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Council Regulation (EU) 2022/922 of 9 June 2022 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

article  18

CELEX:  32022R0922

Establishment of the teams
1. The Commission shall define the number of Member State experts and Commission representatives participating in a team on the basis of the particularities and needs of the evaluation or monitoring activity. The maximum number of Commission representatives participating in a team shall be two. The minimum number of Member State experts in a team participating in an announced visit or an unannounced visit shall be three. The Commission shall select experts from the pool of experts to become members of a team. When establishing the teams for revisits and verification visits to a given Member State, the Commission and the Member States shall strive to ensure that at least half of the Member State experts in the team are the same as those who participated in the evaluation.
Council Regulation (EU) 2022/922 of 9 June 2022 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

article  18

CELEX:  32022R0922

2. In selecting experts, the Commission shall have regard to the profiles needed for a particular evaluation or monitoring activity, taking account of the need to ensure geographical balance and balance as regards professional experience, as well as the capacity of national administrations. Member State experts shall not participate in a team carrying out an evaluation or monitoring activity of the Member State where they are employed.
3. The Commission shall invite the selected experts immediately after the date of the evaluation or monitoring activity is set and no later than 10 weeks before the evaluation or monitoring activity is scheduled to commence. Invited experts shall respond within 1 week of receiving the invitation, in agreement with their designating authorities. Invitations referred to in the first subparagraph shall be sent via the designated national contact points.
Council Regulation (EU) 2022/922 of 9 June 2022 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

article  18

CELEX:  32022R0922

4. In the case of unannounced visits, the Commission shall send the invitations via the designated national contact points no later than 2 weeks before the visit is scheduled to commence. Invited experts shall respond within 72 hours of receiving the invitation, in agreement with their designating authorities.
5. The Commission may invite the relevant Union bodies, offices and agencies referred to in Article 7 to designate a representative with relevant professional and field experience to take part as an observer in an evaluation or monitoring activity in an area covered by their mandate. The time limits set out in paragraphs 3 and 4 of this Article shall apply for the invitation and the response.
6. If a Member State wishes to designate a trainee expert referred to in Article 16(2), it shall communicate that to the Commission at least 6 weeks before the evaluation is scheduled to commence.
7. The observers referred to in paragraph 5 shall support the team as requested by the lead experts, but they shall not participate in the internal decision-making process of the team. The trainee experts referred to in paragraph 6 shall not actively participate in the evaluation activity.
Council Regulation (EU) 2022/922 of 9 June 2022 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

article  18

CELEX:  32022R0922

8. If the Commission fails to obtain confirmation of the participation of the required number of experts from the pool at least 6 weeks before the evaluation or monitoring activity is scheduled to commence, or at least 1 week before in the case of an unannounced visit, the Commission shall without delay invite all Member States to designate qualified experts from outside the pool for the missing places. Member States shall respond within 72 hours of receipt of that invitation.
9. 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 lead experts shall be responsible in particular for the overall planning, preparatory activities, the organisation of the team, the carrying-out of the evaluation, the coordination of drafting the evaluation report, the presentation of the evaluation report and the recommendations, the quality check and follow-up, as well as relevant monitoring activities where appropriate.