To whom and where does the EES apply?

Who is the EES for?

In general, the EES applies to all third-country nationals, both those who are visa-exempt as well as those who require a visa to travel for a short stay in the Schengen area.

In detail, the EES applies to the following persons:

• Third-country nationals who are admitted for a short stay and have to undergo border checks at the border crossing points where the EES is used because they are entering or leaving the territory of the Member States.
• Family members of Union citizens or third-country nationals who are entitled to freedom of movement and whose family members do not hold a valid residence permit or a valid residence card.
• Holders of a temporary residence permit that has been issued, for example, for the duration of the examination of an application for asylum or for the issue or extension of a residence permit.
• Holders of a Schengen Visa (EU standardised format pursuant to Art. 5 EU Regulation 1683/95) if the total duration of their stay in one or more member states does not exceed 90 days or if only transit through the territory of this member state or the transit zone of an airport is permitted.
• Third-country nationals who are refused entry for a short stay in accordance with Art. 14 of Regulation (EU) 2016/399 because they have not met the entry requirements

Excluded from the scope of the EES are:

• Third-country nationals who are family members of Union citizens or third-country nationals who are entitled to freedom of movement and who, as family members, hold a valid residence permit or a valid residence card regardless of whether they are accompanying or joining the person.
• Holders of a valid residence permit.
• Holders of other documents issued by a Member State of the EU to a third-country national which constitute authorisation to reside on its territory, provided that the documents have been made available and made public in accordance with the relevant provisions.
• Persons with a valid border crossing authorisation for local border traffic in accordance with Regulation (EC) 1931/2006.
• Other persons and groups of persons who are exempt from border checks or who are granted special arrangements when crossing the border: e.g. heads of state, border commuters, pilots, seafarers, passengers on cruise ships or pleasure boats.

Note: a complete list can be found in Art. 6a (3) (g) of Regulation (EU) 2017/2225 and additionally Annex VII to Regulation (EU) 2016/399 in conjunction with Regulation (EU) 2017/2225.

Where does the EES apply?

The EES is enforced at the external borders within the meaning specified in the EES Regulation of the EU member states and the Schengen area.

Member States fully implementing the Schengen acquis shall apply the EES at their internal borders within the meaning specified in the EES Regulation with Member States that have not yet fully implemented the Schengen acquis, regardless of whether they are participating in the operation of the EES or not.

The following countries will be participating in the EES:

• Without restrictions: Austria, Belgium, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden

With some special arrangements, the following member states, associated states and Schengen participants: Iceland, Liechtenstein, Norway (except Svalbard), Switzerland as well as Bulgaria, Romania, Cyprus, Croatia, Denmark and Ireland