Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification)

The presumption referred to in paragraph 1 may be rebutted where the third-country national provides, by any means, credible evidence, such as transport tickets or proof of presence outside the territory of the Member States or of the date of expiry of a previous residence permit or long-stay visa, that he or she has respected the conditions relating to the duration of a short stay.

Where the presumption referred to in paragraph 1 is not rebutted, a third-country national present on the territory of the Member States may be returned in accordance with Directive 2008/115/EC of the European Parliament and of the Council ([^E0019]).

For a period of 180 days after the EES has started operations, in order to verify on entry and exit, that persons admitted for a short stay have not exceeded the maximum duration of authorised stay and, where relevant, to verify on entry that persons have not exceeded the number of entries authorised by the short-stay visa issued for one or two entries, the border guards shall take into account the stays on the territory of the Member States during the 180 days preceding the entry or the exit by checking the stamps in the travel documents in addition to the entry/exit data recorded in the EES.

Where a person has entered the territory of the Member States before the EES has started operations and exits it after the EES has started operations, an individual file shall be created on exit in the EES and the date of that entry shall be entered in the entry/exit record in accordance with Article 16(2) of Regulation (EU) 2017/2226. The application of this paragraph shall not be limited to the 180-day period after the EES has started operations as referred to in paragraph 1. In the case of a discrepancy between the date of the entry stamp and the data recorded in the EES, the date of the entry stamp shall prevail.

The main purpose of border surveillance shall be to prevent or detect unauthorised border crossings, to contribute to raising situational awareness, to counter cross-border criminality and to take measures against persons who have crossed the border illegally. It shall also involve the carrying out of risk analyses. Without prejudice to Articles 3 and 4, a person who has crossed a border illegally and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC.

The border guards shall use all necessary resources, including stationary or mobile units, to carry out border surveillance. Border surveillance shall be carried out in such a way as to prevent and discourage persons from unauthorised border crossings between border crossing points or from circumventing the checks at border crossing points, and shall be carried out in full compliance with the obligations laid down in Article 4.

Surveillance between border crossing points shall be carried out by border guards whose numbers and methods shall be adapted to existing or foreseen risks and threats. It shall make use of situational pictures, to be better able to reduce the loss of lives of migrants at, along or in proximity of the external borders. It shall involve frequent and sudden changes to surveillance periods and other methods or techniques, in order to prevent or detect unauthorised border crossings effectively.

Surveillance shall be carried out by stationary or mobile units which perform their duties by patrolling or stationing themselves at places known or perceived to be sensitive. The aim of such surveillance is to prevent unauthorised border crossings or to apprehend individuals in connection with an unauthorised crossing of the external border. Surveillance may also be carried out by using technical means, including electronic means, equipment, surveillance systems and, where appropriate, all types of stationary and mobile infrastructure.

The Commission shall be empowered to adopt delegated acts in accordance with Article 37 of this Regulation concerning additional measures governing surveillance, including the development of common minimum standards for border surveillance. Those common minimum standards shall take into account the type of borders, i.e. land, sea or air borders, the impact levels attributed to each external border section in accordance with Article 34 of Regulation (EU) 2019/1896 of the European Parliament and of the Council ([^E0020]) and other relevant factors, such as geographical particularities.

A third-country national who does not fulfil all the entry conditions laid down in Article 6(1) and does not belong to the categories of persons referred to in Article 6(5) shall be refused entry to the territories of the Member States. This shall be without prejudice to the application of special provisions concerning the right of asylum and to international protection or the issue of long-stay visas.

Entry may only be refused by a substantiated decision stating the precise reasons for the refusal. The decision shall be taken by an authority empowered by national law. It shall take effect immediately.

Persons refused entry shall have the right to appeal. Appeals shall be conducted in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third-country national in accordance with national law shall also be given to the third-country national.

The border guards shall ensure that a third-country national refused entry does not enter the territory of the Member State concerned.

