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Smart borders: European Union entry/exit system
Smart borders: European Union entry/exit system
Smart borders: European Union entry/exit system
Regulation (EU) 2017/2226 aims to improve the effectiveness and efficiency of controls at the external borders of the Schengen area by creating a centralised entry/exit system (EES) for non-European Union (EU) nationals crossing EU external borders for a short stay.
The EES will be an automated IT system for registering entries and exits of travellers from non-EU countries at the external borders. It will apply to those needing a short-stay visa and those who are from visa-exempt non-EU countries.
The EES will replace the current time-consuming system of manually stamping passports, which neither provides reliable data on border crossings, nor effectively detects overstayers. It will also help in the fight against terrorism and serious crime.
Regulation (EU) 2017/2226 amends several EU laws:
The amendment of the Schengen Borders Code as regards the use of the EES is a separate legislative act, Regulation (EU) 2017/2225.
Subject matter
Regulation (EU) 2017/2226 creates the EES, a common electronic system that:
The system replaces the requirement to stamp non-EU nationals’ passports, which is applicable by all Member States.
Scope
The EES:
Data storage and accessibility
The EES will store data on identity, travel documents and biometric data.
These data will be:
To prevent, detect or investigate terrorist offences or other serious criminal offences, designated law enforcement authorities and the European Union Agency for Law Enforcement Cooperation (Europol) may make a request to consult EES data.
Technical architecture
The EES comprises:
eu-LISA is responsible for developing and operating the system, including for adapting the VIS to ensure the interoperability between the EES and VIS central systems.
Amendment of the Schengen Borders Code
Regulation (EU) 2017/2225 amends the Schengen Borders Code as regards the use of the EES at the EU’s external borders as follows:
The European Commission has adopted a series of acts implementing Regulation (EU) 2017/2226:
Regulation (EU) 2017/2226 has applied since 29 December 2017, with the exception of rules on the start of operations date, which must be decided by the European Commission. From that date, Regulation (EU) 2017/2225 shall apply.
The EU EES is a priority initiative to modernise the EU’s external border management and help combat terrorism and serious crime, alongside other important border management and security files.
For further information, see:
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 (OJ L 327, 9.12.2017, pp. 20–82).
Successive amendments to Regulation (EU) 2017/2226 have been incorporated into the original document. This consolidated version is of documentary value only.
Regulation (EU) 2017/2225 of the European Parliament and of the Council of 30 November 2017 amending Regulation (EU) 2016/399 as regards the use of the Entry/Exit System (OJ L 327, 9.12.2017, pp. 1–19).
Commission Implementing Regulation (EU) 2022/1409 of 18 August 2022 concerning the detailed rules on the conditions for the operation of the web service and data protection and security rules applicable to the web service, as well as measures for the development and technical implementation of the web service and repealing Implementing Regulation (EU) 2021/1224 (OJ L 216, 19.8.2022, pp. 3–19).
Commission Implementing Decision (EU) 2022/1337 of 28 July 2022 setting out the template for the provision of information to third-country nationals about the processing of personal data in the Entry/Exit System (OJ L 201, 1.8.2022, pp. 48–53).
Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, pp. 27–84).
See consolidated version.
Commission Implementing Decision (EU) 2019/326 of 25 February 2019 laying down measures for entering the data in the Entry/Exit System (EES) (OJ L 57, 26.2.2019, pp. 5–9).
Commission Implementing Decision (EU) 2019/327 of 25 February 2019 laying down measures for accessing the data in the Entry/Exit System (EES) (OJ L 57, 26.2.2019, pp. 10–13).
Commission Implementing Decision (EU) 2019/328 of 25 February 2019 laying down measures for keeping and accessing the logs in the Entry/Exit System (EES) (OJ L 57, 26.2.2019, pp. 14–17).
Commission Implementing Decision (EU) 2019/329 of 25 February 2019 laying down the specifications for the quality, resolution and use of fingerprints and facial image for biometric verification and identification in the Entry/Exit System (EES) (OJ L 57, 26.2.2019, pp. 18–28).
Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99–137).
See consolidated version.
Commission Implementing Decision (EU) 2018/1547 of 15 October 2018 laying down the specifications for the connection of the central access points to the Entry/Exit System (EES) and for a technical solution to facilitate the collection of data by Member States for the purpose of generating statistics on the access to the EES data for law enforcement purposes (OJ L 259, 16.10.2018, pp. 35–38).
Commission Implementing Decision (EU) 2018/1548 of 15 October 2018 laying down measures for the establishment of the list of persons identified as overstayers in the Entry-Exit System (EES) and the procedure to make that list available to Member States (OJ L 259, 16.10.2018, pp. 39–42).
Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, pp. 1–71).
See consolidated version.
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (codification) (OJ L 77, 23.3.2016, pp. 1–52).
See consolidated version.
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60–81).
See consolidated version.
The Schengen acquis – Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, pp. 19–62).
last update 31.08.2022