Smart borders: EU Entry/Exit System

 

SUMMARY OF:

Regulation (EU) 2017/2226 establishing an Entry/Exit System (EES) to register the data of non-EU nationals crossing the EU’s external borders

Regulation (EU) 2017/2225 amending the Schengen Borders Code as regards the use of the Entry/Exit System

WHAT IS THE AIM OF THE REGULATIONS?

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-EU nationals crossing the EU’s 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 both to those that need a short-stay visa and to those that are from visa-exempt non-EU countries.

The EES will replace the current system of manual stamping of passports which is time-consuming, does not provide reliable data on border crossings and does not allow for an effective detection of over-stayers. The system will also contribute to the fight against terrorism and serious crime.

Regulation (EU) 2017/2226 amends several EU laws:

The amendment of the Schengen border code as regards the use of the Entry/Exit System is a separate legislative act, Regulation (EU) 2017/2225.

KEY POINTS

Subject matter

Regulation (EU) 2017/2226 creates the EES, a common electronic system which:

The system replaces the requirement to stamp the passport of non-EU nationals, which is applicable by all EU countries.

Scope

The EES applies to travellers subject to a visa requirement as well as those exempted from it and admitted for a short stay of up to 90 days in a 180-day period, who cross the external borders of the Schengen area. The EES will also record data on non-EU nationals whose entry for a short stay has been refused.

The EES will operate at the external borders of the EU countries which apply the Schengen acquis in full and at the borders of EU countries which — at the time the system will start its operations — will not yet apply the Schengen acquis in full, but will have successfully gone through the Schengen evaluation procedure and have obtained passive access to the VIS and full access to the Schengen Information System (SIS).

Data storage and accessibility

The EES will store data on identity, travel documents as well as biometric data. The data will be kept for 3 years for those travellers who respect the short-stay rules, and 5 years for those who exceed their authorised period of stay.

The data stored will be accessible to border authorities, visa-issuing authorities and authorities responsible for monitoring whether a non-EU national fulfils the conditions of entry or residence. For the purposes of preventing, detecting or investigating terrorist offences or other serious criminal offences designated law enforcement authorities and Europol may request the consultation of EES data.

Technical architecture

The EES comprises:

The eu-LISA agency has the responsibility for developing and operating the system, including for adapting the VIS so as to ensure the interoperability between the EES central system and the VIS central system.

Amendment of the Schengen Borders Code

Regulation (EU) 2017/2225 makes changes to the Schengen Borders Code as regards the use of the EES at the EU’s external borders. These changes are:

FROM WHEN DOES THE REGULATION APPLY?

Both the regulations have applied since 29 December 2017.

BACKGROUND

The EU Entry/Exit System is a priority initiative to modernise the EU’s external border management and to contribute to combating terrorism and serious crime, alongside other important border management and security files.

For further information, see:

MAIN DOCUMENTS

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)

Corrigendum

RELATED DOCUMENTS

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)

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)

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)

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) (OJ L 77, 23.3.2016, pp. 1-52)

Successive amendments to Regulation (EU) No 2016/399 have been incorporated into the original document. This consolidated version is of documentary value only.

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 16.07.2019