This is the system which records appropriate information regarding the entry, exit, or refusal of entry in relation to third-country nationals who are crossing the external borders of member states. It also calculates the duration of any authorised stay for such third-country nationals, and generates alerts to member states at the end of the authorised stay period.

The following details are entered into an EES personal file:

– surname, forename, date of birth, nationality, and gender;
– travel document type, number, and issuing country;
– travel document expiry date;
– facial image;
– fingerprints.

If the travel document of a third-country national does not contain an appropriate entry stamp, or if no personal file has been created in the EES for a third-country national who is currently present within the borders of a member state, or if the entry and/or exit record of that person does not show their date of departure after the expiry of the authorised stay period, the competent national authorities may presume that the holder of the document does not meet, or no longer meets, the requirements for the duration of their stay in that member state.

EES registration applies to third-country nationals who are authorised to cross the borders of member states for the purpose of a short-term stay, and who are subject to border checks under the Schengen Borders Code, as well as to any third-country nationals who are family members of a citizen of the European Union and who are covered by Directive 2004/38/EC, but who are not in possession of a residence permit card as referred to in Directive 2004/38/EC, or a residence permit in accordance with Council Regulation (EC) No 1030/2002.

If a person refuses to provide biometric data to the EES system and/or to an officer for the purpose of carrying out border checks if so required, then that individual will be refused entry to cross the border and a standard form will be drawn up to show that the individual concerned has indeed been refused the right to cross the border in question. This form will indicate the reasons for the issuance of any refusal of entry across the border (by stating, if required, that the individual refused to submit the required biometric data).