Missing Polish Form RMPD100 - Penalty of 3000 EUR

The first penalties of around 3000 EUR for missing RMPD100 forms have been issued by Polish authorities for both non-EU and EU carriers entering Poland without the required form or filling it incorrectly.

A short reminder:

When international carriage of goods by road and cabotage transport is carried out by an entity established in a non-EU and EEA country, the foreign carrier performing the transport:

On the basis of a permit to perform international road haulage;
On the basis of a multilateral ECMT permit;
Without permit – liberalized transport on the basis of bilateral agreements with the Republic of Poland or transports that do not require a permit, such as those performed under the Agreement between Ukraine and the European Union of 29 June 2022 on the carriage of freight by road;
On the basis of a cabotage authorization issued by administrative decision by the General Inspectorate of Road Transport

is obliged, prior to the commencement of transport within the territory of the Republic of Poland, to send to the register of notifications a notification of such transport, called RMDP100.

According to the New Regulations:

The obligation to register RMPD100 in the SENT system applies:

As of 1 November 2024 – hauliers who are not established in an EU Member State, the Swiss Confederation, or an EFTA Member State.
As of 1 January 2025 – carriers from other EU Member States, the Swiss Confederation, or EFTA Member States. These are entities that perform road transport on the territory of Poland to or from a non-EU country based on a permit required by the provisions of an international agreement binding Poland and that country.

Important Facts:

Validity: The reference number of RMPD100 form is valid for 10 days from the day it is issued. This means that you can declare the carriage of goods by road you are carrying out 10 days before it starts in the territory of the Republic of Poland. The declaration should be issued before the truck crosses the border of Poland.

Transit or Unladen Transport: Transit or unladen transport also needs to be reported if the origin of the transport falls under Polish law.

Several Consignees: If you are carrying out a transport operation for which only one transport permit is required and the number of consignees in Poland is more than one, you should provide the details of the consignee/consignor of the goods where the last unloading in Poland will take place.

Transit Between Two Loadings: Without cargo following the unloading of the goods in the territory of Poland to take the cargo from another place in the territory of Poland to export it to another country – a separate notification must be made for such transport.

In the case of loaded transport, do not forget to check the rules on posting drivers for EU carriers and non-EU carriers.

Risks:

Failure to register the transport in the monitoring system may mean that the vehicle is stopped by the authorized services and financial penalties may be imposed.

If a lack of declaration is identified during the movement of goods, the transport cannot continue without regularization.
Transports carried out without a SENT declaration will be treated as being performed without a permit for transport of goods by road.

Penalty: The penalty for missing or incorrect SENT declaration is 12,000 zlotys.

Typical Reasons for Penalties:

False Data on the Notification: Every data that should be referred on the notification RMPD100 should be accurate. The company must refer the correct data about the consignees, the unloading address, the entry point, and entry date as well as all other data to avoid the penalty.
GPS Data Not Sent Correctly: It is not enough to refer the GPS device; the company must ensure that when the vehicle is going to cross the border, it is sending GPS data to the Polish SENT system. Not knowing that a device cannot send information does not exempt you from liability.