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PR_COD_1amCom
Follow up to the European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on a 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
Symbols for procedures
1. Rapporteur: Assita KANKO (ECR / BE)
* Consultation procedure
2. References: 2024/0315(COD) / A10-0082/2025 / P10_TA(2025)0141
*** Consent procedure
3. Date of adoption of the resolution: 8 July 2025
***I Ordinary legislative procedure (first reading)
4. Legal basis: Article 77(2)(b) and (d) and Article 87(2)(a) of the Treaty on the Functioning of the European Union (TFEU)
***II Ordinary legislative procedure (second reading)
5. Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)
***III Ordinary legislative procedure (third reading)
6. Commission's position: accepts all amendments.
(The type of procedure depends on the legal basis proposed by the draft act.)
Amendments to a draft act
Amendments by Parliament set out in two columns
Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.
The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.
Amendments by Parliament in the form of a consolidated text
New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced. By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a Regulation of the European Parliament and of the Council on a 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
(COM(2024)0567 – C10-0207/2024 – 2024/0315(COD))
(Ordinary legislative procedure: first reading)
– having regard to the Commission proposal to Parliament and the Council (COM(2024)0567),
– having regard to Article 294(2) and Article 77(2) points (b) and (d) and Article 87(2) point (a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10-0207/2024),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to Rule 60 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0000/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 3
Text proposed by the Commission
Amendment
(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.
(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 at all border crossing points simultaneously constitutes a risk factor for the resilience of the EES as a whole and for passenger flows at the external borders.
Or. en
Amendment 2
Proposal for a regulation
Recital 4
Text proposed by the Commission
Amendment
(4) To provide Member States with the necessary flexibility to start using the EES according to their level of readiness and facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for a progressive start of operations of the EES. To ensure these adjustments reflect potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.
(4) To provide Member States with the necessary flexibility where they start using the EES and facilitate technical and operational adjustments when starting to operate the EES, it is necessary to lay down rules for a progressive start of operations of the EES during which Member States should be able to opt for a phased roll-out of the EES. To ensure these adjustments reflect potential travel flows and seasonal peaks, such a progressive start should have a duration of 180 calendar days.
Or. en
Amendment 3
Proposal for a regulation
Recital 5
Text proposed by the Commission
Amendment
(5) To enable a progressive start of operations of the EES it is therefore necessary to derogate from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 of the European Parliament and of the Council3 (‘Schengen Borders Code’). 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 data recorded in the EES throughout the progressive start of operations follow the rules set out in Regulation (EU) 2017/2226 and are considered reliable and accurate.
(5) To enable a progressive start of operations of the EES it is necessary to derogate from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 of the European Parliament and of the Council3 (‘Schengen Borders Code’). 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 data recorded in the EES throughout the progressive start of operations follow the rules set out in Regulation (EU) 2017/2226 and are considered reliable and accurate. This Regulation does not affect the validity of the notifications already provided to the Commission by Member States under Article 66(1) of Regulation (EU) 2017/2226.
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3 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj).
3 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/399/oj).
Or. en
Amendment 4
Proposal for a regulation
Recital 6
Text proposed by the Commission
Amendment
(6) Member States should progressively start operating the EES 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. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure a controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, Member States should deploy all the functionalities of the EES progressively and register the data of all third-country nationals subject to registration in the EES gradually. To ensure a coordinated approach, the progressive start of operations should be implemented in phases, which should set the minimum requirements to be reached by Member States. Member States will have the possibility to accelerate implementation at national level or start operating the EES fully from the beginning of the progressive approach.
(6) Member States that do not start operating the EES fully at all their border crossing points simultaneously should progressively start operating the EES 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. If possible and applicable, Member States should include a combination of air, land and sea border crossing points. To ensure a controlled launch of the EES and to better manage and avoid potential long waiting times at the borders, where relevant, Member States should deploy all the functionalities of the EES progressively and register the data of all third-country nationals subject to registration in the EES gradually. To ensure the goal of the full use of the EES at all border crossing points in the Union, the progressive start of operations should include thresholds, which should set the minimum requirements to be reached by Member States.
Or. en
Amendment 5
Proposal for a regulation
Recital 7
Text proposed by the Commission
Amendment
(7) To facilitate a 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) should develop a high-level roll-out plan to provide guidance to Member States and Union agencies on planning and executing the EES deployment during its progressive start of operations and should submit it to the Commission, Member States and Union agencies. This plan should include the capacity limits of the Central System as specified by eu-LISA for each phase of deployment. Member States’ decisions to start or advance operations should take into account the capacity of the Central System as outlined in the high-level roll-out plan.
