15.11.2022 |
EN |
Official Journal of the European Union |
C 434/126 |
P9_TA(2022)0122
The Schengen evaluation mechanism *
European Parliament legislative resolution of 7 April 2022 on the proposal for a Council regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) No 1053/2013 (COM(2021)0278 — C9-0349/2021 — 2021/0140(CNS))
(Special legislative procedure — consultation)
(2022/C 434/27)
The European Parliament,
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having regard to the Commission proposal to the Council (COM(2021)0278), |
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having regard to Article 70 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C9-0349/2021), |
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having regard to the contributions submitted by the Czech Senate, the Spanish Parliament, the Portuguese Parliament and the Romanian Senate on the draft legislative act, |
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having regard to Rule 82 of its Rules of Procedure, |
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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0054/2022), |
1. |
Approves the Commission proposal as amended; |
2. |
Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
3. |
Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
4. |
Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
5. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
Amendment 1
Proposal for a regulation
Recital 1
Text proposed by the Commission |
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Amendment 2
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 5
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 19
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 20
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 22
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 23
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 26
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 28
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Recital 29
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a regulation
Article 1 — paragraph 1
Text proposed by the Commission |
Amendment |
1. This Regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that Member States apply the Schengen acquis effectively , thereby contributing to a well-functioning area without internal border controls. |
1. This Regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that Member States apply the Schengen acquis effectively in order to ensure a well-functioning area without internal border controls , and with full respect for fundamental rights . |
Amendment 22
Proposal for a regulation
Article 1 — paragraph 3
Text proposed by the Commission |
Amendment |
3. Evaluations may cover all aspects of the Schengen acquis and take into account the functioning of the authorities that apply the Schengen acquis . |
3. Evaluations may cover all aspects of the Schengen acquis , including the effective and efficient application by the Member States of accompanying measures in the areas of external borders, visa policy, the Schengen Information System, data protection, police cooperation, judicial cooperation, as well as the absence of border control at internal borders . All evaluations shall comprise an assessment of compliance with fundamental rights in the context of the aspects covered. |
Amendment 23
Proposal for a regulation
Article 2 — paragraph 1 — point d
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Article 2 — paragraph 1 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Article 2 — paragraph 1 — point i
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Article 2 — paragraph 1 — point k
Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Article 2 — paragraph 1 — point k a (new)
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Article 3 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Member States and the Commission shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this Regulation. |
3. The Member States, the Commission and the Council shall cooperate fully at all stages of evaluations in order to ensure the effective implementation of this Regulation , while ensuring that the European Parliament is kept fully informed of all substantive developments . |
Amendment 29
Proposal for a regulation
Article 3 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
They shall ensure that the Commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively, in particular by granting the possibility to the Commission and the teams to address directly relevant persons and by providing full and unimpeded access to all areas, premises and documents to which access has been requested, including national and internal guidelines and instructions, also classified ones. |
They shall ensure that the Commission and the teams carrying out evaluation and monitoring activities are able to perform their tasks effectively, in particular by granting the possibility to the Commission and the teams to address directly and individually relevant persons and by providing full and unimpeded access to all areas, premises and documents to which access has been requested, including national and internal guidelines and instructions, also classified ones. |
Amendment 30
Proposal for a regulation
Article 3 — paragraph 5 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall bear the travel and accommodation costs for experts and the observer referred to in Article 16(2) participating in the visits. |
The Commission shall bear the travel and accommodation costs for experts as well as for the observers referred to in Article 16(2) and Union observers participating in the visits. |
Amendment 31
Proposal for a regulation
Article 4 — paragraph 1 — point c a (new)
Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 4 — paragraph 2 — point a
Text proposed by the Commission |
Amendment |
