rec_22

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 · European Union

(22) In the fight against terrorist offences and other serious criminal offences, it is necessary that designated authorities have the most up-to-date information if they are to perform their tasks. Access to VIS data for law enforcement purposes has already proven its usefulness in identifying people who died violently or in helping investigators to make substantial progress in cases related to trafficking in human beings, terrorism or illicit drug trafficking. Access to EES data is necessary to prevent, detect and investigate terrorist offences as referred to in Directive (EU) 2017/541 of the European Parliament and of the Council Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combatting terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6). or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). . It should be possible to use the EES data as an identity verification tool both in cases where the third–country national has destroyed his or her documents and where designated authorities are investigating a crime through the use of fingerprints or facial images and wish to establish an identity. It should also be possible to use such data as a tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or of a victim of crime. Therefore, the EES data should be available to the designated authorities of the Member States and the European Union Agency for Law Enforcement Cooperation established by Regulation (EU) 2016/794 of the European Parliament and of the Council Regulation (EU) 2016/794 of the European Parliament and of the Council 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53). (‘Europol’), subject to the conditions and limitations set out in this Regulation. The conditions of access to the EES for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences should be such as to allow the designated authorities of the Member States to tackle the cases of suspects using multiple identities. For this purpose, access to the EES should not be prevented where a hit is obtained during the consultation of a relevant database prior to accessing the EES. For law enforcement purposes and in order to prevent, detect and investigate terrorist offences or other serious criminal offences, a search of the database of the EES should be deemed proportionate if there is an overriding public security concern. Any search must be duly justified and proportionate in the light of the interest invoked.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-14 · Text as adopted (Official Journal); later amendments are not incorporated in this text.