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As has been widely reported in the national press that the European Union is implementing a newly created digital border control system for non-EU citizens, Exit/Entrance System (EES).In addition to ESS in 2026 an additional entry requirement will be introduced, the European Travel Information and Authorisation System (ETIAS) which will sit beside EES to enable foreign nationals to travel to the EU.
ESS
The ESS will replace the manual stamping of passports for short stays in the Schengen Area.The system has already been initiated and starting on 12 October 2025 and the rollout will be phased over the following six months at all border crossings, ports.This means that during the initial period not all crossings to Europe will employ the biometric system which is expected to be fully functional by 10 April 2026, and passport stamping will continue until the new system is fully deployed.
British nationals can now expect, that the data that will be collected from individuals is:
- Name
- Type of travel document
- Facial image
- Fingerprints
- Date
- Place of entry/exit
The required information is collected at self-service kiosks or through mobile applications.Once your biometric information has been registered it remains valid for up to three years or when your passport expires.The next time you require an entry or exit your passport will be scanned and very likely facial image matching but not fingerprinting unless there is a compelling reason to do so as something has changed. Children under the age of 12 years will be photographed but they will not have to provide finger prints, the information taken will be recorded.
Should you have dual nationality in an EU country and you are using your EU passport you will be exempt.Also, if you hold a residence permit in a country in the Schengen Area you may also be exempt.In the countries that are not already part of the Schengen Area, these measures do not apply.
The existing 90/180 rule allowing a non-EU national to stay within the Schengen Area for up to 90 days with a 180-day period remains and the EES allows the relevant authorities to detect those individuals who overstay.It is likely that, initially, there will be longer waits at the border.If you believe that you are exempt, ensure that you have the documentary proof with you at all times.
The countries to which this applies includes Spain, France, Italy, Germany, Portugal, as well as Norway and Switzerland.It is possible that Estonia and Luxembourg will also implement these measure.Once the new rules are active it will speed up the time taken to enter Europe.
There is no action that can be taken in advance of travel, all the procedures take place at the border.The new measures will affect thousands of travellers and it is essential that your documentation is correct and valid.Giambrone and Partners' lawyers can assist by ensuring that there are no omissions that will prevent the holder from travelling.
ETIAS
The new measure will apply to travellers from visa-exempt countries and will apply to short stay visits of up to 90 days within 180 days in respect of tourism, business, medical treatment and those travellers who are in transit.If you hold and EU passport you will not require ETIAS if you travel on your EU passport.
ETIAS is being introduced to strengthen security and is linked to connected to your passport and approval is given online following your application and will be valid for three years.It is similar to the system employed in other countries such as the USA, Canada and Australia.Entry into 30 European countries will require ETIAS.
The vast majority of applicants will be able to qualify for ETIAS.However, there are some factors which may result in rejection.If you have a criminal record, your passport is not valid or issues regarding your health may lead to additional enquiries and eventual rejection.As far as a criminal record is concerned the nature of the offence is the major factor.Minor violations such as a speeding offence or a single instance of public disturbance may be overlooked.However, violent crimes and drug related offences together with terrorism offences are a likely cause for rejection.
Acceptance depends on a valid passport that extends for at least three months after your departure date and it must be a biometric passport.A passport that is over ten years old, whilst is it is still valid, may not be accepted.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