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Amendment 33
Proposal for a regulation
Article 4 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a regulation
Article 4 — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 35
Proposal for a regulation
Article 4 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The Commission may organise thematic evaluations in particular to assess the implementation of significant legislative changes, as they start to apply, and of new initiatives, or to assess issues across policy areas or practices of Member States facing similar challenges . |
3. The Commission may organise thematic evaluations in particular to assess the implementation of significant legislative changes, as they start to apply, and of new initiatives, or to assess issues across policy areas , or similar policies and practices across Member States. |
Amendment 36
Proposal for a regulation
Article 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
Evaluations and monitoring activities referred to in Articles 4 and 5 may be carried out by means of announced or unannounced visits, and questionnaires or other remote methods. |
Evaluations and monitoring activities referred to in Articles 4 and 5 may be carried out by means of announced , short-notice or unannounced visits, and questionnaires or other remote methods. That should only be done when physical visits are not deemed necessary . |
Amendment 37
Proposal for a regulation
Article 7 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission may enter into arrangements with the Union bodies, offices and agencies to facilitate the cooperation. |
The Commission may enter into arrangements with the Union bodies, offices and agencies to facilitate the cooperation and invite a member of the Union bodies, offices or agencies to participate in the teams carrying out evaluation and monitoring activities, when relevant . |
Amendment 38
Proposal for a regulation
Article 8 — paragraph 1
Text proposed by the Commission |
Amendment |
1. By 31 August each year, Frontex shall submit to the Commission and the Member States a risk analysis in view to the annual evaluation programme referred to in Article 13 of this Regulation. |
1. By 31 August each year, Frontex shall submit to the Commission and the Member States risk analyses in view to the annual evaluation programme referred to in Article 13 of this Regulation. |
Amendment 39
Proposal for a regulation
Article 8 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The risk analysis referred to in paragraph 1 shall cover all relevant aspects related to integrated border management and it shall also contain recommendations for unannounced visits in the following year, irrespective of the order of Member States to be evaluated each year, as established in the multiannual evaluation programme in accordance with Article 12. |
The risk analyses referred to in paragraph 1 shall cover all relevant aspects of European integrated border management , as laid down in Article 3(1) of Regulation (EU) 2019/1896, and include a fundamental rights component, and it shall also contain recommendations for unannounced or short-notice visits in the following year, irrespective of the order of Member States to be evaluated each year, as established in the multiannual evaluation programme in accordance with Article 12. |
Amendment 40
Proposal for a regulation
Article 8 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
Those recommendations may concern any region or specific area and shall contain a list of at least ten specific sections of the external borders and at least ten specific border crossing-points, specific sites relevant for evaluating compliance with Directive 2008/115/EC (47) , and other relevant information. |
Those recommendations may concern any region or specific area and shall contain a list of at least ten specific sections of the external borders and at least ten specific border crossing-points, specific sites relevant for evaluating compliance with Directive 2008/115/EC (47) , and other relevant information. |
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The Commission shall transmit risk analyses without delay to the European Parliament and to the Council in accordance with Regulation (EU) 2019/1896. |
Amendment 41
Proposal for a regulation
Article 9 a (new)
Text proposed by the Commission |
Amendment |
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Article 9 a Cooperation with the European Union Agency for Fundamental Rights In accordance with Article 4(1), points (a) and (d), of Council Regulation (EC) No 168/2007 (1a) , by 31 August each year, the European Union Agency for Fundamental Rights shall submit conclusions on its overall fundamental rights assessment in relation to the implementation of the Schengen acquis to the Commission with a view to providing it with its conclusions when drawing up the annual evaluation programme referred to in Article 13. |
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Amendment 42
Proposal for a regulation
Article 10 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall use the results of relevant mechanisms and instruments, including evaluation and monitoring activities of Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis and of the European Union Agency for Fundamental Rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities, to improve awareness on the functioning of the Schengen area and to avoid the duplication of efforts and conflicting measures. |
1. The Commission shall use the results of relevant mechanisms and instruments, including evaluation and monitoring activities of Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis and of the European Union Agency for Fundamental Rights as well as of independent national monitoring mechanisms and bodies and other national quality control mechanisms in preparing the evaluation and monitoring activities , in determining the need for unannounced evaluation or evaluations at short-notice and to improve awareness on the functioning of the Schengen area and to avoid the duplication of efforts and conflicting measures. |
