Commission Implementing Decision (EU) 2025/1544

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to 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 Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011^note, and in particular Article 66(1) thereof,Whereas:

(1)Regulation (EU) 2017/2226 established the Entry/Exit System (EES). The EES is a system which records electronically the time and place of entry and exit of third-country nationals admitted for a short stay to the territory of the Member States and which calculates the duration of their authorised stay.

(2)Since the entry into force of Regulation (EU) 2017/2226, the Commission, Member States and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-Lisa) have completed the necessary technical and legal arrangements to collect and transmit data to the EES.

(3)Article 66(1) of Regulation (EU) 2017/2226 sets out a number of conditions which are to be fulfilled before the EES starts operations. Those conditions have all been fulfilled. The implementing and delegated acts necessary for the operation of the EES have been adopted^note; eu-Lisa has declared the successful completion of a comprehensive test of the EES, which was conducted in cooperation with the Member States; Member States have notified that they have validated the technical and legal arrangements to collect and transmit the data referred to in Articles 16 to 20 of Regulation (EU) 2017/2226 to the EES; and the Member States have made notifications to the Commission regarding the controller, the competent authorities having access to enter, rectify, complete, erase, consult or search data in EES, their designated authorities and central access points.

(4)It is therefore appropriate to determine the date from which the operations of the EES start.

(5)The Council endorsed the Interoperability Roadmap on 5 March 2025 indicating October 2025 as the timeline for starting the EES operations.

(6)12 October 2025 is the most appropriate date enabling Member States to achieve the EES objectives in a timely manner, as it avoids coincidence with peak traffic periods at the external borders.

(7)In order to allow all parties concerned to make the practical arrangements necessary to prepare for the start of operations of the EES, this Decision should enter into force on the day of its publication.

(8)Given that Regulation (EU) 2017/2226 builds upon the Schengen acquis, Denmark notified its decision to implement Regulation (EU) 2017/2226 in its national law, in accordance with Article 4 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union Denmark is therefore bound by this Decision.

(9)This Decision does not constitute a development of the provisions of the Schengen acquis in which Ireland takes part in accordance with Council Decision 2002/192/EC^note; Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(10)As regards Iceland and Norway, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning those States association with the implementation, application and development of the Schengen acquis^note, which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC^note.

(11)As regards Switzerland, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis^note, which fall within the area referred to in Article 1, point A of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC^note.

(12)As regards Liechtenstein, this Decision constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis^note which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU^note.

(13)As regards Cyprus, the provisions of the Schengen acquis relating to the Schengen Information System have been put into effect by Council Decision (EU) 2023/870^note. However, the operation of the EES also requires the granting of passive access to the Visa Information System once the verification in accordance with the applicable Schengen evaluation procedure has been successfully completed. The EES should be operated only by a Member State which fulfils this condition at the start of the operation of the EES. Therefore, Cyprus which is not operating the EES from the start of operations should be connected to the EES, in accordance with the procedure set out in Regulation (EU) 2017/2226, as soon as all of the conditions are met,

HAS ADOPTED THIS DECISION: