09/12/2025 | Press release | Archived content
10.9.2025 - (COM(2024)0531 - C10-0188/2024 - 2024/0301(COD)) - ***I
Committee on Employment and Social Affairs
Committee on the Internal Market and Consumer Protection
Rapporteur: Johan Danielsson, Andreas Schwab
on the proposal for a regulation of the European Parliament and of the Council on the Public interface connected to the Internal Market Information System for the declaration of posting of workers and amending Regulation (EU) No 1024/2012
(COM(2024)0531 - C10-0188/2024 - 2024/0301(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
- having regard to the Commission proposal to Parliament and the Council (COM(2024)0531),
- having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C10-0188/2024),
- having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
(- having regard to the opinion of the European Economic and Social Committee of 29 April 2025[1])
- having regard to Rule 60 of its Rules of Procedure,
- having regard to the report of the Committee on Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection (A10-0162/2025),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 2
Text proposed by the Commission |
Amendment |
(2) 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 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. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, 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 in order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. |
(2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and promote fair competition between service providers thus supportingthe 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 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. According to Article 9(1) of Directive 2014/67/EU, Member States may only impose administrative requirements and control measures in so far as necessary in order to ensure effective monitoring of compliance with the obligations set out in that Directive and in Directive 96/71/EC and provided that these are justified and proportionate in accordance with Union law. Where this is the case, 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 necessaryin order to allow factual controls at the workplace. It remains the responsibility of Member States to decide, within the limits of justification and proportionality, in which cases to demand a posting declaration and what information this declaration must contain. Article 9(1), point (b), allows Member States to impose an obligation on service providers to, inter alia, keep, make available and retain copies, in paper or electronic form, of employment related documents during the period of posting in an accessible and clearly identified place in its territory. Article 9(1), point (c), allows Member States to impose an obligation on service providers to deliver those documents after the end of the posting period at the request of the authorities of the host Member State, within a reasonable period of time. |
Amendment 2
Proposal for a regulation
Recital 3
Text proposed by the Commission |
Amendment |
(3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality. Complying with these diverging systems creates a considerable administrative burden for the service providers posting workers. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation and is among the most important administrative barriers for the cross-border provision of services in the internal market. |
(3) All Member States have used the possibility to impose a declaration obligation for service providers posting workers to their Member State, with national systems differing significantly in design, requirements and functionality, as well as differences in national enforcement systems and practices. Complying with these diverging national declaration interfacessystems creates a considerable administrative burden for the service providers posting workers, in particular SMEs, and hinders the free movement of services and workers within the internal market. Stakeholders have consistently highlighted that the declaration for the posting of workers constitutes a significant reporting obligation, which results in SMEs requesting the assistance of additional staff or external service providers, leading to extra costs and operational delaysand is among the most important administrative barriers for the cross-border provision of services in the internal market. In some cases, complex procedures may even discourage companies from posting their workers. At the same time, stakeholders have highlighted violations and enforcement challenges when it comes to the protection of posted workers. |
Amendment 3
Proposal for a regulation
Recital 3 a (new)
Text proposed by the Commission |
Amendment |
(3 a) Unfair competition through abusive practices and the infringement of the principle of equal treatment of posted workers distorts the internal market as it creates an unlevel playing field, putting the many bona fide employers that respect the law at a disadvantage. |
Amendment 4
Proposal for a regulation
Recital 4
Text proposed by the Commission |
Amendment |
(4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline thoserequirements, in order to ensure that they fulfil the purpose for which they were intended and to limit theadministrative burden. The reporting obligationsand requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, in line with the Commission's Communication on 'Long-term competitiveness of the EU: looking beyond 2030'5, in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities. |
(4) Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation, while also allowing for better data collection and cross-border exchange of information, thereby also enabling more targeted inspections and evidence-based policy-making. However, it is important to streamline national reporting systems andrequirements, in order to reduce any unnecessaryadministrative burden for service providers including any duplication of requirements. This is of particular importance for undertakings situated in border regions. The reporting systemand requirements in the submission of posting declarations to the competent authorities of the host Member State, established in accordance with Article 9(1) of Directive 2014/67/EU should therefore be simplified, without prejudice to the adequate protection of posted workers provided for in Directive 96/71/EC and its enforcement under Directive 2014/67/EU,in line with the Commission's Communication on 'Long-term competitiveness of the EU: looking beyond 2030'1a, in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to the host Member States as well as for national competent authorities, while ensuring that Member States are equipped with the information necessary for effective monitoring and enforcement of administrative requirements and control measures referred to in Article 9(1), point (a), of Directive 2014/67/EU. |