Amendment 43
Proposal for a regulation
Article 10 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
The information sharing shall take place in accordance with the mandates of the Union bodies, offices and agencies concerned. |
The information sharing shall take place in accordance with the mandates of the Union bodies, offices and agencies concerned. Such information sharing shall take place in order to ensure enhanced situational awareness on the part of, and an enhanced operational response by, the Union bodies, offices and agencies concerned. |
Amendment 44
Proposal for a regulation
Article 11 — paragraph 1
Text proposed by the Commission |
Amendment |
In the programming and implementation of the evaluations and monitoring activities, the Commission shall take into account information provided by third parties, including independent authorities, non-governmental organisations and international organisations. |
In the programming and implementation of the evaluations and monitoring activities, in particular in determining the need for unannounced evaluations in accordance with Article 4(2) and (2a), the Commission shall take into account information and recommendations provided by relevant third parties, including independent authorities, non-governmental organisations and international organisations such as the institutions and bodies of United Nations and the Council of Europe . Where the evaluation confirms shortcomings highlighted by third parties in the information they provide, Member States shall have the opportunity to comment. |
Amendment 45
Proposal for a regulation
Article 12 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In each multiannual evaluation cycle, each Member State shall undergo one periodic evaluation and at least one unannounced evaluation or thematic evaluation . |
In each multiannual evaluation cycle, each Member State shall undergo one periodic evaluation and at least one unannounced evaluation or short-notice visit, as well as one or more thematic evaluations . Unannounced evaluations pursuant to Article 4 shall be organised by the Commission whenever the circumstances provided for in that Article arise. |
Amendment 46
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The multiannual evaluation programme shall identify the specific priority areas to be covered by the periodic evaluations and shall include a provisional time-schedule of those evaluations. |
The multiannual evaluation programme shall identify , in accordance with Article 4, those aspects of the Schengen acquis to be covered by the periodic evaluations and shall include a provisional time-schedule of those evaluations. |
Amendment 47
Proposal for a regulation
Article 12 — paragraph 3 — subparagraph 2
Text proposed by the Commission |
Amendment |
It shall set out a provisional list of Member States to be subject to periodic evaluations, without prejudice to adjustments made under paragraph 4, in a given year. The provisional order in which the Member States are to be subject to a periodic evaluation shall take into account the time which has elapsed since the previous periodic evaluation. It shall also take into account the outcome of previous evaluations, the pace of implementation of the action plans and other relevant information at the Commission’s disposal as regards the practices of the Member States. |
It shall set out a provisional list of Member States to be subject to periodic evaluations , along with the relevant Union institutions, bodies, offices and agencies performing functions related to the implementation of the Schengen acquis in the relevant Member States , without prejudice to adjustments made under paragraph 4, in a given year. The provisional order in which the Member States are to be subject to a periodic evaluation shall take into account the time which has elapsed since the previous periodic evaluation. It shall also take into account the outcome of previous evaluations, the pace of implementation of the action plans and other relevant information at the Commission’s disposal as regards the practices of the Member States |
Amendment 48
Proposal for a regulation
Article 14 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In drawing up the questionnaire, the Commission may consult relevant Union bodies, offices and agencies referred to in Article 7. |
In drawing up the questionnaire, the Commission may consult relevant Union bodies, offices and agencies referred to in Article 7. The Commission, in cooperation with the European Union Agency for Fundamental Rights, shall include in the questionnaire specific benchmarks against which the evaluation teams assess compliance with fundamental rights. |
Amendment 49
Proposal for a regulation
Article 14 — paragraph 4 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Commission shall make the replies available to the other Member States. |
The Commission shall make the replies available to the other Member States and to the European Parliament and the Council . |
Amendment 50
Proposal for a regulation
Article 16 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Member States and the Commission, in cooperation with relevant Union bodies, offices or agencies, shall ensure that Member State experts and Commission representatives receive adequate training to become Schengen evaluators. |
The Member States and the Commission, in cooperation with relevant Union bodies, offices or agencies, shall ensure that Member State experts and Commission representatives receive adequate training to become Schengen evaluators. Completion of that training shall be mandatory for all experts participating in a team carrying out an evaluation or monitoring activity in accordance with Article 18. |
