Legalize
Legalize / European Union / Regulation

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

Type Regulation
Publication 2017-12-09
Last updated 2026-06-12
State In force
Department Council of the European Union, European Parliament
Source EUR-Lex
articles 80
Reform history JSON API
1.

Each Member State shall ensure that the supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 independently monitors the lawfulness of the processing of personal data referred to in Chapters II, III, V and VI of this Regulation by the Member State concerned, including their transmission to and from the EES.

2.

The supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 shall ensure that an audit of the data processing operations in the national border infrastructure is carried out in accordance with relevant international auditing standards at least every three years from the start of operations of the EES. The results of the audit may be taken into account in the evaluations conducted under the mechanism established by Council Regulation (EU) No 1053/2013 ([^E0016]). The supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 shall publish annually the number of requests for rectification, completion or erasure, or restriction of processing of data, the action subsequently taken and the number of rectifications, completions, erasures and restrictions of processing made in response to requests by the persons concerned.

3.

Member States shall ensure that their supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 has sufficient resources to fulfil the tasks entrusted to it under this Regulation and has access to advice from persons with sufficient knowledge of biometric data.

4.

Member States shall supply any information requested by the supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 and shall, in particular, provide it with information on the activities carried out in accordance with Article 38, Article 39(1) and Article 43. Member States shall grant the supervisory authority established in accordance with Article 51(1) of Regulation (EU) 2016/679 access to their logs pursuant to Article 46 and allow it access at all times to all their EES related premises.

Article 56

Supervision by the European Data Protection Supervisor
1.

The European Data Protection Supervisor shall be responsible for monitoring the personal data processing activities of eu-LISA concerning the EES and for ensuring that such activities are carried out in accordance with Regulation (EC) No 45/2001 and with this Regulation.

2.

The European Data Protection Supervisor shall ensure that an audit of eu-LISA’s personal data processing activities is carried out in accordance with relevant international auditing standards at least every three years. A report of that audit shall be sent to the European Parliament, to the Council, to the Commission, to eu-LISA and to the supervisory authorities. eu-LISA shall be given an opportunity to make comments before the report is adopted.

3.

eu-LISA shall supply information requested by the European Data Protection Supervisor, give him or her access to all documents and to its logs referred to in Article 46 and allow him or her access to all its premises at any time.

Article 57

Cooperation between supervisory authorities and the European Data Protection Supervisor
1.

The supervisory authorities and the European Data Protection Supervisor shall, each acting within the scope of their respective competences, cooperate actively within the framework of their respective responsibilities and shall ensure coordinated supervision of the EES and the national border infrastructures.

2.

The supervisory authorities and the European Data Protection Supervisor shall exchange relevant information, assist each other in carrying out audits and inspections, examine any difficulties concerning the interpretation or application of this Regulation, assess problems in the exercise of independent supervision or in the exercise of the rights of the data subject, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.

3.

For the purpose of paragraph 2, the supervisory authorities and the European Data Protection Supervisor shall meet at least twice a year within the framework of the European Data Protection Board established by Regulation (EU) 2016/679 (the ‘European Data Protection Board’). The costs of those meetings shall be borne and their organisation shall be undertaken by that Board. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.

4.

A joint report of activities shall be sent by the European Data Protection Board to the European Parliament, to the Council, to the Commission and to eu-LISA every two years. That report shall include a chapter on each Member State prepared by the supervisory authorities of that Member State.

Article 58

Protection of personal data accessed in accordance with Chapter IV
1.

Each Member State shall ensure that the national laws, regulations and administrative provisions adopted pursuant to Directive (EU) 2016/680 are also applicable to the access to the EES by its national authorities in line with Article 1(2) of this Regulation, including in relation to the rights of the persons whose data are so accessed.

2.

The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680 shall monitor the lawfulness of the access to personal data by the Member States in accordance with Chapter IV of this Regulation, including their transmission to and from the EES. Article 55(3) and (4) of this Regulation shall apply accordingly.

3.

The processing of personal data by Europol pursuant to this Regulation shall be carried out in accordance with Regulation (EU) 2016/794 and shall be supervised by the European Data Protection Supervisor.

4.

Personal data accessed in the EES in accordance with Chapter IV shall only be processed for the purposes of the prevention, detection or investigation of the specific case for which the data have been requested by a Member State or by Europol.

5.

