Toelichting bij COM(2024)531 - - Hoofdinhoud
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| dossier | COM(2024)531 - . |
|---|---|
| bron | COM(2024)531 |
| datum | 13-11-2024 |
CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The freedom to provide services includes the right of service providers established in a Member State to provide services in another Member State, to which they may post their own workers temporarily to provide those services there. When posting its workers, the service provider needs to comply with a set of defined terms and conditions of employment, as established by Directive 96/71/EC1, in the Member State to which the posting takes place. This is to ensure the minimum protection of the posted workers concerned. Member States are required to work in close cooperation and provide each other with mutual assistance to facilitate the monitoring of compliance with these terms and conditions of employment. Avoiding unnecessary administrative burden on the service providers, protecting posted workers and ensuring effective monitoring should go thereby hand in hand and contribute to the proper functioning of the internal market.
As set out in Article 9(1) of Directive 2014/67/EU2, to ensure effective monitoring of compliance with the obligations in that Directive and in Directive 96/71/EC Member States may only impose administrative requirements and control measures that are necessary for that purpose, provided these are justified and proportionate in accordance with EU law. In this context, according to Article 9(1)(a) of Directive 2014/67/EU, Member States may impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities containing the relevant information necessary in order to allow factual controls at the workplace.
In the update to the 2020 new industrial strategy3, the Commission announced that it will work with Member States to devise a common form, in an electronic format, for the declaration of the posting of workers. This work shall not compromise the existing EU legal framework for the posting of workers and the workers’ protection it ensures. Participation shall be voluntary.
In its March 2024 Communication entitled ‘Labour and skills shortages in the EU: an action plan’4, the Commission announced that it will promote the widespread implementation of a common form of electronic format for posted worker declarations, complemented by the development of a digital multilingual portal through which companies can submit posting declarations for Member States that decide to make use of this tool. This will help reduce the administrative burden.
The announcement followed concerns raised in the evaluation of the implementation of Directive 2014/67/EU. In the implementation report of Directive 2014/67/EU5 the Commission concluded that improvements may be necessary in some areas that different stakeholders had brought to its attention. These include simplifying administrative control systems by, for example, introducing a single EU-wide declaration system.
The objective of this proposal is to reduce administrative burden for businesses and national competent authorities by facilitating on the one hand the submission of posting declarations where required, in a user-friendly way, at a distance and by electronic means, and on the other hand the administrative cooperation between Member States as well as the effective monitoring of compliance with the obligation set out in Directives 2014/67/EU and 96/71/EC.
The proposal will make it easier for Member States to carry out effective and adequate inspections on their territory, contributing to the protection of posted workers.
Since January 2023, Member States have been advising the Commission in the expert group on a common electronic form for the declaration of posting of workers, with particular regard to the relevant information necessary in order to allow factual controls at the workplace. With the advice of the Member States’ experts a possible common list of information requirements for the declaration of posting of workers has been identified. An initial group of nine Member States declared in the meantime their commitment to adapting the information they request from service providers posting workers to their territories to the information requirements devised in the common list of information requirements6.
A public interface connected to the Internal Market Information System (‘IMI’)
The proposal sets up a multilingual electronic public interface (i.e. a secure web portal for using a common electronic format and allowing automatic transfer of data) connected to the Internal Market Information System (‘IMI’), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council7 (‘the public interface’) for voluntary use by Member States receiving posted workers (the ‘host Member State’). These host Member States may choose to require service providers established in other Member States to use this interface to make a simple declaration of workers posted (a ‘posting declaration’) to its responsible national competent authorities to allow factual controls at the workplace. IMI is a multilingual electronic tool that allows national, regional and local authorities to communicate quickly and easily with their counterparts in the EU. A repository in IMI will allow national competent authorities to check the details of posting declarations submitted by service providers. The use of IMI will make it possible to reuse existing IT solutions, thus helping to reduce the one-off costs of IT development.
Service providers will use the public interface to submit a posting declaration to the competent national authorities of the host Member State. To this end, the interface will feature a standard form. This standard form will provide the relevant information that may be necessary to allow factual controls at the workplace, in accordance with Article 9(1)(a) of Directive 2014/67/EU. It will contain information related to the service provider, the posted worker, the posting assignment, the contact person for competent authorities and the service recipient. The specific content of the standard form will be set out in an implementing act. The advice given by the Member States’ expert group regarding the relevant information to be contained in such form will be taken into account.