Amendment 51
Proposal for a regulation
Article 16 — paragraph 2
Text proposed by the Commission |
Amendment |
2. For training purposes, each team carrying out periodic evaluations may include an ‘observer’ either from a Member State or the Commission. |
2. For training purposes, each team carrying out periodic evaluations may include an observer from a Member State , from the Commission or from a Union body, office or agency involved in the implementation of the Schengen acquis. |
Amendment 52
Proposal for a regulation
Article 17 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission, in cooperation with the Member States, shall establish every year a pool of experts whose professional background cover the specific priority areas set out in the multiannual evaluation programme. |
1. The Commission, in cooperation with the Member States, shall establish every year a pool of experts whose professional background include those aspects of the Schengen acquis to be covered in accordance with the multiannual evaluation programme. |
Amendment 53
Proposal for a regulation
Article 17 — paragraph 2
Text proposed by the Commission |
Amendment |
2. In parallel to the establishment of the annual evaluation programme in accordance with Article 13(1), on the invitation of the Commission, Member States shall designate at least one qualified expert per each specific area determined in the multiannual evaluation programme for next year’s pool of experts. |
2. In parallel to the establishment of the annual evaluation programme in accordance with Article 13(1), on the invitation of the Commission, Member States shall designate at least one qualified expert per each aspect of the Schengen acquis to be evaluated as laid down in the multiannual evaluation programme for next year’s pool of experts. |
Amendment 54
Proposal for a regulation
Article 17 — paragraph 11
Text proposed by the Commission |
Amendment |
11. The Commission shall keep the list of experts of the pool up to date and inform Member States about the number of experts and their profiles designated per Member State. |
11. The Commission shall keep the list of experts of the pool up to date and inform Member States , the European Parliament and the Council about the number of experts and their profiles designated per Member State. |
Amendment 55
Proposal for a regulation
Article 18 — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall define the number of Member State experts and Commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. The Commission shall select experts from the pool of experts to become members of a team. |
1. The Commission shall define the number of Member State experts and Commission representatives participating in a team based on the particularities and needs of the evaluation or monitoring activity. The Commission shall select experts from the pool of experts to become members of a team. All members of the team, with the exception of observers or Union observers, shall have undergone the adequate training referred to in Article 16(1). |
Amendment 56
Proposal for a regulation
Article 18 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
Member State experts shall not participate in a team carrying out an evaluation or monitoring activity of the Member State where they are employed. |
Member State experts shall not participate in a team carrying out an evaluation or monitoring activity of the Member State where they are employed. Moreover, where the activities of a Union body, office or agency present in the Member State are being evaluated as part of that Member State's evaluation, no expert or observer from that Union body, office or agency shall participate in the evaluation. |
Amendment 57
Proposal for a regulation
Article 18 — paragraph 4
Text proposed by the Commission |
Amendment |
4. In the case of unannounced visits, the Commission shall send the invitations no later than two weeks before the visit is scheduled to commence. Experts shall respond within 72 hours of receiving the invitation, in agreement with their designating authorities. |
4. In the case of unannounced or short-notice visits, the Commission shall send the invitations no later than two weeks before the visit is scheduled to commence. Experts shall respond within 72 hours of receiving the invitation, in agreement with their designating authorities. |
Amendment 58
Proposal for a regulation
Article 18 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. The Commission shall also invite the European Parliament to send a representative to observe revisits as a Union observer. |
Amendment 59
Proposal for a regulation
Article 18 — paragraph 8
Text proposed by the Commission |
Amendment |
8. If the Commission fails to obtain confirmation of the participation of the required number of experts from the pool at least six weeks before the evaluation or monitoring activity is scheduled to commence, or at least one week in case of unannounced visits, the Commission shall without delay invite all Member States to nominate qualified experts outside from the pool for the missing places. |
8. If the Commission fails to obtain confirmation of the participation of the required number of experts from the pool at least six weeks before the evaluation or monitoring activity is scheduled to commence, or at least 7 days in case of unannounced or short-notice visits, the Commission shall without delay invite all Member States to nominate qualified experts outside from the pool for the missing places. |
Amendment 60
Proposal for a regulation
Article 18 — paragraph 9 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall designate a Commission lead expert and propose the Member State lead expert. The Member State lead expert shall be appointed by the members of the team as soon as possible after the team has been set up. |
