What is the Entry Exit System and how does it work?
As of 12 October 2025, the (relatively) new Entry/Exit System (EES) has become operational. This automated IT system, adopted by 29 European countries applying the Schengen acquis (not to be confused with the Member States of the European Union), requires the electronic registration of entry and exit data for third-country nationals crossing the external borders of the Schengen Area for short-term stays.
Member States will gradually introduce this system at their external borders, with data collection being implemented in successive phases until the system reaches full operational capacity by 10 April 2026.
Legal Basis: Regulation (EU) 2017/2226
The legal basis of the EES is Regulation (EU) 2017/2226 of 30 November 2017, establishing an Entry/Exit System for the registration of entry and exit data, as well as refusal of entry data, of third-country nationals crossing the external borders of the Member States.
The Regulation also lays down the conditions of access to the system for the purpose of combating identity fraud and irregular migration, and amends the Convention implementing the Schengen Agreement, as well as Regulations (EC) No 767/2008 and (EU) No 1077/2011.
Scope of Application of the Entry/Exit system
The scope of application covers all third-country nationals (i.e., non-EU and EU non-Schengen nationals) travelling for a short stay in a European country that applies the EES, who either:
- are in possession of a short-stay visa, or
- do not require a visa for a stay of up to 90 days within any 180-day period, pursuant to international agreements with the European Union.
The exceptions to this regime are listed in Article 2(3) of Regulation (EU) 2017/2226. These include, inter alia:
- citizens of the European countries applying the EES, as well as nationals of Cyprus and Ireland;
- third-country nationals holding a residence card and having an immediate family link with an EU citizen;
- third-country nationals holding a residence permit or long-term residence card and having an immediate family link with a third-country national enjoying EU-wide mobility rights;
- third-country nationals entering the EU for intra-corporate transfers, or for research, study, training, volunteering, pupil exchange programmes, educational projects, or au pair placements;
- holders of residence permits or long-stay visas;
- nationals of Andorra, Monaco, and San Marino, as well as holders of passports issued by the Vatican City State or the Holy See;
- persons exempt from border checks or benefiting from specific privileges in this respect (e.g., Heads of State, accredited diplomats, cross-border workers, etc.). Diplomats travelling for short stays may be exempted from EES registration under certain conditions;
- members of the armed forces travelling under NATO or Partnership for Peace arrangements and holding the individual or collective identity and mission documents provided for by the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, as well as accompanying civilian personnel and dependents;
- persons not required to cross external borders exclusively at designated border crossing points or during established opening hours;
- holders of a local border traffic permit;
- train crew members operating international passenger or freight connections;
- holders of a facilitated rail transit document or a facilitated transit document, provided they travel by train and do not disembark at any point within the territory of an EU Member State.
Calculation of the Permitted Period of Stay
The maximum cumulative period of 90 days will be calculated using a rolling 180-day window across all countries applying the EES, even when the traveller stays in different Member States, in accordance with the Schengen acquis.
For convenience, the Schengen Calculator may be referred to for such calculations.
This service is also provided by A&P Law Firm through the Atlasposting software, designed for the management of international assignments. An example is provided below.
For further details, please refer to the dedicated explanatory page of the service.
Data Collected and Recorded by the Entry/Exit System
In addition to the personal data ordinarily contained in the travel document, the EES collects biometric data, in particular facial images and fingerprints (the latter only for visa-exempt nationals), as well as any information concerning refusals of entry.
Refusal to Provide Required Data at Italian Borders
At the national level, the obligation to cooperate in the collection of such data has been implemented through Article 4, paragraph 1-ter of the Consolidated Immigration Act (Legislative Decree No. 286/1998), as amended by Legislative Decree No. 69/2023.
In the event of refusal to provide the requested data, Article 10, paragraph 1 of the same Consolidated Act, concerning refusal of entry, shall apply.
Consequences of Exceeding the Permitted Period of Stay in EES-Applied Countries (so-called “overstay”)
The sanctions that may be imposed include:
- recording in the system as an “overstayer”, with such indication disseminated throughout all participating countries;
- possible adoption of expulsion measures, an order to leave the territory, or escorted removal to the border, while, as a general rule under EU law, voluntary return is to be preferred;
- the imposition of an administrative fine, the amount of which varies according to the legislation of the country where the overstay occurred;
- a possible entry ban into the entire Schengen Area for a specified period, which may range from one to five years in the most serious cases;
- the recording of the irregularity in the system, which may negatively affect future visa or residence permit applications.
Applicable Law and Jurisdiction
The applicable legislation shall be that of the State of last presence, i.e. the State from which the individual is required to exit the Schengen Area. The assessment of the individual case and the conduct of the person involved in the breach of the relevant legislation (for example, when no period for voluntary departure has been granted or when the return obligation has not been fulfilled) play a key role in determining the discretionary power that each State may exercise in imposing sanctions.
Entry Ban
In the most serious cases, an entry ban may be issued together with a return decision adopted pursuant to Directive 2008/115/EC (the “Return Directive”).
Such an entry ban prohibits re-entry into the entire Schengen Area for a period of up to five years.
With the entry into operation of the EES, these measures are recorded in the digital system, which is accessible to all competent authorities of the participating States, thereby generating an alert in the event of any attempted re-entry during the period of the ban.
The resulting refusal of entry is likewise registered in the system and can be verified and consulted by all authorized entities.
Italian Legislation
With specific reference to Italy, a third-country national who has remained within the Schengen Area for more than 90 days will be subject to the provisions of Title II, Chapter II of the Consolidated Immigration Act, entitled “Border Control, Refusal of Entry and Expulsion.”
Accordingly, the following provisions may apply:
- Article 10, on refusal of entry;
- Article 10-bis, concerning unlawful entry and stay in the national territory, which specifically refers to the provisions on immediate appearance of the accused under Legislative Decree No. 274/2000 (on the criminal jurisdiction of the Giudice di Pace), and establishes a criminal fine ranging from €5,000 to €10,000, excluding the application of Article 162 of the Criminal Code (settlement by payment in minor offences);
- Article 16, “Expulsion as a Substitute or Alternative Sanction to Detention,” which provides for different durations of expulsion in the case of serious criminal convictions, as well as specific exemptions.
The introduction of a digitalized system and the collection of biometric data are expected to significantly enhance the effectiveness of border controls, resulting in a higher number of detected infringements.
Even formal violations of procedures or time limits for stay may therefore lead to expulsion orders, entry bans into the Schengen Area, and, in certain cases, criminal proceedings for breaches of Article 10-bis of the Consolidated Immigration Act.
Irrelevance of Dual Passports
The EES also limits the evasive practice of using dual passports, whereby individuals attempted to re-enter the Schengen Area using a second passport once the 90-day stay period had expired, thereby artificially resetting the calculation period. The new system prevents such circumvention.
Practical Examples for Companies
- Entry and stay in multiple States:
an employee of a UK branch is invited to a subsidiary in Italy for 60 days and subsequently remains within the Schengen Area at a French branch for an additional 60 days. Under the EES, unlike in the past, this overstay will be automatically detected and recorded as such, with all the consequences listed above.
- Invitation letter and corporate accommodation:
an employee holding U.S. citizenship and employed by a supplier company in Uruguay is invited by an Italian subsidiary under a business visa to attend training activities and is accommodated in company-provided housing. If the individual remains ten days beyond the permitted period, the authorities may also assess the potential liability of the host company, in addition to imposing the relevant sanctions described above.
For further details on the business visa, please refer to the dedicated service page.