The Commission should be granted implementing powers to establish the standard form and make subsequent changes to it. Should Member States consider that relevant information should be added or not relevant information be removed from the standard form, in or for the use of the public interface, they may submit proposals to the Commission for amendment of the standard form and inclusion of information requirements that they deem necessary, as long as they are justified and proportionate, to carry out effective controls at the workplace.
Member States may decide that certain elements contained in the standard form, that they do not consider relevant in view of their national context and the way they organise the factual controls at the workplace, are not required from service providers posting workers to their territory filling in the form on the public interface. In such case they should inform the Commission. In the case of elements arising from subsequent amendments to the standard form, those Member States would accordingly not need to adapt their national legislation to include such elements.
The setting up of the public interface with a multilingual standard form for the declaration of posting of workers and the making available of this interface to national competent authorities by the European Commission is without prejudice to the responsibility of the European Commission for overseeing the correct implementation and application of Union law by Member States, in accordance with Article 17(1) of the Treaty on European Union, and its powers under Article 258 Treaty on the Functioning of the European Union as well as the Member States' obligation to comply with Union law.
Reducing administrative burden for service providers
Stakeholders have consistently highlighted that the obligation and the requirements for making a posting declaration constitute a significant reporting requirement for businesses in the single market. This is regarded as one of the most significant administrative barriers for the cross-border provision of services in the internal market.
Streamlining the reporting obligations and the procedure for the submission of posting declarations will significantly reduce the administrative burden for businesses, including SMEs, and will facilitate that Member States carry out effective and adequate inspections.
A multilingual public interface using a standard form will allow posting companies to make their posting declarations in one place and with the same set of requested information, in all the participating Member States, i.e. the Member States making use of the public interface, they post workers to. They will be able to make the posting declaration in their own language, thus overcoming the language barrier posting companies (service providers) face regularly when declaring postings in the declaration system of the Member State they post workers to.
The proposal provides a contribution to the Commission’s commitment to reduce reporting requirements resulting from EU legislation. In its Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’8, the Commission stressed the importance of a regulatory system that ensures that objectives are reached at minimum costs. It has committed therefore to a fresh push to rationalise and simplify reporting requirements, with the ultimate aim to reduce the associated administrative burden by 25%, without undermining the related policy objectives. The SME Relief Package9 further elaborated on this action and flagged the creation of an electronic format for the declaration of posting of workers as an example for using digital technologies to reduce burden and improve resilience.
Protection of workers’ rights
The submission of posting declarations via the public interface will also allow for a better and more uniform application of Directive 96/71/EC. Facilitating the declaration and protection of posted workers is another element in EU legislation ensuring fair mobility.
Since service providers will no longer need to comply with different national requirements included in the national interfaces and posting declaration forms in the participating Member States, the public interface using a standard form will contribute to reducing the cases of non-compliance with the posting rules. This will also lead to increased transparency in posting.
In this context, the initiative makes it easier for Member States to carry out effective, adequate and targeted inspections, contributing to the protection of posted workers’ rights and to fair mobility as a whole.
Moreover, the possibility to send a copy of the declaration to the posted worker will make posted workers informed actors in the procedure, thus helping them to exercise their rights. This possibility does not exist today in national declaration systems.
Reducing administrative burden for Member States’ authorities and facilitating administrative cooperation
Directive 2014/67/EU introduced rules on administrative cooperation between national authorities in charge of monitoring compliance with rules on the posting of workers. This administrative cooperation is implemented through IMI. IMI therefore plays a key role in supporting the strengthened administrative cooperation underpinning the Directive.
The Posting of Workers Request module is the main module in IMI for administrative cooperation under Directive 2014/67/EU and Directive 96/71/EC. It supports mutual assistance by allowing an authority in one Member State to request information or assistance from an authority in another Member State.
Today, national competent authorities seeking mutual assistance from other Member States must overcome a significant administrative burden to launch an information request in IMI. At present, information about a specific posting triggering a request for mutual assistance in IMI needs to be manually inputted into IMI by the competent authorities in the Member States, before the request for assistance can be launched. This is because the declarations are received in Member State systems that are not connected to IMI. To facilitate administrative cooperation between Member States’ competent authorities and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI. This is currently the case for the road transport sector, where Directive (EU) 2020/1057 of the European Parliament and of the Council10 tasked the Commission with developing a multilingual public interface, to which operators have access and which they can use to submit and update posting information and submit other relevant documents to IMI, as necessary. Member States should then exchange data and information, engage in administrative cooperation and provide mutual assistance via IMI.
