To ensure that national authorities and Union agencies, in the performance of their tasks, do not take decisions that are based exclusively on data recorded in the EES, they should take into account that individual files registered in the EES might contain incomplete sets of data. That derogation should cease to apply 5 years and 180 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226 to reflect the 5-year retention period for sets of data for which the exit record is missing as set out in Article 34(3) of that Regulation. Entry and exit records created during the progressive start of operations of the EES should not be used for automated reporting, nor for automated processes, including automated consultation from the European Travel Information and Authorisation System (ETIAS), as established by Regulation (EU) 2018/1240 of the European Parliament and of the Council.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
