Regulation 2022/922 - Establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis - Main contents

EN

Official Journal of the European Union

L 160/1

The Schengen area without border control at internal borders relies on the effective and efficient application by the Member States of the Schengen acquis. That acquis comprises measures in the area of external borders, compensatory measures for the absence of controls at internal borders and a strong monitoring framework, which together strengthen free movement and ensure a high level of security, justice and protection of fundamental rights, including the protection of personal data.

Peer-to-peer evaluation and monitoring of the application of the Schengen acquis have been core elements of the Schengen area since 1998 and contribute to maintaining a high level of accountability and ownership of results and to strengthening mutual trust among Member States.

A specific Schengen evaluation and monitoring mechanism was established by Council Regulation (EU) No 1053/2013 (2) and became operational in 2015.

In order to increase its effectiveness and efficiency, the Schengen evaluation and monitoring mechanism should be enhanced. The revised evaluation and monitoring mechanism should aim to maintain a high level of mutual trust among Member States by ensuring that Member States apply the Schengen acquis effectively in accordance with the agreed common standards, fundamental principles and norms, thereby contributing to a well-functioning Schengen area.

The evaluation and monitoring mechanism should achieve its goals through objective and impartial evaluations that are able to quickly identify deficiencies in the application of the Schengen acquis that could disrupt the correct functioning of the Schengen area, ensure that those deficiencies are swiftly addressed, and provide the basis for a dialogue on the functioning of the Schengen area as a whole. In accordance with Article 70 of the Treaty on the Functioning of the European Union (TFEU), objective and impartial evaluation of the implementation of the Union policies within the area of freedom, security and justice is to be conducted by Member States in collaboration with the Commission. This requires close cooperation between the Member States and the Commission, a balanced distribution of shared responsibilities and the maintenance of the peer-review nature of the system. It also requires an enhanced role for the Council and the close involvement of the European Parliament. Given the extent of the changes to the evaluation and monitoring mechanism established by Regulation (EU) No 1053/2013, that Regulation should be repealed and replaced by a new Regulation.

The evaluation and monitoring mechanism should be able to cover all areas of the Schengen acquis – present and future, in particular the management of the external borders, the absence of controls at internal borders, visa policy, return, large-scale information systems supporting the application of the Schengen acquis, police cooperation, judicial cooperation in criminal matters, and data protection – except those where a specific evaluation mechanism already exists under Union law. The evaluation and monitoring mechanism should encompass all relevant legislation and operational activities which are part of the Schengen acquis and which contribute to the functioning of...