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European Union officials published a revised timeline for the implementation of the Entry/Exit System (EES) and the European Travel Information and Authorization System (ETIAS).
Key Points:
Additional Information: As BAL reported, the European Council announced a general approach had been reached on a regulation that would allow member states to gradually introduce the EES system over a period of six months. Once the regulation on the progressive start of operations of the EES is adopted and the remaining member states declare readiness, the commission will decide on the specific date of the progressive start of the EES, guided by the timeline endorsed by the Home Affairs ministers. BAL will continue to monitor developments and will provide more information as it becomes available.
For more information, check out BAL’s in-depth breakdown of these significant travel systems as well as our expert analysis reviewing the growing digital trend in immigration and the two separate but interconnected systems that will soon have a tremendous impact on non-EU citizens traveling to most EU countries.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The European Council announced a general approach has been reached on a regulation that would allow member states to gradually introduce the Entry/Exit System (EES) system over a period of six months.
Additional Information: The announcement from the council states that an established position for the progressive launch of a new digital border management system had been reached. Poland is the country currently holding the EU Council’s rotating presidency, and negotiations with the European Parliament for a final agreement on the amended law are still in process. Once adopted, the EES Regulation will enter into force, allowing member states and eu-LISA to prepare for the progressive start of operations.
The EES has been delayed several times. Officials stated the European Union will announce the start date of the EES several months prior to its launch. BAL will continue to monitor developments and will provide more information as it becomes available.
The European Council agreed to lift land border controls in Bulgaria and Romania, paving the way for the two countries to fully join Europe’s Schengen area.
Background: The Schengen area will now cover 29 countries (25 of the 27 member states, as well as Iceland, Liechtenstein, Norway and Switzerland) and grow to 4.5 million square kilometers with a population of 450 million people. The Schengen area is the largest free travel area in the world.
BAL Analysis: The Schengen area is an important component of the EU’s legal framework, and an enlarged Schengen area should spur economic growth and increase travel opportunities. The full integration into Europe’s ID-check-free travel zone should also be significantly positive for Bulgarian and Romanian nationals, who will now have additional access to the world’s largest free travel zone.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The European Commission proposed a progressive start of operations for the new digital border Entry/Exit System (EES).
Additional Information: The proposal allows EU member states to progressively benefit from advantages and capabilities of the system, while border authorities and the transportation industry have more time to adjust to the new procedures.
BAL Analysis: The proposal will now be submitted to the European Parliament and the Council. Once adopted, the EES Regulation will enter into force, allowing member states and eu-LISA to prepare for the progressive start of operations.
The EES has been delayed several times. It is intended to more easily identify travelers who have stayed in the EU longer than allowed, who do not have the right to enter the EU or who are involved in criminal or terrorist activity. The EU hopes to modernize border control and replace passport stamping with a digital record linking passports to biometric data.
The European Commission announced the implementation date for the Entry/Exit System (EES) will be further delayed.
What is it?
The EES is an automated IT system for registering non-EU nationals (those who do not hold the nationality of any European Union country or the nationality of Iceland, Liechtenstein, Norway or Switzerland) traveling for a short stay each time they cross the external borders of any of the following European countries using the system:
The EES applies to non-EU nationals who are traveling for a short stay to any of the European countries above who either possess a short-stay visa or do not need a visa to stay for a maximum of 90 days in any 180-day period.
What does it do?
The system will collect travel document data and other personal data and register it electronically in the system, facilitating border crossing. The EES collects, records and stores data listed in travel documents, dates and places of each entry and exit, facial image and fingerprints (“biometric data”) and any history of refused entry. The biometric identifiers that the EES stores are dependent on whether an individual needs a short-stay visa.
The EES is designed to replace passport stamping and requires travelers to have biometric data recorded upon entry. Registration is completed at the external border of any of the 29 European countries using the system, including the 27 Schengen countries and Bulgaria and Romania, which are both in the process of officially joining the Schengen area.
To whom does the EES apply/not apply?
Exemptions to registration in the EES do apply, and more information can be found here. The EES will not affect people traveling within the Schengen area; it only applies to third-country nationals as they enter the area.
When the new EES is implemented, non-EU nationals, including United Kingdom citizens, will need to register biometric data rather than entering via a stamped passport. All foreign travelers entering the Schengen area for short stays, whether they are eligible for visa-free travel or not, will be required to provide their biometric data. The EES will apply at airports, ports, road borders, train stations and all external EU borders. The EES does not apply to nationals of the European countries using the EES, as well as Cyprus and Ireland.
Are biometric passports now required?
