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
Date: 2003-08-21
Institutions: European Commission
Subjects: Schengen Agreement, border control, internal border of the EU, vehicle registration

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21.8.2003
COM(2003) 510 final

2003/0198 (COD)

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1.

INTRODUCTION

The  Treaty  of  Amsterdam  introduced  the  progressive  establishment  of  an  area  of  freedom,
security and justice as  a new  goal of the Union. Article 2 of the  Treaty on European Union
(TEU) stipulates that in this area the free movement of persons is to be assured in conjunction
with appropriate measures with respect to external border controls, asylum, immigration and
the prevention and combating of crime.

With  regard to the latter, Article 61(e) of  the  Treaty  Establishing  the  European  Community
(TEC) states that in order to establish progressively an area of freedom, security and justice,
the Council shall adopt measures in the field of police and judicial  co-operation in  criminal
matters aimed at a high level of security by preventing and combating crime within the Union
in accordance with the provisions of the Treaty on European Union.

Article  29  TEU,  that  introduces  Title  VI  “Provisions  on  police  and  judicial  co-operation  in
criminal  matters”, stipulates inter  alia that without prejudice to the powers of the  European
Community,  the  Union’s  objective  shall  be  to  provide  citizens  with  a  high  level  of  safety
within  an  area  of  freedom,  security  and  justice  by  developing  common  action  among  the
Member States in the fields of police and judicial co-operation in criminal matters.

Article 47 TEU states that nothing in the Treaty on European Union shall affect the Treaties
establishing  the  European  Communities  or  the  subsequent  Treaties  and  Acts  modifying  or
supplementing them.

In the context of the common transport policy, provided for in Title V of the TEC, and more
particularly  in  the  interest  of  the  functioning  of  the  internal  market,  and  the  combating  of
fraud and illegal trade in stolen vehicles, close co-operation between Member States has been
established based on an effective exchange of information, which may involve the use of an
electronic network.

In  its  meeting  in  Tampere  of  15  and  16  October  1999,  the  European  Council  agreed  on  a
number  of  policy  orientations  and  priorities  to  speedily  make  the  area  of  freedom,  security
and justice a  reality. The Tampere  European  Council  inter  alia  emphasised  that  “maximum
benefit  should  be  derived  from  co-operation  between  Member  States’  authorities  when
investigating cross-border crime in any Member State”. 1

Article 100 in Title IV of the Convention of 1990 implementing the Schengen Agreement of
14  June  1985  on  the  gradual  abolition  of  checks  at  common  borders  (hereinafter:  “the
Schengen Convention”) which has been integrated into the framework of the European Union
pursuant to the Protocol annexed to the Treaty on European Union and the Treaty establishing
the European Community, allows authorities to insert data on motor vehicles which have been
stolen, misappropriated or lost, to the Schengen Information System (hereinafter referred to as
“SIS”). Pursuant to Article 101  of the Schengen  Convention,  access  to  SIS  data  is  reserved
exclusively  to  the  authorities  responsible  for  border  checks,  for  other  police  and  customs
checks  carried  out  within  the  country.  In  addition,  access  to  certain  data  is  given  to  the
authorities  responsible  for  issuing  visas,  examining  visa  applications,  issuing  residence

1

Paragraph 43 of the Presidency Conclusions.

2

                                                
permits and the administration of legislation on aliens in the context of the application of that
Convention.

The French presidency of 1999 initiated the examination of new functionalities that the users
of  the  SIS  deemed  necessary  to  make  it  better  meet  the  objectives  of  the  area  of  freedom,
security and justice. One of the functionalities that Member States identified was the need to
allow vehicle registration authorities access to the SIS, especially to the SIS data concerning
stolen,  misappropriated  or  lost  vehicles  and  trailers,  blank  official  documents  and  issued
identity  papers  (passports,  identity  cards,  driving  licences),  for  the  purposes  of  checking
whether vehicles presented to them for registration have not been stolen, misappropriated or
lost  and  that  persons  applying  to  become  holder  of  a  registration  certificate  are  not  using
identity or vehicle registration documents to that end which have been stolen, misappropriated
or lost.