(7) To facilitate a 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) should develop a high-level roll-out plan to provide guidance to Member States and Union agencies on planning and executing the EES deployment during its progressive start of operations and should submit it to the Commission, Member States and Union agencies.
Or. en
Amendment 6
Proposal for a regulation
Recital 8
Text proposed by the Commission
Amendment
(8) To facilitate a smooth deployment of the EES, Member States should develop national roll-out plans in consultation with the Commission and eu-LISA. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the 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 to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.
(8) To facilitate a smooth deployment of the EES, Member States should, in consultation with the Commission and eu-LISA, develop national roll-out plans and present those plans to the Commission. For each of the phases of the progressive start of the EES operations, the national roll-out plans should include the information on the set thresholds and requirements, in particular: (i) the date from which the EES will operate at each border crossing point; (ii) the 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 to be operated at each selected border crossing point. When preparing their respective national roll-out plans, Member States are encouraged to appropriately coordinate with the operators of infrastructure where border crossing points are located. To monitor compliance with the progressive start of operations, Member States should provide the Commission and eu-LISA monthly reports on the implementation of their roll-out plans. Such monthly reports should include corrective measures, where necessary, to ensure compliance with the progressive start of operations.
Or. en
Amendment 7
Proposal for a regulation
Recital 9
Text proposed by the Commission
Amendment
(9) Due to the progressive start of operations of the EES and possible incompleteness of the data recorded in the EES, travel documents of third-country nationals should be systematically stamped on entry and exit during the progressive start of operations of the EES. National authorities should take into account the possible incompleteness of entry/exit records or of refusal of entry records and should consider stamps as prevailing over the information registered in the EES. In addition, when providing information to third-country nationals about the maximum remaining duration of their authorised stay, national authorities should base their assessment on the stamps affixed in the travel documents. The data recorded in the EES should prevail in case a stamp is missing.
(9) Due to the progressive start of operations of the EES and resulting incompleteness of the data recorded in the EES, travel documents of third-country nationals should be systematically stamped on entry and exit during the progressive start of operations of the EES. National authorities should take into account the possible incompleteness of entry/exit records or of refusal of entry records and should consider stamps as prevailing over the information registered in the EES. In addition, when providing information to third-country nationals about the maximum remaining duration of their authorised stay, national authorities should base their assessment on the stamps affixed in the travel documents. The data recorded in the EES should prevail in case a stamp is missing.
Or. en
Amendment 8
Proposal for a regulation
Recital 11
Text proposed by the Commission
Amendment
(11) To provide Member States with the necessary time to adjust to the start of the EES, for the first 60 calendar days of the progressive start of operations, the use of biometric functionalities at border crossing points should not be mandatory. No later than the 90th calendar day after the progressive start of operations, Member States should operate the EES with biometric functionalities at least at 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 the border crossing points where the EES is operated without biometric functionalities.
(11) To provide Member States with the necessary time to adjust to the start of the EES, for the first 60 calendar days of the progressive start of operations, the use of biometric functionalities at border crossing points should not be mandatory. No later than the 90th calendar day of the progressive start of operations, Member States should operate the EES with biometric functionalities at least at 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 the border crossing points where the EES is operated without biometric functionalities.
Or. en
Amendment 9
Proposal for a regulation
Recital 23
Text proposed by the Commission
Amendment
(23) To ensure effective management of the external borders during the progressive start of operations of the EES, 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 [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 Regulation (EU) 2017/2226 and the Schengen Borders Code. However, specific derogations from these Regulations should apply with regards to the verification at the border crossing points at which the EES is operated without biometric functionalities to enable the progressive start of operations. This should happen without prejudice to verifications of visa holders by using fingerprints, in accordance with Regulation (EC) 787/2008.
(23) To ensure effective management of the external borders during the progressive start of operations of the EES, 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 [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 Regulation (EU) 2017/2226 and the Schengen Borders Code. However, specific derogations from these Regulations should apply with regards to the verification at the border crossing points at which the EES is operated without biometric functionalities to enable the progressive start of operations. This should happen without prejudice to verifications of visa holders by using fingerprints, in accordance with Regulation (EC) 767/2008.
