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eu-LISA

eu-LISA is implementing two new programs - European Travel Information and Authorization System (ETIAS) and the Entry/Exit System (EES)

eu-LISA's mission is "continuously supporting Member States effort through technology for a safer Europe." 1

As such, eu-LISA is implementing two new programs - European Travel Information and Authorization System (ETIAS) and the Entry/Exit System (EES).

The World Fuel Trip Support team has compiled information on how to navigate these regulatory updates, and is available for consultation. If you have any questions, contact World Fuel Trip Support at [email protected].

ETIAS

The European Travel Information and Authorization System (ETIAS) is a "…pre-travel authorization system for visa-exempt travelers." 2

Delayed until 2024, travelers from 60 visa-exempt countries will be required to have a travel authorization to enter European countries for a short stay.  The purpose of ETIA is to verify if “…a third-country national meets entry requirements before traveling to the Schengen area.” 2

EES

The second program is the Entry/Exit System (EES), which electronically collects traveler's information, including the time and place of entry and exit of the Schengen area. It will replace the entry and exit border authority stamping of the passport. The purpose of the EES system is "…improving the management of the external borders, and in particular, to verify compliance with the provisions on the authorized period of stay…" 3 in the Schengen area.

Next Steps for Aircraft Operators

This new program is still a fluid situation, and all parties involved are still trying to understand the complete requirements. World Fuel Services is available for consultation regarding the eu-LISA program and happy to assist its customers.

Therefore, Aircraft operators should take the following steps:

Register for eu-LISAs Working Group for Carriers: Registration is required in order to query eu-LISA’s system to secure traveler status who fall within EES and ETIAS.

Carrier Registration Overview

Carriers Registration Overview

 

Steps 1 & 2: Who is Ordering the Query and the Websites

Step 3: Fill in the F01

Step 4: SPOC

The SPOC then sends the completed Word document via email to eu-LISA:

  • Once the F01: Carrier Registration Form has been completed and the requested documents secured, the SPOC will generate and email to eu-LISA using the email address below.
    • [email protected]
      • Please note there is an underscore in the space between carrier and onboarding: carrier_onboarding

Step 5: eu-LISA and SPOC

The eu-LISA team will then contact the SPOC for further guidance.

  • Once the application has been receive, eu-LISA may request additional information or clarification.  
  • eu-LISA will provide the following documents:
    • Carrier Welcome Pack: The Carrier Welcome Document is the guide to EES and ETIAS passenger verification services. Together with the Carrier Technical Guidelines and Testing Documents, the Welcome Pack covers what carriers need to know about connecting and using the carrier interface. The package includes all the forms needed for the registration and system-to-system implementation:
      • Carrier Registration Form, Carrier Contact Request Form, Registration Form for Carrier System and Service Provider Contacts, Form for Request to Be Connected, Form to Report Test Incidents, Form to Ask Questions and Carrier Security Convention.
    • S2S_CTG_Technical Documentation: The Carrier Technical Guidelines (CTG) contains the technical guidelines for carriers using the system-to-system channel hosted by eu-LISA.
    • S2S_TDD_Technical Documentation: The Pre-Defined Carrier Test Cases (TDD) document covers the functional scope for the testing of the Carrier Interface Simulator (CISIM) by carriers.
    • Web Portal/Mobile_CTG_Technical Documentation: The Carrier Technical Guidelines (CTG) contains the technical guidelines for carriers using the web portal or mobile application channel hosted by eu-LISA.
       

ETIAS Visa Waiver program

The purpose of eu-LISA's ETIAS Visa Waiver program, according to the ETIAS website, is to prescreen visitors who are exempt from a visa requirement to Schengen area countries and identify potential risks and security concerns. 9 The ETIAS website states that all current visa-exempt visitors for Europe will be required to complete the visa waiver application prior to travel, and, once approved, the visitor's waiver is valid for up to three years, allowing multiple visits lasting no longer than 90 days within a 180 day period. 10

Air Carrier Obligations8:

  • Air carriers, sea carriers, and international carriers transporting groups overland by coach shall use the carrier interface to verify whether travelers subjects to the travel authorization requirement are in possession of a valid travel authorization (Article 45(1) of Regulation (EU) 2018/124011.
     
  • According to Article 3 of Commission Implementing Regulation (EU) 2021/12174, the verification query shall be introduced at the earliest 48 hours prior to the scheduled time of departure. Carriers shall ensure that only duly authorized staff have access to the carrier interface. The carriers shall put in place at least physical and logical access control mechanisms to prevent unauthorized access to the infrastructure, or the systems used by the carriers, authentication, logging to ensure access traceability, and regular review of the access rights.
     
  • The carrier obligations stipulated in Article 26 of Convention Implementing the Schengen Agreement 12 (CISA) remain unchanged. Querying the carrier interface is an additional obligation.

 

Date of Implementation

The implementation date has been delayed from May 2023.  It is now estimated to be rolled out approximately 5 months after the EES program is implemented, so approximately November 2023.

Travelers who fall within the scope of ETIAS 8:

  • ETIAS travel authorization is required for travelers who meet all the following criteria:
    • they are not EU nationals;
    • they are citizens of a country whose nationals are not required to have a visa to travel to any of the European countries requiring ETIAS;
    • they do not have a residence permit/card/document issued by any of the European countries requiring ETIAS.

