Trade groups coordinate in call for border changes as EU faces blockades

British and Eastern European hauliers are fighting back against the European Union’s border rules that limit the number of days visiting drivers can spend in the Schengen area.

Eastern European drivers blockaded land freight crossings into the EU in protests beginning in late January, and were considering further blockades as Transport Operator ‘s March print edition closed for press. Meanwhile, British trade associations came together to co-sign a letter to Maroš Šefčovič, the European commissioner for trade and economic security, requesting reform.

The bone of contention is the so-called 90/180 rule, which permits drivers from third-party nations visiting the EU’s Schengen area to spend only 90 out of any 180 consecutive days within its borders.

The regulation has hitherto been patchily enforced as it has required manual checks, but the long-awaited European Entry/Exit System (EES) – expected to be active at every Schengen border crossing point by 10 April – will enable drivers exceeding the 90-day limit to be automatically refused entry.

The system uses biometric data rather than physical passports to identify individuals and tots up time spent in the Schengen area automatically. It may also apply sanctions to drivers who have exceeded the 90-day limit when they exit the zone.

The managing director of the Road Haulage Association (RHA) and chief executive officer of Logistics UK signed the letter to Mr Šefčovič last month, along with chiefs of the Association of Pallet Networks, British Association of Removers, British International Freight Association, British Ports Association, Chemical Business Association, Cold Chain Federation, UK Major Ports Group and UK Warehousing Association.

The letter asks that any fines or punishments for exceeding the 90-day limit be suspended for at least the first two years. It requests that member state border officials apply ‘light-touch enforcement’ during peak times and calls for hastened introduction of a mooted pre-registration app for biometric data. These measures could help minimise disruption, it suggests, by allowing biometric data to be captured off-site prior to travel.

The letter’s signatories also restated their long-term aim of an exemption for professional drivers, warning that supply chains and jobs would be at risk due to insufficient driver numbers once full enforcement was in train.

RHA managing director Richard Smith said: “We’ve been very clear that stricter enforcement of the 90/180 rules will put UK transport operators and their customers at home and abroad at risk of insolvency when it starts in April.

“This is bad news for all parties affected but could be easily remedied through these pragmatic, short- and long-term easements to keep people and goods moving across borders so that businesses don’t fall foul of 90/180 rules.”

Ben Fletcher, chief executive of Logistics UK, added: “Our members keep the wheels of commerce and industry moving between the UK and Europe and across the continent, delivering all that homes, hospitals, factories and schools need every day.

“The EU must recognise the barriers which the 90/180 rule is placing before trade, and find an urgent solution that helps maintain the smooth movement of goods on which we all rely across our highly interconnected supply chain, on both sides of the English Channel.”

British Ports Association chief executive Richard Ballantyne said: “As well as restricting the time British freight drivers and travellers can spend in the EU, the EES requirements could have serious implications on the flow of vehicles through European borders.

“This could be particularly challenging for those ports with juxtaposed controls here in the UK and we need meaningful solutions to ensure trade and passenger movements are not negatively impacted.”

The publication of the letter in February followed a blockade by drivers from Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia which lasted for several days, citing fears that stricter EES-linked enforcement of the 90/180 rule would make regular EU work impossible.

A hastily-convened online meeting between European Commission officials, Western Balkans transport ministers and regional transport organisations saw representatives emphasise an urgent need to develop transitional arrangements to allow drivers to continue operating without incurring penalties once EES is fully operational.

Maida Gorčević, Montenegro’s minister for European affairs, said the drivers concerned did not pose a migration risk and urged practical solutions, stressing that the group involved is “clearly defined and limited” and works mainly with EU countries, including Belgium, Croatia, France, Germany, Italy and the Netherlands.

However, truck drivers from the affected countries were said to be considering further blockade action, having claimed the talks with the EU had been unsuccessful.

The European Commission was reported by the trans.info website to be working with Western Balkan countries to establish how many professional drivers are affected, their patterns of work within the Schengen area, and the operational problems that will be caused by EES when it comes on stream. But it appeared that there was little hope of a quick fix.

However, there is growing awareness in Brussels of the difficulties facing hauliers and drivers from third-party countries operating within the Schengen area, as outlined in its EU Visa Strategy adopted in late January.

The first document of its kind to be adopted by the EC, the strategy sets out the bloc’s intention to “be better equipped for growing mobility” – a pledge the RHA says is welcome, given the increasing future impact of the new digital Entry/Exit System on British hauliers and coach operators.

In a section entitled ‘Reducing complexities’, the EU Visa Strategy acknowledges that: “Some third country professionals who heavily rely on mobility between member states – such as touring artists, athletes attending sporting events, experts working on cross-border projects, work-force supporting the EU industries and services or truck drivers servicing EU businesses – may require access to different member states for more than 90 days within 180 days, without needing long stay or residence in the EU.

“This creates a complex system, which is further complicated by the existence of bilateral agreements concluded by some member states before the entry into force of the Schengen acquis, which allow nationals of specific third countries to stay beyond 90 days, but only within the territory of the member state concerned, thereby undermining the uniform application of the Schengen acquis.

“The Commission will work closely with member states to identify pragmatic solutions to accommodate extended short stays for selected categories of third-country nationals, ensuring a security and economic benefit for the Union, as well as legal clarity for travellers.

“These reflections will also explore the introduction of new legislation with a specific set of extended short-stay rules at EU level. In this context, the Commission will review the impact of existing bilateral agreements allowing extended stays, with a view to gradually phasing them out.”

The recognition by the EU of the difficulties involved comes in the context of efforts by the Starmer government to rebuild relations and collaborative structures with the bloc following Brexit, prior to which British drivers could stay within the Schengen area – which includes most EU member states and a handful of bordering nations – for indefinite periods.

Responding to the publication of the Visa Strategy, RHA managing director Richard Smith said the association was encouraged by the EC’s acknowledgement of challenges that the stricter enforcement of the rule, as enabled by the EES, would pose for businesses.

“We take heart that the European Commission’s strategy references our sector – and others relying on us – ‘may require access to different member states for more than 90 days within 180 days, without needing long stay or residence in the EU’…

“The EC clearly acknowledges the value that third-country businesses including transport bring to their economies and the challenges stricter checks will bring.

“This is a great opportunity for the UK government to make the case for a professional drivers’ exemption and other easements in their reset talks.”