P6_TA(2004)0097

Cross-border vehicle crime *

European Parliament legislative resolution on the initiative by the Kingdom of the Netherlands for adoption of a Council Decision on tackling vehicle crime with cross-border implications (5450/2004, 5216/2004 — C5-0056/2004 — 2004/0803(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the initiative by the Kingdom of the Netherlands (5450/2004, 5216/2004) [1],

- having regard to Article 34(2) of the EU Treaty,

- having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0056/2004),

- having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, pursuant to which the Council consulted Parliament,

- having regard to Rules 93 and 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Transport and Tourism (A6-0052/2004),

1. Approves the initiative by the Kingdom of the Netherlands as amended;

2. Calls on the Council to amend the text accordingly;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Calls on the Council to consult Parliament again if it intends to amend the initiative by the Kingdom of the Netherlands substantially;

5. Instructs its President to forward its position to the Council and Commission, and the government of the Kingdom of the Netherlands.

TEXT PROPOSED BY THE KINGDOM OF THE NETHERLANDS | AMENDMENTS BY PARLIAMENT |

Amendment 1

Citation 4

—having regard to the Council Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used, | Deleted |

Amendment 2

Recital 1

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

Amendment 3

Recital 2

(2) These thefts involve considerable damage amounting to at least EUR 15 billion per year. | (2) Vehicle crime is a cross-border phenomenon of very serious dimensions involving considerable economic damage. |

Amendment 4

Recital 3

(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. | (3)A large proportion of vehicles stolen in the Member States of the European Union are stolen by organised crime and then converted and exported to other States within and outside the European Union. |

Amendment 5

Recital 6

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

Amendment 6

Recital 9

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

Amendment 7

Recital 9a (new)

| (9a) Close cooperation between national competent authorities and public and private organisations which have already established effective procedures for tackling vehicle crime should be actively encouraged. |

Amendment 8

Recital 13a (new)

| (13a) The Commission should devise a comprehensive plan of action to prevent and combat international vehicle crime involving vehicles and their loads. This plan should contain an outline of the various legislative acts necessary to address the problem. |

Amendment 9

Article 2, paragraph 2

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

Amendment 10

Article 3, paragraph 1

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

Amendment 12

Article 5, paragraph 2

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. | 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. Information exchange shall extend to methods and best practices of prevention of vehicle crime. Such exchanges shall not include exchanges of personal data. |

Amendment 13

Article 5, paragraph 3

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

Amendment 14

Article 6, paragraph 1

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. | Deleted |

Amendment 15

Article 6, paragraph 2

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. | Deleted |

Amendment 16

Article 6, paragraph 3

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

Amendment 17

Article 7

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. | Deleted |

Amendment 18

Article 8, paragraph 1

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). | 1. In order to prevent abuse of vehicle registration certificates, each Member State shall ensure that its national competent authorities take the necessary steps, in accordance with national law, to recover a vehicle owner's or vehicle holder's registration certificate if the vehicle has been seriously damaged in an accident (total loss). |

Amendment 19

Article 9

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. | Deleted |

Amendment 20

Article 12

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. | Deleted |

[1] OJ C 34, 7.2.2004, p. 18.

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