Brussels, 10.1.2005

COM(2005) 3 final

2003/0198 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common Position of the Council on the adoption of a proposal for a Regulation of the European Parliament and of the Council amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles.

2003/0198 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the

common Position of the Council on the adoption of a proposal for a Regulation of the European Parliament and of the Council amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles.

1. BACKGROUND

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2. INTRODUCTION

On 3 September 2003, the Commission forwarded to the Council a Proposal for a Regulation of the European Parliament and of the Council amending the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders as regards access to the Schengen Information System by the services in the Member States responsible for issuing registration certificates for vehicles.

The general objective of the proposal is to amend the Schengen Convention to improve co-operation between Member States and as a result the functioning of the internal market. The specific objectives are as follows: In the first place this proposal contributes to the realisation of the common transport policy by providing Member States with an additional operational means to assist each with re-registration of vehicles and thus to facilitate the mutual recognition of vehicle registration certificates issued by another Member State. In the second place this proposal signifies a development of the Schengen acquis in the sense of Council Decision 1999/436/EC[1]. It is a concrete contribution to a series of other initiatives developing the Schengen acquis aiming at augmenting the functionalities of the SIS. In the third place the proposal will contribute to the achievement of the goals formulated by the European Council of Tampere, especially the objective mentioned under Chapter IX “Stepping up co-operation against crime”, in section C “A union-wide fight against crime”, paragraph 43 “Maximum benefit should be derived from co-operation between Member States’ authorities when investigating cross-border crime in any Member State”.

3. AMENDMENTS

The Parliament delivered its Opinion on 1 April 2004, proposing 10 amendments[2].

All amendments proposed by the Parliament and acceptable to the Commission (amendments nr. 1, 2, 3, 5, 6 and 7) have been integrated in the text. Amendment 8 has also been taken up in the common position.

The other amendments (amendments 4, 10 and 11) which were not acceptable to the Commission, have not been included in the common position because it is considered that the current draft Regulation does not provide the correct and sufficient legal basis for these provisions.

Further amendments introduced by the Council are acceptable to the Commission, notably the amendments of “or invalidated” to recital (6); of recitals (7) and (15); of “or invalidated” to Article 1, article 102a (1) (c); of “and to pass them on to those services” to Article 1, article 102a (2); and of paragraphs 3, 4 and 5 to Article 2.

4. CONCLUSIONS

The common position was formally adopted by the Council on 22 December 2004 by unanimity. The Commission supports the common position.

[1] Council Decision 1999/436/EC of 20 May 1999 determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis OJ L 176 of 10.7.1999 page 17-30.

[2] The outcome of the Parliament's first reading is set out in document 7956/04 CODEC 485 SIRIS 49 COMIX 231.