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Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 article 20 CELEX: 02017R2226-20210803 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
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:
create an individual file for that third-country national in the EES, if necessary;
update the latest entry/exit record by entering the missing data in accordance with Articles 16 and 17 of this Regulation; or
erase an existing file where Article 35 of this Regulation provides for such erasure. |