S.L. 217.29 · Entry Exit System (Ees) Regulations (S.L. 217.29)
S.L. 217.29 Art. 1Citation, scope, applicability and commencement. S.L. 460.17. S.L. 460.17. S.L. 460.17. S.L. 460.17. S.L. 217.21. S.L. 217.22. S.L. 460.17. S.L. 460.17.
(1) The title of these regulations is the Entry Exit
System (EES) Regulations.
(2) The purpose of these regulations is to adopt additional national implementing measures to give effect to the requirements of the following Regulations:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) Regulation (EU) 2025/1534 of the European Parliament and of the Council of 18 July 2025 on temporary derogations from certain provisions of Regulations (EU) 2017/ 2226 and (EU) 2016/399 as regards the progressive start of
*Not yet in force. operations of the Entry Exit System.
(3) These regulations shall apply to the following categories of applicants:
(a) third-country nationals admitted for a short stay to the territory of the Member States who are subject to border checks when crossing the borders at which the Entry Exit System is operated in accordance with the Schengen Borders Code;
(b) third-country nationals, upon entry to and exit from the territory of the Member States, who:
(i) are members of the family of a Union citizen to whom the Free Movement of European Union Nationals and their Family Members Order applies, or of a national of a third-country enjoying the right of free movement equivalent to that of Union citizens in accordance with an agreement between the Union and its Member States and a third-country respectively; and
(ii) do not hold a residence card in accordance with the Free Movement of European Union Nationals and their Family Members Order or a residence permit pursuant to Council Regulation (EC) No 1030/2002;
(c) third-country nationals whose entry for a short stay to the territory of the Member States is refused in accordance with Article 14 of the Schengen Borders Code.
(4) These regulations shall not apply to:
(a) third-country nationals who are members of the family of a Union citizen to whom the Free Movement of European Union Nationals and their Family Members Order applies and who hold a residence card pursuant to the said order, whether they accompany or join the said Union citizen or otherwise;
(b) third-country nationals who are members of the family of a national of a third country, whether they accompany or join the said national of a third country or otherwise, where:
(i) the third-country national enjoys the right of free movement equivalent to that of Union citizens in accordance with an agreement between the Union and its Member States and a third-country, respectively; and
(ii) the third-country national holds a residence card in accordance with the Free Movement of European Union Nationals and their Family Members Order or a residence permit pursuant to Council Regulation (EC) No 1030/2002;
(c) residence permit holders referred to in Article 2(16) of the Schengen Borders Code other than those covered by paragraphs (a) and (b);
(d) third-country nationals exercising their right to mobility in accordance with the Conditions of Entry and
Residence of Third-Country Nationals in the Framework of an
Intra-Corporate Transfer Regulations or Conditions of Entry and Residence of Third-Country Nationals for the Purposes of
Research, Studies, Training and Voluntary Service in the Mobility Project for Young People: Voluntary Projects Regulations;
(e) holders of long-stay visas;
(f) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State;
(g) persons or categories of persons exempt from border checks or benefiting from specific rules in relation to border checks as referred to in Article 6a(3)(g) of the Schengen Borders Code; and
(h) persons or categories of persons referred to in Article 6a(3)(h) to (k) of the Schengen Borders Code.
(5) The provisions in relation to the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who:
(a) are members of the family of a Union citizen to whom the Free Movement of European Union Nationals and their Family Members Order applies or of a national of a third-country enjoying the right of free movement equivalent to that of Union citizens in accordance with an agreement between the Union and its Member States and a third-country respectively; and
(b) do not hold a residence card in accordance with the Free Movement of European Union Nationals and their Family Members Order or a residence permit pursuant to Council Regulation (EC) No 1030/2002.
(6) These regulations shall come into force on such date or dates as the Minister responsible for immigration, may by notice in the Gazette establish and different dates may be so established for different provisions and, or purposes of these regulations.
Verweist auf
- S.L. 217.29 Art. 14
- S.L. 217.29 Art. 2
- S.L. 217.29 Art. 6a