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:

OIL AND FIBRE PLANTS

Glycine max. (L.) Merrill — soya bean

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CEREALS