(1)

Article 66(1) of Regulation (EU) 2017/2226 of the European Parliament and of the Council (2), establishing the Entry/Exit System (EES), provides that the Commission is to decide the date from which the EES is to start operations, provided that certain conditions are met.

(2)

The Commission has not received all notifications pursuant to Article 66(1), point (c), of Regulation (EU) 2017/2226, which is one of the conditions for deciding on the start of operations of the EES.

(3)

Regulation (EU) 2017/2226 only allows for a full start of operations, requiring all Member States to start using the EES fully for all third-country nationals subject to registration in the EES and to use the EES simultaneously at all their border crossing points. However, a full start of operations of all EES functionalities simultaneously at all border crossing points constitutes a risk for the resilience of the EES as a whole and for passenger flows at the external borders.

(4)

In order to ensure a smooth launch of the EES, to facilitate its timely roll-out in all Member States, to provide Member States with the necessary flexibility to start using the EES within a clearly defined period and to facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for the progressive start of operations of the EES, during which Member States should be able to choose a phased roll-out of the EES. To ensure that those adjustments take account of potential travel flows and seasonal peaks, while taking into consideration that the progressive start of operations of the EES could also have some impact for the Member States in terms of increased workload at border crossing points, such a progressive start of operations should have a limited duration of 180 days.

(5)

To enable the progressive start of operations of the EES, it is necessary to derogate temporarily from certain provisions of Regulation (EU) 2017/2226 and of Regulation (EU) 2016/399 of the European Parliament and of the Council (3). Other rules set out in Regulation (EU) 2017/2226 that are not affected by this Regulation apply as provided for in that Regulation. In particular, the rules set out in Regulation (EU) 2017/2226 apply to the data recorded in the EES throughout the progressive start of operations of the EES and those data are therefore considered reliable and accurate. In addition, this Regulation does not affect the validity of the notifications already made by Member States pursuant to Article 66(1), point (c), of Regulation (EU) 2017/2226.

(6)

Member States that do not intend to use the EES fully from the beginning of the progressive start of operations of the EES should start operating the EES progressively to record, on entry and exit, the data of third-country nationals subject to registration in the EES at one or more border crossing points, or at one or more lanes of such border crossing points. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure the controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, and if necessary, Member States should deploy all the functionalities of the EES progressively and record the data of all third-country nationals subject to registration in the EES gradually. To ensure the full use of the EES at all border crossing points in the Union, where Member States choose to start operating the EES progressively, it should be implemented in phases, which should set the minimum requirements to be reached by Member States. It should be possible for Member States to accelerate implementation at national level or start operating the EES fully from the start of operations of the EES. The gradual processing of data in the EES should be carried out while fully respecting the rights of data subjects as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council (4) and should not lead, directly or indirectly, to any form of discrimination or profiling within the meaning of that Regulation. Where necessary, the Commission, in consultation with the European Data Protection Supervisor, should provide further practical guidance on the processing of personal data in the EES during the progressive start of operations.

(7)

To facilitate the smooth deployment of the EES, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), established by Regulation (EU) 2018/1726 of the European Parliament and of the Council (5), should develop a high-level roll-out plan to provide guidance to Member States and Europol on planning and executing the deployment of the EES during the progressive start of operations (the ‘eu-LISA high-level roll-out plan’). eu-LISA should provide the European Parliament, the Council, the Commission, Member States and Europol with that plan. That plan should confirm performance and availability targets of the EES Central System as well as the strategy regarding potential functional minor, major and blocking defects, should indicate contingency procedures and should provide guidance for the functioning of the EES Central System to the Member States and Europol. That plan should be adopted by eu-LISA’s Management Board. Member States’ decisions to start or accelerate operations should take into account the eu-LISA high-level roll-out plan.

