rec_34

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

(34) It is necessary to keep the personal data of third-country nationals who have respected the duration of authorised stay and of third-country nationals whose entry for a short stay has been refused for a period of three years and to keep the personal data of third–country nationals who have not exited the territory of the Member States within the authorised period of stay for a period of five years, to allow the border guard to conduct the necessary risk analysis required by Regulation (EU) 2016/399 before authorising a traveller to enter the territory of the Member States. The processing of visa applications in consular posts also requires analysing the travel history of the applicant in order to assess the use of previous visas and whether the conditions of stay have been respected. The abandoning of passport stamping is to be compensated by a consultation of the EES. The travel history available in the EES should therefore cover a period of time which is sufficient for the purpose of visa issuance. While conducting risk analyses at the border and while processing visa applications, the travel history of third-country nationals should be checked in order to determine whether they have exceeded the maximum duration of their authorised stay in the past. It is thus necessary to keep the personal data of third-country nationals who have not exited the territory of the Member States within the authorised period of stay for the longer period of five years compared to that for the personal data of third-country nationals who have respected the duration of authorised stay and of third-country nationals whose entry for a short stay has been refused.

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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.