Opinion of the European Economic and Social Committee on the  Proposal for a Regulation of the European Parliament and of the Council regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (COM(2005) 237 final — 2005/0104 (COD))
Date: 2005-12-14
Institutions: European Economic and Social Committee
Subjects: ESC opinion, EU Member State, Schengen Information System, access to information, fight against crime, public service, theft, vehicle registration

17.3.2006

EN

Official Journal of the European Union

C 65/27

Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the
European Parliament and of the Council regarding access to the Second Generation Schengen
Information System (SIS II) by the services in the Member States responsible for issuing vehicle
registration certificates’

(COM(2005) 237 final — 2005/0104 (COD))

(2006/C 65/04)

On 16 September 2005 the Council decided to consult the European Economic and Social Committee,
under Article 95 of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for the Single Market, Production and Consumption, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 20 October 2005. The rapporteur was
Mr Ranocchiari.

At its 422nd plenary session, held on 14 and 15 December 2005 (meeting of 14 December), the European
Economic and Social Committee adopted the following opinion nem. con. with 123 votes in favour and
two abstentions.

1. Introduction

1.1
The Schengen Convention, which is designed to permit
the free movement of people and goods, was signed in 1990
and became operational
in 1995. The Schengen Convention
stipulates which authorities have access to the Schengen Infor-
mation System (SIS) and the purposes for which such data may
be used. This first text of the Convention did not allow vehicle
registration authorities to access the SIS.

On 21 August 2003,

the Commission submitted a
1.2
Proposal for a Regulation amending the Convention imple-
menting the Schengen Agreement as regards access to the
Schengen Information System (SIS) by the services in the
Member States responsible for issuing registration certificates
for vehicles (1). The aim was to allow access to SIS data on
stolen vehicles and trailers, stolen blank official documents and
issued identity papers
identity cards, driving
(passports,
licences)
the purposes of checking whether vehicles
for
presented for a second registration have been stolen, misappro-
priated or lost and also whether persons applying for a registra-
tion certificate are using stolen identity or vehicle registration
documents to this end.

1.3
The European Economic and Social Committee issued
its opinion on the proposal on 25 February 2004 (2). The EESC
agreed with the Commission that access to the SIS should be
broadened to include national authorities
responsible for
issuing and checking vehicle registration certificates. The EESC
was also pleased that the proposal, taking into account the fact
that various Member States have private services responsible
for vehicle registration, suggested that these private services
might obtain the information necessary to carry out their work
properly, indirectly through one of the public authorities with
access to the SIS, provided that data protection was guaranteed.

Subsequently, and after enlargement,

1.4
it became clear
that the development of a second generation of SIS (i.e. SIS II)
was essential so that the new Member States could connect to
the system and the Schengen area could be extended to the
territory of these Member States.

1.5
Given that the SIS II needs an appropriate legal frame-
work and the different policy areas involved, the European
Commission had to table three proposals: the first one relates

to the free movement of persons, the second to police and judi-
cial cooperation in criminal matters while the third one
complements the other two proposals and aims at providing
vehicle registration authorities with access to the SIS II.

The EESC is now being consulted on this third proposal,
1.6
which represents a necessary follow- up to the previous, above-
mentioned Regulation (3), which was recently adopted by the
Council on 6 July 2005.

2. General comments

tabled in August 2003,

the second generation of

2.1
The Commission's new proposal is intended to ensure
consistency with the new legal instruments for the establish-
the
ment, operation and use of
Schengen Information System (SIS II). The Commission states
that the main objective of the current proposal is the same as
that
to reinforce cooperation
between Member States, based on an effective exchange of
information to combat fraud and illegal trade in stolen vehicles.
The Commission further notes that the purpose is to guarantee
that the services responsible for issuing registration certificates
for vehicles shall have access to the same SIS data under the
new legal framework for SIS II as they have had since June
2005, when the 2003 proposed Regulation entered into force.

i.e.

2.2
The issue is still important since some 1,3 million vehi-
cles are currently stolen each year in the European Union and
approximately 500.000 vehicles disappear for good (4). Vehicle
crimes are also related to other crimes such as trafficking,
smuggling and terrorism (car bombing).

2.3
The EESC reiterates its agreement with the Commission
that access to the SIS II should be broadened to include
national authorities responsible for issuing and checking the
above-mentioned documents
In addition,
(see point 1.2).
private services
responsible for vehicle registration should
obtain information indirectly through one of the public autho-
rities with access to the SIS II, provided that data protection is
guaranteed. It is especially important to secure mechanisms for
restricting access to other information in the system, which is
reserved for the authorities specified in Article 101 of the
Schengen Convention.

