Article 40 — Keeping of data in national files and national entry/exit systems
Entry/Exit System (EES), Regulation (EU) 2017/2226
What does ENTRY-EXIT-SYSTEM Article 40 say?
Short answer, straight from the official text
1. A Member State may keep the alphanumeric data which that Member State entered in the EES, in accordance with the purposes of the EES, in its national entry/exit system or equivalent national files, in full respect of Union law. 2.
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. A Member State may keep the alphanumeric data which that Member State entered in the EES, in accordance with the purposes of the EES, in its national entry/exit system or equivalent national files, in full respect of Union law.
2. The data shall not be kept in the national entry/exit systems or equivalent national files for longer than they are kept in the EES.
3. Any use of data which does not comply with paragraph 1 shall be considered a misuse under the national law of each Member State as well as under Union law.
4. This Article shall not be construed as requiring any technical adaptation of the EES. Member States may keep data in accordance with this Article at their own cost and risk and using their own technical means.
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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