(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.
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
Modified by
- Regulation (EU) 2018/1240 of the European Parliament and of the Councilof 12 September 2018establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226, 32018R1240, September 19, 2018
- Regulation (EU) 2019/817 of the European Parliament and of the Councilof 20 May 2019on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, 32019R0817, May 22, 2019
- Regulation (EU) 2021/1134 of the European Parliament and of the Councilof 7 July 2021amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System, 32021R1134, July 13, 2021
- Regulation (EU) 2021/1152 of the European Parliament and of the Councilof 7 July 2021amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861 and (EU) 2019/817 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System, 32021R1152, July 14, 2021
Corrected by
- Corrigendum to 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, 32017R2226R(01), October 15, 2018
- Corrigendum to 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, 32017R2226R(03), May 3, 2019
(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 Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1 ).
(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 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra- corporate transfer (OJ L 157, 27.5.2014, p. 1 ).Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21 ).(e) holders of long-stay visas; (f) nationals of Andorra, Monaco and San Marino and 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.
(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.
(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 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60 ).Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an immigration liaison officers network (OJ L 64, 2.3.2004, p. 1 ).(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 Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1 ).(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 and in the CIR in accordance with Articles 15 to 20; (22a) "identity data" means the data referred to in point (a) of Article 16(1) as well as the relevant data referred to in Articles 17(1) and 18(1); (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; (32) "ESP" means the European search portal established by Article 6(1) of Regulation (EU) 2019/817; (33) "CIR" means the common identity repository established by Article 17(1) of Regulation (EU) 2019/817.
(a) enhance the efficiency of border checks by calculating and monitoring the duration of the authorised stay on the entry and exit of third-country nationals admitted for a short stay; (b) assist in the identification of third-country nationals who do not or no longer fulfil the conditions for entry to, or for short stay on, the territory of the Member States; (c) allow the identification and detection of overstayers and enable the competent national authorities of the Member States to take appropriate measures; (d) allow refusals of entry in the EES to be checked electronically; (e) enable automation of border checks on third-country nationals; (f) enable visa authorities to have access to information on the lawful use of previous visas; (g) inform third-country nationals of the duration of their authorised stay; (h) gather statistics on the entries and exits, refusals of entry and overstays of third-country nationals in order to improve the assessment of the risk of overstays and support evidence-based Union migration policy making; (i) combat identity fraud and the misuse of travel documents; (j) ensure the correct identification of persons; (k) support the objectives of the European Travel Information and Authorisation System (ETIAS) established by Regulation (EU) 2018/1240 of the European Parliament and of the Council Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, p. 1 ).
(a) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences; (b) enable the generation of information for investigations related to terrorist offences or other serious criminal offences, including the identification of perpetrators, suspects and victims of those offences who have crossed the external borders.
(a) enabling the national competent authorities referred to in Article 8d of Regulation (EU) 2016/399 to have access to information on previous short stays or refusals of entry for the purposes of the examination of applications for access to national facilitation programmes and the adoption of decisions referred to in Article 25 of this Regulation; (b) notifying the border authorities that access is granted to a national facilitation programme.
(a) a Central System (EES Central System); (aa) the CIR central infrastructure as referred to in point (a) of Article 17(2) of Regulation (EU) 2019/817; (b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States, enabling the connection of the EES Central System to the national border infrastructures in Member States in a secure manner; (c) a Secure Communication Channel between the EES Central System and the VIS Central System; (d) a Communication Infrastructure, which shall be secure and encrypted, between the EES Central System and the NUIs; (e) the web service referred to in Article 13; (f) a secure communication infrastructure between the EES Central System and the central infrastructures of the ESP and the CIR.
(a) retrieve the visa-related data directly from the VIS and import them into the EES in order to create or update the entry/exit record or the refusal of entry record of a visa holder in the EES in accordance with Articles 14, 16 and 18 of this Regulation and Article 18a of Regulation (EC) No 767/2008; (b) retrieve the visa-related data directly from the VIS and import them into the EES in order to update the entry/exit record in the event that a visa is annulled, revoked or extended in accordance with Article 19 of this Regulation and Articles 13, 14 and 18a of Regulation (EC) No 767/2008; (c) verify, pursuant to Article 23 of this Regulation and Article 18(2) of Regulation (EC) No 767/2008, the authenticity and validity of the relevant visa or whether the conditions for entry to the territory of the Member States in accordance with Article 6 of Regulation (EU) 2016/399 are fulfilled; (d) verify at the borders at which the EES is operated whether a visa-exempt third-country national has been previously registered in the VIS in accordance with Article 23 of this Regulation and Article 19a of Regulation (EC) No 767/2008; and (e) where the identity of a visa holder is verified using fingerprints, verify at the borders at which the EES is operated the identity of a visa holder by comparing the fingerprints of the visa holder with the fingerprints recorded in the VIS in accordance with Article 23 of this Regulation and Article 18(6) of Regulation (EC) No 767/2008.
(a) examine visa applications and adopt decisions relating to those applications in accordance with Article 24 of this Regulation and Article 15(4) of Regulation (EC) No 767/2008; (b) examine, for the Member States which do not yet apply the Schengen acquis in full but operate the EES, applications for national short-stay visas and adopt decisions relating to those applications;(c) update the visa-related data in the entry/exit record in the event that a visa is annulled, revoked or extended in accordance with Article 19 of this Regulation and Articles 13 and 14 of Regulation (EC) No 767/2008.
(a) to query and to import from the ETIAS Central System the information referred to in Article 47(2) of Regulation (EU) 2018/1240, the application number and the expiry date of the ETIAS travel authorisation; (b) to update the entry/exit record in the EES in accordance with Article 17(2) of this Regulation; and (c) to update the refusal of entry record in the EES in accordance with point (b) of Article 18(1) of this Regulation.
(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.
(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.
(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.
(a) update that individual file, namely the data referred to in Articles 16, 17 and 18, as applicable, and (b) enter an entry record for each entry and an exit record for each exit in accordance with Articles 16 and 17 or, where applicable, a refusal of entry record in accordance with Article 18.