Or. en
Amendment 10
Proposal for a regulation
Recital 24
Text proposed by the Commission
Amendment
(24) To enable an effective adjustment of technical and organisational arrangements during the progressive start of operations of the EES in each Member State and to address exceptional circumstances of failure of the EES Central System, national systems or communication infrastructure, or excessive waiting times at their borders, Member States should have the possibility to suspend the operations of the EES at certain border crossing points, fully or partially. In case of partial suspension, the registration of biometric data in the EES should be suspended. In case of full suspension, no data should be registered in the EES. To mitigate additional risks related to the deployment of the EES with biometric functionalities, Member States should have the possibility, in exceptional circumstances leading to traffic of such intensity that the waiting times at borders become excessive, to suspend the registration of biometric data in the EES after the end of the progressive start of operations. Such a suspension should be possible for a limited period of 60 days after the end of the progressive start of operations of the EES, and should be 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.
(24) To enable an effective adjustment of technical and organisational arrangements and to address potential exceptional circumstances of failure of the EES Central System, national systems or communication infrastructure, or excessive waiting times at their borders, during the period of the progressive start of operations of the EES, Member States should have the possibility to suspend the operations of the EES at certain border crossing points, fully or partially. In case of partial suspension, the registration of biometric data in the EES should be suspended. In case of full suspension, no data should be registered in the EES.
Or. en
Amendment 11
Proposal for a regulation
Recital 24 a (new)
Text proposed by the Commission
Amendment
(24 a) To mitigate additional risks related to the deployment of the EES with biometric functionalities, Member States should have the possibility, in exceptional circumstances leading to traffic of such intensity that the waiting times at borders become excessive, to suspend the registration of biometric data in the EES after the end of the progressive start of operations. Such a suspension should be possible for a limited period of 60 days after the end of the progressive start of operations of the EES.
Or. en
Amendment 12
Proposal for a regulation
Recital 27
Text proposed by the Commission
Amendment
(27) The objective of this Regulation, authorising derogations from Regulation (EU) 2017/2226 and Regulation (EU) 2016/299 to provide for a progressive start of operations of the EES, cannot be sufficiently achieved by Member States but can rather, by reason of the scale and impact of the action, be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
(27) The objective of this Regulation, authorising derogations from Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 to provide for a progressive start of operations of the EES, cannot be sufficiently achieved by Member States but can rather, by reason of the scale and impact of the action, be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.
Or. en
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c) ‘estimated number of border crossings’ means a Member State’s estimate of the number of border crossings of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 in each Member State based on the yearly average of the total number of border crossings of third-country nationals travelling for a short stay in that Member State calculated for the preceding 3 years from the date of application referred to in Article 8(1), second subparagraph, of this Regulation.
(c) ‘estimated number of border crossings’ means a Member State’s estimate of the number of border crossings of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 in each Member State based on the yearly average of the total number of border crossings of third-country nationals travelling for a short stay in that Member State calculated for the preceding calendar year from the date of application referred to in Article 8(1), second subparagraph, of this Regulation.
Or. en
Amendment 14
Proposal for a regulation
Article 3 – title
Text proposed by the Commission
Amendment
Roll-out plans
Roll-out plans and monthly reports
Or. en
Amendment 15
Proposal for a regulation
Article 3 – paragraph 1
Text proposed by the Commission
Amendment
1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol, including capacity limits of the EES Central System.
1. By [the 30th calendar day after the entry into force of this Regulation], the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) shall provide the Commission, Member States, as well as Europol, with a high-level roll-out plan on the progressive start of operations of the EES, taking into account the phases set out in Article 4. That roll-out plan shall include guidance on the use of the EES to Member States and Europol.
Or. en
Amendment 16
Proposal for a regulation
Article 3 – paragraph 2
Text proposed by the Commission
Amendment
2. By [the 60th calendar day after the entry into force of this Regulation], in consultation with the Commission and eu-LISA, Member States shall develop a national roll-out plan on the progressive start of operations of the EES, taking into account the high-level roll-out plan referred to in paragraph 1 of this Article and the phases set out in Article 4.
2. By [the 60th calendar day after the entry into force of this Regulation], in consultation with the Commission and eu-LISA, Member States shall develop national roll-out plans on the progressive start of operations of the EES, taking into account the high-level roll-out plan referred to in paragraph 1 of this Article, and present those plans to the Commission. If a Member State does not start operating the EES fully from the beginning of the progressive start of operations of the EES, the national roll-out plan shall specify how the thresholds and requirements set out in Article 4 shall be met.
Or. en
Amendment 17
Proposal for a regulation
Article 3 – paragraph 3
Text proposed by the Commission
Amendment
3. For each of the phases set out in Article 4, the national roll-out plans shall include the information on the thresholds and requirements set out in that Article.
deleted
Or. en
Amendment 18
Proposal for a regulation
Article 3 – paragraph 4
Text proposed by the Commission
Amendment
4. From the 30th calendar day after the progressive start of operations of the EES, Member States shall provide monthly reports to the Commission and eu-LISA on the implementation of their national roll-out plans, including corrective measures where necessary to comply with the obligations set out in Article 4.
