The second generation Schengen Information System (SIS II) will be a large-scale information system containing alerts on persons and objects in the EU.
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SIS-II will be used by border guards, customs officers, visa and law-enforcement authorities throughout the Schengen area, with a view to ensuring a high level of security. This new system is currently undergoing extensive testing in close cooperation with the Member States and will replace the current system, providing enhanced functionalities. As the regulation and decision concerning the establishment, operation and use of SIS II do not provide Member State vehicle registration services access to this system, an additional regulation has been adopted to this end.
ACT
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.
SUMMARY
The Member States’ public services responsible for issuing registration certificates for vehicles referred to in Directive 1999/37/EC will have access to the following data in SIS II:
- data concerning motor vehicles with a cylinder capacity exceeding 50 cc;
- data concerning trailers with an unladen weight exceeding 750 kg and caravans;
- data concerning vehicle registration certificates and vehicle number plates that have been stolen, misappropriated, lost or invalidated.
They will have access to this data solely for the purpose of checking that the vehicles presented to them for registration have not been stolen, misappropriated or lost and are not being sought as evidence in criminal proceedings.
Registration services that are not public services will only have access to the data in SIS II through one of the authorities referred to in Article 40 of the SIS II Decision. These authorities alone will have the right to access the data directly and transmit it to the service concerned.
The communication to the police or judicial authorities of any information contained in SIS II that raises suspicion of a criminal offence will be governed by national law.
Background
By virtue of Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles, Member States are to assist one another and exchange information. In particular, before registering a vehicle, they should check the legal status of that vehicle in the Member State in which it was previously registered.
Regulation (EC) No 1987/2006 and Decision 2007/533/JHA concerning the establishment, operation and use of SIS II (SIS II Regulation and Decision) replaced all but one article of the Convention implementing the Schengen Agreement of 14 June 1985. 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. This third act completes the SIS II legal framework, ensuring that Member States’ vehicle registration services will have access to SIS II once it is operational.
REFERENCES
Regulation (EC) No 1986/2006
Entry into force: 17.1.2006
Deadline for transposition in the Member States: –
Official Journal: OJ L 381, 28.12.2006
