rec_32

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

(32) The personal data stored in the EES should be kept for no longer than strictly necessary for the purposes for which the data are processed. It is sufficient to keep the data related to third-country nationals who have respected the duration of authorised stay in the EES for a period of three years for border management purposes in order to avoid the need for third–country nationals to re-register in the EES before that period has lapsed. This three-year data retention period will reduce the need for frequent re-registrations and will be beneficial for all travellers as both the average border crossing time and the waiting time at border crossing points will decrease. Even for a traveller entering the territory of the Member States only once, the fact that other travellers already registered in the EES do not have to re-register before the expiry of this three-year data retention period will reduce the waiting time at the border crossing point. This three-year data retention period is also necessary to facilitate and expedite border crossings including by using automated and self-service systems. It is also appropriate to set a three-year data retention period for third-country nationals whose entry for a short stay has been refused. For third-country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC of the European Parliament and of the Council Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). applies or of a third-country national enjoying the right of free movement under Union law and who do not hold a residence card pursuant to Directive 2004/38/EC, it is appropriate to store each coupled entry/exit record for a maximum period of one year after the date of the exit from the territory of the Member States linked to that record. Following the expiry of the relevant data retention periods, the data should be automatically erased.

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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.