Commission reinforces EES exemption guidance after incorrect registrations

The European Commission has issued further instructions to Schengen border authorities making clear that Gibraltar residents are exempt from the EU’s Entry/Exit System, following consultations with the Gibraltar Government over incorrect registrations.

The Gibraltar Government said on Tuesday that the guidance made clear residents should neither be registered on EES nor required to interact with the system under the treaty arrangements.

It said it expected the Commission’s instructions to be reflected in operational practice and, in a technical notice, also set out how people already registered could request the deletion of their records.

The move follows numerous reports from Gibraltar identity card and civilian registration card holders, including people incorrectly registered on or after July 15, 2026, when the treaty arrangements took provisional effect.

The Government said information supplied by members of the public had given it and EU authorities a clearer understanding of the scale of the problem and demonstrated the need for action.

Its consultations with the relevant EU authorities on the process for erasing EES records have now concluded.

“Following these consultations, the European Commission has issued further instructions and guidance to the Schengen authorities, making clear that, under the treaty arrangements, Gibraltar residents should not be registered in the EES or be required to interact with the system,” No.6 Convent Place said in the technical notice.

“HMGoG expects this further instruction to be reflected in operational practice.”

The guidance comes amid concerns that incorrect records could cause difficulties for residents travelling through Schengen borders.

The Government said many residents registered on EES were incorrectly shown as still being in the Schengen Area because their departure through the land border into Gibraltar, where there are no immigration controls, had rightly not been recorded.

But some residents using the EU’s online tool to check their remaining permitted stay had found it showed fewer than 90 days remaining, with the number decreasing daily, or no days remaining at all.

They were concerned they could encounter difficulties or be refused entry when travelling through other Schengen borders, such as flying from Gibraltar to London and then onward to Paris.

The Government strongly encouraged those affected to request the erasure of their records as soon as possible to minimise the risk of travel difficulties.

Residents registered on or after July 15 have the right to request deletion, while those correctly registered before that date can also seek erasure now that the treaty arrangements are in place.

Requests should be sent to the competent authorities of the Schengen state where the person’s most recent entry or exit was recorded.

The Gibraltar Government said it cannot remove EES records directly.

Applicants should explain that they hold a Gibraltar identity card or civilian registration card and are exempt from EES registration under the treaty arrangements, No.6 said in the technical notice.

They should provide a scanned copy or photograph of their passport and both sides of their identity or civilian registration card.

The Government has supplied a template letter and a copy of Article 42 of the treaty to support applications.

Individuals should retain any confirmation or correspondence received. They can copy their requests to eesremoval@gibraltar.gov.gi so the Government can monitor progress, and should report any refusal to erase a record to eesinfo@gibraltar.gov.gi.

No.6 said residents should continue carrying their passport and valid Gibraltar identity card or civilian registration card when crossing the Schengen Area’s external borders, presenting both to establish their exemption.

If a border official seeks to register them on EES, they should politely explain that they are exempt under the treaty arrangements. Any registration should be reported to eesinfo@gibraltar.gov.gi.

Anyone refused entry who cannot persuade the border guard of their exemption and explain why their exit through Gibraltar was not recorded should contact the Government immediately at the same address.

British nationals requiring assistance can also contact the nearest British embassy or consulate, or the Foreign, Commonwealth and Development Office, particularly outside normal working hours. Its 24-hour consular assistance number is +44 (0)20 7008 5000.

Further guidance is available at treaty-gov.info.