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Entry/Exit System (EES) Regulation In force since 29 December 2017

Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States
32017R2226 · official text on EUR-Lex

This English text is a careful, terminology-researched translation prepared by eucite.com — not an official government translation. The German original linked above is the legally authoritative text.

Articles

Chapter I GENERAL PROVISIONS

• Article 1 — Subject matter
• Article 2 — Scope
• Article 3 — Definitions
• Article 4 — Borders at which the EES is operated and use of the EES at those borders
• Article 5 — Set-up of the EES
• Article 6 — Objectives of the EES
• Article 7 — Technical architecture of the EES
• Article 8 — Interoperability with the VIS
• Article 9 — Access to the EES for entering, amending, erasing and consulting data
• Article 10 — General principles
• Article 11 — Automated calculator and obligation to inform third-country nationals on the remaining authorised stay
• Article 12 — Information mechanism
• Article 13 — Web service

Chapter II ENTRY AND USE OF DATA BY COMPETENT AUTHORITIES

• Article 14 — Procedures for entering data in the EES
• Article 15 — Facial image of third-country nationals
• Article 16 — Personal data of third-country nationals subject to a visa requirement
• Article 17 — Personal data of visa-exempt third-country nationals
• Article 18 — Personal data of third-country nationals who have been refused entry
• Article 19 — Data to be added where an authorisation for short stay is revoked, annulled or extended
• Article 20 — Data to be added in case of rebuttal of the presumption that a third-country national does not fulfil the conditions of duration of authorised stay
• Article 21 — Fall-back procedures where it is technically impossible to enter data or in the event of failure of the EES
• Article 22 — Transitional period and transitional measures
• Article 23 — Use of data for verification at the borders at which the EES is operated

Chapter III USE OF THE EES BY OTHER AUTHORITIES

• Article 24 — Use of the EES for examining and deciding on visas
• Article 25 — Use of the EES for examining applications for access to national facilitation programmes
• Article 26 — Access to data for verification within the territory of the Member States
• Article 27 — Access to data for identification
• Article 28 — Keeping of data retrieved from the EES

Chapter IV PROCEDURE AND CONDITIONS FOR ACCESS TO THE EES FOR LAW ENFORCEMENT PURPOSES

• Article 29 — Member States’ designated authorities
• Article 30 — Europol
• Article 31 — Procedure for access to the EES for law enforcement purposes
• Article 32 — Conditions for access to EES data by designated authorities
• Article 33 — Procedure and conditions for access to EES data by Europol

Chapter V RETENTION AND AMENDMENT OF THE DATA

• Article 34 — Data retention period
• Article 35 — Amendment of data and advance data erasure

Chapter VI DEVELOPMENT, OPERATION AND RESPONSIBILITIES

• Article 36 — Adoption of implementing acts by the Commission prior to development
• Article 37 — Development and operational management
• Article 38 — Responsibilities of Member States and Europol
• Article 39 — Responsibility for data processing
• Article 40 — Keeping of data in national files and national entry/exit systems
• Article 41 — Communication of data to third countries, international organisations and private entities
• Article 42 — Conditions for communication of data to a Member State which does not yet operate the EES and to a Member State to which this Regulation does not apply
• Article 43 — Data security
• Article 44 — Security incidents
• Article 45 — Liability
• Article 46 — Keeping of logs by eu-LISA and Member States
• Article 47 — Self-monitoring
• Article 48 — Penalties
• Article 49 — Data Protection

Chapter VII RIGHTS AND SUPERVISION ON DATA PROTECTION

• Article 50 — Right of information
• Article 51 — Information campaign
• Article 52 — Right of access to, rectification, completion and erasure of personal data, and of restriction of the processing thereof
• Article 53 — Cooperation to enforce the rights on data protection
• Article 54 — Remedies
• Article 55 — Supervision by the supervisory authority
• Article 56 — Supervision by the European Data Protection Supervisor
• Article 57 — Cooperation between supervisory authorities sssand the European Data Protection Supervisor
• Article 58 — Protection of personal data accessed in accordance with Chapter IV
• Article 59 — Logging and documentation

Chapter VIII AMENDMENTS TO OTHER UNION INSTRUMENTS

• Article 60 — Amendment to the Convention implementing the Schengen Agreement
• Article 61 — Amendments to Regulation (EC) No 767/2008
• Article 62 — Amendments to Regulation (EU) No 1077/2011

Chapter IX FINAL PROVISIONS

• Article 63 — Use of data for reporting and statistics
• Article 64 — Costs
• Article 65 — Notifications
• Article 66 — Start of operations
• Article 67 — Ceuta and Melilla
• Article 68 — Committee procedure
• Article 69 — Advisory Group
• Article 70 — Training
• Article 71 — Practical handbook
• Article 72 — Monitoring and evaluation
• Article 73 — Entry into force and applicability