New EU border controls: Introduction of the EES and ETIAS systems

The Entry-Exit System is an automated IT system for the registration of nationals from non-EU countries. The EES is used to record the personal data of nationals from non-EU countries who cross the external borders of the Schengen area, regardless of whether they are exempt from the visa requirement or not. Specifically, the EES is intended to replace the manual stamping of third-country nationals' passports by electronically calculating the permitted duration of their stay in the Schengen area. It will also make it possible to electronically monitor entry and exit movements, refusals of entry and the length of stay of nationals from non-EU countries when crossing the Schengen external borders for a short stay. The short stay covers a maximum period of 90 days over a total period of 180 days and is calculated as a single period for all European countries using the EES.

 

When crossing the border for the first time after the introduction of the EES, travelers' personal data will be recorded. Border officials scan the fingerprints or take a photo of the traveler's face. This data is stored in a digital file. There is no stamp in the passport, regardless of whether it is biometric or not. Following the introduction of the EES, the process is simplified for multiple border crossings. The traveler's fingerprints or facial image are already stored in the EES. At border control, this biometric data is merely checked, which speeds up the process. Only in exceptional cases may it be necessary to re-enrol and store the data.  Holders of a biometric passport can enter the country more quickly by using the self-service system (if available at the border crossing point in question). If no obstacles to travel are noted in the digital file, travelers generally do not need to visit a passport control officer. It should be noted that all other entry and exit conditions remain valid and passport control officers can take the necessary measures at any time, such as re-taking the facial image, etc.​

The ETIAS is an online registration system for visa-exempt third-country nationals planning a short-term stay in the Schengen area. With the European Travel Information and Authorization System, visa-exempt third-country nationals are obliged to apply for a permit before the start of their short stay. Visa-exempt third-country nationals are generally nationals of the countries listed in Annex II of Regulation (EU) 2018/1806. Citizens of Iceland, the Principality of Liechtenstein and Norway are exempt from the ETIAS requirement. The ETIAS acts as a travel authorization and is a prerequisite for entry into the member states of the Schengen area. The permit is valid for 3 years for multiple entries or until the travel document registered at the time of application expires. If the traveler receives a new passport, a new ETIAS travel authorization must be applied for. Since the ETIAS travel authorization is linked to the travel document, the traveler must carry the same documents that were used for the ETIAS application. The traveler must be in possession of a valid ETIAS travel authorization for the entire duration of their stay. Entry and exit are possible at any time as long as the deadline is met. 

 

No. The travel authorization only allows the traveler to enter and stay for a short stay in the European countries that require an ETIAS. However, it does not entitle the traveler to begin long-term studies or work in these countries. If the traveler is planning a longer stay in a European country that requires an ETIAS, a long-term visa is usually required. Travelers with a valid visa do not need to apply for an ETIAS travel authorization.

 

If the application for an ETIAS travel authorization is rejected or if the ETIAS travel authorization is revoked or declared invalid, the traveler will receive an email stating the reasons for the rejection and the authority that made the decision. The person concerned has the right to appeal. The e-mail contains information on which European countries an appeal should be lodged with and describes the relevant procedure. Appeals will be handled in accordance with the national law of these countries. If the travel authorization is revoked at the traveler's own request, it is not possible to appeal against this decision.

 

An ETIAS travel authorization with limited validity is only issued for humanitarian and/or urgent travel reasons if a regular application has been rejected. This authorization differs from the standard ETIAS travel authorization. In contrast to a regular ETIAS permit, which allows access to all 30 European countries for which an ETIAS is required, this permit is only valid for the countries explicitly mentioned in the permit. The decision to issue an ETIAS travel authorization with limited validity lies exclusively with the authorities of the countries requiring ETIAS. Some examples of the circumstances they may take into account when considering such an application are:

 

The EU authorities have officially announced a progressive introduction of the EES​ over a period of 180 days. In the first six months, the Member States will gradually integrate the EES into their border controls. Initially, the EES will be deployed at 10 percent of the EU's external borders to process travelers. Over time, this percentage will be increased as the authorities gain more experience in using the technology. The European Commission expects the EES to be fully implemented by the end of the six-month transition period. This gradual approach will give border officials sufficient time to adapt and ensure that the system works efficiently before it is fully rolled out. Despite this latest update, the date for the start of this program remains unclear. We will keep you informed of any developments.​