2004/919/EC: Council Decision of 22 December 2004 on tackling vehicle crime with cross-border implications
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: EU Member State, cooperation policy, fight against crime, motor vehicle, theft

L 389/28

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Official Journal of the European Union

30.12.2004

COUNCIL DECISION

of 22 December 2004

on tackling vehicle crime with cross-border implications

(2004/919/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(8)

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
therlands,

the Kingdom of

the Ne-

Having regard to the Opinion of the European Parliament,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

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

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

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.

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.

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.

The Council has adopted a Resolution of 27 May 1999
on combating international crime with fuller cover of the
routes used (1).

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

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

Tackling vehicle crime is a matter for the law enfor-
the Member States. However, a
cement agencies of
common approach involving — wherever practicable
and necessary — cooperation between the Member
States and law enforcement authorities of the Member
States is necessary and proportional in order to address
the cross-border aspects of this form of crime.

Cooperation between law enforcement authorities and
vehicle registration authorities is of particular importance,
as is the provision of information to the relevant parties.

Cooperation with Europol
as
Europol can provide analyses and reports on the matter.

equally important

is

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

information and expertise. Via

consulting

(9)

(10)

(11)

(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

Definitions

For the purposes of this Decision,
apply:

the following definitions

1.

2.

‘Vehicle’ shall mean any motor vehicle, trailer or caravan as
defined in the provisions relating to the Schengen Infor-
mation System (SIS).

‘National competent authorities’ shall mean any national
authorities designated by the Member States
the
purposes of this Decision, and may include, as appropriate,
police, customs, border guards and judicial authorities.

for

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Article 2

Objective

The objective of

1.
this Decision is to achieve improved
cooperation within the European Union with the aim of
preventing and combating cross-border vehicle crime.

shall authorise the contact points

to
2. Member States
exchange experience, expertise as well as general and technical
information concerning vehicle crime on the basis of existing
applicable legislation.
Information exchange shall extend to
methods and best practices of prevention of vehicle crime.
Such exchanges shall not include exchanges of personal data.

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

Information concerning the designated national contact
3.
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 3

Cooperation between national competent authorities

Article 6

shall

States

1. Member
in
take
accordance with national law, to enhance mutual cooperation
between national competent authorities in order to combat
cross-border vehicle crime, such as by means of cooperation
agreements.

the necessary

steps,

2.
Specific attention shall be given to cooperation with
respect to export control, taking into account respective compe-
tences in the Member States.

Article 4

Cooperation between competent authorities
and the private sector

as

consultations,

1. Member States shall take the necessary steps to organise
periodic
national
law, and
competent authorities,
(such as
may involve representatives of
insurers and
holders of private registers of missing vehicles,
the car trade) in such consultations with a view to coordination
of information and mutual alignment of activities in this area.

among
appropriate,
in accordance with national
the private sector

Issuing alerts for stolen vehicles and registration certi-
ficates

1. Whenever a vehicle is reported stolen, Member States'
competent authorities shall immediately enter a stolen vehicle
alert in the SIS,
law, and, where
in accordance with national
possible, in Interpol's Stolen Motor Vehicle database.

2.
An alert in the search register shall, in accordance with
national law, 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.

3. Whenever
Member States' competent authorities shall
an alert thereon in the SIS,

registration certificates are reported stolen,
immediately enter
law.

in accordance with national

2. Member States shall facilitate procedures,
in accordance
with national law, for a quick repatriation of vehicles released
by national competent authorities following their seizure.

1.
Each Member State shall ensure that its competent autho-
rities shall take the necessary steps to prevent abuse and theft of
vehicle registration documents.

Article 7

Registration

Article 5

Vehicle crime contact points

1.
By 30 March 2005, Member States shall designate, within
their law enforcement authorities, a contact point for tackling
cross-border vehicle crime.

The national vehicle registration authorities

2.
shall be
informed by law enforcement authorities whether a vehicle,
that is in the process of being registered, is known as having
been stolen. Access to databases to that end shall take place
with due respect to provisions of Community law.

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Article 8

Preventing abuse of vehicle registration certificates

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

A registration certificate shall also be recovered,

in
2.
law, where, during a check by the
accordance with national
law enforcement agency,
it is suspected that there has been
an infringement concerning the vehicle's identity markings,
such as the vehicle identification number.

3.
Registration certificates shall be returned only following
examination and positive verification of the vehicle's identity,
and in accordance with national law.

Article 9

Europol

Each Member State shall ensure that its law enforcement autho-
rities keep Europol informed on vehicle crime perpetrators as
necessary, within the scope of that mandate and tasks.

Article 10

Promotion of expertise and training

Member States shall take the necessary steps to ensure that
national institutes responsible for the training of relevant law
enforcement authorities promote in their curricula, where
appropriate in cooperation with the European Police College,

specialist training in the field of vehicle crime prevention and
detection. Such training may include input from Europol,
in
accordance with its sphere of competence.

Article 11

Meeting of contact points and annual report to the Council

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

Article 12

Evaluation

The Council shall evaluate the implementation of this Decision
by 30 December 2007.

Article 13

Entry into effect

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

For
the
those Member States in which the provisions of
Schengen acquis relating to the SIS have not yet been put
into effect, the obligations of this Decision relating to the SIS
shall take effect on the date on which those provisions start
applying, as specified in a Council Decision adopted to that
effect in accordance with the applicable procedures.

Done at Brussels, 22 December 2004

For the Council
The President

C. VEERMAN