Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union
Date: 2013-02-28
Institutions: European Commission
Subjects: Schengen Information System, border control, data collection, exchange of information, external border of the EU, foreign national, traveller

EUROPEAN 
COMMISSION 

Brussels, 28.2.2013  
COM(2013) 95 final 

2013/0057 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing an Entry/Exit System (EES) to register entry and exit data of third country 
nationals crossing the external borders of the Member States of the European Union 

{SWD(2013) 47} 
{SWD(2013) 48} 
{SWD(2013) 49}

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

In  its  Communication  of  13  February  2008  preparing  the  next  steps  in  border  management  in  the 
European Union1 the Commission suggested the establishment of an entry/exit system (EES). Such a 
system entails essentially the electronic register of the dates and places of entry and exit of each third-
country national admitted for a short stay. 

This  proposal  was  endorsed  in  the  Stockholm  Programme2  agreed  by  the  European  Council  in 
December 2009. 

Following  the  European  Council  of  23  and  24  June  2011  asking  the  smart  borders  package  to  be 
pushed  forward  rapidly,  i.e.  work  on  legislative  proposals  for  an  entry/exit  system  (EES)  and  a 
Registered Traveller Programme (RTP)3, the Commission published a Communication on 25 October 
2011,4 on the implementation options for the EES and the RTP.  

This proposal is presented together with a proposal to establish a Registered Traveller Programme and 
a proposal to amend  the  Community Code on the rules governing checks at external  border crossing 
points  and  surveillance  at  the  external  border  (Schengen  Borders  Code)5  for  the  purpose  of  the 
functioning of the two new systems. Impact assessments are presented for each system. 

•  General context 

According  to  the  Schengen  Borders  Code,  EU  citizens  and  other  persons  enjoying  the  right  of  free 
movement under Union law (e.g. family members of EU citizens) crossing the external border shall be 
subject to a minimum check, both at entry and exit, consisting of the verification of the travel document 
in  order  to  establish  the  identity  of  the  person.  All  other  third  country  nationals  however  must  be 
subject,  at  entry,  to  a  thorough  check,  which  implies  a  check  of  their  purpose  of  stay,  possession  of 
sufficient means of subsistence, as well as a search in the Schengen Information System (SIS) and in 
national databases.  

There  are  no  provisions  in  the  Schengen  Borders  Code  on  the  recording  of  travellers'  cross  border 
movements. Currently, stamping the travel document is the sole method to indicate the dates of entry 
and exit which can be used by border guards and immigration authorities to calculate the duration of 
the  stay  of  a  third-country  national  in  the  Schengen  area,  which  shall  not  exceed  90  days  within  a 
period  of  180  days.  Other  measures  and  tools  available  at  border  crossing  points,  such  as  databases 
(SIS and the Visa Information System – VIS), the consultation of which is compulsory at entry, but not 
at  exit,  are  not  intended  for  the  purpose  of  recording  border  crossings  and  do  not  provide  for  this 

1 
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3 
4 
5 

COM (2008) 69 final. The Communication was accompanied by an Impact Assessment SEC(2008) 153. 
'An open and secure Europe serving and protecting the citizens', Official Journal of the European Union of 4.5.2010, C 115/1. 
EUCO 23/11. 
COM (2011) 680 final. 
OJ L 105, 13.4.2006. 

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functionality. The main purpose of the VIS is to permit the verification of the visa application history 
and, at entry, to verify whether the person presenting the visa at the border is the same person to whom 
the visa has been issued. 

There  are  currently  no  electronic  means  to  check  if,  where  and  when  a  third-country  national  has 
entered  or  left  the  Schengen  area.  Difficulties  in  monitoring  the  authorised  stay  of  third  country 
nationals  are  also  caused  by  the  use  and  quality  of  the  stamps  (e.g.  readability,  lengthy  process  of 
calculating the stay, forgery and counterfeiting). 

For these reasons, there is no consistent EU-wide record of entries and exits of travellers to and from 
the  Schengen  area  and  thus  no  reliable  means  for  Member  States  to  determine  if  a  third-country 
national has exceeded his/her right to stay. Thirteen Member States6 run their own national entry/exit 
systems  collecting  alphanumeric  data  of  travellers.  All  13  Member  States  give  access  for  border 
management as well as law enforcement purposes. To the extent that a person lawfully exits the same 
Member  State  through  which  he  or  she  entered,  an  overstay  would  be  detected  by  these  systems. 
Beyond that, the possibilities for using such systems to detect overstayers are none, as entry and exit 
records cannot be matched when persons leave the Schengen area through another Member State than 
the one from which they entered and in which their entry was recorded.  

Reliable data on the number of irregular immigrants currently staying in the EU does not exist either. 
Conservative estimates of the number of irregular immigrants within the EU vary between 1.9 and 3.8 
million. It is generally agreed that a clear majority of irregular immigrants are so-called overstayers, i.e. 
persons who have entered legally for a short stay, with a valid visa when required, and then remained in 
the EU when their authorised stay has expired. In terms of apprehensions of irregular immigrants7 in 
the EU the total for 2010 (EU 27) was 505 220, which shows in comparison to the above estimate that 
only a small proportion of overstayers is apprehended.  

In case third country nationals destroy their documentation once they have entered the Schengen area it 
is very important for the authorities to have access to reliable information to establish the identity of 
such persons.  

The  legislative  financial  statement  annexed  to  this  proposal  is  based  on  the  study  on  the  costs  of  an 
EES and an RTP carried out by an external contractor. 

The objectives of the present proposal for a Regulation of the European Parliament and the Council are:  

–  to create an EES and establish a legal basis for the development and implementation of the technical 

system;  

–  to define the purpose, the functionalities and responsibilities for use of the EES; and  

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7 

Bulgaria,  Estonia,  Spain,  Cyprus,  Latvia,  Lithuania,  Hungary  Malta,  Poland,  Portugal,  Romania,  Slovakia,  and 
Finland. 
http://epp.eurostat.ec.europa.eu/portal/page/portal/population/data/database  This  figure  includes  overstayers  as  well  as 
persons having entered irregularly, and includes persons apprehended at the border as well as within the Schengen 
territory. 

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–  to confer on the Agency for the operational management of large-scale information systems in the 
area of freedom, security and justice8 (the Agency), the development and operational management 
of the central system.  

This  Regulation  shall  constitute  the  core  instrument  for  the  legal  framework  for  the  EES.  To 
complement this legal framework, a proposal for amending the Schengen Borders Code as regards the 
use of the system as part of the border management process, is presented in parallel with this proposal. 

The purpose of the EES will be to improve the management of the external border and the fight against 
irregular migration, by providing a system that will 

•  Calculate  the  authorised  stay  of  each  traveller;  this  includes  at  entry,  in  case  of  a  traveller  having 
visited the Schengen area frequently, to quickly and precisely calculate how many days there are left 
of  the  maximum  of  90  days  within 180  days;  at  exit,  to  verify  that  the  traveller  has  respected  the 
authorised stay; and within the territory, in relation to carrying out checks on third-country nationals 
to verify the legality of their stay; 

•  Assist in the identification of any person who may not, or may no longer, fulfil the conditions for 
entry to, or stay on the territory of the Member States; this concerns notably persons who are found 
during checks within the territory not in possession of their travel documents or any other means of 
identification; 

•  To  support  the  analysis  of  the  entries  and  exits  of  third-country  nationals;  this  includes  notably 
getting a precise picture of travel flows at the external borders and the number of overstayers eg by 
nationality of travellers. 

The expected impact of the system is further assessed and detailed in the impact assessment and can be 
summarised as follows: 

•  Providing  precise  information  in  a  rapid  way  to  border  guards  during  border  checks,  by  replacing 
the current slow and unreliable system of manual stamping of passports; this will allow for both a 
better monitoring of the authorised stay as well as more efficient border checks; 

•  Providing precise information to travellers on the maximum length of their authorised stay; 

•  Providing  precise  information  on  who  is  overstaying  their  authorised  stay,  which  will  support 

controls within the territory and to apprehend irregular migrants;  

•  Support the identification of irregular migrants; by storing biometrics in the EES on all persons not 
subject to the visa requirement, and taking into account that the biometrics of visa holders are stored 
in the VIS, Member States' authorities will be able to identify any undocumented irregular migrant 
found  within  the  territory  that  crossed  the  external  border  legally;  this  will  in  turn  facilitate  the 
return process; 

•  The analysis generated by the system will allow for an evidence-based approach to e.g. visa policy, 
as  the  EES  will  provide  precise  data  on  whether  there  is  problem  with  overstayers  of  a  given 

8 

OJ L 286, 1.11.2011. 

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nationality or not, which would be an important element when deciding whether to impose or lift, as 
the case may be, the visa obligation on the third country in question;  

•  By  abolishing  the  manual  element  of  stamping  of  passports  from  the  border  check  it  becomes 
possible to provide for fully automated border controls for certain third-country nationals, under the 
conditions  laid  down  in  the  proposal  for  a  Registered  Traveller  Programme  presented  in  parallel 
with this proposal. 

•  Existing provisions in the area of the proposal 

Regulation  of  the  European  Parliament  and  of  the  Council  (EC)  No  562/2006  establishing  a 
Community Code on the rules governing the movement of persons across borders (Schengen Borders 
Code). 

Regulation of the European Parliament and of the Council (EC) No 1931/2006 laying down rules on 
local border traffic at the external land borders of the Member States and amending the provisions of 
the Schengen Convention. 

Regulation  of  the  European  Parliament  and  of  the  Council  (EC)  No  767/2008  concerning  the  Visa 
Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS 
Regulation). 

Regulation  of  the  European  Parliament  and  of  the  Council  (EC)  No  810/2009  establishing  a 
Community Code on Visas. 

Regulation of the European Parliament and of the Council (EU) No 1077/2011 establishing a European 
Agency for the operational management of large-scale IT systems in the area of freedom, security and 
justice. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

This is described in the accompanying impact assessment. 

•  Impact assessment 

The first impact assessment9 was carried out in 2008 when preparing the Commission Communication 
on this subject and the second one was finalised in 201210. The former analysed the policy options and 
their most likely impacts and concluded that an EES should be established.  

Following  a  consultations  and  pre-screening  process  the  latter  impact  assessment  analysed  key 
implementation options. 

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SEC (2008) 153. 
SWD (2013) 48. 

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Analysis of the different options and sub-options showed that the preferred solution for an EES should 
be the following: 

The  EES  will  be  designed  as  a  centralised  system  containing  both  alphanumeric  and  biometric  data. 
The data retention period would be for ordinary cases six months and in case of overstay five years. 

The  use  of  biometrics  would  be  subject  to  a  transitional  period  of  three  years  to  allow  for  Member 
States' adapting processes at the border crossing points. 

After a period of two years, the EES should be evaluated and, in this context the Commission would 
evaluate  in  particular  the  possible  access  to  the  system  for  law  enforcement  purposes  as  well  as  the 
retention period, also taking into account the experience of access for such purposes to the VIS. The 
evaluation would be accompanied, as appropriate, by a Commission proposal to amend the Regulation 
to define the conditions for such access. Those conditions would need to be strictly defined in order to 
provide an accurate data protection regime and could be modelled on those foreseen by the VIS legal 
basis.  

The Impact Assessment Board (IAB) reviewed the draft impact assessment and delivered its opinion on 
14  March  2012  and  (on  a  revised  version)  on  8  June  2012.  The  recommendations  for  improvement 
were  accommodated  in  the  revised  version  of  the  report.  In  particular,  the  following  changes  were 
made:  further  information  is  provided  on  the  consultation  of  interested  parties;  the  overall  logic  has 
been  reviewed  and  streamlined;  the  problem  definition  has  been  further  developed  and  made  more 
detailed,  both  in  relation  to  the  overall  problem  of  irregular  migration  and  in  relation  to  specific 
implementation  problems;  the  baseline  scenario  has  been  extended  to  better  describe  how  it  would 
evolve without further EU action; the options have been restructured and simplified; the assessment of 
the options have been refined and done in a more logical manner showing which options are linked and 
which are not; the explanation of the method used for calculating the costs was expanded; the analysis 
and  description  of  the  preferred  option  have  been  revised  and  linked  more  directly  to  data  that  will 
become available in the future. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed actions 

The purpose, functionalities and responsibilities for the EES must be defined. Furthermore, a mandate 
needs to be given to the Agency for the operational management of large-scale IT systems in the area 
of  freedom,  security  and  justice  to  develop  and  operationally  manage  the  system.  A  detailed 
explanation of the proposal by article can be found in a separate Commission Staff Working Paper. 

•  Legal basis 

Articles 74 and 77(2)(b) and (d) of the Treaty on the Functioning of the European Union is the legal 
basis for this Regulation. Article 77(2)(b) and (d) is the appropriate legal basis for further specifying 
the measures on the  crossing of the external borders of the Member States  and developing standards 
and  procedures  to  be  followed  by  Member  States  in  carrying  out  checks  on  persons  at  such  borders. 
Article  74  provides  the  appropriate  legal  basis  for  setting-up  and  maintaining  the  EES  and  for 
procedures for the exchange of information between Member States, ensuring cooperation between the 
relevant authorities of the Member States’ as well as between those authorities and the Commission in 
the areas covered by Title V of the Treaty. 

•  Subsidiarity principle 

Under  Article  77(2)(b)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the  Union  has  the 
power to adopt measures relating to the checks on persons and efficient monitoring of the crossing of 
external  borders  of  the  Member  States.  The  current  EU  provisions  on  the  crossing  of  the  external 
borders  of  the  Member  States  need  to  be  modified  to  take  into  account  that  there  are  currently  no 
reliable  means  to  monitor  the  travel  movements  of  third-country  nationals  admitted  for  a  short  stay 
given  the  complexity  and  slowness  of  the  current  stamping  obligation,  which  is  insufficient  for 
allowing Members States' authorities to assess the authorised stay at the border check of the traveller or 
at  checks  within  the  territory  and  the  very  limited  value  of  national  systems  for  such  purposes  in  an 
area without internal border control. 

