The start of the EU's new digital borders scheme, which is now expected to launch in phases, has hit another problem as the change requires a new EU law that must be approved. 

One French transport industry leader says this could take 鈥渁t least two years鈥� to be fully implemented.

A draft 6,000-word regulation on the rules of a 鈥榩rogressive start鈥� has been tabled, but to become EU law it must be adopted by the EU鈥檚 council and parliament. 

Only then, and once all countries report they are ready, can a start date be set. 

The council, noting that the latest 鈥榯arget date鈥� has come and gone, insists the scheme must be launched well before 2027. 

It says EU-Lisa, the agency for large-scale IT systems, must provide a new 鈥榬oadmap鈥� with dates by January 31 鈥� but what this will contain is not clear due to the approval steps required. 

The Entry/Exit System (EES) was to launch 鈥� after three previous postponements 鈥� last November 10 but a European commissioner said in October this was not possible. 

Three countries, including France, had failed to declare readiness and there were also concerns about the 鈥榬esilience鈥� of the IT systems. 

Read more: Confirmed: EU states EES border changes will not start this year

What will the EES entail for travellers?

EES will involve 鈥� on first entry or exit to/from the Schengen area 鈥� the creation of a digital record for each non-EU/EEA/Swiss short-stay visitor. 

It will include passport details, date of entry/exit, a facial image and a fingerprint scan along with short travel questions. 

French residency card and visa holders will be exempt but may be caught up in the queues. 

Read more: Will EES registration be required in France for EU residency permit holders?

Data from every border point 鈥� international airport, port, station 鈥� will be sent to a national system, then forwarded to a central EU database.

This is intended to remove the need for pass port stamps or manual checking of the 90/180 day rule for future entries and exits. 

The EU regulations governing EES give little flexibility: the system is meant to start everywhere simultaneously and continue unless there are technical breakdowns, in which case basic data could be collected manually as a last resort. 

However, after discussions with the UK, where EES will operate at Dover and Eurostar and Eurotunnel terminals, the EU was said to have agreed to 鈥榩recautionary measures鈥� in the first six months. 

In the event of long queues, a digital file would be created but no biometric data would be taken or travel questions asked. 

Read more: November 10 start date for EES would have been 'utter carnage,' UK Lords told

In October, however, the commissioner said 鈥減hasing in鈥� by starting at some border points and not others would be desirable. 

Legal analysis was undertaken to see if this could be achieved without changes to EU law, however this has proved not to be possible. 

Is an autumn 2025 launch in sight?

The general delegate of the Union of French Airports, Nicolas Paulissen, predicts a launch in autumn next year at the earliest as the EU will not want to launch just before the summer travel season. 

鈥淧utting it off is good news and a phased start would be good, but flexibility is limited within current texts. This is more crisis management. 

鈥淏ut a 鈥榬eal鈥� progressive start, with a rewrite, could take at least two years. I think there will now be a debate on the commission鈥檚 idea. Will all member states agree? Or do we stay with what we have, and what room for manoeuvre is there? 

鈥淭he EU is likely to be torn between security concerns 鈥� as they want EES to allow for better controls and it is meant to be followed by Etias [online pre-approval application to enter the EU] 鈥� or making things easier for the start.鈥� 

If it happens, starting EES at just some large regional airports could be envisaged, he said. 

The delay means Paris airports will have plenty of time to complete testing of pre-registration kiosks for travellers to use to input some data, to avoid everything having to be done at border guard booths. 

It also means more work can be done to ensure Parafe automatic passport gates are adapted to be used on subsequent entries and exits, avoiding the need for non-EU visitors to pass again before border guards鈥� desks. 

It is still unclear if Britons, Americans and other non-EU national residents in France will also be able to use the Parafes to avoiding queues at desks. 

An EU app that is meant to help pre-register some passenger data 鈥渟hould be ready soon鈥� Mr Paulissen said. 

At an EU council meeting in December, a minister said once EES finally starts, Etias will come six months later. 

鈥淭hat will be a first step and by 2027 we also want to have achieved inter-operability鈥� 鈥� this refers to a wider framework of IT integration of which EES and Etias are both part. 

He said the three 鈥渦nready鈥� states and EU-Lisa had blamed each other, 鈥渂ut hopefully by January 31 that issue can be resolved and we will have more specific deadlines as to what will be happening by when鈥�. 

The draft 鈥榩rogressive start鈥� regulation includes: 

• At least one external Schengen border point in each state must start EES from 鈥榙ay one鈥�
• From 鈥榙ay one鈥�, each country must collect data of at least 10% of non-EU short-stay visitors. This will increase over six months to 100%
• Travellers鈥� passports will continue being stamped during this six-month period
• It will be possible to temporarily suspend the EES system in the event of disruptions or technical failures
• Officials may skip collection of facial images and fingerprints if judged necessary to 鈥渢ackle excessive waiting times鈥�. 

IT issues to blame

In France, some airports and ports had reported problems with late installation and lack of testing of self-service 鈥榢iosks鈥� and tablet computers to The Connexion.

Read more: French ferry ports: 鈥業T and tablets not ready for EES border changes鈥�

An investigation into the repeated postponements of EES by US financial platform Bloomberg claimed that French IT company Atos has been 鈥渁t the centre of many of the problems.鈥� 

Atos is building the hardware and software for the central system and has been accused of failings, including losing parts, taking weeks to fix bugs, and sending inexperienced teams. 

Read more: EES digital borders delays: French IT firm reported to be largely to blame

EU-Lisa, however, was partly responsible, according to unnamed EU officials cited, since while such a large project requires some outsourcing, it had outsourced 鈥渆verything鈥�.

Atos did not reply to requests for comment. 

EU-Lisa said it had been 鈥渇ully committed and worked hard to meet the various expectations in a realistic manner鈥�. 

It was 鈥渄oing its utmost to ensure a timely roll-out, at the earliest, in line with the politically-agreed approach鈥�, a spokesman said.

The Connexion understands that technical teams at the EU council will now examine the draft regulation, and EU states will have to agree on a common position. 

Amendments might be proposed, and EU parliament experts will also work on the text. 

The two will negotiate to find a compromise if their final versions are different, and both bodies will have to 鈥榓dopt鈥� the regulation formally before it can come into force. 

A parliament spokeswoman said the time that this will take 鈥渄epends on political decisions 鈥� for example, whether to propose amendments or not鈥�. 

First, the parliament must appoint an MEP to be responsible for the file, who will be re sponsible for drafting the report.