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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 20 CELEX: 32022R0922 1. The team shall draft an evaluation report following each evaluation. In preparing the evaluation report, the teams shall take account of the replies to the standard questionnaire, any additional information obtained in accordance with Articles 7 to 11 and verified during the evaluation activity, and the findings of the evaluation activity. The evaluation reports may include documentary and digital material to support the findings. Where an evaluation is carried out by means of a visit, the team shall draft the evaluation report during the visit. The team shall take overall responsibility for drafting the evaluation report and ensuring its integrity and quality. In the event of a disagreement, the team shall endeavour to reach a compromise. The Commission shall transmit the draft evaluation report containing the draft recommendations to the evaluated Member State within 4 weeks of the end of the evaluation activity. The evaluated Member State shall provide its comments on the draft evaluation report within 2 weeks of its receipt. A drafting meeting shall be held at the request of the evaluated Member State, no later than 5 working days from the receipt of the comments from the evaluated Member State. The comments of the evaluated Member State shall be reflected in the draft evaluation report where relevant. |
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 20 CELEX: 32022R0922 2. The evaluation report shall analyse the qualitative, quantitative, operational, administrative and organisational aspects and shall list the deficiencies, areas of improvement and best practices identified during the evaluation. 3. Findings may be assessed as one of the following: (a) best practice; (b) improvement necessary; (c) non-compliant. |
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 20 CELEX: 32022R0922 4. The Commission shall adopt the evaluation report by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(2). The evaluation report shall be adopted no later than 4 months after the end of the evaluation activity. 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 reasonable time limits established in cooperation with the Member State concerned for the implementation of recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 22 shall apply. The Commission shall transmit the evaluation report to the European Parliament and the Council no later than 14 days after the report is adopted. |
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 20 CELEX: 32022R0922 5. Where the evaluated Member State, within 10 working days from the drafting meeting, substantially contests the content of the draft evaluation report or the nature of a finding, the report to be adopted by the Commission shall be limited to findings and shall not contain recommendations. In such cases, and without prejudice to Article 22, the Commission shall submit, no later than 4 months after the end of the evaluation activity, a separate proposal to the Council for the adoption of recommendations by means of an implementing decision. The proposal may set reasonable time limits established in cooperation with the Member State for the implementation of recommendations and shall give an indication of priorities for implementing them. The Council shall adopt the recommendations and shall transmit them to European Parliament and the national parliaments. |