The information on who is on EU territory and who complies with the maximum allowed short stay of 
90 days within 180 days, on nationalities and groups (visa exempt/required) of travellers overstaying 
and  to  support  random  checks  within  the  territory  to  detect  irregularly  staying  persons  should  be 
available to increase the efficiency of migration management. 

A  common  regime  is  needed  in  order  to  establish  harmonised  rules  on  the  records  of  cross  border 
movements and monitoring of authorised stays for the Schengen area as a whole. 

Therefore, the objective of the proposal cannot be sufficiently achieved by the Member States.  

•  Proportionality principle 

Article 5 of the Treaty on the European Union states that action by the Union shall not go beyond what 
is necessary to achieve the objectives of the Treaty. The form chosen for this EU action must enable the 
proposal to achieve its objective and be implemented as effectively as possible. The proposed initiative 
constitutes  a  further  development  of  the  Schengen  acquis  in  order  to  ensure  that  common  rules  at 
external  borders  are  applied  in  the  same  way  in  all  the  Schengen  Member  States.  It  creates  an 

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instrument  providing  to  the  European  Union  information  on  how  many  third  country  nationals  enter 
and  leave  the  territory  of  the  EU,  which  is  indispensible  for  sustainable  and  evidence  based  policy 
making  in  the  field  of  migration  and  visa.  Furthermore,  it  is  proportionate  in  terms  of  the  right  to 
protection  of  personal  data  in  that  it  does  not  require  the  collection  and  storage  of  more  data  for  a 
longer period than is absolutely necessary to allow the system to function and meet its objectives. It is 
also  proportionate  in  terms  of  costs,  taking  into  account  the  benefits  the  system  will  provide  to  all 
Member  States  in  managing  the  common  external  border  and  progressing  towards  a  common  EU 
migration policy. 

The proposal therefore complies with the proportionality principle. 

•  Choice of instrument  

Proposed instruments: Regulation. 

Other means would not be adequate for the following reason(s): 

The  present  proposal  will  set  up  a  centralised  system  through  which  Member  States  cooperate  with 
each other, something which requires a common architecture and operating rules. Moreover it will lay 
down  rules  on  border  checks  at  the  external  borders  which  are  uniform  for  all  Member  States.  As  a 
consequence, only a Regulation can be chosen as a legal instrument. 

• 

Fundamental rights 

The  proposed  regulation  has  an  impact  on  fundamental  rights,  notably  on  the  protection  of  personal 
data (Article 8 of the Charter of Fundamental Rights of the EU), right to liberty and security (Article 6 
of the Charter), respect for private and family life (Article 7 of the Charter), right to asylum (Article 18 
of  the  Charter)  and  protection  in  the  event  of  removal,  expulsion  or  extradition  (Article  19  of  the 
Charter). 

The proposal contains safeguards as regards personal data, in particular access thereto, which should be 
strictly  limited  only  to  the  purpose  of  this  Regulation  and  to  the  therein  designated  competent 
authorities.  Safeguards  as  regards  personal  data  also  include  the  right  of  access  to  or  the  right  of 
correction or deletion of data.  

4. 

BUDGETARY IMPLICATION 

The Commission's proposal for the next multi-annual financial framework (MFF) includes a proposal 
of 4,6 billion EUR for the internal security Fund (ISF) for the period 2014-2020. In the proposal, 1,1 
billion EUR is set aside as an indicative amount for the development of an EES and an RTP assuming 
development costs would start from 201511.   

11 

Subject to the adoption by the Legislative Authority of the proposal establishing, as part of the Internal Security 
Fund, the instrument for financial support for external borders and visas (COM(2011) 750 final) and subject to the 
adoption by the Legislative Authority of the proposal for a Council Regulation laying down multiannual financial 
framework for the years 2014-2020 (COM(2011)398) and a sufficient level of resources being available under the 
expenditure ceiling of the pertinent budget heading. 

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This financial support would cover not only the costs of central components for the entire MFF period 
(EU  level,  both  development  and  operational  cost)  but  also  the  development  costs  for  the  national, 
Member States, components of these two systems, within the resources available. Providing financial 
support for national development costs would ensure that difficult economic circumstances at national 
level do not jeopardise or delay the projects. This includes an amount on 146 million EUR for costs at 
national level related to hosting the IT systems, the space for hosting the end-user equipment, and the 
space for operators' offices. It also includes an amount of 341 million EUR for costs at national level 
related to maintenance such as for hardware and software licenses. 

Once  the  new  systems  would  be  operational,  future  operational  costs  in  the  Member  States  could  be 
supported  by  their  national  programmes.  It  is  proposed  that  Member  States  may  use  50%  of  the 
allocations  under  the  national  programmes  to  support  operating  costs  of  IT  systems  used  for  the 
management of migration flows across the external borders of the Union. These costs may include the 
cost for the management of VIS, SIS and new systems set up in the period, staff costs, service costs, 
rental  of  secure  premises  etc.  Thus,  the  future  instrument  would  ensure  continuity  of  funding,  where 
appropriate.  

5. 

ADDITIONAL INFORMATION 

•  Participation 

This  proposal  builds  upon  the  Schengen  acquis  in  that  it  concerns  the  crossing  of  external  borders. 
Therefore  the  following  consequences  in  relation  to  the  various  protocols  and  agreements  with 
associated countries have to be considered: 

Denmark:  In  accordance  with  Articles  1  and  2  of  the  Protocol  (no  22)  on  the  position  of  Denmark, 
annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European 
Union  (TFEU),  Denmark  does  not  take  part  in  the  adoption  by  the  Council  of  measures  pursuant  to 
Title V of part Three of the TFEU.  

Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 
4 of that Protocol decide within a period of six months after the Council has decided on this Regulation 
whether it will implement it in its national law. 

United  Kingdom  and  Ireland:  In  accordance  with  Articles  4  and  5  of  the  Protocol  integrating  the 
Schengen acquis into the framework of the European Union and Council Decision 2000/365/EC of 29 
May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland, and 
Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some 
of  the  provisions  of  the  Schengen  acquis,  the  United  Kingdom  and  Ireland  do  not  take  part  in 
Regulation (EC) No 562/2006 (Schengen Borders Code). Therefore, the United Kingdom and Ireland 
are  not  taking  part  in  the  adoption  of  the  this  Regulation  and  are  not  bound  by  it  or  subject  to  its 
application. 

Iceland  and  Norway:  The  procedures  laid  down  in  the  Association  Agreement  concluded  by  the 
Council  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the  latter's  association 

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with the implementation, application and development of the Schengen acquis are applicable, since the 
present proposal builds on the Schengen acquis as defined in Annex A of this Agreement12. 

Switzerland: This Regulation constitutes a development of the provisions of the Schengen acquis, as 
provided for by the Agreement between the European Union, the European Community and the Swiss 
Confederation on the latter's association with the implementation, application and development of the 
Schengen acquis13. 

Liechtenstein: This Regulation constitutes a development of the provisions of the Schengen acquis, as 
provided  for  by  the  Protocol  between  the  European  Union,  the  European  Community,  the  Swiss 
Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein 
to the Agreement between the European Union, the European Community and the Swiss Confederation 
on the Swiss Confederation's association with the implementation, application and development of the 
Schengen acquis14. 

Cyprus, Bulgaria and Romenia: This Regulation establishing the EES replaces the respective obligation 
to verify the length of the stay and to stamp the passport of third country nationals. These provisions 
were to be applied by the acceding Member States upon accession to the European Union. 

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14 

OJ L 176, 10.7.1999, p. 36. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 160, 18.6.2011, p. 19. 

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2013/0057 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals 
crossing the external borders of the Member States of the European Union 

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 74 and 
Article 77(2)(b) and (d) thereof, 

Having regard to the proposal from the European Commission15, 

After transmission of the draft legislative act to the national parliaments, 

Having regard to the opinion of the European Economic and Social Committee16, 

Having regard to the opinion of the Committee of the Regions17, 

After consulting the European Data Protection Supervisor, 

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

(2) 

The Communication of the Commission of 13 February 2008 entitled 'preparing the next steps 
in  border  management  in  the  European  Union'18  outlined  the  need,  as  part  of  the  European 
integrated  border  management  strategy,  to  establish  an  Entry/Exit  System  which  registers 
electronically  the  time  and  place  of  entry  and  exit  of  third-country  nationals  admitted  for  a 
short stay to the Schengen area and which calculates the duration of their authorised stay. 

The  European  Council  of  19  and  20  June  2008  underlined  the  importance  of  continuing  to 
work on the development of the EU's integrated border management strategy, including better 
use of modern technologies to improve the management of external borders. 

15 
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18 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
COM (2008) 69 final 

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(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

The  Communication  of  the  Commission  of  10  June  2009,  entitled  'An  area  of  freedom, 
security  and  justice  serving  the  citizens',  advocates  establishing  an  electronic  system  for 
recording entry to and exit from Member States' territory via the crossing of external borders 
to ensure more effective management of access to this territory. 

The  European  Council  of  23  and  24  of  June  2011  called  for  work  on  "smart  borders"  to  be 
pushed  forward  rapidly.  The  Commission  published  a  Communication  "Smart  borders  – 
options and the way ahead" on 25 October 2011. 

It  is  necessary  to  specify  the  objectives  of  the  Entry/Exit  System  (EES)  and  its  technical 
architecture, to lay down rules concerning its operation and use and to define responsibilities 
for the system, the categories of data to be entered into the system, the purposes for which the 
data are to be entered, the criteria for their entry, the authorities authorised to access the data, 
the  interlinking  of  alerts  and  further  rules  on  data  processing  and  the  protection  of  personal 
data. 

The  EES  should  not  apply  to  third  country  nationals  who  are  family  members  of  Union 
citizens  holding  a  residence  card  as  provided  for  in  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 States19, or to 
holders  of  residence  permits  referred  to  in  the  Schengen  Borders  Code  as  their  stay  is  not 
limited to 90 days within 180 days. 

The  EES  should  have  the  objective  of  enhancing  border  control,  preventing  illegal 
immigration and facilitating the management of migration flows. The EES should in particular 
contribute  to  the  identification  of  any  person  who  may  not,  or  may  no  longer  fulfil  the 
conditions of duration of stay whithin the territory of the Member States. 

To meet those objectives, the EES should process alphanumeric data and, after a transitional 
period,  fingerprints.  The  impact  on  the  privacy  of  travellers  which  the  fingerprinting 
constitutes is justified  by two reasons. Fingerprints are a reliable method to identify persons 
who  are  found  within  the  territory  of  the  Member  States  not  in  possession  of  their  travel 
documents  or  any  other  means  of  identification,  a  common  modus  operandi  of  irregular 
migrants. Fingerprints also provide for more reliable matching of entry and exit data of legal 
travellers.  

Ten  fingerprints  should  be  enrolled  in  the  EES,  if  physically  possible,  to  allow  for  accurate 
verification  and  identification  and  to  guarantee  that  sufficient  data  is  available  in  every 
circumstance. 

The  use  of  fingerprints  should  be  subject  to  a  transitional  period  to  allow  Member  States  to 
adapt  the  border  check  process  and  handling  of  passenger  flows  to  avoid  increasing  waiting 
time at the border. 

19 

OJ L 158, 30.4.2004, p. 77. 

EN 

11 

   EN 

 
                                                 
(11) 

(12) 

(13) 

(14) 

(15) 

(16) 

(17) 

(18) 

The  technical  development  of  the  system  should  provide  for  the  possibility  of  access  to  the 
system for law enforcement purposes should this Regulation be amended in the future to allow 
for such access. 

The Agency for the operational management of large-scale information systems in the area of 
freedom, security and justice, established by Regulation (EU) No 1077/2011 of the European 
Parliament  and  of  the  Council  of  25 October  201120,  should  be  responsible  for  the 
development and operational management of a centralised EES. Such a system should consist 
of a Central Unit, a Back-up Central Unit, the Uniform Interfaces in each Member State, and 
the  Communication  Infrastructure  between  the  Central  EES  and  the  Network  Entry  Points. 
Member  States  should  be  responsible  for  the  development  and  operational  management  of 
their own national systems. 

To  allow  synergies  and  cost-efficiency,  the  EES  should,  to  the  extent  possible,  be 
implemented  in  parallel  with  the  Registered  Traveller  System  established  pursuant  to 
Regulation COM(2013)97 final.  

This Regulation should define the authorities of the Member States which can be authorised to 
have access to the EES to enter, amend, delete or consult data for the specific purposes of the 
EES and to the extent necessary for the performance of their tasks.  

Any processing of EES data should be proportionate to the objectives pursued and necessary 
for the performance of tasks of the competent authorities. When using the EES, the competent 
authorities  should  ensure  that  the  human  dignity  and  integrity  of  the  person,  whose  data  are 
requested, are respected and should not discriminate against persons on grounds of sex, racial 
or ethnic origin, religion or belief, disability, age or sexual orientation. 

The  personal  data  stored  in  the  EES  should  be  kept  for  no  longer  than  is  necessary  for  the 
purposes of the EES. It is appropriate to keep the data for six months since it is the minimum 
period required for the calculations of the duration of the stay. A longer period of maximum 
five  years  would  be  necessary  for  persons  who  have  not  exited  the  territory  of  the  Member 
States within the authorised period of stay. The data should be deleted after the period of five 
years, unless there are grounds to delete it earlier. 

Precise  rules  should  be  laid  down  as  regards  the  responsibilities  for  the  development  and 
operation of the EES, the responsibilities of the Member States for the national systems and 
the access to data by the national authorities. 

Rules on the liability of the Member States in respect to damage arising from any breach of 
this  Regulation  should  be  laid  down.  The  liability  of  the  Commission  in  respect  of  such 
damage is governed by the second paragraph of Article 340 of the Treaty. 

(19) 

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  and  on  the  free 

20 

OJ L 286, 1.11.2011, p 1. 

EN 

12 

   EN 

 
                                                 
(20) 

(21) 

(22) 

(23) 

(24) 

(25) 

movement of such data21 applies to the processing of personal data by the Member States in 
the application of this Regulation.  

Regulation  (EC)  No  45/2001  of  18  December  2000  of  the  European  Parliament  and  the 
Council on the protection of individuals with regard to the processing of personal data by the 
Community  institutions  and  bodies  and  on  the  free  movement  of  such  data22  applies  to  the 
activities of the Union institutions or bodies when carrying out their tasks as responsible for 
the operational management of EES.  

