On Feb. 17, 2022, eu-LISA issued this notice urging operators to register with the agency if they plan to transport passengers into the EU, starting November 2022 and beyond, to comply with the EU’s new Entry/Exit System (EES) for traveler screening. eu-LISA is the European Agency responsible for managing the systems that verify travelers’ visa status for the 26 Schengen countries.

The eu-LISA portal was created to shift some of the back-end administrative burdens of screening responsibilities and manually checking passenger visas to carriers. The EU’s notice was not widely circulated. As a result, many business aviation operators are unaware of the requirement or that it applies to them. We strongly advise you not to wait until the last minute to comply with this regulation. eu-LISA will be bombarded with submissions as we approach the deadline. Here’s everything you need to know about eu-LISA and how Universal can support operators with registration and EES traveler screening.

We Believe eu-LISA will apply to both Part 91 and 135 operators

Based on our conversations with eu-LISA, we believe it will eventually apply to ALL operators (Private AND Charter) transporting passengers into the EU. While the original language seemed to target commercial operators specifically, there is enough verbiage that could pertain to private operations to make us believe it could eventually apply to that group as well.

Regardless of the initial application, as we’ve seen with other data collection programs, like APIS, that were originally implemented for commercial ops, these programs eventually expand to private use. Almost all data collection programs are expanding in this way—no country is collecting less data these days.

Operators are required to both register with eu-LISA and submit passenger screening info. Even small Part 91 operators should register for eu-LISA if they ever plan to transport passengers to Europe. In April 2022, EBAA published this article, saying that it is seeking more clarity on this reg and to whom it applies. However, industry organizations such as  EBAA and NBAA still recommend all its members, both Private AND Charter operators, register.

Phase 1: New Entry/Exit System (EES) Goes Live Nov. 10, 2024 TBD

The EU’s new automated Entry/Exit System (EES) was originally slated to go live on Sept. 1, 2022, but has been postponed until Nov. 10, 2024 and again until a future date. Once live, it will require operators to E-Verify the visa validity of third-country nationals traveling to one of the 26 Schengen countries.

This impacts short -term visa holders.

In addition, the system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and the date and place of entry and exit, in full respect of fundamental rights and data protection. It will also record refusals of entry. EES will replace the current system of manual stamping of passports, which is time-consuming, does not provide reliable data on border crossings, and does not allow a systematic detection of over-stayers (travelers who have exceeded the maximum duration of their authorized stay).

Phase 2: ETIAS (European Travel Information and Authorisation System) goes live Spring 2025

ETIAS requires operators to E-Verify the status of travel docs of visitors to one of the 26 countries that do not require a visa. This program is like the U.S. Electronic System for Travel Authorization (ESTA). ETIAS will go into effect sometime in spring 2025 after the implementation of Phase 1 EES.  All visitors who currently do not need a visa to enter Europe will be expected to apply for an ETIAS travel authorization. Currently, there are 60 countries that will need to apply for an ETIAS visa waiver when visiting the Schengen Zone. However, ETIAS will likely be available to more countries in the future. The ETIAS visa waiver has been designed for up to 90 days for short-term stays. Tourism and business travelers will be expected to have an approved ETIAS when traveling to any Schengen member countries.

eu-LISA will likely apply to business-purpose flights

Our Global Regulatory Services team heard from our participation in the eu-LISA Working Group for Carriers that eu-LISA WILL likely apply to private business-purpose flights, based on the different flight scenarios we provided to the agency. We’ll report when an official position once this is released.

Despite the sliding deadline and pending validation on applicability, our recommendation is still to register with eu-LISA and do it sooner than later. If you want assistance, we can help. Visit our website.

eu-LISA should be used to qualify what you already know

We do not recommend using a-LISA to validate what you don’t know about a passenger’s admissibility, as you could receive false positives or negatives, creating more confusion.

Before using EES and ETIAS, operators must first register with the eu-LISA Carrier Onboarding Group

The eu-LISA registration process takes a few weeks in our experience and requires providing legal entity documentation for the aircraft operator – among other things. So far, we’ve seen lots of back and forth between operators and the authorities. Therefore, submitting the correct information is critical to avoid a messy, drawn-out process. 

There’s Still Time to Register

Operators who have not registered still have time before the November go-live but should begin the process soon.

Universal Global Regulatory Services can help

Our Global Regulatory Services team will provide consulting and oversight for establishing your eu-LISA carrier account – helping you save time, avoid mistakes, and ensure you have your account set up before the deadline. As part of the application process, Universal will be designated as a Carrier Service Provider on your account, which gives you the option to have Universal manage your eu-LISA Entry-Exit-System (EES) and ETIAS traveler screening submissions in the future. If you want our help with this, please complete this form and select “eu-LISA” from the list.

Over the next few weeks as we move closer to the Nov. 10, 2024, implementation, Universal will be sharing more of what we learn about the program’s idiosyncrasies and how it will be handled by member states. We will continue to update this article as new information trickles in.