Article 1 Subject matter
This Regulation lays down rules on the progressive start of operations of the Entry/Exit System (EES), established under Regulation (EU) 2017/2226, at the borders of the Member States at which the EES is operated in accordance with Article 4 of that Regulation and on temporary derogations from certain provisions of Regulations (EU) 2017/2226 and (EU) 2016/399.
Article 2 Definitions
For the purposes of this Regulation, the definitions in Article 3(1) of Regulation (EU) 2017/2226 apply. In addition, the following definitions apply: (1) ‘progressive start of operations of the EES’ means the period of 180 days starting from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226; (2) ‘national authorities’ means the authorities referred to in Article 9 of Regulation (EU) 2017/2226; (3) ‘estimated number of border crossings’ means a Member State’s estimate of the number of border crossings by third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 for that Member State based on the yearly average of the total number of border crossings at the borders referred to in Article 4 of Regulation (EU) 2017/2226 by third-country nationals travelling to that Member State for a short stay, calculated for the 2 calendar years preceding the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226.
Article 3 Roll-out plans and reporting
1. By 25 August 2025, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the European Parliament, the Council, the Commission and the Member States, as well as Europol, with a high-level roll-out plan for the progressive start of operations of the EES (the ‘eu-LISA high-level roll-out plan’), taking into account the thresholds and requirements set out in Article 4(2) to (5). That plan shall support the effective and continuous operation of the EES Central System by confirming performance and availability targets of the EES Central System, as well as the strategy regarding potential functional minor, major and blocking defects, shall indicate contingency procedures and shall provide guidance on the functioning of the EES Central System to the Member States and Europol. The eu-LISA high-level roll-out plan shall be adopted by eu-LISA’s Management Board. 2. By 24 September 2025, in consultation with the Commission and eu-LISA, each Member State shall develop a national roll-out plan for the progressive start of operations of the EES (the ‘national roll-out plan’), taking into account the eu-LISA high-level roll-out plan, and transmit that plan to the Commission. Where a Member State does not start operating the EES fully from the beginning of the progressive start of operations of the EES, its national roll-out plan shall specify how the thresholds and requirements set out in Article 4 are to be complied with. eu-LISA shall consider whether the national roll-out plans are technically consistent with the eu-LISA high-level roll-out plan and shall confirm that they do not contain any technical deficiencies which could further delay the start of operations of the EES. The Commission shall consider the overall coherence of all national roll-out plans and whether each national roll-out plan is compliant with the thresholds and requirements set out in Article 4. Where a Member State plans to start operating the EES or to use the biometric functionalities of the EES at a specific border crossing point, that Member State shall inform the operators of infrastructure hosting that border crossing point thereof. 3. From the 30th day from the first day of the progressive start of operations of the EES, Member States shall provide monthly reports to the European Parliament, the Council, the Commission and eu-LISA confirming the implementation of their national roll-out plans or identifying deviations and corrective measures where such were necessary to comply with the thresholds and requirements set out in Article 4. 4. The Commission shall facilitate the provision of concise national roll-out plans and monthly reports by the Member States. 5. At the request of the Commission, eu-LISA shall provide the Commission with the statistics necessary for the Commission to monitor the implementation of the eu-LISA high-level roll-out plan and the national roll-out plans, in accordance with Article 63(6) of Regulation (EU) 2017/2226. 6. Where necessary, the Commission shall, in consultation with the European Data Protection Supervisor, provide further practical guidance on the processing of personal data in the EES during the progressive start of operations of the EES.
Article 4 Progressive start of operations of the EES
1. By way of derogation from Article 66(6) of Regulation (EU) 2017/2226, during the progressive start of operations of the EES, the Member States shall use the EES as set out in paragraphs 2 to 6 of this Article. 2. From the first day of the progressive start of operations of the EES, each Member State shall start using the EES on entry and exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. By the 30th day from the first day of the progressive start of operations of the EES, each Member State shall register in the EES at least 10 % of the estimated number of border crossings for that Member State. During the first 60 days of the progressive start of operations of the EES, Member States may operate the EES without biometric functionalities, and national authorities may create or update individual files without biometric data. 3. By the 90th day from the first day of the progressive start of operations of the EES, each Member State shall operate the EES with biometric functionalities at at least half of its border crossing points. Each Member State shall register in the EES at least 35 % of the estimated number of border crossings for that Member State. The individual files of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 that are registered in the EES shall contain biometric data. 4. By the 150th day from the first day of the progressive start of operations of the EES, each Member State shall operate the EES with biometric functionalities at all its border crossing points and shall register in the EES at least 50 % of the estimated number of border crossings for that Member State. 5. By the 170th day from the first day of the progressive start of operations of the EES, each Member State shall operate the EES with biometric functionalities at all its border crossing points and shall register in the EES all third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. 6. Refusals of entry that are decided at a border crossing point at which the EES is operated shall be recorded in the EES in accordance with Article 18 of Regulation (EU) 2017/2226. For the purpose of this paragraph, where the EES is operated with biometric functionalities, refusals of entry shall be recorded with biometric data. and, where the EES is operated without biometric functionalities, refusals of entry shall be recorded without biometric data. 7. From the first day of the progressive start of operations of the EES, Europol shall use the EES as provided for in Regulation (EU) 2017/2226.