The independent supervisory authorities established in accordance with Article 28 of Directive 
95/46/EC  should  monitor  the  lawfulness  of  the  processing  of  personal  data  by  the  Member 
States, whilst the European Data Protection Supervisor as established by Regulation (EC) No 
45/2001  should  monitor  the  activities  of  the  Union  institutions  and  bodies  in  relation  to  the 
processing  of  personal  data.  The  European  Data  Protection  Supervisor  and  the  supervisory 
authorities should cooperate with each other in the monitoring of the EES. 

This Regulation respects the fundamental rights and observes the principles recognised by the 
Charter of Fundamental Rights of the European Union, in particular the protection of personal 
data (Article 8 of the Charter), the right to liberty and security (Article 6 of the Charter), the 
respect for private and family life (Article 7 of the Charter), the right to asylum (Article 18 of 
the  Charter),  protection  in  the  event  of  removal,  expulsion  or  extradition  (Article  19  of  the 
Charter), the right to an effective remedy (Article 47 of the Charter) and has to be applied in 
accordance with those rights and principles.  

The  effective  monitoring  of  the  application  of  this  Regulation  requires  evaluation  at  regular 
intervals. The conditions of giving access to the data stored in the system for law enforcement 
purposes and to third countries, and of retaining the data for different periods should further be 
evaluated in order to assess whether and, if so, how the system can contribute most effectively 
in  the  fight  against  terrorist  offences  and  other  serious  criminal  offences.  Given  the  high 
number of personal data contained in the EES and the need to fully respect the private life of 
individuals  whose  personal  data  are  processed  in  the  EES,  this  evaluation  should  take  place 
two  years  after  the  start  of  operations  and  take  into  consideration  the  results  of  the 
implementation of the VIS. 

The  Member  States  should  lay  down  rules  on  penalties  applicable  to  infringements  of  the 
provisions of this Regulation and ensure that they are implemented. 

In order to ensure uniform conditions for the implementation of this Regulation, implementing 
powers  should  be  conferred  on  the  Commission.  Those  powers  should  be  exercised  in 
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 
of 16 February 2011 laying down the rules and general principles concerning mechanisms for 
control by Member States of the Commision's exercise of implementing powers23. 

21 
22 
23 

OJ L 281, 23.11.1995, p. 31. 
OJ L 8, 12.1.2001, p. 1. 
OJ L 55, 28.2.2011, p. 13. 

EN 

13 

   EN 

 
                                                 
(26) 

(27) 

(28) 

(29) 

(30) 

(31) 

The  establishment  of  a  common  EES  at  the  level  of  the  area  without  controls  at  internal 
borders  and  the  creation  of  common  obligations,  conditions  and  procedures  for  use  of  data 
cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale 
and impact of the action, be better achieved at Union level in accordance with the principle of 
subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the 
principle of proportionality, as set out in that Article, the Regulation does not go beyond what 
is necessary in order to achieve this objective. 

In  accordance  with  Articles  1  and  2  of  the  Protocol  (No  22)  on  the  position  of  Denmark, 
annexed  to  the  Treaty  on  European  Union  and  to  the  Treaty  on  the  Functioning  of  the 
European  Union,  Denmark  is  not  taking  part  in  the  adoption  of  this  Regulation  and  is  not 
bound by it or subject to its application. Given that this Regulation builds upon the Schengen 
acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of 
six months after the Council has decided on this Regulation whether it will implement it in its 
national law. 

This Regulation constitutes a development of the provisions of the Schengen acquis in which 
the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 
29  May  2000  concerning  the  request  of  the  United  Kingdom  of  Great  Britain  and  Northern 
Ireland to take part in some of the provisions of the Schengen acquis24; the United Kingdom is 
therefore not taking part in its adoption and is not bound by it or subject to its application. 

This Regulation constitutes a development of the provisions of the Schengen acquis in which 
Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 
2002  concerning  Ireland’s  request  to  take  part  in  some  of  the  provisions  of  the  Schengen 
acquis25; Ireland is therefore not taking part in its adoption and is not bound by it or subject to 
its application. 

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of 
the  Schengen  acquis  within  the  meaning  of  the  Agreement  concluded  by  the  Council  of  the 
European  Union  and  the  Republic  of  Iceland  and  the  Kingdom  of  Norway  concerning  the 
latters'  association  with  the  implementation,  application  and  development  of  the  Schengen 
acquis26,  which  fall  within  the  area  referred  to  in  Article  1,  point  A  of  Council  Decision 
1999/437/EC of 17 May 1999 on certain arrangements for the application of that Agreement27. 

As  regards  Switzerland,  this  Regulation  constitutes  a  development  of  the  provisions  of  the 
Schengen  acquis  within  the  meaning  of  the  Agreement  between  the  European  Union,  the 
European Community and the Swiss Confederation on the Swiss Confederation's association 
with  the  implementation,  application  and  development  of  the  Schengen  acquis28  which  fall 
within the area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 
1999 read in conjunction with Article 3 of Council Decision 2008/146/EC29. 

24 
25 
26 
27 
28 
29 

OJ L 131, 1.6.2000, p. 43. 
OJ L 64, 7.3.2002, p. 20. 
OJ L 176, 10.7.1999, p. 36. 
OJ L 176, 10.7.1999, p. 31. 
OJ L 53, 27.2.2008, p. 52. 
OJ L 53, 27.2.2008, p. 1. 

EN 

14 

   EN 

 
                                                 
(32) 

As  regards  Liechtenstein,  this  Regulation  constitutes  a  development  of  the  provisions  of  the 
Schengen acquis, as provided for by the Protocol between the European Union, the European 
Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of 
the Principality of Liechtenstein to the Agreement between the European Union, the European 
Community  and  the  Swiss  Confederation  on  the  Swiss  Confederation's  association  with  the 
implementation, application and development of the Schengen acquis30 which fall within the 
area referred to in Article 1, point A of Council Decision 1999/437/EC of 17 May 1999 read in 
conjunction with Article 3 of Council Decision 2011/350/EU31. 

HAVE ADOPTED THIS REGULATION: 

CHAPTER 1 
General Provisions 

Article 1 
Subject matter  

A  system  referred  to  as  the  'Entry/Exit  System'  (EES)  is  hereby  established  for  the  recording  and 
storage of information on the time and place of entry and exit of third country nationals crossing the 
external borders and admitted for a short stay in the territory of the Member States, for the calculation 
of the duration of their stay, and for the generation of alerts to Member States when authorised periods 
for stay have expired. 

1. 

2. 

1. 

Article 2 
Set-up of the EES 

The EES shall have the structure determined in Article 6. 

The Agency for the operational management of large-scale information systems in the area of 
freedom,  security  and  justice  (hereinafter  the  Agency)  is  hereby  entrusted  with  the  tasks  of 
development  and  operational  management  of  the  EES,  including  the  functionalities  for 
processing biometric data referred to in Article 12. 

Article 3  
Scope 

This  Regulation  shall  apply  to  any  third  country  national  admitted  for  a  short  stay  in  the 
territory  of  the  Member  States  subject  to  border  checks  in  accordance  with  the  Schengen 
Borders Code when crossing the external borders of the Member States. 

2. 

This Regulation shall not apply to the crossing of external borders by: 

30 
31 

OJ L 160, 18.6.2011, p. 21. 
OJ L 160, 18.6.2011, p. 19. 

EN 

15 

   EN 

 
                                                 
(a)  members of the family of a Union citizen to whom Directive 2004/38/EC applies who 

hold a residence card referred to in that Directive; 

(b)  members  of  the  family  of  nationals  of  third  countries  enjoying  the  right  of  free 
movement  under  Union  law  who  hold  a  residence  card  referred  to  in  Directive 
2004/38/EC; 

This Regulation shall not apply to family members mentioned in points (a) and (b) even 
if  they  are  not  accompanying  or  joining  the  Union  citizen  or  a  third-country  national 
enjoying the right of free movement; 

(c) 

holders of residence permits referred to in Article 2 (15) of the Schengen Borders Code; 

(d)  nationals of Andorra, Monaco and San Marino. 

Article 4 
Purpose 

The  EES  shall  have  the  purpose  of  improving  the  management  of  the  external  borders  and  the  fight 
against  irregular  immigration,  the  implementation  of  the  integrated  border  management  policy,  the 
cooperation  and  consultation  between  border  and  immigration  authorities  by  providing  access  by 
Member States to the information of the time and place of the entry and exit of third country nationals 
at the external borders and facilitating decisions relating thereto, in order: 

–  to enhance checks at external border crossing points and combat irregular immigration; 

–  to  calculate  and  monitor  the  calculation  of  the  duration  of  the  authorised  stay  of  third-country 

nationals admitted for a short stay;  

–  to assist in the identification of any person who may not, or may no longer, fulfil the conditions for 

entry to, or stay on the territory of the Member States; 

–  to  enable  national  authorities  of  the  Member  States  to  identify  overstayers  and  take  appropriate 

measures;  

–  to gather statistics on the entries and exits of third country nationals for the purpose of analysis. 

Article 5 
Definitions 

For the purposes of this Regulation, the following definitions shall apply: 

(1) 

(2) 

‘external  borders'  means  external  borders  as  defined  in  Article  2(2)  of  the  Schengen 
Borders Code; 

'border  authorities'  means  the  competent  authorities  assigned,  in  accordance  with 
national law, to  carry out checks on persons at  the external  border crossing points in 
accordance with the Schengen Borders Code; 

EN 

16 

   EN 

 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

‘immigration authorities’ means the competent authorities assigned, in accordance with 
national law, to examine the conditions and take decisions related to the stay of third 
country nationals on the territory of the Member States; 

'visa authorities' means the authorities which are responsible in each Member State for 
examining  and  for  taking  decisions  on  visa  applications  or  for  decisions  whether  to 
annul, revoke or extend visas, including the central visa authorities and the authorities 
responsible for issuing visas at the border in accordance with the Visa Code32; 

'third-country national' means any person who is not a citizen of the Union within the 
meaning  of  Article  20  of  the  Treaty,  with  the  exception  of  persons  who  under 
agreements between the Union or the Union and its Member States, on the one hand, 
and third countries, on the other, enjoy rights of free movement equivalent to those of 
Union citizens;  

‘travel document’ means a passport or other equivalent document, entitling the holder 
to cross the external borders and to which a visa may be affixed; 

'short stay' means stays in the territory of the Member States of a duration of no more 
than 90 days in any 180 days period;  

'Member State responsible’ means the Member State which has entered the data in the 
EES; 

'verification’ means the process of comparison of sets of data to establish the validity 
of a claimed identity (one-to-one check); 

'identification’ means the process of determining a person’s identity through a database 
search against multiple sets of data (one-to-many check); 

'alphanumeric data’ means data represented by letters, digits, special characters, space 
and punctuation marks; 

(12) 

'biometric data' means fingerprints;  

(13) 

‘overstayer’ means a third country national who does not fulfil, or no longer fulfils the 
conditions relating to the duration of a short stay on the territory of the Member States; 

(14) 

'Agency' means the agency established by Regulation (EU) No 1077/201133; 

(15) 

'Frontex' means the European Agency for the Management of Operational Cooperation 
at  the  External  Borders  of  the  Member  States  of  the  European  Union  established  by 
Regulation (EC) No 2007/200434; 

32 
33 
34 

OJ L 243,15.9.2009, p.1 
OJ L 286,1.11.2011,p.1 
OJ L 349,25.11.2004,p.1 

EN 

17 

   EN 

 
                                                 
(16) 

(17) 

'supervisory authority' means the supervisory authority established in accordance with 
Article 28 of Directive 95/46/EC;  

'operational management' means all the tasks necessary to keep large-scale IT systems 
functioning,  including  responsibility  for  the  communication  infrastructure  used  by 
them; 

(18) 

'development' means all the tasks necessary to create a large-scale IT system, including 
the communication infrastructure used by it. 

Article 6  
Technical architecture of the EES 

The EES shall be composed of: 

(a) 

(b) 

(c) 

(d) 

a Central System comprising a Central Unit and a Back-up Central Unit, capable of ensuring 
all the functionalities of the Central Unit in the event of the failure of the system; 

a  National  System  comprising  the  required  hardware,  software  and  national  communication 
infrastructure to connect the end user devices of the competent authorities as defined in Article 
7(2) with the Network Entry Points in each Member State; 

a  Uniform  Interface  in  each  Member  State  based  on  common  technical  specifications  and 
identical for all Member States; 

the Network Entry Points, which are part of the Uniform Interface and are the national points 
of access connecting the National System of each Member State to the Central System and  

(e) 

the Communication Infrastructure between the Central System and the Network Entry Points. 

Article 7 
Access for entering, amending, deleting and consulting data 

1. 

2. 

In  accordance  with  Article  4,  access  to  the  EES  for  entering,  amending,  deleting  and 
consulting the data referred to in Articles 11 and 12 in accordance with this Regulation shall 
be reserved exclusively to duly authorised staff of the authorities of each Member State which 
are competent for the purposes laid down in Articles 15 to 22, limited to the extent needed for 
the  performance  of  the  tasks  in  accordance  with  this  purpose,  and  proportionate  to  the 
objectives pursued. 

Each  Member  State  shall  designate  the  competent  authorities,  including  border,  visa  and 
immigration authorities, the duly authorised staff of which shall have access to enter, amend, 
delete or consult data in the EES. Each Member State shall without delay communicate to the 
Agency a list of these authorities. That list shall specify for which purpose each authority may 
have access to the data in the EES. 

Within three months after the EES has become operational in accordance with Article 41, the 
Agency shall publish a consolidated list in the Official Journal of the European Union. Where 

EN 

18 

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there are amendments thereto, the Agency shall publish once a year an updated consolidated 
list. 

Article 8  
General principles 

1. 

2. 

Each  competent  authority  authorised  to  access  the  EES  in  accordance  with  this  Regulation 
shall  ensure  that  the  use  of  the  EES  is  necessary,  appropriate  and  proportionate  to  the 
performance of tasks of the competent authorities.  

