Smart borders: European Union entry/exit system

SUMMARY OF:

Regulation (EU) 2017/2226 establishing an entry/exit system 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-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 Convention implementing the Schengen Agreement (see summary);
the regulations on the visa information system (VIS) and on the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA);
the Schengen Borders Code setting out the conditions, criteria and detailed rules for the crossing of the EU’s external borders.

The amendment of the Schengen Borders Code as regards the use of the EES is a separate legislative act, Regulation (EU) 2017/2225.

KEY POINTS

Subject matter

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

records and stores the date, time and place of entry and exit of non-EU nationals crossing the EU’s borders;
automatically calculates the duration of authorised stay of such non-EU nationals, and generates alerts to EU Member States when the authorised stay has expired.

The system replaces the requirement to stamp non-EU nationals’ passports, which is applicable by all Member States.

Scope

The EES:

applies to travellers who cross the external borders of the Schengen area and are subject to a visa requirement, including those exempted from it and admitted for a short stay of up to 90 days in a 180-day period;
will also record data on non-EU nationals whose entry for a short stay has been refused;
will operate at the external borders of Member States that apply the Schengen acquis in full and at the borders of Member States that – at the time the system starts its operations – will not yet apply the Schengen acquis in full, but will have successfully gone through the Schengen evaluation procedure and obtained passive access to the VIS and full access to the Schengen information system.

Data storage and accessibility

The EES will store data on identity, travel documents and biometric data.

These 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;
accessible to border authorities, visa-issuing authorities and those responsible for monitoring whether a non-EU national fulfils the conditions of entry or residence.

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:

a central system that will operate a computerised central database of biometric and alphanumeric data (a mix of letters and numbers);
a national uniform interface in each participating country;
a secure communication channel between the central systems of the EES and of the VIS;
a secure and encrypted communication infrastructure between the EES central system and the national uniform interfaces (identical interfaces for all Member States connect their border infrastructures to the EES central system);
a data repository to obtain customisable reports and statistics;
a web service to enable non-EU nationals to verify their remaining authorised stay.

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 entry and exit of non-EU nationals are recorded directly in the EES;
where provided for expressly by its national law, a Member State may continue to stamp non-EU nationals’ travel documents if they hold a residence permit or long-stay visa issued by that Member State;
non-EU nationals must provide biometric data to create their individual EES file or for the carrying out border checks;
the identity and nationality of non-EU nationals and the authenticity and validity of their travel document for crossing the border are verified;
Member States may set up national entry facilitation programmes on a voluntary basis for pre-vetted non-EU nationals;
Member States may decide whether, and to what extent, to make use of technologies such as self-service systems for non-EU nationals to pre-enrol or update data in the EES, e-gates and automated border control systems, as long as an appropriate level of security is ensured, that their use is supervised and that border guards have access to the result of such border checks.

Implementing acts

The European Commission has adopted a series of acts implementing Regulation (EU) 2017/2226:

Decision (EU) 2018/1547 – specifications for connecting the central access points to the EES and for a technical solution to facilitate the collection of data by Member States for generating statistics on the access to the EES data for law enforcement purposes;
Decision (EU) 2018/1548 – rules for drawing up the list of persons identified as overstayers in the EES and the procedure to make that list available to Member States;
Decision (EU) 2019/326 – measures for entering the data in the EES;
Decision (EU) 2019/327 – measures for accessing the data in the EES;
Decision (EU) 2019/328 – measures for keeping and accessing the logs in the EES;
Decision (EU) 2019/329 – specifications for the quality, resolution and use of fingerprints and facial image for biometric verification and identification in the EES;
Decision (EU) 2022/1337 – template for the provision of information to non-EU nationals about the processing of personal data in the EES;
Regulation (EU) 2022/1409 – conditions for operating the web service provided for by Regulation (EU) 2017/2226 and its development and technical implementation.

FROM WHEN DO THE REGULATIONS APPLY?

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.

BACKGROUND

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:

The entry/exit system (European Commission)
Stronger and Smarter Borders for the European Union – the entry/exit system – factsheet (European Commission)
Security Union – A Europe that protects – factsheet (European Commission).

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).