In this episode of The Inside Track, host Grace Shie
and James Perrott unpack Europe’s evolving border regime,
focusing on the EU Entry/Exit System (EES), launched on October 12,
2025, with a phased implementation through April 10, 2026. EES
applies at Schengen—rather than EU-wide—borders and
requires most non-EU travelers to provide biometrics (fingerprints
and a facial image) and scan passports at their first enabled entry
or exit. This episode clarifies Schengen versus the European Union,
and outlines key exemptions based on traveler profiles. It also
highlights enforcement of the Schengen 90/180 rule using EES data
and associated penalties for overstays. Finally, the episode
previews the European Travel Information and Authorization System
(ETIAS)—coming after full EES implementation—and how
the two electronic systems will work together to pre-screen
travelers and track cross-border movement across the Schengen
territory.
Episode Transcript
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.
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