Monitoring and evaluation
Article 72
1. eu-LISA shall ensure that procedures are in place to monitor the development of the EES in light of objectives relating to planning and costs and to monitor the functioning of the EES in light of objectives relating to the technical output, cost-effectiveness, security and quality of service. 2. By 30 June 2018, and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the EES Central System, the Uniform Interfaces and the Communication Infrastructure between the EES Central System and the Uniform Interfaces. That report shall contain detailed information about the costs incurred and information as to any risks which may impact the overall costs of the EES to be borne by the general budget of the Union in accordance with Article 64(1) and the first subparagraph of Article 64(2). Following the development of the EES, eu-LISA shall submit a report to the European Parliament and to the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved, as well as justifying any divergences. 3. For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the EES. 4. Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, to the Council and to the Commission a report on the technical functioning of EES, including the security thereof. 5. 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: (a) an assessment of the application of this Regulation; (b) an examination of the results achieved against objectives and the impact on fundamental rights; (c) an assessment of the continuing validity of the underlying rationale of the EES; (d) an assessment of the adequacy of the biometric data used for the proper functioning of the EES; (e) an assessment of the use of stamps in the exceptional circumstances referred to in Article 21(2); (f) an assessment of the security of the EES; (g) 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 ( 45 ) . 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. 6. The Member States and Europol shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 4 and 5 according to the quantitative indicators predefined by the Commission, eu-LISA, or both. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities. 7. eu-LISA shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5. 8. 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: (a) 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; (b) the grounds given to substantiate the suspicion that the person concerned was covered by this Regulation; (c) 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; (d) the number of requests for access to the EES for law enforcement purposes; (e) the number and type of cases in which access to the EES for law enforcement purposes led to successful identifications; (f) 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.