Regulation (EC) No 1986/2006 of the European Parliament and of the Council of 20 December 2006 regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates
Date: 2006-12-20
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, Schengen Information System, access to information, public service, service, vehicle registration

28.12.2006

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

REGULATION (EC) No 1986/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 December 2006

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 EURO-
PEAN UNION,

(2)

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Regulation (EC) No 1987/2006 of the European Parlia-
ment and of the Council of 20 December 2006 and Coun-
cil Decision 2006/000/JHA of … on the establishment,
operation and use of the second generation of the Schen-
gen Information System (SIS II) (4)
(5) constitute the leg-
islative 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 regis-
tration certificates and vehicle number plates which have
been stolen, misappropriated, lost or invalidated.

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

(3)

After consulting the Committee of the Regions,

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

Whereas:

(1)

Council Directive 1999/37/EC of 29 April 1999 on the
registration documents for vehicles (3) provides that Mem-
ber States are to assist one another in the implementation
of that Directive and may exchange information at bilat-
eral or multilateral level, in particular, so as to check,
before any registration 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.

(1) OJ C 65, 17.3.2006, p. 27.
(2) Opinion of the European Parliament of 25 October 2006 (not yet
published in the Official Journal) and Council Decision of 19 Decem-
ber 2006 (not yet published in the Official Journal).

(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).

(EC) No

1987/2006

Regulation
and Decision
2006/000/JHA replace Articles 92 to 119 of the Conven-
tion of 19 June 1990 implementing the Schengen Agree-
ment of 14 June 1985 between the governments 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 (6)
(‘the Schengen Convention’) with the exception of
Article 102a thereof. That Article concerns access to the
Schengen Information System by the authorities and ser-
vices in the Member States responsible for issuing regis-
tration certificates for vehicles.

It is now necessary to adopt a third instrument, based on
Title V of the Treaty and complementing Regulation (EC)
No 1987/2006 and Decision 2006/000/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.

Alerts on objects, including motor vehicles, are entered
in SIS II for the purposes of seizure or use as evidence
in
to Decision
2006/000/JHA.

proceedings,

pursuant

criminal

(4)

(5)

(4) See page 4 of this Official Journal.
(5) See page 99 of this Official Journal.
(6) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regula-

tion (EC) No 1160/2005 (OJ L 191, 22.7.2005, p. 18).

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Official Journal of the European Union

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Pursuant to Decision 2006/000/JHA, access to alerts on
objects entered in SIS II is reserved exclusively to the
authorities responsible for border control and other police
and customs checks as well as judicial authorities and
Europol.

(12)

(6)

(7)

(8)

(9)

Government or non-government services clearly identi-
fied for this purpose and responsible in the Member States
for issuing registration certificates for vehicles should have
access to data included in SIS II concerning motor vehicles
with a cylinder capacity exceeding 50 cc, trailers with an
unladen weight exceeding 750 kg, caravans and vehicle
registration certificates and vehicle number plates which
have been stolen, misappropriated, lost or invalidated in
order to enable them to check whether the vehicles pre-
sented to them for registration have been stolen, misap-
propriated or lost.

To that end, it is necessary to grant those services access
to those data, and to allow them to use those data for the
administrative purposes of properly issuing vehicle regis-
tration certificates.

To the extent that services in the Member States respon-
sible for issuing registration certificates for vehicles are
non-government bodies, such access should be granted
indirectly, that is to say through the intermediary of an
authority granted access in accordance with Decision
2006/000/JHA that is responsible for ensuring compli-
ance with the security and confidentiality rules of the
Member States as referred to in that Decision.

(10) Decision 2006/000/JHA lays down the action to be taken
if access to SIS II brings to light an alert for an object
entered in SIS II.

(11) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data and
on the free movement of such data (1) applies to the pro-
cessing of personal data by the services in the Member
States responsible for issuing registration certificates for
vehicles. The specific provisions on the protection of per-
sonal data on security, confidentiality and keeping of log
files contained in Decision 2006/000/JHA supplement or
clarify the principles set out in that Directive when per-
sonal data is processed by those services in the context
of SIS II.