The EES Central System, the designated authorities, the central access points and Europol shall keep records of the searches for the purpose of enabling the supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680 and the European Data Protection Supervisor to monitor the compliance of data processing with Union and national data protection rules. With the exception of that purpose, personal data, as well as the records of searches, shall be erased from all national and Europol files after 30 days, unless those data and records are required for the purposes of the specific ongoing criminal investigation for which they were requested by a Member State or by Europol.

Article 59

Logging and documentation
1.

Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to EES data in accordance with Chapter IV are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring.

2.

The log or documentation shall show, in all cases:

  • (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.
3.

Logs and documentation shall be used only for monitoring the lawfulness of data processing and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 72 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.

CHAPTER VIII AMENDMENTS TO OTHER UNION INSTRUMENTS

Article 60

Amendment to the Convention implementing the Schengen Agreement

Article 20 of the Convention implementing the Schengen Agreement is amended as follows:

  • (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 ([^E0017]). Such data shall be entered in accordance with Article 19 of that Regulation. 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 the Official 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.

Article 61

Amendments to Regulation (EC) No 767/2008

Regulation (EC) No 767/2008 is amended as follows:

  • (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 ([^E0018]) applies or of a third-country national 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.
  • (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 ([^E0019]) (EES) the data listed under Article 19(1) of that Regulation.
  • (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 ([^E0020]) are fulfilled, or both, as referred to in Article 18(2) of this Regulation; (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.

  • (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.’.

Article 62

Amendments to Regulation (EU) No 1077/2011

Regulation (EU) No 1077/2011 is amended as follows:

  • (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 ([^E0021]) (EES).
  • (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 ([^E0022]). In such a case, the network provider shall be bound by the security measures referred to in paragraph 4 of this Article and shall have no access to SIS II, VIS, Eurodac or EES operational data, or to the SIS II-related SIRENE exchange, by any means.
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.

  • (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.’.

CHAPTER IX FINAL PROVISIONS

Article 63

Use of data for reporting and statistics
1.

The duly authorised staff of the competent authorities of Member States, the Commission and eu-LISA shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification and in accordance with the safeguards related to non-discrimination referred to in Article 10(2):

  • (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).

The duly authorised staff of the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 of the European Parliament and of the Council ([^E0023]) shall have access to consult the data referred to in the first subparagraph of this paragraph for the purpose of carrying out risk analyses and vulnerability assessments as referred to in Articles 11 and 13 of that Regulation.

2.

For the purpose of paragraph 1 of this Article, eu-LISA shall store the data referred to in that paragraph in the central repository for reporting and statistics referred to in Article 39 of the Regulation (EU) 2019/817.

3.

The procedures put in place by eu-LISA to monitor the development and the functioning of the EES referred to in Article 72(1) shall include the possibility to produce regular statistics for ensuring that monitoring.

4.

Every quarter, eu-LISA shall publish statistics on the EES showing in particular the number, nationality, age, sex, duration of stay and border crossing point of entry of overstayers, of third-country nationals who were refused entry, including the grounds for refusal, and of third-country nationals whose authorisation for stay was revoked or extended, as well as the number of third-country nationals exempt from the requirement to give fingerprints.

The daily statistics shall be stored in the central repository for reporting and statistics.

5.

At the end of each year, statistical data shall be compiled in an annual report for that year. The statistics shall contain a breakdown of data for each Member State. The report shall be published and transmitted to the European Parliament, to the Council, to the Commission, to the European Border and Coast Guard Agency, to the European Data Protection Supervisor and to the national supervisory authorities.

6.

At the request of the Commission, eu-LISA shall provide it with statistics on specific aspects related to the implementation of this Regulation as well as the statistics pursuant to paragraph 3.

Article 64

Costs
1.

The costs incurred in connection with the establishment and operation of the EES Central System, the Communication Infrastructure, the NUI, the web service and the data repository referred to in Article 63(2) shall be borne by the general budget of the Union.

2.

Costs incurred in connection with the integration of the existing national border infrastructure and its connection to the NUI as well as in connection with hosting the NUI shall be borne by the general budget of the Union.

The following costs shall be excluded:

  • (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.
3.

The costs incurred by the central access points referred to in Articles 29 and 30 shall be borne, respectively, by each Member State and Europol. The costs for the connection of those central access points to the NUI and to the EES shall be borne by each Member State and Europol, respectively.

4.

Each Member State and Europol shall set up and maintain at their expense the technical infrastructure necessary to implement Chapter IV and shall be responsible for bearing the costs resulting from access to the EES for that purpose.

5.

Funding to be mobilised from the envelope referred to in point (b) of Article 5(5) of Regulation (EU) No 515/2014 to cover the costs referred to in paragraphs 1 to 4 of this Article shall be implemented under indirect management for the costs incurred by eu-LISA and under shared management for the costs incurred by the Member States.

