The European Union has entered into a legal dispute with IBM, Atos and Leonardo over repeated delays in the development of the new electronic border control system. The case concerns the Entry/Exit System (EES), which is implemented in the 29 countries of the Schengen area and aims to strengthen security at the EU's external borders.
According to a report in the Financial Times on Monday, citing internal correspondence, the European agency eu-LISA has taken legal action against the three companies that had undertaken the development of the system.
eu-LISA is responsible for the operational management of major information systems in the European Union, including those used for border controls.
How the new border control system works
The Entry/Exit System (EES) is designed to electronically record the arrivals and departures of third-country nationals crossing the external borders of the Schengen area.
Its implementation covers 29 European countries and aims to monitor traveller traffic more effectively.
Among the main objectives of the system are:
The identification of travellers who remain in the territory after their visa expires.
To address incidents of fraud related to the identity of travellers.
The reduction of irregular migration through the strengthening of border controls.
The EES is part of the European Union's effort to modernise the control mechanisms at its external borders, using electronic registration systems.
What does the European organization answer about the education
eu-LISA confirmed to the Financial Times that the litigation concerns delays that had occurred during the development and delivery phase of the system.
At the same time, he clarified that the judicial procedure does not affect the functioning of the EES.
As the organization stated, the difference is related exclusively to the delays in the implementation of the project and not to its operational operation.
Reuters noted that it was not possible to directly and independently verify the Financial Times report.
In addition, IBM, Leonardo, Atos and eu-LISA did not immediately respond to requests for comment, which were made outside normal working hours.
The 2019 contract with the three companies
The case has its roots in 2019, when the European agency commissioned the development of the new system to a consortium involving IBM Belgium, Atos Belgium and Leonardo.
The relevant contract had a duration of six years and included both the implementation and maintenance of the central Entry/Exit System.
However, delays arose during the development of the project, which led to disagreements between the European organization and the contractors.
According to the Financial Times, the confrontation had already occurred in October 2021.
At that time, in a letter to eu-LISA, Atos Belgium and IBM Belgium challenged both the imposition and the calculation of the fine imposed on them by the Agency.
The two companies argued that the delays could not be attributed solely to them, as they had been affected by external circumstances.
Among the factors cited was the COVID-19 pandemic, which had caused significant difficulties in the implementation of large-scale projects.
The confrontation continued in the following months.
In February 2022, the three companies objected to the new deadlines set by eu-LISA for the delivery of the project.
Disputes over delays and contractors' contractual obligations are now at the heart of the judicial process, while, according to the European agency, the functioning of the border control system is not affected.