The Commission shall designate a Commission lead expert and propose the Member State lead expert. The Member State lead expert shall be appointed by the members of the team as soon as possible after the team has been set up. The Commission shall designate an expert responsible for the fundamental rights elements of the visit or evaluation. |
Amendment 61
Proposal for a regulation
Article 19 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The detailed programme for the visits in a Member State or in its consulates shall be established by the Commission in close cooperation with the lead experts and the Member State concerned. |
The detailed programme for the visits in a Member State or in its consulates shall be established by the Commission in close cooperation with the lead experts and the Member State concerned. The Commission shall send the detailed programme to the relevant national Parliament. |
Amendment 62
Proposal for a regulation
Article 19 — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
Unannounced visits shall take place without prior notification to the Member State concerned. By way of exception, the Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verification of the implementation of the Schengen acquis. |
Unannounced visits shall take place without prior notification to the Member State concerned. The Commission shall establish the detailed programme for unannounced visits . |
Amendment 63
Proposal for a regulation
Article 19 — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall establish the detailed programme for unannounced visits. Where Member States have been notified, the Commission may consult the timetable and detailed programme with the Member State concerned. |
deleted |
Amendment 64
Proposal for a regulation
Article 19 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission, in close cooperation with the Member States, may establish and update Guidelines for conducting unannounced visits. |
5. The Commission, in close cooperation with the Member States, may establish and update Guidelines for conducting unannounced or short-notice visits and may consult with Member States . |
Amendment 65
Proposal for a regulation
Article 20 — paragraph 1
Text proposed by the Commission |
Amendment |
The Commission, in cooperation with the Member States, may establish guidelines for conducting evaluation and monitoring activities by questionnaire or other remote methods. |
The Commission, in cooperation with the Member States, may establish guidelines for conducting evaluation and monitoring activities by questionnaire, or other remote methods , as complementary methods . Remote methods shall only be used where physical visits are not deemed necessary. |
Amendment 66
Proposal for a regulation
Article 21 — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Commission shall transmit the evaluation report to the national Parliaments, the European Parliament and the Council. |
The Commission shall transmit the evaluation report to the national Parliaments, the European Parliament and the Council no later than 14 days after the report is adopted . |
Amendment 67
Proposal for a regulation
Article 21 — paragraph 5
Text proposed by the Commission |
Amendment |
5. The evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. The evaluation report may set deadlines for the implementation of recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 23 shall apply. |
5. The evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. The evaluation report shall also set deadlines for the implementation of recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 23 shall apply. |
Amendment 68
Proposal for a regulation
Article 21 — paragraph 6
Text proposed by the Commission |
Amendment |
6. The Commission shall transmit the draft evaluation report to the evaluated Member State within four weeks of the end of the evaluation activity. The evaluated Member State shall provide its comments on the draft evaluation report within two weeks of its receipt. A drafting meeting shall be held at the request of the evaluated Member State, no later than five working days from the receipt of the comments from the evaluated Member State. The comments of the evaluated Member State may be reflected in the draft evaluation report. |
6. The Commission shall transmit the draft evaluation report to the evaluated Member State within four weeks of the end of the evaluation activity. The evaluated Member State shall provide its comments on the draft evaluation report within two weeks of its receipt. A drafting meeting shall be held at the request of the evaluated Member State, no later than five working days from the receipt of the comments from the evaluated Member State. The comments of the evaluated Member State shall be fully reflected in the evaluation report. |
Amendment 69
Proposal for a regulation
Article 21 — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. Where the draft evaluation report includes findings related to the activities of a Union body, office or agency involved in the implementation of the Schengen acquis, the procedure set out in paragraph 6 shall apply mutatis mutandis. |
Amendment 70
Proposal for a regulation
Article 21 — paragraph 6 b (new)
Text proposed by the Commission |
Amendment |
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6b. The evaluation reports referred to in this Article and Article 23 of this Regulation shall contribute to the assessment of the effective application and implementation of the Charter in accordance with Article 15(1) of Regulation (EU) 2021/1060 of the European Parliament and of the Council (1a) and Annex III thereto. |
Amendment 71
Proposal for a regulation
Article 22 — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
