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28.11.2012 Official
Journal
of
the
European
Union
L
328/1
I
(Legislative acts)
DECISIONS
DECISION No 1104/2012/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 November 2012
amending Council Decision 2008/971/EC to include forest reproductive material of the ‘qualified’
category and to update the name of the authorities responsible for the approval and control of the
production
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
material should follow the OECD Scheme for the Certifi
EUROPEAN UNION,
cation of Forest Reproductive Material Moving in Inter
national Trade (OECD Forest Seed and Plant Scheme). In
addition, those rules require seed and planting stock of
Having regard to the Treaty on the Functioning of the European
the ‘source identified’, ‘selected’ and ‘qualified’ categories
Union, and in particular Article 43(2) thereof,
to be officially certified and the seed packages to be
officially closed in accordance with the OECD Forest
Having regard to the proposal from the European Commission,
Seed and Plant Scheme.
After transmission of the draft legislative act to the national
parliaments,
(4) An
examination
of
those
rules
as
regards
the
‘qualified’
category has shown that the conditions for approval of
basic material satisfy the requirements laid down in
Having regard to the opinion of the European Economic and
Council Directive 1999/105/EC of 22 December 1999
Social Committee ( 1 ),
on the marketing of forest reproductive material ( 4 ).
Furthermore, with the exception of the conditions
Acting in accordance with the ordinary legislative procedure (
regarding seed quality, species purity and planting stock

2 ),
quality, the rules of these third countries afford the same
guarantees as regards the conditions applicable to seed
Whereas:
and planting stock of the new ‘qualified’ category as
those set out in Directive 1999/105/EC. It follows that
the rules relating to the certification of forestry material
(1) Council
Decision
2008/971/EC
of
16
December
2008
of the ‘qualified’ category in Canada, Croatia, Norway,
on the equivalence of forest reproductive material
Serbia, Switzerland, Turkey and the United States
produced in third countries ( 3 ) determines the conditions
should be considered to be equivalent to those set out
under which forest reproductive material of the ‘source
in Directive 1999/105/EC, provided that the conditions
identified’ and ‘selected’ categories, produced in third
set out in Annex II to Decision 2008/971/EC are satisfied
countries listed in Annex I to that Decision, is to be
as regards seed and planting stocks.
imported into the Union.
(2) The
national
rules
for
the
certification
of
forest
repro
(5) As
regards
material
of
the
‘qualified’
category,
those
ductive material in Canada, Croatia, Norway, Serbia, Swit
conditions should include the provision of information
zerland, Turkey and the United States provide for an
on whether the products have been genetically modified
official field inspection to be carried out during the
or not. Such information should facilitate the application
collection and processing of seed and the production
of the requirements set out in Directive 2001/18/EC of
of planting stock.
the European Parliament and of the Council of 12 March
2001 on the deliberate release into the environment of
(3)
According to those rules, the systems for the approval
genetically modified organisms ( 5 ), or, where applicable,
and registration of basic material and the subsequent
in Regulation (EC) No 1829/2003 of the European
production of reproductive material from that basic
Parliament and of the Council of 22 September 2003
on genetically modified food and feed ( 6 ) and Regulation
(EC) No 1830/2003 of the European Parliament and of
( 1 ) OJ C 351, 15.11.2012, p. 91.
( 2 ) Position of the European Parliament of 23 October 2012 (not yet
published in the Official Journal) and decision of the Council of
( 4 ) OJ L 11, 15.1.2000, p. 17.
13 November 2012.
( 5 ) OJ L 106, 17.4.2001, p. 1.
( 3 ) OJ L 345, 23.12.2008, p. 83.
( 6 ) OJ L 268, 18.10.2003, p. 1.

