Passport

Understanding the EU Entry / Exit System (EES)

On 10 November 2024 signals the launch of the first of two major updates to the way that UK passport holders gain entries to Schengen Zone countries. The Schengen Zone comprises all EU nations plus Iceland, Norway and Switzerland with the exception of except Cyprus and Ireland). These new initiatives are:

  • EU Entry/Exit System (EES), which is planned to launch on 10th November in 2024
  • European Travel Information and Authorisation System (ETIAS), due in mid-2025. 

In this guide we will look at what the purpose of this change is, who it will affect and what its likely impact will be for our partners and their clients.

The EU Entry/Exit system (EES) being introduced on 10 November 2024 is an electronic system that replaces the physical stamping of passports at passport control for travellers of 'third countries' when entering into and departing from participating European countries with collection of biometric data (fingerprints and facial photograph) instead. As is registers all journeys into and out of these countries it creates a log of traveller movements every time you cross a border in or out of the area.

The EES is being put in place for a number of reasons - from modernisation and automation of the EU's external borders with a view to a longer term improvement of the traveller experience throughout the region - to border security improvements via the collection of biometrics which aims to help detect identity fraud and visa contraventions. This information can be shared in real time allowing that border authorities across the EU have the right information at the right time.

Once the new system is live, then as well as providing your passport you will also need to have a photo of your face taken and/or your fingerprints scanned. This will occur when you go through passport control on your arrival to, and departure from, your destination. 

Once you provide this personal and biometric data this information is recorded digitally and you passport will not be stamped.

Once registered, your record is stored securely for 3 years after which you will need to re-register for any susequent trips. 

If you hold a biometric passport, you will be able to enter more quickly using the self-service system (if available the border crossing point you choose). If your digital file is free of travel restrictions, you may not need to go via a passport control officer.

Please be aware that all the other conditions for entry or exit remain valid and passport control officers may, at any time, take measures as necessary, such as collecting again the image of your face, etc.

It may be possible to speed up the process by registering your data in advance of travelling, by using:

  • A dedicated self-service system at your border crossing point (although not every crossing point may have this service available); and/or
  • Using a mobile app - if made available by the country of arrival or departure.

Because your registration under the EES is stored for 3 years you won't need to register or provide this information for each European country operating the system as your fingerprints and/or photo of your face will have already been recorded. When moving between participating countries the border control officers will need only to validate your fingerprints and photo - resulting in quicker processing times. 

The system is expected to cause delays initially due to the registration process. However, as soon as the majority of Brits complete this step, entry and exit into the EU will go more smoothly and without major delays.

The EES applies to non-EU nationals travelling for a short-stay, each time they cross the borders of any of the following participating European nations:
  • Austria
  • Belgium
  • Bulgaria
  • Croatia
  • Czech Republic
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Italy
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Netherlands
  • Norway
  • Poland
  • Portugal
  • Romania
  • Slovakia
  • Slovenia
  • Spain
  • Sweden
  • Switzerland
For the purpose of the Entry/Exit system, a ‘non-EU national’ means a traveller not holding the nationality of any European Union country or the nationality of Iceland, Liechtenstein, Norway or Switzerland.

The Entry/Exit system applies to those travelling for a 'short stay' from a ‘third country’.  This means people who are not an EU citizen or a citizen of the Schengen area, likely meaning that most people travelling from the UK will be affected.

The term 'short stay' refers to all travel - business or leisure - that have a duration of up to 90 days and are taken within a 180 day period. This again means that the majority of UK-Europe travel will be classed as a short stay. The period is calculated as a single period across all European countries using the EES.