Each competent authority shall ensure that in using the EES, it does not discriminate against 
third country nationals on grounds of sex, racial or ethnic origin, religion or belief, disability, 
age or sexual orientation and that it fully respects the human dignity and the integrity of the 
person. 

Article 9 
Automated calculator 

The EES shall incorporate an automated mechanism that indicates the maximum authorised duration of 
stay  in  accordance  with  Article  5(1)  of  the  Schengen  Borders  Code  for  each  third-country  national 
registered in the EES.  

The automated calculator shall: 

(a) 

inform the competent authorities and the third-country national of the authorised length of stay 
on border entry; 

(b) 

identify third country nationals upon exit who have overstayed. 

Article 10 
Information mechanism 

1. 

2. 

The EES shall include a mechanism that shall automatically identify which entry/exit records 
do not have exit data immediately following the date of expiry of the authorised length of stay 
and identify records for which the maximum stay allowance has been exceeded. 

A list, generated by the system, containing the data referred to in Article 11 of all identified 
overstayers shall be available to the designated competent national authorities. 

EN 

19 

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CHAPTER II 
 Entry and use of data by border authorities 

Article 11 
Personal data for visa holders 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

2. 

(a) 

(b) 

(c) 

3. 

(a) 

(b) 

In  the  absence  of  a  previous  registration  of  a  third  country  national  in  the  EES  where  a 
decision  to  authorise  the  entry  of  a  visa  holder  has  been  taken  in  accordance  with  the 
Schengen Borders Code, the border authority shall create the individual file of the person by 
entering the following data: 

surname (family name), surname at birth (earlier family name(s)), first name(s) (given names); 
date of birth, place of birth, country of birth, nationality or nationalities and sex; 

type and number of the travel document or documents, the authority which issued it or them 
and the date of issue; 

three letter code of the issuing country, and the the date of expiry of the validity of the travel 
document(s); 

the visa sticker number, including the three letter code of the issuing Member State, and the 
date of expiry of the validity of the visa, if applicable; 

at the first entry on the basis of the visa, the number of entries and the authorised period of 
stay as indicated on the visa sticker; 

if applicable, information that the person has been granted access to the Registered Traveller 
Programme in accordance with Regulation COM(2013)97 final, the unique identifier number 
and status of participation. 

On each entry of that person the following data shall be entered in an entry/exit record, which 
shall  be  linked  to  the  individual  file  of  that  person  using  the  individual  reference  number 
created by the EES upon creation of that file: 

date and time of the entry; 

Member State of entry, the border crossing point and authority that authorised the entry;  

the calculation of the number of days of the authorised stay(s) and the date of the last day of 
authorised stay.  

On exit the following data shall be entered in the entry/exit record linked to the individual file 
of that person: 

date and time of the exit; 

the Member State and the border crossing point of the exit. 

EN 

20 

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Article 12 
Personal data for third country nationals exempt from the visa obligation 

In  the  absence  of  a  previous  registration  of  a  third  country  national  in  the  EES  where  a 
decision has been taken to authorise the entry in accordance with the Schengen Borders Code 
of  a  national  of  a  third  country  exempt  from  the  visa  obligation,  the  border  authority  shall 
create  an  individual  file  and  enter  ten  fingerprints  in  the  individual  file  of  that  person,  in 
addition to the data referred to in Article 11, with the exception of the information referred to 
in Article 11 paragraph 1(d) and(e). 

Children  under  the  age  of  12  shall  be  exempt  from  the  requirement  to  give  fingerprints  for 
legal reasons. 

Persons  for  whom  fingerprinting  is  physically  impossible  shall  be  exempt  from  the 
requirement to give fingerprints for factual reasons. 

However,  should  the  impossibility  be  of  a  temporary  nature,  the  person  shall  be  required  to 
give the fingerprints at the following entry. The border authorities shall be entitled to request 
further clarification on the grounds for the temporary impossibility to provide fingerprints. 

Member States shall ensure that appropriate procedures guaranteeing the dignity of the person 
are in place in the event of encountered difficulties with capturing fingerprints. 

Where the person concerned is exempt from the requirement to give fingerprints for legal or 
factual reasons pursuant to paragraphs 2 or 3, the specific data field shall be marked as ‘not 
applicable’.  The  system  shall  permit  a  distinction  to  be  made  between  the  cases  where 
fingerprints are not required to be provided for legal reasons and the cases where they cannot 
be provided for factual reasons. 

For  a  period  of  three  years  after  the  EES  has  started  operation  only  the  alphanumeric  data 
referred to in paragraph 1 shall be recorded. 

1. 

2. 

3. 

4. 

5. 

Article 13 
Procedures for entering data at border crossing points where a previous file has been registered  

If a previous file has been registered, the border authority shall, if necessary, update the file data, enter 
an entry/exit record for each entry and exit in accordance with Articles 11 and 12 and link that record 
to the individual file of the person concerned.  

Article 14 
Data to be added where an authorisation to stay is revoked or extended 

1. 

(a) 

Where a decision has been taken to revoke an authorisation to stay or to extend the duration of 
the authorised stay, the competent authority that has taken the decision shall add the following 
data to the entry/exit record: 

the  status  information  indicating  that  the  authorisation  to  stay  has  been  revoked  or  that  the 
duration of the authorised stay has been extended; 

EN 

21 

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(b) 

(c) 

(d) 

2. 

(a) 

(b) 

3. 

4. 

1. 

2. 

the authority that revoked the authorisation to stay or extended the duration of the authorised 
stay; 

the place and date of the decision to revoke the authorisation to stay or to extend the duration 
of the authorised stay; 

the new expiry date of the authorisation to stay.  

The  entry/exit  record  shall  indicate  the  ground(s)  for  revocation of  the  authorisation  to  stay, 
which shall be:  

the grounds on which the person is being expelled; 

any other decision taken by the competent authorities of the Member State, in accordance with 
national  legislation,  resulting  in  the  removal  or  departure  of  the  third  country  national  who 
does not fulfil or no longer fulfils the conditions for the entry to or stay in the territory of the 
Member States. 

The  entry/exit  record  shall  indicate  the  grounds  for  extending  the  duration  of  an  authorised 
stay. 

When  a  person  has  departed  or  been  removed  from  the  territories  of  the  Member  States 
pursuant to a decision, as referred to in paragraph 2(b), the competent authority shall enter the 
data in accordance with Article 13 in the entry/exit record of that specific entry. 

Article 15 
Use of data for verification at the external borders 

Border authorities shall have access to the EES for consulting the data to the extent the data is 
required for the performance of border control tasks. 

For the purposes referred to in paragraph 1, the border authorities shall have access to search 
with the data referred to in Article 11(1)(a) in combination with some or all of the following 
data:  

–  the data referred to in Article 11(1)(b); 

–  the data referred to in Article 11(1)(c); 

–  the visa sticker number referred to in Article 11(1)(d); 

–  the data referred to in Article 11(2)(a); 

–  the Member State and border crossing point of entry or exit; 

–  the data referred to in Article 12. 

CHAPTER III 
Entry of data and use of the EES by other authorities  

EN 

22 

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Article 16 
Use of the EES for examining and deciding on visa applications 

Visa authorities shall consult the EES for the purposes of the examination of visa applications 
and decisions relating to those applications, including decisions to annul, revoke or extend the 
period  of  validity  of  an  issued  visa  in  accordance  with  the  relevant  provisions  of  the  Visa 
Code. 

For the purposes referred to in paragraph 1, the visa authority shall be given access to search 
with one or several of the following data: 

the data referred to in Article 11(1)(a), (b) and (c); 

the visa sticker number, including the three letter code of the issuing Member State referred to 
in Article 11(1)(d); 

the data referred to in Article 12. 

If the search with the data listed in paragraph 2 indicates that data on the third country national 
are  recorded  in  the  EES,  visa  authorities  shall  be  given  access  to  consult  the  data  of  the 
individual  file  of  that  person  and  the  entry/exit  records  linked  to  it  solely  for  the  purposes 
referred to in paragraph 1. 

Article 17  
Use of the EES for examining applications for access to the RTP 

The  competent  authorities  refered  to  in  Article  4  of  Regulation  COM(2013)97  final  shall 
consult  the  EES  for  the  purposes  of  the  examination  of  RTP  applications  and  decisions 
relating  to  those  applications,  including  decisions  to  refuse,  revoke  or  extend  the  period  of 
validity of access to the RTP in accordance with the relevant provisions of that Regulation. 

For the purposes referred to in paragraph 1, the competent authority shall be given access to 
search with one or several of the data referred to in Article 11(1)(a), (b) and (c).  

If the search with the data listed in paragraph 2 indicates that data on the third country national 
are recorded in the EES, the competent authority shall be given access to consult the data of 
the individual file of that person and the entry/exit records linked to it solely for the purposes 
referred to in paragraph 1. 

Article 18 
Access to data for verification within the territory of the Member States  

For  the  purpose  of  verifying  the  identity  of  the  third  country  national  and/or  whether  the 
conditions  for  entry  to  or  stay  on  the  territory  of  the  Member  States  are  fulfilled,  the 
competent authorities of the Member States, shall have access to search with the data referred 
to in Article 11(1)(a), (b) and (c), in combination with fingerprints refered to in Article 12. 

If the search with the data listed in paragraph 1 indicates that data on the third country national 
is recorded in the EES, the competent authority shall be given access to consult the data of the 

1. 

2. 

(a) 

(b) 

(c) 

3. 

1. 

2. 

3. 

1. 

2. 

EN 

23 

   EN 

 
 
individual  file  of  that  person  and  the  entry/exit  record(s)  linked  to  it  solely  for  the  purposes 
referred to in paragraph 1. 

Article 19 
Access to data for identification 

Solely  for  the  purpose  of  the  identification  of  any  person  who  may  not,  or  may  no  longer, 
fulfil the conditions for entry to, stay or residence on the territory of the Member States, the 
authorities competent for carrying out checks at external border crossing points in accordance 
with the Schengen Borders Code or within the territory of the Member States as to whether the 
conditions  for  entry  to,  stay  or  residence  on  the  territory  of  the  Member  States  are  fulfilled, 
shall have access to search with the fingerprints of that person. 

If the search with the data listed in paragraph 1 indicates that data on the person are recorded 
in the EES, the competent authority shall be given access to consult the data of the individual 
file and the linked entry/exit records), solely for the purposes referred to in paragraph 1. 

CHAPTER IV 
Retention and amendment of the data 

Article 20 
 Retention period for data storage 

Each entry/exit record shall be stored for a maximum of 181 days. 

Each individual file together with the linked entry/exit record(s) shall be stored in the EES for 
a  maximum  of  91  days  after  the  last  exit  record,  if  there  is  no  entry  record  within  90  days 
following that last exit record.  

By way of derogation from paragraph 1, if there is no exit record following the date of expiry 
of the authorised period of stay, the data shall be stored for a maximum period of five years 
following the last day of the authorised stay.  

Article 21 
Amendment of data 

The competent authorities of the Member States designated in accordance with Article 7 shall 
have the right to amend data which has been introduced into the EES, by correcting or deleting 
such data in accordance with this Regulation. 

The information on persons referred to in Article 10(2) shall be deleted without delay where 
the  third-country  national  provides  evidence  in  accordance  with  the  national  law  of  the 
Member State responsible, that he or she was forced to exceed the authorised duration of stay 
due to unforeseeable and serious event, that he or she has acquired a legal right to stay or in 
case of errors. The third-country national shall have access to an effective judicial remedy to 
ensure the data is amended.  

1. 

2. 

1. 

2. 

3. 

1. 

2 

EN 

24 

   EN 

 
Article 22 
Advance data deletion 

Where, before expiry of the period referred to in Article 20, a third country national has acquired the 
nationality of a Member State, or has fallen under the derogation of Article 3(2), the individual file and 
the records linked to it in accordance with Articles 11 and 12, shall be deleted without delay from the 
EES  by  the  Member  State  the  nationality  of  which  he  or  she  has  acquired  or  the  Member  State  that 
issued the residence card. The individual shall have access to an effective judicial remedy to ensure the 
data is deleted. 

CHAPTER V 
Development, Operation and Responsibilities 

Article 23 
Adoption of implementation measures by the Commission prior to development 

The  Commission  shall  adopt  the  following  measures  necessary  for  the  development  and 
technical 
the 
Communication Infrastructure including specifications with regard to:  

the  Uniform  Interfaces,  and 

the  Central  System, 

implementation  of 

(a) 

(b) 

the specifications for the resolution and use of fingerprints for biometric verification in 
the EES;  

the  design  of  the  physical  architecture  of  the  system  including  its  communication 
infrastructure; 

(c) 

entering the data in accordance with Article 11 and 12;  

(d) 

accessing the data in accordance with Articles 15 to 19; 

(e)  keeping, amending, deleting and advance deleting of data in accordance with Articles 21 

and 22; 

(f) 

keeping and accessing the records in accordance with Article 30;  

(g)  performance requirements. 

Those implementing acts shall be adopted in accordance with the procedure referred to in Article 42. 

The technical specifications and their evolution as regards the Central Unit, the Back-up Central Unit, 
the  Uniform  Interfaces,  and  the  Communication  Infrastructure  shall  be  defined  by  the  Agency  after 
receiving a favorable opinion of the Commission. 

Article 24 
Development and operational management 

1. 

The Agency shall be responsible for the development of the Central Unit, the Back-Up Central 
Unit,  the  Uniform  Interfaces  including  the  Network  Entry  Points  and  the  Communication 
Infrastructure.  

EN 

25 

   EN 

 
 
The Central Unit, the Back-up Central Unit, the Uniform Interfaces, and the Communication 
Infrastructure  shall  be  developed  and  implemented  by  the  Agency  as  soon  as  possible  after 
entry into force of this Regulation and adoption by the Commission of the measures provided 
for in Article 23(1). 

The  development  shall  consist  of  the  elaboration  and  implementation  of  the  technical 
specifications, testing and overall project coordination.  

2. 

The  Agency  shall  be  responsible  for  the  operational  management  of  the  Central  Unit,  the 
Back-Up  Central  Unit,  and  the  Uniform  Interfaces.  It  shall  ensure,  in  cooperation  with  the 
Member States at all times the best available technology, subject to a cost-benefit analysis. 

