{"id":7568,"date":"2024-03-20T10:00:03","date_gmt":"2024-03-20T10:00:03","guid":{"rendered":"https:\/\/abtot.com\/new2026\/?p=7568"},"modified":"2025-04-15T16:03:48","modified_gmt":"2025-04-15T15:03:48","slug":"etias-ees-what-do-tour-operators-need-to-know","status":"publish","type":"post","link":"https:\/\/abtot.com\/new2026\/etias-ees-what-do-tour-operators-need-to-know\/","title":{"rendered":"ETIAS & EES \u2013 What Do Tour Operators Need To Know?"},"content":{"rendered":"

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In this article, prepared for ABTOT and BCH ABTOT Members, Matt Gatenby, Senior Partner at law firm Travlaw discusses the legal aspects of the forthcoming new rules affecting travel to the EU for non-member countries such as the UK.<\/i><\/h4>\n

Background<\/b><\/p>\n

As always, some brief context is useful here. Pre-\u201cBrexit\u201d travel between the UK and the EU (or, more accurately, the \u201cSchengen Area\u201d which is not quite the same \u2013 but let\u2019s keep it simple and work on the basis that this is what we mean when we say \u201cEU\u201d!) was largely frictionless \u2013 the free movement of goods and people being key concept of the European Union. Post-Brexit UK travellers have experienced a slightly different scenario \u2013 no visa has been needed, but we have had the so-called \u201c90\/180 rule\u201d, under which non-EU nationals have been restricted to not being able to spend more than 90 days in the EU in every 180 days unless they do have a visa. Given the UK also has the little-talked-about Common Travel Agreement with Ireland, in the round, this has meant that practically travel for UK travellers has been relatively easy in the time since Brexit.<\/p>\n

What Is Changing<\/b><\/p>\n

For some time now, however, there have been moves EU-side to change the rules on travel to the EU for those not a part of it. Whilst these rules are not specifically targeted at the UK, it is fair to say that given our geographical proximity the UK will be one of the countries most affected by the changes.<\/p>\n

In essence \u201cthe\u201d change here is the implementation of a new system for travel to the EU. It is not, explicitly a visa \u2013 more a visa-waiver programme, and is named the \u201cEuropean Travel Information and Authorization System\u201d, or ETIAS for short.<\/p>\n

What Is ETIAS? (And what is the EES?)<\/b><\/p>\n

ETIAS is a wholly electronic system designed to monitor and track non-EU nationals when entering and exiting the EU. In practice ETIAS, which sits alongside normal passports, will require a security screening of each applicant to ascertain whether they can be permitted to visit any EU country. For those familiar with the now-longstanding systems like the US \u201cESTA\u201d or Australian \u201cETA\u201d you would not be entirely out of place to draw parallels in terms of how ETIAS will work.<\/p>\n

Assuming a traveller is granted an ETIAS pass, the technology behind making it work on the day is the Entry and Exit System, or \u201cEES\u201d. Again, this is entirely electronic and meant to streamline the process of entry and exit. Those who find satisfaction in the stamping of passports will be disappointed to learn that, in theory, this will be a practice of the past. The EES is effectively similar to the biometric process that many of us will have already experience in that the data required to make it work will mean collection of all kinds of biometric data (facial scan, fingerprints and so on) as well as the usual full name, date of birth etc\u2026 This is not-negotiable \u2013 if a traveller refuses to provide this data ahead of entry, they will be denied access. In practice this means that the companies facilitating travel (airlines, ferries, trains) are likely to require the information to be provided in advance as part of their terms. In turn, that will mean a requirement for tour operators, and indeed travellers, to be aware of the requirements and having taken steps to be ready. The expectation of \u2018go-live\u2019 on EES is \u201cAutumn 2024\u201d but do not be surprised if that is pushed back.<\/p>\n

How will travellers obtain an ETIAS?<\/b><\/p>\n

In important point to keep flagging here is that ETIAS will be an entirely online process with no apparent recourse for anyone to apply in any other way. The expectation is that a typical application is expected to take around 10 minutes to complete. Most ETIAS applicants will be notified either instantly or within a few hours of their approved authorisation. Applicants who are denied an ETIAS will receive explanations of their denial. For example, an ETIAS application may be refused if the applicant poses a threat to public policy, security, or health, or if the applicant has provided false or incomplete information on the ETIAS application. A few more salient details, correct at the time of writing:<\/p>\n