Proposal to reform the Schengen evaluation and monitoring mechanism

In June 2021, the Commission presented a Strategy towards a fully functioning and resilient Schengen area. A central element of this strategy is the legislative proposal to reform the Schengen evaluation and monitoring mechanism. The reform aims to make the Schengen area more flexible in order to respond to new challenges, and more adaptable to recent and future developments of the Schengen acquis. The proposed changes are grouped into the following objectives:

1. Increase the strategic focus of the Mechanism and ensure a more proportionate and strategic use of different evaluation and monitoring tools

• Adapting the scope of evaluations to new realities to ensure a flexible framework for monitoring the implementation of the Schengen acquis.
• Moving towards fully risk-based evaluations and providing for flexible programming.
• Ensuring no gaps when evaluating the implementation of the Schengen acquis in a Member State. This will be done by making possible for the Mechanism to evaluate the activities of EU agencies, bodies and offices and of private parties when acting on behalf of a Member States to support it in the implementation of the Schengen acquis.
• Extending the evaluation cycle from five to seven years allowing for Member States to be evaluated at least twice during the seven-year cycle. This would allow for a more balanced, flexible and strategic use of all available evaluation and monitoring tools, ensuring a closer and more targeted monitoring of Member States.
• • Strengthening the forms and methods of evaluation and monitoring activities. Along with the programmed periodic visits, which remain the primary method of evaluations, the proportion of unannounced visits will be increased, evaluations and monitoring activities by remote means (e.g. via videoconference) will become possible and the role of “thematic evaluations” will become more prominent.
  • Making unannounced evaluations without prior notification will become a general rule.
  • The yearly reports on the results of the evaluations and the remedial actions taken by Member States will feed into the yearly “State of Schengen Report” to allow for political discussions to comprehensively cover all elements of the Schengen acquis.

  2. Shorten and simplify the procedures to make the process more efficient and increase Council influence

  • The Commission will adopt reports and recommendations in one single document shortening the length of the process from 10-12 months to four months, and in cases of serious deficiencies to two and a half months.
  • Ensuring better links between the findings and the recommendations of the evaluation.
  • The Council will focus on cases which are considered to have greater importance, and it will steer political discussion on matters of general interest for the functioning of the Schengen area.
  • The Council will have a stronger role in the monitoring of more important cases, and provide an escalation mechanism in the case of lack of progress.
  • • Regarding serious deficiencies, the proposal strengthens and accelerates the process putting in place a fast-track and better streamlined procedure to ensure that the deficiencies identified are addressed promptly.
    • Reinforcing the Commission’s obligations to report to the Council and the European Parliament on the progress made in the implementation of recommendations by each Member State.

    3. Strengthening the evaluation of the respect for fundamental rights under the Schengen acquis

    • Stronger evaluation of the respect of human rights address the long-standing calls of the European Parliament, and other stakeholders, and will be achieved by an increased submission of risk analyses by the European Union Agency for Fundamental Rights. The risk analysis will include stronger examination of fundamental rights in the provisions on training. A specific provision will also be added in the Regulation regarding the use of the evidence supplied by third parties, including national monitoring mechanisms.
    • There will be a possibility to carry out unannounced evaluations without prior notice, if there are indications of serious fundamental rights violations.

    • 4. Optimising the participation of Member State experts with Union bodies, offices and agencies, and synergies with other evaluation and monitoring mechanisms

      • Creating a pool of experts who will be available for carrying out evaluations.
      • Member States will appoint at least one expert per policy field identified in the multiannual evaluation programme. The Commission will take due account of the capacity of the national administrations and the need to ensure geographical balance.
      • Strengthening cooperation and synergies with Frontex, eu-LISA, Europol, the European Union Agency for Fundamental Rights and the European Data Protection Supervisor.