Council of the European Union and European Parliament 30 November 2017, 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

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European Union · · · Cited by 639 · 30-11-2017

CHAPTER I. GENERAL PROVISIONS
Article 1. Subject matter
Article 2. Scope
Article 3. Definitions
Article 4. Borders at which the EES is operated and use of the EES at those borders
Article 5. Set-up of the EES
Article 6. Objectives of the EES
Article 7. Technical architecture of the EES
Article 8. Interoperability with the VIS
Article 9. Access to the EES for entering, amending, erasing and consulting data
Article 10. General principles
Article 11. Automated calculator and obligation to inform third-country nationals on the remaining authorised stay
Article 12. Information mechanism
Article 13. Web service
CHAPTER II. ENTRY AND USE OF DATA BY COMPETENT AUTHORITIES
Article 14. Procedures for entering data in the EES
Article 15. Facial image of third-country nationals
Article 16. Personal data of third-country nationals subject to a visa requirement
Article 17. Personal data of visa-exempt third-country nationals
Article 18. Personal data of third-country nationals who have been refused entry
Article 19. Data to be added where an authorisation for short stay is revoked, annulled or extended
Article 20. Data to be added in case of rebuttal of the presumption that a third-country national does not fulfil the conditions of duration of authorised stay
Article 21. Fall-back procedures where it is technically impossible to enter data or in the event of failure of the EES
Article 22. Transitional period and transitional measures
Article 23. Use of data for verification at the borders at which the EES is operated
CHAPTER III. USE OF THE EES BY OTHER AUTHORITIES
Article 24. Use of the EES for examining and deciding on visas
Article 25. Use of the EES for examining applications for access to national facilitation programmes
Article 26. Access to data for verification within the territory of the Member States
Article 27. Access to data for identification
Article 28. Keeping of data retrieved from the EES
CHAPTER IV. PROCEDURE AND CONDITIONS FOR ACCESS TO THE EES FOR LAW ENFORCEMENT PURPOSES
Article 29. Member States’ designated authorities
Article 30. Europol
Article 31. Procedure for access to the EES for law enforcement purposes
Article 32. Conditions for access to EES data by designated authorities
Article 33. Procedure and conditions for access to EES data by Europol
CHAPTER V. RETENTION AND AMENDMENT OF THE DATA
Article 34. Data retention period
Article 35. Amendment of data and advance data erasure
CHAPTER VI. DEVELOPMENT, OPERATION AND RESPONSIBILITIES
Article 36. Adoption of implementing acts by the Commission prior to development
Article 37. Development and operational management
Article 38. Responsibilities of Member States and Europol
Article 39. Responsibility for data processing
Article 40. Keeping of data in national files and national entry/exit systems
Article 41. Communication of data to third countries, international organisations and private entities
Article 42. Conditions for communication of data to a Member State which does not yet operate the EES and to a Member State to which this Regulation does not apply
Article 43. Data security
Article 44. Security incidents
Article 45. Liability
Article 46. Keeping of logs by eu-LISA and Member States
Article 47. Self-monitoring
Article 48. Penalties
Article 49. Data Protection
CHAPTER VII. RIGHTS AND SUPERVISION ON DATA PROTECTION
Article 50. Right of information
Article 51. Information campaign
Article 52. Right of access to, rectification, completion and erasure of personal data, and of restriction of the processing thereof
Article 53. Cooperation to enforce the rights on data protection
Article 54. Remedies
Article 55. Supervision by the supervisory authority
Article 56. Supervision by the European Data Protection Supervisor
Article 57. Cooperation between supervisory authorities sssand the European Data Protection Supervisor
Article 58. Protection of personal data accessed in accordance with Chapter IV
Article 59. Logging and documentation
CHAPTER VIII. AMENDMENTS TO OTHER UNION INSTRUMENTS
Article 60. Amendment to the Convention implementing the Schengen Agreement
Article 61. Amendments to Regulation (EC) No 767/2008
Article 62. Amendments to Regulation (EU) No 1077/2011
CHAPTER IX. FINAL PROVISIONS
Article 63. Use of data for reporting and statistics
Article 64. Costs
Article 65. Notifications
Article 66. Start of operations
Article 67. Ceuta and Melilla
Article 68. Committee procedure
Article 69. Advisory Group
Article 70. Training
Article 71. Practical handbook
Article 72. Monitoring and evaluation
Article 73. Entry into force and applicability
ANNEX I. LIST OF INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 41(2)

9.12.2017

Official Journal of the European Union

L 327/20

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

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