European Parliament legislative resolution of 15 December 2010 on the proposal for a directive of the European Parliament and of the Council repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology (COM(2008)0801 – C6-0467/2008 – 2008/0227(COD))
(Ordinary legislative procedure: first reading)
The European Parliament
– having regard to the Commission proposal to Parliament and the Council (COM(2008)0801),
– having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0467/2008),
– having regard to the Commission Communication to 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 Article 114 of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 14 May 2009(1)
– having regard to the undertaking given by the Council representative by letter of 10 November 2010 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
– having regard to Rule 55 of its Rules of Procedure,
– having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0050/2010),
1. Adopts its position at first reading hereinafter set out;
2. Approves the joint statement of the Parliament, the Council and the Commission annexed to this resolution;
3. 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;
4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Position of the European Parliament adopted at first reading on 15 December 2010 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC regarding metrology
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/17/EU).
Statement by the Parliament, the Council and the Commission
In accordance with Article 25 of Directive 2004/22/EC on measuring instruments, the Commission is invited, by the European Parliament and by the Council, to report, before 30 April 2011, on the implementation of that Directive and to submit, where appropriate, a legislative proposal.
In that context, and in accordance with principles of better law-making (including, where appropriate, impact assessment and open consultation), an assessment will be carried out to determine whether and, if so, to what extent, the scope of Directive 2004/22/EC should be extended so as to include any of the measuring instruments currently regulated by Directives 71/317/EEC, 71/347/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC and 86/217/EEC.
The date set for the repeal of those Directives will also be re-examined, in accordance with the outcome of that assessment, with a view to ensuring consistency in the legislative action of the Union in the field of measuring instruments.