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In detail: Who is exempt from Europe’s EES passport checks?

The EU's new biometric passport system known as EES is due to go live in the autumn, but there is a long list of people who will be exempt from the system's requirements - here's an in-depth look.

In detail: Who is exempt from Europe's EES passport checks?
Big changes are coming to passport checks at the EU's external borders. Photo by ERIC PIERMONT / AFP

In the autumn of 2024, the EU will put in place – if there are no further delays – a new border system to digitally register the data of non-EU citizens every time they enter and exit the external Schengen borders.

Passports will no longer be manually stamped, but will be scanned.

The EU Entry/Exit System (EES) aims to increase security and ensure that short-term visitors do not stay more than 90 days in any 180-day period.

You can read a full explanation of how it works HERE and see our frequently-asked-questions section HERE.

Under the system, non-EU travellers will have to register their data in an EU-wide database and, at the first crossing, fingerprints and photos will have to be taken in front of a guard.

This has caused concerns of long queues, especially in the UK, where there are juxtaposed border controls.

READ ALSO Why is the UK-France border such a problem for EES?

But many people will not need to register in the EES database.

Who will be exempt?

The general rule is that the EES will apply to travellers to European countries for no more than 90 days in any 180-day period – so that would include tourists, people visiting family or friends or second-home owners who do not have a visa.

The European Commission website lists the groups of people who will not need to register with the EES.

These include;

  • Citizens of a European Union country or Iceland, Liechtenstein, Norway and Switzerland – this includes dual nationals, but they would have to be travelling on their EU/EEA passport in order to benefit.
  • Citizens of Andorra, Monaco and San Marino and holders of a passport issued by the Vatican or the Holy See
  • Non-EU nationals who hold residence permits and long-stay visas
  • Non-EU nationals who are family members of EU citizens and hold a residence card
  • Non-EU nationals who are family members of non-EU citizens who have free movement rights and hold a residence card or a residence permit.

For clarity, EU rules consider family members in this context a spouse, a registered partner if the applicable legislation treats registered partnerships as equivalent to marriage, direct descendants who are under the age of 21 or are dependants, those of the spouse or the registered partner, dependent direct relatives in the ascending line, as well as those of the spouse or registered partner.

The rules are clear that non EU/EEA citizens will be be required to complete EES registration, but among the exempt groups of non-EU citizens, probably the biggest group is non-EU citizens who are resident in an EU country with a visa or residency card – for example Brits living in Spain, Americans living in Italy, Canadians living in France etc.

Also excluded from the EES are;

  • Persons exempt from border controls, such as cross-border workers, or with certain benefits regarding border checks, such as heads of State, heads of government, members of national government with accompanying spouses, members of their official delegation, sovereigns and other senior members of a royal family
  • Non-EU nationals travelling to Europe as part of an intra-corporate transfer or for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au-pairing under the EU blue card
  • Those holding a valid local border traffic permit which allows regular crossings from certain bordering EU external regions (e.g. between Ceuta and Melilla and the Moroccan provinces of Tetuan and Nador)
  • Crew members of passenger and goods trains on international connecting journeys
  • Persons holding a Facilitated Rail Transit Document or Facilitated Transit Document (for people who must cross the territory of one or more EU countries in order to travel between two parts of their own country, e.g. for the Russian exclave of Kaliningrad on the Baltic Sea), as long as they travel by train and do not disembark anywhere within an EU member state.

Which countries will use EES?

The EES will be used by 29 European countries; 25 EU Member States (Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden) and the 4 Schengen associated countries (Iceland, Lichtenstein, Norway and Switzerland).

EES is only used at EU external borders – travel within the EU or Schengen zone (eg between Spain and Sweden, or France and Switzerland or Italy and Germany) does not involve EES. It’s only when crossing an EU/Schengen zone external border that the checks are required.

However guidance provided by the EU border agency Frontex for air, sea and land carriers, which will be responsible for some of the checks, provides details on some geographical exemptions.

Ireland and Cyprus are EU members that do not use the EES. Visitors to these countries will not need to register in the EES, but if they travel from there to Schengen countries they will.

The same applies to Norway’s Svalbard and Finland’s Aland Islands.

Visitors from outside the EU to Greenland and the Faroe Islands will be checked against the EES, but this won’t be needed when travelling to and from other EU and Schengen countries. The same applies to the Azores, Madeira and the Canary Islands.

Ceuta and Melilla are Spanish territories where the Schengen visa policy applies. Travellers from a third country to Ceuta or Melilla, as well as from either town to Spain or any other European country that uses the EES, will be checked against the database. Travellers from EES countries to these territories, however, will not.

