Urgent recommendations for the successful implementation of the EES

Brussels, 25 September 2024

Ms Ylva Johansson Commissioner for Home Affairs European Commission Rue de la Loi / Wetstraat 200 1049 Brussels Belgium

CC: Mr Wopke Hoekstra, European Commissioner in charge of Transport Schengen Home Affairs Ministers Schengen Transport Ministers Schengen Director General of Civil Aviation (DGCAs)

Subject: Urgent Recommendations for the Successful Implementation of the Entry-

Exit System (EES)

Dear Commissioner Johansson, On behalf of A4E, ACI EUROPE, ERA and IATA — associations representing the global aviation sector operating in Europe — we would like to express our continued commitment to supporting the successful implementation of the Entry-Exit System (EES). Over the past years, our organizations have worked closely with the European Commission and the Member States to ensure its smooth introduction. As you are aware, the start of operations for the EES will have significant implications for the aviation sector. We share a common objective with the Commission and Schengen States: to ensure a seamless and effective implementation that avoids unnecessary disruptions for travellers, border authorities, airlines, and airports alike. In light of recent indications from the European Commission that it is considering formally confirming the 10 November target date for the start of operations - despite several Member States indicating they are unable to declare their readiness, other having declared their readiness with conditionalities and the absence of end-to-end tests (with passengers) - we are urging you to consider the attached urgent considerations and recommendations, which are aimed at securing operational readiness and mitigate potential disruptions. We look forward to discussing them with your services during our meeting next week. Yours sincerely,

Ourania Georgoutsakou Olivier Jankovec Managing Director Director General A4E ACI EUROPE

2

Montserrat Barriga Rafael Schvartzman Director General Regional Vice-President for Europe ERA IATA

Annex. About A4E (Airlines for Europe) Launched in 2016, Airlines for Europe (A4E) is Europe’s largest airline association, based in Brussels. The organisation advocates on behalf of its members to help shape EU aviation policy to the benefit of consumers, ensuring a continued safe and competitive air transport market. With more than 720 million passengers carried each year, A4E members account for more than 70 per cent of the continent’s journeys, operating more than 3,000 aircraft and generating more than EUR 130 billion in annual turnover. Members with air cargo and mail activities transport more than 5 million tons of goods each year to more than 360 destinations either by freighters or passenger aircraft. Current members include Aegean, airBaltic, Air France- KLM Group, Cargolux, easyJet, Finnair, Icelandair, International Airlines Group (IAG), Jet2.com, Lufthansa Group, Norwegian, Ryanair Holdings, Smartwings, TAP Air Portugal, TUI and Volotea. In 2019, A4E was named “Airline & Aviation Business Development Organisation of the Year” by International Transport News.

About Airports Council International (ACI EUROPE) ACI EUROPE is the European region of Airports Council International (ACI), the only worldwide professional association of airport operators. ACI EUROPE represents over 500 airports in 55 countries. Our members facilitate over 90% of commercial air traffic in Europe. In response to the Climate Emergency, in June 2019 our members committed to achieving Net Zero carbon emissions for operations under their control by 2050, without offsetting. About the European Regions Airline Association (ERA) Founded in 1980, European Regions Airline Association (ERA) is a non-profit trade association representing 50+ airlines plus

around other 150 companies involved in European air transport, and is the only association that bring together the entire

spectrum of companies involved in European aviation. The association supports and defends the airline industry in providing

safe, efficient and sustainable air connectivity to all regions of Europe. By lobbying European regulatory bodies on policy

matters, ERA promotes and protects social responsibility, environmental sustainability and the development of regional

economies and local communities.

About IATA (International Air Transport Association) The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 320

airlines or 83% of total air traffic. We support many areas of aviation activity and help formulate industry policy on critical

aviation issues.

Urgent Recommendations

for the Successful Implementation of the EES: Ensuring Readiness and Minimising Operational Disruptions

The start of operations for the Entry-Exit System (EES) will significantly impact border

management, transport stakeholders, and the passenger experience. It is the European

Commission’s responsibility to decide on the date of launch. However, we warn that

without decisive action, there will be significant disruption to transport in Europe.

At this stage, airports and airlines across Europe remain extremely concerned by the

prospect of a start of operations on 10 November 2024 (target date still to be confirmed)

given that:

- 3 Member States have not been able to confirm their readiness as required

under the applicable EU Regulation1 and have reported instability or uncertainties

with key functionalities of the central system;

- Other Members States that have reported their readiness have done so

under conditionalities which relate to the functioning of the central system and

- Anomalies and/or limitations in the test environment have prevented

reliable end-to-end testing in all Member States. In fact, no Member State

has been able to conduct end-to-end testing, despite this being an explicit

requirement under the applicable EU Regulation.

