Commission says EES border rollout a matter for Spain with six-month flexibility

The EU’s new automated border control system will begin its phased rollout from October, but the decision on whether it will be implemented at the Gibraltar border will rest with Spanish authorities, the European Commission has confirmed.

The Commission said member states would have six months to progressively implement the new system, and that Spain would determine how to apply the rules at its external borders, in line with the relevant legal framework.

The Commission made the statement in response to questions from this newspaper regarding the interim period between the start of the EES and the ratification of a UK-EU treaty on Gibraltar.

“The details of the EU-UK agreement on Gibraltar are currently being finalised,” a Commission spokesperson told the Chronicle.

“The EES will be deployed progressively across the external borders of the Member States over a period of six months starting in October.”

“It is for Spain to decide how to roll out the EES at the external borders in line with the provisions of the applicable legal framework.”

Spain, the UK, the European Commission and Gibraltar have in place interim arrangements that allow holders of Gibraltar’s red ID cards to cross into Spain without undergoing full checks applicable to non-EU nationals.

This avoids the stamping of passports, which could trigger the 90-in-180-day stay limit, and removes the need to provide additional travel documentation.

Gibraltar authorities also continue to allow EU nationals to enter with an ID card rather than a passport.

The Spanish Government has said these arrangements are consistent with EU law and do not raise security concerns.

While negotiators aim to finalise the treaty text by October, the current approach at the border suggests steps will be taken to avoid disruption during the rollout of the EES.

The EU’s original plan had been for a ‘big bang’ rollout of the EES last November at all external EU borders, including ports and airports.

But many countries were not ready and the plans were delayed amid fears of chaos at immigration controls across the EU.

Against the backdrop of those concerns, the EU earlier this year finally opted for a staggered approach over a period of six months as from October, although it did not specify a date at the time.

That will offer Spain a degree of flexibility as to what steps it takes at the border with Gibraltar.

Under the proposed phased deployment of the new system, EU member states will progressively start operating the EES and work towards a minimum registration of 10% of border crossings after the first month.

For the first 60 days, member states may operate the EES without biometric functionalities.

After three months, member states should operate the EES – with biometric checks – at a minimum of half of their border crossing points.

EU countries should reach full registration of all individuals by the end of the period of the progressive start of EES operation.

Until the end of the transition period, member states will also continue to manually stamp travel documents.

Last week it was widely reported that the EU had set October 12 as the launch date for the EES, but the Commission spokesperson told the Chronicle a specific date had yet to be confirmed.

“By the end of July, the Commission will formally set the start date for the launch of the Entry/Exit System, scheduled to take place in October 2025,” the spokesperson said.

“Relevant announcements will be made following the decision [and] the EES webpage will be promptly updated as soon as the decision will be made.”