Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 Nov... (32017R2226)
INHALT
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
- REGULATION (EU) 2017/2226 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 30 November 2017
- establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011
- CHAPTER I
- GENERAL PROVISIONS
- Article 1
- Subject matter
- 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 17a
- Interoperability with the EES
- ‘Article 18
- Access to data for verification at borders at which the EES is operated
- ‘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
- ‘Article 19a
- Use of the VIS before creating in the EES the individual files of visa-exempt third-country nationals
- Article 62
- Amendments to Regulation (EU) No 1077/2011
- ‘Article 5a
- Tasks relating to the EES
- 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)
- ANNEX II
- SPECIFIC PROVISIONS FOR THIRD-COUNTRY NATIONALS WHO CROSS THE BORDER ON THE BASIS OF A VALID FTD
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