(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0818),

–  having regard to Article 251(2) and Article 152(4)(a) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0480/2008),

–  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 168(4) of the Treaty on the Functioning of the EU,

–  having regard to the opinion of 10 June 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 and the opinion of the Committee on Legal Affairs (A7-0106/2010),

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

2.  Approves the statement of the European Parliament, the Council and the Commission and takes note of the Commission statement 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 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.

(1) OJ C 306, 16.12.2009, p. 64.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2010/53/EU)

Statement of the European Parliament, the Council and the Commission on Article 290 TFEU

The European Parliament, the Council and the Commission declare that the provisions of this Directive 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 of the European Commission (Urgency)

The European Commission undertakes to keep the European Parliament and the Council fully informed on the possibility of a delegated act being adopted under the urgency procedure. As soon as the Commission's services foresee that a delegated act might be adopted under the urgency procedure, they will informally warn the secretariats of the European Parliament and of the Council.