Monitoring scheme for the EU’s border-free area

This law creates a framework for a specific monitoring mechanism designed to verify the application of the European Union's so-called ‘Schengen’ legislation. It aims to ensure that high uniform standards are applied in practice by those European Union countries in the Schengen area - an area comprising 26 countries, 22 of which are EU countries and four of which are non-EU. In this area, no internal border controls are applied.

ACT

Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen.

SUMMARY

The main objective of the evaluation and monitoring mechanism is to ensure a high level of mutual trust between countries belonging to the ‘Schengen area’ in respect of their capacity to properly implement the relevant rules in all fields of the Schengen EU legislation (the ‘Schengen acquis ’).

SCOPE OF THE MECHANISM

The evaluation mechanism covers all aspects of the legislation in this field. As regards borders, it aims to cover both the efficiency of the border controls at external borders and the absence of internal border controls.

EU countries and the Commission are to assume joint responsibility for the implementation of the whole mechanism, with the Commission providing the overall coordination.

ANNOUNCED AND UNANNOUNCED INSPECTIONS

To implement the evaluation mechanism, a multiannual (5-year) and an annual programme of inspections is to be set up under the coordination of the Commission. These evaluations should take place regularly on the territory of all the Schengen states in the form of announced and unannounced inspections.

ACTION PLAN TO ADDRESS DEFICIENCIES

On-site evaluations must be carried out by specially trained experts appointed by the EU countries and selected in a neutral manner, based on a risk analysis by the Frontex agency (relating to external borders) and the support of Europol, Eurojust and other relevant EU bodies in the areas covered by their mandates.

Following this analysis and the findings of the on-site inspection, a report is prepared by the experts under the coordination of the Commission. A range of recommendations may then be sent to the EU country inspected. Where that country’s implementation of the legislation is considered lacking or there is serious neglect of its obligations, it must submit an action plan addressing these issues.

MONITORING AND FOLLOW-UP

A report on the implementation of such an action plan must be submitted every 6 months to the Commission and other EU countries to confirm that the EU country monitored has taken the required measures and steps to remedy the weaknesses. A range of other regular reports may follow to track the implementation of the measures. If necessary, the Commission may set up new control inspections.

RELATED ACT

Regulation (EU) No 1051/2013 of the European Parliament and of the Council of 22 October 2013 amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances (Official Journal L 295, 6 November 2013, p. 1-10).

last update 06.10.2014