Always helpful to read the actual legal text, to back up the guides… And any person with a CDS or a Brexit legal resident in the EU, who is (incorrectly) entered into the system will, after 90 days, have an ‘overstay’ logged, and probably be denied entry next time they take a trip. So not all TCN’s to ‘pass through’. Also it’s not just ‘gates’ - I understand scanning will be at booths which people walk up to and scan themselves - the entry then logged at the passport desks - or possibly automated booths.
So TCN’s outside of the system will not do initial scanning and will present at the desks with cards or their Brexit exemption proof? Which could be fun for e.g. Spanish residents who weren’t issued cards.
The legal text -
REGULATION (EU) 2017/2226 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 30 November 2017
establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011
Article 2
Scope
- This Regulation does not apply to:
(c) holders of residence permits referred to in point 16 of Article 2 of Regulation (EU) 2016/399 other than those covered by points (a) and (b) of this paragraph;
And here’s the clause excluding those EU member states which have not issued Brexit permits (the ‘declarative’ system where those meeting the conditions required automatically have rights under the Withdrawal Agreement) - these countries are Bulgaria, Croatia, Cyprus, Czechia, Estonia, Germany, Greece, Italy, Ireland, Lithuania, Poland, Portugal, Spain and Slovakia.
- The provisions of this Regulation regarding the calculation of the duration of the authorised stay and the generation of alerts to Member States when the authorised stay has expired do not apply to third-country nationals who:
(a) are members of the family of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other; and
(b) do not hold a residence card pursuant to Directive 2004/38/EC or a residence permit pursuant to Regulation (EC) No 1030/2002.