The Schengen area without internal border controls relies on the effective and efficient application of the Schengen rules by the Member States. These rules include measures to secure external borders, measures to compensate for the absence of controls at internal borders and a strong monitoring framework. These measures strengthen free movement and ensure a high level of security, justice and protection of fundamental rights, including the protection of personal data.
The Schengen evaluation and monitoring mechanism is the key safeguard to ensure that the Schengen area functions well. This mechanism works through a peer-to-peer approach. A team composed of Member State and Commission experts, supported by EU agencies and bodies, evaluates every Member State and Schengen Associated Country fully applying the Schengen rules at least once every seven years.
Commission report and recommendation
An evaluation is followed by a Commission report which includes recommendations for remedial action that the evaluated country should undertake, and the priorities for implementing them and deadlines for the implementation.
Within two months of the report’s adoption, the concerned Member State is required to submit an action plan setting out how it intends to fix identified weaknesses.
The Commission, Frontex or other EU bodies, agencies or offices can assist Member States in fulfilling the recommendations through practical and financial support.
Remedy of serious deficiencies
The mechanism ensures that in case deficiencies, which have a negative impact on the functioning of Schengen (‘serious deficiency’), are identified, the evaluated Member State takes prompt action.
In this case, the follow-up to the evaluation activity will be quicker. Furthermore, a revision of the implementation of corrective actions must be done within one year after the evaluation. The Commission will immediately inform the Council and the European Parliament about a serious deficiency.
In exceptional circumstances if persistent serious deficiencies in a Member State’s external borders control have been identified and the actions taken by the Member State are not sufficient, border controls may be reintroduced temporarily.
Third generation of Schengen evaluations
In 2022, a new framework for the Schengen evaluations was adopted, leading to more streamlined and comprehensive country recommendations. It initiated a third generation of Schengen evaluations, moving away from fragmented, policy area-based compliance evaluations and leading to thorough assessments of Member States’ overall performance.
In line with the evaluation programme 2023-2029, the overall performance of the following Member States was assessed in 2023. The evaluation covers the application of the Schengen rules since the entry into force of the new Schengen evaluation and monitoring mechanism Regulation:
Finland
A Schengen evaluation team composed of Commission and Member State experts, accompanied by observers from Agencies carried out the Schengen evaluation of Finland in May-June 2023.
The evaluation assessed Finland’s implementation of the Schengen rules, considering their geographical position, responsible for securing the longest EU land border with Russia on behalf of all Schengen countries. The report concludes that Finland is implementing effectively European integrated border management measures. However, further efforts are needed to strengthen the land border surveillance and to close gaps in the law enforcement cooperation. The evaluation also identifies good operational solutions addressing common challenges.
Finland will submit an Action Plan within two months of the evaluation report’s adoption which will be monitored by the Commission to ensure its swift implementation.
Lithuania
A Schengen evaluation team composed of Commission and Member State experts, accompanied by observers from Agencies carried out the Schengen evaluation of Lithuania in May-June 2023.
The evaluation revealed that despite the migratory and security challenges at the eastern land border with Belarus, Lithuania is effectively implementing the Schengen acquis. However, some measures to swiftly deal with crisis situations have an important impact on the protection of fundamental rights. The report identifies several best practices supporting the effective implementation of the Schengen rules.
In accordance with the requirements of the Schengen evaluation mechanism, Lithuania has submitted an Action Plan, which is monitored by the Commission.