The US demands exemptions for military and diplomatic staff in the EU’s digital borders system
Topic
Country/Region
19 February 2026
The US has demanded the EU give preferential treatment to its diplomatic, military and other personnel, exempting them from mandatory fingerprinting and facial scanning at the borders of the Schengen zone. An internal note from the Council of the EU provides guidance to member states on how to be “flexible”.
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Image: Braden Kowitz, CC BY-SA 2.0
The EU’s new digital border system, specifically the Entry/Exit System (EES), which is currently being rolled out, will largely replace passport stamps with biometric registration to track people traveling in and out of the Schengen zone of free movement.
As the system rolls out, various non-EU states appear to have requested clarity on whether their diplomatic and other official personnel will be exempted from biometrics requirements – such as fingerprinting and facial scans.
A note from the Cypriot Presidency of the Council of the EU, obtained by Statewatch, reports that the US has demanded its diplomatic, military and associated personnel be exempted from EES registration. The US gave the EU until the end of January 2026 to respond, threatening that if its demand was not met, EU diplomats and officials would themselves be obliged to appear in person at a US consulate for fingerprinting before travelling to the US.
Put more simply, if the EU does not give US personnel preferential treatment, the US will attempt to inconvenience, and potentially embarrass, EU diplomats.
Apparently keen to placate the US while retaining some amount of sovereignty over the EU’s border systems, the Presidency note offers member states template responses to the US demands.
These non-binding "lines" – found in the annex to the Presidency note – acknowledge the categories of US personnel already exempt from the EES system, and assure the US that in cases where an official on a new posting is obliged to register biometric information when first arriving at a Schengen border, that information will be deleted once the member state receives proper documentation of the official’s exempt status.
The suggested lines also confirm that military personnel are exempt from EES registration, thanks to reciprocal arrangements under the NATO alliance. While this exemption is not typically extended to accompanying non-military personnel (which is to say, civilian contractors and families), the note suggests member states offer “flexibility” in letting those people avoid registration as well.
It appears there is a limit though: the suggested lines are firm that military and associated personnel travelling in a personal capacity are not exempt from the rules, and therefore would be obliged to register their fingerprints or facial scans.
The note strikes a contentious tone towards the ends, where it recommends member states remind the US that EU diplomats are already obliged to submit biometric data - including facial scans - when entering the US, highlighting the hypocrisy in the US demand.
This is not the first time the US has demanded the EU’s acquiescence when it comes to digital border systems. In December 2025, Statewatch published a document showing willingness among EU member states to grant US border agencies access to personal data stored in their databases.
Member state delegations were apparently updated on this biometrics row with the US at the February 5 meeting of the Working Party on Frontiers.
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Further reading
Submission to Home Office consultation on a new legal framework for law enforcement use of biometrics, facial recognition and similar technologies
On 12 January, Statewatch responded to the Home Office’s consultation on developing a new legal framework for governing the use of biometrics, facial recognition and similar technologies.
US access to EU citizens’ biometric data: ministers approve EU negotiating mandate
EU ministers have agreed to launch negotiations on an agreement that would grant US border agencies direct access to personal data stored in EU member state databases, and give EU agencies similar access to US data. The US is demanding access to the databases of all states that are part of its Visa Waiver Programme, for “immigration screening and vetting activities.” This is part of a broader plan to massively increase the amount of sensitive data gathered on travellers.
EU: Biometric borders: half the member states see "high risks" for Entry/Exit System plans
Half of the EU's member states "foresee high risks" for the plan to have the biometric Entry/Exit System (EES) border crossing database up and running by the end of September this year, citing problems with testing, procurement, training and the adaptation of border infrastructure.
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