28.11.2012 Official Journal of the European Union L 328/1 (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 EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) Council Decision 2008/971/EC of 16 December 2008 on the equivalence of forest reproductive material produced in third countries (*) determines the conditions under which forest reproductive material of the ‘source identified’ and ‘selected’ categories, produced in third countries listed in Annex I to that Decision, is to be imported into the Union. (2)  The national rules for the certification of forest repro- ductive material in Canada, Croatia, Norway, Serbia, Swit- zerland, Turkey and the United States provide for an official field inspection to be carried out during the collection and processing of seed and the production of planting stock. (3)  According to those rules, the systems for the approval and registration of basic material and the subsequent production of reproductive material from that basic () OJ C 351, 15.11.2012, p. 91. (3) Position of the European Parliament of 23 October 2012 (not yet published in the Official Journal) and decision of the Council of 13 November 2012. () OJ L 345, 23.12.2008, p. 83. material should follow the OECD Scheme for the Certifi- 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 the ‘source identified’, ‘selected’ and ‘qualified’ categories to be officially certified and the seed packages to be officially closed in accordance with the OECD Forest Seed and Plant Scheme. 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 Council Directive 1999/105/EC of 22 December 1999 on the marketing of forest reproductive material (*). Furthermore, with the exception of the conditions regarding seed quality, species purity and planting stock quality, the rules of these third countries afford the same guarantees as regards the conditions applicable to seed 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 of the ‘qualified’ category in Canada, Croatia, Norway, Serbia, Switzerland, Turkey and the United States should be considered to be equivalent to those set out in Directive 1999/105/EC, provided that the conditions set out in Annex II to Decision 2008/971/EC are satisfied as regards seed and planting stocks. As regards material of the ‘qualified’ category, those conditions should include the provision of information on whether the products have been genetically modified or not. Such information should facilitate the application of the requirements set out in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (%), or, where applicable, in Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (%) and Regulation (EC) No 1830/2003 of the European Parliament and of 11, 15.1.2000, p. 17. oJ L 0] L 106, 17.4.2001, p. 1. oJ L 268, 18.10.2003, p. 1.