4. From the 30th calendar day after 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, Member States shall provide monthly reports to the Commission and eu-LISA on the implementation of their national roll-out plans, including corrective measures where necessary to comply with the obligations set out in Article 4.
Or. en
Amendment 19
Proposal for a regulation
Article 3 – paragraph 5
Text proposed by the Commission
Amendment
5. At the request of the Commission, eu-LISA shall provide the Commission with the statistics necessary for the monitoring of the national roll-out plans, in accordance with Article 63(6) of Regulation (EU) 2017/2226.
5. At the request of the Commission, eu-LISA shall provide the Commission with the statistics necessary for the monitoring of the high-level roll-out plan and the national roll-out plans, in accordance with Article 63(6) of Regulation (EU) 2017/2226.
Or. en
Amendment 20
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission
Amendment
From the first day of the progressive start of operations of the EES, each Member State shall start using the EES on entry and exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. Member States shall register in the EES at least 10% of the estimated number of border crossings in that Member State.
From the first day of the progressive start of operations of the EES, each Member State shall start using the EES on entry and exit at one or more border crossing points with, if possible and applicable, a combination of air, land and sea border crossing points, to record and store data of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226. No later than the 30th calendar day of the progressive start of operations of the EES, Member States shall register in the EES at least 10% of the estimated number of border crossings in that Member State.
Or. en
Amendment 21
Proposal for a regulation
Article 4 – paragraph 3
Text proposed by the Commission
Amendment
3. No later than the 90th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at least at half of their border crossing points. Member States shall register at least 50% of the estimated number of border crossings in that Member State. The individual files of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 that are registered in the EES shall contain biometric data.
3. No later than the 90th calendar day of the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at least at half of their border crossing points. Member States shall register at least 35% of the estimated number of border crossings in that Member State. The individual files of third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226 that are registered in the EES shall contain biometric data.
Or. en
Amendment 22
Proposal for a regulation
Article 4 – paragraph 4
Text proposed by the Commission
Amendment
4. No later than the 150th calendar day after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall continue registering in the EES at least 50% of the estimated number of border crossings in that Member State.
4. No later than the 150th calendar day of the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall continue registering in the EES at least 50% of the estimated number of border crossings in that Member State.
Or. en
Amendment 23
Proposal for a regulation
Article 4 – paragraph 5
Text proposed by the Commission
Amendment
5. No later than the 170th calendar days after the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall register in the EES all third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226.
5. No later than the 170th calendar day of the progressive start of operations of the EES, Member States shall operate the EES with biometric functionalities at all their border crossing points and shall register in the EES all third-country nationals referred to in Article 2(1) and (2) of Regulation (EU) 2017/2226.
Or. en
Amendment 24
Proposal for a regulation
Article 5 – paragraph 4 – subparagraph 2
Text proposed by the Commission
Amendment
This presumption shall not apply to third-country nationals who can provide, by any means, credible evidence that they enjoy the right of free movement under Union law, have a right of residence in a host Member State under the EU–UK Withdrawal Agreement, or that they hold a residence permit or a long-stay visa.
This presumption shall not apply to third-country nationals who can provide, by any means, credible evidence that they enjoy the right of free movement under Union law, or that they hold a residence permit or a long-stay visa.
Or. en
Amendment 25
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 4
Text proposed by the Commission
Amendment
In both cases, Member States shall promptly and no later than 6 hours after the start of the suspension notify to the Commission and eu-LISA the reason for the partial or full suspension and its expected duration and ensure that the operators of infrastructure hosting border crossing points and carriers are duly informed of such suspension. Once the exceptional circumstances that led to the suspension cease, Member States shall promptly notify the Commission and eu-LISA.
In both cases, Member States shall promptly inform the operators of infrastructure hosting border crossing points and carriers. No later than 6 hours after the start of the suspension, Member States shall notify to the Commission and eu-LISA the reason for the partial or full suspension and its expected duration. Once the exceptional circumstances that led to the suspension cease, Member States shall end the suspension and promptly notify the Commission, eu-LISA and the operators of infrastructure hosting border crossing points and carriers thereof.
