EES System from 10 April 2026 - what it really means for transport companies

The Entry/Exit System (EES) is not just another "border paperwork". It is the biometric database of the European Union that, from 10 April 2026, records every crossing of the Schengen external border by third-country nationals. For Polish transport and freight forwarding companies employing drivers from Ukraine, Belarus, Moldova or Georgia, this is the biggest operational change since the Mobility Package.

This article shows what specifically changes in practice, what penalties the company and employee face, and how to structure HR policy so you do not lose people or contracts.

What is EES and who is affected?

EES is a central IT system managed by eu-LISA (the European Agency for the Operational Management of Large-Scale IT Systems). It operates in parallel with the Schengen Information System (SIS) and the Visa Information System (VIS).

What it records:

• Biometric data - face scan + fingerprints (4 fingers of the right hand)
• Travel document - biometric passport or ID
• Date and place of entry and date and place of exit
• Status of the traveller - short-term stay, ETIAS, Schengen visa, refugee status

The system applies to all third-country nationals entering the Schengen area for short stays (up to 90 days in a 180-day window). This includes:

• Ukrainians travelling under the visa waiver (in force from 11.06.2017)
• Belarusians, Moldovans, Georgians under the analogous visa-free regime
• UK citizens from 01.01.2021 (after Brexit)
• Other nationals on the visa-waiver short-stay list

Polish citizens are not subject to EES - as EU citizens you are registered in other systems.

Polish infrastructure - 71 border crossings

The system was launched 10 April 2026 simultaneously at 71 Polish border crossings:

• Land (external border with UA, BY, RU): Medyka, Korczowa, Hrebenne, Dorohusk, Terespol, Kuźnica, Bobrowniki, Grzechotki, Bezledy
• Sea (ports with non-Schengen lines): Gdynia, Gdańsk, Świnoujście
• Air (non-Schengen terminals): Warsaw-Okęcie, Krakow, Wrocław, Gdańsk, Katowice, Poznań, Rzeszów-Jasionka

The Polish Border Guard handles EES through new infrastructure: biometric booths with fingerprint readers, cameras, threshold scales (to confirm presence in the vehicle), entry/exit registration terminals.

The 90/180 rule - what it means for a driver in practice

Every third-country national may stay in the Schengen area for a maximum of 90 days in any 180-day period (calendar, rolling window). This is not a "every 6 months you reset the counter" rule - it is a rolling window: each day we look back 180 days and count how many of those days were in Schengen.

Example. A driver from Ukraine:

• Entered 1.01.2026, exited 31.03.2026 - that is 90 days
• Returns to Poland 1.05.2026
• The system checks: in the last 180 days (so from 4.11.2025) he was in Schengen 90 days
• Entry is denied. He can return no earlier than 30.06.2026 (when the first day from January drops out of the 180-day window).

Before EES this rule was enforced subjectively - passport stamps, manual counting by officers, frequent mistakes. After EES the system counts automatically and refuses entry on day 180, no discussion.

Consequences for a transport company employing UA/BY drivers

1. Driver deportation

If the driver exceeds 90 days - and the system detects it on entry or exit attempt - he is deported at his and the employer's expense. The most common scenario: the driver delivers cargo to Germany, returns to Poland, the Polish-Ukrainian border detects the overstay, the driver is detained, the vehicle immobilised.

2. Multi-year Schengen ban

Standard sanction for overstaying: 1, 3 or 5 year entry ban. The driver loses the right to work in the EU.

3. Administrative fines for the employer

In Poland: Article 120 of the Foreigners Act - PLN 3 000 to 30 000 fine for employing a foreigner in breach of stay conditions. In Germany: § 404 SGB III - up to EUR 500 000. In the Netherlands: up to EUR 8 000 per incident.

4. Vehicle immobilisation

If ITD or border guards detect that a driver is operating after his overstay was discovered - the vehicle is immobilised until the driver is replaced. Standstill may last 24-72 h.

5. KREPTD entry and loss of "good repute"

In KREPTD every penalty imposed on a transport company is recorded. After exceeding the demerit-point threshold the company loses good repute status - resulting in licence revocation. This is the most serious, long-term consequence.

How to structure HR policy under EES

Step 1: Current state audit

Check each UA/BY/MD/GE driver:

• How many days they have been in Schengen over the last 180 days (lists from GPS systems, working-time records, CMR consignment notes)
• What residence status they have (residence permit, temporary residence card, visa-free regime)
• Whether they are subject to the 90/180 rule at all (drivers with temporary/permanent residence card in PL are not subject to this rule)

Step 2: Two long-term paths

Path A - residence card in Poland. The driver applies for temporary residence permit for work (Article 114 of the Foreigners Act). After positive decision (3-6 month procedure) - they stop being subject to the 90/180 rule and can stay in the EU indefinitely (within the card validity).

Path B - driver rotation. You maintain a pool of UA/BY drivers larger than your fleet. Each driver works 60-70 days, then returns for 90+ days to their country. Requires efficient HR planning and higher costs (rotational travel, accommodation).

Step 3: Schengen-day tracking system

Implement in your company:

• Per-driver Schengen calendar - with daily "in Schengen / out" entry
• Alert at 70 days (20 left)
• Hard limit at 80 days (driver returns to home country)
• GPS vehicle tracker synced with the tracking system

In OpenCompany's TSL accounting this module is standard - we count Schengen days alongside working time and payroll.

What about Belarusians in 2026?

Belarus has elevated risk status in 2026 - from March 2024, Polish consulates suspended Schengen visa issuance at the land border. Belarusians can enter Schengen only with a biometric passport and a visa issued before 2022. After entry - the 90/180 rule is enforced with greater severity, border checks more intensive.

Polish companies employing drivers from Belarus should conduct full document verification before sending them on the road after 10 April. The risk of deportation + vehicle seizure is highest for this group.

What about UK after Brexit?

UK citizens are third-country nationals in the Schengen area sense from 1.01.2021. Polish companies employing UK drivers (typically ex-military, IT experts, trainees) are subject to the same 90/180 rule. Additionally - from early 2026 the British ETA system (Electronic Travel Authorization) applies to EU nationals entering the UK, including Polish drivers. Cost GBP 10, validity 2 years.

What's next - dates ahead

• 24.04.2026 - Road resurfacing at Medyka crossing, ~10 weeks of works, reduced capacity
• Q3 2026 - Planned launch of ETIAS (European Travel Information and Authorisation System) - additional obligation for visa-waiver third-country nationals
• 2027 - Requirement to integrate EES with container terminal loading systems in EU ports

Summary

EES is not a threat to the transport industry - if you understand it and structure processes accordingly. Companies that, by the end of Q2 2026, implement a Schengen day tracking system, Path A or B for UA/BY drivers and an internal foreign-employment policy win on profitability. Companies that do not - risk losing transport licence in a 6-12 month cycle.

At OpenCompany we run transport-licence companies together with operational EES advisory: our clients receive HR policy, a Schengen day calculator and TSL accounting support from day one after company takeover.

Book a free consultation or call: +48 731 555 069.

Legal status: May 2026. Article based on EU Regulation 2017/2226 establishing EES, the Foreigners Act and TSL industry market reports. Each UA/BY employee case requires individual legal analysis - this text does not constitute legal advice.