EES Regulation Aimed at Third-Country Nationals and Exemptions

Note. Entry on Noveber 10 delayed.

Update August 16 2024: Commissioner Johansson’s speech on the Entry/Exit System at eu-LISA.

Excerpt from his speech. Full speech in the pdf added below.

On the Entry/Exit System.

“Today I wanted to be here on the first day to welcome the Acting Executive Director Marili Männik. I am very grateful to have you here.

We had a very good talk today with you and also Luca Zampaglione who I would like to thank for having stepped in as acting ED in these circumstances.

I know that under this leadership, under Marili, you will deliver in time.

And after intense dialogues with Member States, with you, with the different stakeholders – I have decided that the Entry/Exit System will enter into operations on the 10th of November.

Different steps are legally required before the Commission could take the formal decision, but I am proud to reveal today that the 10th of November is the target day.

You designed this border management system. You built it and you will run it.

It’s been a lot of hard work. And I would like to recognise that. Difficult work. Pressure. Stress. Long hours. Sacrifices.

Many of you gave up holidays, to meet the final deadline. I would like to thank you very much for that.

I want you to be proud.

It’s been a marathon.

But the finishing line is in sight.

Now we’re getting ready for the final sprint.

The 10th of November.

That will be a great day.

Entry/Exit System Day

And eu-LISA, it will be your day.

Thank you on behalf of a grateful Europe”.

SPEECH_24_4286_EN

EES European Commission

This Regulation establishes an ‘Entry/Exit System’ (EES) for:

the recording and storage of the date, time and place of entry and exit of third–country nationals crossing the borders of the Member States at which the EES is operated;

the calculation of the duration of the authorised stay of such third-country nationals;

the generation of alerts to Member States when the authorised stay has expired; and the recording and storage of the date, time and place of refusal of entry of third-country nationals whose entry for a short stay has been refused, as well as the authority of the Member State which refused the entry and the reasons therefor.

This Regulation also lays down the conditions under which Member States’ designated authorities and Europol may obtain access to the EES for consultation.

For the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal

This Regulation applies to:

(a) third-country nationals admitted for a short stay to the territory of the Member States who are subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the borders at which the EES is operated; and

(b) third-country nationals, on entry to and exit from the territory of the Member States, who:
(i) are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and
(ii) do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Council Regulation (EC) No 1030/2002

This Regulation also applies to third-country nationals whose entry for a short stay to the territory of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.

This Regulation does not apply to:

third–country nationals who are members of the family of a Union citizen to whom Directive 2004/38/EC applies and who hold a residence card pursuant to that Directive, whether or not they accompany or join that Union citizen;

third-country nationals who are members of the family of a national of a third country, whether or not they accompany or join that national of a third country, where:

(i) That’s National of a third country enjoys the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and

(ii) those third-country nationals hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002;

(c) holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399 other than those covered by points (a) and (b) of this paragraph;

(d) third-country nationals exercising their right to mobility in accordance with Directive 2014/66/EU of the European Parliament and of the Council (1) or Directive (EU) 2016/801 of the European Parliament and of the Council (2);

(e) holders of long-stay visas;
(f) nationals of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican City State;

(g) persons or categories of persons exempt from border checks or benefiting from specific rules in relation to border checks as referred to in point (g) of Article 6a(3) of Regulation (EU) 2016/399;

(h) persons or categories of persons referred to in points (h), (i), (j) and (k) of Article 6a(3) of Regulation (EU) 2016/399.

4. The provisions of this Regulation regarding the calculation of the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who:

(a) are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and

(b) do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.

In addition, visa authorities of a Member State which does not yet apply the Schengen acquis in full but operates the EES shall consult the EES when examining national short-stay visa applications and adopting decisions relating to those applications, including decisions to annul, revoke or extend the period of validity of an issued national short-stay visa.

The above is taken from EUROPEAN PARLIAMENT 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. 2017.

The new system will also help bona fide third-country nationals to travel more easily while also identifying more efficiently over-stayers as well as cases of document and identity fraud. In addition to this, the system will enable to make a wider use of automated border control checks and self-service systems, which are quicker and more comfortable for the traveller.

For those interested in further information

Simplification of the ETIAS and for those exempt from holding the visa.

Border Control for residents of Spain and non EU family members, in draft format.

Previous Post on Third Country Nationals entering the Schengen area valid until EES comes into force

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.