The European Commission presented its proposal for an Entry/Exit System in April 2016, which proposal resulted in the coming into force of Regulation (EU) 2017/2226 (the "EES Regulation")1 in December 2017. The EES Regulation provides for the introduction of an automated Entry/Exit System which shall register travellers, each time they cross an EU border ("EES"). The main driving force behind the introduction of the EES is to enhance security across Member States and to prevent irregular migration.
The EES shall collect a traveller's biometric data and record the date and place of entry and exit of said traveller, whilst also recording a traveller's refusal of entry into a Member State.
The introduction of the EES should remove the system of manual passport stamping, with the expectation that automated or self-service border checks will become the norm in the future. Through the EES, states will now be in a position to automatically detect those travellers who have exceeded the maximum duration allowed in terms of their visa, commonly referred to as 'overstayers'.
Applicability
The EES Regulation mainly applies to third country nationals – i.e. non-EU nationals/EEA/Swiss travellers – who are travelling for a short stay to a country which applies the EES, who:
- either possess a short-stay visa to enter; or
- who are exempt from such requirement and do not require a visa to stay for a maximum of 90 days in any 180-day period.
The EES shall apply in all Member States of the EU/EEA and Switzerland, save for Cyprus and Ireland which have opted out of its application.
The following individuals, among others, are excluded from the scope of the EES Regulation:
- TCNs who are family members of EU citizens or of TCNs who enjoy the right of free movement and who hold a residence card or permit;
- UK nationals who benefit from the EU-UK Withdrawal Agreement;
- nationals of Andorra, Monaco, San Marino or Ireland, and holders of passports issued by the Vatican City State; and
- holders of uniform visas or national long-stay visas.
EES operation in practice
Travellers falling within scope of the EES Regulation who travel to countries applying the EES for the first time following its implementation, must initially be registered on the system. This will entail the capturing of biometric data (i.e. a photo and 4 fingerprints) and personal details (as found on the travellers' passports) at the border crossing point, thus creating an individual file on the system. Depending on the particular circumstances, the EES may also collect such data from the Visa Information System (VIS) and the European Travel Information and Authorisation System (ETIAS).
The process relative to the initial registration on the EES may potentially be simplified through self-service systems, if available at the relevant crossing point, or alternatively through a dedicated mobile application, here again, if this is available at the relevant border crossing point.
Once the individual's file is created, the EES will keep track of the traveller's entry and exit, automatically calculating the remaining entries and allowed stay in terms of the travellers' respective visa. At any entries following the initial entry mentioned above, border control offers will only be required to verify the travellers' data through the system, reducing border check times significantly. The verification process shall mainly entail the verification of personal details on the EES against those on the travellers' passport, confirmation of the travellers' identity and a verification of the remaining duration of stay.
In terms of the EES Regulation, a new online portal shall be created for travellers to verify the remaining allowed stay in terms of their respective visa. This may also be done through the self-service systems, wherever these are installed. The EES' automated calculator shall also inform Member States of any individuals who are overstaying, for them to take appropriate action.
The EES shall also keep track of any refusal of entries in any of the Member States applying the EES.
The data found in the individual file shall be retained for a period of 3 years, which start to run from the traveller's last exit or refusal of entry. When a traveller's data is deleted, a new individual file must be re-created when such individual re-enters a Member State applying the EES.
Implementation of the EES
The EES was initially set to launch in 2022 but has encountered several setbacks over the past two years. The latest date for its application was scheduled for 10th November 2024, however, EU Home Affairs Commissioner YlvaJohansson, has issued a statement confirming that its implementation is postponed until further notice, with the potential of there being a phased roll-out of the EES, which would itself require a revision of the EES Regulation.
Several reports in the media suggest that delays are attributed to IT related issues and the installation of equipment which is now required to operate the EES at border crossing points. Several Member States, namely France, Germany and the Netherlands – all considered as major transport hubs – have also informed the EU Commission that they are not yet prepared to implement the EES.
Effects on travel
In the long run, the EES should facilitate travel for individuals who fall within scope, as it intends speed up checks at border crossings upon entry or exit, as outlined above. This being said, significant delays may be expected upon the introduction of the EES, seeing as all individuals falling within scope would need to have their biometric data captured as an initial step to be registered on the system, upon the first time they travel following the EES implementation.
Footnote
1 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
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