(8)

To facilitate the smooth deployment of the EES, each Member State should develop a national roll-out plan in consultation with the Commission and eu-LISA and transmit that plan to the Commission. For each phase of the progressive start of operations of the EES, national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the expected date from which the EES will operate at border crossing points; (ii) the expected percentage of the estimated number of border crossings to be registered in the EES out of the total number of third-country nationals subject to registration in the EES; and (iii) where applicable, the biometric functionalities expected to be operated at border crossing points. eu-LISA should consider whether the national roll-out plans are technically consistent with the eu-LISA high-level roll-out plan and should confirm that they do not contain any technical deficiencies which could further delay the start of operations of the EES. The Commission should 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 this Regulation. When preparing their national roll-out plans, Member States are encouraged to coordinate, as appropriate, with the operators of infrastructure where border crossing points are located. 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 should inform the operators of infrastructure hosting that border crossing point thereof. To monitor compliance with the progressive start of operations of the EES, Member States should provide the European Parliament, the Council, the Commission and eu-LISA with monthly reports on the implementation of their national roll-out plans. Such monthly reports should identify deviations and corrective measures where such were necessary to comply with the thresholds and requirements set out in this Regulation. The Commission should facilitate the provision of concise national roll-out plans and monthly reports by the Member States.

(9)

Considering that the data recorded in the EES during the progressive start of operations of the EES might be incomplete, the travel documents of third-country nationals should be stamped systematically on entry and exit during that period. National authorities should take into account the possible incompleteness of entry/exit records or of refusal of entry records. In the event that there are no relevant EES data, national authorities should consider stamps to prevail. In the event that a stamp is missing, national authorities should consider the data recorded in the EES to prevail. In the event of a discrepancy between the individual file containing biometric data and the stamp, national authorities should consider the EES data to prevail. In the event of a discrepancy between the individual file without biometric data and the stamp or in the cases referred to in Article 16(4) of Regulation (EU) 2017/2226, national authorities should decide, on a case-by-case basis, whether the stamp or the EES data prevail.

(10)

Considering that the data recorded in the EES during the progressive start of operations of the EES might be incomplete, national authorities should not take into account the results provided by the automated calculator on the maximum remaining duration of the authorised stay of third-country nationals registered in the EES. Similarly, when carrying out their tasks, national authorities should not take into account the automated mechanism to identify or flag the lack of exit records following the date of expiry of an authorised stay or the records for which the maximum duration of authorised stay was exceeded, or the generated lists of persons identified as overstayers.

(11)

To provide Member States with the necessary time to adjust to the start of operations of the EES, during the first 60 days of the progressive start of operations of the EES, the use of biometric functionalities at border crossing points should not be mandatory. However, Member States are encouraged to make use of those functionalities during that period in order to support a smooth operational transition and to enable the timely detection and resolution of any implementation issues. By the 90th day from the first day of the progressive start of operations of the EES, Member States should operate the EES with biometric functionalities at at least half of their border crossing points. Providing biometric data should not be an entry condition for third-country nationals subject to registration in the EES at border crossing points where the EES is operated without biometric functionalities.

(12)

To accommodate the need to progressively deploy the EES with biometric functionalities at border crossing points, the biometric verification of third-country nationals subject to registration in the EES should only be carried out at the border crossing points at which the EES is operated with biometric functionalities.

(13)

To ensure coherence of the operations of the interoperability between the Visa Information System (VIS), as established by Council Decision 2004/512/EC (6), and the EES, the VIS should be accessed directly only at border crossing points at which the EES is not operated. At border crossing points at which the EES is operated, border authorities should make use of the interoperability between the EES and the VIS.

(14)

Third-country nationals whose data are to be recorded in the EES should be informed about their rights and obligations regarding the processing of their data in the form of a template as provided for in Article 50(5) of Regulation (EU) 2017/2226. The information to be provided to those third-country nationals should refer to the progressive start of operations of the EES. Those third-country nationals should be informed in the template of their obligation to provide biometric data at border crossing points where that obligation constitutes an entry condition, of the consequences of not providing biometric data, that it will not be possible for them to verify the remaining duration of the authorised stay by automated means, and of the possibility to use the short stay calculator tool available on the Commission website.

