(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2021)0557),

–  having regard to the Commission proposal to Parliament and the Council (COM(2022)0222),

–  having regard to Article 294(2), Article 114, Article 192(1) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0329/2021),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) and Article 192(1) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 9 December 2021(1) and of 13 July 2022(2),

–  having regard to the opinion of the Committee of the Regions of 28 April 2022(3),

–  having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 16 June 2023 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 59 and 40 of its Rules of Procedure,

–  having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development,

–  having regard to the report of the Committee on Industry, Research and Energy (A9-0208/2022),

1.  Adopts its position at first reading hereinafter set out(4);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

(1) OJ C 152, 6.4.2022, p. 127. (2) OJ C 443, 22.11.2022, p. 145 (3) OJ C 301, 5.8.2022, p. 184. (4) This position replaces the amendments adopted on 14 September 2022 (OJ C 125, 5.4.2023, p. 398).

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2023/2413.)