(Codecision procedure: first reading – renewed consultation)

The European Parliament,

–   having regard to the proposal to amend the legal basis and to the "general orientation" agreed by the Council on 8 December 2003 (15769/2003 – C5-0027/2004)(1),

–   having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2002) 488)(3),

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

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

–   having regard to Rules 67 and 71(2) of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0213/2004),

1.  Welcomes the fact that, as regards the substance, the Council has abided by Parliament's proposals;

2.  Approves amendment of the legal basis;

3.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

4.  Calls on the Council to refer to Parliament's recommendations in the preamble;

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

(1) Not yet published in OJ. (2) Texts Adopted, 23.9.2003, P5_TA(2003)0397. (3) OJ C 331 E, 31.12.2002, p. 262.