Essential eu-LISA Phase 1 Guidance for Aviation Operators

The European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security, and Justice (eu-LISA) has announced a significant postponement of the Entry/Exit System (EES) implementation. Initially scheduled for September 1, 2022, it has been pushed back to November 10, 2024, with further delays likely. This new system aims to enhance traveler screening for operators transporting passengers into the Schengen Area. It is imperative for aviation operators to comprehend the implications of this delay and take proactive measures to comply with forthcoming requirements.

Understanding eu-LISA & EES

eu-LISA is tasked with managing systems that verify travelers’ visa statuses across the 26 Schengen countries. The EES is designed to automate the verification process, thereby alleviating the administrative burdens historically placed on carriers. By capturing vital traveler information, the EES intends to streamline border control and improve data accuracy, ultimately enhancing the overall security of the Schengen Area.

Key Elements of the EES

The EES will require operators to electronically verify the visa validity of third-country nationals traveling to the Schengen countries. This process will include:

• Comprehensive Data Collection: The EES will collect essential data such as the traveler’s name, type of travel document, biometric data (including fingerprints and facial images), and the date and place of entry and exit. This system will replace the time-consuming manual stamping of passports and enable systematic detection of overstayers.
• Real-Time Monitoring: The EES is expected to provide real-time data monitoring capabilities, allowing authorities to swiftly identify potential threats and ensure compliance with entry requirements. This level of oversight is crucial for maintaining the integrity of the Schengen borders.

The Expanding Scope of eu-LISA

While the initial language of eu-LISA’s requirements appeared to target commercial operators, it is becoming increasingly clear that the regulations will extend to both Part 91 (private) and Part 135 (charter) operators. This trend follows historical patterns observed in other data collection initiatives, such as the Advance Passenger Information System (APIS), which originally applied to commercial flights but later expanded to include private operations.

Implications for Business Aviation Operators

Business aviation operators, regardless of size or operational structure, are strongly advised to register with eu-LISA to comply with the new regulations. This registration process not only facilitates smoother operations but also helps ensure that operators are not left scrambling as deadlines approach. The complexity of the EES demands that all operators, including those in Part 91, are well-prepared to fulfill their obligations.

Preparing for EES & ETIAS

In addition to the EES, operators should also be aware of the forthcoming European Travel Information and Authorization System (ETIAS), scheduled to launch in Spring 2025. ETIAS will require operators to verify the travel document status of visitors from countries that do not currently require a visa to enter the Schengen Area. Given the significant number of countries that will be affected—potentially expanding beyond the current 60—it is essential for operators to stay informed and compliant with these evolving regulations.

Action Steps for Aviation Operators

As the regulatory landscape continues to evolve, understanding the implications of eu-LISA and the Entry/Exit System will be essential for ensuring smooth operations when transporting passengers into the EU;

• Proactive Registration: Operators must prioritize registering with eu-LISA as soon as possible. The registration process can be time-consuming and may require legal documentation, so starting early will help mitigate any last-minute complications.
• Comprehensive Training: Ensuring that crew members and ground staff are trained on the new systems and protocols is essential. This training will help prevent misunderstandings and operational inefficiencies once the EES and ETIAS are fully implemented.
• Stay Informed: Regularly review updates from eu-LISA and other regulatory bodies to stay informed about changes in requirements and timelines. Engaging with industry organizations can also provide valuable insights into best practices and compliance strategies.
• Utilize Support Resources: Get guidance from experts at Just Aviation who can help you navigate the complexities of eu-LISA registration and EES compliance. Many operators find that using external resources streamlines the process and reduces potential errors.
• Scenario Planning: Given the uncertainties surrounding the rollout of EES and ETIAS, operators should develop contingency plans to address potential challenges. This might include adjusting operational protocols or enhancing communication strategies with passengers to ensure compliance with entry requirements.