Member States shall collect statistics on the number of persons refused entry, the grounds for refusal, the nationality of the persons who were refused entry and the type of border (land, air or sea) at which they were refused entry and submit them yearly to the Commission (Eurostat) in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council ([^E0021]).

Detailed rules governing refusal of entry are given in Part A of Annex V.

The border control provided for by Articles 7 to 14 shall be carried out by border guards in accordance with the provisions of this Regulation and with national law.

Member States shall notify to the Commission the list of national services responsible for border control under their national law in accordance with Article 39.

To control borders effectively, each Member State shall ensure close and constant cooperation between its national services responsible for border control.

The Member States shall assist each other and shall maintain close and constant cooperation with a view to the effective implementation of border control, in accordance with Articles 7 to 16. They shall exchange all relevant information.

Operational cooperation between Member States in the field of management of external borders shall be coordinated by the Agency.

Without prejudice to the competences of the Agency, Member States may continue operational cooperation with other Member States and/or third countries at external borders, including the exchange of liaison officers, where such cooperation complements the action of the Agency.

Member States shall provide for training on the rules for border control and on fundamental rights. In that regard, account shall be taken of the common training standards as established and further developed by the Agency.

Member States which do not apply Article 22 at their common land borders may, up to the date of application of that Article, jointly control those common borders, in which case a person may be stopped only once for the purpose of carrying out entry and exit checks, without prejudice to the individual responsibility of Member States arising from Articles 7 to 14.

Member States shall inform the Commission of any arrangements concluded in accordance with paragraph 1.

The specific rules set out in Annex VII shall apply to checks on the following categories of persons:

Member States shall notify to the Commission the model cards issued by their Ministries of Foreign Affairs to accredited members of diplomatic missions and consular representations and members of their families in accordance with Article 39.

Where serious deficiencies in the carrying out of external border control are identified in an evaluation report drawn up pursuant to Article 14 of Regulation (EU) No 1053/2013, and with a view to ensuring compliance with the recommendations referred to in Article 15 of that Regulation, the Commission may recommend, by means of an implementing act, that the evaluated Member State take certain specific measures, which may include one or both of the following:

The Commission shall inform the committee established pursuant to Article 38(1) on a regular basis of the progress in the implementation of the measures referred to in paragraph 1 of this Article and on its impact on the deficiencies identified.

Where an evaluation report as referred to in paragraph 1 has concluded that the evaluated Member State is seriously neglecting its obligations and must therefore report on the implementation of the relevant action plan within three months in accordance with Article 16(4) of Regulation (EU) No 1053/2013, and where, following that three-month period, the Commission finds that the situation persists, it may trigger the application of the procedure provided for in Article 29 of this Regulation where all the conditions for doing so are fulfilled.

This Article shall apply to large-scale public health emergencies.

The Council, on the basis of a proposal by the Commission, may adopt an implementing Regulation providing for temporary restrictions on travel to the Member States to be applied at the external borders.

The following categories of persons shall be exempted from the restrictions on entry, independent of the purpose of their travel:

Categories of persons listed in Annex XI, part A, shall be exempted from restrictions on entry.

Any category of persons listed in Annex XI, part B, shall be exempted from restrictions on entry where that category is included in the implementing regulation referred to in paragraph 2.

The implementing Regulation referred to in paragraph 2 shall, where appropriate:

Restrictions on entry to the Member States for persons undertaking essential travel shall be imposed only exceptionally, for a strictly limited period of time, until sufficient information about the large-scale public health emergencies referred to in paragraph 1„ is available and until the Council, on a proposal by the Commission, identifies and adopts alternative health-related restrictions that are necessary to protect public health and that are to be applied to those persons.

Without prejudice to Article 22, this Article lays down the procedure for the transfer of a third-country national apprehended in border areas as referred to in Article 23, in circumstances where the following conditions are fulfilled:

By way of derogation from Article 6(1) of Directive 2008/115/EC, the competent authorities of a Member State may, where the conditions laid down in paragraph 1 of this Article are met, decide to immediately transfer the third-country national concerned to the Member State from which the person arrived, in accordance with the procedure set out in Annex XII.