(a) surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex; (b) the type and number of the travel document or documents and the three letter code of the issuing country of the travel document or documents; (c) the date of expiry of the validity of the travel document or documents; (d) the facial image as referred to in Article 15.
(a) the date and time of the entry; (b) the border crossing point of the entry and the authority that authorised the entry; (c) where applicable, the status of that third-country national indicating that he or she is a third-country national who: (i) is a member 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) does not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;
(d) where applicable, the short-stay visa sticker number, including the three letter code of the issuing Member State, the type of short-stay visa, the end date of the maximum duration of the stay as authorised by the short-stay visa, which shall be updated at each entry, and the date of expiry of the validity of the short-stay visa; (e) on the first entry on the basis of a short-stay visa, the number of entries and the duration of stay authorised by the short-stay visa as indicated on the short-stay visa sticker; (f) where applicable, the information indicating that the short-stay visa has been issued with limited territorial validity pursuant to point (b) of Article 25(1) of Regulation (EC) No 810/2009; (g) for the Member States which do not yet apply the Schengen acquis in full but operate the EES, a notification, where applicable, indicating that the third-country national used a national short-stay visa for the entry.
(a) the date and time of the exit; (b) the border crossing point of the exit.
(a) the data provided for in points (a), (b) and (c) of Article 16(1); (b) the facial image as referred to in Article 15; (c) fingerprint data from the right hand, where present, and otherwise the corresponding fingerprint data from the left hand; fingerprint data shall have sufficient resolution and quality to be used in automated biometric matching; (d) where relevant, the data provided for in Article 16(6).
(a) the ETIAS application number; (b) the expiry date of the ETIAS travel authorisation; (c) in the case of an ETIAS travel authorisation with limited territorial validity, the Member State or Member States for which it is valid;
(a) for third-country nationals subject to a visa requirement, the alphanumeric data required pursuant to Article 16(1) of this Regulation and, where relevant, the data referred to in Article 16(6) of this Regulation; (b) for visa-exempt third-country nationals, the alphanumeric data required pursuant to Article 17(1) and (2) of this Regulation.
(a) for third-country nationals subject to a visa requirement, the facial image referred to in point (d) of Article 16(1) of this Regulation; (b) for visa-exempt third-country nationals, the biometric data required pursuant to points (b) and (c) of Article 17(1) of this Regulation; (c) for third-country nationals subject to a visa requirement who are not registered in the VIS, the facial image referred to in point (d) of Article 16(1) of this Regulation and the fingerprint data as referred to point (c) of Article 17(1) of this Regulation.
(a) the date and time of refusal of entry; (b) the border crossing point; (c) the authority that refused the entry; (d) the point or points corresponding to the reasons for refusing entry in accordance with Part B of Annex V to Regulation (EU) 2016/399.
(a) the status information indicating that the authorisation for short stay or the visa has been revoked or annulled or that the duration of the authorised stay or the visa has been extended; (b) the identity of the authority that revoked or annulled the authorisation for short stay or the visa or extended the duration of the authorised stay or the visa; (c) the place and date of the decision to revoke or annul the authorisation for short stay or the visa or to extend the duration of the authorised stay or the visa; (d) where applicable, the new visa sticker number, including the three letter code of the issuing country; (e) where applicable, the period of the extension of the duration of authorised stay; (f) where applicable, the new expiry date of the authorised stay or the visa.
(a) a return decision adopted pursuant to Directive 2008/115/EC of the European Parliament and of the Council Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98 ).(b) any other decision taken by the competent authorities of the Member State, in accordance with national law, resulting in the return, removal or voluntary departure of a third-country national who does not fulfil or no longer fulfils the conditions for the entry into or for the stay on the territory of the Member States.
(a) create an individual file for that third-country national in the EES, if necessary; (b) update the latest entry/exit record by entering the missing data in accordance with Articles 16 and 17 of this Regulation; or (c) erase an existing file where Article 35 of this Regulation provides for such erasure.
(a) for third-country nationals who are subject to a visa requirement, if the search in the VIS with the data referred to in Article 18(1) of Regulation (EC) No 767/2008 indicates that data on the third-country national are recorded in the VIS, a verification of fingerprints against the VIS shall be carried out in accordance with Article 18(5) of Regulation (EC) No 767/2008. For this purpose, the border authority may launch a search from the EES to the VIS as provided for in Article 18(6) of Regulation (EC) No 767/2008. Where a verification of a third-country national pursuant to paragraph 2 of this Article failed, the border authorities shall access the VIS data for identification in accordance with Article 20 of Regulation (EC) No 767/2008. (b) for third-country nationals who are not subject to a visa requirement and for whom no data are found in the EES further to the identification run in accordance with Article 27 of this Regulation, the VIS shall be consulted in accordance with Article 19a of Regulation (EC) No 767/2008. The border authority may launch a search from the EES to the VIS as provided for in Article 19a of Regulation (EC) No 767/2008.
(a) the data referred to in points (a), (b) and (c) of Article 16(1); (b) the short-stay visa sticker number, including the three letter code of the issuing Member State referred to in point (d) of Article 16(2); (c) the fingerprint data or the fingerprint data combined with the facial image.
(a) the data referred to in points (a), (b) and (c) of Article 16(1) or the data referred to in point (a) of Article 17(1); (b) the fingerprint data or the fingerprint data combined with the facial image.
(a) compare the live facial image of the third-country national with the facial image referred to in point (d) of Article 16(1) and point (b) of Article 17(1) of this Regulation; or (b) verify the fingerprints of visa-exempt third-country nationals in the EES and of third-country nationals subject to a visa requirement in the VIS in accordance with Article 19 of Regulation (EC) No 767/2008.
