31977D0147
77/147/EEC: Commission Decision of 29 December 1976 authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German text is authentic)
                            Official Journal L 047 , 18/02/1977 P. 0066 - 0067
                        
                        
                    
                    
                    
                
                            COMMISSION DECISION of 29 December 1976 authorizing the Federal Republic of Germany to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German text is authentic) (77/147/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 plant species (1), as last amended by Council Directive 73/438/EEC of 11 December 1973 (2), and in particular Article 15 (2) and (3) thereof,
                        
                        
                    
                    
                    
                
                            Having regard to the application lodged by the Federal Republic of Germany,
                        
                        
                    
                    
                    
                
                            Whereas, under Article 15 (1) of the said Directive, seed and propagating material of varieties of agricultural plant species which have been officially accepted during the year 1974 in one or more of the Member States and which fulfil the conditions provided for in this Directive are, after 31 December 1976, no longer subject to any marketing restrictions relating to variety within the Community;
                        
                        
                    
                    
                    
                
                            Whereas, however, Article 15 (2) of the said Directive provides that a Member State may be authorized upon application to prohibit the marketing of seed and propagating material of certain varieties;
                        
                        
                    
                    
                    
                
                            Whereas the Federal Republic of Germany has applied for such authorization in respect of varieties of cereals;
                        
                        
                    
                    
                    
                
                            Whereas the varieties of maize have not been the subject of official growing trials in the Federal Republic of Germany for the purpose of the German application ; whereas the varieties of maize concerned have an FAO maturity class index of 350 or over ; whereas it is well known that the varieties of maize which have an FAO maturity class index of 350 or over at present are not yet suitable for cultivation in the Federal Republic of Germany (Article 15 (3) (c), second case thereof);
                        
                        
                    
                    
                    
                
                            Whereas, therefore, the application of the Federal Republic of Germany in respect of all these varieties should be granted in full;
                        
                        
                    
                    
                    
                
                            Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Seed and Propagating Material for Agriculture, Horticulture and Forestry,
                        
                        
                    
                    
                    
                
                            HAS ADOPTED THIS DECISION:
                        
                        
                    
                    
                    
                
                            Article 1
                        
                        
                    
                    
                    
                
                            The Federal Republic of Germany shall be authorized to prohibit the marketing in all of its territory of seed of the following varieties listed in the 1977 common catalogue of varieties of agricultural plant species:
                        
                        
                    
                    
                    
                
                            Cereals
                        
                        
                    
                    
                    
                
                            Zea mais L.
                        
                        
                    
                    
                    
                
                            Armada 452
                        
                        
                    
                    
                    
                
                            Atlas UC 2900
                        
                        
                    
                    
                    
                
                            Brio "Asgrow 42"
                        
                        
                    
                    
                    
                
                            Champion "Pag 40"
                        
                        
                    
                    
                    
                
                            Cresus "Pag 36 S"
                        
                        
                    
                    
                    
                
                            Dedalo
                        
                        
                    
                    
                    
                
                            Defi "Pag 50 HT"
                        
                        
                    
                    
                    
                
                            Dekalb XL 373
                        
                        
                    
                    
                    
                
                            Diamant UC 5200
                        
                        
                    
                    
                    
                
                            Eclair "Pag 51"
                        
                        
                    
                    
                    
                
                            Funk's G 23377
                        
                        
                    
                    
                    
                
                            Funk's G 68004
                        
                        
                    
                    
                    
                
                            Funk's G 68244
                        
                        
                    
                    
                    
                
                            Funk's G Aster (1)OJ No L 225, 12.10.1970, p. 1. (2)OJ No L 356, 27.12.1973, p. 79.
                        
                        
                    
                    
                    
                
                            Galeria
                        
                        
                    
                    
                    
                
                            Hybridor 464
                        
                        
                    
                    
                    
                
                            Hybridor 573
                        
                        
                    
                    
                    
                
                            Hybridor 609
                        
                        
                    
                    
                    
                
                            Hybridor 664
                        
                        
                    
                    
                    
                
                            Hybridor 703
                        
                        
                    
                    
                    
                
                            Hybridor 743
                        
                        
                    
                    
                    
                
                            Isonzo
                        
                        
                    
                    
                    
                
                            Jaguar UC 8700
                        
                        
                    
                    
                    
                
                            Kelly UC 3300
                        
                        
                    
                    
                    
                
                            Kobe UC 3600
                        
                        
                    
                    
                    
                
                            Pactole "Inra 621"
                        
                        
                    
                    
                    
                
                            Peruviano
                        
                        
                    
                    
                    
                
                            Plata TV 28
                        
                        
                    
                    
                    
                
                            Regina
                        
                        
                    
                    
                    
                
                            Roffi 730
                        
                        
                    
                    
                    
                
                            RX 59
                        
                        
                    
                    
                    
                
                            RX 76
                        
                        
                    
                    
                    
                
                            RX 78
                        
                        
                    
                    
                    
                
                            RX 82
                        
                        
                    
                    
                    
                
                            RX 84
                        
                        
                    
                    
                    
                
                            RX 86
                        
                        
                    
                    
                    
                
                            Saturno TV 33
                        
                        
                    
                    
                    
                
                            Saturno TV 34
                        
                        
                    
                    
                    
                
                            Silver U 333
                        
                        
                    
                    
                    
                
                            Tiger
                        
                        
                    
                    
                    
                
                            Tritone
                        
                        
                    
                    
                    
                
                            Ulisse.
                        
                        
                    
                    
                    
                
                            Article 2
                        
                        
                    
                    
                    
                
                            The authorization given in Article 1 shall be withdrawn once it is established that the conditions thereof are no longer being satisfied.
                        
                        
                    
                    
                    
                
                            Article 3
                        
                        
                    
                    
                    
                
                            The Federal Republic of Germany shall notify the Commission of the date from which it is making use of the authorization given under Article 1 and the detailed methods to be followed. The Commission shall inform the other Member States thereof.
                        
                        
                    
                    
                    
                
                            Article 4
                        
                        
                    
                    
                    
                
                            This Decision is addressed to the Federal Republic of Germany.
                        
                        
                    
                    
                    
                
                            Done at Brussels, 29 December 1976.
                        
                        
                    
                    
                    
                
                            For the Commission
                        
                        
                    
                    
                    
                
                            P.J. LARDINOIS
                        
                        
                    
                    
                    
                
                            Member of the Commission