Article 5 Other derogations from Regulations (EU) 2017/2226 and (EU) 2016/399
1. In addition to the rules set out in Article 4, the rules set out in this Article shall apply during the progressive start of operations of the EES irrespective of the way in which the Member States choose to start operating the EES. 2. Border authorities shall systematically stamp the travel documents of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 on entry and exit. The stamping obligations referred to in Article 42a(1), second subparagraph, and Article 42a(2), (5) and (6) of Regulation (EU) 2016/399 shall apply mutatis mutandis in the Member States operating the EES. 3. For entering, amending, erasing and consulting the data in the EES, national authorities that are competent for the purposes laid down in Articles 23 to 29, 31, 32, 34 and 35 of Regulation (EU) 2017/2226 shall: (a) consider stamps to prevail where there are no relevant EES data; (b) consider EES data to prevail: (i) where there is a discrepancy between the individual file containing biometric data and the stamp; or (ii) where a stamp is missing; (c) decide on a case-by-case basis whether the stamp or the EES data prevail: (i) where there is a discrepancy between the individual file without biometric data and the stamp affixed in accordance with paragraph 2 of this Article; or (ii) in cases referred to in Article 16(4) of Regulation (EU) 2017/2226. National authorities and Europol shall not take decisions adversely affecting individuals solely on the basis of there being no registration of the alleged entry or exit in the EES. 4. In the absence of a stamp affixed in the travel document and of an individual file created in the EES for a third-country national present on the territory of a Member State, national authorities may presume that the third-country national does not fulfil, or no longer fulfils, the conditions relating to entry or stay in the Member States. The presumption referred to in the first subparagraph shall not apply to third-country nationals who provide, by any means, credible evidence that they enjoy the right of free movement under Union law, or that they hold a residence permit or a long-stay visa. The presumption referred to in the first subparagraph may be rebutted where the third-country nationals provide, by any means, credible evidence, such as transport tickets or proof of presence outside the territory of the Member States or of the date of expiry of a previous residence permit or long-stay visa, that they have respected the conditions relating to the duration of a short stay. Where the presumption referred to in the first subparagraph is rebutted, national authorities using the EES shall perform one or more of the following tasks, to the extent allowed by this Regulation: (a) create an individual file for that third-country national in the EES, if necessary; (b) update the latest entry/exit record for that third-country national by entering the missing data; (c) erase an existing individual file for that third-country national where Article 35 of Regulation (EU) 2017/2226 provides for such erasure. 5. Border authorities shall make use of the interoperability between the EES and the VIS referred to in Article 8(2) of Regulation (EU) 2017/2226 only at the border crossing points at which the EES is operated. Border authorities shall continue to access the VIS directly: (a) at the border crossing points at which the EES is not operated; (b) where the EES is suspended pursuant to Article 7 of this Regulation. 6. National authorities and Europol shall disregard the following: (a) the results of the automated calculator that provides information on the maximum duration of the authorised stay referred to in Article 11 of Regulation (EU) 2017/2226; (b) the automatically generated list of overstayers and its consequences, in particular as referred to in Article 6(1), points (c) and (h), Article 12(3), Article 16(4), Article 34(3), Article 50(1), points (i) and (k), and Article 63(1), point (e), of Regulation (EU) 2017/2226. 7. For the purposes of Articles 45 and 48 of Regulation (EU) 2017/2226, EES data processing operations carried out by Member States pursuant to this Regulation shall not be considered as unlawful or as not compliant with Regulation (EU) 2017/2226. 8. Verification of the identity and previous registration of third-country nationals pursuant to Article 23 of Regulation (EU) 2017/2226 shall be carried out on the third-country nationals referred to in Article 2(1) and (2) of that Regulation at the border crossing points at which the EES is operated with biometric functionalities, including through self-service systems, where available. 