No L 331/46 Official Journal of the European Communities 16. 11. 89 (Acts whose publication is not obligatory) COMMISSION COMMISSION -DECISION of 8 November 1989 authorizing the Federal Republic of Germany and the Hellenic Republic to restrict the marketing of seed of certain varieties of agricultural plant species (Only the German and Greek texts are authentic) (89/589/EEC) THE COMMISSIbN 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 (), as last amended by Directive 88/380/EEC (), and in particular Article 15 (2) and (3) - thereof, 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 1987 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 - 1989, 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 oats of the winter type and varieties of maize with a Food and Agricultural Organization (FAO) maturity class index - over 350 ; whereas it is well known that varieties of winter oats-and ‘varieties of maize with an FAO maturity class . index over 350 are not at present suitable. for cultivation () OJ No L 225, 12. 10. 1970, p. 1. () OJ No L 187, 16. 7. 1988, p. 31. 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 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 seed of the following varieties to be listed in the 1990 Common catalogue of varieties of agricultural plant species : Cereals : 1. Avena sativa L. — OQats Aintree Cigale Craig Sonar