(a) access for consultation is necessary for the purpose of the prevention, detection or investigation of a terrorist offence or another serious criminal offence; (b) access for consultation is necessary and proportionate in a specific case; (c) evidence or reasonable grounds exist to consider that the consultation of the EES data will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
(a) a prior search has been conducted in national databases; and (b) in the case of searches with fingerprints, a prior search has been launched in the automated fingerprint identification system of the other Member States under Decision 2008/615/JHA where comparisons of fingerprints are technically available, and either that search has been fully carried out, or that search has not been fully carried out within two days of being launched.
(a) fingerprints of visa-exempt third-country nationals or of holders of an FTD. In order to launch this consultation of the EES, latent fingerprints may be used and may therefore be compared with the fingerprints stored in the EES; (b) facial images.
(a) surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex; (b) type and number of travel document or documents, three letter code of the issuing country and date of expiry of the validity of the travel document; (c) visa sticker number and the date of expiry of the validity of the visa; (d) fingerprints, including latent fingerprints; (e) facial image; (f) date and time of entry, authority that authorised the entry and entry border crossing point; (g) date and time of exit and exit border crossing point.
(a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate; (b) the consultation is necessary and proportionate in a specific case; (c) evidence or reasonable grounds exist to consider that the consultation of the EES data will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
(a) the Member State the nationality of which he or she has acquired; or (b) the Member State that issued the residence permit or card or long-stay visa.
(a) the specifications for the quality, resolution and use of fingerprints for biometric verification and identification in the EES; (b) the specifications for the quality, resolution and use of the facial image for biometric verification and identification in the EES, including where taken live or extracted electronically from the eMRTD; (c) entering the data in accordance with Articles 16 to 20; (d) accessing the data in accordance with Articles 23 to 33; (e) amending, erasing and advance erasure of data in accordance with Article 35; (f) keeping and accessing the logs in accordance with Article 46; (g) performance requirements, including the minimum specifications for technical equipment and requirements regarding the biometric performance of the EES, in particular in terms of the required False Positive Identification Rate, False Negative Identification Rate and Failure To Enrol Rate; (h) the specifications and conditions for the web service referred to in Article 13, including specific provisions for the protection of the data where provided by or to carriers; (i) the establishment and the high level design of interoperability as referred to in Article 8; (j) the specifications and conditions for the data repository referred in Article 63(2); (k) the establishment of the list of identified persons referred to in Article 12(3) and the procedure to make that list available to Member States; (l) the specifications for technical solutions to connect central access points in accordance with Articles 31, 32 and 33 and for a technical solution to collect the statistical data required pursuant to Article 72(8).
(a) perform a security risk assessment; (b) follow the principles of privacy by design and by default during the entire lifecycle of the development of the EES; (c) conduct a security risk assessment regarding the interoperability with the VIS referred to in Article 8 and assess the required security measures needed for the implementation of the interoperability with the VIS.
(a) its chairmanship; (b) meeting venues; (c) the preparation of meetings; (d) the admission of experts to meetings; (e) communication plans ensuring full information to non-participating members of eu-LISA’s Management Board.
(a) the integration of the existing national border infrastructure and its connection to the NUI; (b) the organisation, management, operation and maintenance of its existing national border infrastructure and of its connection to the EES for the purpose of Article 6 with the exception of Article 6(2); (c) the organisation of central access points and their connection to the NUI for the purpose of law enforcement; (d) the management of, and arrangements for, access by the duly authorised staff, and by the duly empowered staff, of the competent national authorities to the EES in accordance with this Regulation and the creation and regular update of a list of those staff and their profiles.
(a) collected lawfully and in full respect of the human dignity of the third-country national concerned; (b) registered lawfully in the EES; (c) accurate and up-to-date when they are transmitted to the EES.
(a) take the necessary measures to ensure the security of the EES Central System and the Communication Infrastructure between the EES Central System and the NUI, without prejudice to the responsibilities of the Member States; (b) ensure that only duly authorised staff have access to data processed in the EES.
(a) the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 45(3) of Regulation (EU) 2016/679; (b) appropriate safeguards as referred to in Article 46 of Regulation (EU) 2016/679 have been provided, such as through a readmission agreement which is in force between the Union or a Member State and the third country in question; or (c) point (d) of Article 49(1) of Regulation (EU) 2016/679, applies.
(a) the transfer of the data is carried out in accordance with the relevant provisions of Union law, in particular provisions on data protection, including Chapter V of Regulation (EU) 2016/679, and readmission agreements, and the national law of the Member State transferring the data; (b) the third country or international organisation has agreed to process the data only for the purposes for which they were provided; and (c) a return decision adopted pursuant to Directive 2008/115/EC has been issued in relation to the third-country national concerned, provided that the enforcement of such a return decision is not suspended and provided that no appeal has been lodged which may lead to the suspension of its enforcement.
(a) there is an exceptional case of urgency where there is: (i) an imminent danger associated with a terrorist offence; or (ii) an imminent danger to the life of a person and that danger is associated with a serious criminal offence;
(b) the transfer of data is necessary for the prevention, detection or investigation in the territory of the Member States or in the third country concerned of such a terrorist offence or serious criminal offence; (c) the designated authority has access to such data in accordance with the procedure and the conditions set out in Articles 31 and 32; (d) the transfer is carried out in accordance with the applicable conditions set out in Directive (EU) 2016/680, in particular Chapter V thereof; (e) a duly motivated written or electronic request from the third country has been submitted; and (f) the reciprocal provision of any information on entry/exit records held by the requesting third country to the Member States operating the EES is ensured.
(a) there is an exceptional case of urgency where there is: (i) an imminent danger associated with a terrorist offence; or (ii) a serious criminal offence;
(b) the transfer of data is necessary for the prevention, detection or investigation of such a terrorist offence or serious criminal offence; (c) the designated authority has access to such data in accordance with the procedure and the conditions set out in Articles 31 and 32; (d) Directive (EU) 2016/680 applies; (e) a duly motivated written or electronic request has been submitted; and (f) the reciprocal provision of any information on entry/exit records held by the requesting Member State to the Member States operating the EES is ensured.
