The European Parliament,

–  having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2000) 349 – C5-0298/2000 - 2000/0147(COD))(1),

–  having regard to the European Parliament's position at first reading(2),

–  having been consulted by the Council on the change of legal basis (C5-0103/2002),

–  having regard to Rule 70 of its Rules of Procedure

–  having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the changement of the legal basis

–  having regard to the report of the Committee on Economic and Monetary Affairs (A5-0140/2002),

1.  Confirms its position at first reading;

2.  Disputes the appropriateness of the new legal basis proposed by the Council,

3.  Insists that Article 95 of the EC Treaty is the appropriate legal basis;

4.  Calls on the Council therefore to forward its common position to Parliament;

5.  Instructs its President to forward this resolution to the Council and Commission.

(1) OJ C 337 E, 28.11.2000, p. 63. (2) OJ C 232, 17.8.2001, p. 301.