BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)

(1) Regulation (EU) 2017/2226 of the European Parliament and of the Council establishes an Entry/Exit System (EES). The EES provides for the recording and storage of the date, time and place of entry and exit of third–country nationals crossing the borders of the Member States at which the EES is operated. The EES also permits the calculation of the duration of the authorised stay of such third-country nationals and generates alerts to Member States when the authorised stay has expired. The EES further provides for the recording and storage of the date, time and place of refusal of entry of third-country nationals whose entry for a short stay has been refused, as well as the authority of the Member State which refused the entry and the reasons for such refusal.

(2) Article 50(1) of Regulation (EU) 2017/2226, imposes an obligation on responsible Member States to provide certain information to third-country nationals whose data are to be recorded in the EES as regards the conditions under which their data is to be collected and retained as regards the rights of those third country nationals with regard to such data. Pursuant to Articles 50(3) such information is also to be published on a website to be set up by the Commission.

(3) It is necessary to lay down the specifications and conditions for the public website.

(4) In order to ensure that third country nationals are provided with ready and effective access to information regarding the collection and use of their data and with information from the web-service to be established pursuant to Article 13 of Regulation (EU) 2017/2226, the public website should be established.

(5) The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice should be responsible for the technical aspects of the development and operation of the public website and the Commission should be responsible for the content. In this respect, it is necessary to provide for rules on the management of the content of the public website. Moreover, for the purpose of management of the content of the public website, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice should develop a secure administration interface enabling the Commission to add or remove content from the public website.

(6) Access to the public website by members of the public as well as administrators of the public website should be logged in order to detect or prevent any misuse of any part of the public website.

(7) The retention period for logs should be two years, which is a minimum period required to be able to monitor the use of the application and to compare website related statistical data on a yearly basis.

(8) The public website should be developed in a way that allows access to persons with disabilities.

(9) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark did not take part in the adoption of Regulation (EU) 2017/2226 and is not bound by it or subject to its application. However, given that Regulation (EU) 2017/2226 builds upon the Schengen acquis, Denmark has notified on 30 May 2018, in accordance with Article 4 of that Protocol, its decision to implement Regulation (EU) 2017/2226 in its national law.

(10) This Decision constitutes a development of the provisions of the Schengen acquis in falling outside the scope of the Council Decision 2002/192/EC ; Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(11) As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning their association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC .

(12) As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis , which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC .

(13) As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU .

(14) As regards Cyprus, Bulgaria and Romania and Croatia, this Decision constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession, Article 4(2) of the 2005 Act of Accession and Article 4(2) of the 2011 Act of Accession.

(15) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council and delivered an opinion on 21 January 2021.

(16) The measures provided for in this Decision are in accordance with the opinion of the Smart Border Committee (EES).