(a) physically protect data, including by making contingency plans for the protection of critical infrastructure; (b) deny unauthorised persons access to data-processing equipment and national installations in which the Member State carries out operations in accordance with the purposes of the EES; (c) prevent the unauthorised reading, copying, modification or removal of data media; (d) prevent the unauthorised entering of data and the unauthorised inspection, modification or erasure of stored personal data; (e) prevent the use of automated data-processing systems by unauthorised persons using data communication equipment; (f) prevent the unauthorised processing of data in the EES and any unauthorised modification or erasure of data processed in the EES; (g) ensure that persons authorised to access the EES have access only to the data covered by their access authorisation, by means of individual and unique user identities and confidential access modes only; (h) ensure that all authorities with a right of access to the EES create profiles describing the functions and responsibilities of persons who are authorised to enter, amend, erase, consult and search the data and make their profiles available to the supervisory authorities; (i) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment; (j) ensure that it is possible to verify and establish which data have been processed in the EES, as well as when, by whom and for what purpose they have been processed; (k) prevent the unauthorised reading, copying, modification or erasure of personal data during the transmission of personal data to or from the EES or during the transport of data media, in particular by means of appropriate encryption techniques; (l) ensure that, in the event of an interruption, installed systems can be restored to normal operation; (m) ensure reliability by making sure that any faults in the functioning of the EES are properly reported; (n) monitor the effectiveness of the security measures referred to in this paragraph and take the necessary organisational measures related to internal monitoring to ensure compliance with this Regulation.
(a) the purpose of access referred to in Article 9(2); (b) the date and time; (c) the data transmitted as referred to in Articles 16 to 19; (d) the data used for interrogation as referred to in Articles 23 to 27; and (e) the name of the authority entering or retrieving the data; and (f) a reference to the use of the ESP to query the EES as referred to in Article 7(2) of Regulation (EU) 2019/817.
(a) the fact that the EES may be accessed by the Member States and Europol for law enforcement purposes; (b) the obligation on visa-exempt third-country nationals and on holders of an FTD to have their fingerprints taken; (c) the obligation on all third-country nationals subject to registration in the EES to have their facial image recorded; (d) that the collection of the data is mandatory for the examination of entry conditions; (e) the fact that entry will be refused if a third-country national refuses to provide the requested biometric data for registration, verification or identification in the EES; (f) the right to receive information about the maximum remaining duration of their authorised stay in accordance with Article 11(3); (g) the fact that personal data stored in the EES may be transferred to a third country or an international organisation listed in Annex I for the purposes of return, to a third country in accordance with Article 41(6) and to Member States in accordance with Article 42; (h) the existence of the right to request from the controller access to data relating to them, the right to request that inaccurate data relating to them be rectified, that incomplete personal data relating to them be completed, that unlawfully processed personal data concerning them be erased or that the processing thereof be restricted, as well as the right to receive information on the procedures for exercising those rights, including the contact details of the controller and the supervisory authorities, or of the European Data Protection Supervisor if applicable, which shall hear complaints concerning the protection of personal data; (i) the fact that EES data will be accessed for border management and facilitation purposes and that overstays will automatically lead to the addition of their data to the list of identified persons referred to in Article 12(3), as well as the possible consequences of overstaying; (j) the data retention period set for entry and exit records, refusal of entry records, and for individual files pursuant to Article 34; (k) the right for overstayers to have their personal data erased from the list of identified persons referred to in Article 12(3) and rectified in the EES, where they provide evidence that they exceeded the authorised duration of stay due to unforeseeable and serious events; (l) the right to lodge a complaint to the supervisory authorities.
(a) the exact purpose of the request for access to EES data, including the terrorist offence or other serious criminal offence concerned and, for Europol, the exact purpose of the request for access; (b) the reasonable grounds given for not making comparisons with other Member States under Decision 2008/615/JHA, in accordance with point (b) of Article 32(2) of this Regulation; (c) the national file reference; (d) the date and exact time of the request for access by the central access point to the EES Central System; (e) the name of the authority which requested access for consultation; (f) where applicable, the use of the urgency procedure referred to in Article 31(2) of this Regulation and the decision taken with regard to the ex-post verification;(g) the data used for consultation; (h) in accordance with national rules or with Regulation (EU) 2016/794, the unique user identity of the official who carried out the search and of the official who ordered the search.
(1) paragraph 2 is replaced by the following: "2. Paragraph 1 shall not affect each Contracting Party’s right to extend beyond 90 days in any 180-day period an alien’s stay on its territory: (a) in exceptional circumstances; or (b) in accordance with a bilateral agreement concluded before the entry into force of this Convention and notified to the Commission in accordance with paragraph 2d.";
(2) the following paragraphs are inserted: "2a. The stay of an alien on the territory of a Contracting Party may be extended in accordance with a bilateral agreement pursuant to point (b) of paragraph 2, upon request of the alien, and lodged with the competent authorities of that Contracting Party on entry or during the stay of the alien at the latest on the last working day of his or her 90-day stay in any 180-day period. Where the alien has not lodged a request during the 90-day stay in any 180-day period, his or her stay may be extended pursuant to a bilateral agreement concluded by a Contracting Party and his or her stay beyond the 90-day stay in any 180-day period preceding that extension may be presumed lawful by the competent authorities of that Contracting Party, provided that that alien presents credible evidence which proves that during that time he or she stayed only on the territory of that Contracting Party. 2b. Where the stay is extended pursuant to paragraph 2 of this Article, the competent authorities of that Contracting Party shall enter the data related to the extension in the latest relevant entry/exit record linked to the alien’s individual file contained in the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council Regulation (EU) 2017/2226 of the European Parliament and of the Council of 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 ).".2c. Where the stay is extended pursuant to paragraph 2, the alien concerned shall be authorised to stay only on the territory of that Contracting Party and exit at the external borders of that Contracting Party. The competent authority which extended the stay shall inform the alien concerned that the extension of stay authorises the alien concerned to stay only on the territory of that Contracting Party and that he or she is to exit at the external borders of that Contracting party. 2d. By 30 March 2018 , the Contracting Parties shall notify the text of their relevant applicable bilateral agreements as referred to in point (b) of paragraph 2 to the Commission. If a Contracting Party ceases to apply any of those bilateral agreements, it shall notify the Commission thereof. The Commission shall publish information about such bilateral agreements in theOfficial Journal of the European Union , including at least the Member States and third countries concerned, the rights derived for aliens from those bilateral agreements, as well as any changes thereto.----------------------Regulation (EU) 2017/2226 of the European Parliament and of the Council of 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 ).".
