Regulation 2017/2225 - Amendment of Regulation (EU) 2016/399 as regards the use of the Entry/Exit System - Main contents
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official title
Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/2225 |
| Original proposal | COM(2016)196  |
| CELEX number i | 32017R2225 |
| Document | 30-11-2017; Date of signature |
|---|---|
| Publication in Official Journal | 09-12-2017; OJ L 327 p. 1-19 |
| Signature | 30-11-2017 |
| Effect | 01-01-1001; Application See Art 2 And 32017R2226 29-12-2017; Entry into force Date pub. +20 See Art 2 |
| End of validity | 31-12-9999 |
9.12.2017 |
EN |
Official Journal of the European Union |
L 327/1 |
REGULATION (EU) 2017/2225 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2017
amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 77(2)(b) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Regulation (EU) 2016/399 of the European Parliament and of the Council (3) lays down the conditions, criteria and detailed rules for the crossing of the external borders of the Member States. |
(2) |
Regulation (EU) 2017/2226 of the European Parliament and of the Council (4) aims at creating a centralised system for the registration of entry and exit data and refusal of entry data concerning third-country nationals crossing the external borders of the Member States of the Union for a short stay. |
(3) |
In order to carry out checks on third-country nationals pursuant to Regulation (EU) 2016/399, which include the verification of the identity of third-country nationals, their identification, or both, as well as the verification that a third-country national has not exceeded the maximum duration of authorised stay on the territory of the Member States, border guards should use all the information available, including data from the Entry/Exit System established by Regulation (EU) 2017/2226 (‘EES’), where required. The data stored in the EES should also be used to verify that third-country nationals holding a visa issued for one or two entries have respected the maximum number of authorised entries. |
(4) |
In certain cases, biometric data need to be provided by third-country nationals for the purpose of border checks. The entry conditions for third-country nationals should therefore be amended by including an obligation to provide those biometric data. Where a third-country national refuses to provide biometric data for the creation of his or her individual file or for the carrying out of border checks, a refusal of entry decision should be adopted. |
(5) |
To ensure the full effectiveness of the EES, entry and exit checks need to be carried out in a harmonised way at the borders at which the EES is operated. |
(6) |
The establishment of the EES requires the adaptation of the procedures for checking persons when crossing the borders at which the EES is operated. In particular, the EES aims to abolish on entry and exit the stamping of the travel documents of third-country nationals admitted for a short stay by replacing it by the electronic recording of the entry and exit directly in the EES. Furthermore, the interoperability between the EES and the Visa Information System (VIS) established by Council Decision 2004/512/EC (5) needs to be taken into account in the border check procedures. Lastly, the EES opens the possibility of using new technologies for the border crossings of short-stay travellers. Those adaptations to the border check procedures should become effective in the Member States operating the EES on the date of start of operations of the EES determined in accordance with Regulation (EU) 2017/2226. |
(7) |
For a period of six months after the EES has started operations, border guards should take into account the stays of third-country nationals on the territory of the Member States in the six months preceding the entry or the exit by checking the stamps in the travel documents in addition... |
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