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1. On entry and exit, data on the following categories of persons shall be entered in the EES in accordance with Articles 16, 17, 19 and 20 of Regulation (EU) 2017/2226:

(a) third-country nationals admitted for a short stay pursuant to Article 6(1) of this Regulation;

(b) third-country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who do not hold a residence card pursuant to that Directive;

(c) third-country nationals who:

(i) are members of the family of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and (ii) do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.

2. Data on third-country nationals whose entry for a short stay has been refused in accordance with Article 14 of this Regulation shall be entered in the EES in accordance with Article 18 of Regulation (EU) 2017/2226.

3. Data on the following categories of persons shall not be entered in the EES:

(a) third-country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive, whether or not they accompany or join that Union citizen;

(b) third-country nationals who are members of the family of a national of a third country, whether or not they accompany or join that national of a third country, where:

(i) that national of a third country enjoys the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, and (ii) those third-country nationals hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;

(c) holders of residence permits referred to in point 16 of Article 2 other than those covered by points (a) and (b) of this paragraph;

(d) holders of long-stay visas;

(e) third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU of the European Parliament and of the Council () or Directive (EU) 2016/801 of the European Parliament and of the Council ();

(f) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See; ◄ (g) persons or categories of persons exempt from border checks or benefitting from specific rules in relation to border checks, namely:

(i) Heads of State, Heads of Government and members of national government with accompanying spouses, and members of their official delegation, and sovereigns and other senior members of a royal family, in accordance with point 1 of Annex VII;

(ii) pilots of aircraft and other crew members in accordance with point 2 of Annex VII;

(iii) seamen in accordance with point 3 of Annex VII, and seamen who are present within the territory of a Member State only when their ship puts in and in the area of the port of call;

(iv) cross-border workers in accordance with point 5 of Annex VII;

(v) rescue services, police, fire brigades acting in an emergency situation and border guards, in accordance with point 7 of Annex VII;

(vi) offshore workers in accordance with point 8 of Annex VII;

(vii) crew members and passengers of cruise ships in accordance with points 3.2.1, 3.2.2 and 3.2.3 of Annex VI; (viii) persons on board a pleasure boat who are not subject to border checks in accordance with points 3.2.4, 3.2.5 and 3.2.6 of Annex VI;

(h) persons who benefit from a derogation from the obligation to cross external borders only at border crossing points and during the fixed opening hours pursuant to Article 5(2);

(i) persons who present a valid local border traffic permit for their border crossing in accordance with Regulation (EC) No 1931/2006 of the European Parliament and of the Council ();

(j) members of the crew of passenger and goods trains on international connections;

(k) persons who present for their border crossing:

(i) a valid Facilitated Rail Transit Document issued in accordance with Council Regulation (EC) No 693/2003 (); or (ii) a valid Facilitated Transit Document issued in accordance with Regulation (EC) No 693/2003 provided that they transit by train and they do not disembark within the territory of a Member State.