(1) Article 10(1) is amended as follows: (a) the following point is inserted: "(da) if applicable, the information indicating that the visa has been issued with limited territorial validity pursuant to Article 25(1)(b) of Regulation (EC) No 810/2009;";
(b) the following point is added: "(l) if applicable, the status of the person indicating that the third-country national is a member of the family of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77 ).";
----------------------Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77 ).";
(2) in Article 13, the following paragraph is added: "3. Where a decision has been taken to annul or to revoke a visa, the visa authority that has taken the decision shall immediately retrieve and export from the VIS into the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council 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 ).";----------------------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 ).";(3) in Article 14, the following paragraph is added: "3. The visa authority that has taken a decision to extend the period of validity, the duration of stay of an issued visa, or both, shall immediately retrieve and export from the VIS into the EES the data listed under Article 19(1) of Regulation (EU) 2017/2226."; (4) Article 15 is amended as follows: (a) in paragraph 2, points (b) and (c) are replaced by the following: "(b) surname (family name), first name or names (given names); date of birth; nationality or nationalities; sex; (c) the type and number of the travel document; three letter code of the issuing country of the travel document; and the date of expiry of the validity of the travel document;";
(b) the following paragraphs are added: "4. For the purposes of consulting the EES in order to examine and decide on visa applications in accordance with Article 24 of Regulation (EU) 2017/2226, the competent visa authority shall be given access to search the EES directly from the VIS with one or several of the data referred to in that Article. 5. Where the search with the data referred to in paragraph 2 of this Article indicates that data on the third-country national are not recorded in the VIS or where there are doubts as to the identity of the third-country national, the competent visa authority shall have access to data for identification in accordance with Article 20.";
(5) in Chapter III, the following Article is inserted: "Article 17a Interoperability with the EES 1. From the start of operations of the EES, as provided for in Article 66(1) of Regulation (EU) 2017/2226, interoperability between the EES and the VIS shall be established to ensure greater efficiency and rapidity of border checks. To that end, eu-LISA shall establish a Secure Communication Channel between the central system of the EES and the central VIS. Direct consultation between the EES and the VIS shall only be possible if both this Regulation and Regulation 2017/2226 so provide. Retrieval of visa-related data from the VIS, their exportation into the EES and the updating of data from the VIS in the EES shall be an automated process once the operation in question is launched by the authority concerned. 2. Interoperability shall enable the visa authorities using the VIS to consult the EES from the VIS: (a) when examining and deciding on visa applications as referred to in Article 24 of Regulation (EU) 2017/2226 and Article 15(4) of this Regulation; (b) in order to retrieve and export the visa-related data directly from the VIS into the EES in the event that a visa is annulled, revoked or extended in accordance with Article 19 of Regulation (EU) 2017/2226 and Articles 13 and 14 of this Regulation.
3. Interoperability shall enable the border authorities using the EES to consult the VIS from the EES in order to: (a) retrieve the visa-related data directly from the VIS and import them into the EES so that an entry/exit record or refusal of entry record of a visa holder may be created or updated in the EES in accordance with Articles 14, 16 and 18 of Regulation (EU) 2017/2226 and Article 18a of this Regulation; (b) retrieve the visa-related data directly from the VIS and import them into the EES in the event that a visa is annulled, revoked or extended in accordance with Article 19 of Regulation (EU) 2017/2226 and Articles 13 and 14 of this Regulation; (c) verify the authenticity and validity of the visa, whether the conditions for entry to the territory of the Member States in accordance with Article 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council 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) (OJ L 77, 23.3.2016, p. 1 ).".(d) check whether visa-exempt third-country nationals for whom an individual file is not recorded in the EES were previously registered in the VIS in accordance with Article 23 of Regulation (EU) 2017/2226 and Article 19a of this Regulation; (e) verify, where the identity of a visa holder is verified using fingerprints, the identity of a visa holder with fingerprints against the VIS in accordance with Articles 23(2) and 23(4) of Regulation (EU) 2017/2226 and Article 18(6) of this Regulation.
4. For the operation of the EES web service referred to in Article 13 of Regulation (EU) 2017/2226, the VIS shall update on a daily basis the separate read-only database referred to in Article 13(5) of that Regulation via a one-way extraction of the minimum necessary subset of VIS data. 5. In accordance with Article 36 of Regulation (EU) 2017/2226, the Commission shall adopt the measures necessary for the establishment and the high level design of the interoperability. In order to establish interoperability with the EES, the Management Authority shall develop the required evolutions and adaptations of the central VIS, the national interface in each Member State, and the communication infrastructure between the central VIS and the national interfaces. The Member States shall adapt and develop the national infrastructures. ----------------------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) (OJ L 77, 23.3.2016, p. 1 ).".(6) Article 18 is replaced by the following: "Article 18 Access to data for verification at borders at which the EES is operated 1. For the sole purpose of verifying the identity of the visa holders, the authenticity, temporal and territorial validity and status of the visa or whether the conditions for entry to the territory of the Member States in accordance with Article 6 of Regulation (EU) 2016/399 are fulfilled, or both, the competent authorities for carrying out checks at borders at which the EES is operated shall have access to the VIS to search using the following data: (a) surname (family name), first name or names (given names); date of birth; nationality or nationalities; sex; type and number of the travel document or documents; three letter code of the issuing country of the travel document or documents; and the date of expiry of the validity of the travel document or documents; or (b) the number of the visa sticker.
