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The new Entry / Exit System (EES) implemented within the Schengen Area in April 2026 has not been without its problems.
We have put together a Q and A with three of our senior lawyers to attempt to tackle some of the difficulties operators could be faced with when navigating the new EES.
- What is the Schengen Area? – Steven Meyerhoff
The Schengen Area is a region within Europe consisting of 29 countries, that allows citizens and international visitors to travel within the area passport free. Each individual can travel within the area for up to 90 days within a rolling 180-day period.
- What is the EES? – James Backhouse
The Entry/ Exit System or EES, is a digital system implemented within the Schengen Area used to keep a record of each individuals movements in and out of the area. This new system replaces the need for passport stamps.
- What issues the EES is causing? – James Backhouse
The EES has not been without its teething problems – we have received multiple reports of individuals not being properly recorded as exiting the Schengen Area. As such, the allowed 90 days continues accruing, despite the person not being physically in the Schengen Area.
This can result in individuals facing fines and even bans from the area despite doing nothing wrong.
- What can be done to challenge a fine or ban? – Libby Pritchard
Everyone that travels within the Schengen Area holds a right to appeal a ban imposed against them. The process for appealing a penalty/ban differs depending on the Country that issued the ban and so it is important to confirm which jurisdiction is issuing the penalty/ban.
Each county has their own specified deadline for making an appeal, ranging from 30 days to as short as 3 days for urgent review in Germany. It is important that you file your appeal as soon as possible after receiving the relevant paperwork, or you get in touch with somebody that can file the appeal for you.
This is something Backhouse Jones can help with and we urge you to get in touch as soon as a ban or fine is received, especially given the tight deadlines.
- Practical pointers, how to avoid a fine or ban in the first place:
To avoid a ban for overstaying in the Schengen Area, you should not spend more than 90 days within the area in a rolling 180 day period. Individuals should also follow the process presented to them by each countries border force to ensure their movements are accurately recorded.
Where an exit is not recorded properly, we suggest maintaining a working record for the period you spend outside of the Schengen Area, so that your whereabouts are accounted for.
As a business this may include a detailed record of a drivers movements, which are generally kept anyway for the purpose of drivers hours, so if you do have to appeal any ban the information is available.
If you have any questions about the Schengen Entry/Exit System (EES), or need advice on challenging a fine or entry ban, our team is here to help. Contact us at enquiries@backhouses.co.uk or call 01254 828 300.