(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (11253/2/2002 – C5&nbhy;0223/2003)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2001) 789)(3),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 78 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Constitutional Affairs (A5&nbhy;0250/2003),

1.  Approves the common position;

2.  Notes that the act is adopted in accordance with the common position;

3.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.  Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary&nbhy;General of the Council, to have it published in the Official Journal of the European Communities;

5.  Instructs its President to forward its position to the Council and the Commission.

(1) OJ C 153 E, 1.7.2003, p. 1. (2) P5_TA(2003)0071. (3) OJ C 75 E, 26.3.2002, p. 385.