Article 33 — Procedure and conditions for access to EES data by Europol
Entry/Exit System (EES), Regulation (EU) 2017/2226
What does ENTRY-EXIT-SYSTEM Article 33 say?
Short answer, straight from the official text
1. Europol shall have access to consult the EES where all the following conditions are met: (a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate;
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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1. Europol shall have access to consult the EES where all the following conditions are met:
(a) the consultation is necessary to support and strengthen action by Member States in preventing, detecting or investigating terrorist offences or other serious criminal offences falling under Europol’s mandate;
(b) the consultation is necessary and proportionate in a specific case;
(c) evidence or reasonable grounds exist to consider that the consultation of the EES data will contribute to the prevention, detection or investigation of any of the criminal offences in question, in particular where there is a substantiated suspicion that the suspect, perpetrator or victim of a terrorist offence or other serious criminal offence falls under a category covered by this Regulation.
2. Access to the EES as a tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed where the conditions listed in paragraph 1 are met and the consultation, as a matter of priority, of the data stored in the databases that are technically and legally accessible by Europol has not made it possible to identify the person in question.
A request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA.
3. The conditions laid down in Article 32(3), (4) and (5) shall apply accordingly.
The article continues in the official text.
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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