After consulting the team, which has carried out the evaluation activity, the Commission shall provide observations on the adequacy of the action plan and, within one month from its submission, shall inform the evaluated Member State about its observations. The Council may invite Member States to provide comments on the action plan. |
After consulting the team, which has carried out the evaluation activity, the Commission shall provide observations on the adequacy of the action plan and, within one month from its submission, shall inform the evaluated Member State about its observations. The Council shall invite other Member States to comment on the action plan in the framework of enhanced political dialogue . |
Amendment 72
Proposal for a regulation
Article 22 — paragraph 3 — subparagraph 1
Text proposed by the Commission |
Amendment |
The evaluated Member State shall report to the Commission and the Council on the implementation of its action plan every six months from the adoption of the evaluation report until the Commission considers the action plan fully implemented. Depending on the nature of the deficiencies and the state of implementation of the recommendations, the Commission may require the evaluated Member State a different reporting frequency. |
The evaluated Member State shall report to the Commission and the Council on the implementation of its action plan every six months from the adoption of the evaluation report until the Commission considers the action plan fully implemented. Depending on the nature of the deficiencies and the state of implementation of the recommendations, the Commission may require the evaluated Member State a different reporting frequency. If, after 24 months from the adoption of the evaluation report, the Commission does not consider that all the recommendations have been sufficiently addressed and the action plan fully implemented, the European Parliament and the Council shall express their position on the matter through a reasoned decision. |
Amendment 73
Proposal for a regulation
Article 22 — paragraph 3 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Commission shall inform the European Parliament and the Council at least twice a year about the state of implementation of the action plans. The Commission shall in particular provide information about its observations on the adequacy of the action plans referred to in paragraph 2, the outcome of revisits and verification visits and whether it observes considerable lack of progress in the implementation of an action plan. |
The Commission shall inform the European Parliament, the Council and the national parliaments concerned at least twice a year about the state of implementation of the action plans. The Commission shall in particular provide information about its observations on the adequacy of the action plans referred to in paragraph 2, the outcome of revisits and verification visits and whether it observes considerable lack of progress in the implementation of an action plan. |
Amendment 74
Proposal for a regulation
Article 23 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The evaluated Member State shall take immediate remedial actions including, where necessary, mobilising all available operational and financial means. The evaluated Member State shall inform without delay the Commission and the Member States about the immediate remedial actions taken or planned. In parallel, the Commission shall inform the respective Union bodies, offices and agencies referred to in Article 7 of the serious deficiency in view of their possible support to the evaluated Member State. The Commission shall also inform the Council and the European Parliament. |
The evaluated Member State shall take immediate remedial actions including, where necessary, mobilising all available operational and financial means. The evaluated Member State shall inform without delay the Commission and the Member States about the immediate remedial actions taken or planned. In parallel, the Commission shall inform the respective Union bodies, offices and agencies referred to in Article 7 of the serious deficiency in view of their possible support to the evaluated Member State. The Commission shall also immediately inform the Council and the European Parliament and the national parliaments of the identified serious deficiency and the remedial actions, if any, already taken by the evaluated Member State . |
Amendment 75
Proposal for a regulation
Article 23 — paragraph 5 — subparagraph 1
Text proposed by the Commission |
Amendment |
The Council shall adopt recommendations within two weeks of receipt of the proposal. |
The Council shall adopt recommendations no later than ten days after the receipt of the proposal. |
Amendment 76
Proposal for a regulation
Article 23 — paragraph 5 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Council shall set time limits for the implementation of the recommendations related to a serious deficiency and specify the frequency of the reporting by the evaluated Member State to the Commission and the Council on the implementation of its action plan. |
The Council shall urgently discuss the matter and set short time limits for the implementation of the recommendations related to a serious deficiency and specify the frequency of the reporting by the evaluated Member State to the Commission and the Council on the implementation of its action plan. |
Amendment 77
Proposal for a regulation
Article 23 — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
The evaluated Member State shall submit to the Commission and the Council its action plan within one month of the adoption of the recommendations. The Commission shall transmit that action plan to the European Parliament. |
The evaluated Member State shall submit to the Commission and the Council its action plan within three weeks of the adoption of the recommendations. The Commission shall transmit that action plan to the European Parliament without any delay . |
