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
Entry/Exit System (EES), Regulation (EU) 2017/2226
What does ENTRY-EXIT-SYSTEM Article 20 say?
Short answer, straight from the official text
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 …
Source: Entry/Exit System (EES), Regulation (EU) 2017/2226, read 2026-10-13.
| In the act | EU 2017/2226 |
| CELEX | 32017R2226 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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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.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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