The purpose  pursued  contributes  to  attaining  the  objectives  of  the  common  transport  policy
provided for in Title V TEC. The competence for putting forward a legislative proposal in this
field  lies  exclusively  with  the  Commission.  In  this  it  differs  from  the  initiatives  that  were
submitted by the 2002 Spanish presidency. These also aimed at amending the relevant articles
of the Schengen Convention but were taken on the basis of Title IV TEC and Title VI TEU,
which allow Member States to initiate legislation.

Of particular relevance here is the initiative of the Kingdom of Spain with a view to adopting
the Council Decision 2002/…/JHA concerning the introduction of some new functions for the
Schengen Information System, in particular in the fight against terrorism2 that was proposed
in May 2002 and is currently nearing the moment of adoption by the Council. Article 1(4) of
that initiative will modify Article 100(3) of the Schengen Convention, and add new categories
of data. The relevant part of the initiative as amended during the discussions in Council reads:

"3. The following categories of readily identifiable objects shall be entered:

a. motor vehicles with a cylinder capacity exceeding 50 cc, boats and aircraft which
have been stolen, misappropriated or lost;

b. trailers with an unladen weight exceeding 750 kg, caravans, industrial equipment,
outboard engines and containers which have been stolen, misappropriated or lost;

c. […];

d. blank official documents which have been stolen, misappropriated or lost;

e. issued identity papers such as passports, identity cards, driving licences, residence
permits  and  travel  documents  which  have  been  stolen,  misappropriated,  lost  or
invalidated;

f. vehicle registration certificates and vehicle number plates which have been stolen,
misappropriated, lost or invalidated;

g. […];

2

OJ C 160 , 4.7.2002, p. 7.

3

                                                
If  the  adoption  of  the  Spanish  legislative  initiative  precedes  this  Regulation,  Article  1  will
have to be modified to authorise access to data concerning vehicle registration certificates and
vehicle number plates, mentioned in Article 100 (3)(f) as amended by the Spanish initiative.
In its present form Article 1 relates to the current Article 100(3) (a), (b), (d) and (e).

If on the other hand the adoption of the Decision follows this Regulation, Article 102a(1) of
the Schengen Convention, which will be inserted by Article 1 of this Regulation, will have to
be amended to authorise access to data concerning vehicle registration certificates and vehicle
number plates.

2.

2.1

MEASURES ALREADY TAKEN

Council Directive 1999/37/EC

According to Council Directive 1999/37/EC of 29 April 1999 on the registration documents
for vehicles3, the  Member  States  shall issue  a registration  certificate for vehicles,  which  are
subject to registration under their national law (Article 3). These registration  certificates  are
mutually recognised by the Member States (Article 4).

Article  9  of  the  Directive  sets  out  the  possibility  for  the  Member  States  to  exchange
information on a vehicle’s legal status.

According  to  the  text  of  Article  9  “Member  States  shall  assist  one  another  in  the
implementation of this Directive. They may exchange information at bilateral or multilateral
level in particular so as to check, before any registration of a vehicle, the latter’s legal status,
where  necessary  in  the  Member  State  in  which  it  was  previously  registered.  Such  checking
may in particular involve the use of an electronic network.”

The  Directive  does  not  impose  an  obligation  to  consult,  but  merely  allows  registration
authorities  to  access  information  on  stolen  vehicles.  No  specific  mention  of  the  SIS  or  SIS
data  is  made,  it  only  sets  out  a  possibility  for  Member  States  to  act  unilaterally  or
multilaterally.

2.2

The Schengen Convention

The  Schengen  Convention  is  specific  about  the  authorities  that  have  access  to  the  SIS,  the
purpose  for  which  they  have  access  and  the  action  they  have  to  take  when  a  positive
identification has been made.