Aligning the administrative procedure for the declaration of posted workers in other sectors, for cases where such a declaration obligation would be justified and proportionate, with the procedure for posting drivers in the road transport sector would reduce administrative burden for public administrations. Today, competent authorities must administer and operate two different systems for their monitoring tasks, using IMI for the declaration of posting of drivers in the road transport sector and national declaration systems for posting in other sectors. Aligning the two systems could streamline the use of databases and internal administrative procedures for national competent authorities and thereby provide for a more efficient mechanism for national competent authorities to monitor and control compliance with applicable posting rules.
Participating Member States benefit from cost- and time-savings. Moreover, making use of the IMI system allows Member States to discontinue their self-standing national declaration systems if they wish to do so, and they thus save the costs of operating and maintaining these systems. A few Member States that do not yet use digital solutions for their declaration obligations can use the IMI system, without the need to invest time and resources into the development of an electronic national declaration system. Member States who maintain their national databases would benefit from the possibility to connect those to the public interface.
The IMI system also allows for the generation of statistics, supporting national policy making and providing a solid basis for the work of the labour inspectorates, including for their risk analysis.
• Consistency with existing policy provisions in the policy area
The freedom to provide services is a fundamental principle of the internal market in the European Union enshrined in the Treaty on the Functioning of the European Union (TFEU).
Directive 96/71/EC implements this principle concerning the posting of workers with the aim to guaranteeing a level playing field for businesses and respect for the rights of workers. Article 3 of Directive 96/71/EC establishes a core set of clearly defined terms and conditions of employment which are required to be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned.
Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and the functioning of the internal market, as well as to guarantee respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular as regards the enforcement of the core terms and conditions of employment that apply in the Member State where the service is to be provided in accordance with Article 3 of Directive 96/71/EC. In this context, Directive 2014/67/EU establishes a common framework of a set of appropriate provisions, measures and control mechanisms necessary for better and more uniform implementation, application and enforcement in practice of Directive 96/71/EC.
In order to ensure the correct application of, and to monitor compliance with, the substantive rules on the terms and conditions of employment to be respected with regard to posted workers, Directive 2014/67/EU provides the possibility for Member States to impose certain administrative requirements and control measures to service providers that post workers in the framework of the provision of services, provided that these are justified and proportionate in accordance with Union law. Within this context, Article 9(1)(a) of Directive 2014/67/EU allows Member States to impose an obligation for a service provider established in another Member State to make a simple declaration to the responsible national competent authorities containing the relevant information necessary in order to allow factual controls at the workplace.
The proposal is consistent with these provisions as it does not amend the legal framework for the posting of workers, as established by Directives 2014/67/EU and 96/71/EC, nor does it compromise the level of workers’ protection it entails. It facilitates the submission of posting declarations where required, in accordance with Article 9(1)(a) of Directive 2014/67/EU and the procedure laid down in its Article 9 i, and facilitates administrative cooperation between Member States and effective monitoring of compliance with the obligations in Directive 2014/67/EU and Directive 96/71/EC.
The proposal complements the rules on the posting of drivers in the road transport sector. The new rules on posting of drivers in road transport, as established by Directive (EU) 2020/1057, were adopted in July 2021 as part of the Mobility Package and apply since 2 February 2022. The Commission is operating a multilingual portal connected to IMI for road transport operators who have to comply with these new rules. The portal allows the road transport operators to submit posting declarations via IMI to the Member State(s) where their drivers will be posted. The proposal would mirror the administrative procedure for the declaration of posted workers in other sectors with the procedure for posting drivers in the road transport sector.
• Consistency with other Union policies
The proposal contributes to two of the priorities of this Commission, notably creating “a deeper and fairer internal market” and boosting 'jobs growth and investment' through the simplification of the regulatory framework and rationalisation of reporting requirements.
The proposal complements the efforts of the Single Market Enforcement Taskforce (‘SMET’) to reduce the administrative burden for posting workers in. The Commission and Member States are working together in SMET to facilitate administrative requirements on the posting of workers including as regards declaration obligations. Best practices identified in SMET will be considered when developing the public interface.
