Regulation 2017/2226 - 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 - Main contents
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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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/2226 |
| Original proposal | COM(2016)194  |
| CELEX number i | 32017R2226 |
| Document | 30-11-2017; Date of signature |
|---|---|
| Publication in Official Journal | 09-12-2017; OJ L 327 p. 20-82 |
| Signature | 30-11-2017 |
| Effect | 01-01-1001; Entry into force See Art 73 And 66.1 29-12-2017; Entry into force Date pub. +20 See Art 73 29-12-2017; Application Partial application See Art 73 |
| Deadline | 30-06-2018; See Art 72.2 |
| End of validity | 10-12-2018; Partial end of validity Art. 62 Implicitly repealed by 32018R1726 31-12-9999 |
9.12.2017 |
EN |
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 EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 77(2)(b) and (d) and Article 87(2)(a) 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) |
In its Communication of 13 February 2008 entitled ‘Preparing the next steps in border management in the European Union’, the Commission outlined the need, as part of the Union’s integrated border management strategy, to establish an Entry/Exit System (EES) which registers electronically the time and place of entry and exit of third-country nationals admitted for a short stay to the territory of the Member States and which calculates the duration of their authorised stay. |
(2) |
The European Council of 19 and 20 June 2008 underlined the importance of continuing to work on the development of the Union’s integrated border management strategy, including better use of modern technologies to improve the management of external borders. |
(3) |
In its Communication of 10 June 2009 entitled ‘An area of freedom, security and justice serving the citizens’, the Commission advocated for the establishment of an electronic system for recording entry to and exit from the territory of the Member States at external borders to ensure a more effective management of access to that territory. |
(4) |
The European Council of 23 and 24 of June 2011 called for work on ‘smart borders’ to be pushed forward rapidly. On 25 October 2011, the Commission published a Communication entitled ‘Smart borders – options and the way ahead’. |
(5) |
In its strategic guidelines adopted in June 2014, the European Council stressed that the Schengen area, allowing people to travel without internal border controls, and the increasing numbers of people travelling to the Union require efficient management of the Union’s common external borders to ensure strong protection. It also stressed that the Union must mobilise all the tools at its disposal to support the Member States in their task and that, to this end, integrated border management of external borders should be modernised in a cost efficient way to ensure smart border management, inter alia, with an entry-exit system and supported by the new agency for large-scale IT systems (eu-LISA). |
(6) |
In its Communication of 13 May 2015 entitled ‘A European agenda on migration’, the Commission noted that a new phase would come with the ‘Smart Borders’ initiative to increase the efficiency of border crossings, facilitating crossings for the large majority of ‘bona fide’ third country travellers, whilst at the same time strengthening the fight against irregular migration by creating a record of all cross-border movements by third-country nationals, fully respecting proportionality. |
(7) |
With a view to further improving the management of the external borders and, in particular, in order to verify compliance with the provisions on the authorised period of stay on the... |
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