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The Entry-Exit System: guidance for managers to apply its fundamental rights safeguards

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Setting the scene

The proper identification and provision of support to people with specific needs arriving at a border crossing point is essential for a fundamental rights-oriented operation of the EES. It ensures fairness, promotes accuracy of the data collected through the system, while also minimising the risk of discrimination and harm.

 

Selected findings from the field research

Qualitative research:

  • FRA research shows that resources to identify and support third-country nationals with specific needs are limited, especially at land and sea BCPs.
  • Concerning persons with disabilities a stakeholder at Sofia airport illustrates practical challenges. He noted that they “go to the front of the line with the officer who assists them […] but infrastructurally there are […] no such areas in the entire terminal that are adapted and accordingly marked for people with disabilities.”
  • At airports families with children under 12 cannot use e-gates because doing so would require separating family members.
  • The use of e-gates is largely impractical for people with reduced mobility, particularly those in wheelchairs.

Border guards survey:

  • Border guards participating in FRA’s survey anticipated the need for EES-related information and assistance to be highest for people with disabilities (65%), children travelling alone (61%) and older people (52%), based on their experience of checking third-country nationals with specific needs.(n=176)

Legal references

When implementing the EES, national authorities must respect the safeguards embedded in the Charter and in the ECHR, according to Article 10 of the EES Regulation. This means that they must pay particular attention to third-country nationals with specific needs, such as older people, persons with disabilities and children – all categories of people protected by Articles 24-26 of the Charter. To comply with Article 21 of the Charter, the EES must operate in a non-discriminatory manner.

According to Article 10 of the EES Regulation, when facial images or fingerprints are collected from children, the authorities must give a primary consideration to the best interests of the child. This principle applies regardless as to whether the child is accompanied or travelling alone. The EES Regulation provides specific protection for younger children. According to its Article 17(3), children under the age of 12 are exempt from the requirement to provide fingerprints. This exemption acknowledges the fact that children’s fingerprints evolve over time.

Guidance points

The following actions may help national authorities to properly identify and support third-country nationals with specific needs in a way which is respectful of human dignity:

  1. Setting up a system to allow and encourage third-country nationals to notify their specific needs in advance, to enable BCPs to offer the necessary support.
  2. Engaging with civil society, child protection organisations and human rights bodies to obtain their feedback on the operation of the EES.
  3. Providing guidance and training to BCPs on how to organise waiting facilities and queues in a manner which allow families to stay together and enable older people to sit without losing their place in the queue.
  4. Providing guidance and training to BCPs on managing queues so that people with specific needs, who are unable to use e-gates or self-service systems, are not disproportionately affected by long waiting times.
  5. Providing guidance and training to BCPs on how to promptly identify third-country nationals requiring assistance, e.g. by ensuring sufficient supervision of self-service systems and first line queues.
  6. Offering guidance and training to BCPs on how to ensure accessibility for people with disabilities, including by providing sufficient space for wheelchair users.
  7. Procuring and deploying self-service systems with adjustable height scanners, voice assistance, and tactile feedback to accommodate individuals with disabilities.
  8. Cooperating with disability organisations when preparing public tenders for technical equipment and to regularly assess the accessibility of BCP premises.
  9. Providing guidance to BCPs on how to guarantee that accompanying persons may assist third-country nationals with disabilities during the biometric data capture process.

 

Further reading: