Council Regulation (EU) 2022/922 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

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Series Details L 160, Pages 1-27
Publication Date 15/06/2022
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Summary:

Council Regulation (EU) 2022/922 - formally adopted by the Council of the European Union on 9 June 202 - concerning the establishment and operations of an evaluation and monitoring mechanism aimed at verifying the application of the Schengen acquis. It also repeals Regulation (EU) No 1053/2013.

Further information:

This Regulation establishes an evaluation and monitoring mechanisms for the purpose of ensuring that participating Member States apply the Schengen acquis effectively, efficiently and correctly. It also repeals Regulation (EU) No 1053/2013, which established a framework for a specific mechanism designed to verify the application of the EU's Schengen legislation. Such a mechanism became necessary to maintain a high level of mutual trust among participating Member States and thereby contribute to a well-functioning Schengen area.

A report published in November 2020 assessed the functioning of all elements of that Regulation. It identified significant shortcomings in the cumbersome process of the mechanism, and political weakness of Council recommendations in forcing Member States to take rapid action. The mechanism also appeared not to generate enough trust among Member States. Overall, the rigidity of the mechanism was seen as preventing it to adapt to new circumstances and new operational and legislative developments.

The draft law tabled by the European Commission on 2 June 2021 - alongside a new strategy on the future of the Schengen area - aimed at addressing the shortcomings and updating the mechanism. The Council of the European Union adopted its general approach on 3 March 2022. The plenary of the European Parliament adopted a legislative resolution concerning this proposal on 7 April. The draft Act was formally endorsed by the Council on 9 June 2022 and published in the Official Journal on 15 June 2022.

Related Links
Official
EUR-LEX: COM(2021)278: Proposal for a Council Regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:278:FIN
EUR-LEX: SWD(2021)119: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:119:FIN
EUR-LEX: SWD(2021)120: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:120:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on the Schengen evaluation mechanism (2021/0140(CNS)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2021/0140(CNS)
European Parliament: Legislative Train Schedule: Revision of Schengen Evaluation Mechanisms https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-revision-of-schengen-evaluation-mechanism
European Commission: DG Migration and Home Affairs: Schengen evaluation and monitoring https://ec.europa.eu/home-affairs/policies/schengen-borders-and-visa/schengen-area/schengen-evaluation-and-monitoring_en
European Commission: Press Release, 02/06/2021: Towards a stronger and more resilient Schengen area https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2708
European Commission: Towards a stronger and more resilient Schengen area: Questions and Answers (2 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_2707
European Commission: Remarks by Commissioner Johansson at the press conference on a stronger and more resilient Schengen area (2 June 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_2841
Finnish Government: Press Release, 08/07/2021: Revision of Schengen evaluation mechanism enhances trust between Member States https://valtioneuvosto.fi/en/-//1410869/revision-of-schengen-evaluation-mechanism-enhances-trust-between-member-states
Council of the European Union: Press Release, 03/03/2022: Schengen area: Council adopts general approach on an enhanced evaluation mechanism https://www.consilium.europa.eu/en/press/press-releases/2022/03/03/schengen-area-council-adopts-general-approach-on-an-enhanced-evaluation-mechanism/

Commentary and Analysis
EPRS: Briefing, October 2021: Improving the Schengen evaluation and monitoring mechanism - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)694228

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