In October 2023, the European Council called on all relevant institutions to take forward work to simplify regulation and reduce the unnecessary administrative burden11. In April 2024, it also invited the Commission to significantly reduce the administrative and compliance burden on companies and national authorities as part of a better and smarter regulatory framework12.
In its resolution of 17 February 2022 on tackling non-tariff and non-tax barriers in the single market13, the European Parliament urged the Commission to introduce a digital form for the declaration of the posting of workers, establishing a simple, user-friendly and interoperable digital form that suits the needs of European companies and in particular SMEs.
The proposal furthermore responds to the objective of the Interoperable Europe Act, which aims to strengthen cross-border interoperability and cooperation in the public sector across the EU. To cater for cross-border interoperability, the technical specifications and requirements of the public interface are subject to an interoperability assessment and consider the reuse of common interoperability solutions.
Finally, the initiative and the implementation of the digital form for the declaration of the posting of workers in the EU is in line with ongoing developments on the European digital identity framework and the European Digital Identity Wallet14. Service providers could for example use the European Digital Identity Wallet, once available, as one means of identifying themselves, and posted workers could receive a copy of a posting of worker declaration in their wallet.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for the proposal, as is the case for the IMI Regulation, is Article 114 TFEU. The proposal aims to support the functioning of the internal market (Article 26 TFEU). Although Member States are not required to provide for the use of the public interface set up by the proposal, the envisaged uptake by Member States will favour an approximation of the procedure and of the requirements for the declaration of posting of workers in the participating Member States. Moreover, where Member States do decide to use the public interface, they will be required to ensure that service providers are able to comply with their obligation to make a declaration of posting by using that common interface. The public interface as the single declaration portal and the standard form establish similar conditions for posting declarations in the Member States that opt to make use of the public interface.
• Subsidiarity (for non-exclusive competence)
The proposal complies with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. The objective of this Regulation, namely the establishment of a multilingual electronic public interface connected to IMI to reduce the administrative burden for service providers posting workers to a participating Member States, whilst also facilitating a better and more uniform application and enforcement of Directive 96/71/EC, cannot be sufficiently achieved by the Member States alone and can therefore, by reason of its scale and effects, be better achieved at Union level.
• Proportionality
The objective of the proposal is to contribute to the proper functioning of the internal market by reducing administrative barriers to the freedom to provide services, facilitating the effective monitoring by Member States of compliance with EU legislation aimed at ensuring the protection of posted workers, and supporting the related administrative cooperation between the national competent authorities in the Member States.
The proposed action is an appropriate way to achieve the objective. Establishing similar procedures for posting declarations in the Member States that opt to make use of the public interface reduces administrative burden, facilitates effective monitoring and supports the related administrative cooperation. While the public interface is for voluntary use by Member States, its objective should be achieved by the envisaged uptake by Member States, thereby demonstrating that delivering the benefits of the single market is a joint responsibility of the Commission and the Member States.
At the same time, with its voluntary nature the proposal does not go beyond what is necessary to achieve the objective and it does not affect the Member States' competences in the area of posting of workers. Member States may require service providers to use this interface to make a simple declaration of posted workers to competent authorities.
As the proposal would mirror the already established administrative and technical procedure for posting drivers in the road transport sector, the financial and administrative costs for the Union are limited and proportionate to the objective of the initiative.
• Choice of the instrument
The proposal includes an amendment to the Annex of the IMI Regulation. The most appropriate instrument is therefore a Regulation. The submission, storing and processing of the declaration in the public interface by the Commission and the exchange of information in the context of effective administrative cooperation and mutual assistance between Member States must comply with the rules on personal data protection laid down in Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council and shall be laid down in Union law.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
In the implementation report of Directive 2014/67/EU the Commission concluded that there are some areas that have been brought to the attention of the Commission by different stakeholders and where improvements could be necessary. These include the simplification of the administrative control systems by, for example, introducing a single EU-wide declaration system.
• Stakeholder consultations
Stakeholder consultations were held in the preparation of a common form, in an electronic format, for the declaration of the posting of workers.
