France one way, Spain another: hauliers face border rule chaos

France, Germany, Italy, Belgium, the Netherlands, Greece, Malta, Portugal and Switzerland are understood to have agreed with the European Commission that they will not fully enforce the new biometric checks until the technology and systems are working correctly. A new deadline for the nine has yet to be announced.

The EES is the EU’s digital border-management system for recording the movements of non-EU nationals making short stays in the Schengen area. It began a phased rollout on 12 October 2025 across 29 European countries

The system replaces the manual stamping of passports with an electronic and biometric record of entries, exits and refusals of entry and is designed to strengthen external border security, identify overstayers and reduce identity and document fraud. 

The EU’s U-turn on EES has left operators facing a “regulatory patchwork”, RHA said, with the border experience potentially depending on which Schengen country they enter.

Richard Smith, RHA managing director, said: “The EU has quietly admitted this week what hauliers and coach operators have known for some time: EES is not ready.

“For our members, this now means a regulatory patchwork. A driver crossing into France may face different checks to one entering Spain, which has pressed ahead with full implementation.

“Inconsistent rules mean inconsistent enforcement – and British coach and HGV drivers carry that risk,” he warned.

British operators are already struggling with the Schnegen 90/180 day rule which came into force for British drivers following Brexit. The rule caps how long professional drivers outside of the Schengen zone can work in the EU, which is 90 days in any 180-day period.

RHA has been campaigning for an exemption from the 90/180 rule, arguing that restricting the amount of time UK drivers can spend working in Europe risks reducing the capacity of UK operators and increasing reliance on EU-based carriers.

Smith pointed to the recent arrangements concerning Gibraltar as an example of where the EU has found a bespoke solution to a difficult border issue.

The agreement provides EES exemptions for people legally resident in Gibraltar and is intended to facilitate movement across the Gibraltar-Spain border.

He said: “We have seen flexibility before. When Gibraltar needed a practical arrangement with Spain, the EU found one quickly, including an EES exemption.

“Just as the EU is beginning work to address its chronic driver shortage by easing access for hauliers from Egypt and Morocco, barriers still exist for British drivers. 

“Pragmatism should not be reserved for select instances. Where there is a will to find a way forward, it can be found. 

“The European Commission’s Visa Strategy could potentially address this. It should move as quickly as the exemptions for member states have.

“A professional driver exemption from EES is necessary to save jobs, protect businesses and keep supply-chains fluid.”