2. Solely for the purposes referred to in paragraph 1 of this Article, where a search is launched in the EES pursuant to Article 23(2) of Regulation (EU) 2017/2226, the competent border authority shall launch a search in the VIS directly from the EES using the data referred to in point (a) of paragraph 1 of this Article. 3. By way of derogation from paragraph 2 of this Article, where a search is launched in the EES pursuant to Article 23(2) or (4) of Regulation (EU) 2017/2226, the competent border authority may search the VIS without making use of the interoperability with the EES, where specific circumstances so require, in particular, where it is more appropriate, due to the specific situation of a third-country national, to search using the data referred to in point (b) of paragraph 1 of this Article, or where it is technically impossible, on a temporary basis, to consult the EES data or in the event of a failure of the EES. 4. If the search with the data listed in paragraph 1 indicates that data are stored in the VIS on one or more issued or extended visas which are within their validity period and are under their territorial validity for the border crossing, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to consult the following data contained in the application file concerned as well as in an application file or files linked pursuant to Article 8(4), solely for the purposes referred to in paragraph 1 of this Article: (a) the status information and the data taken from the application form, referred to in points (2) and (4) of Article 9; (b) photographs; (c) the data referred to in Articles 10, 13 and 14 and entered in respect of the visa(s) issued, annulled or revoked or of the visa or visas whose validity is extended.
In addition, for those visa holders for whom certain data are not required to be provided for legal reasons or factually cannot be provided, the competent authority for carrying out checks at borders at which the EES is operated shall receive a notification related to the specific data field or fields concerned which shall be marked as "not applicable". 5. If the search with the data listed in paragraph 1 of this Article indicates that data on the person are recorded in the VIS but no valid visa is recorded, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to consult the following data contained in the application file or files as well as in an application file or files linked pursuant to Article 8(4), solely for the purposes referred to in paragraph 1 of this Article: (a) the status information and the data taken from the application form, referred to in points (2) and (4) of Article 9; (b) photographs; (c) the data referred to in Articles 10, 13 and 14 and entered in respect of the visa(s) issued, annulled or revoked or of the visa or visas whose validity is extended.
6. In addition to the consultation carried out under paragraph 1 of this Article, the competent authority for carrying out checks at borders at which the EES is operated shall verify the identity of a person against the VIS if the search with the data listed in paragraph 1 of this Article indicates that data on the person are recorded in the VIS and one of the following conditions is met: (a) the identity of the person cannot be verified against the EES in accordance with Article 23(2) of Regulation (EU) 2017/2226, because: (i) the visa holder is not yet registered into the EES; (ii) the identity is verified, at the border crossing point concerned, using fingerprints in accordance with Article 23(2) of Regulation (EU) 2017/2226; (iii) there are doubts as to the identity of the visa holder; (iv) of any other reason;
(b) the identity of the person can be verified against the EES but Article 23(5) of Regulation (EU) 2017/2226 applies.
The competent authorities for carrying out checks at borders at which the EES is operated shall verify the fingerprints of the visa holder against the fingerprints recorded in the VIS. For visa holders whose fingerprints cannot be used, the search referred to in paragraph 1 shall be carried out only with the alphanumeric data provided for in paragraph 1. 7. For the purpose of verifying the fingerprints against the VIS as provided for in paragraph 6, the competent authority may launch a search from the EES to the VIS. 8. Where verification of the visa holder or of the visa fails or where there are doubts as to the identity of the visa holder or the authenticity of the visa or travel document, the duly authorised staff of the competent authorities for carrying out checks at borders at which the EES is operated shall have access to data in accordance with Article 20(1) and (2)."; (7) the following Article is inserted: "Article 18a Retrieval of VIS data for creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES Solely for the purpose of creating or updating an entry/exit record or a refusal of entry record of a visa holder in the EES in accordance with Article 14(2) and Articles 16 and 18 of Regulation (EU) 2017/2226, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to retrieve from the VIS and import into the EES the data stored in the VIS and listed in points (c) to (f) of Article 16(2) of that Regulation."; (8) the following Article is inserted: "Article 19a Use of the VIS before creating in the EES the individual files of visa-exempt third-country nationals 1. For the purpose of checking whether a person has been previously registered in the VIS, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 shall consult the VIS before creating in the EES the individual file of visa-exempt third-country nationals as laid down in Article 17 of Regulation 2017/2226.2. For the purpose of paragraph 1 of this Article, where Article 23(4) of Regulation 2017/2226 applies and the search referred to in Article 27 of that Regulation indicates that data on a third-country national are not recorded in the EES, the competent authority for carrying out checks at borders at which the EES is operated shall have access to search in the VIS using the following data: surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex; type and number of the travel document; three letter code of the issuing country of the travel document; and the date of expiry of the validity of the travel document. 3. Solely for the purposes referred to in paragraph 1 of this Article, further to a search launched in the EES pursuant to Article 23(4) of Regulation (EU) 2017/2226, the competent authority for carrying out checks at borders at which the EES is operated may launch a search in the VIS directly from the EES using the alphanumeric data provided for in paragraph 2 of this Article. 4. In addition, if the search with the data referred to in paragraph 2 indicates that data concerning the third-country national are recorded in the VIS, the competent authority for carrying out checks at borders at which the EES is operated shall verify the fingerprints of the third-country national against the fingerprints recorded in the VIS. That authority may launch the verification from the EES. For third-country nationals whose fingerprints cannot be used, the search shall be carried out only with the alphanumeric data provided for in paragraph 2. 5. If the search with the data listed in paragraph 2 of this Article and the verification carried out under paragraph 4 of this Article indicate that data on the person are recorded in the VIS, the competent authority for carrying out checks at borders at which the EES is operated shall be given access to consult the following data contained in the application file concerned as well as in an application file or files linked pursuant to Article 8(4), solely for the purpose referred to in paragraph 1 of this Article: (a) the status information and the data taken from the application form, referred to in points (2) and (4) of Article 9; (b) photographs; (c) the data referred to in Articles 10, 13 and 14 and entered in respect of the visa or visas issued, annulled or revoked or of the visa or visas whose validity is extended.