Third-country nationals apprehended in border areas and transferred under the procedure in this Article shall have the right to appeal. Appeals against the transfer decision shall be conducted in accordance with national law of the transferring Member State. Those third-country nationals shall be provided with an effective remedy in accordance with Article 47 of the Charter. A written indication of contact points able to provide information on representatives competent to act on behalf of those third-country nationals in accordance with national law shall also be given to them by the transferring Member State in a language that they understand or are reasonably supposed to understand. Lodging such an appeal shall not have suspensive effect.

Where a transferring Member State applies the procedure referred to in paragraph 2, the receiving Member State shall be required to take all measures necessary to receive the third-country national concerned in accordance with the procedures set out in Annex XII. All relevant provisions of Directive 2008/115/EC shall apply in the receiving Member State.

Member States shall define practical arrangements under their bilateral cooperation frameworks, including with a view to, as a rule, avoiding the use of the procedure referred to in this Article, in particular on the sections of the internal borders where border control has been reintroduced or prolonged.

The procedure laid down in this Article is without prejudice to existing bilateral agreements or arrangements as referred to in Article 6(3) of Directive 2008/115/EC.

From 11 July 2025 and annually thereafter, Member States shall submit to the Commission the data recorded in accordance with Annex XII, part A, point 4.

Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders.

In all cases, border control at internal borders shall be reintroduced only as a measure of last resort. The scope and duration of the temporary reintroduction of border control shall not exceed what is strictly necessary to respond to the serious threat identified.

Where the same serious threat persists, border control at internal borders may be prolonged in accordance with Articles 25a or 29, or, where the threat relates to large-scale public health emergencies, Article 28.

Where a serious threat to public policy or internal security in a Member State is unforeseeable and requires immediate action, the Member State may, on an exceptional basis, immediately reintroduce border control at internal borders.

At the same time as reintroducing border control at internal borders under paragraph 1 of this Article, the Member State shall notify the European Parliament, the Council, the Commission and the other Member States of the reintroduction of border control, in accordance with Article 27(1).

Where a Member State reintroduces border control at internal borders under paragraph 1, the border control shall remain in place no longer than 1 month. If the serious threat to public policy or internal security persists for longer than that period, the Member State may prolong border control at internal borders for further periods, up to a maximum duration not exceeding three months.

Where a serious threat to public policy or internal security is foreseeable in a Member State, the Member State shall notify the European Parliament, the Council, the Commission and the other Member States in accordance with Article 27(1), at the latest 4 weeks before the planned reintroduction of border control, or as soon as possible where the circumstances giving rise to the need to reintroduce border control at internal borders become known to the Member State less than 4 weeks before the planned reintroduction.

Where paragraph 4 of this Article applies, and without prejudice to paragraph 6, border control at internal borders may be reintroduced for a period of up to six months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to 6 months. Any prolongation shall be notified to the European Parliament, the Council and the Commission and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4 of this Article. Subject to paragraph 6 of this Article, the maximum duration of border control at internal borders shall not exceed 2 years.

Where a Member State considers that there is a major exceptional situation with regard to a persisting serious threat justifying the continued need for border control at internal borders in excess of the maximum period referred to in paragraph 5 of this Article it shall notify the European Parliament, the Council and the Commission and the other Member States of its intention to prolong internal border control for an additional period of up to 6 months. That notification shall be made at the latest 4 weeks before the planned prolongation and, taking into account the opinion of the Commission issued pursuant to Article 27a(3), shall include a risk assessment in accordance with Article 26(2):

To establish whether the reintroduction of border control at internal borders is necessary and proportionate in accordance with Article 25(2), a Member State shall in particular assess:

Where border control at internal borders has been in place for 6 months in accordance with Article 25a(5), the Member State concerned shall carry out a risk assessment, which, in addition to the elements contained in Article 27, paragraphs 2 and 3, shall also include a reassessment of the criteria laid down in paragraph 1 of this Article.