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5COM(2023) 168 final. |
5COM(2023) 168 final. |
Amendment 5
Proposal for a regulation
Recital 5
Text proposed by the Commission |
Amendment |
(5) Reducing theadministrative burdenfor service providers and national competent authorities must concur with the respect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers' rights. |
(5) Streamlining and simplifyingadministrative requirementsfor service providers and national competent authorities must concur with the fullrespect for adequate working conditions and social protection for posted workers. Facilitating the effective monitoring of compliance by Member States and reinforcing mutual administrative cooperation improves the protection of workers' rights and the fight against abusive practices and undeclared work which undermine workers' fundamental rights as well as distort competition to the detriment of compliant service providers. |
Amendment 6
Proposal for a regulation
Recital 7
Text proposed by the Commission |
Amendment |
(7) A simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface should reduceadministrative barriersto the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers. |
(7) Given that the posting of workers has become an important form of intra-Union labour mobility,a simplification of the process of sending and updating posting declarations resulting from the creation of such a public interface is necessary to streamline and simplifyadministrative requirements that have an impact onto the freedom to provide services, including to the right of undertakings to provide services in another Member State with their own workers, thereby facilitating intra-Union labour mobility and at the same time allowing for stronger protection of posted workers during their posting. |
Amendment 7
Proposal for a regulation
Recital 8
Text proposed by the Commission |
Amendment |
(8) The simplification of the process of sending andupdating posting declarations should facilitate a better and more uniform application of Directive 96/71/EC as well as its enforcement in practice, reducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers' rights. |
(8) The simplification of the process of sending,updating and trackingposting declarations should facilitate a better and more uniform and effectiveapplication of Directive 96/71/EC as well as its enforcement in practice, by improving the collection, cross-referencing and comparability of data via a standard form established by this Regulation andreducing the cases on non-compliance with the posting rules due to the different procedures for submitting the posting declarations. It will facilitate carrying out of effective and adequate inspections by the Member States, contributing to the protection of posted workers' rights and will contribute to the fight against the circumvention and abuse of posting rules, undeclared work and labour exploitation in the context of the posting of workers. |
Amendment 8
Proposal for a regulation
Recital 9
Text proposed by the Commission |
Amendment |
(9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden of national competent authorities seeking mutual assistance from other Member States. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to the proper functioning of the internal market. |
(9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden and obstacles to cross-border enforcementof national competent authorities seeking mutual assistance from other Member States and improve data collection in order to enable evidence-based policy making. To ensure that the responsible national competent authorities can provide each other with mutual assistance without undue delay and to simplify requests for mutual assistance, information submitted in posting declarations should be made available directly in IMI, thus facilitating the application in practice of Directive 2014/67/EU and Directive 96/71/EC and supporting the related administrative cooperation between the national competent authorities in the Member States contributing to more effective enforcement andthe proper functioning of the internal market. |
Amendment 9
Proposal for a regulation
Recital 10
Text proposed by the Commission |
Amendment |
(10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface to make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
(10) The Commission should set up a public interface for voluntary use by Member States. Member States may choose to require service providers to use the electronic public interface and the standard form established by this Regulationto make a posting declaration to its responsible national competent authorities, in order to comply with justified and proportionate obligations imposed by these Member States to declare posting of workers and to allow for factual controls in the workplace. This public interface should support Member States in their task to ensure that the procedures and formalities relating to the posting of workers can be completed in a user-friendly way by undertakings, at a distance and by electronic means, facilitating the submission of posting declarations where required. |
Amendment 10
Proposal for a regulation
Recital 10 a (new)
Text proposed by the Commission |
Amendment |
(10 a) The public interface should allow, where possible, for the validation of the data in the posting declarations from a technical point of view to ensure the technical accuracy of the information provided and the format of the data. Such validation could be carried out by allowing for cross-referencing of information against relevant Union or national registries, such as address or business registries. User action in the public interface should be logged in order to ensure transparency and tracking of modifications made to posting declarations. |
Amendment 11
Proposal for a regulation
Recital 10 b (new)
Text proposed by the Commission |
