Marco Mazzeschi
MAZZESCHI SRL, Milan
mm@mazzeschi.it

Introduction: What is EES?

The Entry/Exit System (EES) will be deployed gradually across the external borders of the 29 European countries which are part of the Schengen area over a period of six months. This progressive implementation will last until 10 April 2026.

Which countries will adopt the EES?

The EES shall be adopted by the countries that are part of the Schengen area which includes the following 29 countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and Switzerland.

How will the EES work?

The EES will:

1. provide precise information on the maximum duration of authorised stays;
2. replace the need for passport stamping (with exceptions in fallback situations); and
3. should reduce waiting times in passport control queues by introducing automated border controls, although initial biometric enrolment may increase processing times.

The EES also makes it easier to identify people:

1. who have stayed for longer than permitted (overstayers);
2. who are using fake identities or passports; and
3. who have no right to enter the European countries using the EES.

To whom shall the EES apply?

The EES applies to non-EU nationals travelling for a short stay who either:

a) possess a short-stay visa; or

b) do not need a visa to stay for a maximum of 90 days in any 180-day period.

Holders of long-stay visas or residence permits are explicitly excluded. In addition, nationals of Schengen-associated states that are not EU members (Iceland, Liechtenstein, Norway and Switzerland) are also excluded from the EES.

How long can you stay in the Schengen area?

Third-country nationals (eg, a person who is not a citizen of the EU or Iceland, Liechtenstein, Norway nor Switzerland) irrespective of being visa required or exempt, who intend to travel to the Schengen area for a short trip, business or tourism, can stay for a maximum of 90 days in any 180 day period.

How are the 90/180 days calculated?

A total stay in the Schengen area must be no more than 90 days in every 180 days. It does not matter how many countries are visited. The 180-day period keeps ‘rolling’.

Date of entry shall be considered as the first day of stay in the territory of the Schengen member state. Date of exit shall be considered as the last day of stay in the Schengen Area.

This rule applies only to short-term visitors. Periods of stay authorised under a residence permit or a long-stay visa shall not be taken into account in the calculation of the duration of stay on the territory of the member states. Reference to ‘any 180-day period’ implies the application of a ‘moving’ 180-day reference period, looking backwards at each day of the stay (be it at the entry or at the day of an actual check), into the last 180-day period, in order to verify if the 90/180-day requirement is fulfilled.

To work out if a stay is within the 90 day limit, the following steps should be followed:

1. Check the date of leaving the Schengen area on the trip.
2. Count back 180 days from that date to find the start of the 180-day period.
3. Add up the number of days already spent in the Schengen area in that 180-day period (use the dates stamped in passports showing country entry and exit dates).
4. Work out how many days will be spent in the Schengen area on the next trip. Add this number to the number of days in step 3.
5. Check that the total number of days is not more than 90.

What happens if you overstay the 90 days?

A non-EU national who stays in the Schengen area beyond 90 days without a residence permit or long-stay visa is considered to be illegally present, which can result in a re-entry ban into the Schengen area. Working in the Schengen area without a work permit is also illegal (even if for less than 90 days) and can likewise result into a re-entry ban to the Schengen area. Depending on each member state, administrative and monetary penalties may also apply.