On 9 January 2018 – REGULATION (EU) 2017/2226 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011

This Regulation applies to:

(a) third-country nationals admitted for a short stay to the territory of the Member States who are subject to border checks in accordance with Regulation (EU) 2016/399 when crossing the borders at which the EES is operated; and

(b) third-country nationals, on entry to and exit from the territory of the Member States, who:

(i) are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and

(ii) do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Council Regulation (EC) No 1030/2002 (1).

  1. This Regulation also applies to third-country nationals whose entry for a short stay to the territory of the Member States is refused in accordance with Article 14 of Regulation (EU) 2016/399.

The EES will be replacing the present system of manual stamping of passports and will be registering  identity data electronically, the date and place of entry and exit as well as entry refusals of third-country nationals visiting the Schengen area for a short stay.

The entry-exit system will improve the quality of border checks by automatically calculating the authorised stay of each traveller also ensuring systematic identification of overstayers. By allowing law enforcement authorities access to travel history records, it will also improve internal security and strengthen the fight against terrorism

eu-LISA (European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice), in cooperation with the member states, is expected to start building the new system. The Commission will then decide the date from which the EES is to start operations.