(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0610),

–  having regard to Article 251(2) and Articles 169 and 172(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0263/2009),

–  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 Articles 185 and 188(2) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 29 April 2010(1),

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0164/2010),

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

2.  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;

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

(1) Not yet published in the Official Journal.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 862/2010/EU)