Amendment |
(10 b) Currently, the posting of workers and social security coordination follow different notification procedures. Companies are required to use different portals to submit posted workers´ notifications and apply for a portable document A1. The Commission should explore possibilities of extending data reusability and the use of the public interface to A1 certificate applications and to technically merge them into one interface in the future. |
Amendment 12
Proposal for a regulation
Recital 10 c (new)
Text proposed by the Commission |
Amendment |
(10 c) The public interface offers potential to desseminate information provided by Member States in accordance with Article 5(2), point (a), of Directive 2014/67/EU. Since the applicable labour and social security law and the exemptions from the obligations to declare a posting vary among Member States, the public interface should ensure that service providers have access to the website which provides information on to the national applicable labour, social security and fiscal law to be applied for posting workers, including the relevant exemptions to declare a posting, in all the Member States. Access to that information is of particular importance to SMEs. |
Amendment 13
Proposal for a regulation
Recital 11
Text proposed by the Commission |
Amendment |
(11) Interoperable and reusable solutions, such as those provided for in Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework6, should be used as they can facilitate how service providers identify themselves. Once available, workers should be able to receive notifications about posting declarations concerning them via the European Digital Identity Wallet7. |
(11) Interoperable and reusable solutions, such as those provided for in Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework6, should be used as they can facilitate how service providers identify themselves. Once available, workers should be able to receive notifications about posting declarations concerning them via the European Digital Identity Wallet7. The Commission should ensure the compatibility of the public interface with different devices to enhance its accessibility and effectiveness. |
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6Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj). |
6Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj). |
7Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj). |
7Regulation (EU) No 910/2014 as regards establishing the European Digital Identity Framework (OJ L, 2024/1183, 30.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1183/oj). |
Amendment 14
Proposal for a regulation
Recital 12
Text proposed by the Commission |
Amendment |
(12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. |
(12) The public interface connected to IMI is a technical means made available by the European Commission for voluntary use by Member States. The Commission should be assisted by the expert group on a common electronic form for the declaration of posting of workers and should monitor the well-functioning of the public interface on a regular basis or on the basis of alerts from either the service providers or the competent national authorities. Before requiring service providers to declare the relevant information by way of that interface, Member States should ensure that such a requirement is provided for in national law, in line with Union law. In order to ensure a frictionless use of the public interface Member States should communicate to the Commission their interest in making use of the multilingual electronic public interface, at any time from the date of entry into force of this Regulation. |
Amendment 15
Proposal for a regulation
Recital 14
Text proposed by the Commission |
Amendment |
(14) Service providers should be able to submit a posting declaration to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a multilingual standard form of thatpublic interface. |
(14) Service providers should be able to submit a posting declaration and make available, where applicable, relevant documentsto the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a user-friendlymultilingual public interface, including the standard form. It should also include clear guidance and support features to help service providers complete the declaration efficiently and correctly. |
Amendment 16
Proposal for a regulation
Recital 14 a (new)
Text proposed by the Commission |
Amendment |
(14 a) The translation facility in IMI should allow the national competent authorities to translate the documents from and into any of the official languages of the Union institutions. This should remove the need for an obligation on the service provider to provide a translation of those documents. |
Amendment 17
Proposal for a regulation
Recital 14 b (new)
Text proposed by the Commission |
Amendment |
(14 b) In accordance with national law, several Member States use national reporting interfaces for declarations that do not fall within the scope of Directive 2014/67/EU, such as declarations from service providers established in third countries that post workers to a Member State or declarations relating to self-employed persons in certain sectors of the labour market. In order to encourage these Member States to make use of the public interface established by this Regulation and avoid the need to maintain costly parallel interfaces for national declaration requirements, Member States should be able to use the public interface for the declarations of service providers established in third countries and self-employed persons, where applicable. |
Amendment 18
Proposal for a regulation
Recital 15
Text proposed by the Commission |
Amendment |
(15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice and in order to allow for the provision of theinformation that may be necessary to allow factual controls at the workplace, thestandard form used by the electronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact personfor competent authorities and the service recipient. The standard form should be available in all EU languages. 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 electronic public interface. |