The following articles of the Schengen Convention are of relevance. Article 92(1), states the
purpose of access by national authorities to the SIS alerts. The purpose is either border checks
and other police and customs checks, or, as far as the category of third country nationals to be
refused entry (Article 96) is concerned, issuing visas, residence permits and the administration
of legislation on aliens.

Article 100(1) states that data on stolen, misappropriated, or lost vehicles and documents shall
be entered in the SIS for the purposes of seizure or use as evidence in criminal proceedings.

3

OJ L 138, 1.6.1999, p. 57.

4

                                                
Article 101(1) and (2) lists the authorities that have the right to directly access and search the
SIS data.

Article  102(4)  states  that  data  may  not  be  used  for  administrative  purposes.  It  provides
however for an exemption for the purposes of Article 101(2) in respect of data entered under
Article 96.

3.

3.1

OBJECTIVES AND FIELD OF APPLICATION

General objective

The 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.  In  concrete
terms, the  way  in  which  this  proposal  intends  to  achieve  this  objective  is  by  giving  vehicle
registration  authorities  of  the  Member  States  the  right  to  consult  certain  categories  of  data
contained in the SIS.

In doing so, they will have more and better possibilities to check whether vehicles presented
to  them  for  registration  have  not  been  stolen,  misappropriated  or  lost  and  whether  persons
applying for a registration certificate are not using identity or vehicle registration documents
to that end which have been stolen, misappropriated, lost or – in the future - invalidated. This
will serve the interest of the functioning of the internal market and the fight against fraud and
illegal trade in stolen vehicles.

3.2.

Specific objectives

The specific objectives of this proposal 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. By increasing the possibilities to detect fraud and
illegal trade in vehicles, Member States can be more confident that the certificates that have
been delivered cover vehicles that are traded legally and owners that have a proper ownership
title.

Article 2(b) of Council Directive 1999/37/EC of 29 April 1999 on the registration documents
for  vehicles,  states  that  “registration”  is  the  “administrative  authorisation  for  the  entry  into
service in road traffic of a vehicle, involving the identification of the latter and the issuing to
it of a serial number, to be known as the registration number.”

The  task  of  vehicle  registration  authorities  is  therefore  of  an  administrative  nature,  and  the
vehicle registration authorities do not pursue penal law objectives by consulting the relevant
data  categories  in  the  SIS.  This  is  without  prejudice  to  the  fact  that  a  vehicle  registration
authority that finds that a vehicle or a document that has been presented to it in the course of
the administrative process has been reported in the SIS may inform a police authority  about
this finding, without itself acting in the field of criminal law.

5

In the second place this proposal signifies a development of the Schengen acquis in the sense
of Council Decision 1999/436/EC4. It is a concrete contribution to a series of other initiatives
developing the Schengen acquis aiming at augmenting the functionalities of the SIS. This will
make the SIS an even more prominent instrument to fight crime and underpin the free travel
area. It will provide Member States with a better instrument to work towards the progressive
establishment of the area of freedom, security and justice.

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”.

3.3

Field of application

This proposal for a Regulation makes a distinction between direct access to the SIS by public
vehicle registration authorities and indirect access by private vehicle registration services that
are  in  charge  of  the  registration  and  re-registration  of  vehicles  in  some  Member  States.
Directive  1999/37/EC  does  not  make  a  distinction  between  public  and  private  vehicle
registration services.

The reason for this distinction is that the SIS is only accessible for certain public authorities
that are mentioned in article 101 of the Schengen Convention. Private parties have no access
to  SIS.  In  this  case,  this  is  not  necessary  either,  since  by  means  of  indirect  access  via  the
authorities  that  are  mentioned  in  Article  101,  the  private  vehicle  registration  services  can
perform their functions as laid down in Directive 1999/37/EC.