Relevant stakeholder groups contributed to the consultation process: national authorities, enforcement bodies, business associations. In particular, the European social partners have been consulted. A variety of open and targeted consultation methods and tools were used in the context of an external study, aiming inter alia at: identifying the potential scope, format, structure, and implementation options for the e-Declaration and consulting Member States and relevant stakeholders on the concept (i.e. scope, format, and structure) and implementation options:
- a webinar in cooperation with the European Labour Authority (ELA) on 17 February 2022 to inform the Member States’ competent authorities and social partners about the project and to gather their feedback;
- meetings and interviews with interested Member States’ authorities and relevant stakeholders between February and April 2022;
- a user experience workshop on 27 April 2022 with service providers identified by social partners to gather information about administrative experience of posting workers;
- a technical workshop with relevant representatives of the Member States’ authorities on 28 April 2022 to discuss implementation options;
- meetings with social partners on 30 November 2021, 8 December 2021, 8 February 2022, 2 June 2022 and 11 May 2023;
- technical survey for Member States between 9 June and 6 July 2022
- a social partner online hearing on 29 April 2024 dedicated to the e-declaration for posting of workers.
The project of an e-Declaration for posting of workers was also discussed with Member States and social partners at the ELA Forum for Posting of Workers on 13 March 2023 and 11 April 2024.
• Collection and use of expertise
This proposal has been identified following a process of internal scrutiny of existing reporting obligations and based on the experience from implementation of the related legislation. Since this is a step in the process of continuous assessment of reporting requirements arising from EU legislation, the scrutiny of such burdens and of their impact on stakeholders will continue.
The Commission received input from the expert group on a common electronic form for the declaration of posting of workers, which advises the Commission on the joint development and implementation of a common electronic form for the declaration of posting of workers. The work of the group is undertaken in full respect of Directive 96/71/EC and Directive 2014/67/EU.
• Impact assessment - burden reduction
The Commission did not carry out an impact assessment (IA) for this targeted initiative. The Commission however carried out an analysis to measure the existing level of administrative burden for declaring posted workers in the 27 EU Member States, resulting in a detailed cost modelling of the different declaration procedures. The analysis, laid out in the accompanying Staff Working Document, also looked at the potential savings in terms of time and resources from the introduction of a standard form for the declaration of workers to be posted under different implementation options, including a multilingual electronic interface connected to IMI, taking into account different degrees of participation by Member States. At the EU level, the analysis suggests that the impact of a common system for declaring posted workers is influenced by the design of the common system and on the volume of posting declarations that will be covered by the new system.
The average reduction in the time required to complete a posting declaration using the standard form is estimated to approximately 73% compared to the average time currently required across the EU. The burden reduction varies according to the take-up of the standard form by Member States.
The average burden reduction (total cost) for service providers posting workers to their territory is estimated to 58% compared to the current situation, with the participation of the initial group of nine Member States that indicated their readiness so far. In case all 27 Member States would decide to join this initiative, the burden reduction at EU level would further increase to 81% compared to the current baseline scenario.
The proposal concerns limited and targeted changes of existing administrative practice, for Member States who voluntarily opt for it, and of existing legislation, namely Regulation (EU) No 1024/2012 of the European Parliament and of the Council establishing the Internal Market Information System (‘IMI’). The objective of the proposal is to provide for a multilingual electronic public interface connected to IMI for the declaration of posted workers, as has already been done in the road transport sector, for other economic sectors, in order to facilitate the implementation of Directive 96/71/EC and Directive 2014/67/EU, which remain unchanged.
The changes proposed do not impact EU policy, but only provide grounds for developing a voluntary technical solution (public interface) for the submission of declarations of posted workers, using a standard form, and facilitating data exchange between national administrations. The exchanges and evidence collected by the expert group on a common electronic form for the declaration of posting of workers fed into the drafting of this proposal. The proposal will facilitate reducing administrative burden for competent national authorities and businesses by increasing accessibility and exchange of data on posted workers.
In conclusion, there was no need for an IA as the amendment is limited in scope, targeted and provides technical amendments to the existing legislation.
• Regulatory fitness and simplification
This is a REFIT proposal, aiming to cut burdens for Member States’ public administrations and businesses.
The reporting requirements for the posting of workers concern a large number of companies. 2022 data from the prior declaration tools, the most recent data available, suggest that there were around 1.9 million posted workers, 2.3 million posting declarations and 4.7 million postings in the EU. Looking at the evolution of the number of postings and posted workers excluding the road freight transport, for which declarations have to be made now through a central EU portal for road transport operators, available data suggest a growth of 14 % regarding the number of postings declared between 2021 and 202215.