(15) The Commission received input from the expert group on a common electronic form for the declaration of posting of workers on the national declaration requirements and systems as well as on the relevant information necessary to allow factual controls at the workplace. The Commission has received advice from the expert group concerning the information requirements that it would consider to be appropriate to include in a common form for the declaration of posting of workers. Taking into account this advice, the applicable Union law and the national measures transposing Directive 2014/67/EU,and in order to allow for the provision of information that may be necessary to allow factual controls at the workplace, astandard form used by the multilingualelectronic public interface should consist of information related to the service provider, the posted worker, the posting assignment, the contact personsfor competent authorities and social partners,and the service recipient. The public interface, including thestandard form,should be user-friendly free of charge andavailable in all EU languages. The standard form should be set out in the Annex to this Regulation and should consist of a maximum set of information points. 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 electronic public interface. The choice to request fewer elements contained in the standard form should be possible to apply generally for service providers posting to a Member State or limited to posting declarations in specific economic sectors. |
Amendment 19
Proposal for a regulation
Recital 16
Text proposed by the Commission |
Amendment |
(16) In respect of the establishment of, and subsequent changes to, the standard form, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council9 .Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. |
(16) Member States considering that certain information should be added to or removed from the standard form, or that the standard form should otherwise be modified, should be allowed to request the Commission to amend the standard form accordingly. Any request by a Member State to amend the standard form should be examined by the Commission to ensure it is justified and proportionate in accordance with Article 9(1), point (a), of Directive 2014/67/EU. If the Commission decides not to act on the request of a Member State, it should explain, in a reasonable time, the reasons for its decision. |
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9Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
9Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj). |
Amendment 20
Proposal for a regulation
Recital 16 a (new)
Text proposed by the Commission |
Amendment |
(16 a) In order to amend the standard form established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to add, amend or delete the information required. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with social partners, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time and systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
Amendment 21
Proposal for a regulation
Recital 17
Text proposed by the Commission |
Amendment |
(17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will reduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements imposed at national level in these Member States. The setting up of the public interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market. |
(17) The use of the public interface, with its standard form, consisting of a common and exhaustive set of relevant information that may be necessary for factual controls at the workplace, will streamline andreduce the divergencies in the applicable rules and regulations of the Member States. It should be sufficient for service providers to comply with the declaration obligations in Member States making use of the public interface. There should be no additional information requirements referred to in Article 9(1) of Directive 2014/67/EUimposed at national level in these Member States. The setting up of the multilingualpublic interface connected to IMI with its standard form and the making available of this interface to national competent authorities is instrumental and ancillary to the approximation of the legislation of the Member States, ensuring the functioning of the internal market and will contribute to better cross-border enforcement and administrative cooperation. |
Amendment 22
Proposal for a regulation
Recital 18
Text proposed by the Commission |
Amendment |
(18) The establishment of apublic interface provides a streamlined framework for posting declarations that offers significant incentives for Member States to participate. It aligns with Member States' own interest in enhancing administrative cooperation, simplifying administrative procedures, and protectingworkers' rights. When the public interface will be established and will show its usefulness and benefits, all Member States should consider making use of the public interface. The more Member States were to make use of the public interface, the higher would be the reduction of administrative burden for service providers and national competent authorities, and the larger the scope foreffective administrative cooperation for protecting workers' rights. |
(18) A singlepublic interface for declaring postedworkers in the Union will only achieve its full potential in deepening the internal market, strengthening the competitiveness of Union undertakings and ensuringeffective administrative cooperation for protecting workers' rights and eradicating fraud and undeclared postings if as many Member States as possible participate in it. A single system for declaring posted workers, which is applicable in all Member States, is a long-term objective to be envisaged in order to enhance efficiency and the protection of posted workers and to ensure the efficient functioning of the internal market. Low entry barriers for Member States´ into the proposed system, a well-functioning interface and good integration into Member States national back-end systems, will be key to increase take-up of the multilingual public interface by Member States. |
Amendment 23
Proposal for a regulation
Recital 18 a (new)
Text proposed by the Commission |
Amendment |
(18 a) Many Member States have integrated their positing declarations into well-functioning back-end systems, allowing national labour inspectorates and other enforcement authorities to build digital tools for targeted inspections and analysis. The multilingual public interface should therefore enable Member States to also receive posting declarations directly in those national back-end systems. |
