The EU Entry/Exit System (EES) was launched on 12 October – a new system designed to modernise and secure the management of the external borders of the Schengen Area. No longer will manual stamping of passport be required, as a centralised IT system will instead be used to register all third-country nationals.
The mechanics and purpose of EES
The primary objectives of the EES are to enhance border security, improve efficiency, and ensure compliance of the short-stay rule. Travellers are required to register their identity and travel document data, along with biometric identifiers – specifically a facial image and four fingerprints.
This biometric registration occurs upon the traveller’s first entry into the Schengen zone since the implementation of the system. Subsequent entries and exits will utilise this stored data. Crucially, the system automatically calculates the length of stay, instantaneously flagging travellers who have overstayed their authorised period. For third-country nationals, this means the responsibility for monitoring the 90/180-day rule shifts from manual passport checks to automated – precise digital surveillance.
The implementation of EES is expected to create temporary bottlenecks at major air, sea, and land borders during the initial transition phase, as travellers undergo the necessary biometric enrolment. However, once established, the system is projected to streamline border checks for frequent travellers.
Impact on third-country nationals
For third-country nationals generally, the EES represents a significant change in the border experience. The key impacts include:
- Biometric Enrolment: a requirement that did not exist previously for visa-exempt individuals.
- Strict Adherence to the 90/180-Day Rule: Overstays will be immediately recorded, potentially leading to entry bans or fines upon future travel attempts.
- Data Retention: Personal and travel data will be retained in the central system for three years after the last exit date, or five years in the case of an overstay.
Specific considerations for HKSAR and BNO passport holders
Holders of Hong Kong Special Administrative Region (HKSAR) passports and British National (Overseas) (BNO) passports currently benefit from visa-exempt status for short stays in the Schengen Area. The EES implementation does not change this visa-exempt status.
However, these travellers are now fully subject to the new EES procedures. This means that HKSAR and BNO passport holders must submit to biometric registration upon their first entry under the new system. Their entries and exits are digitally recorded and tracked against the 90/180-day short-stay limit. These travellers must be prepared for the initial enrolment process and ensure strict compliance with the duration of stay rules, as the automated system will rigorously enforce these limits.
Data Protection and privacy safeguards
The implementation of the EES, which involves the mandatory collection of biometric data and extensive personal information, raises significant data protection concerns. The EU legislation establishing the EES mandates strict adherence to EU data protection principles, particularly those outlined in the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED). The system is managed by the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), which is responsible for ensuring the security and integrity of the data.
Access to the stored data is strictly limited to authorised border control authorities and – under specific conditions – designated law enforcement agencies for the prevention, detection, or investigation of serious criminal offenses and terrorism. Personal data will be retained only for three to five years before being automatically erased.
The road to ETIAS in 2026
The Entry/Exit System (EES) is the foundational step in the EU’s strategy to digitise and secure its external borders. However, it is not the final measure.
The next major change affecting visa-exempt third-country nationals (including HKSAR and BNO passport holders) will be the implementation of the European Travel Information and Authorisation System (ETIAS) – projected to be operational by late 2026.
While the EES tracks when and where a traveller enters and exits, ETIAS requires visa-exempt travellers to obtain a pre-travel authorisation before their journey. This authorisation, which is similar to the UK ETA or the US ESTA, will involve an online application and a fee prior to departure. The ETIAS authorisation will be valid for three years or until passport expiry, whichever comes first. Travelers must understand that EES and ETIAS are separate but complementary systems. EES monitors the stay upon arrival, while ETIAS controls the authorisation to travel in the first place.
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This article is for information purposes only. Its contents do not constitute legal advice and readers should not regard this article as a substitute for detailed advice in individual instances.