(1) COM(2003) 510 final – 2003/0198 (COD).
(2) OJ C 110 of 30.4.2004.

(3) See footnote 1.
(4) Source: Statistics from Europol, The Hague, 27 June 2005.

C 65/28

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Official Journal of the European Union

17.3.2006

later called Vehicle Identification, Research and Analysis, VIRA 17).
The aim of this project was to bring together all information
on cars in one database, information provided by the vehicle
if the car was reported stolen,
identification number (VIN)
registered, exported or imported, manufactured or scrapped.
Such a database forms a basis for cooperation between law
enforcement authorities, registration authorities, custom autho-
rities, car manufactures and insurance business.

3.4
As regards the present proposal, the EESC also wishes to
point out that there are generally few possibilities to examine a
vehicle physically in order to establish its identity and find out
whether it has been reported stolen. In many countries the
registration of a vehicle is combined with an inspection. Thus
when a vehicle is being registered an opportunity arises to
check whether it has been stolen. It is therefore important to
provide the registration authorities with this means of detecting
stolen, misappropriated or lost vehicles.

3.5
As was noted in point 3.2 above, there is a need for
greater cooperation in order to combat vehicle crimes. Another
opportunity to examine a vehicle physically arises when the
vehicle is exported or imported. The EESC recommends that
the customs authorities should check in the same SIS II data as
the registration authorities, both when a vehicle is imported or
exported.

3.6 When checking a vehicle to determine whether it has
been reported stolen or not, it must also be possible to estab-
lish the identity of the vehicle. The identity of a vehicle is often
established by its vehicle identification number (VIN). It is not
unusual that a stolen vehicle's identity has been falsified or
cloned. The EESC points out that it is important in the future
to increase the possibilities of identifying a vehicle. Proposals
such as electronic vehicle identification (EVI) or better spare
parts marking must be closely examined and evaluated.

3.7
Finally, the EESC suggests a further step to be done in
the nearest future in order to extend the scope of this regu-
lation. As a matter of fact the present Commission proposal,
aiming at checking whether vehicles have been stolen, misap-
propriated or lost should be combined with the possibility to
repatriate vehicles. This possibility varies considerably between
the Member States and depends on the countries' different
bona fide provisions. In some countries it is possible to obtain
ownership of a stolen vehicle when the vehicle has been
received in good faith, while in others it is not. In addition, the
possibilities of repatriating vehicles which have been found to
be stolen must be explored and evaluated in the future.

The President

of the European Economic and Social Committee

Anne-Marie SIGMUND

2.4
The general comments and other comments that the
EESC set out in the opinion of 25 February 2004 should still
be considered. Some comments can be restated. For instance,
the EESC thinks that the proposal would enhance security and
speed up justice procedures. It will also act as an incentive to
the Member States to allow more free movement of vehicles
within the Union. However, it is important that the proposal
be compatible with Member States' domestic rules and regula-
tions. It is also important to give access to Member States
which are not signatories to the Schengen Convention and to
increase cooperation with Interpol and Europol
in order to
combat traffic in stolen or misappropriated vehicles outside
countries which have access to the SIS II. The EESC also points
out the importance of compiling, processing and publishing
statistical data on this type of crime in order to enhance the
approach to tackling it.

3. Special comments

is well

The Commission proposal

3.1
in line with the
Council Decision of 22 December 2004 on tackling vehicle
crime with cross-border implications (2004/919/EC) (5). The
‘cooperation between law enforcement
Decision states that
authorities and vehicle registration authorities is of particular
importance, as is the provision of information to the relevant
parties’. Article 7 of
the national
vehicle registration authorities shall be informed by the law
is in the
enforcement authorities whether a vehicle,
process of being registered, is known as having been stolen and
that access to databases to that end shall take place with due
respect to provisions of Community law. The EESC is pleased
that the thoughts set out in the Council Decision are now
incorporated in the Commission proposal.

the Decision states that

that

3.2
Although the Commission proposal only concerns
access by the registration authorities to certain information
within the SIS II,
the EESC would underline the need for
greater cooperation in order to combat vehicle crimes. As
stated in Article 4 of the Council Decision ‘the Member States
shall take necessary steps to organise periodic consultations, as
appropriate, among national competent authorities, in accord-
ance with national law and may involve representatives of the
private sectors (such as holders of private registers of missing
vehicles, insurers and the car trade) in such consultations with
a view to coordination of information and mutual alignment of
activities in this area’. The EESC thinks that the Commission
must take such ideas into consideration in future work to
combat vehicle crimes.

3.3
As an example of these ideas, the EESC would mention
Interpol's earlier project Stop Register Stolen Cars (StoreSto Car,

Brussels, 14 December 2005.

(5) OJ L 389 of 30.12.2004.