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

to facilitate

Since the objective of the action to be taken, namely to
grant access to SIS II to services in the Member States
responsible for issuing registration certificates for vehicles,
in order
tasks under Directive
their
1999/37/EC, cannot be sufficiently achieved by the Mem-
ber States and can therefore, by reason of the very nature
of SIS II as a joint information system, only be achieved
at Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set out
in Article 5 of the Treaty. In accordance with the prin-
ciple of proportionality, as set out in that Article, this
Regulation does not go beyond what is necessary in order
to achieve that objective.

(13)

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

(14) As regards Iceland and Norway, this Regulation consti-
tutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded by the
Council of the European Union and the Republic of Ice-
land and the Kingdom of Norway concerning the associa-
tion of
those two States with the implementation,
application and development of the Schengen acquis (2)
which fall within the area referred to in Article 1, point G,
of Council Decision 1999/437/EC of 17 May 1999 (3) on
certain arrangements
that
Agreement.

application of

the

for

(15) As regards Switzerland, this Regulation constitutes a devel-
opment of the provisions of the Schengen acquis within
the meaning of the Agreement signed between the Euro-
pean Union, the European Community and the Swiss Con-
federation concerning the association of
the Swiss
Confederation with the implementation, application
and development of the Schengen acquis, which fall
within the area referred to in Article 1, point G, of
Decision 1999/437/EC read in conjunction with
Article 4(1) of Council Decisions 2004/849/EC (4)
and 2004/860/EC (5).

(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.
(4) Council Decision 2004/849/EC of 25 October 2004 on the signing,
on behalf of the European Union, and on the provisional application
of certain provisions of the Agreement between the European Union,
the European Community and the Swiss Confederation concerning
the Swiss Confederation’s association with the implementation, appli-
cation and development of
the Schengen acquis (OJ L 368,
15.12.2004, p. 26).

(5) Council Decision 2004/860/EC of 25 October 2004 on the signing,
on behalf of the European Community, and on the provisional appli-
cation of certain provisions of the Agreement between the European
Union, the European Community and the Swiss Confederation, con-
cerning the Swiss Confederation’s association with the implementa-
tion, application and development of the Schengen acquis (OJ L 370,
17.12.2004, p. 78).

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(16)

This Regulation constitutes an act building on the Schen-
gen acquis or otherwise related to it within the meaning
of Article 3(2) of the 2003 Act of Accession,

HAVE ADOPTED THIS REGULATION:

Article 1

Notwithstanding Articles 38, 40 and 46(1) of Decision
1.
2006/000/JHA, the services in the Member States responsible for
issuing registration certificates for vehicles, as referred to in Direc-
tive 1999/37/EC, shall have access to the following data entered
into SIS II in accordance with Article 38(2)(a), (b) and (f) of that
Decision for the sole purpose of checking whether vehicles pre-
sented to them for registration have been stolen, misappropri-
ated or lost or are sought as evidence in criminal proceedings:

Services as referred to in paragraph 1 that are non-
3.
government services shall have access to data entered in SIS II
only through the intermediary of an authority as referred to in
Article 40 of the Decision mentioned in paragraph 1. That
authority shall have the right to access the data directly and to
pass them on to the service concerned. The Member State con-
cerned shall ensure that the service in question and its employ-
ees are required to respect any limitations on the permissible use
of data conveyed to them by the authority.

4.
Article 39 of that Decision shall not apply to access gained
in accordance with this Article. The communication to the police
or judicial authorities by services as referred to in paragraph 1 of
any information brought to light by access to SIS II which gives
rise to suspicion of a criminal offence shall be governed by
national law.

(a) data concerning motor vehicles with a cylinder capacity

exceeding 50 cc;

Article 2

(b) data concerning trailers with an unladen weight exceeding

750 kg and caravans;

This Regulation replaces Article 102a of
Convention.

the Schengen

(c) data concerning vehicle registration certificates and vehicle
number plates which have been stolen, misappropriated, lost
or invalidated.

Subject to paragraph 2, the law of each Member State shall gov-
ern access to those data by those services in that Member State.

2.
Services as referred to in paragraph 1 that are government
services shall have the right to access directly the data entered
in SIS II.

Article 3

This Regulation shall enter into force on the twentieth day fol-
lowing that of its publication in the Official Journal of the Euro-
pean Union.

It shall apply from the date set in accordance with Article 71(2)
of Decision 2006/000/JHA.

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

Done at Brussels, 20 December 2006.

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
J. KORKEAOJA