Artikelen bij COM(2024)531 -

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dossier COM(2024)531 - .
document COM(2024)531
datum 13 november 2024


Article 1
Public interface connected to the Internal Market Information System

1. In order to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, while facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers’ rights, and supporting the related administrative cooperation between the national competent authorities in the Member States, the Commission shall set up a multilingual public interface connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012, for the declaration of posting of workers (‘the public interface’).

2. Member States may opt to make use of this public interface.

3. The legislation of a Member State may provide for service providers to declare posting of workers, in accordance with Article 9(1) of Directive 2014/67/EU, by submitting a declaration based on a multilingual standard form through the public interface. Where a Member State provides for the use of the public interface, that declaration shall replace any pre-existing one required under national law.

Article 2
Functionalities of the public interface

1. The public interface shall provide functionality for:

(a) creating an account for secure access to the service provider’s reserved area;

(b) ensuring appropriate logging of user activity;

(c) creating, submitting and managing declarations of posted workers;

(d) transmitting a copy of the posting declaration to the posted worker;

(e) making submitted information available in IMI to the responsible national competent authorities of the host Member State for administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012.

(f) allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 3 of Directive 2014/67/EU, to additionally receive posting declarations directly in the national back-end system upon the request of that Member State.

2. The Commission shall be responsible for the development, maintenance and operation of the public interface.

3. The Commission shall ensure accessibility for persons with disabilities of the public interface and its content..

Article 3
Making use of the public interface by the Member States

1. A Member State that opts to make use of the public interface shall inform the Commission six months before the date from which it intends to use the public interface.

2. A Member State opting to make use of the public interface shall adopt the laws, regulations and administrative provisions necessary to allow for the use of the public interface by service providers posting workers to that Member State and to comply with the requirements of the public interface and of the standard form of the declaration of posting of workers in due time before such use.

3. Member States making use of the public interface shall not impose any additional declaration or information requirements on the service providers submitting the posting declaration through the public interface.

4. The list of Member States making use of the public interface as referred to in paragraph 3 shall be made publicly available by the Commission on the public interface.

5. A Member State may discontinue making use of the public interface. That Member State shall inform the Commission thereof six months before the intended end date of the use of the public interface.

Article 4
Standard form

1. Without prejudice to paragraph 5 the standard form shall consist of information related to:

(a) the service provider;

(b) the posted worker;

(c) the posting assignment;

(d) the contact person to liaise with the competent authorities;

(e) the service recipient.

2. The Commission shall establish the standard form referred to in paragraph 1 of this Article by way of implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 8(2).

3. A Member State opting to make use of the public interface may decide not to request all the information contained in the standard form and shall inform the Commission accordingly.

4. Member States may submit to the Commission suggestions for amendment(s) of the standard form. The Commission shall examine such suggestions with the view to amending, where appropriate, the standard form.

5. The Commission may, based on a suggestion by a Member State or on its own initiative, propose an amendment of the standard form, in accordance with the procedure referred to in paragraph 2 of this Article.

Article 5
Processing and retention of personal data

1. For the purpose of achieving the objectives set out in Article 1, personal data referred to in paragraphs 2 and 3 may be processed by the public interface.

2. The Commission is to be considered as controller in accordance with Article 3(8) of Regulation (EU) 2018/1725 in relation to:

(a) Ensuring the security and availability of the public interface;

(b) Processing the identification and contact details of the person submitting the declaration of posting of workers,

3. The service provider is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 for processing:

(a) the identity and contact details of the service provider;

(b) the identity of a posted worker;

(c) an electronic notification address, such as a mail address, of a posted worker to inform the posted worker that a declaration has been submitted for that worker;

(d) the address of the workplace of the posted worker;

(e) the identity and contact details of the contact person of the service provider.

4. Where a Member State receives posting declarations additionally through the public interface in its national back-end system, the competent national authority is to be considered as controller in accordance with Article 4(7) of Regulation (EU) 2016/679 in respect of the processing of personal data contained in these posting declarations.

5. The public interface shall ensure the automatic deletion of the information related to a posting which has been submitted through that public interface 36 months after the end date of the posting period.

6. The public interface shall allow for the deletion of all personal data stored in there and in the service providers’ accounts when those data are no longer needed for the purposes for which they were collected and processed.

7. The public interface shall allow for the sending of a reminder to the service provider to review and delete, when necessary, any personal data in accordance with paragraph 6.

8. A Member State may allow the competent national authority to provide national social partners by other means than IMI with relevant information available in IMI to the extent necessary and exclusively for the purpose of checking compliance with posting rules and in accordance with national law and practices, provided that the information relates to a posting to the territory of the Member State concerned.

Article 6
Processing of submitted information by means of IMI

Information submitted via the public interface shall be made available in IMI to the responsible competent authorities of the host Member State to achieve the objectives set out in Article 1.

Article 7
Amendment to Regulation (EU) No 1024/2012

In the Annex to Regulation (EU) No 1024/2012, the following new point (17) is added:

‘17. Regulation (EU) …/… of the European Parliament and of the Council of … on a public interface connected to the Internal Market Information System for the declaration of posting of workers and amending Regulation (EU) No 1024/2012.

Article 8
Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 9
Evaluation

The Commission shall report on the experience gained in the application of this Regulation by [five years after entry into force of the Regulation]. In particular the report shall examine to what extent this Regulation has been successful in reducing administrative barriers to the freedom to provide services, in facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers and in supporting the related administrative cooperation between the national competent authorities in the Member States.

Article 10
Entry into force

This Regulation shall enter into force three months following the date of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.