Amendment 24
Proposal for a regulation
Recital 19
Text proposed by the Commission |
Amendment |
(19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910and (EU) 2018/172511of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. |
(19) In order to allow factual controls at the workplace the relevant information to be provided in the declaration of posting of workers may include amongst the information requirements established in the context of Article 9(1)(a) of Directive 2014/67/EU certain personal data, as regards posted workers as well as service providers, their contractors and service recipients as well as their relevant contact persons and legal representatives. Processing of personal data should be carried out in accordance with Union law on the protection of personal data laid down in Regulations (EU) 2016/67910and (EU) 2018/172511of the European Parliament and of the Council. In order to clarify the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is to be regarded as the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data of the competent authorities in IMI. |
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10Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). |
10Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj). |
11Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). |
11Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). |
Amendment 25
Proposal for a regulation
Recital 20
Text proposed by the Commission |
Amendment |
(20) The information from the posting declarations should be kept in the public interface for the purpose of reusing it in subsequent posting declarations for a maximum periodof 36 months after the end date of theposting period. |
(20) The information from the posting declarations and uploaded documentsshould be kept in the public interface for a maximum period of 10 years after the end date of the posting period. It should be possible to keep that information for a longer period in national back-end systems, in accordance with Regulation (EU) 2016/679 as well as national law and practice. Information related to the service provider's reserved area,for the purpose of reusing it in subsequent posting declarations, should be kept in the public interfacefor a maximum of 36 months after the latest submittedposting declaration. |
Amendment 26
Proposal for a regulation
Recital 22
Text proposed by the Commission |
Amendment |
(22) Wheresocial partners play a role in the monitoring of compliance with posting rules, competent authorities should be allowed to providenational social partners with therelevant information which has been shared via IMI, for the sole purpose of checking compliance with posting rules while respecting Regulation (EU) 2016/679. The relevant information should be provided to social partnersby other means than IMI. |
(22) In many Member States,social partners and other entities and organisations, including local, regional and national authorities in the context of public procurementplay a role in the monitoring of compliance with posting rules. In accordance with national law and practice, for the purpose of checking compliance with posting rules, including applicable collective agreements, nationalcompetent authorities should thereforebe allowed to make available tonational social partners and bodies acting on their behalf, as well as to other actors with an enforcement function, including local, regional and national authorities,relevant information which has been shared via IMI. The relevant information should be provided to these actorsby other means than IMI. |
Amendment 27
Proposal for a regulation
Recital 22 a (new)
Text proposed by the Commission |
Amendment |
(22 a) The data submitted through the public interface carries an important potential to improve the accuracy of posting statistics and cross-border risks analysis of related to posting patterns in the internal market. For the purpose of, and to the extent necessary for, exercising its tasks to coordinate and support concerted and joint inspections and to carry out analyses and risk assessments, information in submitted posting declarations in the public interface should thus be made available to the European Labour Authority (ELA). |
Amendment 28
Proposal for a regulation
Recital 23
Text proposed by the Commission |
Amendment |
(23) The European Labour Authority ('ELA')should support Member States' national competent authorities and service providers in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912. |
(23) The ELAshould support Member States' national competent authorities and service providers, in particular SMEs,in the implementation and use of the public interface in accordance with its mandate under Regulation (EU) 2019/114912. |
__________________ |
__________________ |
12Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
12Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (Text with relevance for the EEA and for Switzerland) (OJ L 186, 11.7.2019, p. 21, ELI: http://data.europa.eu/eli/reg/2019/1149/oj) |
Amendment 29
Proposal for a regulation
Article 1 - paragraph 1
Text proposed by the Commission |
Amendment |
1. In order to contribute to the proper functioning of the internal market by reducingadministrative barriers tothe freedom to provide services, while facilitatingthe effective monitoring by Member Statesof compliance with EU legislationaimed at ensuring the protection of posted workers' rights, and supportingthe 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'). |
1. In order to contribute to the proper functioning of the internal market by streamlining and simplifyingadministrative requirements that have an impacting onthe freedom to provide services, to improvethe effective enforcement andmonitoring of compliance with Union lawaimed at ensuring the protection of posted workers' rights, to strengthenthe related administrative cooperation between the national competent authorities in the Member States, and to enhance data collection on the posting of workers, 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 and, where applicable, for the making available of relevant documents('the public interface'). |
Amendment 30
Proposal for a regulation
Article 1 - paragraph 3
Text proposed by the Commission |
Amendment |
3. The legislationof 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. |
