Introduction of the Entry/Exit System (EES)
The European Union will introduce the Entry/Exit System (EES) in October. This new system will affect all non-EU citizens, including British and US nationals, entering an EU country.
The EES will replace the manual stamping of passports with an automatic registration system. Non-EU passport holders will have to register their biometric data (fingerprints and photo of face) together with their name, passport details and place of entry and exit to the EU. This system is similar to the ESTA system used in the United States.
Effects on non-EU citizens in Spain
Non-EU citizens residing in Spain are exempt from registering in the EES if they have a valid biometric identity document in the standardized format, in particular the TIE (Tarjeta de Identidad de Extranjero).
Most British residents in Spain have already switched from the green NIE certificate to the TIE after Brexit. However, there are still people using the Green Certificate, a non-biometric document issued before leaving the EU and not covered by the Withdrawal Agreement or the Schengen Border Protection Manual. Therefore, Green Certificate holders may experience delays and problems at the border once the EES is introduced.
We recommend that all non-EU citizens resident in Spain who have not yet received a TIE do so immediately.
Effects on non-EU tourists
Tourists from third countries visiting Spain must register with the EES on arrival. This procedure can lead to travel delays and longer queues at ports and airports. However, these delays should decrease over time as travelers' data will be stored for three years, simplifying the process for returning visitors.
Legal advice
Given the complexity and potential personal impact of these changes, we recommend that non-EU citizens affected by the EES seek legal advice. A lawyer can advise them individually and ensure that they comply with the new regulations to avoid unnecessary complications.
Author:
Dr. Dominic John Patrick Porta, LL.M.
Attorney at Law (Düsseldorf Bar Association n° 52954)
Abogado (ICAIB n° 6645)
dominic.porta@anwaltmallorca.eu
www.anwaltmallorca.eu
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