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Based on research carried out between May and September 2024, FRA compiled fundamental rights considerations for the operation of the EES that were consulted by practitioners and experts at a workshop in September 2024 and at training events organised by the European Border and Coast Guard Agency.
This guidance is for officials managing the roll-out and the operation of the EES. It is addressed to staff within ministries and/or border management authorities who are responsible for the EES and senior border management staff at border crossing points (BCPs).
While the EES Regulation (Regulation (EU) 2017/2226, as amended) and the European Commission’s practical handbook for national authorities using the EES under Article 71 of the regulation provide the necessary information for operating the EES, this guidance adds a fundamental rights perspective. It turns legal requirements into practical suggestions, based on real challenges seen at the border.
Without being exhaustive, this guidance for EES managers focuses on the seven operational aspects that the research identified as the most relevant for the protection of fundamental rights:
- informing non-EU nationals effectively;
- treating non-EU nationals waiting for border checks with dignity;
- respecting data protection law;
- capturing biometric data in a dignified manner;
- supporting non-EU nationals with specific needs;
- using EES data in line with fundamental rights;
- incorporating fundamental rights into training.
For each area, this FRA guidance starts by setting the scene, presents selected research and describes key aspects of the EU law framework. The guidance itself, presented in bullet point format, focuses on areas which FRA’s field research and ensuing discussions identified as the most important. Depending on the national setup of administrative responsibilities, much of the guidance may also fall into the remit of senior officers at the BCP level. Such guidance is flagged accordingly and may relate, for example, to logistical arrangements, such as the setup of self-registration systems and the organisation of waiting areas, preparing BCP-wide protocols and cooperation agreements, coordinating staffing requests, determining equipment needs or organising training. Some of the guidance may also concern the tasks of shift leaders, who directly oversee, guide and coordinate frontline officers and supervise second-line checks, for which passengers undergo more detailed checks. At the end of each section, the reader will find references for further reading.
This guidance for managers is published together with a separate guidance publication for border guards using the EES during first-line checks, The Entry/Exit System: Fundamental rights guidance for border guards, 2025.
This FRA guidance applies from the moment the EES is rolled out. Some guidance in Section 6 only become relevant when all functions of the EES have been implemented.
This guidance focuses specifically on fundamental rights considerations linked to the operation of the EES for border and immigration management. It does not cover law enforcement access to the EES for combating terrorism and serious crime, as this constitutes a separate objective involving different authorities to those targeted by this guidance.
For aspects related to border management that are not covered in this guidance, the reader may consult the following FRA publications.
- European Union Agency for Fundamental Rights, Border controls and fundamental rights at external land borders – Practical guidance, Publications Office of the European Union, Luxembourg, 2020. This is practical guidance for border guards.
- Council of Europe, European Court of Human Rights and European Agency for Fundamental Rights, Handbook on European law relating to asylum, borders and immigration – Edition 2020, Publications Office of the European Union, Luxembourg, 2020, in particular Chapter 2. Update forthcoming in 2026.
- Council of Europe, European Court of Human Rights, European Data Protection Supervisor and European Agency for Fundamental Rights, Handbook on European data protection law – 2018 edition, Publications Office of the European Union, Luxembourg, 2018. This explains relevant data protection standards.
- European Union Agency for Fundamental Rights, Fundamental rights complications of the obligation to provide fingerprints for Eurodac, Publications Office of the European Union, Luxembourg, 2015.
- European Union Agency for Fundamental Rights, Right to information – Guide for authorities when taking fingerprints for Eurodac, Publications Office of the European Union, 2019. This was published with the Eurodac Supervision Coordination Group.
- FRA’s online information platform on EU IT systems for migration and policing, which describes the EU large-scale IT systems on borders, visas, asylum and migration and their interoperability (December 2024).