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REPORT (COM(2024)0567 – C100207/2024 – 2024/0315(COD))

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

A-10-2025-0082

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Assita Kanko

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the proposed regulation sets rules for a progressive start of operations of the Entry/Exit System (EES), derogating temporarily from the EES Regulation and the Schengen Borders Code. It allows Member States to phase in EES use over 180 days, with minimum thresholds for registering border crossings and deploying biometric functionalities, and requires roll-out plans and monthly reports. During this period, travel documents must be systematically stamped, and national authorities must disregard certain automated EES outputs, such as overstayer lists and stay-duration calculators. The regulation also allows temporary suspensions of EES operations under certain conditions and extends some derogations beyond the 180-day period.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes to amend the Commission proposal to allow more flexibility in the phased roll-out, adjusting thresholds and clarifying reporting and suspension rules.

Key points

  1. The progressive start of operations lasts 180 calendar days from the date set by the Commission for EES start, during which Member States may phase in use at border crossing points.
  2. eu-LISA must provide a high-level roll-out plan within 30 days of the regulation's entry into force, and Member States must develop national roll-out plans within 60 days.
  3. Member States must register at least 10% of estimated border crossings by day 30, 35% by day 90, 50% by day 150, and all by day 170.
  4. Biometric functionalities are optional for the first 60 days, mandatory at half of border points by day 90, and at all by day 150.
  5. Travel documents must be systematically stamped on entry and exit during the progressive start, and stamps prevail over EES data in case of discrepancy.
  6. National authorities and Europol must disregard automated calculator results and overstayer lists during the progressive start.
  7. Member States may suspend EES operations fully or partially in case of system failure or excessive waiting times, notifying the Commission and eu-LISA within 6 hours.
  8. After the progressive start, partial suspension for excessive waiting times is allowed for 60 days, with a maximum of 4 hours per day.
  9. The regulation ceases to apply 180 days after EES start, but certain derogations last longer: 5 years and 180 days for transitional measures and data access, 360 days for carrier stamp verification, and 240 days for suspension rules.

Who is affected

  • Member States operating the EES must follow phased roll-out requirements and reporting obligations.
  • Third-country nationals subject to EES registration face systematic stamping and may not be able to verify stay duration electronically.
  • Carriers must verify stamps in travel documents during the progressive start and for 180 days after.
  • eu-LISA and the Commission have new planning, monitoring, and guideline duties.
  • Europol and the European Border and Coast Guard Agency face restrictions on using EES data for certain purposes.

Figures and deadlines

  • 180 calendar days: duration of the progressive start of operations.
  • 10% of estimated border crossings to be registered by day 30.
  • 35% by day 90, 50% by day 150, and all by day 170.
  • 60 days: period when biometric functionalities are optional.
  • 90th day: biometrics at half of border points; 150th day: at all.
  • 6 hours: deadline to notify suspension reasons.
  • 60 days after progressive start: partial suspension allowed, max 4 hours per day.
  • 5 years and 180 days: end of certain derogations.

Legal basis: Article 77(2) points (b) and (d) and Article 87(2) point (a) of the Treaty on the Functioning of the European Union