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Temporary derogation from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 as regards a progressive start of operations of the Entry/Exit System

COMCMT1R-EP1R-C2R-EPCNCADO

Rapporteur Assita KANKOCommittee LIBEUpdated 9mo ago

This law allows for a gradual introduction of the Entry/Exit System (EES), which is a new digital system for border checks. This change primarily affects travellers entering the EU and the authorities responsible for managing border controls. Instead of launching the EES all at once, this regulation permits a phased rollout, meaning certain parts of the system will become operational over time. This temporary measure aims to ensure a smoother transition and avoid disruption during the EES implementation.

Analysis

AI-generated·2 Apr 2026·Source document·Verified

The progressive start of operations for the Entry/Exit System (EES) will have a duration of 180 calendar days.

What changes

Introduces a temporary derogation allowing for a progressive start of operations for the Entry/Exit System (EES) over a period of 180 calendar days.
Amends rules for border checks at border crossing points where the EES is operated without biometric functionalities, specifically regarding the non-application of certain provisions on verification based on biometric data.
Modifies the application period for transitional periods and measures related to the EES, stating they will apply from the first day after the progressive start of operations has ended.
Introduces requirements for Member States to provide monthly reports to the European Parliament, Commission, and eu-LISA on the implementation of their national roll-out plans during the progressive start of operations.

Expected impact

The regulation establishes a framework for a phased implementation of the EES, allowing Member States flexibility in its roll-out over 180 days, thereby modifying the original requirement for a simultaneous full start of operations.
The progressive start necessitates temporary derogations from existing regulations, including the Schengen Borders Code, impacting how border checks and data recording are conducted during the transition period.
The phased introduction of biometric functionalities means that certain border checks relying on biometrics will not be mandatory at all border crossing points for the initial period, affecting the immediate uniformity of border control procedures.

Limitations

The specific dates for the start of the progressive operations and the subsequent phases are not detailed in this legislative text, as they are to be decided by the Commission.
The exact content of the guidelines to be issued by the Commission on national roll-out plans and monthly reports, as well as on the processing of personal data, is not included.
The specific details of the high-level roll-out plan to be developed by eu-LISA are not provided.
The document does not contain information on the specific domestic issues or concerns about the stability of the central system that led to the need for a progressive start, as mentioned in the explanatory statement.