The proposal does explicitly not interfere with any provisions of national law of the Member
States  requiring  the  aforementioned  public  and  private  services  to  inform  police  or  judicial
authorities  about  facts  or  circumstances  they  may  have  found  in  connection  with  the
registration of a vehicle and which give rise to suspicion of a criminal offence. The attitude to
be  adopted  by  vehicle  registration  services  that  find  reason  for  suspicion  is  left  to  the
discretion of the national legislator.

4.

4.1

LEGAL BASIS

Choice of the legal basis

The  legal  basis  for  the  proposal  is  Article  71(1)(d)  TEC.  This  article  stipulates  that  for  the
purpose  of  implementing  the  common  transport  policy,  the  Council  shall  adopt  “any  other
appropriate provisions”, in accordance with the procedure referred to in article 251 TEC and
after consultation of the European Economic and Social Committee and the Committee of the
Regions. The access of vehicle registration services to the SIS is to be considered as such an
appropriate provision to further implement the common transport policy, more specifically by
allowing these authorities to check the status of a vehicle before registering it.

4

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.

6

                                                
The same legal basis was chosen for Council Directive 1999/37/EC of 29 April 1999 on the
registration documents for vehicles which, in Article 9, obliges Member States to assist each
other in the implementation of that Directive, and allows them to exchange information, for
instance by electronic networks.

According to Article 5(1) of the Protocol integrating the Schengen acquis into the framework
of the European Union, proposals and initiatives to build upon the Schengen acquis shall be
subject  to  the  relevant  provisions  of  the  Treaties,  even  if,  according  to  paragraph  2  of  the
same  article,  the  Council  has  not  adopted  the  measures  referred  to  in  Article  2(1),  second
subparagraph of  that Protocol.  This  is at  this moment the  case for  Articles 92 to  119 of the
Schengen  Convention.  The  choice  of  Article  71  TEC  as  a  legal  basis  for  this  proposal,
signifies that access to the SIS by vehicle registration authorities has a basis in the first pillar.

4.2

Choice of the legal instrument

The choice of a Regulation as the legal instrument is appropriate for the following reasons in
particular.

In  the  first  place,  the  proposal  is  not  about  approximating  Member  State  legislation,  which
would justify the use of a Directive, but about establishing in a uniform manner basic rules of
a common information system. In this particular case these rules concern the bodies that have
access to the data, the modality (direct/indirect) and the purpose of this access. Member States
should have no discretion as to these fundamental questions.

In  the  second  place,  the  subject  matter  of  the  proposal,  i.e.  direct  or  indirect  access  to  and
querying  of  SIS  by  certain  authorities,  does  not  give  any  discretion  to  Member  States.  The
margin for manoeuvre of Member States  resulting from  Article  92(2) Schengen Convention
will  not  be  restricted,  as  Member  States  will  be  responsible  for  providing  the  authorities
identified  in  the  Schengen  Convention  with  access  to  the  national  part  of  the  Schengen
Information System (N.SIS).

Finally,  amendments  on  the  basis  of  Art  66  TEC  have  been  presented  in  the  form  of  a
Regulation. Legal consistency means that a Regulation should also be chosen in this case.

For  these  reasons,  a  Regulation  is  the  most  appropriate  here.  The  Regulation  will  amend
provisions  of  the  Schengen  Convention  whereby  binding  rules  between  Member  States  are
altered. The intention is to set out that all public registration authorities have direct access to
SIS  data  on  vehicles,  and  authorities  which  are  not  governmental  authorities  in  Member
States, have indirect access to SIS data.

4.3

Legislative technique

One  possibility  for  implementing  this  proposal  might  have  been  to  amend  Articles  92(1),
100(1), 101(1) and (2), 102(1), (4) and (5) of the Schengen Convention. However, since this
proposal is the only one that is based on Article 71 TEC, a very complex legal situation would
be created when opting for an amendment of the articles themselves. A future amendment of
Article  101,  for  instance,  could  need  three  different  legal  instruments:  on  the  basis  of
Article 66  TEC  (first  pillar,  national  administrations’  co-operation  in  the  field  of  Title  IV
TEC), Articles 30, 31 and 34 TEU (third pillar, law enforcement co-operation) and Article 71
TEC.

