(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0668),

–  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0513/2008),

–  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), Article 114 and Article 168(4)(c) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 15 July 2009(1),

–  having regard to the opinion of the Committee of the Regions of 7 October 2009(2),

–  having regard to the undertaking given by the Council representative by letter of 21 December 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 Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0148/2010),

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

2.  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;

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

(1) OJ C 317, 23.12.2009, p. 62. (2) OJ C 79, 27.3.2010, p. 50.

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/62/EU)