Council establishes position for the progressive launch of a new digital border management system

The Council today set out a general approach on a Regulation that would allow Member States to gradually introduce, over a period of six months, the digital Entry/Exit System (EES) for border management. The Regulation allows Member States to start taking advantage of the system and gives border authorities and the transport sector more time to adapt to the new procedures.

I am very pleased that during the Polish Presidency of the EU Council, which focused on security issues, it was possible to make such significant progress in the control and protection of our external borders. On the one hand, the solution adopted is flexible and, on the other, it guarantees the security of migration movements.

Tomasz Siemoniak, Minister of the Interior and Public Administration of Poland

The SES is a computerised system that will digitally record the entries and exits, passport data, fingerprints and facial image of third-country nationals travelling for short stays to an EU Member State.

Progressive entry into operation

During the phased roll-out, Member States will gradually start using the EES and will work towards a minimum registration of 10% of border crossings within the first month. For the first 60 days, Member States will be able to use the EES without biometric functionalities. After three months, Member States will have to use it – with biometric functionalities – at least at half of their border crossing points. EU countries must achieve full registration of all persons before the end of the phased-in period for the EES.

Until the end of this transitional period, Member States will continue to stamp travel documents manually.

The Regulation does not set a date for the gradual implementation of the system. This will require a specific decision by the European Commission once the Regulation has entered into force.

Flexibility for Member States

The Regulation takes into account the different needs of Member States. It allows those who decide to do so to implement it gradually, while others can start using the system fully from day one.

Main elements of the Council Decision

The Council underlined the importance of confirming, monitoring and addressing any performance issues with the EES central system. It makes explicit reference to the role of the eu-LISA governing bodies in this context. A stable EES central system is an important prerequisite for Member States to fully implement the Entry/Exit System before the end of the transition period.

For this reason too, Member States have emphasised in their position that the EES implementation plan, to be provided by eu-LISA, should confirm the performance and availability targets of the Central System and contain a strategy to address possible defects.

This general approach forms the basis for negotiations with the European Parliament, which is still in the process of establishing its position. The two co-legislators must reach a common position before the Regulation can be formally adopted.

Context

In October 2023, the Justice and Home Affairs Council endorsed plans to launch the EES by the end of 2024. As that deadline could not be met, and due to concerns that the full operationalisation of the system could constitute a risk factor for the resilience of the IT system, the Commission proposed a gradual start.

As the SES Regulation requires all Member States to start using the system fully and simultaneously, a new Regulation was necessary to enable the gradual start-up.

Once operational, the EES will allow the collection of biometric data, such as facial image and fingerprints, from third-country nationals crossing the EU’s external borders. It will give EU Member States real-time access to third-country nationals’ personal data, travel history and information on whether they are exceeding their authorised period of stay in the Schengen area. As a result, the EES will significantly reduce the likelihood of identity theft and overstay, thus strengthening the security of the Schengen area.

More information European Council.