6. Where the verification provided under paragraph 4 or 5 of this Article fails or where there are doubts as to the identity of the person or the authenticity of the travel document, the duly authorised staff of the competent authorities for carrying out checks at borders at which the EES is operated shall have access to data in accordance with Article 20(1) and (2). The competent authority for carrying out checks at borders at which the EES is operated may launch from the EES the identification referred to in Article 20."; (9) in Article 20(1), the first subparagraph is replaced by the following: "1. Solely for the purposes of the identification of any person who may have been registered previously in the VIS or who may not, or may no longer, fulfil the conditions for the entry to, or stay or residence on, the territory of the Member States, the authorities competent for carrying out checks at borders at which the EES is operated or within the territory of the Member States as to whether the conditions for entry to, or stay or residence on, the territory of the Member States are fulfilled, shall have access to search in the VIS with the fingerprints of that person."; (10) in Article 26, the following paragraph is inserted: "3a. From 30 June 2018 , the Management Authority shall be responsible for the tasks referred to in paragraph 3.";(11) Article 34 is amended as follows: (a) paragraph 1 is replaced by the following: "1. Each Member State and the Management Authority shall keep records of all data processing operations within the VIS. Those records shall indicate: (a) the purpose of access referred to in Article 6(1) and in Articles 15 to 22; (b) the date and time; (c) the type of data transmitted as referred to in Articles 9 to 14; (d) the type of data used for interrogation as referred to in Article 15(2), Article 17 and Articles 18(1) and (6), 19(1), 19a(2) and (4), 20(1), 21(1) and 22(1); and (e) the name of the authority entering or retrieving the data.
In addition, each Member State shall keep records of the staff duly authorised to enter or retrieve the data."; (b) the following paragraph is inserted: "1a. For the operations listed in Article 17a, a record of each data processing operation carried out in the VIS and the EES shall be kept in accordance with this Article and Article 46 of Regulation (EU) 2017/2226.".
(1) in Article 1, paragraph 2 is replaced by the following: "2. The Agency shall be responsible for the operational management of the second-generation Schengen Information System (SIS II), the Visa Information System (VIS), Eurodac and the Entry/Exit System established by Regulation (EU) 2017/2226 of the European Parliament and of the Council 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 ).";----------------------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 ).";(2) the following Article is inserted: "Article 5a Tasks relating to the EES In relation to the EES, the Agency shall perform: (a) the tasks conferred on it by Regulation (EU) 2017/2226; (b) tasks relating to training on the technical use of the EES.";
(3) in Article 7, paragraphs 5 and 6 are replaced by the following: "5. Tasks related to the operational management of the communication infrastructure may be entrusted to external private-sector entities or bodies in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1 ).";6. Without prejudice to the existing contracts on the network of SIS II, VIS, Eurodac and EES, the management of encryption keys shall remain within the competence of the Agency and shall not be outsourced to any external private-sector entity. ----------------------Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1 ).";(4) in Article 8, paragraph 1 is replaced by the following: "1. The Agency shall monitor the developments in research relevant for the operational management of SIS II, VIS, Eurodac, EES and other large-scale IT systems."; (5) in Article 12, paragraph 1 is amended as follows: (a) the following point is inserted: "(sa) adopt the reports on the development of the EES pursuant to Article 72(2) of Regulation (EU) 2017/2226;";
(b) point (t) is replaced by the following: "(t) adopt the reports on the technical functioning of SIS II pursuant to Article 50(4) of Regulation (EC) No 1987/2006 and Article 66(4) of Decision 2007/533/JHA, of VIS pursuant to Article 50(3) of Regulation (EC) No 767/2008 and Article 17(3) of Decision 2008/633/JHA and of EES pursuant to Article 72(4) of Regulation (EU) 2017/2226;";
(c) point (v) is replaced by the following: "(v) make comments on the European Data Protection Supervisor’s reports on the audits pursuant to Article 45(2) of Regulation (EC) No 1987/2006, Article 42(2) of Regulation (EC) No 767/2008, Article 31(2) of Regulation (EU) No 603/2013 and Article 56(2) of Regulation (EU) 2017/2226 and ensure appropriate follow-up to those audits;";
(d) the following point is inserted: "(xa) publish statistics related to the EES pursuant to Article 63 of Regulation (EU) 2017/2226;";
(e) the following point is inserted: "(za) ensure annual publication of the list of competent authorities pursuant to Article 65(2) of Regulation (EU) 2017/2226;";
(6) in Article 15, paragraph 4 is replaced by the following: "4. Europol and Eurojust may attend the meetings of the Management Board as observers when a question concerning SIS II, in relation to the application of Decision 2007/533/JHA, is on the agenda. Europol may also attend the meetings of the Management Board as an observer when a question concerning VIS, in relation to the application of Decision 2008/633/JHA, a question concerning Eurodac, in relation to the application of Regulation (EU) No 603/2013, or a question concerning the EES, in relation to the application of Regulation (EU) 2017/2226, is on the agenda."; (7) Article 17 is amended as follows: (a) in paragraph 5, point (g) is replaced by the following: "(g) without prejudice to Article 17 of the Staff Regulations, establish confidentiality requirements in order to comply with Article 17 of Regulation (EC) No 1987/2006, Article 17 of Decision 2007/533/JHA, Article 26(9) of Regulation (EC) No 767/2008, Article 4(4) of Regulation (EU) No 603/2013 and Article 37(4) of Regulation (EU) 2017/2226;";
(b) in paragraph 6, the following point is added: "(k) reports on the state of play of the development of the EES referred to in Article 72(2) of Regulation (EU) 2017/2226.";
(8) Article 19 is amended as follows: (a) in paragraph 1, the following point is inserted: "(da) EES Advisory Group;";
(b) paragraph 3 is replaced by the following: "Europol and Eurojust may each appoint a representative to the SIS II Advisory Group. Europol may also appoint a representative to the VIS, Eurodac and EES Advisory Groups.".
