Recital (9) · Council Regulation (EU) 2022/922

(9)Evaluation and monitoring activities should be targeted, taking into account the results of previous evaluations, risk analyses, new legislation, information obtained by the Commission in accordance with this Regulation and, if relevant, the results of national quality-control mechanisms. They should be supported through reinforced cooperation with Union bodies, offices and agencies participating in the implementation of the Schengen acquis in order to provide relevant information and expertise for the planning or conducting of evaluation or monitoring activities, through the systematic involvement of such bodies, offices and agencies in Schengen evaluations, including by nominating observers to participate in the evaluations, and through improved risk analyses and information sharing, including on corruption and organised crime insofar as these may undermine the application of the Schengen acquis by the Member States.Such cooperation and involvement concern in particular the European Border and Coast Guard Agency (Frontex), governed by Regulation (EU) 2019/1896 of the European Parliament and of the Council^note, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council^note, the European Union Agency for Law Enforcement Cooperation (Europol), established by Regulation (EU) 2016/794 of the European Parliament and of the Council^note, the European Union Agency for Fundamental Rights (FRA), established by Council Regulation (EC) No 168/2007^note, and the European Data Protection Supervisor, established by Regulation (EU) 2018/1725 of the European Parliament and of the Council^note.The cooperation should also become more reciprocal, and the agencies should not only be contributors but also benefit from being involved in the evaluation and monitoring mechanism, thereby ensuring their enhanced operational response. In order to avoid any conflict of interest where the activities of a Union body, office or agency involved in the implementation of the Schengen acquis, insofar as they perform functions on behalf of the Member States to assist in the operational application of provisions of the Schengen acquis, are verified as part of the evaluation of a Member State, observers from a Union body, office or agency should not participate in the discussions on the findings related to the activity of that Union body, office or agency.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Defined terms · 13

Show every defined term

first-time evaluation
means an evaluation to verify whether a Member State bound by the Schengen acquis and for which internal border controls have not been lifted fulfils the conditions to apply the Schengen acquis in full or, in the case of a Member State not participating in the Schengen acquis and which has been authorised by the Council to apply parts of the Schengen acquis, to verify whether the Member State fulfils the conditions to apply the Schengen acquis in part;
non-compliant finding
means an assessment of a finding according to which national laws, regulations and administrative measures, or their implementation, do not comply with the legally binding provisions of the Schengen acquis;
observer
means an expert designated by a Union body, office or agency referred to in Article 7 participating in an evaluation or monitoring activity;
periodic evaluation
means an evaluation included in the multiannual evaluation programme and annual evaluation programmes to verify the application of the Schengen acquis by a Member State with a view to assessing the Member State’s overall performance in the application of the Schengen acquis;
revisit
means a supplementary visit following an evaluation that identified a serious deficiency or following a first-time evaluation that concluded that the evaluated Member State did not fulfil the necessary conditions to apply the Schengen acquis;
Schengen acquis
means the provisions integrated into the framework of the Union in accordance with Protocol No 19 on the Schengen acquis integrated into the framework of the European Union, annexed to the TEU and the TFEU, together with the acts building upon them or otherwise related to them;
serious deficiency
means a general assessment of the situation attributed to one or more non-compliant findings which concern the effective application of the Schengen acquis and which, individually or in combination, risk to constitute a violation of fundamental rights or which have, or risk to have over time, a significant negative impact on one or more Member States or on the functioning of the area without internal border control;
team
means a group comprising experts designated by Member States and Commission representatives who carry out evaluation and monitoring activities;
thematic evaluation
means an evaluation, included in the annual evaluation programme, aimed at providing an analysis of Member States’ legislation or practices in the application of the Schengen acquis, or the application of its specific parts across several Member States;
trainee expert
means an expert designated by a Member State or a Commission representative to be trained to become a Schengen evaluator.
unannounced evaluation
means an evaluation, not included in the multiannual and annual evaluation programmes, to verify the application of the Schengen acquis by one or more Member States in one or more policy areas;
verification visit
means a supplementary visit, other than a revisit, carried out to monitor the progress of the implementation of an action plan;
visit
means a visit to a Member State or to its consulates for the purpose of carrying out an evaluation or monitoring activity;