(Codecision procedure - renewed consultation on the legal basis)

The European Parliament,

–   having regard to the proposal from the Commission to the European Parliament and to the Council (COM(2001) 294 – C5&nbhy;0270/2001(1)),

–   having regard to the its opinion at first reading(2),

–   having been consulted by the Council on the change of legal basis (6930/2003 - C5-0217/2003),

–   having regard to Rule 71(2) of its Rules of Procedure,

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A5&nbhy;0262/2003),

1.  Confirms its opinion 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 270 E, 25.9.2001, p. 96. (2) OJ C 284 E, 21.11.2002, p. 191.