Temporary derogation from Entry/Exit System regulations for progressive operations start
Summary
The European Parliament adopted a legislative resolution granting a temporary derogation from certain provisions of Regulation (EU) 2017/2226 (Entry/Exit System) and Regulation (EU) 2016/399 (Schengen Borders Code) to allow for a progressive operational start of the Entry/Exit System. This regulation introduces phased implementation flexibility for the EES, which records third-country nationals crossing EU external borders.
What changed
The European Parliament adopted Regulation (EU) regarding a temporary derogation from Regulations (EU) 2017/2226 and (EU) 2016/399 to enable a progressive start of the Entry/Exit System (EES) operations. The EES is an automated IT system that records third-country nationals entering and exiting EU external borders, capturing biometric data including fingerprints and facial images. This legislative resolution, adopted at first reading, creates a time-limited exception mechanism allowing member states to phase in full EES implementation rather than requiring simultaneous operational readiness across all border crossing points.
Transport operators, border control authorities, and member state competent authorities should prepare for a phased EES rollout under the derogation framework. The resolution is based on Commission proposal COM(2024)0567 under codecision procedure 2024/0315(COD). Compliance teams should monitor implementing acts and technical specifications as the progressive operational phase begins.
What to do next
- Monitor eu-LISA implementing acts for EES progressive rollout phases
- Ensure border control systems are updated to accommodate phased EES requirements
- Review carrier obligations under the derogation framework
Source document (simplified)
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P10_TA(2025)0141 – Temporary derogation from certain provisions of Regulations (EU) 2017/2226 and (EU) 2016/399 – European Parliament legislative resolution of 8 July 2025 on the proposal for a regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 as regards a progressive start of operations of the Entry/Exit System (COM(2024)0567 – C10-0207/2024 – 2024/0315(COD)) (Ordinary legislative procedure: first reading)
OJ C, C/2026/1450, 31.3.2026, ELI: http://data.europa.eu/eli/C/2026/1450/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
ELI: http://data.europa.eu/eli/C/2026/1450/oj
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| | Official Journal
of the European Union | EN
C series |
| | C/2026/1450 | 31.3.2026 |
P10_TA(2025)0141
Temporary derogation from certain provisions of Regulations (EU) 2017/2226 and (EU) 2016/399
European Parliament legislative resolution of 8 July 2025 on the proposal for a regulation of the European Parliament and of the Council on a temporary derogation from certain provisions of Regulation (EU) 2017/2226 and Regulation (EU) 2016/399 as regards a progressive start of operations of the Entry/Exit System (COM(2024)0567 – C10-0207/2024 – 2024/0315(COD))
(Ordinary legislative procedure: first reading)
(C/2026/1450)
The European Parliament,
| — | having regard to the Commission proposal to Parliament and the Council (COM(2024)0567), |
| — | having regard to Article 294(2) and Article 77(2), points (b) and (d), and Article 87(2), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10-0207/2024), |
| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| — | having regard to the provisional agreement approved by the committee responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 28 May 2025 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| — | having regard to Rule 60 of its Rules of Procedure, |
| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0082/2025), |
| 1. | Adopts its position at first reading hereinafter set out; |
| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
P10_TC1-COD(2024)0315
Position of the European Parliament adopted at first reading on 8 July 2025 with a view to the adoption of Regulation (EU) 2025/… of the European Parliament and of the Council on temporary derogations from certain provisions of Regulations (EU) 2017/2226 and (EU) 2016/399 as regards the progressive start of operations of the Entry/Exit System
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2025/1534.)
ELI: http://data.europa.eu/eli/C/2026/1450/oj
ISSN 1977-091X (electronic edition)
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