Article 65

Notifications
1.

Member States shall notify the Commission of the authority which is to be considered as controller as referred to in Article 39.

2.

Member States shall notify the Commission and eu-LISA of the competent authorities referred to in Article 9(2) which have access to enter, rectify, complete, erase, consult or search data. Three months after the EES has started operations in accordance with Article 66, eu-LISA shall publish a consolidated list of those authorities in the Official Journal of the European Union. Member States shall also notify without delay any changes thereto. In the event of such changes, eu-LISA shall publish once a year an updated consolidated version of that information.

3.

Member States shall notify the Commission and eu-LISA of their designated authorities and of their central access points referred to in Article 29 and shall notify without delay any amendments thereto.

4.

Europol shall notify the Commission and eu-LISA of the authority it designates and its central access point referred to in Article 30 and shall notify without delay any amendments thereto.

5.

eu-LISA shall notify the Commission of the successful completion of the test referred to in point (b) of Article 66(1).

6.

The Commission shall publish the information referred to in paragraphs 1, 3 and 4 in the Official Journal of the European Union. In the event of changes thereto, the Commission shall publish once a year an updated consolidated version of that information. The Commission shall maintain a continuously updated public website containing that information.

Article 66

Start of operations
1.

The Commission shall decide the date from which the EES is to start operations, after the following conditions are met:

  • (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).
2.

The EES shall be operated by:

  • (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.
3.

A Member State which is not covered by paragraph 2 shall be connected to the EES as soon as the conditions referred to in points (b), (c) and (d) of paragraph 1 and point (b) of paragraph 2 are met. The Commission shall decide the date from which the EES is to start its operations in those Member States.

4.

The Commission shall inform the European Parliament and the Council of the results of the test carried out pursuant to point (b) of paragraph 1.

5.

The Commission decision referred to in paragraphs 1 and 3 shall be published in the Official Journal of the European Union.

6.

The Member States and Europol shall start using the EES from the date determined by the Commission in accordance with paragraph 1 or, where applicable, with paragraph 3.

Article 67

Ceuta and Melilla

This Regulation shall not affect the special rules applying to the cities of Ceuta and Melilla, as defined in the Declaration of the Kingdom of Spain on the cities of Ceuta and Melilla in the Final Act to the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement of 14 June 1985.

Article 68

Committee procedure
1.

The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 69

Advisory Group

An Advisory Group shall be established by eu-LISA in order to provide it with the expertise related to the EES, in particular in the context of the preparation of its annual work programme and its annual activity report. During the design and development phase of the EES, Article 37(2) shall apply.

Article 70

Training

eu-LISA shall perform tasks related to provision of training on the technical use of the EES in accordance with Regulation (EU) No 1077/2011.

Article 71

Practical handbook

The Commission shall, in close cooperation with the Member States, eu-LISA and other relevant agencies, make available a practical handbook for the implementation and management of the EES. The practical handbook shall provide technical and operational guidelines, recommendations and best practices. The Commission shall adopt the practical handbook in the form of a recommendation.

Article 72

Monitoring and evaluation
1.

eu-LISA shall ensure that procedures are in place to monitor the development of the EES in light of objectives relating to planning and costs and to monitor the functioning of the EES in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.

2.

By 30 June 2018, and every six months thereafter during the development phase of the EES, eu-LISA shall submit a report to the European Parliament and to the Council on the state of play of the development of the EES Central System, the Uniform Interfaces and the Communication Infrastructure between the EES Central System and the Uniform Interfaces. That report shall contain detailed information about the costs incurred and information as to any risks which may impact the overall costs of the EES to be borne by the general budget of the Union in accordance with Article 64(1) and the first subparagraph of Article 64(2). Following the development of the EES, eu-LISA shall submit a report to the European Parliament and to the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved, as well as justifying any divergences.

3.

For the purposes of technical maintenance, eu-LISA shall have access to the necessary information relating to the data processing operations performed in the EES.

4.

Two years after the start of operations of the EES and every two years thereafter, eu-LISA shall submit to the European Parliament, to the Council and to the Commission a report on the technical functioning of EES, including the security thereof.

5.

Three years after the start of operations of the EES and every four years thereafter, the Commission shall produce an overall evaluation of the EES. This overall evaluation shall include:

  • (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.

The evaluations shall include any necessary recommendations. The Commission shall transmit the evaluation report to the European Parliament, to the Council, to the European Data Protection Supervisor and to the European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007 ([^E0024]).

