Changes from report parliamentary committee draft to plenary report

Introduction

The Entry/Exit System (EES), provided for under Regulation 2017/2226 (the ‘EES Regulation’), is a key component of the border management of the Schengen area. The EES registers entries, exits and refusals of entry of third-country nationals crossing the external borders of the 29 Schengen Member States for a short stay in its centralised database. It is an important step in the EU’s efforts to enhance security and efficiency at its external borders. For the first time, a system will collect biometric data, namely facial images and fingerprints, in addition to alphanumeric data, of third country nationals crossing the external borders. The EES will grant Schengen Member States real-time access to third-country nationals’ personal data, travel history and information on whether they comply with the authorised short-stay period in the Schengen area. As a result, the EES should reduce the likelihood of identity fraud and overstay, ultimately strengthening the security of the Schengen area. As a result of the installation of automated border infrastructure, the EES should also ultimately reduce waiting times for bona fide travellers at border crossing points.

The development of the EES has taken longer than expected and target dates for the start of operations have been missed. One of the requirements for the start of operations of the EES is that the Commission receive a ‘notification of readiness’ from each Member State. Currently, three Member States have indicated that they are not in a position to submit such a notification. Their delay is due to a combination of domestic issues and concerns about the stability of the central system managed by eu-LISA.

In light of the above, various stakeholders involved in the operations of the EES considered that the agreed introduction of new processes at the external borders should be preceded by a period of adjustment for national authorities and travellers. Fully launching a new large-scale IT system at all border crossing points could pose risks to secure and smooth travel.

However, the EES Regulation only allows for a full start of operations, requiring all Member States to start using the EES fully and simultaneously for all travellers who are subject to registration in the EES at all their external border crossing points. It does not foresee the option of a period of adjustment.

In this context, in December 2024, the Commission presented a proposal as regards the progressive start of operations of the EES. The gradual start of the system would see an increased use by the Member States over a period of 180 days until full roll-out.

The rapporteur’s position

The rapporteur supports the EES and its aims of improving security and facilitating people flows at the EU’s external borders. The need for reinforced border security was made clear by the horrific wave of terrorist attacks in EU Member States, including in France and Belgium, in 2015 and 2016. Whilst understanding the difficulty of setting up a major new system comprising new hardware and software components as well as the modification of procedures at border crossing points, the rapporteur regrets that eight years after the adoption of the Regulation, the system is still not operational. Since 2017, security threats have not reduced: on the contrary. In order to finally allow the full roll-out of the EES, the rapporteur in principle agrees with the proposed progressive start of operations.

The rapporteur proposes the following changes to the Commission proposal:

1. The rapporteur emphasises that the progressive roll-out of the EES during the 180-day period of the progressive start of operations is voluntary. Member States that decide to start using the EES fully for all third-country nationals subject to registration in the EES from day one at all their border crossing points simultaneously should be able to do so.

2. Having said that, Member States that instead decide to use a gradual roll-out of the EES should be allowed more flexibility than foreseen in the Commission proposal. Instead of starting from at least 10 % from day one, Member States should be allowed to build up to 10 % in the first 30 days of the progressive start of operations. And instead of registering at least 50 % of the estimated number of border crossings in the EES by day 90, they should reach at least 35 %. These adjusted percentages reflect the reality that the roll-out of new complex systems is normally exponential, not linear.

3. The rapporteur underlines that the roll-out of the Member States should no longer be held back by limitations at the central component of the EES, managed by eu-LISA.

4. The rapporteur clarifies certain provisions regarding the roll-out plan and monthly reporting requirements, the base on which the percentages are calculated and information flows during any possible suspension of the system’s use

5. The rapporteur reduces the proposed period after the progressive start of operations during which Member States can partially suspend operating the EES and emphasises that the Member States who have not yet issued their declarations of readiness must now urgently do this in order to allow the system to start in the autumn of 2025 – a low period for cross-border travel.