Doubts Raised over EU Border Control Rule Changes

Implementation of the European Union’s new digital border control process appears to be taking longer than anticipated, with some airports delaying the use of technology to collect biometric data for non-EU visitors to the Schengen Area. Rollout of the Entry/Exit System (EES) process started in October and is supposed to be fully operational in 29 states by April 10.

From January 16, the European Commission (EC) has expected at least 35% of non-EU travelers to be using the system, which requires an initial enrollment using machines in airport border control areas. However, several airports, including Lisbon in Portugal, have suspended implementation after experiencing severe delays in processing airline passengers. The rules apply to some business aircraft flights. 

According to the European branch of Airports Council International, border control processing times have increased by around 70% at locations where EES is in use, with waiting times of up to three hours during peak travel periods. The EC has insisted that the process is largely going smoothly and has shown no willingness to push back the April 10 mandate for full implementation.

In tandem with EES, which records when passengers enter and exit the Schengen Area, the EU is also preparing to implement the European Travel Information and Authorization System (ETIAS) in the fourth quarter of this year. This is similar to the U.S. ESTA visa waiver program and requires travelers to verify their right to enter on this basis no earlier than 48 hours prior to arrival.

Part 135 Ops Must Comply

In addition to airlines, the EES and ETIAS requirements apply to all Part 135 commercial charter flights, with the onus being on the operator to ensure all passengers are compliant. However, according to a guide issued by the OpsGroup on January 16, there remains some potential confusion among business aircraft operators.

Earlier this month, the EU issued new guidance on the distinction between different categories of private flight. This came from the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security, and Justice (EU-LISA).

The EES process covers 25 of the EU member states, plus Iceland, Liechtenstein, Norway, and Switzerland. ETIAS will also apply to Cyprus, which is an EU member but not part of the Schengen border control area.

According to information released by the OpsGroup, privately operated flights that are not open for public use, with a crew hired directly by the aircraft owner, do not need to comply with EES and ETIAS obligations. By contrast, flights involving private aircraft managed by a professional operator or by a commercial charter operator are covered by the new border control requirements, even if the flights are not open for public use.

“Therefore, if you transport solely the owners of the plane and their guests, you will not need to register with EU-LISA,” the OpsGroup guide’s author, David Mumford, reported. He added that several operators have chosen to register for the process even if the nature of their flights would not require it, simply because it provides a way to confirm passenger documentation to ensure a smooth arrival process.