Traveling to Europe? What You Need to Know About New EES and ETIAS

Grace Shie: Welcome to The Inside Track. My name is Grace Shie and I lead Mayer Brown's Global Mobility Practice from Washington, D.C. After several episodes featuring the changing immigration landscape here in the United States, today we turn to changes taking place in Europe. And for that conversation, I am joined by my colleague, James Perrott from Mayer Brown's London office. James leads our UK immigration and European mobility practice. Welcome, James.

James Perrott: Thank you, Grace. I'm very happy to be here.

Grace Shie: So let's talk about international travel into the European Union. This is a hot topic right now because of the introduction of the new European Union Entry and Exit System, otherwise known as EES. You and I both know that clients have been asking about this because it's been long talked about for a number of years and is only just now being launched.

James Perrott: That's right, Grace. Yeah, it's due to come in for some time now. It was first scheduled for way back in 2022, then May 23, then late 2023, then late 2024. But now then the European Commission finally announced that it will be launched on the 12th of October 2025. So it is now in place. It's not due to be fully implemented immediately. It's going to be rolled out over a period. So there's going to be a phased introduction which is due to be completed by the 10th of April 2026.

Grace Shie: Okay, so that sounds like quite the timeline. Let's talk about what is the EU entry and exit system.

James Perrott: So essentially it's a system for officially recording each international travel's arrival into an exit from the European Union countries, more specifically the Schengen area countries. Travelers will be required to register their biometric details, which will include their fingerprints, a photo and a scan of their passport on arrival and on departure from the Schengen area. It's important to note this is not being implemented in all European countries, as I mentioned before. Only those who are part of the Schengen area. So for example those who are traveling to Ireland will not have to register for the EES.

Grace Shie: Alright, so I heard you say Schengen area. Let's make sure we help our listeners understand and to understand the difference between the Schengen area and the European Union.

James Perrott: Yep, so the Schengen area is essentially, it's a system of open borders that encompass 29 European countries that have officially abolished all internal border controls at their common borders. Now, the 29 countries are made up of the 25 of the 27 EU countries. So Ireland and Cyprus, although part of the EU are not part of the Schengen area and have separate arrangements, plus all members of the European Free Trade Association, which are Iceland, Liechtenstein, Norway, and Switzerland.

So what this Schengen area allows individuals to do, travelers to do who are not European nationals, if they require a visa to visit any of the countries within the Schengen area, they are able to obtain a single visitor visa, which allows them to travel free to all of the members of the Schengen area. It's important to know that if a traveler wishes to work in any of the Schengen member states, they will need to apply for appropriate work permission for that specific member state.

So in other words, they will have to apply to the immigration requirements for the member state where they want to work. There is no Schengen-wide work permit which allows an individual to work in all Schengen member states.

Grace Shie: Okay, so thank you for that explanation. Now that implementation of the entry and exit system has started, as you explained, what do travelers going into the Schengen area need to do before they embark on the trip? For example, a US citizen who is about to exit the United States for travel to France.

James Perrott: Well, actually the short answer is nothing. There's nothing that anyone needs to do before they travel to the Schengen area. When they do travel to the Schengen area on their first entry, they will simply need to register under the system when they first arrive or leave the Schengen area. So if they happen to be in the Schengen area at the moment, now the system's come in place. If they need to leave the Schengen area, they may be required to register on exit. This will involve them having their passport scanned and their fingerprints and photograph taken. What's important to note is that there is no cost for this registration.

Grace Shie: And is this new system effective for all ports of entry into the Schengen area, whether that be France or Germany or any other Schengen country?

James Perrott: No, as I said before, it's a phased introduction. So not all ports of entry to the Schengen area will have the ability to register travelers immediately. So if someone enters the Schengen area through a port of entry where the exit and entry system has not been implemented and therefore does not have to register, but then exits through one area, one port which does have the ability to register, they will need to register on exit.

It's always important to check these days whether there's an app involved in any of this and there is an app out there. It's called the EU Travel to Europe app, which allows travelers to pre-register their passport data and facial image before reaching a border crossing point where the EES is in use. And it's designed to make the border crossing smoother, more efficient. However, as of today, it can only be used for those entering the Schengen area or exiting the Schengen area via Sweden.

