The new EU Entry/Exit System (EES) is due to start in October of 2024 on all external borders of the EU. The automated IT system will be used to register travellers from non-EU countries. Even though “soft” borders divide much of the Schengen area, the EES will apply to non-EU citizens travelling across external borders.
This applies to visitors without a visa and those with a short-term visa, and covers short term stays of up to ninety days within 180 days.
Every time a non-EU traveller enters and leaves the Schengen area, the Entry/Exit System (EES) will gather their data and note the time, date, and location of entry and exit. The information that is being gathered includes the individual’s identity, the kind of travel document, biometric information (facial photos and fingerprints), and the time and location of arrival or departure—additionally, the Entry Exit System records if your entry is refused.
The European Agency for the Operational Management of large-scale IT systems in the area of freedom, security, and justice (LISA) is the authority responsible for its implementation.
Why is the EU Entry Exit System being introduced?
In brief, it seeks to guarantee faster transit times and increased security throughout Europe.
The passport stamps, which are deemed unreliable because they prevent the systematic identification of overstayers—travellers who have overstayed their permitted legal stay—will be replaced with an automated system based on biometric data.
It is also used as a way to address irregular migration, preventing identity fraud, and discovering those in possession of false documents. The new system will provide law enforcement agencies access to a record of non-EU citizens’ travel records, including those of criminal suspects.
On a positive note, it is meant to make the border crossing faster, as people will be able to use automatic machines to scan their passports and fingerprints, which will hopefully reduce delays at border control.
The large number of visitors from third countries is another issue that this system is meant to assist member states with. The EU border states won’t need to hire more border control officers even if the number of visitors from those nations rises. During border inspections, the border guards may quickly and accurately obtain an individual’s information through this system. They can also quickly access all information related to the individual’s stay and detect any overstayers. In their turn, the travellers will receive accurate information about the duration of their approved stay during this visit.
You can find more information on this here.
The background of the Entry Exit System
It was adopted as a measure of the European Union Security Union and serves to support the objectives of the European Security and Migration Agendas, which are eventually centred on fighting transnational crime and terrorism.
On April 6, 2016, the European Commission unveiled the revised Smart Borders Package, which included the EES proposal. In July 2017 the co-legislators reached an agreement after negotiations with the European Parliament and the Council. Adopted on November 20, 2017, the EES Regulation and a targeted modification to the Schengen Border Code came into effect on December 29 the same year.
The EES will be implemented in 25 EU countries (all Member States except for Cyprus and Ireland), as well as four non-EU nations (Norway, Iceland, Switzerland, and Lichtenstein), which are included in the borderless Schengen Area.
There won’t be any impact on the current arrangements in the Common Travel Area between the UK and Ireland because Ireland won’t apply EES yet.
Why not let the Entry/Exit System (EES) stay the same as before?
The EU authorities agreed that the current system has several flaws and needs to be improved. We are used to seeing long queues in the airports or other ports of entry into the EU, especially during the holiday season.
It happens frequently that passports are not stamped at the border, so it is difficult to identify overstayers.
What are the concerns that come with the new EU Entry/Exit System?
The first few months after the system goes live could be chaotic at the border crossings and airports. Individuals with long-stay and multiple-entry visas are not eligible for the EES. They will still need to pass the regular checks, which is likely to confuse travellers as well as airport employees.
If you need to travel during the first months of the EES entry into force, you need to plan some extra time for the border control formalities, and ask for help if you don’t know which line you need to go.
The port of Dover and the Folkestone Eurotunnel, in particular, may suffer from additional delays, so allow more time when travelling through these border ports.
On the other hand, many NGOs and people expressed concerns about personal data protection: the EES will be a centralised source of storing huge quantities of biometric data of billions of people from all over the world. It must be duly protected to prevent any attempts of unauthorised access.
You can find more information on the New EU Entry/Exit System here.
Please note that the new Entry/Exit System is not the same as ETIAS. The latter refers to an obligation to request a previous permission to enter the EU, similar to the ESTA system in the USA. You can find more information on ETIAS in our post here.
For more information on the rules for UK citizens travelling to Spain, please see this article.
If you require professional advice on any related immigration procedure, get in contact through the form below or call us so we can assist you with your legal procedure.
This article is written in collaboration with Mara Pelzer, a member of the Legal Support Team at Klev&Vera.
