European Parliament legislative resolution 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 registration certificates for vehicles (COM(2005)0237 - C6-0175/2005 - 2005/0104(COD))
Date: 2006-10-25
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU Member State, Schengen Agreement, Schengen Information System, access to information, public service, vehicle registration

20.12.2006

EN

Official Journal of the European Union

C 313 E/229

Wednesday 25 October 2006

2.
It shall apply to the Member States participating in SIS 1+ from dates to be fixed by the Council,
acting by the unanimity of its Members representing the governments of the Member States participating in
SIS 1+.

3.

The dates referred to in paragraph 2 shall be fixed after:

(a)

the necessary implementing measures have been adopted;

(b) all Member States fully participating in SIS 1+ have notified the Commission that they have made the
necessary technical and legal arrangements to process SIS II data and exchange supplementary informa-
tion;

(c)

the Commission has declared the successful completion of a comprehensive test of SIS II, which shall
be conducted by the Commission together with the Member States, and the preparatory bodies of the
Council have validated the proposed test result and confirmed that the level of performance of SIS II is
at least equivalent to that achieved with SIS 1+;

(d)

the Commission has made the necessary technical arrangements for allowing Central SIS II to be con-
nected to the N.SIS II of the Member States concerned.

The Commission shall inform the European Parliament of the results of the tests carried out in accor-

4.
dance with paragraph 3(c).

Any Decision of the Council taken in accordance with paragraph 2 shall be published in the Official

5.
Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance
with the Treaty establishing the European Community.

Done at …, on …

For the European Parliament
The President

For the Council
The President

P6_TA(2006)0446

Access to SIS II by the services responsible for issuing vehicle registration
certificates ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment 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 registration certificates for
vehicles (COM(2005)0237 — C6-0175/2005 — 2005/0104(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2005)

0237) (1),

— having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0175/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0354/2006),

(1) Not yet published in OJ.

C 313 E/230

Official Journal of the European Union

EN

20.12.2006

Wednesday 25 October 2006

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

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

P6_TC1-COD(2005)0104

Position of the European Parliament adopted at first reading on 25 October 2006 with a view to
the adoption of Regulation (EC) No …/2006 of the European Parliament and 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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 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)

(2)

(3)

(4)

Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (3) pro-
vides 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 regis-
tration of a vehicle, the latter's legal status in the Member State in which it was previously registered.
Such checking may involve the use of an electronic network.

Regulation (EC) No …/2006 of the European Parliament and of the Council of … and Council
Decision 2006/…/JHA of … on the establishment, operation and use of the second generation of
the Schengen Information System (SIS II) (4) constitute the legislative basis for governing SIS II, which
constitutes a shared database between Member States containing, inter alia, data on motor vehicles
with a cylinder capacity exceeding 50 cc, data on trailers with an unladen weight exceeding 750 kg
and caravans and data on vehicle registration certificates and vehicle number plates which have been
stolen, misappropriated, lost or invalidated.

Regulation (EC) No …/2006 and Decision 2006/…/JHA replace Articles 92 to 119 of the Conven-
tion of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the govern-
ments of the States of the Benelux economic union, the Federal Republic of Germany and the French
Republic on the gradual abolition of checks at their common borders (5) (‘the Schengen Convention’)
with the exception of Article 102a thereof. That Article concerns access to the Schengen Information
System by the authorities and services in the Member States responsible for issuing registration
certificates for vehicles.

It is now necessary to adopt a third instrument, based on Title V of the Treaty and complementing
Regulation (EC) No …/2006 and Decision 2006/…/JHA in order to allow access to SIS II by the
services in the Member States responsible for issuing registration certificates for vehicles, and to
replace Article 102a of the Schengen Convention.

(1) OJ C 65, 17.3.2006, p. 27.
(2) Position of the European Parliament of 25 October 2006.
(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 …
(5) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 (OJ L 191, 22.7.2005,

p. 18).