Commission Implementing Decision (EU) 2019/327 of 25 February 2019 laying down measures for accessing the data in the Entry/Exit System (EES)
Access to the EES by national authorities
Competent national authorities shall have access to the EES for verifying the identity and previous registration of the third-country national and for consulting the data required for the performance of their duty.
For this purpose, EES allows the searches to be executed by means of alphanumeric data (data referred to in Article 16(1)(a), (b) and (c), Article 16(2)(d) and Article 17(1)(a) of Regulation (EU) 2017/2226) and biometric data (data referred to in 16(1)(f) and 17(1) (b) of Regulation (EU) 2017/2226).
Alphanumeric searches
1. Alphanumeric searches referred to in Article 23(2) of Regulation (EU) 2017/2226
Border authorities shall have access to search with the following data:
(a)
surname (family name); first name or names (given names);
(b)
date of birth; nationality or nationalities; sex;
(c)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;
(d)
the date of expiry of the validity of the travel document or documents.
All data listed in the first subparagraph shall be used to initiate search. The data listed under point (a) may be searched in inexact mode while the other data shall be searched in exact mode.
The CS-EES shall ensure that if there is a match based on the data listed under the points (a) and (b) of the first paragraph, the corresponding file shall be returned by the system even if there is no match based on the data listed under points (c) and (d) of the first subparagraph.
2. Alphanumeric searches referred to in Article 24 of Regulation (EU) 2017/2226
Visa authorities of a Member State which does not yet apply the Schengen acquis in full but operates the EES shall have access to the search with the following data:
(a)
surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;
(b)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents, the date of expiry of the validity of the travel document or documents;
(c)
the short-stay visa sticker number, including the three-letter code of the issuing Member State.
Any combination of the data listed in the first subparagraph may be used as long as:
—
the date of birth and the sex is used in combination with other data;
—
the date of expiry of the validity of the travel document or documents is used together with the number of the travel document.
The data listed in points (a), (b) and (c) of the first subparagraph may be searched in inexact mode.
3. Alphanumeric searches referred to in Article 25(2) of Regulation (EU) 2017/2226
Competent authorities shall have access to search with the following data:
(a)
surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;
(b)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;
(c)
the date of expiry of the validity of the travel document or documents.
Any combination of the data listed in the first subparagraph may be used as long as:
—
the date of birth and the sex is used in combination with other data;
—
the date of expiry of the validity of the travel document or documents is used together with the number of the travel document.
The data listed in points (a), (b) and (c) of the first subparagraph may be searched in inexact mode.
4. Alphanumeric searches referred to in Article 26(1) of Regulation (EU) 2017/2226
Immigration authorities shall have access to search with the following data:
(a)
surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;
(b)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;
(c)
the date of expiry of the validity of the travel document or documents.
All data listed in the first subparagraph shall be used when performing this search.
The data listed in points (a), (b) and (c) of the first subparagraph may be searched in inexact mode.
5. Alphanumeric searches referred to in Article 23(2) and the third subparagraph of Article 27(1) of Regulation (EU) 2017/2226
Border and/or immigration authorities will have access to search with the following data:
(a)
surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;
(b)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents;
(c)
the date of expiry of the validity of the travel document or documents.
The data listed in points (a), (b) and (c) of the first subparagraph may be searched in inexact mode.
6. Alphanumeric searches referred to in Article 32(5) of Regulation (EU) 2017/2226
Designated authorities shall have access to search with the following data:
(a)
surname (family name); first name or names (given names); date of birth; nationality or nationalities; sex;
(b)
the type and number of the travel document or documents and the three-letter code of the issuing country of the travel document or documents, the date of expiry of the validity of the travel document or documents;
(c)
visa sticker number and the date of expiry of the validity of the visa;
(d)
date and time of entry, authority that authorised the entry and entry border crossing point;
(e)
date and time of exit and exit border crossing point.
Any combination of the data listed in the first subparagraph may be used.
The data listed in points (a), (b) and (c) of the first subparagraph may be searched in inexact mode.
Biometric searches
The conditions under which the biometric search may be performed shall be as set out in the Commission Implementing Decision laying down the specifications for the quality, resolution and use of fingerprints and facial image for biometric verification and identification in the Entry/Exit System (EES) ( 11 ) .
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