The Agency shall also be responsible for the operational management of the Communication 
Infrastructure between the Central system and the Network Entry Points. 

Operational management of the EES shall consist of all the tasks necessary to keep the EES 
functioning 24 hours a day, 7 days a week in accordance with this Regulation, in particular the 
maintenance work and technical developments necessary to ensure that the system functions at 
a  satisfactory  level  of  operational  quality,  in  particular  as  regards  the  time  required  for 
interrogation  of  the  central  database  by  border  crossing  points,  which  should  be  as  short  as 
possible. 

Without prejudice to Article 17 of the Staff Regulations of Officials of the European Union, 
the Agency shall apply appropriate rules of professional secrecy or other equivalent duties of 
confidentiality  to  its  entire  staff  required  to  work  with  EES  data.  This  obligation  shall  also 
apply after such staff leave office or employment or after the termination of their activities. 

Article 25 
National Responsibilities 

Each Member State shall be responsible for: 

the development of the National System and the connection to the EES; 

the organisation, management, operation and maintenance of its National System; and 

the  management  and  arrangements  for  access  of  duly  authorised  staff  of  the  competent 
national  authorities  to  the  EES  in  accordance  with  this  Regulation  and  to  establish  and 
regularly update a list of such staff and their profiles. 

Each Member State shall designate a national authority, which shall provide the access of the 
competent authorities referred to in Article 7 to the EES, and connect that national authority to 
the Network Entry Point. 

Each Member State shall observe automated procedures for processing the data. 

Before being authorised to process data stored in the EES, the staff of the authorities having a 
right  to  access  the  EES  shall  be  given  appropriate  training  about  data  security  and  data 
protection rules. 

3. 

1. 

(a) 

(b) 

(c) 

2. 

3. 

4. 

EN 

26 

   EN 

 
5. 

1. 

(a) 

(b) 

(c) 

2. 

(a) 

(b) 

3. 

1. 

2. 

(a) 

Costs  incurred  by  the  National  System  as  well  as  by  hosting  the  National  Interface  shall  be 
borne by the Union budget. 

Article 26 
Responsibility for the use of data 

Each Member State shall ensure that the data recorded in the EES is processed lawfully, and in 
particular that only duly authorised staff have access to the data for the performance of their 
tasks in accordance with Articles 15 to 19 of this Regulation. The Member State responsible 
shall ensure in particular that: 

the data is collected lawfully; 

the data is registered lawfully into the EES; 

the data is accurate and up-to-date when it is transmitted to the EES. 

The Agency shall ensure that the EES is operated in accordance with this Regulation and the 
implementing acts referred to in Article 23. In particular, the Agency shall: 

take  the  necessary  measures  to  ensure  the  security  of  the  Central  System  and  the 
communication  infrastructure  between  the  Central  System  and  the  Network  Entry  Points, 
without prejudice to the responsibilities of each Member State; 

ensure  that  only  duly  authorised  staff  has  access  to  data  processed  in  the  EES  for  the 
performance of the tasks of the Agency in accordance with this Regulation. 

The  Agency  shall  inform  the  European  Parliament,  the  Council  and  the  Commission  of  the 
measures it takes pursuant to paragraph 2 for the start of operations of the EES. 

Article 27 
Communication of data to third countries, international organisations and private parties 

Data  stored  in  the  EES  shall  not  be  transferred  or  made  available  to  a  third  country,  to  an 
international organisation or any private party.  

By way of derogation from paragraph 1, the data referred to in Article 11(1)(a), (b) and (c) and 
Article  12  (1)  may  be  transferred  or  made  available  to  a  third  country  or  to  an  international 
organisation listed in the Annex if necessary in individual cases for the purpose of proving the 
identity  of  third-country  nationals,  including  for  the  purpose  of  return,  only  where  the 
following conditions are satisfied: 

the  Commission  has  adopted  a  decision  on  the  adequate  protection  of  personal  data  in  that 
third  country  in  accordance  with  Article  25(6)  of  Directive  95/46/EC,  or  a  readmission 
agreement  is  in  force  between  the  Community  and  that  third  country,  or  Article  26(1)(d)  of 
Directive 95/46/EC applies; 

(b) 

the third country or international organisation agrees to use the data only for the purpose for 
which they were provided; 

EN 

27 

   EN 

 
(c) 

(d) 

3. 

1. 

2. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the data are transferred or made available in accordance with the relevant provisions of Union 
law,  in  particular  readmission  agreements,  and  the  national  law  of  the  Member  State  which 
transferred or made the data available, including the legal provisions relevant to data security 
and data protection; and 

the Member State which entered the data in the EES has given its consent. 

Transfers  of  personal  data  to  third  countries  or  international  organisations  pursuant  to 
paragraph  2  shall  not  prejudice  the  rights  of  refugees  and  persons  requesting  international 
protection, in particular as regards non-refoulement. 

Article 28 
Data security  

The  Member  State  responsible  shall  ensure  the  security  of  the  data  before  and  during  the 
transmission to the Network Entry Point. Each Member State shall ensure the security of the 
data it receives from the EES. 

Each  Member  State  shall,  in  relation  to  its  National  System,  adopt  the  necessary  measures, 
including a security plan, in order to: 

physically  protect  data,  including  by  making  contingency  plans  for  the  protection  of  critical 
infrastructure; 

deny unauthorised persons access to national installations in which the Member State carries 
out  operations  in  accordance  with  the  purposes  of  the  EES  (checks  at  entrance  to  the 
installation); 

prevent the unauthorised reading, copying, modification or removal of data media (data media 
control); 

prevent  the  unauthorised  input  of  data  and  the  unauthorised  inspection,  modification  or 
deletion of stored personal data (storage control); 

prevent the unauthorised processing of data in the EES and any unauthorised modification or 
deletion of data processed in the EES (control of data entry); 

ensure that persons authorised to access the EES have access only to the data covered by their 
access authorisation, by means of individual user identities and confidential access modes only 
(data access control); 

ensure  that  all  authorities  with  a  right  of  access  to  the  EES  create  profiles  describing  the 
functions  and  responsibilities  of  persons  who  are  authorised  to  enter,  amend,  delete,  consult 
and  search  the  data  and  make  their  profiles  available  to  the  supervisory  authorities  without 
delay at their request (personnel profiles); 

(h) 

ensure  that  it  is  possible  to  verify  and  establish  to  which  bodies  personal  data  may  be 
transmitted using data communication equipment (communication control); 

EN 

28 

   EN 

 
(i) 

(j) 

(k) 

3. 

1. 

2. 

3. 

1. 

2. 

ensure  that  it  is  possible  to  verify  and  establish  what  data  has  been  processed  in  the  EES, 
when, by whom and for what purpose (control of data recording);  

prevent the unauthorised reading, copying, modification or deletion of personal data during the 
transmission  of  personal  data  to  or  from  the  EES  or  during  the  transport  of  data  media,  in 
particular by means of appropriate encryption techniques (transport control); 

monitor  the  effectiveness  of  the  security  measures  referred  to  in  this  paragraph  and  take  the 
necessary  organisational  measures  related  to  internal  monitoring  to  ensure  compliance  with 
this Regulation (self-auditing). 

The  Agency  shall  take  the  necessary  measures  in  order  to  achieve  the  objectives  set  out  in 
paragraph 2 as regards the operation of the EES, including the adoption of a security plan. 

Article 29 
Liability 

Any  person  who,  or  Member  State  which,  has  suffered  damage  as  a  result  of  an  unlawful 
processing operation or any act incompatible with this Regulation shall be entitled to receive 
compensation from the Member State which is responsible for the damage suffered. That State 
shall be exempted from its liability, in whole or in part, if it proves that it is not responsible for 
the event giving rise to the damage. 

If any failure of a Member State to comply with its obligations under this Regulation causes 
damage to the EES, that Member State shall be held liable for such damage, unless and insofar 
as  the  Agency  or  another  Member  State  participating  in  EES  failed  to  take  reasonable 
measures to prevent the damage from occurring or to minimise its impact. 

Claims for compensation against a Member State for the damage referred to in paragraphs 1 
and 2 shall be governed by the provisions of national law of the defendant Member State. 

Article 30 
Keeping of records 

Each Member State and the Agency shall keep records of all data processing operations within 
the EES. These records shall show the purpose of access referred to in Article 7, the date and 
time, the type of data transmitted as referred to in Article 11 to 14, the type of data used for 
interrogation  as  referred  to  in  Articles  15  to  19  and  the  name  of  the  authority  entering  or 
retrieving  the  data.  In  addition,  each  Member  State  shall  keep  records  of  the  staff  duly 
authorised to put in or retrieve the data. 

Such records may be used only for the data protection monitoring of the admissibility of data 
processing  as  well  as  to  ensure  data  security.  The  records  shall  be  protected  by  appropriate 
measures against unauthorised access and deleted after a period of one year after the retention 
period  referred  to  in  Article  20  has  been  expired,  if  they  are  not  required  for  monitoring 
procedures which have already begun. 

EN 

29 

   EN 

 
Article 31 
Self-monitoring 

Member  States  shall  ensure  that  each  authority  entitled  to  access  EES  data  takes  the  measures 
necessary  to  comply  with  this  Regulation  and  cooperates,  where  necessary,  with  the  supervisory 
authority. 

Article 32 
Penalties 

Member States shall take the necessary measures to ensure that any misuse of data entered in the EES 
is  punishable  by  penalties,  including  administrative  and/or  criminal  penalties  in  accordance  with 
national law, that are effective, proportionate and dissuasive.  

CHAPTER VI 
Rights and supervision on data protection 

Article 33 
Right of information 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

Persons whose data are recorded in the EES shall be informed of the following by the Member 
State responsible: 

the identity of the controller referred to in Article 37(4); 

the purposes for which the data will be processed within the EES; 

the categories of recipients of the data; 

the data retention period; 

that the collection of the data is mandatory for the examination of entry conditions; 

the existence of the right of access to data relating to them, the right to request that inaccurate 
data  relating  to  them  be  corrected  or  that  unlawfully  processed  data  relating  to  them  be 
deleted, including the right to receive information on the procedures for exercising those rights 
and contact details of the national supervisory authorities, or of the European Data Protection 
Supervisor if applicable, which shall hear claims concerning the protection of personal data. 

2. 

The information referred to in paragraph 1 shall be provided in writing.  

Article 34 
Right of access, correction and deletion 

1. 

Without  prejudice  to  the  obligation  to  provide  other  information  in  accordance  with  Article 
12(a) of Directive 95/46/EC, any person shall have the right to obtain communication of the 
data relating to him or her recorded in the EES and of the Member State which transmitted it 

EN 

30 

   EN 

 
2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

to the EES. Such access to data may be granted only by a Member State. Each Member State 
shall record any requests for such access. 

Any person may request that data relating to him or her which is inaccurate be corrected and 
that  data  recorded  unlawfully  be  deleted.  The  correction  and  deletion  shall  be  carried  out 
without delay by the Member State responsible, in accordance with its laws, regulations and 
procedures. 

If  the  request  as  provided  for  in  paragraph  2  is  made  to  a  Member  State,  other  than  the 
Member State responsible, the authorities of the Member State to which the request has been 
lodged shall contact the authorities of the Member State responsible within a time limit of 14 
days. The Member State responsible shall check the accuracy of the data and the lawfulness of 
its processing in the EES within a time limit of one month. 

In the event that data recorded in the EES are inaccurate or have been recorded unlawfully, the 
Member State responsible shall correct or delete the data in accordance with Article 21. The 
Member State responsible shall confirm in writing to the person concerned without delay that 
it has taken action to correct or delete data relating to him. 

If the Member State responsible does not agree that data recorded in the EES is inaccurate or 
has been recorded unlawfully, it shall explain in writing to the person concerned without delay 
why it is not prepared to correct or delete data relating to him. 

The  Member  State  responsible  shall  also  provide  the  person  concerned  with  information 
explaining  the  steps  which  he  can  take  if  he  does  not  accept  the  explanation  provided.  This 
shall  include  information  on  how  to  bring  an  action  or  a  complaint  before  the  competent 
authorities or courts of that Member State and any assistance, including from the supervisory 
authorities  that  is  available  in  accordance  with  the  laws,  regulations  and  procedures  of  that 
Member State. 

Article 35 
Cooperation to ensure the rights on data protection 

The Member States shall cooperate actively to enforce the rights laid down in Article 34. 

In  each  Member  State,  the  supervisory  authority  shall,  upon  request,  assist  and  advise  the 
person  concerned  in  exercising  his/her  right  to  correct  or  delete  data  relating  to  him/her  in 
accordance with Article 28(4) of Directive 95/46/EC. 

The supervisory authority of the Member State responsible which transmitted the data and the 
supervisory  authorities  of  the  Member  States  to  which  the  request  has  been  lodged  shall 
cooperate to this end.  

EN 

31 

   EN 

 
1. 

2. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 36 
Remedies 

In each Member State any person shall have the right to bring an action or a complaint before 
the competent authorities or courts of that Member State which refused the right of access to 
or the right of correction or deletion of data relating to him, provided for in Article 35. 

The  assistance  of  the  supervisory  authorities  shall  remain  available  throughout  the 
proceedings. 

Article 37 
Supervision by the supervisory authority 

The  supervisory  authority  shall  monitor  the  lawfulness  of  the  processing  of  personal  data, 
referred to in Articles 11 to 14 by the Member State in question, including their transmission 
to and from the EES. 

The  supervisory  authority  shall  ensure  that  an  audit  of  the  data  processing  operations  in  the 
National System is carried out in accordance with relevant international auditing standards at 
least every four years.  

Member  States  shall  ensure  that  their  supervisory  authority  has  sufficient  resources  to  fulfil 
the tasks entrusted to it under this Regulation. 

In relation to the processing of personal data in the EES, each Member State shall designate 
the  authority  which  is  to  be  considered  as  controller  in  accordance  with  Article  2(d)  of 
Directive 95/46/EC and which shall have central responsibility for the processing of data by 
this Member State. Each Member State shall communicate this authority to the Commission. 