Amendment 78
Proposal for a regulation
Article 23 — paragraph 7 — subparagraph 1
Text proposed by the Commission |
Amendment |
To verify the progress made in the implementation of the recommendations related to the serious deficiency, the Commission shall organise a revisit that is to take place no later than one year from the date of the evaluation activity. |
To verify the progress made in the implementation of the recommendations related to the serious deficiency, the Commission shall organise a revisit that is to take place no later than 180 days from the date of the evaluation activity. |
Amendment 79
Proposal for a regulation
Article 23 — paragraph 8
Text proposed by the Commission |
Amendment |
8. The Council shall express its position on the report. |
8. The Council shall express its position on the evaluation report and may invite the Commission to submit a proposal for recommendations for remedial actions aimed at addressing serious persisting deficiencies identified in the revisit report . Where the Commission submits such a proposal, paragraphs 6 and 7 shall apply. |
Amendment 80
Proposal for a regulation
Article 23 — paragraph 8 a (new)
Text proposed by the Commission |
Amendment |
|
8a. Where, after a revisit, a Member State does not satisfactorily implement an action plan following an evaluation that identified a serious deficiency, the Commission shall launch an infringement procedure against that Member State in accordance with the TFEU where it considers that that Member State failed to fulfil an obligation. |
Amendment 81
Proposal for a regulation
Article 23 — paragraph 10
Text proposed by the Commission |
Amendment |
10. If the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls, or a serious and systematic fundamental rights violation, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall immediately inform thereof the European Parliament and the Council. |
10. If the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls, or a serious and systematic fundamental rights violation, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall immediately inform the European Parliament and the Council thereof and shall inform them of infringement proceedings that are underway or will be brought against the evaluated Member State . |
Amendment 82
Proposal for a regulation
Article 26 — paragraph 2
Text proposed by the Commission |
Amendment |
2. The classification status of the reports shall be determined in accordance with Decision (EU, Euratom) 2015/444. They may also be classified as ‘EU RESTRICTED/RESTREINT UE’ on a duly justified request of the evaluated Member State. |
2. The classification status of the reports shall be determined in accordance with Decision (EU, Euratom) 2015/444. In exceptional cases, parts of the evaluation reports may also be classified as ‘EU RESTRICTED/RESTREINT UE’ on a duly justified request of the evaluated Member State. |
Amendment 83
Proposal for a regulation
Article 26 — paragraph 3
Text proposed by the Commission |
Amendment |
3. The transmission and handling of classified information and documents for the purposes of this Regulation shall take place in compliance with the applicable security rules. Such rules shall not preclude information being made available to the European Parliament and to relevant Union bodies, offices and agencies referred to in Article 7. |
3. The transmission and handling of classified information and documents for the purposes of this Regulation shall take place in compliance with the applicable security rules. Such rules shall not preclude information being made available to the European Parliament , national parliaments and to relevant Union bodies, offices and agencies referred to in Article 7. |
Amendment 84
Proposal for a regulation
Article 30 — paragraph 1
Text proposed by the Commission |
Amendment |
The Commission shall undertake a review of the application of this Regulation and submit a report to the Council within six months of the adoption of all evaluation reports regarding the evaluations covered by the first multiannual evaluation programme adopted in accordance with this Regulation. Such review shall cover all the elements of this Regulation, including the functioning of the procedures for adopting acts under the evaluation mechanism. The Commission shall submit that report to the European Parliament. |
The Commission shall undertake a review of the application of this Regulation and submit a report to the Council within six months of the adoption of all evaluation reports regarding the evaluations covered by the first multiannual evaluation programme adopted in accordance with this Regulation. Such review shall cover all the elements of this Regulation, including the functioning of the procedures for adopting acts under the evaluation mechanism. The Commission shall submit that report to the European Parliament without any delay . |
Amendment 85
Proposal for a regulation
Article 30 a (new)
Text proposed by the Commission |
Amendment |
|
Article 30a Revision Any future proposal from the Commission for amending the evaluation and monitoring mechanism to verify the application of the Schengen acquis shall be based on Article 77(2), point (b), TFEU. |
(36) OJ L 55, 28.2.2011, p. 13.
(36) OJ L 55, 28.2.2011, p. 13.
(37) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(37) Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1).
(38) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
(38) Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).
(39) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
(39) Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).
(47) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(47) Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
(1a) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
(1a) Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159).