1. For the purposes of this Regulation, the following definitions apply:
(1)
‘external borders’ means external borders as defined in point 2 of Article 2 of Regulation (EU) 2016/399;
(2)
‘internal borders’ means internal borders as defined in point 1 of Article 2 of Regulation (EU) 2016/399;
(3)
‘border authority’ means the border guard assigned in accordance with national law to carry out border checks as defined in point 11 of Article 2 of Regulation (EU) 2016/399;
(4)
‘immigration authority’ means the competent authority responsible, in accordance with national law, for one or more of the following:
(a)
checking within the territory of the Member States whether the conditions for entry to, or stay on, the territory of the Member States are fulfilled;
(b)
examining the conditions for, and taking decisions related to, the residence of third-country nationals on the territory of the Member States insofar as that authority does not constitute a ‘determining authority’ as defined in point (f) of Article 2 of Directive 2013/32/EU of the European Parliament and of the Council (35), and, where relevant, providing advice in accordance with Council Regulation (EC) No 377/2004 (36);
(c)
the return of third-country nationals to a third country of origin or transit;
(5)
‘visa authority’ means the visa authority as defined in point 3 of Article 4 of Regulation (EC) No 767/2008;
(6)
‘third-country national’ means any person who is not a citizen of the Union within the meaning of Article 20(1) TFEU, with the exception of persons who enjoy the right of free movement equivalent to that of Union citizens under agreements between the Union and its Member States, on the one hand, and third countries, on the other;
(7)
‘travel document’ means a passport or other equivalent document entitling the holder to cross the external borders and to which a visa may be affixed;
(8)
‘short stay’ means stays on the territory of the Member States of a duration of no more than 90 days in any 180-day period as referred to in Article 6(1) of Regulation (EU) 2016/399;
(9)
‘short-stay visa’ means visa as defined in point (a) of point 2 of Article 2 of Regulation (EC) No 810/2009 of the European Parliament and of the Council (37);
(10)
‘national short-stay visa’ means an authorisation issued by a Member State which does not apply the Schengen acquis in full with a view to an intended stay on the territory of that Member State of a duration of no more than 90 days in any 180-day period;
(11)
‘authorised stay’ means the exact number of days during which a third-country national is permitted to legally stay on the territory of the Member States, counting from the date of the entry in accordance with the applicable provisions;
(12)
‘Member State responsible’ means the Member State which has entered data in the EES;
(13)
‘verification’ means the process of comparing sets of data to establish the validity of a claimed identity (one-to-one check);
(14)
‘identification’ means the process of determining a person’s identity through a database search against multiple sets of data (one-to-many check);
(15)
‘alphanumeric data’ means data represented by letters, digits, special characters, spaces and punctuation marks;
(16)
‘fingerprint data’ means the data relating to the four fingerprints of the index, middle finger, ring finger and little finger from the right hand where present, and otherwise from the left hand;
(17)
‘facial image’ means digital images of the face;
(18)
‘biometric data’ means fingerprint data and facial image;
(19)
‘overstayer’ means a third-country national who does not fulfil or no longer fulfils the conditions relating to the duration of his or her authorised short stay on the territory of the Member States;
(20)
‘eu-LISA’ means the European Agency for the operational management of large-scale information systems in the area of freedom, security and justice established by Regulation (EU) No 1077/2011;
(21)
‘supervisory authorities’ means the supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and the supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680;
(22)
‘EES data’ means all data stored in the EES Central System in accordance with Article 14 and Articles 16 to 20;
(23)
‘law enforcement’ means the prevention, detection or investigation of terrorist offences or other serious criminal offences;
(24)
‘terrorist offence’ means an offence under national law which corresponds or is equivalent to one of the offences referred to in Directive (EU) 2017/541;
(25)
‘serious criminal offence’ means an offence which corresponds or is equivalent to one of the offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, if it is punishable under national law by a custodial sentence or a detention order for a maximum period of at least three years;
(26)
‘designated authority’ means an authority designated by a Member State pursuant to Article 29 as responsible for the prevention, detection or investigation of terrorist offences or of other serious criminal offences;
(27)
‘self-service system’ means a self-service system as defined in point 23 of Article 2 of Regulation (EU) 2016/399;
(28)
‘e-gate’ means an e-gate as defined in point 24 of Article 2 of Regulation (EU) 2016/399;
(29)
‘Failure To Enrol Rate’ (FTER) means the proportion of registrations with insufficient quality of the biometric enrolment;
(30)
‘False Positive Identification Rate’ (FPIR) means the proportion of returned matches during a biometric search which do not belong to the checked traveller;
(31)
‘False Negative Identification Rate’ (FNIR) means the proportion of missed matches during a biometric search even though the traveller’s biometric data were registered.
2. The terms defined in Article 4 of Regulation (EU) 2016/679 shall have the same meaning in this Regulation in so far as personal data are processed by the authorities of Member States for the purposes laid down in Article 6(1) of this Regulation.
3. The terms defined in Article 3 of Directive (EU) 2016/680 shall have the same meaning in this Regulation in so far as personal data are processed by the authorities of the Member States for the purposes laid down in Article 6(2) of this Regulation.