1. The EES shall include an automated calculator that indicates the maximum duration of authorised stay for third-country nationals registered in the EES.
The automated calculator shall not apply to third-country nationals:
(a)
who are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and
(b)
who do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.
2. The automated calculator shall inform the competent authorities:
(a)
on entry, of the maximum duration of authorised stay of third-country nationals and whether the number of authorised entries of a short-stay visa issued for one or two entries has been exhausted;
(b)
during checks or verifications carried out within the territory of the Member States, of the remaining authorised stay or duration of overstay of the third-country nationals;
(c)
on exit, of any overstay of third-country nationals;
(d)
when examining and deciding on short-stay visa applications, of the maximum remaining duration of authorised stay based on intended entry dates.
3. The border authorities shall inform the third-country national of the maximum duration of authorised stay, which shall take into account the number of entries and the length of stay authorised by the visa in accordance with Article 8(9) of Regulation (EU) 2016/399. That information shall be provided either by the border guard at the moment of the border checks or by means of equipment installed at the border crossing point enabling the third-country national to consult the web service as referred to in Article 13(1) and (2) of this Regulation.
4. For third-country nationals subject to a visa requirement staying on the basis of a short-stay visa or a national short-stay visa in a Member State which does not yet apply the Schengen acquis in full but operates the EES, the automated calculator shall not indicate the authorised stay based on the short-stay visa or the national short-stay visa.
In the case referred to in the first subparagraph, the automated calculator shall only verify:
(a)
compliance with the overall limit of 90 days in any 180-day period; and
(b)
for short-stay visas, compliance with the period of validity of such visas.
5. For the purpose of verifying whether third-country nationals holding a short-stay visa issued for one or two entries have already used the number of entries authorised by their short-stay visa, the automated calculator shall only take into account entries into the territory of Member States which apply the Schengen acquis in full. That verification shall not be carried out, however, at the entry into the territory of Member States which do not yet apply the Schengen acquis in full but operate the EES.
6. The automated calculator shall also apply to short stays based on a short-stay visa with limited territorial validity issued pursuant to point (b) of Article 25(1) of Regulation (EC) No 810/2009. In that case, the automated calculator shall take into account the authorised stay as defined by such a visa, irrespective of whether the cumulative stay of the third-country national concerned exceeds 90 days in any 180-day period.