The French overseas territories – including Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin – are not part of Schengen zone, so the EES will not apply but visitors will be checked when travelling from there to EES countries. The same applies for the Netherlands’ overseas territories. 

You can find more detail on EES and its application in our EES passport checks section.

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TRAVEL NEWS

Flights resume after global IT crash wreaks havoc

Planes were gradually taking off again Saturday after global airlines, banks and media were thrown into turmoil by one of the biggest IT crashes in recent years, caused by an update to an antivirus programme.

Flights resume after global IT crash wreaks havoc

Passenger crowds had swelled at airports on Friday as dozens of flights were cancelled after an update to a programme operating on Microsoft Windows crashed systems worldwide.

By Saturday, officials said the situation had returned virtually to normal in airports across Germany and France, as Paris prepared to welcome millions for the Olympic Games starting on Friday.

Multiple US airlines and airports across Asia said they had resumed operations, with check-in services restored in Hong Kong, South Korea and Thailand, and mostly back to normal in India, Indonesia and at Singapore’s Changi Airport as of Saturday afternoon.

CrowdStrike apologises

Microsoft estimated Saturday that 8.5 million Windows devices were affected in the global IT crash, adding that the number amounted to less than one percent of all Windows machines.

READ ALSO: Air passengers ‘in limbo’ as global IT crash grounds flights

“While the percentage was small, the broad economic and societal impacts reflect the use of CrowdStrike by enterprises that run many critical services”, it said.

Microsoft said the issue began at 1900 GMT on Thursday, affecting Windows users running the CrowdStrike Falcon cybersecurity software.

In a Saturday blog post, CrowdStrike said it had released an update on Thursday night that had caused a system crash and the infamous “blue screen of death” fatal error message.

CrowdStrike said it had rolled out a fix for the problem, and the company’s boss, George Kurtz, told US news channel CNBC he wanted to “personally apologise to every organisation, every group and every person who has been impacted”.

The company also said it could take a few days for things to fully get back to normal.

Britain’s National Health Service was hobbled by the crash on Friday, preventing doctors from accessing patient records and booking appointments.

A “majority of systems… are now coming back online in most areas, however they are still running slightly slower than usual”, an NHS spokesperson said, warning of disruption continuing into next week.

READ MORE: Global IT glitch starts to cause travel chaos in Spain

Media companies were also hit, with Britain’s Sky News saying the glitch had ended its Friday morning news broadcasts. Australia’s ABC also reported major difficulties.

Australian, British and German authorities warned of an increase in scam and phishing attempts following the outage, including people offering to help reboot computers and asking for personal information or credit card details.

Banks in Kenya and Ukraine reported issues with their digital services, some mobile phone carriers were disrupted and customer services in a number of companies went down.

“The scale of this outage is unprecedented, and will no doubt go down in history,” said Junade Ali of Britain’s Institution of Engineering and Technology, adding that the last incident approaching the same scale was in 2017.

Flight chaos

While some airports halted all flights, in others airline staff resorted to manual check-ins for passengers, leading to long lines and frustrated travellers.

Thousands of US flights were grounded, although airlines later said they were re-establishing their services and working through the backlog.

A senior US administration official said Friday that “our understanding is that flight operations have resumed across the country, although some congestion remains”.

India’s largest airline Indigo said Saturday that operations had been “resolved”, adding in a statement on X that the process of resuming normal operations would “extend into the weekend”.

Low-cost carrier AirAsia said it was still trying to get back online and had been “working around the clock towards recovering its departure control systems”.

Chinese state media said Beijing’s airports had not been affected.

‘Common cause’

Companies were left patching up their systems and trying to assess the damage, even as officials tried to tamp down panic by ruling out foul play.

According to CrowdStrike’s Saturday blog, the issue was “not the result of or related to a cyberattack”.

Although CrowdStrike had rolled out a fix, many experts questioned the ease of such a process.

“While experienced users can implement the workaround, expecting millions to do so is impractical,” said Oli Buckley, a professor at Britain’s Loughborough University.

Other experts said the incident should prompt a widespread reconsideration of how reliant societies are on a handful of tech companies.

“We need to be aware that such software can be a common cause of failure for multiple systems at the same time,” said John McDermid, a professor at York University in Britain.

Infrastructure should be designed “to be resilient against such common cause problems”, he added.

For more detailed country specific information, head to the homepage for The Local France, Germany, Spain, Italy, Austria, Switzerland, Sweden, Norway or Denmark.

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