Navigating the New Normal: Understanding Europe’s Entry-Exit System Part 2

This November (a precise date remains to be confirmed, with 10 or 17 November being the most likely), the Entry-Exit System (EES), Europe's digital automated IT system for registering the entry and exit of non-EU nationals travelling to Europe for short stays, will finally become operational.

This blog series provides a look at what you need to know, with Part 1 focusing on an overview of EES and the importance of compliance and Part 2 focusing on travel considerations related to the new system.

Will the EES make travelling easier?

It depends on the time horizon. In the short term, many travellers could face delays and confusion, especially if the new electronic systems at borders do not work smoothly. Although the system is due to be rolled out simultaneously in November at all 1700 Schengen border crossings, it is not clear to what extent each national border authority—the implementing authority—and indeed each border point will be able to cope.

Despite these initial inconveniences, in the longer term the EES has potential to improve the travel experience for compliant travellers by speeding up border controls. It will certainly increase scrutiny of those who are not compliant.

What about travelling within Europe?

In general, there are no border controls when travelling within the Schengen Area. If you arrive in Portugal, travel across the continent and leave the Schengen area from Finland, you will in principle not be subject to any border controls, regardless of your nationality (except, of course, at the entry point, in Portugal and upon exit, in Finland).

Exceptions to this general rule do exist, but it is still to be determined how internal checks will be interlinked with the EES. Also, Bulgaria and Romania are a special case. They partially joined the Schengen area on 31 March 2007. As a result, internal border controls at air and seaports have ended - but land border controls remain in place for the time being. When you cross the land borders of these countries, the EES system will record your entry/exit, but without biometric data entry.

Are there any specific exemptions to consider?

The short answer is yes - many. It is thus important to know them and whether you qualify for any. It will also be crucial to know how to enforce your rights. 

There are specific exceptions, for example, for family members of EU citizens exercising their right to free movement, who enjoy enhanced mobility rights throughout the EU.

Some non-EU nationals benefit from additional days in the Schengen Area based on bilateral agreements between their country of nationality and an EU country. These bilateral agreements predate the establishment of the Schengen Area and are still in force. Yet, the individual traveller must be aware of his or her rights and claim the exemption at the border to ensure that his or her entry/exit is correctly recorded and that he or she is not wrongly identified as an overstayer. 

Finally, EU countries will have the possibility to put national facilitation programs in place for frequent travellers. What will be the process and eligibility criteria to qualify for such program will be determined on a country-by-country basis.

What other developments should be considered?

The EES is part of a wider digitisation effort within the Schengen area to improve security and efficiency. By enabling authorities to check travellers' data against security databases, the EES helps to address security concerns more effectively. A built-in calculator will allow border guards identify potential overstayers, while travellers will be able to monitor their own travel days and travel compliantly.

The Entry/Exit System (EES) is closely linked to the wider digitisation of the Schengen area, which includes the European Travel Information and Authorisation System (ETIAS), which is expected to be launched in the first half of 2025.

ETIAS will require visa-exempt travellers to obtain an online travel authorisation before entering the Schengen area, similar to what is in place in many other non-EU countries, including the US (ESTA) and Canada (eTA).

Finally, the system is also linked to the long-term plan to have a fully digitalised Schengen visa system, including online applications and verification, although this is not expected to be in place before 2028.

What can you do now to prepare?

As a company ensure your business traveller policy is aligned with these upcoming developments and that your travellers understand implications.

If you are part of the exempted categories, it is important to ensure you understand your rights and how you can enforce them. This may require a case-by-case assessment.

Need to know more?

Please contact Fragomen Consulting Europe at [email protected] to discuss such steps to prepare or anything else that remains unclear.

This blog was published on 8 October 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.