Other countries may adopt the app in the future, but there's no timeline for that at the moment.

Grace Shie: So you mentioned data. Let's talk about the type of data that this entry and exit system will collect. You've mentioned fingerprints and a photo so far.

James Perrott: Yes, so the EES will collect, record and store a number of data points. Firstly, all data listed in travelers passport, their full name, their date of birth, the expiry date and the issue date of the passport, the passport space of it to issue all of those data points. It will also register the date and place of each entry and exit from the Schengen area. It will take the person's facial images, so photograph and the fingerprints we've mentioned before. It will also record whether the entry to the Schengen area has ever been refused. So it will pick up that data as well. Once a traveler has registered under the system, their registration will be valid for three years or the expiry date of their current passport, whichever is sooner, at which point they will need to re-register.

Grace Shie: Will this requirement to register under the EES, will that result in longer wait times at Schengen Borders?

James Perrott: Yes, and this is essentially what a lot of the publicity about the EES has been highlighting. Travelers into the Schengen area are warned to expect delays, especially during the initial implementation period. The EU is advising that the registration will only take a few minutes, but will obviously be longer than the current checks which are taking place at border. Once individual is registered on the system, when they leave the Schengen area and when they subsequently re-enter, Travelers will only need to scan their passport and provide their fingerprints and a photograph at the border. Once the system is fully implemented, it will replace the manual stamping of passports on arrival and departure from the EU. But until that time, passports will still be stamped with dates of entry and departure at those ports where the system has yet to be introduced.

Grace Shie: Well, with all that you've described and the system that is being implemented, that begs the question of why this new system is being introduced now.

James Perrott: Well, essentially it's being designed to improve EU board security and reduce illegal migration into the Schengen area. It will automate border crossing checks and help the EU stop visitors from overstaying. Essentially, one of the most important things it will do is it will be used to track travel compliance with what is called the 90-day rule. And the 90-day rule is that those who are entering the Schengen area as visitors can only spend up to a maximum of 90 days within any continuous 180-day period. And if they breach that amount, it's a cumulative amount. So therefore, it's not in one single visit, it's cumulative over the 180 day period. So it's important that travelers are aware of that because if they do breach it, then that can have serious consequences.

Grace Shie: So then it'll have this effect that the EES, this new system, it'll electronically store this data and then track the movement, the entry and exit of travelers. Is that right? Okay. So surely there are certain travelers or traveler profiles that are not required to register under the system. Can you describe those categories?

James Perrott: Yes, that's exactly right. Yep, so nationals of the countries which are implementing the EES, which are all the EU countries, which are part of the Schengen era, they will not have to register. So the EES will not apply to a French citizen entering Germany, for example. This also includes dual citizens. So for example, if someone is a citizen of the US and France, they will not have to register provided they're entering the Schengen era using their French passport. Even though they're not members of the Schengen era, actually citizens of Ireland or Cyprus will also not have to register.

And also anyone who holds residence permits or long stay visas for any Schengen countries will not have to register. So that's people who've got work permits to work in a certain country, they won't have to register. And also nationals of Andorra, Monaco, San Marino, and all those passport holders of the Vatican City State or the Holy See will not have to register.

Grace Shie: Quite the list.

James Perrott: And also for those who haven't got passports of the European Union, sort of those associated countries, certain exemptions will apply to those who are not subject to border checks, such as accredited diplomats, cross border workers, and members of non-EU armed forces who are traveling on NATO business.

Grace Shie: So those are the multiple categories of individuals, traveler profiles who are not subject to the system. So now let's talk about those who are subject to this new registration requirement. Which categories are those?

James Perrott: Well, essentially it's all other non-EU nationals. So including those who are required to obtain a Schengen visa prior to travelling to the Schengen area as a visitor, they will all be required to register. So even if you have a Schengen visa, you will still need to register under the system. But for non-visa nationals, so for example, US citizens and even UK citizens who travel to the Schengen area, they will be required to register under the EES.

