Initiative of the Kingdom of the Netherlands with a view to adopting on tackling vehicle crime with cross-border implications

(2004/C 34/16)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of the Netherlands,

Having regard to the Opinion of the European Parliament,

Having regard to the Council Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used(1),

Whereas:

(1) An estimated 1,2 million motor vehicles are stolen each year in the Member States of the European Union.

(2) These thefts involve considerable damage amounting to at least EUR 15 billion per year.

(3) A large proportion of these vehicles, estimated at 30 to 40 %, are stolen by organised crime and then converted and exported to other States within and outside the European Union.

(4) Besides causing material damage, this is also seriously damaging to citizens' sense of justice and feeling of security. Vehicle crime may be accompanied by serious forms of violence.

(5) Consequently, attainment of the objective in Article 29 of the Treaty, to provide citizens with a high level of safety within an area of freedom, security and justice, is hampered.

(6) Vehicle crime may also be linked internationally to other forms of crime, such as trafficking in drugs, firearms and human beings.

(7) Tackling vehicle crime is a matter for the competence of the Member States in the police and judicial sphere.

(8) However, a common approach involving - wherever practicable and necessary - mutual assistance between the Member States and law enforcement authorities of the European Union is desirable in order to address the cross-border aspects of this form of crime.

(9) Cooperation between police forces, customs and vehicle registration authorities is of particular importance, as is the provision of information to the relevant parties.

(10) Cooperation with Europol is equally important as Europol can provide analyses and reports on the matter.

(11) CEPOL offers police forces in the Member States, via the European Police Learning Net (EPLN), a library function in the field of vehicle crime for consulting information and expertise. Via its discussion function, EPLN also provides the possibility of exchanging knowledge and experience.

(12) The fight against vehicle crime will be intensified by an increase in the number of Member States acceding to the Treaty concerning a European Vehicle and Driving Licence Information System (Eucaris) of 29 June 2000.

(13) A number of specific measures will need to be taken if vehicle crime with an international dimension is to be combated effectively,

HAS DECIDED AS FOLLOWS:

Article 1

Definition

For the purposes of this Decision, "vehicle" means any motor vehicle with a cylinder capacity exceeding 50 cc and trailers and caravans with an unladen weight exceeding 750 kg.

Article 2

Objective

1. The objective of this Decision is to arrive at a common approach and cooperation within the European Union with the aim of preventing and combating cross-border vehicle crime.

2. Particular attention shall be given to the relationship between vehicle theft and the illegal car trade and other forms of crime, such as trafficking in drugs, firearms and human beings.

Article 3

Cooperation between national competent authorities

Member States shall take the necessary steps to enhance mutual cooperation between national competent authorities (police, customs and vehicle registration authorities) in order to combat cross-border vehicle crime, inter alia by means of cooperation agreements.

Specific attention shall be given to controlling exports of goods, taking into account respective competences.

Article 4

Cooperation between competent authorities and the private sector

1. Member States shall take the necessary steps to organise periodic consultations between law enforcement agencies and vehicle registration authorities and the private sector (such as holders of private registers of missing vehicles, insurers and the car trade) with a view to coordination of information and mutual alignment of activities in this area, preferably via a permanent consultation platform.

2. Member States shall take the necessary steps with regard to the procedures to be followed for repatriating vehicles released by law enforcement agencies following their seizure.

Article 5

Vehicle crime contact points

1. Within three months from the date when this Decision takes effect, Member States shall designate, within their law enforcement agencies, a contact point for tackling vehicle crime.

2. Member States shall authorise the contact points to exchange experience, expertise as well as general and technical information concerning vehicle crime on the basis of existing legislation.

3. Information concerning the designated national contact points, including subsequent changes, shall be notified to the General Secretariat of the Council for publication in the Official Journal of the European Union.

Article 6

Issuing alerts for stolen vehicles and blank registration certificates

1. Whenever a vehicle is reported stolen, Member States' law enforcement agencies shall immediately enter a stolen vehicle alert in the Schengen Information System (SIS) and - where possible - in Interpol's ASF/Stolen Motor Vehicle System.

2. An alert in the search register shall be immediately withdrawn by the Member State which issued it as soon as the reason for issuing an alert on the vehicle ceases to exist or its owner withdraws the theft report.

3. Whenever blank registration certificates are reported stolen, Member States' law enforcement agencies shall immediately enter an alert thereon in the SIS.

Article 7

Registration

1. Law enforcement agencies and vehicle registration authorities shall take the necessary steps to prevent abuse and theft of vehicle registration documents.

2. When (re-)registering a vehicle, national vehicle registration authorities shall, in cooperation with the law enforcement agencies, consult the vehicle register of the country of original registration as well as the stolen vehicle search registers referred to in Article 6.

3. In order to prevent stolen vehicles being (re-)registered, arrangements shall be made at national level for consultation or linkage of the registration systems referred to in Article 6(1) and also for checking the identity of the vehicles.

Article 8

Preventing abuse of vehicle registration certificates

1. In order to prevent abuse of vehicle registration certificates, law enforcement agencies shall - where possible - recover a vehicle owner's or vehicle holder's registration certificate if the vehicle has been seriously damaged in an accident (total loss).

2. A registration certificate shall also be recovered where, during a check by the law enforcement agency, it is suspected that there has been an infringement concerning the vehicle's identity markings.

3. Registration certificates shall be returned only following examination and positive verification of the vehicle's identity.

Article 9

Europol

Law enforcement agencies shall keep Europol informed on vehicle crime perpetrators (perpetrator groups), within the scope of the latter's mandate and tasks.

Article 10

Promotion of expertise and training

Member States shall take the necessary steps to ensure that national police and customs training institutes promote in their curricula specialist training in the field of vehicle crime prevention and detection.

Article 11

Meeting of contact points and annual report to the Council

Vehicle crime contact points shall hold a meeting at least once a year under the auspices of the Member State holding the Presidency of the Council. Europol shall be invited to participate in that meeting. The Presidency shall report to the Council on the progress of practical police cooperation.

Article 12

Arrangements with third countries

1. Partnership or cooperation agreements to be concluded between the European Union and third countries shall as far as possible include a provision concerning vehicle crime, and more particularly concerning the verification of vehicles upon registration in a third country where the vehicles originate in one of the Member States.

2. At the request of the third country for verification of vehicles, the Member State in question shall consult the National Schengen Information System as well as the vehicle registration authority of that Member State.

Article 13

Evaluation

Implementation of this Decision shall be evaluated after three years from the date on which it takes effect.

Article 14

Entry into effect

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, ...

For the Council

The President

(1) OJ C 162, 9.6.1999, p. 1.