7

To  avoid  this  intricate  situation,  the  proposal  that  is  herewith  presented  inserts  a  new
article 102a into the Schengen Convention, which contains an internal reference to the other
relevant articles. Because of this technique, all rules concerning the access to SIS by vehicle
registration authorities are included in a single article that is an integral part of the Schengen
Convention.  This  has  the  advantage  of  being  transparent,  since  a  future  amendment  of  this
article must and can only be based on Article 71 TEC.

5.

POSITION OF NORWAY AND ICELAND

With regard to the position of Norway and Iceland, Article 1 point G of the Council Decision
1999/437/EC of 17 May 1999 on certain arrangements for the application of the  Agreement
concluded  by  the  Council  of  the  European  Union  and  the  Republic  of  Iceland  and  the
Kingdom of Norway concerning the association of those two States with the implementation,
application and development of the Schengen acquis5, determines that the SIS, including the
relevant provisions on protection and security of data, the provisions on the operation of the
national sections of the SIS and the exchange of information between those national sections
(SIRENE  system),  and  the  effect  of  the  alerts  in  the  SIS  for  persons  wanted  for  arrest  for
extradition purposes, is one of the areas of the Schengen acquis in which these two countries
will participate. Notwithstanding its double legal basis, it would be inconceivable to exclude
Norway and Iceland from one of the aspects of the development of the SIS that is after all a
single  information and query system.  Hence,  Norway  and  Iceland  are  fully  associated  to  its
development, including the access of vehicle registration authorities.

6.

FINANCIAL CONSEQUENCES

The Regulation will be directly applicable in its entirety in all Member States and in Norway
and Iceland.

These  States  must  create  a  connection  between  the  national  vehicle  registration  authorities
and the national part of the Schengen Information System (N.SIS) adding the necessary filters
to  block  access  to  other  data  (for  public  vehicle  registration  authorities),  or  set  up  a  link
between  the  private  vehicle  registration  service  and  the  public  authority  appointed  to  liase
with the former. To allow Member States sufficient time to take the necessary implementing
measures,  both  technical  and  organisational,  a  period  of  six  months  (180  days)  is  foreseen
between the moment of the publication of the Regulation and its actual entry into force.

As a result, this Regulation will have no financial consequences for the Community.

5

OJ L 176, 10.7.1999, p. 31

8

                                                
7.

7.1

THE ARTICLES

Article 1

Article  1  introduces  a  new  Article  102  a  based  on  Article  71(1)(d)  into  the  Schengen
Convention. This new article gives public vehicle registration authorities the right to directly
access  SIS  and  query  on  data  that  are  relevant  for  checking  the  status  of  a  vehicle  or  the
documents  that  a  person  who  wants  to  register  a  vehicle  presents  to  these  authorities.
Paragraph 2 allows indirect access, through a public authority, for other registration services
than  governmental  authorities.  Access  is  granted  to  these  non-governmental  licensing
authorities only through  the  governmental authorities  that are  entitled to  directly  access and
query  on  the  basis  of  Article  101  of  the  Schengen  Convention.  This  provision  also  ensures
stricter  data  protection  regime  whereby  access  is  through  the  intermediary  of  governmental
authorities  and  Member  States  are  obliged  to  ensure  that  provisions  on  data  protection  are
applied in these cases when access is granted.

The Regulation links up with Directive 1999/37/EC on the registration documents for vehicles
which  determines  the  scope  and  purpose  of  action  of  the  services  responsible  for  issuing
registration  certificates  that  are  the  beneficiaries  of  this  proposal  for  a  Regulation.  The
Regulation  creates  an  obligation  for  Member  States  to  create  the  necessary  technical
infrastructure  to  allow  to  governmental  registration  authorities  direct  access  to  SIS.  The
Regulation does not set out specific rules on co-operation between national law enforcement
authorities and those responsible for vehicle  registration.  This  is to be  governed  by national
law  under  paragraph  3.  Furthermore  paragraph  3  entails  that  national  law  governs  the  rules
regarding use of those SIS data that are of relevance to vehicle registration authorities for the
purpose of prevention of trafficking and fraud to implement Directive 1999/37/EC. This new
possibility  of  consulting  the  SIS  should  not  lead  to  undue  delays  in  the  process  of  vehicle
registration.

