A year after two previous texts, the European Commission has adopted a new proposal seeking to strengthen the mechanism for the assessment of the correct application of standards part of the Schengen acquis. This mechanism aims to control the remaining obstacles verifying the elimination of controls at internal borders and to do more effective checks within national territory.

The new evaluation mechanism on the effective application of Schengen rules enhances the current system of periodic on-the-spot inspections in the Member States and introduces unannounced visits to ensure that Schengen rules are applied correctly at all times. The proposal introduces multiannual evaluation programmes for the on-site visits and provides clear rules for the follow-up to the findings of the evaluations.

This new specific evaluation mechanism is necessary in order to ensure both mutual trust between Member States and the capacity to effectively and efficiently apply all Schengen provisions, as it was highlighted by the report on the application of the Schengen Border Code published in October 2010. The evaluation mechanism sets up transparent, efficient and clear rules on the method to be applied for the evaluations, paying special attention to the respect of fundamental rights when applying the Schengen acquis. The proposal covers all parts of the Schengen cooperation, in particular external borders, visa policy, police cooperation and the Schengen Information System.

The current system of evaluation, which has been in place since 1999, does not fully reflect the current legal situation and has weaknesses regarding methodology and use of risk analysis. Although the the Commission already presented two proposals for the revision of the evaluation mechanism in 2009, the institutional has changed with the entry into force of the Lisbon Treaty. This revised proposal reflects the strengthened role of the European Parliament while taking into account Member States' views on the initial proposal.

The proposal only concerns verification that the Schengen acquis is correctly applied by those Member States who are already part of the Schengen area and cooperation. Verification of conditions for entering the Schengen zone remains under the full responsibility of the Council, who also holds the power of decision for entering the Schengen zone after consultation of the European Parliament.