Residents are exempt from being recorded in the EES system, regardless of where they enter the Schengen zone.

That's because there is no such rule. It's for tourists/short stay visitors only.

Foreigners resident in the EU are naturally not subject to this rule and can stay all 365 days in Spain/Schengen Area. And as mentioned in the post above, they don't go through the automatic machines.

I don't know about that in terms of outside the country of residence.

This quote is from the FAQ on the official EU Commission website, for example :

Frequently Asked Questions (FAQ)

And no doubt there are plenty of references to that elsewhere as a result.

As it comes direct from the Commission, I can't imagine it being any sort of aberration, but the practicalities of administering and enforcing it would appear to me to make it more a matter of principle by which we are supposed to abide than an enforceable rule.

Apparently full implementation has now been postponed until September.

That's right AFAIK, but it's the implementation that is the problem.
The concern is that there is no clarity on how it is going to be implemented.
This is accentuated by the ongoing inconsistent practices seen at border points.

Can't say I'm all that bothered by that at the moment.

I've got a passport and a permanent resident card which conforms to EU standards. Entering the Schengen area ought to be a pretty much uniform procedure when EES and ETIAS are fully up and running.

I think the implementation deserves further scrutiny.

Do you have the original EU statement about what exactly the exemption is?
It doesn't appear to be an exemption from using the EES machines.
Could it be that the exemption is only from supplying biometric data, and that residents entries/exits will be recorded?
That will lead to further issues.

This is the statement about to whom it doesn't apply. I have previously read statements about what what not applying means but can't lay my hands on it right now. Maybe that's been removed as redundant because what doesn't apply in terms of data collection is what does apply to those who aren't exempt (if that makes sense ). Exempt individuals don't have any data registered in EES.
To whom does the EES not apply?


From what's been said on here by people who have passed through airports after the start of the phased implementation, it appears that on presenting yourself to a machine, you're asked if you have a residence permit. A "Yes" presumably means no data is collected, since we are exempt from having any data about us stored in the EES.

Well technically having residency in Spain doesn't mean that someone should use that to stay in Germany for 365 days and live there permanently.

But EU citizenship also doesn't technically allow one to be registered as resident in one country whilst in reality living permanently elsewhere. Technically after 3 months you are supposed to register though I can imagine that there are lots of elderly folk heading over to the south during the winter months that happen to stay longer...

Well that's not a technicality. It's a fact.

Nor is that a technicality.

Situations involving EU citizens staying beyond the short stay allowance in another member state are sanctionable by fine and an obligation to register, but not by deportation. I would imagine a similar situation coming to light involving a 3rd country national officially resident in one state but outstaying the allowance in another, or working without authorisation, would be an entirely different kettle of fish.

That is the document that I have seen before, but have not seen anything more detailed.
It implies a blanket exemption, but that has been shown not to be true.

If you go back to post 42, you can see that residents have to use the EES gates, and that their data is captured BEFORE they indicate they are residents.
The example shows quite a different picture to an exemption.

I'm not reading that post as confirming anything about data capture. It merely says the passport is scanned, then the question about the residence permit appears.

Lots of muddling of water with these posts, when things are quite simple.
EU residents DONT use EES machines, they go to manual passport booth. If anyone tries to redirect them to EES machine, just wave residency card and say "No thanks".

Why are questions about residence permit on EES machine? Again, simple answer, there will be residents who got confused and ended on machine by mistake or directed by overzealous airport direction assistant.

And your source for that is?

Or your professional credentials, if your job is in that field.

Surely whatever policy is in place is simple and clearly understood by all who would read it?