7.2

Article 2

The second article sets out the rules for the entry into force of the Regulation. A period of six
months is foreseen between the  moment  of publication and  the moment the  Regulation will
apply. During that period Member States will prepare the implementation of the Regulation
and  take  the  relevant  technical  and  operational  measures  to  give  vehicle  registration
authorities direct or, where applicable, indirect access to the SIS.

9

2003/0198 (COD)

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 71(1)(d) thereof,

Having regard to the proposal from the Commission6,

Having regard to the opinion of the European Economic and Social Committee7,

Having regard to the opinion of the Committee of the Regions8,

Acting in accordance with the procedure laid down in Article 251 of the Treaty9,

Whereas:

(1)

(2)

Article  9  of  Council  Directive  1999/37/EC  of  29  April  1999  on  the  registration
documents for vehicles10 provides that Member States are to assist one another in the
implementation  of  that  Directive  and  may  exchange  information  at  bilateral  or
multilateral level in particular so as to check, before any registration of a vehicle, the
latter's legal status, where necessary in the Member State  in which  it  was previously
registered. Such checking may in particular involve the use of an electronic network.

The  Schengen  Information  System  (hereinafter  "SIS"),  set  up  under  Tit1e  IV  of  the
Convention  of  1990  implementing  the  Schengen  Agreement  of  14  June  1985  on  the
gradual  abolition  of  checks  at  common  borders11  (hereinafter  "the  1990  Schengen
Convention"),  and  integrated  into  the  framework  of  the  European  Union  pursuant  to
the Protocol annexed to the Treaty on European Union and the Treaty establishing the
European Community,, constitutes an electronic network between the Member States
and contains inter alia data on motor vehicles with a cylinder capacity exceeding 50 cc
which have been stolen, misappropriated or lost.

6

7

8

9

10

11

OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ C …, …, p. …
OJ L 138, 1.6.1999, p. 57.
OJ L 239, 22.9.2000, p. 19.

10

                                                
(3)

(4)

(5)

(6)

(7)

(8)

(9)

Pursuant  to  Article  100(1)  of  the  1990  Schengen  Convention,  data  on  such  objects
sought  for  the  purposes  of  seizure  or  use  as  evidence  in  criminal  proceedings  are
entered in the SIS.

Article 101(1) of the 1990 Schengen Convention states that access to data entered in
the  SIS  and  the  right  to  search  such  data  directly  is  reserved  exclusively  to  the
authorities responsible for border checks and other police and customs checks carried
out within the country, and the co-ordination of such checks.

Article 102(4) of the 1990 Schengen Convention specifies that data may in principle
not be used for administrative purposes.

Authorities  or  services  responsible  in  the  Member  States  for  issuing  registration
certificates for vehicles should have access to these data, as well as to data included in
the  SIS  pertaining  to  blank  or  issued  registration  or  identity  documents  which  have
been  stolen,  misappropriated  or  lost  insofar  as  they  require  these  data  for  the
performance of their tasks.

To  that  end  it  is  necessary  to  adopt  rules  granting  access  for  these  authorities  and
services  to  those  data,  and  to  allow  them  to  use  those  data  for  the  administrative
purposes of properly issuing vehicle registration certificates.

To  the  extent  that  services  in  the  Member  States  responsible  for  issuing  registration
certificates  for  vehicles  are  not  government  services,  such  access  should  be  granted
indirectly,  that  is  to  say  through  the  intermediary  of  an  authority  mentioned  in
Article 101(1) of the 1990 Schengen Convention, responsible for ensuring compliance
with the measures taken by these Member States pursuant to Article 118 of the 1990
Schengen Convention.

