Over the last few weeks the EBAA has received multiple questions on the EU-LISA programs EES and ETIAS.
UPDATED on 15/06/2022
EBAA Information letter on eu-LISA carriers’ registration process
What is eu-LISA:
The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) has been mandated to launch, over the next two years, two programmes, namely the Entry/Exit System (EES) and the European Travel Information and Authorisation System (ETIAS). These two systems will have a direct impact on the way carriers are processing visa data and authorisation for third-country nationals before entry on the territory of the European states using ETIAS/EES.
Thus, according to EU Regulations 2017/2226 and 2018/1240, and the Commission Implementing Regulations 2021/1217 and 2021/1224, air carriers, among other type of carriers, will have the legal obligation to query EES and ETIAS to receive details regarding the status of travellers within the scope of the two mentioned systems.
What are EES and ETIAS:
- EES is a new large-scale IT system that will enable the recording of entry and exit of third-country nationals (TCN) ) crossing the EU external borders. This system will replace the manual stamping of passports at the border with an electronic record of entries and exits. Carriers will have to verify if a third-country national traveling to the EU with a short-stay, single or double entry visa has already used the number of entries authorised by their visa.
- ETIAS is a new pre-travel online authorisation system for EU border management which will require that all visa-exempt third-country nationals planning to travel to the European states using this system to apply for their pre-travel authorisation online. This new system will function much the same way as the ESTA system does in the US. Carriers will have to verify, prior to boarding, that their passengers, visa-exempt third country nationals, have an ETIAS valid travel authorisation.
Who needs to register
According to the Schengen Borders Code, Article 2 (15) ‘carrier’ means “any natural or legal person whose profession it is to provide transport of persons”; therefore, each air carrier, sea carrier and international carrier transporting groups overland by coach, is considered under the obligations of EES/ETIAS as soon as the respective carrier transports passengers from outside the EU into the territory of the European states using ETIAS/EES.
The eu-LISA indicated that if the aircraft is owned by a private individual or organization and managed by a professional operator, the operations will need to adhere to EES and ETIAS requirements – even if flights are not open to the public. In this respect, “managed” means that crew, maintenance, handling and all aspects of conducting a flight are facilitated by a management company.
However, if the aircraft is owned by a private individual or organization, the crew is hired directly by the aircraft owner, and flights are not open for public use or charter, the operation will not be required to use the new systems.
How to proceed:
- Go to https://bit.ly/eu-LISA-Carriers
- Download the form
- Fill in the form electronically ( DO NOT print & scan)
- Operator’s Single Point of Contact to send the form via e-mail to email@example.com.
- eu-LISA will provide follow-up guidance.
More information on EES: https://www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/EES
More information on ETIAS: https://www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/Etias
- From Sep 2022 (planned entry into operations of EES): Carriers will need to verify electronically within the 48 hours window prior to the scheduled departure whether a third-country national travelling to European states using EES has already used the number of entries authorised by their visa.
- From May 2023 (planned entry into operations of ETIAS): Carriers will have to verify, within the 48 hours prior to the scheduled departure, that their passengers, visa-exempt third country nationals, have a valid ETIAS travel authorisation to enter the territory of European states using ETIAS.
All other obligations deriving from the Schengen Borders Code still apply.
Private flights are in the scope of EES/ETIAS if they transport passengers from outside the Schengen area. Special rules on private flights are fixed in point 2.3.1.-4 of Annex VI to the SBC. These rules include checks and an obligation of providing a list of passengers.