It is increasingly unlikely that the EES pre-registration app will be ready for

deployment at national level before EES entry into operation. In addition and in relation

to the above, we wish to recall that according to the applicable EU Regulation the

European Commission should set a definitive operational launch date for the EES only

when:

i) eu-LISA has declared the successful completion of a comprehensive test of

the EES in cooperation with Member States, and

ii) Member States have all confirmed their full technical and operational

readiness at all Border Crossing Points (BCP), measured and tested against

harmonised and objective criteria.

On the basis of the above, ACI EUROPE, A4E, ERA and IATA hereby warn that

confirming a start of operations for 10 November 2024 would entail widespread

disruptions across the European aviation network – hurting severely the passenger

experience, affecting airport and airline operations and compromising effective border

management. This would as a result negatively impact the standing and credibility of the

EU. Any alternative start of operations date shall in any case ensure that there is

sufficient time for the above-mentioned issues to be resolved and that the launch date

does not coincide with the traffic peak period.

1 Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing

an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011

Therefore, we consider that any start of operations should only be confirmed based on

the following:

1. Effective and successful end-to-end testing with passengers conducted in

all Member States. Indeed, we strongly emphasise that all the conditions

stipulated by the applicable Regulation must be strictly adhered to before the EES

enters into operation.

2. Sufficient advance notice to operational stakeholders (at least 2 months).

3. Additional flexibility confirmed to limit as much as possible significant

disruptions and in particular negative impacts on Passenger Processing

Times and Operations, as repeatedly called for over the past years by the

industry.

Based on Article 9 of the Schengen Borders Code2 and Article 21 of the EES

Regulation, a well-structured mechanism for flexible border management should

be established through clear guidance for border guards.

This mechanism should allow Member States, in a coherent manner, to gradually

create portions of EES records with biometric data, either upon entry or

exit.

Considering the above mentioned shortcomings and concerns which are significant

and the related operational disruptions and difficulties they might entail at BCPs

located at airports, such mechanisms are an absolute necessity.

On this basis, we consider the following tools to be an absolute minimum:

i) Gradual Increase in the Scope of the Capture of Biometric Features

The simplified entry into the EES central system and the creation of

individual files involve the recording and storage of biographical data

(surname, first name, type, number, and expiry date of the travel

document) along with the date, time, and place of entry and exit – and

must be available at manual booths and ABC gates without significant

impact on passenger flows.

The creation of individual files or the capture of biometric data should start

for predefined Third-Country Nationals (TCN), as detailed in the table

below:

Period Capture of biometric data Comments

Start of operations Visa holders only The capture of the biometric data of

these travellers is facilitated by the

information already captured and

contained in their visa

Increased scope 1

( 6-9 months after

start)

Visa holders + list of additional

categories of TCN to be

determined

Additional categories of TCN to be

agreed by the European Commission

and the Member States

Increased scope 2

(12-18 months after

All TCN

2 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on

the rules governing the movement of persons across borders (Schengen Borders Code)

increased scope 1)

ii) Flexibility in Case of Excessive Waiting Times at Border Control

• When waiting times at BCPs become excessive and all resources (staff,

facilities, and organisation) have been exhausted a fallback procedure

will allow border guards to complete these tasks as soon as possible.

• The fallback procedure will record and store biographical data

(surname, first name, type, number, and expiry date of the travel

document) as well as the date, time, and place of entry and exit. The

calculation of the authorised stay duration, the generation of alerts

when the authorised stay has expired, the recording and storage of

entry refusals, and the detection and investigation of terrorist offenses

and other serious criminal offenses will not be jeopardised.

• The fallback procedure will allow biometric data to be entered into the

EES at the next border crossing.

• The decision to trigger the fallback procedure will be made by the

border guard in charge at the BCP, based on conditions clearly defined

by the European Commission and agreed by the Member States before

the start of EES operations.

• All efforts should be done to minimize the burden placed on Member

States when executing the flexible approach.

• Attention should be given to ensure that the activation of the fall-back

procedure on entry, does not result in an additional burden on exit.