Grace Shie: Okay, so turning to compliance, you've shared that one of the reasons the new entry and exit system is being implemented is to monitor traveler compliance with this 90 day travel rule, the cumulative travel rule. If a traveler were to breach that rule, meaning they overstay in the Schengen area, what are the potential penalties?

James Perrott: So if a traveler were to exceed that limit, the consequences actually depend on the national legislation of the country where using the EES where the breach was identified. And these, so it depends on the local legislation, but these could include removal from the territory, administrative fines, detention, so imprisonment, or, and the big one really is being prevented from entering the EU in the future for a certain period, which can be up to a maximum of five years.

It is therefore really crucial for travelers to track the number of days they spend in the Schengen area as a visitor. This can be done using various apps or web calculators. The European Union even has its own one that you can use. Although interestingly, it's apparently possible if you come up to a Schengen border to ask the border officer there to tell you how many days you have spent in the EU, because they can look up your details on the EES and they should be able to tell you how many days you have spent in the Schengen area.

Grace Shie: That's helpful. So how is all of this, the EES system that you've described, how is that related to what I also understand is the planned introduction of the European Travel Information and Authorization System. That is a mouthful. The ETIAS.

James Perrott: So yes, so the ETIAS, which is the EU's version of the travel authorized systems, which are used by many countries at the moment, is due to be due to come into force in 2026.

Grace Shie: That's right. The US, for example, uses the ESTA, E-S-T-A system.

James Perrott: Yeah, exactly. And the UK has recently introduced the electronic travel authorization system as well. Now, all of these various electronic systems are for individuals who do not need visas to enter the country that they are traveling to and are entering as visitors. Though travelers who are required to obtain an electronic travel authorization are required to obtain the required authorization before they travel to the appropriate country.

So unlike under the EES, when you're only required to register when you get there for one of these electronic travel authorizations, you must do that in advance.

Grace Shie: So it's pretty recommended to travel.

James Perrott: Yes, exactly. The authorization simply provides permission to travel, it is not a visa. So travelers may therefore still be scrutinized on arrival and could be denied entry if they do not meet the applicable visitor requirements.

If an application for travel authorization is refused, the individual would then have to apply for a visitor visa prior to travelling to the relevant country.

Grace Shie: Okay, so how is this ETS system different from the Entry and Exit system that we started the conversation with?

James Perrott: Exactly, and lots of people ask this question. Once ETIAS is introduced, which is currently scheduled for, as I the last quarter of 2026, which is therefore after the EES is due to be fully implemented, non-EU nationals who do not require visas to travel to the Schengen area as visitors will need to apply for authorization under ETIAS before travelling. Now the new EES will work hand in hand with ETIAS.

So ETIAS will pre-screen the travelers, so before they travel to the Schengen area, while the EES will digitally record when the travel crosses the border. So consequently, both systems will apply and they will work concurrently.

Grace Shie: I see. So they're working hand in hand.

James Perrott: Exactly.

Grace Shie: Okay. So this sounds like a significant change being introduced by the European Union to govern the flow of international travelers. It's not just one system being introduced, it's two. It's both a pre-travel system, pre-travel check, as well as an arrival and exit system. So given these changes that are being phased, there's a phased introduction. What are your top takeaways then to help prepare travelers for these multiple changes?

James Perrott: So essentially there's two main takeaways for this. One of which that over the next few months, it may take longer to enter the Schengen area. This will be due to the traveler’s having to register themselves on the system and obviously potentially having to wait while other travelers register themselves with border officers when they arrive in the Schengen areas. So therefore travelers should take that into account when they're making their travel plans. And secondly, it is more important than ever for travelers to ensure that they do not breach the 90 day rule.

We've seen clients get caught by this in the past, but previously it has to be said it was not monitored very closely. But this new system will make it far easier for border officers to identify potential breaches. So frequent travelers to Schengen area who enter as visitors should therefore closely monitor their day spent in the Schengen area to ensure that they do not exceed the 90 day limit as the consequences as we've mentioned before can be quite severe.

Grace Shie: Okay, so prepare for potential delay and monitor travel compliance. Okay, that's excellent. Well, that wraps up this segment of The Inside Track. Thank you for joining me today, James.

James Perrott: Thank you, been a pleasure to be here.