(15)

To reflect the progressive start of operations of the EES, the Commission should review the information on the EES website regularly, and adapt it when necessary.

(16)

The Commission, involving the European Data Protection Supervisor, should adapt its information materials developed in the context of Article 51 of Regulation (EU) 2017/2226, to carry out the information campaign accompanying the progressive start of operations of the EES.

(17)

During the progressive start of operations of the EES, the web service referred to in Article 13(1) of Regulation (EU) 2017/2226 will not enable third-country nationals to verify the exact duration of their authorised stay electronically.

(18)

This Regulation does not affect the obligations of air carriers, sea carriers and international carriers transporting groups overland by coach as set out in Article 26(1) of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (7) (the ‘Convention implementing the Schengen Agreement’) and Council Directive 2001/51/EC (8). In that respect, carriers should verify the stamps affixed in travel documents. To ensure effective communication with carriers about the differentiated application of the EES at the border crossing points, ultimately benefiting travellers, it is crucial for Member States to be transparent about the deployment of the EES at their border crossing points.

(19)

Article 22 of Regulation (EU) 2017/2226 and Article 12a of Regulation (EU) 2016/399 provide for a transitional period and transitional measures for the start of operations of the EES. To enable a progressive start of operations of the EES, it is necessary to derogate from those Articles to ensure that the transitional period and the transitional measures apply only after the end of the progressive start of operations of the EES. That derogation should 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.

(20)

To ensure that national authorities and Union agencies, in the performance of their tasks, do not take decisions that are based exclusively on data recorded in the EES, they should take into account that individual files registered in the EES might contain incomplete sets of data. That derogation should 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 to reflect the 5-year retention period for sets of data for which the exit record is missing as set out in Article 34(3) of that Regulation. Entry and exit records created during the progressive start of operations of the EES should not be used for automated reporting, nor for automated processes, including automated consultation from the European Travel Information and Authorisation System (ETIAS), as established by Regulation (EU) 2018/1240 of the European Parliament and of the Council (9).

(21)

When ensuring compliance with the provisions of Regulation (EU) 2017/2226 on the amendment of data and advance data erasure, Member States should complete the incomplete data to the extent permitted by the limited availability of the sets of data recorded in the EES during the progressive start of operations of the EES.

(22)

The European Border and Coast Guard Agency, as established by Regulation (EU) 2019/1896 of the European Parliament and of the Council (10), should not access data recorded in the EES during the progressive start of operations of the EES for carrying out risk analyses and vulnerability assessments, as the incompleteness of the data could lead to misleading risk analyses and vulnerability assessments.

(23)

To ensure effective management of the external borders during the progressive start of operations of the EES, the following rules should apply. At the border crossing points at which the EES is not operated, border checks should 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 should be carried out in accordance with Regulations (EU) 2017/2226 and (EU) 2016/399 as well as the specific derogations from those Regulations provided for in this Regulation with regard to the verification at the border crossing points at which the EES is operated without biometric functionalities to enable the progressive start of operations of the EES. Those border checks should be carried out without prejudice to verifications of visa holders by using fingerprints, in accordance with Regulation (EC) No 767/2008 of the European Parliament and of the Council (11).

(24)

To enable the effective adjustment of technical and organisational arrangements during the progressive start of operations of the EES in each Member State and to address cases of failure of the EES Central System, of national systems or of communication infrastructure that significantly disrupt the operation of the EES, or to address exceptional circumstances that lead to traffic of such intensity that the waiting time at a border crossing point becomes excessive, all Member States, regardless of whether they start using the EES fully or progressively, should have the possibility to suspend the operations of the EES at certain border crossing points, fully or partially, during the progressive start of operations of the EES. Member States should use that possibility only when such suspension is strictly necessary and for the shortest period possible. In the case of partial suspension, the registration of biometric data in the EES should be suspended. In the case of full suspension, no data should be recorded in the EES. Such suspension should not affect obligations as regards the timeline for the progressive start of operations of the EES, but it could temporarily affect the registration thresholds.