There are some groups that may be exempt from the EES which are detailed below: 

  • Nationals of the European countries using the EES along with Cyprus and Ireland
  • Non-EU nationals who hold a residence card or a residence permit and are immediately related to a non-EU national who can travel throughout Europe like an EU citizen
  • Non-EU nationals travelling to Europe as part of an intra-corporate transfer or for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au-pairing
  • Holders of residence permits and long-stay visas
  • Nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State or the Holy See
  • People exempt from border checks or who have been granted certain privileges with respect to border checks (such as heads of state, cross-border workers, etc.)
  • People not required to cross external borders solely at border crossing points and during fixed opening hours
  • People holding a valid local border traffic permit
  • Crew members of passenger and goods trains on international connecting journeys
  • People holding a valid Facilitated Rail Transit Document or valid Facilitated Transit Document, provided they travel by train and do not disembark anywhere within the territory of an EU Member State

For the most part the EES checks will take place when you arrive at your destination airport or port. They will also be undertaken when you depart your destination at the end of your trip. 

The exceptions to this are for those departing from the Port of Dover or via International trains from the UK at St Pancras or Folkestone. In this case, due to the dual border where UK and French authorities are at these ports then these checks will happen when going through the passport control in the UK, on your departure, and you won’t need to do these checks again when you arrive on the other side.

The EES system applies to non-EU nationals who:

  • Require a short-stay visa to travel to the European countries using the EES; or
  • Do not need a visa to travel for a short stay in the European countries using the EES

In this context ‘Short stay’ means any visitor travelling up to 90 days within any 180-day period. This is a single period for all the European countries using the EES.

Who can access your personal data?

  • Authorities in European countries using the EES such as border, visa and immigration authorities for the purpose of verifying your identity and understanding whether you should be allowed to enter or stay on the territory.
  • Europol may also access your data for law enforcement purposes.
  • Under strict conditions, your data may be transferred to another country (inside or outside the EU) or international organisation (listed in Annex I of Regulation (EU) 2017/2226 - a UN organisation, the International Organisation for Migration, or the International Committee of the Red Cross) for return (Article 41(1) and (2), and Article 42) and/or law enforcement purposes (Article 41(6)).
  • Transport carriers will only be able to verify whether short-stay visa holders have already used the number of entries authorised by their visa and will not be able to access any further personal data.

 

How long does the EES keep your personal data?

Your data will only be kept in the system for the purposes for which it was collected and for the specific durations outlined in the table below.

  • Records of entries, exits and refusals of entry | 3 years | Starting on the date on which they were created
  • Individual files containing personal data | 3 years and 1 day | Starting on the date of your last exit or of your refusal of entry (if you were not permitted to enter)
  • If no exit has been recorded | 5 years | Starting on the expiry date of your authorised stay.

After each time period expires, your data is automatically erased.

 

How is your data in the EES protected?

The data stored in the EES is protected against abuse and access to it is restricted to specific staff within national authorities.

Your data cannot be transferred to third parties - whether public or private entities - except in certain cases. See Who can access your personal data.

All data processing is performed by the European countries using the EES. 

The EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security, and Justice (eu-LISA) will ensure that the EES is operated in accordance with the applicable legislation. 

Strong safeguards are in place for the effective protection of your personal data rights:

  • as a non-EU national to which the EES applies, you have the right to request access to your data, or to request the rectification, completion or deletion of data relating to you in the EES.
  • the EES is supervised by both the European Data Protection Supervisor and independent national supervisory authorities in every participating country;
  • the EES has been developed in accordance with the principles of data protection by design and by default;
  • full compliance with fundamental rights and data protection rules requires technology and information systems to be well designed and correctly used.

 

What rights do you have as regards to your personal data?

You have the right to:

  • Request from the controller access to data relating to you
  • Request that inaccurate or incomplete data is corrected
  • Request that unlawfully processed personal data that concern you is erased and/or request that specific data are not processed

To exercise any of these rights, you must contact a data controller (e.g. the entity responsible for processing your data) or data protection officer in any of the European countries using the EES, preferably the ones to which you travelled.

You can find the relevant contact details for the European countries using the EES.

No, your passport and details will still be checked at each country's border crossing, but you won't need to register for each country you visit.

Registration should only be needed the first time you travel to a participating country and then every 3 years after that - which is the length of time your biometric data is held for. The re-registration process allows you to update any details that may have changed. 

Everyone, adults and children will be required to go through the EES check, however children under the age of 12 will not need to provide fingerprints, although are subject to a facial scan.

Anyone refusing to provide fingerprints or a facial scan will be refused entry to the country in question.