Where border control at internal borders has been reintroduced or prolonged, the Member States concerned shall ensure that it is accompanied by appropriate measures that mitigate the impact resulting from the reintroduction of border control on persons and the transport of goods, giving particular consideration to the strong social and economic ties between cross-border regions, and to persons undertaking essential travel.

Notifications by Member States of the reintroduction or prolongation of border control at internal borders shall contain the following information:

Where border control has been in place for 6 months in accordance with Article 25a(5), any subsequent notification for the prolongation of such control shall include a risk assessment. The risk assessment shall present the scale and anticipated evolution of the serious threat, in particular how long the serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by the border control at internal borders.

Where Member States reintroduce or prolong border control because of a situation referred to in Article 25(1) point (c), the assessment required by paragraph 1, point (e), of this Article shall also include a risk assessment and information on the sudden large-scale unauthorised movements, including any information obtained from the relevant Union agencies in line with their respective mandates and data analysis from relevant information systems.

The Member State concerned shall upon request, provide the Commission any further information, including on the coordination measures with the Member States affected by the planned prolongation of border control at internal borders as well as further information needed to assess the possible use of measures referred to in Articles 23 and 23a.

Member States shall not be required to provide all the information referred to in paragraphs 1 to 4 of this Article in cases justified on public security grounds, taking into account the confidentiality of ongoing investigations. Member States submitting a notification under paragraph 1 or 2 may, where necessary and in accordance with national law, decide to classify all or parts of the notified information, in particular the risk assessments. Such classification shall not preclude access to information, through appropriate and secure channels, by the other Member States affected by the temporary reintroduction of border control at internal borders. Such classification shall not preclude information from being made available by the Member States to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament under this Article shall not include the risk assessments referred to in paragraph 2 and shall comply with rules concerning the forwarding and handling of classified information.

The Commission shall adopt an implementing act to establish the template referred to in the third subparagraph of paragraph 1 of this Article and shall make the template available online. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38(2).

Following receipt of notifications, submitted under Article 27(1), the Commission may, on its own initiative, or shall, at the request of a Member State directly affected by border control at internal borders, establish a consultation process including joint meetings between the Member State that is planning to reintroduce or prolong border control at internal borders, and the other Member States, especially those directly affected by such measures and the relevant Union agencies.

Following the receipt of notifications submitted in relation to the reintroduction or prolongation of border control at internal borders, the Commission shall, or any Member State may, without prejudice to Article 72 TFEU, issue an opinion, if, based on the information contained in the notification and risk assessment, where appropriate, or any additional information, they have concerns as regards the necessity or proportionality of the planned reintroduction or prolongation of border control at internal borders.

Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border control at internal borders for 12 months in total, the Commission shall issue an opinion on the necessity and proportionality of such border control.

Where an opinion referred to in paragraphs 2 or 3 is issued, the Commission shall establish a consultation process, in accordance with paragraph 1, in order to discuss the opinion with the Member States.

Where the Commission establishes that there is a large-scale public health emergency that affects several Member States, putting at risk the overall functioning of the area without internal border control, it may make a proposal to the Council to adopt an implementing decision authorising the reintroduction of border control by Member States, including any appropriate mitigating measures to be established at national and Union level, where the available measures referred to in Articles 21a and 23 are not sufficient to address the large-scale public health emergency. The Member States may request the Commission to submit such a proposal to the Council.

The Council implementing decision referred to in paragraph 1 shall cover a period of up to 6 months and may be renewed, upon proposal from the Commission, for further periods of up to 6 months as long as the large-scale public health emergency persists, taking into account the review referred to in paragraph 4.

Where Member States reintroduce or prolong border control because of the large-scale public health emergency referred to in paragraph 1, that border control shall, as of the entry into force of the Council implementing decision referred to in paragraph 1, be based on that decision.

The Commission shall regularly review the evolution of the large-scale public health emergency as referred to in paragraph 1, as well as the impact of the measures adopted in accordance with the Council implementing decision referred to in that paragraph, with a view to assessing whether those measures remain justified and if not, to proposing the lifting of border control at internal borders as soon as possible.

