(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0032),

–  having regard to Article 294(2), point (d) of the second subparagraph of Article 82(1), and point (a) of Article 87(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0039/2011),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the contributions submitted by the Bulgarian Parliament, the Czech Senate, the German Bundesrat, the Italian Senate, the Netherlands Senate, the Austrian National Council, the Portuguese Parliament and the Romanian Senate on the draft legislative act,

–  having regard to the opinion of the European Economic and Social Committee of 5 May 2011(1),

–  having regard to the opinion of the European Data Protection Supervisor of 25 March 2011(2),

–  having regard to the judgment of the Court of Justice of 8 April 2014 in Joined Cases C-293/12 and C-594/12, Digital Rights Ireland and Seitlinger and others(3),

–  having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(4),

–  having regard to the undertaking given by the Council representative by letter of 7 December 2015 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 188 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Transport and Tourism (A7-0150/2013),

–  having regard to the Decision of the Conference of Presidents of 18 September 2014 on unfinished business from the seventh parliamentary term,

–  having regard to the second report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Transport and Tourism (A8-0248/2015),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C 218, 23.7.2011, p. 107. (2) OJ C 181, 22.6.2011, p. 24. (3) Judgment of the Court of Justice of 8 April 2014, Digital Rights Ireland and Seitlinger and others, Joined Cases C-293/12 and C-594/12, ECLI:EU:C:2014:238. (4) OJ L 281, 23.11.1995, p. 31.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2016/681.)