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Based on the input received from practitioners and experts during the research, at a workshop in September 2024 and at training events organised by the European Border and Coast Guard Agency for practitioners and experts, FRA compiled fundamental rights considerations for national authorities responsible for the operation of the EES. These include:
- guidance for officials managing the roll-out and the operation of the EES and
- guidance for frontline border guards, which are set out in a separate document.
Depending on the national setup of administrative responsibilities, the guidance for officials managing the roll-out and the operation of the EES is addressed to staff within ministries and/or border management authorities who are responsible for the EES as well as to senior border management staff at border crossing points (BCPs). Points which concern also managers at BCP level include, for example, 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 these points may also concern the tasks of shift leaders, who directly oversee, guide and schedule frontline officers, and supervise second line checks, where passengers undergo a more detailed check.
While the EES Regulation (Regulation (EU) 2017/2226) as amended) and the 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 focuses on the seven operational aspects that the research identified as the most relevant for the protection of fundamental rights.
- informing third-country nationals effectively
- treating third-country nationals waiting for border checks with dignity
- respecting data protection law
- capturing biometric data in a dignified manner
- supporting third-country nationals with specific needs
- using EES data in line with fundamental rights
- incorporating fundamental rights in 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 selected points which FRA’s field research and ensuing discussions identified as the most important. Points which also fall into the remit of senior officers at BCPs are set out using italics. At the end of each section, the reader will find references for further reading.
This guidance applies from the moment the EES is rolled out. Some points in section 6 only become relevant when all functions of the EES are implemented.
This FRA 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 than those targeted by this guidance.
For aspects not covered in this guidance, the reader may consult the following FRA publications:
- The practical guidance for border guards Border controls and fundamental rights at external land borders (September 2020)
- The Handbook on European law relating to asylum, borders and immigration– Edition 2020 (update forthcoming in 2026) jointly published with the European Court of Human Right, in particular Chapter 2
- The Handbook on European data protection law– 2018 editionwhich explains relevant data protection standards
- The checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac (October 2015)
- The leaflet to more effectively provide migrants and asylum applicants with information on fingerprinting in Eurodac (January 2020) published with the Eurodac Supervision Coordination Group
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The online information platform (available at https://e-learning.fra.europa.eu), which describes the EU large-scale IT systems on borders, visas, asylum and migration, as well as their interoperability (December 2024).