(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (10753/3/2010 – C7-0267/2010),

–  having regard to the Commission proposal to the European Parliament and to the Council (COM(2008)0311) and to the amended proposal (COM(2009)0579),

–  having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0203/2008),

–  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(7) of the Treaty on the Functioning of the European Union,

–  having regard to its position at first reading(1),

–  having regard to the opinion of the European Economic and Social Committee of 25 February 2009(2),

–  having regard to the undertaking given by the Council representative by letter of 8 December 2010 to approve Parliament's position at second reading, in accordance with Article 294(8) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 66 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A7-0343/2010),

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

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

(1) OJ C 184 E, 8.7.2010, p. 441. (2) OJ C 218, 11.9.2009, p. 15.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 305/2011.)