Implementation of the European entry/exit system in Poland
On November 15, 2024, the President of the Republic of Poland signed the Law on the Participation of the Republic of Poland in the Entry/Exit System, which aims to implement EU regulations, in particular EP and Council Regulation (EU) 2017/2226 of November 30, 2017 establishing the Entry/Exit System (EES).
The European Entry/Exit System is an electronic tool for registering the entry and exit of people from outside the European Union, the main purpose of which is to ensure better control of the European Union’s external borders, as well as to prevent illegal migration. Registration in the system includes not only biometric data, such as fingerprints and facial photographs, but also information on the time and place of border crossing and passport data.
In addition, the premise of the aforementioned system is the ability to automatically calculate the length of stay of non-EU citizens in the Schengen area, which makes it possible to control and quickly detect overstaying by foreigners, i.e. under the visa-free regime it is 90 days of stay within each 180-day period of stay.
The Polish law establishes the principles, as well as the manner of implementation of the Republic of Poland’s participation in the above-mentioned system, including the duties and powers of authorities and services regarding the processing of data contained in the EES by the National Information System for EES. National border services, including the Border Guard, will be responsible for data registration, as well as for monitoring compliance with rules related to the duration of stay of non-EU citizens.
It is also worth noting that the power to indirectly access the EES has also been granted to other institutions responsible for public order, such as the Police, for example, in order to prevent terrorist or other equally serious crimes.
It should also be taken into account that the implementation of the EES system involves the need to ensure adequate safeguards for personal data. Accordingly, the provisions of the aforementioned law presuppose the introduction of mechanisms to ensure privacy protection by, among other things, introducing time limits on the storage of such data, as well as personal restrictions. All these measures are intended to ensure compliance with European regulations on personal data protection (RODO).
In conclusion, the Law on the Participation of the Republic of Poland in the Entry/Exit System is an important step towards strengthening security at the external borders of the European Union. The implementation of the EES will enable the acquisition of better tools for monitoring and controlling border traffic and in the fight against illegal migration and cross-border crime.
It is also worth mentioning at this point that there are also plans to implement the ETIAS system, i.e. the European Travel Information and Authorization System, which will impose additional obligations for travelers who do not need a visa to enter European countries for a short stay.
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