Legal provisions of COM(2005)237 - Access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)237 - Access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for ... |
|---|---|
| document | COM(2005)237  |
| date | December 20, 2006 |
Article 1
1. Notwithstanding Articles 38, 40 and 46(1) of Decision 2006/000/JHA, the services in the Member States responsible for issuing registration certificates for vehicles, as referred to in Directive 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 presented to them for registration have been stolen, misappropriated or lost or are sought as evidence in criminal proceedings:
| (a) | data concerning motor vehicles with a cylinder capacity exceeding 50 cc; |
| (b) | data concerning trailers with an unladen weight exceeding 750 kg and caravans; |
| (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 govern 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.
3. Services as referred to in paragraph 1 that are non-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 concerned shall ensure that the service in question and its employees 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.
Article 2
This Regulation replaces Article 102a of the Schengen Convention.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European 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.