(Codecision procedure: third reading)

The European Parliament,

–   having regard to the joint text approved by the Conciliation Committee and the relevant Commission statement (PE-CONS 3670/2003 – C5&nbhy;0461/2003),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2001) 35)(2),

–   having regard to the amended proposal (COM(2002) 101)(3),

–   having regard to its position at second reading(4) on the Council common position(5),

–   having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2003) 208 - C5-0182/2003)(6),

–   having regard to Article 251(5) of the EC Treaty,

–   having regard to Rule 83 of its Rules of Procedure,

–   having regard to the report of its delegation to the Conciliation Committee (A5&nbhy;0364/2003),

1.  Rejects the joint text;

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

(1) OJ C 140 E, 13.6.2002, p. 283. (2) OJ C 154 E, 29.5.2001, p. 290. (3) OJ C 181 E, 30.7.2002, p. 160. (4) Texts Adopted, 11.3.2003, P5_TA(2003)0078. (5) OJ C 299 E, 3.12.2002, p. 1. (6) Not yet published in OJ.