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Monitoring and evaluation Three years after the start of operations of the EES and every four years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include: an assessment of the application of this Regulation; an examination of the results achieved against objectives and the impact on fundamental rights; an assessment of the continuing validity of the underlying rationale of the EES; an assessment of the adequacy of the biometric data used for the proper functioning of the EES; an assessment of the use of stamps in the exceptional circumstances referred to in Article 21(2); an assessment of the security of the EES; an assessment of any implications, including any disproportionate impact on the flow of traffic at border crossing points and those with a budgetary impact on the Union budget. The evaluations shall include any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007 ().

Those evaluations shall also include an assessment of the use made of the provisions referred to in Article 60 both in terms of frequency — number of third-country nationals making use of these provisions per Member State, their nationality and average duration of their stay — and practical implications, and shall take into account any related developments in the Union’s visa policy. The first evaluation report may include options in view of phasing out the provisions referred to in Article 60 and replacing them with a Union instrument. It shall be accompanied, where appropriate, by a legislative proposal amending the provisions referred to in Article 60. While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to EES data for law enforcement purposes containing information and statistics on: whether the consultation was carried out for the purpose of identification or for entry/exit records, and the type of terrorist offence or serious criminal offence that led to the consultation;

the grounds given to substantiate the suspicion that the person concerned was covered by this Regulation; the grounds given not to launch the consultation of other Member States’ automated fingerprint identification systems under Decision 2008/615/JHA in accordance with point (b) of Article 32(2) of this Regulation; the number of requests for access to the EES for law enforcement purposes; the number and type of cases in which access to the EES for law enforcement purposes led to successful identifications; the number and type of cases in which the urgency procedures referred to in Article 31(2) and in the second subparagraph of Article 32(2) were used, including those cases where that urgency was not accepted by the ex post verification carried out by the central access point.

A technical solution shall be made available to Member States in order to facilitate the collection of the data listed in the first subparagraph of this paragraph for the purpose of generating statistics referred to in this paragraph. The Commission shall adopt implementing acts concerning the specifications of the technical solution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2). Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.