Multiannual evaluation programme
1. The Commission, where appropriate after consulting the relevant Union bodies, offices and agencies referred to in Article 7, shall establish a multiannual evaluation programme covering a period of 7 years at least 8 months before the beginning of the following 7-year period.
In each multiannual evaluation cycle, each Member State shall undergo one periodic evaluation, and may undergo, where appropriate, one or more thematic or unannounced evaluations, on the basis of risk analyses, new legislation or information obtained by the Commission in accordance with Articles 7 to 11.
2. The Commission shall establish the multiannual evaluation programme 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 Commission shall transmit the multiannual evaluation programme to the European Parliament and to the Council.
3. The multiannual evaluation programme may identify, where relevant, specific priority areas within the policy areas referred to in Article 1(3) to be covered by the periodic evaluations and shall include a provisional time schedule of those evaluations.
The multiannual evaluation programme shall set out a provisional list of Member States to be subject to periodic evaluations, without prejudice to adjustments made under paragraph 4 of this Article, in a given year. The provisional order in which the Member States are to be subject to a periodic evaluation shall take into account the time which has elapsed since the previous periodic evaluation. It shall also take into account the outcome of previous evaluations, the pace of implementation of the action plans and other relevant information at the Commission’s disposal, collected in accordance with Articles 7 to 11, as regards the practices of the Member States in the application of the Schengen acquis .
4. In the event of force majeure preventing the conduct of evaluations in accordance with the provisional time schedule established pursuant to paragraph 3, the Commission may, in agreement with the Member States concerned, make adjustments to the time schedule for the evaluations concerned.
The Commission shall inform the European Parliament and the Council about events referred to in the first subparagraph and of their anticipated impact on the scheduling of evaluations under the multiannual evaluation programme without delay.
Annual evaluation programme
1. The Commission shall establish, by means of an implementing act, an annual evaluation programme by 15 November of the year preceding that to which the programme relates. That annual evaluation programme shall be based on, in particular, the risk analyses and other information obtained by the Commission in accordance with Articles 7 to 11. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(2).
2. The annual evaluation programme shall include a provisional time schedule of the following evaluations:
(a)
periodic evaluations of Member States as specified in the multiannual evaluation programme;
(b)
first-time evaluations of a Member State;
(c)
where appropriate, thematic evaluations, including their theme, the Member States to be evaluated and the intended methods.
3. The Commission shall transmit the annual evaluation programme to the European Parliament and to the Council without delay.
In the event of force majeure preventing the conduct of evaluations in accordance with the provisional time schedule established pursuant to paragraph 2, the Commission may, in agreement with the Member States concerned, make adjustments to the time schedule for the evaluations concerned.
The Commission shall inform the European Parliament and the Council about events referred to in the second subparagraph and of their anticipated impact on the scheduling of evaluations under the annual evaluation programme without delay.
Standard questionnaire
1. The Commission shall, by means of an implementing act, establish and update a standard questionnaire. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30(2).
In drawing up the questionnaire, the Commission may consult the relevant Union bodies, offices and agencies referred to in Article 7.
2. The standard questionnaire shall cover the implementation of the relevant legislation as well as the organisational and technical means available for the implementation of the Schengen acquis , including those referred to in handbooks, the Schengen catalogues and relevant statistical data.
3. By 1 July each year, the Commission shall send the standard questionnaire to those Member States which are to undergo periodic evaluations in the following year in accordance with the annual evaluation programme.
Member States referred to in the first subparagraph shall provide the Commission with their replies by 31 October of the same year.
The Commission shall make the replies referred to in the second subparagraph available to the other Member States.
4. On the request of the Commission, the evaluated Member States shall update their replies to the standard questionnaire and answer, if requested, complementary questions before specific evaluations. Member States may also provide the findings of national quality-control mechanisms and internal audits, where relevant.