Those evaluations shall also include an assessment of the use made of the provisions referred to in Article 60 both in terms of frequency — number of third-country nationals making use of these provisions per Member State, their nationality and average duration of their stay — and practical implications, and shall take into account any related developments in the Union’s visa policy. The first evaluation report may include options in view of phasing out the provisions referred to in Article 60 and replacing them with a Union instrument. It shall be accompanied, where appropriate, by a legislative proposal amending the provisions referred to in Article 60.

6.

The Member States and Europol shall provide eu-LISA and the Commission with the information necessary to draft the reports referred to in paragraphs 4 and 5 according to the quantitative indicators predefined by the Commission, eu-LISA, or both. This information shall not jeopardise working methods or include information that reveals sources, staff members or investigations of the designated authorities.

7.

eu-LISA shall provide the Commission with the information necessary to produce the overall evaluations referred to in paragraph 5.

8.

While respecting the provisions of national law on the publication of sensitive information, each Member State and Europol shall prepare annual reports on the effectiveness of access to EES data for law enforcement purposes containing information and statistics on:

  • (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.

A technical solution shall be made available to Member States in order to facilitate the collection of the data listed in the first subparagraph of this paragraph for the purpose of generating statistics referred to in this paragraph. The Commission shall adopt implementing acts concerning the specifications of the technical solution. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 68(2).

Member States’ and Europol’s annual reports shall be transmitted to the Commission by 30 June of the subsequent year.

Article 73

Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from the date decided by the Commission in accordance with Article 66(1) thereof, with the exception of the following provisions, which shall apply from 29 December 2017: Articles 5, 36, 37, 38, 43, 51 of this Regulation; point (5) of Article 61 of this Regulation, as regards Article 17a(5) of Regulation (EC) No 767/2008; point (10) of Article 61 of this Regulation, as regards Article 26(3a) of Regulation (EC) No 767/2008; and Articles 62, 64, 65, 66, 68, 69 and 70 and Article 72(2) of this Regulation.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

ANNEX I

LIST OF INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 41(2)

    1. UN organisations (such as the UNHCR);
    1. The International Organization for Migration (IOM);
    1. The International Committee of the Red Cross.

ANNEX II

SPECIFIC PROVISIONS FOR THIRD-COUNTRY NATIONALS WHO CROSS THE BORDER ON THE BASIS OF A VALID FTD

  • (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.

ANNEX III

Correspondence table

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

[^E0001]: Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on 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 (OJ L 135, 22.5.2019, p. 27).

[^E0002]: 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).

[^E0003]: 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).

[^E0004]: 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).

[^E0005]: 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).

[^E0006]: 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).

[^E0007]: 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).

[^E0008]: 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).

[^E0009]: Regulation (EU) 2024/1356 of the European Parliament and of the Council of 14 May 2024 introducing the screening of third country nationals at the external borders and amending Regulations (EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU) 2019/817 (OJ L, 2024/1356, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1356/oj).

[^E0010]: Commission Decision 2008/602/EC of 17 June 2008 laying down the physical architecture and requirements of the national interfaces and of the communication infrastructure between the central VIS and the national interfaces for the development phase (OJ L 194, 23.7.2008, p. 3).

[^E0011]: Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, p. 85).

[^E0012]: Council Regulation (EC) No 693/2003 of 14 April 2003 establishing a specific Facilitated Transit Document (FTD), a Facilitated Rail Transit Document (FRTD) and amending the Common Consular Instructions and the Common Manual (OJ L 99, 17.4.2003, p. 8).

[^E0013]: 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).

[^E0014]: Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences (OJ L 218, 13.8.2008, p. 129).

[^E0015]: OJ L 56, 4.3.1968, p. 1.

[^E0016]: Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

[^E0017]: 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).’.

[^E0018]: 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).’;

[^E0019]: 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).’;

[^E0020]: 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).’.

[^E0021]: 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).’;

[^E0022]: 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).’;

[^E0023]: Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).

[^E0024]: Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.

This text is published under EUR-Lex's own terms of reuse, not a Legalize or public-domain licence. EUR-Lex
Creative Commons Attribution 4.0 International (CC BY 4.0)
© European Union, https://eur-lex.europa.eu — Source: EUR-Lex (Publications Office of the European Union). Reused under the Creative Commons Attribution 4.0 International (CC BY 4.0) licence. Only EU legislation published in the printed Official Journal of the European Union is deemed authentic; consolidated texts are reproduced here for documentation purposes and have been reformatted to Markdown.