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The Entry-Exit System: fundamental rights guidance for border guards

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  1.                        In a friendly manner inform third-country nationals about the fact that they overstayed and about possible consequences.
  2.                        Allow third-country nationals to provide evidence to rebut the presumption of past irregular entry or of overstay and inform them about this possibility to do so.
  3.                        Do not take the accuracy of EES data for granted. Remember that the risk of errors may occur despite technological safeguards, i.e. the rate of false results will never be zero.
  4.                        Provide information about the right to appeal and on how to contact services to get support when entry is refused, in line with Article 14(3) of the Schengen Borders Code.
  5.                        Referpeople expressing their wish to claim asylum, also if they overstayed or appear not to meet the conditions of entry, to the national asylum procedure and respect the principle of non-refoulement.

 

Legal sources: Charter, Articles 1, 18, 19(2), 21(1); EES Regulation (EU) 2017/2226, Articles 2(3), 9(2), 10, 12(3), and 41; Schengen Borders Code, Articles 2(16) and 14(3);

Asylum Procedures Directive 2013/32/EU, Recital 18, Articles 31(2) and 43, as of July 2026: Asylum Procedures Regulation 2024/1348, Articles 34(2) and 43; Asylum Qualification Directive 2011/95/EU, Article 25, as of July 2026 Qualification Regulation (EU) 2024/1347, Article 25; Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, Art. 1(2) (ii).