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Document 31991D0037

    91/37/EEC: Commission Decision of 20 December 1990 authorizing the Federal Republic of Germany and the Hellenic Republic to restrict the marketing of seed of certain varieties of agricultural plant species and amending certain Decisions authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German and Greek texts are authentic)

    OJ L 18, 24.1.1991, p. 19–22 (ES, DA, DE, EL, EN, FR, IT, NL, PT)

    Legal status of the document In force: This act has been changed. Current consolidated version: 25/04/1992

    ELI: http://data.europa.eu/eli/dec/1991/37/oj

    31991D0037

    91/37/EEC: Commission Decision of 20 December 1990 authorizing the Federal Republic of Germany and the Hellenic Republic to restrict the marketing of seed of certain varieties of agricultural plant species and amending certain Decisions authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German and Greek texts are authentic)

    Official Journal L 018 , 24/01/1991 P. 0019 - 0022


    COMMISSION DECISION of 20 December 1990 authorizing the Federal Republic of Germany and the Hellenic Republic to restrict the marketing of seed of certain varieties of agricultural plant species and amending certain Decisions authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German and Greek texts are authentic) (91/37/EEC)

    THE COMMISSION OF THE EUROPEAN COMMUNITIES,

    Having regard to the Treaty establishing the European Economic Community,

    Having regard to Council Directive 70/457/EEC of 29 September 1970 on the common catalogue of varieties of agricultural species (1), as last amended by Directive 90/654/EEC (2), and in particular Article 15 (2) and (3) thereof,

    Having regard to Commission Decision 75/576/EEC (3), and in particular Article 2 thereof and the corresponding provisions of Commission Decisions 79/92/EEC (4), 82/949/EEC (5), 84/23/EEC (6), 85/59/EEC (7), 85/624/EEC (8), 87/110/EEC (9), 87/118/EEC (10), 88/94/EEC (11), 89/77/EEC (12) and 89/589/EEC (13) authorizing the Federal Republic of Germany inter alia to restrict the marketing of seed of certain varieties of agricultural plant species,

    Having regard to the applications lodged by Germany and Greece,

    Whereas, pursuant to Article 15 (1) of Directive 70/457/EEC, seed or propagating material of varieties of agricultural plant species which have been officially accepted during 1988 in at least one of the Member States and which also meets the conditions laid down in Directive 70/457/EEC is, with effect from 31 December 1990, no longer subject to any marketing restrictions relating to the variety in the Community;

    Whereas, however, Article 15 (2) of Directive 70/457/EEC provides that, in the cases set out in Article 15 (3), a Member State may be authorized, upon application, to prohibit the marketing of seed and propagating material of certain varieties;

    Whereas the application of Germany concerns varieties of maize with a Food and Agricultural Organization (FAO) maturity class index over 350; whereas it is well known that varieties of maize with an FAO maturity class index over 350 are not at present suitable for cultivation in Germany (Article 15 (3) (c), second case, of Directive 70/457/EEC); whereas, therefore, the application of Germany in respect of these varieties should be granted in full;

    Whereas the application of Greece concerns early varieties of soya bean; whereas it is also well known that early varieties of soya bean are not at present suitable for cultivation in Greece (Article 15 (3) (c), second case, of Directive 70/457/EEC); whereas, therefore, the application of Greece in respect of these varieties should be granted in full;

    Whereas, however, the system for the grant of authorizations pursuant to Article 15 (2) of the said Directive must be revised, with a view to the completion of the internal market; whereas this revision will affect all derogations granted hitherto, with effect from 31 December 1992 at the latest;

    Whereas by the abovementioned Decisions the Commission has authorized Germany inter alia to prohibit the marketing of seed of certain varieties of oats of the winter type and of certain varieties of maize with an FAO maturity class index over 350, listed in the then current common catalogues of agricultural plant species;

    Whereas experience has shown that it can no longer be maintained that in Germany the value for cultivation and use of certain varieties of oats of the winter type is inferior to other comparable varieties;

    Whereas in the light of current scientific and technical knowledge certain varieties of maize which in the past were considered to fall into a FAO maturity class of an index higher than the abovementioned FAO maturity class index can no longer be so considered;

    Whereas the conditions necessitating the grant of such authorizations to Germany in respect of the said varieties of oats of the winter type and maize are therefore no longer satisfied;

    Whereas accordingly such authorizations in respect of the said varieties should be withdrawn;

    Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

    HAS ADOPTED THIS DECISION: Article 1

    The Federal Republic of Germany is hereby authorized to prohibit the marketing in its territory of the following varieties to be listed in the 1991 common catalogue of varieties of agricultural plant species:

    CEREALS

    Zea mays L. - maize

    Acheo

    AE 431

    Aida

    Albax (W)

    Alcober

    Alfan Aliber

    Alidile

    Aligris

    Alimir

    Alios

    Alnus PX 9646 Alver

    Alyson

    Amalia

    Amandis

    Amor

    Ardy

    Ariane

    Arider

    Ariete

    Ario

    Atakant

    Athenea

    Axion

    Azuris

    Badajoz

    Barcellona

    Bellum

    Bilitis

    Blancor (W)

