Schengen: access to the Second Generation Information System, SIS II, by the services in the Member States responsible for issuing vehicle registration certificates

PURPOSE: to allow vehicle registration services the right to consult certain categories of data stored on SIS II.

LEGISLATIVE ACT: Regulation (EC) No 1986/2006 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.

BACKGROUND: this Regulation forms part of a package of legislation defining the legal basis for SIS II. Given the different policy areas involved and the cross-pillar nature of the SIS, three legislative acts had to be adopted: two Regulations and one third pillar Decision. The package is as follows:

• Regulation (EC) No 1986/2006 (vehicle registration certificates).
• Regulation (EC) No 1987/2006 (movement of people).
• Decision 2007/533/JHA (processing data for police and judicial cooperation in criminal matters).

The fact that the legislative package consists of separate instruments does not, however, effect the principle that SIS II constitutes one single information system and that it should operate as such.

In 1999, the EU adopted legislation on the registration of documents for vehicles, the purpose of which was to allow the Member States to assist one another in the implementation of that Directive through the exchange of information on a bi-or multilateral level. This allowed national authorities to check, before the registration of a vehicle, the legal status in which it was previously registered.

Much of the information needed to fulfil this responsibility can be found, in electronic format, on the newly established SIS II system. In addition, alerts on objects, including motor vehicles are entered in SIS II for the purposes of seizure or use as evidence in criminal proceedings.

CONTENT: the purpose of this Regulation, therefore, is to allow Member States’ services responsible for issuing registration certificates for vehicles, to have access to certain data on SIS II. These services, who may access data directly on SIS II, will be allowed to request the following information only:

• 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 which have been stolen, misappropriated, lost or invalidated.

Any other non-government service seeking data on SIS II will be able to do so through an official authority only.

ENTRY INTO FORCE: 17 January 2007.