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 and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011

• Published date: 09 October 2018
• Official Gazette Publication: Official Journal of the European Union, L 327, 9 December 2017

02017R2226 — EN — 11.06.2019 — 002.001

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►B 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 and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327 9.12.2017, p. 20)

Amended by:

		Official Journal
		No	page	date
►M1	REGULATION (EU) 2018/1240 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 September 2018	L 236	1	19.9.2018
►M2	REGULATION (EU) 2019/817 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019	L 135	27	22.5.2019

Corrected by:

►C1	Corrigendum, OJ L 258, 15.10.2018, p. 5 (2017/2226)
►C2	Corrigendum, OJ L 117, 3.5.2019, p. 14 (2017/2226)

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▼B

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 and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1. This Regulation establishes an ‘Entry/Exit System’ (EES) for:

(a)the recording and storage of the date, time and place of entry and exit of third–country nationals crossing the borders of the Member States at which the EES is operated;

(b)the calculation of the duration of the authorised stay of such third-country nationals;

(c)the generation of alerts to Member States when the authorised stay has expired; and

(d)the recording and storage of the date, time and place of refusal of entry of third-country nationals whose entry for a short stay has been refused, as well as the authority of the Member State which refused the entry and the reasons therefor.

2. For the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences, this Regulation also lays down the conditions under which Member States’ designated authorities and Europol may obtain access to the EES for consultation.

▼M2

3. By storing identity data, travel document data and biometric data in the common identity repository (CIR) established by Article 17(1) of Regulation (EU) 2019/817 of the European Parliament and of the Council (1), the EES contributes to facilitating and assisting in the correct identification of persons registered in the EES under the conditions and for the purposes of Article 20 of that Regulation.

▼B

Article 2

Scope

1. This Regulation applies to:

(a)third-country nationals admitted for a short stay to the territory of the Member States who are subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the borders at which the EES is operated; and

(b)third-country nationals, on entry to and exit from the territory of the Member States, who:

(i)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

(ii)do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Council Regulation (EC) No 1030/2002 (2).

2. This Regulation also applies to third-country nationals whose entry for a short stay to the territory of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.

3. This Regulation does not apply to:

(a)third–country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive, whether or not they accompany or join that Union citizen;

(b)third-country nationals who are members of the family of a national of a third country, whether or not they accompany or join that national of a third country, where:

(i)that national of a third country enjoys 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

(ii)those third-country nationals hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;

(c)holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399 other than those covered by points (a) and (b) of this paragraph;

(d)third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU of the European Parliament and of the Council (3) or Directive (EU) 2016/801 of the European Parliament and of the Council (4);

(e)holders of long-stay visas;

(f)nationals of Andorra, Monaco and San Marino and ►C1 holders of a passport issued by the Vatican City State or the Holy See; ◄

(g)persons or categories of persons exempt from border checks or benefiting from specific rules in relation to border checks as referred to in point (g) of Article 6a(3) of Regulation (EU) 2016/399;

(h)persons or categories of persons referred to in points (h), (i), (j) and (k) of Article 6a(3) of Regulation (EU) 2016/399.

4. The provisions of this Regulation regarding the calculation of the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who:

(a)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)do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.

Article 3

Definitions

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 (5), and, where relevant, providing advice in accordance with Council Regulation (EC) No 377/2004 (6);

(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 (7);

(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)...