The Official website, UK/GOV (Living in Spain page) has announced that the new EU entry and exits system (EES) will be launched on October 6, 2024, and advises those with Green Certificates, who are exempt from the system, to apply for a TIE to avoid problems and delays at passport controls.
The system was due to be launched in 2022 but was rescheduled to facilitate France´s request that implementation began after the 2024 Paris Olympics.
In recent months, incorrect information about EES has been circulating in many countries. This information has been relayed by websites that look legitimate, but which are not the official ETIAS website. The only address you should consult for information is https://travel-europe.europa.eu/etias_en .
To be exempt from registering with the EU’s Entry Exit Scheme British residents in the EU will be required to show a uniform-format biometric card which is listed as a residency document under the Withdrawal Agreement. For residents of Spain, that card is the TIE. It is expected that Green Certificate holders may face significant delays and difficulties at borders if they do not have a TIE.
The EU Official website states:
“The Entry/Exit System (EES) is an automated IT system for registering non-EU nationals travelling for a short stay, each time they cross the external borders of European countries using the system This concerns travellers who require a short-stay visa and those who do not need a visa. Refusals of entry are also recorded in the system.
The main advantage of the EES is saving time. The EES replaces passport stamping and automates border control procedures, making travelling to European countries using the EES more efficient for the traveller.
The EES also makes it easier to identify travellers who have no right to enter or who have stayed in the European countries using the EES for too long. It makes it easier to detect travellers using fake identities or passports. Finally, the EES helps to prevent, detect and investigate terrorist offences or other serious criminal offences.
The EES applies to you if you are a non-EU national travelling to a European country using the EES for a short stay of up to 90 days within any 180 day period. It is important to remember that the period of 90 days in any 180 days is calculated as a single period for all European countries using the EES.
All countries in the EU, except Ireland and Cyprus which will continue to stamp passports manually, will use the system.
The EES collects personal data provided by the traveller each time he or she reaches the borders of European countries using the EES and stores this information in the system together with the date and time of their entry or exit.
This makes border checks faster. It also makes it easier to identify travellers who have no right to enter, who have stayed in European countries using the EES for too long, or who are using fake identities or passports. The EES also collects and stores personal data to contribute to prevention, detection and investigation of terrorist offences and other serious crimes.
If you are a non-EU national travelling for a short stay (maximum 90 days in any 180-day period) to a European country using the EES, you will be provided with clear information in writing about the EES and your related rights at the border-crossing point.
Your data is collected and processed for the purposes of border management, preventing irregular immigration and facilitating the management of migration flows. This is required in accordance with Regulation (EU) 2017/2226, specifically Articles 14, 16 to 19 and 23 of Chapter II and Chapter III of the Regulation.
The EES collects and records: data listed in your travel document (e.g. full name, date of birth, etc.)ate and place of entry into and exit from a European country using the EES facial image and fingerprints (called ‘biometric data’) and refusal of entry, where relevant”
If you stay for longer than permitted, you will be identified as an ‘overstayer’ and your data will automatically be added to a list. Competent national authorities (passport control officers, immigration officers, staff issuing visas, etc.) can access this list.
If you are added to the list of overstayers, other consequences can apply depending on national legislation in place in the respective European country using EES (e.g. you may be removed from the territory; you may be subject to administrative fines or detention; you may be prevented from re-entering the EU in the future.)
If, as an overstayer, you provide credible evidence to the competent authorities, such as border authorities or immigration authorities, that you exceeded the authorised duration due to unforeseeable or mitigating circumstances (e.g. hospitalisation due to a serious injury), your data can be amended in the system and you can be removed from the list.
Editors Note: If you refuse to have your fingerprints scanned or a photo taken of your face as a non-EU national travelling for a short stay, you will be denied entry into the territory of European countries using EES.
The full details of the treatment of your data and your rights are also listed on the EU official website.
Go to the EU official site (cited above) for accurate information and beware of rogue sites giving dubious information. The EU Site has comprehensive information and Gov.UK has a concise report advising those with green certificates to apply for a TIE.
If anything changes before October 2024, which given the history of delays and differing launch dates it might, Nexonr will endeavour to keep readers updated. There are also other reliable sites which may have access to the information before we do. Recommended sites are those mentioned in this article and CAB Spain.
