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EES & ETIAS and what this means for the travel market

The EES system for Schengen travel is now fully operational. Learn about biometric data collection, entry limits, and what it means for your trips.

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As most of our readers will be aware the EES system (European Entry System) went into operation in October last year for all Schengen countries. There are 29 countries who have signed up for both EES and ETIAS (European Travel and Information Authorisation System). Not all the countries are in the EU (such as Norway) or are in Schengen (Ireland). 

The purpose of the EES system is to register the entry and exit date for each traveller at each destination visited. EES collects biometric data including fingerprints and facial scans and electronically stores it. No fees are applied to the traveller, and it applies to all individuals regardless as to whether the traveller has a visa or not. By April 2025 EES will be completely electronic and there will be no stamping of passports. 

EES does not apply to nationals of the European countries using EES, as well as Cyprus and Ireland. It will also not apply to non-European nationals who hold a residency card. 

Frequent travellers to the Schengen area for work or leisure must ensure their stay is no more than 90 days in every 180. Each state will have their own enforcement procedure for breaches of the 90-day limit.  

What does this mean for the travel market?

Longer queues at passport control to enter any Schengen country for the first time seem likely. EES often involves detailed questioning and all travellers, including infants, must complete both facial and fingerprint scanning (for under 12s fingerprints are not required). The data is stored for three years which should speed up any further entry and exits for those already registered. Travel agents and tour operators may want to remind travellers of the potential delays at destination airports to manage expectations and consumer satisfaction. 

In addition to EES, ETIAS is due to come into force at the end of this year. Whilst no firm date has been set it is likely to begin to operate in October 2026.

ETIAS is like a visa system, but it is not classed as such. It will carry a €20 fee and is valid for three years. Under 18’s and over 70’s will not have to pay the fee but must still apply. ETIAS is linked to specific passports so if a passport expires, ETIAS must be reapplied for and a fee paid. 

According to the provider it will be straightforward to apply for an ETIAS online or via mobile app and authorisation may take just a few minutes. Despite the promised speed of the service, it is still recommended that the application is made before booking accommodation and travel as a traveller will not be allowed entry without a valid ETIAS. 

Whilst most applications will be authorised in minutes some may take up to 30 days and the traveller could be invited to an interview, either in person, or online depending on how far the individual lives from the nearest embassy or consulate. Refusal can be appealed to the member state which has rejected the application. 

There are some exceptions, which include residents of Ireland or Cyprus, for those who have a residency document or a withdrawal agreement. Otherwise, every single person travelling, including children, will need an ETIAS. 

Group applications will not be accepted, even for centrally organised excursions like school trips, and every traveller must have their own induvial ETIAS. The ETIAS must be valid for the entire stay in the Schengen region, and individuals must have more than three months left on their passport and no more than 10 years. 

For those driving the ETIAS will be checked at the relevant national border, and they will not be permitted entry without it. On trains, such as Eurostar, and cruises travellers will not be permitted to board unless they have the required documents.   

Once ETIAS comes into force it will have a staged implementation. The first six months will include a six month grace period. If an individual enters a Schengen country without a ETIAS they will still be permitted entry. After the first six months there will then be a further six month transitional period where travellers may be allowed to enter a country once without an ETIAS, but any further travel will lead to refused entry. After 12 months ETIAS will be fully enforced with each state applying their own conditions for entry and exit. 

UK nationals visiting the Schengen area will need an ETIAS and travel will be only permitted for up to 90 days. Any dual passport travellers must use their EU passport for travel and will not be permitted to apply for an ETIAS and should ensure the correct passport is used for the trip.

What is the potential impact on the travel market? As travel agents and tour operators can apply on behalf of individuals the question will be whether they incorporate the application and the fees into the booking process to ensure guaranteed travel for their customers. Alternatively, operators may consider implementing processes to point customers to the application process to ensure that they obtain the correct documents for travel. Potentially, it could add value for those that incorporate the application and fees into the booking process compared to those that don’t. However, there is a risk of administrative and financial headaches if an ETIAS is refused after booking is completed. In addition, both the travel agent/tour operator would need to obtain a declaration of representation to complete this process, and this could be difficult in the context of online bookings.  

Carriers will also need to ensure that their non-EU passengers have a valid ETIAS and that verification is completed at least 48 hours before departure. All travel agents that transport passengers, must register as a carrier. 

On a final note, for all travellers, suppliers, travel agents and tour operators there already are over 150 fake sites up and running. This creates the obvious risks of fraud, overpayment and much more. Use only trustworthy intermediaries. The official ETIAS website caters for 24 different languages and there is additional help to fill out applications in Japanese, Korean and Arabic. 

More information is available direct from the Frontex assistance centre, offering 24/7 support for both travellers and carriers or www.frontex.europa.eu

For more information on EES and ETIAS, contact our travel solicitors.

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