Biometric and non-biometric passports are accepted for traveling in the European countries using the EES if valid and if all other entry conditions are fulfilled. Biometric passports will only be required for individuals who wish to use automated ways to cross the borders (“self-service systems”). European countries using the EES have the discretion to further automate their processes in the future for this purpose.
Additional Information: The implementation of the EES will be in tandem with the requirement to register for the European Travel Information and Authorization System (ETIAS) visa waiver scheme, which the EU says will be introduced in the first half of 2025. ETIAS will concern visa-exempt non-EU nationals and will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area. ETIAS will contain information dealing with travel authorizations for non-EU nationals traveling visa-free to the 30 European countries implementing ETIAS.
BAL Analysis: Facial image and fingerprint collection at EU borders will not be required beginning Nov. 10. The EES has been delayed several times but is intended to more easily identify travelers who have stayed in the EU longer than allowed, who do not have the right to enter the EU or who are involved in criminal or terrorist activity. The EU hopes to modernize border control and replace passport stamping with a digital record linking passports to biometric data.
EU Commissioner Ylva Johansson announced the official commencement date for the Entry/Exit System (EES) is Nov. 10, 2024.
Background: EES differs from the European Travel Information and Authorization System (ETIAS), which will require travelers from the 63 countries currently approved to travel into the EU visa-free to register for a visa waiver before arriving in the Schengen area. The registration will cost €7 (free for travelers under 18 or over 70) and will last three years. ETIAS is expected to launch in 2025.
BAL Analysis: EES is intended to more easily identify travelers who have stayed in the EU longer than allowed, who do not have the right to enter the EU or who are involved in criminal or terrorist activity. It will not affect people traveling within the Schengen area; it only applies to third-country nationals as they enter the area.
The European Council announced an extension of the temporary protection for Ukrainian refugees until March 4, 2026.
Additional Information: Temporary protection is an EU emergency mechanism which was originally adopted in 2001 and is designed to provide immediate protection to a large group of displaced persons who arrive in the EU and are not in a position to return to their country of origin. The actual level of assistance varies within each individual member state, but the EU temporary protection law sets a minimum standard of protection that aims to alleviate pressure on national asylum systems and provide refugees the same rights across the EU.
BAL Analysis: Member states will adopt implementation acts according to their national procedures to formalize the directive extension. The European Council has extended the temporary protection to provide continued support and stability for Ukrainians who have sought refuge in Europe amid the ongoing conflict.
The European Commission has announced a 12% global increase to the short-stay Schengen visa fees, effective June 11.
Additional Information: Under the EU visa code, countries in the Schengen area are authorized to modify visa fees every three years. In 2020, the price of an adult Schengen visa was increased from 60 euros to 80 euros.
BAL Analysis: The European Commission has stated that the increase is designed to align with the rising costs associated with processing visas, which include background checks, data processing and maintaining secure entry systems.
The European Commission adopted updated rules on Schengen visas for nationals of Bahrain, India, Oman and Saudi Arabia.
Background: The Schengen area consists of 29 European countries (25 EU states), and Schengen visas allow for free travel within the area for short stays of a maximum of 90 days within any 180-day period.
BAL Analysis: The updated visa code should provide easier access for nationals with an established travel history and the ability to obtain multi-year validity during which holders enjoy travel rights equivalent to visa-free nationals.
The European Council adopted a revision to the 2011 single-permit directive, paving the way for an improved single work and stay permit for non-EU nationals.
• The directive currently in place was designed to attract additional skills and talent to the EU to address shortcomings within the legal migration system. It provides an application process for EU countries to issue this single permit and establishes common rights for workers from third countries.
• The new revised law will shorten the application procedure for a permit to reside for the purpose of work in a member state’s territory and aims to strengthen the rights of third-country workers by allowing a change of employer and a limited period of unemployment.
• Member states have two years to transfer the directive into national law and will maintain the ability to decide which and how many third-country workers to admit to their labor market.
• The directive will enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
Background: The Single-Permit Directive is directed at non-EU nationals working in the EU and aims to create an environment where these individuals are treated equally regarding their working conditions, social security and tax benefits, and recognizing their unique qualifications. The Commission originally proposed an update to the current single-permit directive in 2022. The new agreement is part of the “skills and talent” package, which addresses shortcomings in legal migration policy and aims to attract greater foreign skilled talent.
BAL Analysis: The EU faces persistent labor shortages in a variety of sectors at all skill levels, and the updated regulation should boost international recruitment of talent. In addition, the updated rule provides third-country workers with more rights and equal treatment to EU workers to reduce labor exploitation.