Border control in the EU is changing forever: Are you ready for the EES system?

Practicing lawyer in Poland enforce by knowledge

The European Union (EU) is planning to introduce two separate but interconnected schemes that will affect non-EU citizens travelling to most EU countries (EES ana ETIAS).

Hereabdafter I will go through the first one — EES (the EU Entry/Exit System (EES).

The EES is an automated system for registering travellers from the UK and other non-EU countries each time they cross an EU external border.

The system will register the person’s name, type of the travel document, biometric data (ie fingerprints and captured facial images) and the date and place of entry and exit.

The EES applies to You if You are a non-EU national travelling for a short stay to a European country using the EES and You either: possess a short-stay visa; or do not need a visa to stay for a maximum of 90 days in any 180-day period. EES will be an automated IT system for registering travellers from non-EU countries, including the UK, each time they cross a border into or out of the EU.

You need to have a biometric passport — a passport containing a chip with your biometric information collected from you at the moment you applied for the passport. If you do not have a biometric passport, you will not be able to use self-service systems.

You can check the number of days you are still allowed to stay on the territory of European countries using the EES through the EES online tool, which You can find: on the webpage (currently not available) when using the equipment installed at some external borders

The EES does not apply to:

• Nationals of the European countries using the EES, as well as Cyprus and Ireland
• Non-EU nationals who hold a residence card and are immediately related to an EU national
• Non-EU nationals who hold a residence card or a residence permit and are immediately related to a non-EU national who can travel throughout Europe like an EU citizen
• Non-EU nationals travelling to Europe as part of an intra-corporate transfer or for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au-pairing
• Holders of residence permits and long-stay visas
• Nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See

People exempt from border checks or who have been granted certain privileges with respect to border checks (such as heads of state, cross-border workers, etc.):

• People not required to cross external borders solely at border crossing points and during fixed opening hours
• People holding a valid local border traffic permit
• Crew members of passenger and goods trains on international connecting journeys
• People holding a valid Facilitated Rail Transit Document or valid Facilitated Transit Document, provided they travel by train and do not disembark anywhere within the territory of an EU Member State

The planned launch date of November 10, 2024, has been delayed and a new date is uncertain.

It could be later in 2024 or even in 2025.

Legal base: Article 2(3) of Regulation(EU) 2017/2226 Resources: https://commonslibrary.parliament.uk/the-eu-entry-exit-system-and-eu-travel-authorisation-system/ https://travel-europe.europa.eu/ees_en