European Union's delayed 'entry and exit' system set to launch later in 2024

The European Union's entry and exit system (EES) is now due to start on 6 October 2024, having been delayed since 2022. The rescheduled launch facilitates France's request that implementation begins after the 2024 Paris Olympics.

What is the EES?

The EES is an automated IT system for registering non-EU nationals travelling for a short stay. While much of the Schengen area is separated by 'soft' borders, where the EES will not operate, it will apply for non-EU nationals crossing external borders.

It includes both travellers who require a short-stay visa as well as visa-free nationals visiting for up to 90 days in any 180-day period.

Why has it been introduced?

The European Commission identified four issues with the current border crossing procedure.

The increasing number of border crossings in and out of the Schengen area (around 300 million third-country nationals (TCNs) border crossings estimated for the year 2025) have brought delays in border checks.

Meanwhile, the current control of the authorised period of stay of TCNs is error prone, slow and not systematically implemented, due to the complexity and slowness of the current travel document stamping obligation.

The current border control process also cannot report and identify overstayers systematically, easily and in a reliable manner, which is resulting in a lack of reliable information on irregular immigration and problems for return – and is compounded by an absence of modern systems and technologies.

It has also highlighted the need to further reinforce the fight against international criminality, terrorism and other security threats.

Three policy objectives

The Commission has also identified three policy objectives of the EES. Firstly, it wants the EES to improve the management of external borders, as well as to reduce irregular migration by addressing "overstaying".

It also wants to the EES to contribute to the fight against terrorism and serious crime and ensure a high level of internal security. The system will facilitate the border crossing of legitimate travellers while increasing the possibility to identify overstayers and irregular migrants as well as facilitating the implementation of return decisions. It will also ensure a better identification of third country nationals and will allow detecting people using several identities.

How will it work?

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

According to the European Commission, the system will apply when entering 25 EU countries (all Member States apart from Cyprus and Ireland) and four non-EU countries (Norway, Iceland, Switzerland and Lichtenstein) that are part of the border-free Schengen area along with most EU Member States. As Ireland will not have this system, it will not affect current arrangements in the Common Travel Area between the UK and Ireland.

What will it replace?

The EES will replace manual stamping of passports.

Ryanair raises concerns

Ryanair  has raised a number of concerns in written evidence to Parliament. Under the project, like other major airlines, Ryanair will be required to send verification queries to the EES at least 48 hours before a scheduled departure, to find out a traveller's OK or not OK status to travel.

Persons who have multiple entry visas and long-stay visas will fall outside of the scope for the EES. They will still require standard checks, which is likely to cause confusion for both passengers and airport staff if not properly trained.

It has not been possible to test the EES system before implementation. There are concerns over the procedure where there are system outages and verification cannot be carried out prior to flight departures.

Also, the 48-hour deadline will prevent late ticket sales. Ryanair highlighted that this will have an impact on its revenue as well as passengers who wish to make last-minute travel plans.

There will be no gradual implementation of the EES. This is despite the suggestion of the Commission that this would be most appropriate to allow for flexibility over the implementation period.

Osborne Clarke comment

Although one of the aims of the EES will be to streamline the border-crossing process; in the short term, the requirement to submit fingerprints and facial biometrics is much more likely to increase the processing time at ports, rail terminals and airports. This will be particularly difficult at the crossings at the port of Dover and the Folkestone Eurotunnel terminal where, currently, French border officials check documents. Eurotunnel estimates the average time for processing a car would rise from under 60 seconds to between five and seven minutes, leading to queues and further delays.

Other concerns include the handling and storing of the special category of biometric data. This is likely to be an increasing concern shared with the upcoming European Travel Information and Authorisation System scheme.

As we find out further about how the EES will work in practice, we will of course continue to share updates with you.