Changes to SENT from 1 November for non-EU companies and from 2025 also for EU companies. What do they concern?

The draft amendment of the Act on Posting of Drivers and Certain Other Acts was adopted by the Council of Ministers in the second half of August this year. The initiator of the changes was the Ministry of Infrastructure. It motivated its proposal for more effective monitoring and control of foreign carriers by strengthening the protection of Polish carriers against unfair and unequal competition from non-EU countries. The relevant amendment has already been published in the Gazette and is expected to come into force on 1 November 2024. Some of its provisions will also take effect from 1 January 2025. What will they concern?

Highlights

The law of 25 September 2024, introduces a number of changes that from 1 November 2024 will apply to hauliers from countries that are not members of the European Union. From 1 January 2025, the changes will also cover companies registered in the EU. Among the most important are:

• SENT declaration cabotage or international transport, by a foreign entity. It is to apply no longer only to waste or so-called sensitive goods, but to any type of goods
• monitoring of carriage and provision of geolocation and carriage status data on the basis of Article 10a, paragraphs 1 and 2 of the Act of 9 March 2017 on the road monitoring system

Failure to comply with even one of these obligations will result in serious financial and legal consequences. It will therefore be better to entrust the preparation of the application to an experienced consultancy that will take care of everything comprehensively.

Contact for registration on the SENT platform

e.nadolna@ekologistyka24.pl , +48 881 045 376

j.blazewicz@ekologistyka24.pl , +48 500 867 153

In the published amendment, added to Road Transport Act of 6 September 2001 Article 28b, paragraph 2 states that:

Foreign entity performing cabotage of goods as referred to in Article 29
paragraph 1, shall be required to send to the Register of Notifications prior to commencement of carriage on the territory of
Republic of Poland notification of such carriage and obtain a reference number for that notification.

It is important that the application contains all the required information and that the GPS device is operational at all times during the journey. If there is no location device in the vehicle, it will be possible to use the e-Toll application.

Do you have questions? Contact us

However, this may prove problematic for some. All because, at the moment, the SENT system is only available in Polish and English. Citizens of Eastern European countries, who do not speak either of these languages, will have a problem. Fortunately specialists from Ecology24 will be able to help. Both in terms of creating an account and preparing a submission as mentioned in the article.

Summary:

• What underpins the changes to SENT from 1 November 2024 and 1 January 2025? It is about protecting the interests of Polish hauliers, but also about effective monitoring of haulage carried out by foreign transport companies.
• Does the change only apply to the provisions on SENT declarations? The law of 24 September 2024 provides for amendments to the following acts:

SENT in a nutshell - FAQ

What is SENT and who needs to use it?

SENT (System for Electronic Surveillance of Transport) is a platform for monitoring the transport of sensitive goodsto reduce tax fraud. It is compulsory for traders transporting so-called sensitive (the transport of which can generate grey market or threaten security) or waste.

How to make a transport declaration in SENT and who should do it?

The transport declaration, depending on whether it is an import, export or transit, can be made by the shipper, the carrier or the consignee. It is the responsibility of each of these parties to ensure that the declaration contains up-to-date and truthful data. The declaration is made electronically. The system generates a special reference number, which must be given each time a check is carried out. In justified cases

What are the consequences of interruptions in transport monitoring?

An interruption of geolocation data for more than 60 minutes can result in a severe financial penalty. And no amount of explaining about problems will help. It is therefore necessary to ensure that the GPS device is fully operational before the transport begins. If the device is not in working order, the haulier may be fined PLN 10,000. Admittedly, there is an application available for the phone - e-Toll, which, in combination with the capabilities of a smartphone, can serve as a substitute GPS. However, companies often choose telematics because it offers greater reliability than the drivers' smartphones.

What is the penalty for failure to declare SENT?

Failure to declare a transport covered by such a requirement will result in a fine of PLN 20,000. An incomplete notification or one that contains incorrect information is another 'opportunity' for a fine, this time of PLN 10,000.

What goods does SENT cover?

The system covers fuels, oils, lubricants, dried tobacco, solvents and waste, among others. However, shipments in customs procedures or carried by postal operators are exempt from monitoring.

How do I access SENT?

Please apply to us. We will help you set up your account and prepare your application for both import, export and transit.