Each Member State shall supply any information requested by the supervisory authorities and 
shall, in particular, provide them with information on the activities carried out in accordance 
with Article 28 and grant them access to their records as referred to in Article 30 and allow 
them access at all times to all their premises. 

Article 38 
Supervision by the European Data Protection Supervisor 

The  European  Data  Protection  Supervisor  shall  check  that  the  personal  data  processing 
activities  of  the  Agency  are  carried  out  in  accordance  with  this  Regulation.  The  duties  and 
powers  referred  to  in  Articles  46  and  47  of  Regulation  (EC)  No  45/2001  shall  apply 
accordingly. 

The European Data Protection Supervisor shall ensure that an audit of the Agency's personal 
data  processing  activities  is  carried  out  in  accordance  with  relevant  international  auditing 
standards  at  least  every  four  years.  A  report  of  such  audit  shall  be  sent  to  the  European 
Parliament,  the  Council,  the  Agency,  the  Commission  and  the  supervisory  authorities.  The 
Agency shall be given an opportunity to make comments before the report is adopted. 

EN 

32 

   EN 

 
3. 

1. 

2. 

3. 

4. 

1. 

(a) 

(b) 

(c) 

(d) 

(e) 

The Agency shall supply information requested by the European Data Protection Supervisor, 
give  him/her  access  to  all  documents  and  to  its  records  referred  to  in  Article  30  and  allow 
him/her access to all its premises, at any time.  

Article 39 
Cooperation between supervisory authorities  
and the European Data Protection Supervisor 

The supervisory authorities and the European Data Protection Supervisor, each acting within 
the  scope  of  their  respective  competences,  shall  actively  cooperate  within  the  framework  of 
their  responsibilities  and  shall  ensure  coordinated  supervision  of  the  EES  and  the  National 
Systems. 

They  shall,  each  acting  within  the  scope  of  their  respective  competences,  exchange  relevant 
information, assist each other in carrying out audits and inspections, examine difficulties over 
the  interpretation  or  application  of  this  Regulation,  study  problems  with  the  exercise  of 
independent  supervision  or  with  the  exercise  of  the  rights  of  the  data  subject,  draw  up 
harmonised  proposals  for  joint  solutions  to  any  problems  and  promote  awareness  of  data 
protection rights, as necessary. 

The  supervisory  authorities  and  the  European  Data  Protection  Supervisor  shall  meet  for  that 
purpose at least twice a year. The costs of these meetings shall be borne by the European Data 
Protection  Supervisor.  Rules  of  procedure  shall  be  adopted  at  the  first  meeting.  Further 
working methods shall be developed jointly as necessary.  

A  joint  report  of  activities  shall  be  sent  to  the  European  Parliament,  the  Council,  the 
Commission  and  the  Agency  every  two  years.  This  report  shall  include  a  chapter  of  each 
Member State prepared by the supervisory authority of that Member State. 

CHAPTER VII 
Final provisions 

Article 40 
Use of data for reporting and statistics 

The duly authorised staff of the competent authorities of Member States, of the Agency and of 
Frontex  shall  have  access  to  consult  the  following  data,  solely  for  the  purposes  of  reporting 
and statistics without allowing individual identification:  

status information; 

nationality of the third country national; 

Member State, date and border crossing point of the entry and Member State, date and border 
crossing point of the exit; 

the type of the travel document; 

number of overstayers referred to in Article 10; 

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(f) 

(g) 

(h) 

1. 

(a) 

(b) 

(c) 

2. 

3. 

1. 

2. 

the data entered in respect of any stay revoked or whose validity is extended;  

the authority that issued the visa, if applicable; 

the  number  of  persons  exempt  from  the  requirement  to  give  fingerprints  pursuant  to  Article 
12(2) and (3). 

Article 41 
Start of operations 

The Commission shall determine the date from which the EES is to start operations, after the 
following conditions are met:  

the measures referred to in Article 23 have been adopted; 

the Agency has declared the successful completion of a comprehensive test of the EES, which 
shall be conducted by the Agency in cooperation with the Member States, and;  

the Member States have validated the technical and legal arrangements to collect and transmit 
the data referred to in Articles 11 to 14 to the EES and have notified them to the Commission.  

The  Commission  shall  inform  the  European  Parliament  of  the  results  of  the  test  carried  out 
pursuant to paragraph 1(b). 

The Commission decision referred to in paragraph 1 shall be published in the Official Journal. 

Article 42 
Committee procedure 

The  Commission  shall  be  assisted  by  a  committee.  That  committee  shall  be  a  committee 
within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU)  No  182/2011  shall 
apply. 

Article 43 

Notifications 

1. 

Member States shall notify the Commission of: 

(a) 

(b) 

2. 

3. 

the authority which is to be considered as controller referred to in Article 37; 

the necessary technical and legal arrangements referred to in Article 41. 

Member  States  shall  notify  the  Agency  of  the  competent  authorities  which  have  access  to 
enter, amend, delete, consult or search data, referred to in Article 7. 

The Agency shall notify the Commission of the successful completion of the test referred to in 
Article 41 paragraph 1 (b). 

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The Commission shall make the information notified pursuant to paragraph 1(a) available to 
the Member States and the public via a constantly updated electronic public register.  

Article 44 
Advisory group  

An Advisory Group shall be established by the Agency and provide it with the expertise related to the 
EES in particular in the context of the preparation of its annual work programme and its annual activity 
report.  

The Agency shall perform tasks related to training referred to in Article 25 (4).  

Article 45 
 Training  

Article 46 
Monitoring and evaluation 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The Agency shall ensure that procedures are in place to monitor the functioning of the EES 
against  objectives  relating  to  the  technical  output,  cost-effectiveness,  security  and  quality  of 
service. 

For  the  purposes  of  technical  maintenance,  the  Agency  shall  have  access  to  the  necessary 
information relating to the data processing operations performed in the EES. 

Two years after the start of operations of the EES and every two years thereafter, the Agency 
shall  submit  to  the  European  Parliament,  the  Council  and  the  Commission  a  report  on  the 
technical functioning of EES, including the security thereof. 

Two  years  after  the  EES  is  brought  into  operation  and  every  four  years  thereafter,  the 
Commission  shall  produce  an  overall  evaluation  of  the  EES.  This  overall  evaluation  shall 
include  an  examination  of  results  achieved  against  objectives,  an  assessement  of  the 
continuing validity of the underlying rationale, the application of the Regulation, the security 
of  the  EES  and  any  implications  on  future  operations.  The  Commission  shall  transmit  the 
evaluation report to the European Parliament and the Council. 

The  first  evaluation  shall  specifically  examine  the  contribution  the  entry-exit  system  could 
make in the fight against terrorist offences and other serious criminal offences and will deal 
with the issue of access for law enforcement purposes to the information stored in the system, 
whether,  and  if  so,  under  which  conditions  such  access  could  be  allowed,  whether  the  data 
retention period shall be modified and whether access to authorities of third countries shall be 
granted, taking into account the operation of the EES and the results of the implementation of 
the VIS. 

Member States shall provide the Agency and the Commission with the information necessary 
to draft the reports referred to in paragraphs 3 and 4 according to the quantitative indicators 
predefined by the Commission and/or the Agency. 

The  Agency  shall  provide  the  Commission  with  the  information  necessary  to  produce  the 
overall evaluations referred to in paragraphs 4 and 5. 

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Article 47 
Entry into force and applicability 

1. 

2. 

3. 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from the date referred to in the first paragraph of Article 41. 

Articles 23 to 25, 28 and 41 to 45 shall apply as from the date referred to in paragraph 1. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  the  Member  States  in 
accordance with the Treaties. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President  

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Annex 

List of international organisations referred to in Article 27 (2) 

1. 

2. 

3. 

UN organisations (such as UNHCR); 

International Organization for Migration (IOM); 

The International Committee of the Red Cross.  

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1.  Title of the proposal/initiative  

1.2.  Policy area(s) concerned in the ABM/ABB structure 

1.3.  Nature of the proposal/initiative  

1.4.  Objective(s)  

1.5.  Grounds for the proposal/initiative  

1.6.  Duration and financial impact  

1.7.  Management method(s) envisaged  

2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

2.2.  Management and control system  

2.3.  Measures to prevent fraud and irregularities  

3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

3.1.  Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

3.2.  Estimated impact on expenditure  

3.2.1. Summary of estimated impact on expenditure  

3.2.2. Estimated impact on operational appropriations  

3.2.3. Estimated impact on appropriations of an administrative nature 

3.2.4. Compatibility with the current multiannual financial framework 

3.2.5. Third-party participation in financing  

3.3.  Estimated impact on revenue

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative 

Regulation of the European Parliament and of the Council establishing the Entry/Exit System 
(EES) to register entry and exit data of third country nationals crossing the external borders of 
the Member States of the European Union subject to the adoption by the Legislative Authority 
of the proposal establishing, as part of the Internal Security Fund, the instrument for financial 
support  for  external  borders  and  visa  (COM(2011)750)  and  subject  to  the  adoption  by  the 
Legislative  Authority  of  the  proposal  for  a  Council  Regulation  laying  down  the  multiannual 
financial  framework  for  the  years  2014-2020  (COM(2011)398)  and  a  sufficient  level  of 
resources being available under the expenditure ceiling of the pertinent budget heading. 

1.2. 

Policy area(s) concerned in the ABM/ABB structure35  

Policy area: Area of Home Affairs (title 18) 

1.3. 

Nature of the proposal/initiative  

⌧ The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action36  

(cid:133) The proposal/initiative relates to the extension of an existing action  

(cid:133) The proposal/initiative relates to an action redirected towards a new action  

1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

The Stockholm Programme agreed by the European Council in December 2009 reaffirmed the 
potential  for  an  Entry/Exit  System  (EES)  allowing  Member  States  to  share  data  effectively 
while safeguarding data protection. The proposal to set up an EES was therefore included in 
the  Action  Plan  Implementing  the  Stockholm  Programme.  Financing  of  the  development  of 
the Smart Borders package is one of the priorities of the Internal Security Fund (ISF)37.  

35 
36 
37 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing,  as  part  of  the  Internal 
Security Fund, the instrument for financial support for external borders and visa (COM(2011)750. 

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39 

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1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned  

The  EES  shall  have  the  purpose  of  improving  the  management  of  the  external  borders  and  the  fight 
against irregular immigration in order: 

to register entry and exit records of third-country nationals admitted for a short stay;  

to  calculate  and  monitor  the  duration  of  the  authorised  stay  of  third-country  nationals  admitted  for  a 
short stay; 

to gather statistics on the entries and exits of third country nationals for the purpose of analysis. 

ABM/ABB activity(ies) concerned 

Activities:  Solidarity  –  External  borders,  return,  visa  policy  and  free  movement  of  people  (chapter 
18.02) 

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1.4.3.  Expected result(s) and impact 

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted. 

It will generate precise information on overstayers for all competent authorities in the Member 
States,  which  will  help  to  apprehend  and  return  irregular  immigrants  and  thereby  counteract 
irregular immigration in general. 

It will provide precise information on the number of persons crossing the external border of 
the EU each year, further broken down by nationality and place of border crossing. The same 
detailed information will be provided specifically on overstayers, which will provide a much 
stronger evidence base as to whether nationals of a given third country should be subject to the 
visa obligation or not. 

It  will  provide  key  data  for  the  purposes  of  examining  the  applications  of  third-country 
nationals  for  the  Registered  Traveller  Programme  (RTP)  (new  and  subsequent  ones).  In 
addition,  it  will  give  the  competent  authorities  the  information  needed  to  ensure  that  third-
country  nationals  benefitting  from  access  to  the  RTP  comply  fully  with  all  the  necessary 
conditions, including the respect for the duration of the authorised stay.  

It  will  permit the  verification  by  the  authorities that  regular  travellers  holding  multiple-entry 
visas do not overstay in the Schengen area. 

1.4.4. 

Indicators of results and impact  

Specify the indicators for monitoring implementation of the proposal/initiative. 

During the development 

After  the  approval  of  the  draft  proposal  and  the  adoption  of  the  technical  specifications  the 
technical system will be developed by an external contractor. The development of the systems 
will take place at central and national level under the overall coordination of the IT Agency. 
The  IT  Agency  will  define  an  overall  governance  framework  in  cooperation  with  all  the 
stakeholders.  As  usual  in  the  development  of  such  systems  an  overall  Project  Management 
Plan, together with a Quality Assurance Plan will be defined at the beginning of rhe project. 
They should include dashboards that will include specific indicators related in particular to 

The overall project status 

the  timely  development  according  to  the  agreed  schedule  (milestones),  the  risk 
management,the  management  of  resources  (  human  and  financial)  according  to  the  agreed 
allocations the organisational readiness… 

Once the system is operational 

According to Article 46 on monitoring and evaluation 

"3.  Two  years  after  the  start  of  operations  of  the  EES  and  every  two  years  thereafter,  the 
Agency shall submit to the European Parliament, the Council and the Commission a report on 
the technical functioning of EES, including the security thereof. 

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41 

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4. 
Two  years after the  EES  is  brought into operation and every four years thereafter, the 
Commission  shall  produce  an  overall  evaluation  of  the  EES.  This  overall  evaluation  shall 
include  an  examination  of  results  achieved  against  objectives,  an  assessement  of  the 
continuing validity of the underlying rationale, the application of the Regulation, the security 
of  the  EES  and  any  implications  on  future  operations.  The  Commission  shall  transmit  the 
evaluation report to the European Parliament and the Council" 

Of particular importance for that evaluation would be the indicators related to the number of 
overstayers  and  data  on  the  border  crossing  time,  where  for  the  latter  information  would  be 
gathered from experiences from the VIS also, as well as an in-depth analysis of the necessity 
of  giving  access  to  data  for  law  enforcement  purposes.  The  Commission  should  submit  the 
reports on the evaluation to the European Parliament and the Council.  

