Preparing for ETIAS: How the new rules will impact business travels to the Netherlands

_{By Kirsty Gies}

As the European Union rolls out more robust security measures, Dutch companies with international business travelers should be aware of the European Travel Information and Authorization System (ETIAS). Originally scheduled for implementation on 10 November 2024, ETIAS has been postponed again, but businesses should be ready for its arrival. This travel requirement will affect visa-exempt travelers entering the Schengen Area, including the Netherlands, and could impact business operations for companies reliant on short-term business travel.

For Dutch companies, understanding ETIAS and its implications is essential to maintain smooth business operations and avoid potential disruptions. Here’s what businesses need to know.

What is ETIAS?

ETIAS, the European Travel Information and Authorization System, is a travel authorization that visa-exempt nationals visiting the Schengen Area for short stays (up to 90 days within a 180-day period) will be required to obtain (comparable to the US ESTA system). Travelers from more than 60 countries, including the United States, Canada, Japan, and Australia, will need to apply for ETIAS authorization before traveling to the EU.

Though not a visa, ETIAS is part of the EU’s initiative to bolster border security by pre-screening visa-exempt travelers for security, health, or migration risks. Once granted, ETIAS authorization is typically valid for three years or until the traveler’s passport expires.

How will ETIAS impact business travel?

For Dutch companies with employees and visitors from abroad or those hosting international partners, ETIAS will introduce a new layer of preparation for international travel. Below are several key ways in which ETIAS will impact business immigration in the Netherlands.

Additional administrative requirements for visa-exempt travelers

Currently, employees from visa-exempt countries can travel to the Netherlands with only their passport. With ETIAS, however, they will need to complete an online application before travel, which includes personal details, travel history, and criminal and health background. The application is expected to cost around €7.

Most applications should be approved quickly, but for travelers flagged during the process, ETIAS travel authorization could take longer—potentially complicating last-minute business travel plans. Dutch companies should consider implementing a process to ensure all business travelers complete ETIAS applications well ahead of any travel.

Enhanced security and compliance screening

ETIAS’ primary purpose is enhanced border security, with travelers flagged for potential risks facing further scrutiny or even denied entry. This could affect business travelers with a history of visa or immigration issues, which might prevent authorization.

If an application for an ETIAS travel authorization is refused, the applicant has the right to appeal. With the rejection notice the applicant will receive an email indicating the grounds for the refusal and the authority that took the decision.

Dutch companies may need contingency plans to cover for essential personnel if any traveler faces ETIAS issues. A proactive approach to understanding ETIAS processes can help companies minimize these disruptions.

Implications for short-term business visits

Companies that often arrange short-term business visits, project consultations, or temporary assignments within the Netherlands will need to factor ETIAS into travel plans. Although employees with long-term residence permits are unaffected, short-term visitors and consultants from visa-exempt countries must hold ETIAS approval before arrival.

Employees who frequently travel in and out of the Netherlands from outside the EU may also need to renew their ETIAS authorization, especially if it expires or if they obtain a new passport.

Managing costs and compliance for large teams

Large companies relying on global talent may find managing ETIAS compliance complex. While the €7 application fee is minimal, tracking multiple ETIAS applications, renewals, and expiration dates for employees may become burdensome. Adding an ETIAS check to internal travel policies could help manage these compliance requirements efficiently.

It’s also essential to remember that ETIAS does not replace other permits. Companies will still need to manage residence for employees on long-term assignments and work permit on short-term assignments, if the activities are not work permit waived. ETIAS is intended to support short-term travel within Schengen borders, complementing—rather than replacing—existing immigration requirements.

Why delayed implementation matters

The postponement of ETIAS, initially scheduled for November 2024, gives businesses more time to prepare. However, with no definitive start date, Dutch companies should remain alert to ETIAS developments and updates. This to prevent any unexpected complications when ETIAS is officially launched.

How Dutch companies can prepare

ETIAS may add complexity to business travel logistics, but companies can take proactive steps to ensure smooth compliance:

• Educate employees on ETIAS requirements: Inform staff about ETIAS and the importance of obtaining authorization before any travel to the Netherlands or other Schengen countries.
• Prepare for international visitors: If your company frequently hosts foreign clients or partners from visa-exempt countries, provide them with information about ETIAS, encouraging them to apply for authorization in advance.
• Integrate ETIAS compliance into your travel policy: Add an ETIAS check to your travel policy, particularly for short-term business travel within the Schengen Area.
• Work with an immigration law specialist: Navigating new regulations like ETIAS can be complex. Partnering with a Dutch immigration law firm, like Everaert Advocaten Immigration Lawyers, can help ensure a seamless process and compliance with all travel requirements.

Entry/Exit System (EES)

Another EU travel tool that will likely come in place in 2025 is the Entry/Exit System (EES). EES is an EU-wide information system designed to register entry and exit data of non-EU nationals (third-country nationals) traveling into and out of the Schengen Area.

EES will automate the processing of travelers’ biometric data and entry/exit dates, replacing the need for manual passport stamping, which is currently used to monitor compliance with short-stay limits. This means that the 90-day stay limit within 180 days for non-EU nationals in the Schengen Area will be monitored much stricter.

No action will be required from travelers before they start their trip, as registration will be done at the external border of any of the 29 European countries using the system.

Need Assistance? Contact Everaert Advocaten

Everaert Advocaten specializes in Dutch and EU immigration law. Our team is ready to assist Dutch companies in understanding and complying with ETIAS and EES, ensuring smooth business travel for international employees and clients.

Don’t let ETIAS and EES disrupt your business travel—contact us today to ensure compliance and avoid future complications.

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