(a) status information; (b) nationality, sex and year of birth of the third-country national; (c) date and border crossing point of the entry to a Member State and date and border crossing point of the exit from a Member State; (d) the type of the travel document and the three letter code of the issuing country; (e) the number of persons identified as overstayers referred to in Article 12, the nationalities of persons identified as overstayers and the border crossing point of entry; (f) the data entered in respect of any stay revoked or any stay whose validity is extended; (g) the three letter code of the Member State that issued the visa, if applicable; (h) the number of persons exempt from the requirement to give fingerprints pursuant to Article 17(3) and (4); (i) the number of third-country nationals refused entry, the nationalities of third-country nationals refused entry, the type of border (land, air or sea) of the border crossing point at which entry was refused and the reasons for which entry has been refused as referred to in point (d) of Article 18(6).
(a) Member States’ project management office (meetings, missions, offices); (b) hosting of national IT systems (space, implementation, electricity, cooling); (c) operation of national IT systems (operators and support contracts); (d) customisation of existing border checks and policing systems for national entry-exit systems; (e) project management of national entry-exit systems; (f) design, development, implementation, operation and maintenance of national communication networks; (g) automated border control systems, self-service systems and e-gates.
(a) the measures referred to in Article 36 and Article 50(4) and (5) have been adopted; (b) eu-LISA has declared the successful completion of a comprehensive test of the EES, which is to be conducted by eu-LISA in cooperation with the Member States; (c) the Member States have validated the technical and legal arrangements to collect and transmit the data referred to in Articles 16 to 20 to the EES and have notified them to the Commission; (d) the Member States have notified the Commission as referred to in Article 65(1), (2) and (3).
(a) the Member States which apply the Schengen acquis in full; and(b) the Member States which do not yet apply the Schengen acquis in full but for which all the following conditions are met:(i) the verification in accordance with applicable Schengen evaluation procedures has been successfully completed; (ii) the provisions of the Schengen acquis relating to the SIS have been put into effect in accordance with the relevant Act of Accession; and(iii) the provisions of the Schengen acquis relating to the VIS which are necessary for the operation of the EES as defined in this Regulation have been put into effect in accordance with the relevant Act of Accession.
(a) an assessment of the application of this Regulation; (b) an examination of the results achieved against objectives and the impact on fundamental rights; (c) an assessment of the continuing validity of the underlying rationale of the EES; (d) an assessment of the adequacy of the biometric data used for the proper functioning of the EES; (e) an assessment of the use of stamps in the exceptional circumstances referred to in Article 21(2); (f) an assessment of the security of the EES; (g) an assessment of any implications, including any disproportionate impact on the flow of traffic at border crossing points and those with a budgetary impact on the Union budget.
(a) whether the consultation was carried out for the purpose of identification or for entry/exit records, and the type of terrorist offence or serious criminal offence that led to the consultation; (b) the grounds given to substantiate the suspicion that the person concerned was covered by this Regulation; (c) the grounds given not to launch the consultation of other Member States’ automated fingerprint identification systems under Decision 2008/615/JHA in accordance with point (b) of Article 32(2) of this Regulation; (d) the number of requests for access to the EES for law enforcement purposes; (e) the number and type of cases in which access to the EES for law enforcement purposes led to successful identifications; (f) the number and type of cases in which the urgency procedures referred to in Article 31(2) and in the second subparagraph of Article 32(2) were used, including those cases where that urgency was not accepted by the ex post verification carried out by the central access point.
1. UN organisations (such as the UNHCR); 2. The International Organization for Migration (IOM); 3. The International Committee of the Red Cross.
(1) By way of derogation from Article 16(1) to (3) of this Regulation, for third-country nationals who cross a border on the basis of a valid FTD, the border authorities shall: (a) create or update their individual file containing the data referred to in points (a), (b) and (c) of Article 17(1) of this Regulation. In addition, their individual file shall indicate that the third-country national concerned holds an FTD. That indication shall automatically result in the addition of the multiple entry characteristic of the FTD to the entry/exit record, (b) enter in an entry/exit record for each of the entries performed on the basis of a valid FTD the data set out in points (a), (b) and (c) of Article 16(2) of this Regulation, as well as the indication that the entry was performed on the basis of an FTD.
In order to calculate the maximum duration of the transit, the date and time of entry shall be considered as the starting point of that duration. The date and time of expiry of the authorised transit shall be calculated automatically by the EES in accordance with Article 3(2) of Regulation (EC) No 693/2003. (2) In addition, at the first entry on the basis of an FTD, the date of expiry of the validity of the FTD shall be entered into the entry/exit record. (3) Article 16(3) and (4) shall apply mutatis mutandis to third-country nationals holding an FTD.(4) For verification at a border at which the EES is operated and within the territory of the Member States, third-country nationals who cross the border on the basis of a valid FTD shall be subject, mutatis mutandis , to the verifications and identifications provided for under Articles 23 and 26 of this Regulation and Article 19a of Regulation (EC) No 767/2008 that are applicable to visa-exempt third-country nationals.(5) Points (1) to (4) shall not apply to third-country nationals who cross the border on the basis of a valid FTD, provided that all of the following conditions are met: (a) they transit by train; and (b) they do not disembark within the territory of a Member State.
| Data as referred to in Article 17(2) of Regulation (EU) 2018/1240 sent by the ETIAS Central System | The corresponding EES data referred to in point (a) of Article 17(1) of this Regulation with which the data in ETIAS are to be compared |
|---|---|
| surname (family name) | surnames |
| surname at birth | surnames |
| first name(s) (given name(s)) | first name or names (given names) |
| other names (alias(es), artistic name(s), usual name(s)) | first name or names (given names) |
| date of birth | date of birth |
| sex | sex |
| current nationality | nationality or nationalities |
| other nationalities (if any) | nationality or nationalities |
| type of the travel document | type of the travel document |
| number of the travel document | number of the travel document |
| country of issue of the travel document | the three letter code of the issuing country of the travel document |