All 27 Member States established a prior declaration tool for service providers posting workers to another Member State. However, Member States systems differ in design and requirements and are not interconnected. Compliance with the required administrative declaration procedures therefore entails considerable administrative burdens for the posting companies. The resulting increase in transaction costs may, under certain conditions, significantly impede or restrict the cross-border provision of services – especially for small and medium-sized enterprises (SMEs).
A business survey on the state of the single market carried out in 2024 found that 46.1% of over 1000 surveyed companies believed that problems/uncertainties in posting workers temporarily to another country were significant16. The estimated effort required to register a posting ranges from 21 minutes in Estonia and Slovakia to 87 minutes in Greece. For Italy, the time required is 61 minutes. In a recent study on the influence of administrative burdens on the cross-border posting of employees by SMEs in border regions, all respondents identified the lack of rationalisation of national posting procedures in the EU as one of the biggest burdens17.
Reporting requirements play a key role in ensuring correct enforcement and proper monitoring of legislation. Reporting requirements can however also impose disproportionate burdens on stakeholders, particularly affecting SMEs and micro-companies. Their cumulation over time can result in redundant or duplicating obligations, or inadequate methods of collection.
Streamlining reporting obligations and reducing administrative burdens is therefore a priority. The proposal will rationalise reporting obligations by a combination of measures:
- Consolidation of reporting currently performed in different systems and with varying requirements;
- Digitalisation of transmission of information.
• Fundamental rights
The proposed Regulation concerns the processing of personal data. Processing of personal data requires ensuring full compliance with fundamental rights as enshrined in the Charter of Fundamental Rights, and notably the rights to the protection of personal data in Article 8 of the Charter of Fundamental Rights of the European Union. This proposal takes full account of these legal requirements.
4. BUDGETARY IMPLICATIONS
The proposal has limited budgetary implications for the Commission. Considering an initial period of five years of full implementation and maintenance of the public interface the budget implications mainly stem from the following work:
- Solution development, EUR 1.3 million;
- Solution maintenance, EUR 0.7 million,
- Support, EUR 0.7 million,
- Training, EUR 0.2 million,
- Infrastructure, EUR 0.1 million;
Amounting to approximately EUR 3 million for 5 years. Running costs after full implementation are estimated at EUR 0.5 million per year.
In terms of staffing needs, the full implementation of the public interface will require 1.5 full-time equivalents, the constant maintenance 0.5 full-time equivalents.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
• Explanatory documents (for directives)
• Detailed explanation of the specific provisions of the proposal
Article 1 – Public interface connected to the Internal Market Information System
The Article provides for the set up a multilingual public interface connected to IMI for the declaration of posting of workers (‘the public interface’).
The main purpose of the public interface is to reduce administrative burden for Member States authorities and businesses by approximating national laws and procedures, and to reinforce the cooperation between Member States in monitoring compliance with certain administrative requirements applicable for posting of workers through IMI.
The public interface allows service providers to comply with justified and proportionate obligations to declare posting of workers, in accordance with Article 9(1) and (2) of Directive 2014/67/EU, where Member States chose to make use of this public interface.
Article 2 – Functionalities of the public interface
The Article lists the main functionalities of the public interface.
Article 3 – Making use of the public interface
The Article sets out the procedure for Member States to make use of the public interface.
Article 4 – Standard form
The Article sets out the main elements of the relevant information contained in the standard form that service providers will use to submit a posting declaration through the public interface to the competent national authorities of the host Member State. It grants implementing powers to the Commission to establish the standard form and provides a procedure for possible amendments of the standard form.
Article 5 – Processing and retention of personal data
The Article defines the purpose of the processing of personal data as well as the data categories and data subjects. It furthermore clarifies the responsibilities for the processing of personal data submitted through the public interface.
Article 6 – Processing of submitted information by means of IMI
The Article sets out how to facilitate administrative cooperation between Member States’ competent authorities and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI for the competent national authorities of the host Member States.
Article 7 – Amendment to Regulation (EU) No 1024/2012
The Article lists the Union acts that includes the use of IMI for administrative cooperation between competent authorities of the Member States as listed in the Annex of the IMI Regulation, in accordance with Article 3(1) IMI Regulation.
Article 8 – Committee procedure
The Article defines the Committee procedure to be followed for the establishment of the standard form.
Article 9 – Evaluation
The Article instructs the Commission to evaluate the Regulation five years after its entry into force and to report on the experience gained in its application as well as on the achievement of its objectives.