EES Program

According to the eu-LISA website, the purpose of eu-LISA's Entry / Exit Program (EES) is to electronically capture the entry and exit of visitors who require single or double-entry visas for the prevention of irregular immigration and the management of migration flows. This program will allow the agency to identify any person who no longer fulfills the requirements of an authorized stay as well as reinforce security and fight against terrorism and serious crimes 13.

Air carrier Obligations 8:

  • Air carriers, sea carriers and international carriers transporting groups overland by coach shall use the web service to verify whether travelers holding a short-stay visa issued for one or two entries, have already used the number of entries authorized by their visa (Article 13 (3) of Regulation (EU) 2017/2226) 14.
     
  • The verification query shall be introduced, at the earliest, 48 hours prior to the scheduled time of departure. Carriers shall ensure that only duly authorized staff have access to the carrier interface. The carriers shall put in place at least physical and logical access control mechanisms to prevent unauthorized access to the infrastructure, or the systems used by the carriers, authentication, logging to ensure access traceability, regular review of the access rights (Article 3 of Commission Implementing Regulation (EU) 2021/1224) 15.

Date of Implementation

The implementation date has been delayed from September 2022.  It is now estimated to be rolled out in Spring of 2023.

  • Timeline is estimated to be as follows:
    • March 2023, Operators should have their registration complete and systems in place
    • May 2023, Operators will begin to use the EES systems for passenger validation.

Travelers who fall within the scope of EES 8:

  • Traveler admitted for a short stay, no more than 90 days in any 180-day period, to the territory of MS applying EES. A detailed description can be found in article 2 of Regulation (EU) 2017/222614.

Air Carriers

“According to EU regulations 2021/12174 and 2021/12245, carriers will have the legal obligation to query EES and ETIAS to receive answers regarding the status of travelers.” 6

Per Article 2.14 Schengen Borders Code 7, “A ‘Carrier’ is any natural or legal person whose profession it is to provide transport of persons.” 8

“The obligation to query the interface (for which registration is needed) is for carriers as defined in the CISA (Convention Implementing the Schengen Agreement). This involves a professional activity, i.e. the carriers is transporting passengers through a fee.”

Private Chartered

“A flight that is chartered by a private individual or organization and is operated by a commercial charter operator. A charter operator operates under Commercial aviation rules CAT and hold an AOC and are filed as N (Non-scheduled air service) on the ICAO Flight plan. For third country operators need a TCO (Third Country Operator) approval from EASA to operate within the EU.”

  • Private chartered operators need to comply with EES and ETIAS obligations, query the carrier interface and respectively to register with eu-LISA.

Private Managed

“The aircraft is owned by a private individual or organization, and are managed by a professional operator but only for the use of the owner. Managed means in this respect that crew, maintenance, handling and all aspects of conducting a flight is done by a management company but the flights are not open for the public and are only conducted on the aircraft owners behalf.”

  • Private managed operators need to comply with EES and ETIAS obligations, query the carrier interface and respectively to register with eu-LISA.

Private Operated

“The aircraft is owned by a private individual or organization. Crew is hired directly by the aircraft owner and flights are not open for public use/charter. Crew is professional/semi professional and flights are operated under NCC/NCO rules and are filed as G (General Aviation) Using another transport mode this can be compared to a private car with a professional/hired driver.”

Private operated with a crew hired directed do not need to comply with EES and ETIAS obligations.

Cargo Carriers

  • It has been clarified by eu-LISA that Cargo Carriers are subject to the EES and ETIAS regulations.
  • “Cargo Carriers, must comply with the query requirements when transporting visa-required travellers or individuals with ETIAS authorizations into European countries, as long as they profit from these transportation activities."
  • “However, cargo carriers that exclusively transport goods and not passengers are generally exempt from these obligations.”

As of 04 April 2023, eu-LISA has reconfirmed the Air Carrier Definition as outlined above also applies to Business Aviation Aircraft Operators.

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References

  1. Eu-LISA Website: www.eulisa.europa.eu
  2. www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/Etias
  3. https://www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/EES
  4. EU regulation 2021/1217: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1217&from=EN)
  5. EU regulation 2021/1224: (https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R1224&from=EN)
  6. www.eulisa.europa.eu/Organisation/GoverningBodies/Pages/Working-Group-for-Carriers.aspx
  7. Article 2.14 Schengen Borders Code: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02016R0399-20190611#:~:text=15.%C2%A0%E2%80%98carrier%E2%80%99%20means%20any%20natural%20or%20legal%20person%20whose%20profession%20it%20is%20to%20provide%20transport%20of%20persons%3B
  8. Frequently Asked Questions: (https://www.eulisa.europa.eu/Organisation/GoverningBodies/Pages/Working-Group-for-Carriers.aspx)
  9. www.etiasvisa.com
  10. www.etiasvisa.com/etias-news/when-does-my-etias-expire
  11. Article 45(1) of Regulation (EU) 2018/1240: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R1240
  12. Article 26 of Convention Implementing the Schengen Agreement: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A42000A0922%2802%29
  13. www.eulisa.europa.eu/Activities/Large-Scale-It-Systems/EES
  14. Article 13 (3) of Regulation (EU) 2017/2226: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02017R2226-20210803#:~:text=In%20order%20to%20fulfil,Regulation%20(EU)%202016/399.
  15. Article 3 of Commission Implementing Regulation (EU) 2021/1224: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R1224#d1e469-46-1