European Parliament legislative resolution on the Council common position for adopting 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 (14238/1/2004 - C6-0007/2005 - 2003/0198(COD))
Date: 2005-04-28
Institutions: European Parliament
Subjects: Schengen Agreement, Schengen Information System, border control, internal border of the EU, vehicle registration

C 45 E/70

Official Journal of the European Union

EN

23.2.2006

Thursday 28 April 2005

P6_TA(2005)0143

Protocol
persons ***

to the Agreement with Switzerland on the free movement of

European Parliament legislative resolution on the proposal for a Council decision on the conclusion,
on behalf of the European Community and its Member States, of a Protocol to the Agreement
between the European Community and its Member States, of the one part, and the Swiss Confeder-
ation, of the other, on the free movement of persons, regarding the participation, as contracting
parties, of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of
Poland, the Republic of Slovenia and the Slovak Republic, pursuant to their accession to the Euro-
pean Union (12585/2004 — COM(2004)0596 — C6-0247/2004 — 2004/0201(AVC))

(Assent procedure)

The European Parliament,

— having regard to the proposal for a Council decision (COM(2004)0596) (1),

— having regard to the protocol to the agreement between the European Community and the Swiss Con-

federation (12585/2004) (1),

— having regard to the request for assent submitted by the Council pursuant to Article 300(3), second
subparagraph, in conjunction with Article 300(2), first subparagraph, second sentence and Article 310
of the EC Treaty (C6-0247/2004),

— having regard to Rules 75 and 83(7) of its Rules of Procedure,

— having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs

(A6-0058/2005),

1.

Gives its assent to conclusion of the protocol;

Instructs its President to forward its position to the Council and Commission, and the governments

2.
and parliaments of the Member States and the Swiss Confederation.

(1) Not yet published in OJ.

P6_TA(2005)0144

Schengen Information System — access for vehicle registration services ***II

European Parliament legislative resolution on the Council common position for adopting a regu-
lation 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 respon-
sible for issuing registration certificates for vehicles (14238/1/2004 — C6-0007/2005 — 2003/0198
(COD))

(Codecision procedure: second reading)

The European Parliament,

— having regard to the Council common position (14238/1/2004 — C6-0007/2005) (1),

— having regard to its position at first reading (2) on the Commission proposal to Parliament and the

Council (COM(2003)0510) (1),

(1) Not yet published in OJ.
(2) OJ C 103 E, 29.4.2004, p. 794.

23.2.2006

EN

Official Journal of the European Union

C 45 E/71

Thursday 28 April 2005

— having regard to Article 251(2) of the EC Treaty,

— having regard to Rule 62 of its Rules of Procedure,

— having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice

and Home Affairs (A6-0084/2005),

1.

2.

Approves the common position as amended;

Instructs its President to forward its position to the Council and Commission.

P6_TC2-COD(2003)0198

Position of the European Parliament adopted at second reading on 28 April 2005 with a view to
the adoption of Regulation (EC) No …/2005 of the European Parliament and of the Council amend-
ing the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual abol-
ition 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 Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Article 9 of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for
vehicles (3) provides that Member States are to assist one another in the implementation of that Direc-
tive 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.

(2)

The Schengen Information System (or the ‘SIS’), set up under Title IV of the Convention of 1990
implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at com-
mon borders (4) (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 to 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. Pursuant to Article 100 of the 1990 Schengen Convention, data
on such motor vehicles sought for the purposes of seizure or use as evidence in criminal proceedings
are entered in the SIS.

(3)

Council Decision 2004/919/EC of 22 December 2004 on tackling vehicle crime with cross-border
implications (5) includes the use of the SIS as an integral part of the law enforcement strategy against
vehicle crime.

(1) OJ C 110, 30.4.2004, p. 1.
(2) Position of the European Parliament of 1 April 2004 (OJ C 103 E, 29.4.2004, p. 794), Council Common Position of
22 December 2004 (not yet published in the Official Journal) and Position of the European Parliament of 28 April 2005.
(3) OJ L 138, 1.6.1999, p. 57. Directive as last amended by Commission Directive 2003/127/EC (OJ L 10, 16.1.2004,

p. 29).

(4) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Council Regulation (EC) No 871/2004 (OJ L 162,

30.4.2004, p. 29).

(5) OJ L 389, 30.12.2004, p. 28.