The Council under the leadership of the Polish Presidency agreed with the Europarliament of the EU-ES Entry Registration System. There will be more time for its gradual implementation.
The Entry-Exit system, virtually the Entry-Exit strategy (EES), will registry all persons who are not nationals of the European Union and Iceland, Liechtenstein, Norway and Switzerland who will enter the EU with the intention of staying for a short period of 90 days in any 180-day period. This applies both to those in request of visas and those who do not request visas.
Collection of biometric data
This is the first time in past that biometric data, including facial and fingerprints of third-country nationals entering or leaving the Schengen area on short-stay visas or without them, will be collected at the external borders of the Union into an interoperable database, which is the EES.
The strategy is intended to improve the safety of the full Union area, accelerate border controls and contribute to the decommissioning of railways at border crossing points. And strengthen control over migration.
In practice, its introduction will mean the end of physical stamping of travellers' passports – their data and information on entry or exit from the Schengen area will from now on be included in the EES system, where they will be available to all EU countries for inspection at any time.
Implementation of the system
According to the latest findings of representatives of the European Parliament and of the European Council – made under the Polish Presidency – associate States will have 180 days to gradually implement the EES at the external borders of the EU.
Earlier in March, the heads of the Home Ministers of the associate States agreed on the gradual implementation of the system.
This transitional period is intended to minimise the hazard of chaos that could happen if all elements of a complex mechanics were simultaneously activated. During these 180 days, the EES may be temporarily suspended if, for example, waiting time becomes besides long or method problems arise.
System start requirements
As we read on Parliament's website, the negotiators have modified the European Commission's first proposal for a timetable for implementing the EES implementation plan.
The Commission's plan assumed that 10% of border crossing points had to be registered in the strategy on the 1st day of its operation, the EP and the Council agreed that these 10% were to be achieved by the 30th day of its operation.
The second phase of the Commission's plan predicted that by 90 days the strategy would registry 50% of cross-border travel – this request was reduced to 35 percent. A slower start would be made later, erstwhile it will be known how efficiently the EES works.
Whole strategy at once
Euro MPs of the LIBE Committee (Committee on civilian Liberties, Justice and Home Affairs, setting up and monitoring EU civilian rights government and policies – ed.) besides negotiated emergency measures if the central implementation of the EES encountered problems. Coordination between EU and national implementation plans is besides expected to be improved.
Further, if they wish, can act faster than others and implement the full strategy at erstwhile - gradual implementation will be voluntary.
A change has besides been introduced in favour of the traveller covered by the strategy – if the EES lacks information, this deficiency will not be the basis for a decision which is unfavourable to the traveller.
Quoted on the EP's website, the MEP for the EES Assita Kanko task from the faction of European Conservatives and Reformists assessed the agreement as "an crucial step to make the EU's external borders more safe and at the same time to guarantee that legal travellers do not face unnecessary obstacles".
According to Kanko, the fresh arrangements mean a more realistic calendar for the implementation of the system.
What's next?
The findings made by the LIBE Committee and representatives of the Council will should be accepted both by the Council itself and by the said committee and later by the full European Parliament in plenary.
The decision on erstwhile to start the 180-day implementation of the EES will be taken by the European Commission after the fresh government has passed. According to information on the EES website, the start of the strategy is scheduled for October 2025.
Who will the EES not concern?
The list of exceptions to whom the EES relates is long. The strategy will not include:
–citizens of EU countries, Cyprus and Ireland, nationals of Andorra, Monaco and San Marino and holders of passports issued by the Vatican State or the Holy See;
– third-country nationals with a residence card and related straight to an EU citizen;
– third-country nationals with a residence card or residence licence straight related to a third-country national who can travel across Europe on the same terms as an EU citizen;
– third-country nationals who will be sent to 1 of the EU countries as part of interior transfers in their company;
– third-country nationals arriving in the EU for research, study, training or volunteering, as well as participating in youth exchange programmes, educational projects and work as "au pair";
– holders of residence permits and long-term visas.
Nor will the strategy apply to persons who are exempt from border checks or have certain privileges, specified as heads of state or cross-border workers. The EES shall not apply to privileged persons who may cross the external borders of the EU beyond border crossings, persons authorised under local border traffic, and train crew members on global routes or persons with rail transit documents, provided that they do not leave the EU.
Written by Michał Gostkiewicz