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995
on the protection of individuals with regard to the processing of personal data and on
the  free  movement  of  such  data12  as  well  as  specific  rules  on  data  protection  in  the
1990 Schengen Convention which supplement or clarify the principles set out in that
Directive apply to the processing of personal data by the authorities or services in the
Member States responsible for issuing registration certificates for vehicles.

(10)

The objective of the proposed action, namely granting access to the SIS for services in
the Member States responsible for issuing registration certificates, in order to facilitate
their tasks under Directive 1999/37/EC, can only be achieved at Community level by
reason  of  the  very  nature  of  the  SIS  as  a  joint  information  system.  Action  by  the
Member States individually could not achieve such an objective. This Regulation does
not go beyond what is necessary to achieve that objective.

(11) Member  States  should  have  a  sufficient  period  within  which  to  take  the  practical

measures necessary to apply this Regulation.

12

OJ L 281, 23.11.1995, p. 31.

11

                                                
(12) As  regards  Iceland  and  Norway,  this  Regulation  constitutes  a  development  of
provisions of the Schengen acquis which fall within the area referred to in Article 1,
point  G  of  Council  Decision  1999/437/EC  of  17  May  1999  on  certain  arrangements
for the application of the Agreement concluded by the Council of the European Union
and the Republic of Iceland and the Kingdom of Norway concerning the association of
those  two  States  with  the  implementation,  application  and  development  of  the
Schengen acquis13.

(13)

This Regulation respects the fundamental rights and observes the principles recognised
in particular by the Charter of Fundamental Rights of the European Union,

HAVE ADOPTED THIS REGULATION:

Article 1

The following Article 102a is inserted in Tit1e IV of the 1990 Schengen Convention:

“Article 102a

1.

Notwithstanding  Articles  92(1),  100(1),  101(1)  and  (2),  102  (1),  (4)  and  (5),  the
services  in  the  Member  States  responsible  for  issuing  registration  certificates  for
vehicles  as  referred  to  in  Council  Directive  1999/37/EC  of  29  April  1999  on  the
registration  documents  for  vehicles,  shall  have  the  right  to  have  access  to  the
following  data  entered  into  the  Schengen  Information  System  for  the  purposes  of
checking  whether  vehicles  presented  to  them  for  registration  have  not  been  stolen,
misappropriated or lost and that persons applying for a registration certificate are not
using identity documents to that end which have been stolen, misappropriated or lost:

(a)

data concerning motor vehicles with a cylinder capacity exceeding 50 cc;

(b)

data  concerning  trailers  and  caravans  with  an  unladen  weight  exceeding
750 kg;

(c)

data concerning blank official documents;

(d)

data concerning issued identity papers.

Subject to paragraph 2, the national law of each Member State shall govern access to
those data by those services.

13

OJ L 176, 10.7.1999, p. 31.

12

                                                
2.

3.

Services referred to in paragraph 1 that are government services shall be entitled to
directly  search  the  data  entered  in  the  Schengen  Information  System  referred  to  in
that paragraph.

Services referred to in paragraph 1 that are not government services shall have access
to data entered in the Schengen Information System referred to in that paragraph only
through the intermediary of an authority referred to in Article 101(1). That authority
shall be entitled to directly search the data. The Member State concerned shall ensure
that  the  service  and  its  employees  are  obliged  to  respect  any  limitations  on  the
permissible use of data conveyed to them by the public authority.

Article 100(2) shall not apply to a search made in accordance with the provisions of
this Article. The communication by services referred to in paragraph 1 to the police
or  judicial  authorities  of  information  brought  to  light  by  a  search  of  the  Schengen
Information  System  which  gives  rise  to  suspicion  of  a  criminal  offence  shall  be
governed by national law.

Article 2

The Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

It shall apply from [six months from its publication date].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

13