9. In addition to the specific information referred to in Article 50(5) of Regulation (EU) 2017/2226 that is to be added by the Member States in the template to provide information to third-country nationals referred to in Article 2(1) and (2) of that Regulation about the processing of their personal data in the EES, Member States shall supplement that template at the time the individual file of the person concerned is being created with the following information: ‘Please note that the Entry/Exit System is being progressively rolled out. During this period [from …], your personal data, including your biometric data, might not be collected for the purposes of the Entry/Exit System at all Member States’ external borders. If the collection of that information is mandatory and you choose not to provide it, you will be refused entry. During the progressive roll-out, your data will not automatically be added to a list of overstayers. In addition, you will not be able to check how much longer you are authorised to stay using the EES website or equipment available at border crossing points. You can verify the duration of your authorised stay by using the short stay calculator tool available on the European Commission website at https://home-affairs.ec.europa.eu/policies/schengen/border-crossing/short-stay-calculator_en . After the progressive roll-out of the Entry/Exit System, your personal data will be processed as otherwise set out in this form.’. 10. The information on the EES website referred to in Article 50(3) of Regulation (EU) 2017/2226 shall be adapted by the Commission to reflect the progressive start of operations of the EES. 11. The information campaign referred to in Article 51 of Regulation (EU) 2017/2226 accompanying the start of operations of the EES shall reflect the specific conditions at the border crossing points. That information campaign shall ensure that the relevant information is communicated to those affected and shall take into account the thresholds and requirements set out in Article 4 of this Regulation. The Commission, involving the European Data Protection Supervisor, shall adapt the materials for that information campaign in a reasonable timeframe, prior to the progressive start of operations of the EES. Furthermore, the Commission shall continue to support Member States in their preparation of those materials. 12. The application of Article 11(3), Article 12(1) and (2), Article 13(1) and (2), Article 20 and Article 21 of Regulation (EU) 2017/2226, as well as the application of Article 8(9) of Regulation (EU) 2016/399, shall be suspended. 13. By way of derogation from Article 22 of Regulation (EU) 2017/2226 and Article 12a of Regulation (EU) 2016/399, the transitional period and the transitional measures set out in those Articles shall apply from the first day after the end of the progressive start of operations of the EES. 14. At the border crossing points at which the EES is not operated, border checks shall be carried out in accordance with Regulation (EU) 2016/399 as applicable on the day before the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226. At the border crossing points at which the EES is operated, border checks shall be carried out in accordance with Regulations (EU) 2017/2226 and (EU) 2016/399. By way of derogation from the second subparagraph of this paragraph, at the border crossing points where the EES is operated without biometric functionalities, Article 6(1), point (f)(i), of Regulation (EU) 2016/399, and, solely for the purposes of the EES, the provisions on the verification of third-country nationals based on biometric data referred to in Article 6(1), point (f)(ii), and Article 8(3), points (a) and (g), of that Regulation, shall not apply. For the purposes of this Regulation, the application of Article 9(3) and Article 12 of Regulation (EU) 2016/399 shall be suspended. 15. By way of derogation from Article 37 of Regulation (EU) 2017/2226, the Programme Management Board of eu-LISA shall continue its activities until the end of the progressive start of operations of the EES. In particular, the Programme Management Board of eu-LISA shall monitor the progressive start of operations of the EES, including the stability of the EES Central System, and recommend additional actions where appropriate.
