Background:  

In the context of reviewing its regulatory framework regarding the issuance of residence permits to international cargo transport operators, Latvia has identified compliance issues with the Schengen residence regime. Specifically, transport companies registered in Latvia recruit third-country nationals who enter the country solely to obtain residence permits, before being deployed predominantly or entirely to other Schengen Area countries. These drivers are often employed outside Latvia for more than three months. Consequently, Latvia launched this query to understand how other European countries regulate work permits for transport drivers and monitor their compliance. 

Respondents:

22 EMN Member countries (including BE) provided a public answer to this ad hoc query. 

Findings: 

A preliminary analysis of the results of the ad hoc query shows that: 

• The permissibility of issuing residence and work permits to drivers deployed in other Schengen States varies among EMN Member Countries. Several countries do not allow permits to be issued if the actual work is carried out permanently or predominantly in another State, as seen in AT, BG, HR, FI, DE, SK, and ES. Specifically, AT and DE require the driver's centre of vital interests or settlement to be located within their national territory. Conversely, BE, CZ, EE, FR, EL, HU, IE, IT, LV, LT, LU, NL, SI, and SE do allow this practice, though often subject to strict regional, employment, or posting conditions.  
   
• Specific requirements for cargo transport service providers employing third-country nationals differ significantly across EMN Member Countries. Some countries impose specific sectoral rules, such as IT, which requires employers to submit posting declarations through the IMI system and verify that drivers obtain a community professional driving license and CPC. In HU, third-country national drivers are required to pass a national driving aptitude test. Other countries, such as BE, mandate formal social security registration via electronic systems alongside driver attestations. However, a large number of countries do not establish a separate regulatory regime for transport operators, applying only their general migration and labour rules (EE, FR, IE, LT, LU, NL, SI).  
   
• The implementation of quota systems is rare, but compliance with Schengen stay limits remains a shared administrative concern. Most countries do not enforce specific quotas for cargo transport drivers, though EL established a limit of 140 drivers for 2026, and IT regulates entries via its annual "decreto flussi" quotas. Other countries utilise broader, non-sector-specific limits, such as general guest worker quotas in HU or national visa caps in SK. Regarding the Schengen 90-day limit within a 180-day period, several countries have identified practical monitoring difficulties. For example, BE faces challenges in reconstructing international journeys using tachograph data. Additionally, LV has identified instances where drivers work entirely abroad and enter their home territory for only 1–2 days a month to switch vehicles, potentially violating Schengen rules. 

For further details, please read the compilation of answers attached above.