(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2009)0268),

–   having regard to Article 251(2) and Articles 37 and 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0035/2009),

–   having regard to the Communication from the Commission to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–   having regard to Article 294(3) and Articles 43(2) and 168(4)(b) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of 6 October 2009 of the European Economic and Social Committee(1),

–   after consulting the Committee of Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0082/2009),

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

2.  Approves the statement of the European Parliament, the Council and the Commission and draws attention to the Commission statements annexed hereto, which will be published in the Official Journal of the European Union together with the final legislative act;

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

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

(1) OJ C 318, 23.12.2009, p. 121.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 438/2010.)

Statement by the Commission

The Commission has the intention to propose a revision of Regulation (EC) No 998/2003 in its entirety before 30 June 2011, and, in particular, the aspects of delegated and implementing acts.

Statement of the European Parliament, the Council and the Commission on Article 290 of the Treaty on the Functioning of the European Union (TFEU)

The European Parliament, Council and Commission declare that the provisions of this Regulation shall be without prejudice to any future position of the institutions as regards the implementation of Article 290 TFEU or individual legislative acts containing such provisions.

Statement by the Commission concerning the notification of delegated acts

The European Commission takes note that, except in cases where the legislative act provides for an urgency procedure, the European Parliament and the Council consider that the notification of delegated acts shall take into account the periods of recess of the institutions (winter, summer and European elections), in order to ensure that the European Parliament and the Council are able to exercise their prerogatives within the time limits laid down in the relevant legislative acts, and is ready to act accordingly.