    Bleck

    Bolt

    Bomber

    Bondy

    Calvi 2659

    Capitan

    Cardan

    Cargispor

    Carico

    Celina

    Celtis

    Ciclone

    Cifor 4313

    Clara 2655

    Cometa

    Commandos

    Conte

    Coronado

    Corsar

    Creso

    Cruise

    CS 8671

    Cusco

    Daino

    Dakar G-4590

    Dekas

    Dekor

    Dekalb XL 72-3

    Denni

    Dingo

    Diodo

    Discovery

    Divina (W)

    Dixie

    DK 415

    DK 433

    DK 536

    DK 698

    Doge

    Dole

    Dracma G-4662

    Drive

    Ducato G-4712

    Duplex

    Duplo

    Elegans Emily

    Eurodis

    Every

    Express

    Fabio

    Faro

    Fausto

    Feeling 02

    Fiorino G-4440

    Flax

    Frederik

    Fuji (W)

    Fulton

    Furio 4207

    Futuro

    Galaxis

    Gary

    Giovanna

    Glauco

    Gordon

    Granada

    Great

    Greg

    Hawaiano

    Hercule 2638

    Ibernio

    Iller

    Illinois DK 698

    Ionio (Wx)

    Itala

    Jedi

    July

    Kido 2641

    Kuban

    Lady

    Lancial

    Laser

    Lavinia

    Leone

    LG 2520

    Licinio

    Litio

    Lola (x)

    Look

    Lord

    Loriot (Wx)

    Los Angeles

    Markober

    Masko

    Milan

    Milford

    Mirto

    Moana

    Molto

    Morgan

    NC 3440

    NC 6131

    Natali

    Navajo

    Nelson

    New York

    Norman

    Odiseo

    Olympis

    Orchidea Orionus (Wx)

    Ovalis

    Pamela

    Pasadena

    Pascal

    Peonia

    Plauto

    Plutonio

    Pothos

    Professional

    Publio

    PX 9283

    PX 9540

    Regen

    Reno

    Ring

    River

    Roger

    Roll

    Rosai

    Roxalis

    Roxis

    Runner

    Sally

    San Diego

    Sandy Scorpio

    Scott

    Sierra

    Silka

    Simona

    Sirmio

    Spencer

    Spiritis

    Sprea

    Sprint

    Sting

    Stratos

    Swan (Wx)

    Tauro

    Terry

    Texano

    Tiffany

    Tosca

    Ulis

    Urasis

    Valdivia

    Vandy

    Ventotene

    Zack

    Zannone.

    Article 2

    The Hellenic Republic is hereby authorized to prohibit the marketing in its territory of seed of the following varieties to be listed in the 1991 common catalogue of varieties of agricultural plant species:

    OIL AND FIBRE PLANTS

    Glycine max. (L.) Merrill - soya bean

    Cervin

    Kalmit

    Leopard

    Major

    Mogador. Article 3

    The authorizations given in Articles 1 and 2 shall be withdrawn as soon as it is established that the conditions thereof are no longer satisfied. Article 4

    The Federal Republic of Germany and the Hellenic Republic shall notify the Commission and the other Member States of the date from which they make use of the authorizations given in Articles 1 and 2 respectively and the detailed methods to be followed. Article 5

    The authorizations for the Federal Republic of Germany granted in the Decisions listed below are hereby withdrawn as far as the varieties respectively listed below are concerned:

    CEREALS

    1. Avena sativa L. - oats

    Decision Varieties 75/576/EEC Angelica Argentina Astra Ava Avoine d'hiver du Prieur Crin Noir Noire de Moyencourt Peniarth Rogart 8 79/92/EEC Pennal 82/949/EEC Fringante Kalott Rosette 85/59/EEC Bulwark Lidia Oyster 85/624/EEC Mutine Tanagra 87/110/EEC Vintero 87/118/EEC AC 1 Blancanieves Blenda Cartuja Nina PA 101 PA 102 PA 105 Prevision Roja de Argelia Saia 6 88/94/EEC Image Lustre 89/77/EEC Kynon 89/589/EEC Aintree Cigale Craig Sonar

    2. Zea mays L. - maize

    Decision Varieties 82/949/EEC Fany 84/23/EEC Cantaleso Eva 85/59/EEC Arta 85/624/EEC Senechal 88/94/EEC Anjou 39 Aquilan LG 2350 89/77/EEC Jaguar Mikado Nobel 89/589/EEC Axios

    Article 6

    This Decision is addressed to the Federal Republic of Germany and the Hellenic Republic. Done at Brussels, 20 December 1990. For the Commission

    Ray MAC SHARRY

    Member of the Commission (1) OJ No L 225, 12. 10. 1970, p. 1. (2) OJ No L 353, 17. 12. 1990, p. 48. (3) OJ No L 253, 30. 9. 1975, p. 36. (4) OJ No L 22, 31. 1. 1979, p. 14. (5) OJ No L 383, 31. 12. 1982, p. 27. (6) OJ No L 20, 25. 1. 1984, p. 19. (7) OJ No L 23, 26. 1. 1985, p. 44. (8) OJ No L 379, 31. 12. 1985, p. 20. (9) OJ No L 48, 17. 2. 1987, p. 27. (10) OJ No L 49, 18. 2. 1987, p. 35. (11) OJ No L 56, 2. 3. 1988, p. 40. (12) OJ No L 30, 1. 2. 1989, p. 72. (13) OJ No L 331, 16. 11. 1989, p. 46.

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