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Regulation (EU) 2017/2226 Article 20

Regulation (EU) 2017/2226 Article 20

Data to be added in case of rebuttal of the presumption that a third-country national does not fulfil the conditions of duration of authorised stay

Article 20

Without prejudice to Article 22, where no individual file has been created in the EES for a third-country national present on the territory of a Member State or where there is no last relevant entry/exit record for such a third-country national, the competent authorities may presume that the third-country national does not fulfil or no longer fulfils the conditions relating to duration of authorised stay within the territory of the Member States. In the case referred to in the first paragraph of this Article, Article 12 of Regulation (EU) 2016/399 shall apply and, if the presumption is rebutted in accordance with Article 12(3) of that Regulation, the competent authorities shall: (a) create an individual file for that third-country national in the EES, if necessary; (b) update the latest entry/exit record by entering the missing data in accordance with Articles 16 and 17 of this Regulation; or (c) erase an existing file where Article 35 of this Regulation provides for such erasure.

Read the full instrument → · Read this in context: CHAPTER II — ENTRY AND USE OF DATA BY COMPETENT AUTHORITIES →

Other provisions in CHAPTER II — ENTRY AND USE OF DATA BY COMPETENT AUTHORITIES

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 20 of Regulation (EU) 2017/2226 (LawPlayer, data as of 2026-07-04)

© European Union, https://eur-lex.europa.eu, 1998-2026. Reuse authorised under Commission Decision 2011/833/EU, provided the source is acknowledged.

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