# 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 34: Data retention period

Extent: E+W+S+N.I.

1. Each entry/exit record or refusal of entry record linked to an individual file shall be stored in the CIR and in the EES Central System for three years following the date of the exit record or of the refusal of entry record, as applicable.
2. Each individual file together with the linked entry/exit record or records or refusal of entry records shall be stored in the CIR and in the EES Central System for three years and one day following the date of the last exit record or of the refusal of entry record if there is no entry record within three years from the date of the last exit record or refusal of entry record.
3. If there is no exit record following the date of expiry of the period of authorised stay, the data shall be stored for a period of five years following the date of expiry of the period of authorised stay. The EES shall automatically inform the Member States three months in advance of the scheduled erasure of data on overstayers in order to enable them to adopt the appropriate measures.
4. By way of derogation from paragraph 1, each entry/exit record registered for third-country nationals who have the status referred to in point (b) of Article 2(1) shall be stored in the EES for a maximum of one year after the exit of such third-country nationals. If there is no exit record the data shall be stored for a period of five years from the date of the last entry record.
5. Upon expiry of the retention period referred to in paragraphs 1 to 4, the data in question shall automatically be erased from the EES Central System and from the CIR.

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Source: https://www.legislation.gov.uk/eur/2017/2226/article/34 (the official version)
Page: https://openlegislation.uk/eu-regulation-2017-2226/article-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.