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L 328/2
EN
Official Journal of the European Union
28.11.2012
the Council of 22 September 2003 concerning the
planting stock complying with Directive 1999/105/EC,
traceability and labelling of genetically modified
provided that the conditions laid down in Annex II to
organisms and the traceability of food and feed
this Decision are satisfied.’;
products produced from genetically modified organ
isms ( 1 ).
(3) in Article 4, the first paragraph is replaced by the following:
(6) In
addition,
the
names
of
some
authorities
responsible
‘When seed and planting stock enter the Union, the supplier
for the approval and control of the production, as listed
importing this material shall inform the official body of that
in Annex I to Decision 2008/971/EC, have changed.
Member State in advance of the import. The official body
shall issue a Master Certificate based on the official OECD
Certificate of Provenance before the material is placed on
(7) Decision
2008/971/EC
should
therefore
be
amended
the market.’;
accordingly,
(4) Annexes I and II are amended in accordance with the
HAVE ADOPTED THIS DECISION:
Annex to this Decision.
Article 1
Article 2
Decision 2008/971/EC is hereby amended as follows:
This Decision shall enter into force on the third day following
that of its publication in the Official Journal of the European
Union.
(1) in Article 1, the first paragraph is replaced by the following:
It shall apply from 1 January 2013.
‘This Decision determines the conditions under which forest
reproductive material of the ‘source identified’, ‘selected’ and
Article 3
‘qualified’ categories produced in a third country listed in
Annex I shall be imported into the Union.’;
This Decision is addressed to the Member States.
(2) in Article 3, paragraph 2 is replaced by the following:
Done at Strasbourg, 21 November 2012.
‘2. Seed
and
planting
stock
of
the
‘source
identified’,
‘selected’ and ‘qualified’ categories of species listed in
Annex I to Directive 1999/105/EC, produced in the third
For the European Parliament
For the Council
countries listed in Annex I to this Decision and officially
certified by the third country authorities listed in that
The President
The President
Annex, shall be considered equivalent to seed and
M. SCHULZ
A. D. MAVROYIANNIS
( 1 ) OJ L 268, 18.10.2003, p. 24.

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EN
28.11.2012 Official
Journal
of
the
European
Union
L
328/3
ANNEX
Annexes I and II to Decision 2008/971/EC are amended as follows:
(1) Annex I is replaced by the following:
‘ANNEX I
Countries and authorities
Country (*) Authority
responsible
for
the
approval
and
control
of
production
CA National
Forest
Genetic
Resources
Centre/Centre
national
des
ressources
génétiques
forestières
Natural Resources Canada/Ressources naturelles Canada
Canadian Forest Service-Atlantic/Service canadien des forêts -Atlantique
P.O. Box 4000,
FREDERICTON, NB E3B 5P7
CH Federal
Office
for
the
Environment
(FOEN)
Department of the Environment, Transport, Energy and Communications (UVEK)
Forest Division
Federal Plant Protection Service
Zürcherstrae 111
CH-8903 BIRMENSDORF
HR Croatian
Forest
Research
Institute
–
CFI
Division of Genetics, Forest Tree Breeding and Seed Science
Cvjetno naselje 41
10450 Jastrebarsko
NO Norwegian
Forest
Research
Institute
Hgskoleveien 12
N-1432 AAS
Norwegian Forest Seed Station
P.O. Box 118
N-2301 HAMAR
RS Group
for
Forest
Reproductive
Material
and
Genetic
Resources
Directorate
for
Forest
Ministry of Agriculture, Forestry and Water Management
Ministry of AFW — Directorate for Forest
Omladinskih brigada 1
Novi Beograd
TR Ministry
of
Environment
and
Forestry
General Directorate of Forestation and Erosion Control
Bestepe 06560
Ankara
US USA
United
States
Department
of
Agriculture,
Forest
Service
Cooperative Forestry
National Seed Laboratory
5675 Riggins Mill Road
Dry Branch, Georgia 31020
OFFICIAL STATE CERTIFICATION AUTHORITIES
(Authorised to issue OECD certificates through cooperative agreement with USDA Forest
Service)
Washington State Crop Improvement Association, Inc.
1610 NE Eastgate Blvd, Suite 610
Pullman, Washington 99163
(*) CA – Canada, CH – Switzerland, HR – Croatia, NO – Norway, RS – Serbia, TR – Turkey, US – United States.’;
(2) in Annex II, the following section is added:
‘C. Additional conditions relating to the ‘qualified’ category of seed and planting stock produced in third countries
As regards seed or planting stock of the ‘qualified’ category, the OECD Label and the supplier’s label or
document shall state whether genetic modification has been used in the production of the basic material.’.

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Document Outline

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