Specific  objective:  To  enhance  the  efficiency  of  border  checks  through  monitoring  of  the 
rights  to  authorised  stay  at  entry  and  exit,  and  to  improve  the  assessment  of  the  risk  of 
overstay; 

Indicator: Processing time at the border crossing points 

Numbers of overstayers identified at border crossing points 

System availability 

Specific  objective:  To  generate  reliable  information  to  allow  the  EU  and  Member  States  to 
make informed policy choices concerning visa and migration; 

Indicator: Number of alerts on overstayers by category visa-required/visa-exempt, by type of 
border land/sea/air, by Member State, by country of origin/nationality 

Specific  objective:  To  identify  and  detect  irregular  immigrants,  especially  overstayers,  also 
within the territory and to increase the possibilities for return; 

Indicator: Numbers of alerts leading to the apprehension of overstayers 

Specific objective: To safeguard the fundamental rights, especially protection of personal data 
and right to privacy, of third country nationals. 

Indicator: Number of false matches of entry/exit records 

Number of complaints by individuals to national data protection authorities 

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1.5. 

Grounds for the proposal/initiative 

1.5.1.  Requirement(s) to be met in the short or long term  

Irregular immigration into the EU poses a challenge to every Member State. The vast majority 
are  "overstayers",  persons  having  legally  entered  the  European  Union  but  stayed  after  their 
entitlement  to  do  so  had  expired.  EU  law  stipulates  that  third-country  nationals  have,  as  a 
general rule, the right to enter for a short-stay of up to three months per six months period. 

The EES will be an instrument providing the European Union with basic information on the 
third  country  nationals  entering  and  leaving  the  territory  of  the  EU.  This  information  is 
indispensable to shape sustainable and reasonable policies in the field of migration and visa. 
The  current  system  of  stamps  in  the  passport  poses  a  problem  not  only  for  enforcement  but 
also in terms of informing persons of their rights, for example, the exact number of days they 
are entitled to remain in the Schengen area, following a series of stays lasting a few days each. 
Moreover,  as  long  as  data  are  not  recorded  elsewhere  than  the  passport,  sharing  of  data 
between  Member  States  is  physically  impossible.  It  also  means  that  such  data  would  not  be 
available in case the stamped travel documents are replaced or lost. 

The EES will allow to calculate the duration of the stay of third country nationals (TCN) and 
to verify if someone is overstaying, also when carrying out checks within the Schengen area. 
Currently the stamping of the travel document indicating the dates of entry and exit is the sole 
instrument available to border guards and immigration authorities. The time a TCN has spent 
in the Schengen area is calculated based on the stamps, which are however often difficult to 
interpret; they may be illegible or the target of counterfeiting. Exact calculation of time spent 
in  the  Schengen  area  on  the  basis  of  stamps  in  the  travel  documents  is  thus  both  time-
consuming and difficult. 

1.5.2.  Added value of EU involvement 

No Member State is able to build up a common, interoperable entry/exit system alone. As all 
activities  linked  to  the  managemement  of  migration  flows  and  security  threats  it  is  an  area 
where there is obvious added value in mobilising the EU budget.  

The abolition of internal border controls must be accompanied by common measures for the 
effective control and surveillance of the Union's external borders. Some Member States bear a 
heavy burden due to their specific geographic situation and the length of the external borders 
of  the  Union  that  they  have  to  manage.  The  entry  conditions  and  border  checks  for  third-
country nationals are harmonised through EU law. As persons may enter the Schengen area at 
a border crossing point in a Member State where a national register of entries/exits is used, but 
exit through a border crossing point where no such system is used no action can be achieved 
by the Member States acting alone but only at EU level. 

1.5.3.  Lessons learned from similar experiences in the past 

The experience with the development of the second generation Schengen Information System 
(SIS II) and of the Visa Information System (VIS) showed the following lessons: 

1)  As  a  possible  safeguard  against  cost  overruns  and  delays  resulting  from  changing 
requirements,  any  new  information  system  in  the  area  of  freedom,  security  and  justice, 
particularly if it involves a large-scale IT system, will not be developed before the underlying 

EN 

43 

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legal  instruments  setting  out  its  purpose,  scope,  functions  and  technical  details  have  been 
definitely adopted. 

2)  It  proved  difficult  to  fund  the  national  developments  for  Member  States  that  have  not 
foreseen the respective activities in their multi-annual programming or lack precision in their 
programming  in  the  framework  of  the  External  Border  Fund  (EBF).  Therefore,  it  is  now 
proposed to include these development costs in the proposal.  

1.5.4.  Coherence and possible synergy with other relevant instruments 

This proposal should be seen as part of the continuous development of the Integrated Border 
Management  Strategy  of  the  European  Union,  and  in  particular  the  Smart  Borders 
Communication38,  as  well  as  in  conjunction  with  the  ISF  borders  proposal39,  as  part  of  the 
MFF.  The  legislative  financial  statement  attached  to  the  amended  Commission  proposal  for 
the Agency40 covers the costs for the existing IT systems EURODAC, SIS II, VIS but not for 
the  future  border  management  systems  that  are  not  yet  entrusted  to  the  Agency  via  a  legal 
framework. Therefore, in the annex to the proposal for a Council Regulation laying down the 
multi-annual  financial  framework  for  the  years  2014-202041,  under  heading  3  "Security  and 
Citizenship" it is foreseen to cover the existing IT  systems in the rubrique  'IT systems' (822 
mio €) and the future border management systems  in the rubrique 'Internal Security' (1.1 mio € 
out  of  4.648  mio  €).  Within   the  Commission  DG  HOME  is  the  Directorate  General 
responsible  for  the  establishment  of  an  area  of  free  movement  in  which  persons  can  cross 
internal borders without being submitted to border checks and external borders are controlled 
and managed coherently at the EU level. The system has the following synergies with the Visa 
Information System: 

a)  For  visa  holders,  the  Biometric  Matching  System  will  also  be  used  for  the  purpose  of 
Entry/Exit; 

b) the  Entry/Exit System will complement the VIS. The VIS contains only visa  applications 
and issued visas, whereas for visa holders the EES will store also concrete entry and exit data 
related to the issued visas; 

c) There will also be synergies with the RTP, as the entry and exit of the registered travellers 
will be recorded in the EES, which will monitor the duration of their authorised stay within the 
Schengen area. Without the EES, fully automated border crossings could not be implemented 
for the registered travellers.In addition, there is no risk of an overlap with similar initiatives 
carried out in other DGs. 

38 

39 

40 
41 

Communication from the Commission to the European Parliament and the Council – Smart Borders – options and 
the way ahead (COM(2011)680. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing,  as  part  of  the  Internal 
Security Fund, the instrument for financial support for external borders and visa (COM(2011)750. 
COM(2010)93 of 19 March 2010. 
COM(2011)398 of 29 June 2011.  

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1.6. 

Duration and financial impact  

(cid:133) Proposal/initiative of limited duration  

–  (cid:133)  Proposal/initiative in effect from [DD/MM]YYYY to [DD/MM]YYYY  

–  (cid:133) Financial impact from YYYY to YYYY  

⌧ Proposal/initiative of unlimited duration 

–  Preparatory period from 2013 to 2015 (establishment of the legal framework) 

–  Development period from 2015 to 2017, 

–  followed by full-scale operation. 

1.7.  Management mode(s) envisaged42 

⌧ Centralised direct management by the Commission 

⌧ Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies  

–  ⌧ bodies set up by the Communities43  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

(cid:133) Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

If more than one management mode is indicated, please provide details in the "Comments" section. 

Comments  

The proposal for a Regulation of the European Parliament and of the Council establishing, as part of 
the  Internal  Security  Fund,  the  instrument  for  financial  support  for  external  borders  and  visa  for  the 
period  2014-2020  (COM(2011)750),  foresees  the  financing  of  the  development  of  the  Entry/Exit 
System  in  its  Article  15.  In  accordance  with  Articles  58  1c)  and  60  of  the  new  Financial  Regulation 

42 

43 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

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(centralised indirect management) the implementing tasks of the abovementioned financial programme 
will be delegated to the IT Agency. 

During the 2015-2017 period, all development activities will be entrusted to the IT Agency through a 
delegation  agreement.  This  will  cover  the  development  part  of  all  strands  of  the  project,  i.e.  Central 
system, Member States systems, networks and infrastructure in Member States. 

In  2017,  at  the  time  of  the  mid  term  review,  it  is  envisaged  to  transfer  remaining  credits  from  the 
513.000 Mio € to the IT Agency line for operation and  maintenance costs of the central system and of 
the  network  and  to  national  programmes  for  operation  and  maintenance  costs  of  national  systems 
including  infrastructure  costs  (see  table  below).  The  Legislative  Financial  Statement  will  be  revised 
accordingly by the end of 2016. 

Blocks 

Management 
mode 

Development 
Central System 

Indirect 
centralised 

Development 
Member States 

Indirect 
centralised 

Maintenance 
Central System 

Indirect 
centralised 

Maintenance 
National 
Systems 

Network (1) 

Indirect 
centralised 

Indirect 
centralised 

Infrastructure 
Member States 

Indirect 
centralised 

2015 

2016 

2017 

2018 

2019 

2020 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

(1) network development in 2015-2017, network operations in 2017-2020 

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2. 

MANAGEMENT MEASURES 

2.1.  Monitoring and reporting rules  

Specify frequency and conditions. 

The  rules  on  monitoring  and  evaluation  of  the  EES  are  foreseen  in  Article  46  of  the  EES 
proposal 

Article 46   Monitoring and evaluation 

1. The Agency shall ensure that procedures are in place to monitor the functioning of the EES 
against  objectives  relating  to  the  technical  output,  cost-effectiveness,  security  and  quality  of 
service. 

2. For the purposes of technical maintenance, the Agency shall have access to the necessary 
information relating to the data processing operations performed in the EES. 

3.  Two  years  after  the  start  of  operations  of  the  EES  and  every  two  years  thereafter,  the 
Agency shall submit to the European Parliament, the Council and the Commission a report on 
the technical functioning of EES, including the security thereof. 

4.  Two  years  after  the  EES  is  brought  into  operation  and  every  four  years  thereafter,  the 
Commission  shall  produce  an  overall  evaluation  of  the  EES.  This  overall  evaluation  shall 
include an examination of results achieved against objectives, an assessment of the continuing 
validity of the underlying rationale, the application of the Regulation, the security of the EES 
and  any  implications  on  future  operations.  The  Commission  shall  transmit  the  evaluation 
report to the European Parliament and the Council. 

5. The first evaluation shall specifically examine the contribution the entry-exit system could 
make in the fight against terrorist offences and other serious criminal offences and will deal 
with the issue of access for law enforcement purposes to the information stored in the system, 
whether,  and  if  so,  under  which  conditions  such  access  could  be  allowed,  whether  the  data 
retention period shall be modified and whether access to authorities of third countries shall be 
granted, taking into account the operation of the EES and the results of the implementation of 
the VIS. 

6.  Member  States  shall  provide  the  Agency  and  the  Commission  with  the  information 
necessary to draft the reports referred to in paragraphs  3 and 4 according to  the quantitative 
indicators predefined by the Commission and/or the Agency. 

7. The Agency shall provide the Commission with the information necessary to produce the 
overall evaluations referred to in paragraph 4. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

1) Difficulties with the technical development of the system 

EN 

47 

   EN 

 
Member  States  have  technically  different  national  IT  systems.  Furthermore,  border  control 
processes  may  differ  according  to  the  local  circumstances  (available  space  at  the  border 
crossing point, travel flows, etc.). The EES needs to be integrated into national IT architecture 
and  the  national  border  control  processes.  Additionally,  the  development  of  the  national 
components of the system needs to be fully aligned with central requirements. There are two 
main risks identified in this area: 

a) The risk that technical and legal aspects of the EES may be implemented in different ways 
by different Member States, due to insufficient coordination between the central and national 
sides. 

b)  The  risk  of  inconsistency  in  how  this  future  system  is  used  depending  on  how  Member 
States implement the EES into the existing border control processes. 

2) Difficulties with the timely development 

From  the  experience  gained  during  the  development  of  the  VIS  and  the  SIS  II,  it  can  be 
anticipated that a crucial factor for a successful implementation of the EES will be the timely 
development of the system by an external contractor. As a center of excellence in the field of 
development  and  management  of  large-scale  IT  systems,  the  IT  Agency  will  also  be 
responsible for the award and management of contracts, in particular for sub-contracting the 
development of the system. There are several risks related to the use of an external contractor 
for this development work: 

a) in particular, the risk that the contractor fails to allocate sufficient resources to the project or 
that it designs and develops a system that is not state-of-the-art; 

b) the risk that administrative techniques and methods to handle large-scale IT projects are not 
fully respected as a way of reducing costs by the contractor; 

c) finally, in the current economic crisis, the risk of the contractor facing financial difficulties 
for reasons external to this project cannot be entirely excluded. 

2.2.2.  Control method(s) envisaged  

1)  The  Agency  is  meant  to  become  a  center  of  excellence  in  the  field  of  development  and 
management  of  large-scale  IT  systems.  It  shall  be  entrusted  with  the  development  and  the 
operations of the central part of the system including uniform interfaces in the Member States. 
This will allow to avoid most of the drawbacks that the Commission met when developing the 
SIS II and the VIS. 

During  the  development  phase  (2015-2017),  the  Commission  will  keep  the  overall 
responsibility, as the project will be developed via indirect central management. The Agency 
will  be  responsible  for  the  technical  and  financial  management,  notably  the  award  and 
management  of  contracts.  The  delegation  agreement  will  cover  the  central  part  via 
procurements  and  the  national  part  via  grants.  According  to  Article  40  of  the  Implementing 
Rules,  the  Commission  will  conclude  an  Agreement  laying  down  the  detailed  arrangements 
for  the  management  and  control  of  funds  and  the  protection  of  the  financial  interests  of  the 
Commission. Such agreement will include the provisions set out in paragraph 2 of Article 40. 
It will thus enable the Commission to manage the risks described in 2.2.1. 

EN 

48 

   EN 

 
In  the  context  of  the  mid-term  review  (foreseen  in  2017  in  the  framework  of  the  Internal 
Security  Fund,  Article  15  of  the  Horizontal  Regulation)  the  management  mode  will  be  re-
examined. 