Planning with Pre-Operation Scenarios

These scenarios illustrate the importance of proactive measures in navigating the complexities of eu-LISA and EES regulations. By anticipating potential challenges and taking decisive actions, aviation operators can ensure compliance, thereby maintaining operational integrity while facilitating the transport of passengers into the EU:

Scenario 1: First-Time Operator Transporting Passengers to the EU

A Part 91 operator plans its inaugural flight to France. Unaware of the eu-LISA registration requirements, they are at risk of non-compliance and potential flight delays.

Steps to Navigate the Situation

• Registration: The operator must register with eu-LISA to transport passengers into the EU. This requires providing documentation that verifies the legal status of the operator and complies with the Entry/Exit System (EES). This process can take several weeks, but submitting accurate information expedites approval.
• Passenger Screening: After registration, the operator needs to submit passenger details, including their visa status, biometric data, and travel document information. The EES will cross-check the data with immigration databases to verify admissibility.
• Integration: Once registered, the operator must integrate the EES system into their existing passenger handling processes to ensure smooth compliance with EU border control requirements. This will replace the traditional passport-stamping method.
• Outcome: The operator successfully completes the flight by following all necessary steps for compliance. Just Aviation assists the operator in registering and understanding the passenger screening process, ensuring that their first trip to the EU adheres to the regulations and avoids costly delays.

The operator successfully completes the flight by following all necessary steps for compliance. Just Aviation assists the operator in registering and understanding the passenger screening process, ensuring that their first trip to the EU adheres to the regulations and avoids costly delays.

Scenario 2: Established Operator Transitioning to Compliance

A Part 135 charter operator that frequently flies into the Schengen Zone has yet to comply with the updated eu-LISA requirements. As their operations expand, they realize the need to align with the new system to avoid penalties and delays.

Steps to Navigate the Situation

• Compliance Audit: The operator first needs to review their current processes to ensure they meet all eu-LISA standards. This includes registering with the eu-LISA portal and submitting required passenger data for verification.
• Updating Internal Procedures: They must update their internal passenger handling protocols to comply with EES requirements, including integrating new steps for e-verifying visa validity for third-country nationals.
• Training: The operator needs to provide training for their flight crews and ground staff to familiarize them with the EES processes, ensuring the transition is seamless.

The operator transitions smoothly into full compliance with eu-LISA regulations, maintaining their regular European routes without disruptions. Just Aviation supports them by conducting a thorough audit and providing guidance on updating procedures, resulting in a smooth regulatory transition.

Scenario 3: Handling Last-Minute Changes to Flight Plans

Background: A charter operator is scheduled to fly a group of passengers to Switzerland. At the last minute, they need to accommodate extra passengers, which poses a challenge as the new passengers’ visa statuses must be verified through the eu-LISA system.

Steps to Navigate the Situation

• Passenger Data Submission: The operator must immediately update their passenger list within the eu-LISA system, submitting the necessary visa and biometric information. This ensures the passengers’ admissibility is verified before departure.
• Real-Time Data Processing: As this is a last-minute update, the operator needs to rely on the system’s ability to process the data in real time. The EES ensures that even with late submissions, passengers can be cleared for travel as long as the data is correct.
• Contingency Planning: The operator should have contingency plans in place for last-minute changes. In this case, they rely on their ability to quickly gather the necessary documentation and submit it through the eu-LISA portal.

The operator manages to accommodate the extra passengers and ensures compliance with all EU regulations before the flight departs. Just Aviation helps streamline the process by providing tools and expertise for handling last-minute changes within the eu-LISA framework, minimizing any operational impact.

Just Aviation specializes in comprehensive business flight support services, ensuring seamless operations for operators navigating complex regulations such as the eu-LISA Entry/Exit System (EES) and ETIAS. From registration assistance to real-time passenger data management, Just Aviation helps operators stay compliant with EU visa verification requirements, biometric data submission, and automated border control processes, making flights into the Schengen Zone efficient and hassle-free.