Member States shall immediately notify the European Parliament, the Council, the Commission and the other Member States of a reintroduction of border control in accordance with the decision referred to in paragraph 1.

Member States may take other measures, as referred to in Article 23, in order to limit the scope of border control at internal borders. The Commission shall take those measures into account in the review referred to in paragraph 4 of this Article.

In exceptional circumstances, where the overall functioning of the area without internal border control is put at risk as a result of persistent serious deficiencies relating to external border control as referred to in Article 21 of this Regulation or as a result of the non-compliance of a Member State with a Council decision referred to in Article 19(1) of Regulation (EU) 2016/1624 of the European Parliament and of the Council ([^E0024]), and insofar as those circumstances constitute a serious threat to public policy or internal security within the area without internal border control or within parts thereof, border control at internal borders may be reintroduced in accordance with paragraph 2 of this Article for a period of up to six months. That period may be prolonged, no more than three times, for a further period of up to six months if the exceptional circumstances persist.

The Council may, as a last resort and as a measure to protect the common interests within the area without internal border control, where all other measures, in particular those referred to in Article 21(1), are ineffective in mitigating the serious threat identified, recommend that one or more Member States decide to reintroduce border control at all or at specific parts of their internal borders. The Council’s recommendation shall be based on a proposal from the Commission. The Member States may request the Commission to submit such a proposal to the Council for a recommendation.

In the event that the recommendation referred to in paragraph 2 is not implemented by a Member State, that Member State shall without delay inform the Commission in writing of its reasons.

On duly justified grounds of urgency relating to situations where the circumstances giving rise to the need to prolong border control at internal borders in accordance with paragraph 2 become known less than 10 days before the end of the preceding reintroduction period, the Commission may adopt any necessary recommendations by means of immediately applicable implementing acts in accordance with the procedure referred to in Article 38(3). Within 14 days of the adoption of such recommendations, the Commission shall submit to the Council a proposal for a recommendation in accordance with paragraph 2 of this Article.

This Article shall be without prejudice to measures that may be adopted by the Member States in the event of a serious threat to public policy or internal security under Articles 25, 27 and 28.

Where, as a last resort, the Council recommends in accordance with Article 29(2) the temporary reintroduction of border control at one or more internal borders or at parts thereof, it shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or internal security within the area without internal border control, and shall assess the proportionality of the measure in relation to that threat. That assessment shall be based on the detailed information submitted by the Member State(s) concerned and by the Commission and any other relevant information, including any information obtained pursuant to paragraph 2 of this Article. In making such an assessment, the following considerations shall in particular be taken into account:

Before adopting a proposal for a Council recommendation, in accordance with Article 29(2), the Commission may:

Within 4 weeks of the lifting of border control at internal borders, Member States which have carried out border control at internal borders shall present a report to the European Parliament, the Council and the Commission on the reintroduction and, where applicable, the prolongation of border control at internal borders.

Without prejudice to the paragraph 1, where border control are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of 12 months and 12 months thereafter if border control is exceptionally maintained.

The report shall outline, in particular, the initial and follow-up assessment of the necessity and proportionality of border control, the fulfilment of the criteria referred to in Articles 26, the operation of the checks, the practical cooperation with neighbouring Member States, the resulting impact on the free movement of persons in particular in the cross-border regions, the effectiveness of the reintroduction of border control at internal borders, including an ex post assessment of the necessity and proportionality of the reintroduction of border control.

The Commission shall adopt an implementing act to establish a uniform format for such report and shall make it available online. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 38(2).

The Commission may issue an opinion on that ex post assessment of the temporary reintroduction of border control at one or more internal borders or at parts thereof.

At least once per year, the Commission shall report to the European Parliament and to the Council jointly on the functioning of the area without internal border control (the ‘State of Schengen report’). The Commission may also discuss the State of Schengen report separately with the European Parliament and the Council. The report shall include a list of all decisions to reintroduce border control at internal borders taken during the relevant year, as well as the actions taken by the Commission with regard to the reintroduction of border control at internal borders. The report shall pay particular attention to border control that has been in place for longer than 12 months. It shall also include an assessment of the necessity and proportionality of the reintroduction and prolongations of border control in the period covered by that report as well as information on the trends within the area without internal border control as regards the unauthorised movements of third-country nationals, taking into account available information from the relevant Union agencies and data analysis from relevant information systems.

The Commission shall be empowered to adopt delegated acts in accordance with Article 37 concerning amendments to Annexes III, IV and VIII.

The Commission shall be empowered to adopt delegated acts in accordance with Article 37 to supplement this Regulation by adding in Annex XI, part B, categories of persons undertaking essential travel.

Where, in duly justified cases, regarding the nature of the large-scale public health emergency, imperative grounds of urgency so require, the procedure provided for in Article 37a shall apply to delegated acts adopted pursuant to paragraph 2 of this Article.

The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

The power to adopt delegated acts referred to in Article 13(5) and Article 36 shall be conferred on the Commission for an indeterminate period of time.

The delegation of powers referred to in Article 13(5) and Article 36 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

A delegated act adopted pursuant to Article 13(5) and Article 36 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Delegated acts adopted under this Article shall enter into force without delay and shall apply for as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 37(5). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council.

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Member States shall notify the Commission of:

The Commission shall make the information notified in conformity with paragraph 1 available to the Member States and the public through publication in the Official Journal of the European Union, C Series, and by any other appropriate means.

The travel documents of third-country nationals crossing the borders of the Member States referred to in Article 66(3) of Regulation (EU) 2017/2226 shall be systematically stamped on entry and exit.

By way of derogation from paragraph 1 of this Article, no stamp shall be affixed to the travel documents of third-country nationals referred to in Article 6a(3)(a), (b) and (f), Article 6a(3)(g)(i), (ii), (iii) and (vii) and Article 6a(3)(j).

The provisions of this Regulation that relate to the entry/exit data recorded in the EES and to the absence of such data in the EES, in particular Article 8(3)(a)(iiia) and (g)(iv), Article 8d(4)(d) and Article 12, shall apply mutatis mutandis to entry and exit stamps.

When a presumption as regards the fulfilment of conditions of duration of stay is rebutted in accordance with Article 12(2), the third-country national present on the territory of a Member State not yet operating the EES shall be entitled to have an indication inserted in his or her travel document of the date on which, and the place where, he or she crossed the external border or internal border of that Member State. A form as shown in Annex VIII may also be given to the third-country national.

The provisions on stamping set out in Annex IV shall apply.

The Member States referred to in Article 66(3) of Regulation (EU) 2017/2226 shall stamp the travel documents of third-country nationals whose entry for a short stay is refused at their border. The stamping shall be carried out in accordance with the specifications laid down in Annex V, part A, point 1(d).

The stamping obligations under paragraphs 1 to 6 shall apply until the date of start of operations of the EES in the Member State concerned.

In accordance with the Treaties and without prejudice to their provisions on infringement procedures, the implementation by each Member State of this Regulation shall be evaluated through an evaluation mechanism.

The rules on the evaluation mechanism are specified in Regulation (EU) No 1053/2013. In accordance with that evaluation mechanism, the Member States and the Commission are, jointly, to conduct regular, objective and impartial evaluations in order to verify the correct application of this Regulation and the Commission is to coordinate the evaluations in close cooperation with the Member States. Under that mechanism, every Member State is evaluated at least every five years by a small team consisting of Commission representatives and of experts designated by the Member States.

In the case of possible deficiencies recommendations for remedial action may be addressed to the Member States concerned.

The European Parliament and the Council shall be informed at all stages of the evaluation and be transmitted all the relevant documents, in accordance with the rules on classified documents.

The European Parliament shall be immediately and fully informed of any proposal to amend or to replace the rules laid down in Regulation (EU) No 1053/2013.