At least nine countries – Belgium, France, Germany, Greece, Italy, Malta, the Netherlands, Portugal and Switzerland – had previously asked Brussels for more flexibility in applying the Entry/Exit System (EES), amid concerns that full biometric checks could overwhelm border infrastructure.
The temporary safeguard allowing border authorities to suspend biometric registration during periods of exceptional congestion expired on 6 September 2026. However, reports published since the deadline indicate that Brussels will not take enforcement action against countries that are still unable to carry out the checks fully, effectively allowing a period of further operational flexibility.
Crucially, this does not appear to amount to a formal extension of the EU derogation.
The European Commission has not published a new legal act extending the temporary suspension mechanism, while the underlying EES rules remain unchanged.
EES has officially been fully operational since April
The Entry/Exit System became fully operational across the Schengen area on 10 April 2026 following a six-month phased introduction. It digitally records entries and exits by most non-EU nationals travelling for short stays, including British citizens, and stores passport information alongside fingerprints and facial images.
Regulation (EU) 2025/1534 provided temporary flexibility during the rollout. Among other measures, it allowed authorities to temporarily suspend some EES operations where exceptional traffic caused excessive waiting times. The regulation made clear that such suspensions were intended to be used only when strictly necessary and for the shortest possible period.
That flexibility continued for a limited period after full implementation, but expired on 6 September. The Commission has previously said it remained in close contact with the small number of countries where operational adjustments were still required and offered additional EU support to resolve outstanding problems.
Why it matters for freight through Dover and Eurotunnel
Although EES is an immigration system rather than a freight-control measure, disruption to passenger processing can quickly affect lorry movements where passenger and freight traffic share the same infrastructure. The issue is particularly important on the Channel Short Straits.
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At the Port of Dover and Eurotunnel, French border authorities conduct immigration checks before travellers leave the UK. The UK government warns that EES registration can take additional time and that passengers may therefore face longer waits at the border.
For hauliers, the concern is that queues generated by cars, coaches and other travellers can spill over into freight operations even though professional drivers themselves represent only a fraction of the traffic being processed. Logistics UK has previously calculated that even an average additional delay of 90 minutes on the Short Straits could cost the British economy around £400 million a year.
Its modelling, carried out with MDS Transmodal, estimated that a prolonged disruption could add around £1,100 to the cost of an individual truck journey. More than 3.3 million HGVs used the Short Straits in the year on which the analysis was based.
The industry body has repeatedly warned that delays on this corridor can affect both exports and time-sensitive imports, including food and other perishable goods.
Patchwork implementation likely to continue
The latest development means EES implementation is likely to remain uneven. Some Schengen countries and border crossings are already applying the system fully, while others are still facing technical, staffing or infrastructure constraints. The Commission nevertheless continues to describe EES as “fully operational”. Its official guidance states that the system has been running at all external Schengen border crossing points since 10 April.
That creates an unusual situation: the legal transition period has effectively ended, but Brussels appears prepared to tolerate temporary departures from full implementation rather than risk serious disruption at major border gateways.
For UK hauliers using Dover and Eurotunnel, that may provide some immediate protection against the worst-case queue scenarios forecast before the EES rollout. It does not, however, amount to a permanent solution. Without a formal extension of the derogation, the remaining countries are still expected to bring their border infrastructure and procedures into line with the full EES requirements.