(25)

To mitigate additional risks related to the deployment of the EES with biometric functionalities, all Member States should have the possibility, in exceptional circumstances that lead to traffic of such intensity that the waiting time at a border crossing point becomes excessive, to suspend the registration of biometric data in the EES after the end of the progressive start of operations of the EES. Such a suspension should be possible during a limited period of 90 days after the end of the progressive start of operations of the EES. That period should be automatically extended by 60 days if less than 80 % of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data.

(26)

eu-LISA should issue reports on the statistics on the use of the EES, which should serve to evaluate the performance of the EES, assess Member States’ compliance with the eu-LISA high-level roll-out plan and with the national roll-out plans, identify areas for improvement, monitor compliance with the requirements of this Regulation on the progressive start of operations of the EES, and support decision-making relating to the further development and optimisation of the EES. In addition, in line with Article 63(4) of Regulation (EU) 2017/2226, eu-LISA is to publish statistics on the use of the EES during the progressive start of operations. Furthermore, eu-LISA should continue its regular reporting to eu-LISA’s Management Board. The Programme Management Board of eu-LISA should monitor the progressive start of operations.

(27)

The preparatory work related to the eu-LISA high-level roll-out plan and to the national roll-out plans should be triggered by the date of the entry into force of this Regulation. The eu-LISA high-level roll-out plan and the national roll-out plans should take into account 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. All conditions listed in that Article are to be fulfilled in due time to enable the Commission to adopt the decision setting the date from which the EES is to start operations before the start of that preparatory work, and taking into account the Interoperability Roadmap endorsed by the Council on 5 March 2025. In particular, all notifications pursuant to Article 66(1), point (c), of that Regulation are to be received by the Commission in due time. The progressive start of operations of the EES should start, and the derogations provided for in this Regulation should 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. As this Regulation provides for temporary derogations, it should cease to apply 180 days from that date. However, the provisions providing for derogations from the application of the transitional period and the transitional measures provided for in Regulation (EU) 2017/2226 from the access to EES data and from the verification by the carriers of stamps affixed in the travel documents, as well as the provisions on the suspension of the EES, should apply during a limited period after the end of the progressive start of operations of the EES.

(28)

Since the objective of this Regulation, namely to lay down rules on the progressive start of operations of the EES and on derogations from Regulations (EU) 2017/2226 and (EU) 2016/399, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

(29)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark should, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(30)

This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (12). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(31)

As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis (13) which fall within the area referred to in Article 1, point A, of Council Decision 1999/437/EC (14).

(32)

As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (15) which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC (16).

(33)

As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (17) which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (18).

(34)

As regards Cyprus, the provisions of this Regulation relating to the VIS constitute provisions building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession. The operation of the EES requires the granting of passive access to the VIS. As the EES is only to be operated by those Member States that fulfil the conditions related to VIS at the start of the operations of the EES, Cyprus will not operate the EES from the start of operations. Cyprus is to be connected to the EES as soon as the conditions of the procedure referred to in Regulation (EU) 2017/2226 are met.

(35)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (19) and delivered its opinion on 10 March 2025.

(36)

This Regulation establishes strict rules concerning access to the EES, as well as the necessary safeguards for such access during the progressive start of operations of the EES and during a specified period after the end of the progressive start of operations of the EES. It also maintains individuals’ rights of access, rectification, completion, erasure and redress, in particular the right to a judicial remedy and the supervision of processing operations of EES data by public independent authorities. This Regulation therefore respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to human dignity, the prohibition of slavery and forced labour, the right to liberty and security, respect for private and family life, the protection of personal data, the right to non-discrimination, the rights of the child, the rights of the elderly, the integration of persons with disabilities and the right to an effective remedy and to a fair trial.

(37)

This Regulation is without prejudice to the obligations deriving from the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967,

(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.