The Regulation (EU) 2025/1534 has been published in the Official Journal of the European Union, establishing the framework for the gradual implementation of the Entry/Exit System (EES) at the external borders of the Schengen area.
Although this regulation sets the legal basis for the system’s activation, it’s important to note that, as confirmed by the European Union itself: “The Entry/Exit System (EES) is currently not in operation. It is due to start in October 2025. The European Union will confirm the starting date of the EES several months prior to its launch.”
You can access the full text of the regulation published in the Official Journal of the European Union below:
If you are a third-country national traveling to Spain for tourism, business, or short stays, these changes are highly relevant for you.
⏺️ What is the EES and why is it being introduced?
The EES is a centralized digital system that will replace the traditional manual stamping of passports. It will automatically register entries, exits, and refusals of entry for third-country nationals at the EU’s external border crossing points.
In addition, it will collect biometric data (fingerprints and facial image) and accurately calculate remaining days of authorized stay, helping to detect overstays and irregular multiple entries.
⏺️ What does “gradual implementation” mean?
Regulation 2025/1534 sets a 180-day transitional period during which Member States may implement the EES progressively at their border points, with or without biometric functionality in the first stage.
During this phase:
- Passports will continue to be stamped manually.
- No automatic overstay alerts will be generated.
- Border authorities may rely on stamps or EES records, depending on the case.
- If neither stamp nor EES data is available, authorities may presume an irregular stay, unless credible evidence is provided.
⏺️ How will this affect travelers to Spain?
The new system has several practical consequences for non-EU travelers:
- More control at borders: all entries and exits will be digitally recorded.
- Varying implementation across countries: not all border points will use EES from day one.
- Importance of travel records: to avoid confusion if stamps or EES records are missing.
- Data protection guaranteed: processing will comply with the EU’s GDPR.
- It does not affect long-term visa holders or legal residents, only short-stay travelers.
⏺️ What if there are technical problems or long queues?
The regulation allows temporary suspension of the EES in case of:
- Technical failures.
- Excessive traffic causing long waiting times.
- Operational issues with biometric data collection.
In such cases, manual border controls may be used, with formal notification to the European Commission.
⏺️ What happens if there is no EES record?
During the progressive rollout, if a traveler is not registered in the system and there is no passport stamp, authorities may presume an irregular stay—unless the traveler provides credible supporting documents (tickets, previous entries, visas…).
Still, no decision can be based solely on the absence of EES data.
⏺️ When will the EES be operational?
The European Union has stated:
“The EES is not yet operational. It is expected to launch in October 2025. The exact start date will be confirmed in advance.”
This means that although the legal framework is already in place, the system is not yet active. And once it is, its implementation will be progressive, not automatic.
⏺️ How can ARC Legal help you?
At ARC Legal, we can assist if:
- You’re unsure how many days you can legally stay in Spain or the Schengen area.
- You’ve encountered issues at the border due to missing stamps or entry refusals.
- You need to prove your legal stay to authorities.
- You’re concerned about how these changes might affect your future travel or immigration plans.
We provide expert legal guidance to ensure your situation is always clear, secure, and well-documented.
Contact us or book an online consultation with our team to review your case.
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Prefer to read this article in Spanish 🇪🇸? You can find it here: El SES entra en funcionamiento en octubre de 2025: novedades clave para quienes viajan a España o al espacio Schengen
The content of this article is for informational purposes only and does not constitute legal advice. Immigration regulations are subject to continuous interpretative and administrative changes. At ARC Legal, we strive to provide updated and verified information from official sources, but we always recommend consulting with a specialised professional before starting any procedure or making legal decisions. If you need personalised legal advice regarding your situation, feel free to contact our firm.