Or. en
Amendment 26
Proposal for a regulation
Article 7 – paragraph 3
Text proposed by the Commission
Amendment
3. If less than 80% of the individual files registered in the EES during the progressive start of operations of the EES contain biometric data, the period set out in paragraph 2 of this Article shall be automatically extended by 60 calendar days.
deleted
Or. en
Amendment 27
Proposal for a regulation
Article 7 – paragraph 4
Text proposed by the Commission
Amendment
4. At the latest by the 10th calendar day after the end of the progressive start of operations of the EES, eu-LISA shall provide the Commission with statistics allowing the Commission to verify if this percentage has been reached. No later than by the 30th calendar day after the end of the progressive start of operations of the EES, the Commission shall inform the Member States of the outcome of its verification.
deleted
Or. en
Amendment 28
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point d
Text proposed by the Commission
Amendment
(d) Article 7(2) and (3) shall cease to apply 300 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;
(d) Article 7(2) shall cease to apply 240 calendar days after the date decided by the Commission in accordance with Article 66(1) of Regulation (EU) 2017/2226;
Or. en
EXPLANATORY STATEMENT
Introduction
The Entry/Exit System (EES), provided for under Regulation 2017/2226 (the ‘EES Regulation’), is a key component of the border management of the Schengen area. The EES registers entries, exits and refusals of entry of third-country nationals crossing the external borders of the 29 Schengen Member States for a short stay in its centralised database. It is an important step in the EU’s efforts to enhance security and efficiency at its external borders. For the first time, a system will collect biometric data, namely facial images and fingerprints, in addition to alphanumeric data, of third country nationals crossing the external borders. The EES will grant Schengen Member States real-time access to third-country nationals’ personal data, travel history and information on whether they comply with the authorised short-stay period in the Schengen area. As a result, the EES should reduce the likelihood of identity fraud and overstay, ultimately strengthening the security of the Schengen area. As a result of the installation of automated border infrastructure, the EES should also ultimately reduce waiting times for bona fide travellers at border crossing points.
The development of the EES has taken longer than expected and target dates for the start of operations have been missed. One of the requirements for the start of operations of the EES is that the Commission receive a ‘notification of readiness’ from each Member State. Currently, three Member States have indicated that they are not in a position to submit such a notification. Their delay is due to a combination of domestic issues and concerns about the stability of the central system managed by eu-LISA.
In light of the above, various stakeholders involved in the operations of the EES considered that the agreed introduction of new processes at the external borders should be preceded by a period of adjustment for national authorities and travellers. Fully launching a new large-scale IT system at all border crossing points could pose risks to secure and smooth travel.
However, the EES Regulation only allows for a full start of operations, requiring all Member States to start using the EES fully and simultaneously for all travellers who are subject to registration in the EES at all their external border crossing points. It does not foresee the option of a period of adjustment.
In this context, in December 2024, the Commission presented a proposal as regards the progressive start of operations of the EES. The gradual start of the system would see an increased use by the Member States over a period of 180 days until full roll-out.
The rapporteur’s position
The rapporteur supports the EES and its aims of improving security and facilitating people flows at the EU’s external borders. The need for reinforced border security was made clear by the horrific wave of terrorist attacks in EU Member States, including in France and Belgium, in 2015 and 2016. Whilst understanding the difficulty of setting up a major new system comprising new hardware and software components as well as the modification of procedures at border crossing points, the rapporteur regrets that eight years after the adoption of the Regulation, the system is still not operational. Since 2017, security threats have not reduced: on the contrary. In order to finally allow the full roll-out of the EES, the rapporteur in principle agrees with the proposed progressive start of operations.
The rapporteur proposes the following changes to the Commission proposal:
1. The rapporteur emphasises that the progressive roll-out of the EES during the 180-day period of the progressive start of operations is voluntary. Member States that decide to start using the EES fully for all third-country nationals subject to registration in the EES from day one at all their border crossing points simultaneously should be able to do so.
2. Having said that, Member States that instead decide to use a gradual roll-out of the EES should be allowed more flexibility than foreseen in the Commission proposal. Instead of starting from at least 10 % from day one, Member States should be allowed to build up to 10 % in the first 30 days of the progressive start of operations. And instead of registering at least 50 % of the estimated number of border crossings in the EES by day 90, they should reach at least 35 %. These adjusted percentages reflect the reality that the roll-out of new complex systems is normally exponential, not linear.
3. The rapporteur underlines that the roll-out of the Member States should no longer be held back by limitations at the central component of the EES, managed by eu-LISA.
4. The rapporteur clarifies certain provisions regarding the roll-out plan and monthly reporting requirements, the base on which the percentages are calculated and information flows during any possible suspension of the system’s use
5. The rapporteur reduces the proposed period after the progressive start of operations during which Member States can partially suspend operating the EES and emphasises that the Member States who have not yet issued their declarations of readiness must now urgently do this in order to allow the system to start in the autumn of 2025 – a low period for cross-border travel.