Delaying the outbound journey from Member States will seriously

damage operations and Schengen connectivity. Where possible,

transport operators will liaise with border guards to monitor and provide

information on expected waiting times at BCP.

iii) Evaluation of other proposed measures to alleviate pressure on border

crossing points.

• Maintain the existing offering of Automated Border Control (ABC) to

currently eligible third-country nationals, even on their first border

crossing point after EES is operational.

• Additional scenarios in which the activation of flexible border

management could be possible (e.g. connecting passengers, traffic

peak times).

Points i) and ii) and iii) should be applied cumulatively, as they are not mutually

exclusive.

4. Other measures & accompanying tools also needed to mitigate the impact

on Passenger Processing Times and Operations:

i) It is crucial to finalise and deploy the pre-registration app at both the

European and national levels well in advance of the start of operations.

Based on the information currently available – we understand that this will

not be the case. We therefore ask for sufficient time for the app to be

available and operational, by allowing Member States sufficient time to

develop the front-end of the app ahead of launch.

ii) Measures must be taken to avoid double-verification at the border,

which is essential for both efficiency and the passenger experience. These

measures should be clearly defined and implemented well ahead of the EES

launch. While the Commission has indicated that such measures are being

considered, we need confirmation of their adoption and effective

deployment both at manual booths and ABC gates in advance of the start

of operation.

iv) A robust communication campaign for passengers and transport

stakeholders, including signage at BCP, should be put in place as soon as

possible. Apart from an information pack for air carriers, we have to date

received no information whatsoever on such a campaign.

v) Border Crossing Points must be sufficiently staffed to guarantee

acceptable throughput levels that do not jeopardise operations or

negatively affect the passenger experience. We are extremely concerned

that this will not be ensured in most BCP at Schengen airports.

vi) A default 24/7 phone support line from the European Commission or its

agencies for carriers must be in place before the system goes live. The

planned support for carriers, which relies on a web-based ticketing tool, is

highly inadequate for assisting travellers in real time. Combined with the

delayed official communication campaign to the public, this will negatively

affect the passenger experience and seriously disrupt carrier operations at

departure.

vii) Well ahead of the EES launch, a solution shall be provided to ensure

that air crew members that do not hold a Crew Member Certificate

(CMC), are not impacted by the launch of the system.

The aviation industry firmly believes that implementing the above-mentioned measures

is vital for ensuring the successful rollout of the EES and the overall efficiency of

European border operations

Brussels, 25 September 2024

About A4E (Airlines for Europe) Launched in 2016, Airlines for Europe (A4E) is Europe’s largest airline association, based in Brussels. The organisation advocates on behalf of its members to help shape EU aviation policy to the benefit of consumers, ensuring a continued safe and competitive air transport market. With more than 720 million passengers carried each year, A4E members account for more than 70 per cent of the continent’s journeys, operating more than 3,000 aircraft and generating more than EUR 130 billion in annual turnover. Members with air cargo and mail activities transport more than 5 million tons of goods each year to more than 360 destinations either by freighters or passenger aircraft. Current members include Aegean, airBaltic, Air France-KLM Group, Cargolux, easyJet, Finnair, Icelandair, International Airlines Group (IAG), Jet2.com, Lufthansa Group, Norwegian, Ryanair Holdings, Smartwings, TAP Air Portugal, TUI and Volotea. In 2019, A4E was named “Airline & Aviation Business Development Organisation of the Year” by International Transport News.

About Airports Council International (ACI EUROPE) ACI EUROPE is the European region of Airports Council International (ACI), the only worldwide professional association of airport operators. ACI EUROPE represents over 500 airports in 55 countries. Our members facilitate over 90% of commercial air traffic in Europe. In response to the Climate Emergency, in June 2019 our members committed to achieving Net Zero carbon emissions for operations under their control by 2050, without offsetting. About the European Regions Airline Association (ERA) Founded in 1980, European Regions Airline Association (ERA) is a non-profit trade association representing 50+ airlines plus

around other 150 companies involved in European air transport, and is the only association that bring together the entire

spectrum of companies involved in European aviation. The association supports and defends the airline industry in providing

safe, efficient and sustainable air connectivity to all regions of Europe. By lobbying European regulatory bodies on policy

matters, ERA promotes and protects social responsibility, environmental sustainability and the development of regional

economies and local communities.

About IATA (International Air Transport Association) The International Air Transport Association (IATA) is the trade association for the world’s airlines, representing some 320

airlines or 83% of total air traffic. We support many areas of aviation activity and help formulate industry policy on critical

aviation issues.