2) In order to avoid delays at national level, an efficient governance between all stakeholders 
is  foreseen.  The  Commission  has  proposed  in  the  draft  Regulation  that  an  Advisory  Group 
composed  of  Member  States  national  experts  shall  provide  the  Agency  with  the  expertise 
related  to  the  EES/RTP.  This  advisory  group  shall  meet  on  a  regular  basis  on  the  system 
implementation,  share  gathered  experience  and  provide  advice  to  the  Management  Board  of 
the Agency. Furthermore, the Commission intends to recommend to Member States to set up a 
national  project  infrastructure  /  project  group  for  both  the  technical  and  the  operational 
development including a reliable communication infrastructure with single points of contact. 

2.3.  Measures to prevent fraud and irregularities  

Specify existing or envisaged prevention and protection measures. 

The  measures  foreseen  to  combat  fraud  are  laid  down  in  Article  35  of  Regulation  (EU) 
1077/2011 which provides as follows:  

In order to combat fraud, corruption and other unlawful activities, Regulation (EC) No 

1. 
1073/1999 shall apply. 

2. 
The  Agency  shall  accede  to  the  Interinstitutional  Agreement  concerning  internal 
investigations by the European Anti-fraud Office (OLAF) and shall issue, without delay, the 
appropriate provisions applicable to all the employees of the Agency. 

The  decisions  concerning  funding  and  the  implementing  agreements  and  instruments 
3. 
resulting from them shall explicitly stipulate that the Court of Auditors and OLAF may carry 
out,  if  necessary,  on-the-spot  checks  among  the  recipients  of  the  Agency's  funding  and  the 
agents responsible for allocating it. 

In  accordance  with  this  provision,  the  decision  of  the  Management  Board  of  the  European 
Agency  for  the  operational  management  of  large-scale  IT  systems  in  the  area  of  freedom, 
security and justice concerning the terms and conditions for internal investigations in relation 
to  the  prevention  of  fraud,  corruption  and  any  illegal  activity  detrimental  to  the  Union's 
interests was adopted on 28 June 2012. 

Moreover, DG HOME is currently drafting its fraud prevention and detection strategy. 

EN 

49 

   EN 

 
3. 

3.1. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

Via  the  delegation  agreement  the  Agency  will  be  entrusted  with  the  task  to  set  up  the 
appropriate  tools  at  the  level  of  its  local  financial  systems  in  order  to  guarantee  an  efficient 
monitoring, follow-up and reporting of the costs linked to the implementation of the EES in 
compliance  with  Article  60  of  the  new  Financial  Regulation.  It  will  take  the  appropriate 
measures, in order to be able to report whatever the final budget nomenclature will be. 

Heading of 
multiannual 
financial 
framework 

•  Existing expenditure budget lines  

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of  
expenditure

Contribution  

Number  
[Description………………………...……….] 

DA/NDA 
(44) 

from 
EFTA45 
countries 

from 
candidate 
countries46 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

[XX.YY.YY.YY] 

DA/ 

YES/N
O 

YES/N
O 

YES/N
O 

YES/NO 

• 

New budget lines requested 

In order of multiannual financial framework headings and budget lines. 

Budget line 

Type of 
expenditure

Contribution  

Number  
[Heading……………………………………..] 

Diff./non-
diff. 

from 
EFTA 
countries 

from 
candidate 
countries 

from third 
countries 

within the meaning 
of Article 21(2)(b) 
of the Financial 
Regulation  

Heading of 
multiannual 
financial 
framework 

3 

[18.02.CC] 

ISF borders 

DA/ 

NO 

NO 

YES 

NO 

44 
45 
46 

DA= Differentiated appropriations / DNA= Non-Differentiated Appropriations 
EFTA: European Free Trade Association.  
Candidate countries and, where applicable, potential candidate countries from the Western Balkans. 

EN 

50 

   EN 

 
 
 
                                                 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Heading of multiannual financial 
framework:  

3 

Security and Citizenship 

EUR million (to 3 decimal places) 

DG: HOME 

(cid:121) Operational appropriations  

Number of budget line 18.02.CC 

Commitments 

Number of budget line 

Payments 

Commitments 

Payments 

(1) 

(2) 

(1a) 

(2a) 

Appropriations  of  an  administrative  nature  financed 
 from the envelop of specific programs48  
Number of budget line 

(3) 

Year 
2015 

Year 
2016 

Year 
201747 

Year 
2018 

Year 
2019 

Year 
2020 

Following 
years 

TOTAL 

122.566

30.142

119.477

80.272 

80.272

80.271

61.283

82.382

92.677

83.993 

80.271

80.271

32.122 

TOTAL appropriations 
for DG HOME 

Commitments 

=1+1a +3 

122.566

30.142

119.477

80.272 

80.272

80.271

Payments 

=2+2a 

+3 

61.283

82.382

92.677

83.993 

80.271

80.271

32.122 

513.000 

513.000 

513.000 

513.000 

47 

48 

The  variation  of  costs  and  especially  the  high  costs  in  2015  and  2017  can  be  explained  as  follows:  at  the  beginning  of  the  development  period,  in  2015, 
commitments for the development will be made (one-time costs to cover three years of hardware, software and contractor costs). At the end of the development 
period,  in  2017,  the  required  commitments  for  the  operations  will  be  made.  Costs  for  the  administration  of  hardware  and  software  vary  depending  on  the 
period. 
Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former "BA" lines), indirect 
research, direct research. 

EN 

51 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADING <….> 
of the multiannual financial framework 

Commitments 

=4+ 6 

Payments 

=5+ 6 

If more than one heading is affected by the proposal / initiative: 

(cid:121) TOTAL operational appropriations  

Commitments 

Payments 

(cid:121)  TOTAL  appropriations  of  an  administrative  nature 
financed from the envelop of specific programs  

(4) 

(5) 

(6) 

TOTAL appropriations  
under HEADINGS 1 to 4 
of the multiannual financial framework 
(Reference amount) 

Commitments 

=4+ 6 

Payments 

=5+ 6 

EN 

52 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

  Year
2013 

Year
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 2020 

Follwing 
years 

TOTAL 

EUR million (to 3 decimal places) 

DG: HOME 

(cid:121) Human resources  

0.254 

0.254 

0.254

0.190 

0.190

0.190

0.191

0.191

(cid:121) Other administrative expenditure  

0.201 

0.201 

0.201 

0.200 

0.200 

0.200 

0.200 

0.200 

TOTAL DG HOME 

Appropriations  

0.455 

0.455 

0.455 

0.390 

0.390 

0.390 

0.391 

0.391 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total  commitments 
= Total payments) 

0.455 

0.455 

0.455 

0.390 

0.390

0.390

0.391

0.391

1.715 

1.602 

3.317 

3.317 

TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

  Year
2013 

Year
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 2020 

Follwing 
years 

TOTAL 

Commitments 

0.455 

0.455 

123.021

30.533 

119.867

80.662 

80.662 

80.662

516.317 

Payments 

0.455 

0.455 

61.738 

82.773 

93.067 

84.383 

80.662 

80.662 

32.122 

516.317 

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, 
together  if  necessary  with  any  additional  allocation  which  may  be  granted  to  the  managing  DG  under  the  annual  allocation  procedure  and  in  the  light  of  budgetary 
constraints.

EUR million (to 3 decimal places) 

EN 

53 

E

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  ⌧ The proposal/initiative requires the use of operational appropriations, as explained below: 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

Commitment appropriations in EUR million (to 3 decimal places) 

Average cost  
of the ouput 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
u
o

f
o

Cost 

Total 
number of 
ouputs 

Total  
cost 

Indicate 
objectiv
es and 
outputs  

Type 
of 
output
49 

(cid:216) 

SPECIFIC OBJECTIVE No 150: 
System Development (Central and National) 

- Output 

1 

122.566 

1 

30.142

1 

43.143 

1 

Sub-total for specific objective N° 151 

122.566 

30.142

43.143 

SPECIFIC OBJECTIVE No 2: System 
Operations (Central and National) 

- Output 

Sub-total for specific objective N° 252 

1  

76.334 

 1 

 80.271

  1 

76.334 

 80.271

 80.272 

 80.272 

1

 80.272 

1 

 80.272 

195.851 

195.851

317.149 

317.149 

49 
50 
51 

Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.). 
As described in Section 1.4.2. "Specific objective(s)…" 
This amount includes for the central development in particular the network infrastructure, required hardware and software licenses and costs for the external contractor to 
develop  the  central  system.  For  the  national  development  it  also  includes  the  costs  for  the  required  hardware  and  software  licenses  as  well  as  external  contractual 
development 

EN 

54 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
  
 
  
  
                                                 
TOTAL COST 

1 

122.566

 1 

30.142 

2 

119.477

1 

80.271

1 

80.272 

1 

80.272 

2 

513.000 

52 

This amount covers the required costs to keep the central system up and running, in particular the running of the network, the maintenance of the central system by an 
external  contractor  and  the  required  hardware  and  software  licenses.  For  the  national  operations,  it  covers  the  required  costs  for  the  running  the  national  systems,  in 
particular licenses for hardware and software, incident management, and costs for required external contractors. 

EN 

55 

EN 

 
  
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  ⌧  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below: 

EUR million (to 3 decimal places) 

Year 
2013 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

HEADING 5 
of the multiannual 
financial framework 

Human resources  

0.254 

0.254 

0.254 

0.190

0.190

0.190

0.191

0.191 

1.715

Other administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 553 
of the multiannual 
financial framework  

Human resources  

Other expenditure  
of an administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

0.201 

0.201 

0.201 

0.200 

0.200 

0.200 

0.200 

0.200 

0.455 

0.455 

0.455 

0.390

0.390

0.390

0.391

0.391 

1.602 

3.317

0.455 

0.455 

0.455 

0.390

0.390

0.390

0.391

0.391 

3.317

53 

Technical  and/or  administrative  assistance  and  expenditure  in  support  of  the  implementation  of  EU 
programmes and/or actions (former "BA" lines), indirect research, direct research. 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

–  ⌧  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Estimate to be expressed in full time equivalent units (or at most to one decimal place) 

Year 
2013 

Year
2014 

Year
2015

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

•  Establishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and 
Commission’s Representation Offices) 

XX 01 01 02 (Delegations) 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

2 

2 

2 

1,5 

1,5 

1,5 

1,5 

1,5 

•  External personnel (in Full Time Equivalent unit: FTE)54 

XX 01 02 01 (CA, INT, SNE from the 
"global envelope") 

XX 01 02 02 (CA, INT, JED, LA and 
SNE in the delegations) 

  XX 01 04 yy 55 

- at Headquarters56 

- in delegations  

XX 01 05 02 (CA, INT, SNE - Indirect 
research) 

10 01 05 02 (CA, INT, SNE - Direct 
research) 

Other budget lines (specify) 

TOTAL 

2 

2 

2 

1,5 

1,5 

1,5 

1,5 

1,5 

XX is the policy area or budget title concerned. 

The  human  resources  required  will  be  met  by  staff  from  the  DG  who  are  already  assigned  to 
management of the action and/or have been redeployed within the DG, together if necessary with any 
additional allocation which may be granted to the managing DG under the annual allocation procedure 
and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

2 during preparatory period from 2013 to 2015 

54 

55 
56 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert; 
Under the ceiling for external personnel from operational appropriations (former "BA" lines). 
Essentially  for  Structural  Funds,  European  Agricultural  Fund  for  Rural  Development  (EAFRD)  and 
European Fisheries Fund (EFF). 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
1 administrator for the legislative negotiation, coordination of tasks with the Agency 
and supervision of the delegation agreement 
0,5 administrator for supervision of financial activities and expertise on border control 
and technical matters 
0,5 assistant for administrative and financial activities 

1,5 during development period from 2016 to 2020 

1  administrator  for  the  follow-up  of  the  delegation  agreement  (reports,  preparation 
comitology,  validation  functional  and  technical  specifications,  supervision  financial 
activities  and  coordination  Agency),  as  well  as  expertise  on  border  control  and 
technical matters 
0,5 assistant for administrative and financial activities 

External personnel 

0 

EN 

58 

   EN 

 
3.2.4.  Compatibility with the current multiannual financial framework  

–  ⌧ Proposal/initiative  is  compatible  with  the  current  and  the  next  multiannual 

financial framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

Explain what reprogramming is required, specifying the budget lines concerned and the corresponding 
amounts. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework57. 

Explain what is required, specifying the headings and budget lines concerned and the corresponding 
amounts. 

3.2.5.  Third-party contributions  

–  ⌧ The proposal/initiative does not provide for co-financing by third parties  

–  (cid:133) The proposal/initiative provides  

Appropriations in EUR million (to 3 decimal places) 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

Total 

Specify  the  co-financing 
body  

TOTAL appropriations 
cofinanced  

57 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.3. 

Estimated impact on revenue 

–  (cid:133)  Proposal/initiative has no financial impact on revenue. 

–  ⌧ Proposal/initiative has the following financial impact: 

i.  (cid:133) 

on own resources  

ii.  ⌧ 

on miscellaneous revenue  

Budget revenue line: 

Appropriation
s available for 
the ongoing 
budget 
exercise 

EUR million (to 3 decimal places) 

Impact of the proposal/initiative58 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 2019  Year 2020 

Following 
years 

Article 6313…………. 

3,729 

5,013 

5,639 

5,111 

4,884 

4,884 

1,954 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

18.02.CC ISF borders 

Specify the method for calculating the impact on revenue. 

The  budget  shall  include  a  contribution  from  countries  associated  with  the 
implementation,  application  and  development  of  the  Schengen  acquis  and  the 
Eurodac related measures as laid down in the respective agreements. The estimates 
provided are purely indicative and are based on recent calculations for revenues for 
the implementation of the Schengen acquis from the States that currently contribute 
(Iceland,  Norway  and  Switzerland)  to  the  general  budget  of  the  European  Union 
(consumed  payments)  an  annual  sum  for  the  relevant  financial  year,  calculated  in 
accordance  with  its  gross  domestic  product  as  a  percentage  of  the  gross  domestic 
product of all the participating States. The calculation is based on June 2012 figures 
from  EUROSTAT  which  are  subject  to  considerable  variation  depending  on  the 
economic situation of the participating States. 

58 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net 
amounts, i.e. gross amounts after deduction of 25% for collection costs. 

EN 

60 

   EN