Article 6 Access to the EES data
1. The possible incompleteness of the EES data recorded during the progressive start of operations of the EES, due to the variable operations of the EES in each Member State during that period, shall be taken into account as follows: (a) by national authorities and Europol, when accessing the entry and exit records registered in the EES in the performance of their tasks; (b) by national authorities, when communicating the EES data in accordance with Articles 41 and 42 of Regulation (EU) 2017/2226; (c) by the ETIAS Central Unit, for the purpose of a verification as referred to in Article 25a(2) of Regulation (EU) 2017/2226; (d) by the competent authorities, the Commission and relevant Union agencies, for the purpose of reporting and statistics in accordance with Article 63 of Regulation (EU) 2017/2226. 2. Carriers shall verify the stamps affixed in the travel documents with a view to fulfilling their obligations under Article 26(1) of the Convention implementing the Schengen Agreement and under Directive 2001/51/EC for the duration of the progressive start of operations of the EES. By way of derogation from Article 13(3) of Regulation (EU) 2017/2226, carriers may start using the web service referred to in that Article from the 90th day from the first day of the progressive start of operations of the EES. During a period of 180 days after the end of the progressive start of operations of the EES, carriers shall, in addition to using the web service pursuant to Article 13(3) of Regulation (EU) 2017/2226, continue verifying the stamps affixed in travel documents with a view to fulfilling their obligations under Article 26(1) of the Convention implementing the Schengen Agreement and under Directive 2001/51/EC. 3. When fulfilling the obligations referred to in Articles 35 and 52 of Regulation (EU) 2017/2226 in relation to the completion of personal data recorded in the EES, Member States shall complete the relevant personal data only to the extent possible taking into account the limited availability of the sets of data collected during the progressive start of operations of the EES. Where applicable, the administrative decision referred to in Article 52(4) of that Regulation shall refer to the thresholds and requirements set out in Article 4(2) to (4) of this Regulation that allow for the registration of incomplete files. 4. By way of derogation from Article 63(1), second subparagraph, of Regulation (EU) 2017/2226, the duly authorised staff of the European Border and Coast Guard Agency shall not have access to consult the data recorded in the EES during the progressive start of operations of the EES for the purpose of carrying out risk analyses or vulnerability assessments.
Article 7 Suspension of the EES
1. During the progressive start of operations of the EES, Member States may fully or partially suspend the operations of the EES at certain border crossing points in the case of failure of the EES Central System, of national systems or of communication infrastructure that significantly disrupts the operations of the EES, or in exceptional circumstances that lead to traffic of such intensity that the waiting time at a border crossing point becomes excessive. In the case of partial suspension, Member States shall collect the data referred to in Articles 16 to 20 of Regulation (EU) 2017/2226, with the exception of biometric data. In the case of full suspension, Member States shall completely suspend the operations of the EES and shall not collect any of the data referred to in Articles 16 to 20 of that Regulation. In both cases, Member States shall promptly, and in any event no later than 6 hours from the start of the suspension of the operations of the EES, notify the Commission and eu-LISA of the reason for the partial or full suspension of the EES and the expected or actual duration of that suspension. If relevant given the local circumstances of the border crossing points, Member States shall inform the operators of infrastructure hosting the border crossing points and carriers of the suspension. Once the situation that led to the suspension has come to an end, Member States shall promptly notify the Commission and eu-LISA. In cases where they had informed the operators of infrastructure hosting the border crossings points and carriers of the suspension, Member States shall inform them that the situation that led to the suspension has come to an end. 2. In the event of failure of the EES Central System, eu-LISA shall promptly notify the Commission and the Member States of the reason for such failure and of its expected duration. eu-LISA shall also promptly notify the Commission and the Member States when the failure is resolved. All Member States shall promptly confirm the restarting of operations of the EES to the Commission and eu-LISA. 3. During a period of 90 days after the end of the progressive start of operations of the EES, Member States may partially suspend the operations of the EES as referred to in paragraph 1, second subparagraph, at a certain border crossing point for a maximum of 6 hours in exceptional circumstances that lead to traffic of such intensity that the waiting time at a border crossing point becomes excessive. During such a partial suspension, Member States shall be exempt from their obligation set out in Article 21(1) of Regulation (EU) 2017/2226 as regards the registration of biometric data. Member States shall promptly, and in any event no later than 6 hours from the start of the partial suspension, notify the Commission and eu-LISA of the reason for the suspension and of its expected or actual duration. 4. If less than 80 % of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data, the period of 90 days referred to in paragraph 3 shall be automatically extended by 60 days. 5. By the 10th day after the end of the progressive start of operations of the EES, eu-LISA shall provide the Commission with statistics allowing the Commission to verify whether the percentage referred to in paragraph 4 has been reached. By the 30th day after the end of the progressive start of operations of the EES, the Commission shall inform the Member States of the outcome of its verification.
Article 8 Entry into force and application
1. This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union . It shall apply from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226. However, Article 3 of this Regulation shall apply from 26 July 2025. 2. This Regulation shall cease to apply 180 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) Regulation (EU) 2017/2226. However: (a) Article 5(13) and Article 6(1), (3) and (4) shall cease to apply 5 years and 180 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226; (b) Article 6(2), second subparagraph, shall cease to apply 360 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226; (c) Article 7(3) and (4) shall cease to apply 330 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226; (d) Article 7(5) shall cease to apply 210 days from the date from which the EES is to start operations as decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226.