3. The lawof 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 at the latest at the commencement of the service provisiona declaration based on a multilingual standard form through the public interface. A Member State may provide for service providers to make available copies of relevant documents within a reasonable period of time through the public interface.Where a Member State provides for the use of the multilingualpublic interface, that declaration shall replace any pre-existing one required under national law. |
Amendment 31
Proposal for a regulation
Article 2 - paragraph 1 - introductory part
Text proposed by the Commission |
Amendment |
1. The public interface shall provide functionality for: |
1. The public interface shall be free of charge and available in all the official languages of the Union institutions. Itshall provide functionality for: |
Amendment 32
Proposal for a regulation
Article 2 - paragraph 1 - point a
Text proposed by the Commission |
Amendment |
(a) creating an account for secure access to the service provider's reserved area; |
(a) creating an account for secure access to the service provider's reserved area, allowing the service providers to also save relevant data for future posting declarations; |
Amendment 33
Proposal for a regulation
Article 2 - paragraph 1 - point b
Text proposed by the Commission |
Amendment |
(b) ensuring appropriate logging of user activity; |
(b) ensuring appropriate logging of user activity, including the transparency of changes made to posting declarations; |
Amendment 34
Proposal for a regulation
Article 2 - paragraph 1 - point c
Text proposed by the Commission |
Amendment |
(c) creating, submitting and managing declarations of posted workers; |
(c) creating, submitting and managing declarations of posted workers, including, where possible, validating data technically through relevant Union and national public registers; |
Amendment 35
Proposal for a regulation
Article 2 - paragraph 1 - point d
Text proposed by the Commission |
Amendment |
(d) transmitting a copyof the posting declaration to the posted worker; |
(d) transmitting electronically a retainable extractof the posting declaration to the posted worker together with a link to the single official national website referred to in Article 5(2), point (a), of Directive 2014/67/EU; |
Amendment 36
Proposal for a regulation
Article 2 - paragraph 1 - point d a (new)
Text proposed by the Commission |
Amendment |
(d a) transmitting electronically a copy of the posting declaration to the service recipient; |
Amendment 37
Proposal for a regulation
Article 2 - paragraph 1 - point d b (new)
Text proposed by the Commission |
Amendment |
(d b) submitting relevant supporting documents in connection with a posting declaration and making submitted documents available in IMI to the responsible national competent authorities of the host Member State; |
Amendment 38
Proposal for a regulation
Article 2 - paragraph 1 - point e
Text proposed by the Commission |
Amendment |
(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. |
(e) making submitted information available in IMI to the responsible national competent authorities of the host Member State, the Member State of establishment and, following a reasoned request, to the responsible national competent authorities of another Member State,for administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012. |
Amendment 39
Proposal for a regulation
Article 2 - paragraph 1 - point f a (new)
Text proposed by the Commission |
Amendment |
(f a) ensuring, in line with Article 5(2), point (a), of Directive 2014/67/EU, that service providers have access to the website which provides information on to the national applicable labour, social and fiscal law to be applied for posting workers, including the relevant exemptions to declare a posting, in all the Member States; |
Amendment 40
Proposal for a regulation
Article 2 - paragraph 1 - point f b (new)
Text proposed by the Commission |
Amendment |
(f b) where applicable, under Member States' national law, allowing service providers established in third countries and self-employed persons to submit declarations for the purpose of fulfilling national posting declaration requirements that do not fall within the scope of Directive 2014/67/EU; |
Amendment 41
Proposal for a regulation
Article 2 - paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission shall be responsible for the development, maintenance and operation of the public interface. |
2. The Commission shall be responsible for the development, maintenance and operation of the public interface and provide technical support to Member States, including requested necessary functionalities by Member States in accordance with Article 2(1), point (f). |
Amendment 42
Proposal for a regulation
Article 2 - paragraph 3
Text proposed by the Commission |
Amendment |
3. The Commission shall ensure accessibility for persons with disabilities of the public interface and its content.. |
3. The Commission shall ensure that the public interface and its content are user friendly as well asaccessibility for persons with disabilities in accordance with Directive (EU) 2016/2102. |
Amendment 43
Proposal for a regulation
Article 3 - paragraph 1
Text proposed by the Commission |
Amendment |
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. |
1. A Member State that opts to make use of the public interface shall inform the Commission no later thansix months before the date from which it intends to use the public interface. |
Amendment 44
Proposal for a regulation
Article 3 - paragraph 3
Text proposed by the Commission |
Amendment |
3. Member States making use of the public interface shall not impose any additionaldeclaration or information requirements on the service providers submitting the posting declaration through the public interface. |
3. Member States making use of the public interface shall not impose any paralleldeclaration or information requirements for posting declarations or uploading documents related to Article 9(1) of Directive 2014/67/EUon the service providers submitting the posting declaration, or for making documents availablethrough the public interface. This is without prejudice to the possibility for enforcement authorities or other bodies to impose other administrative requirements and to request additional information where appropriate when exercising control, compliance and enforcement functions in accordance with national law and practice. |
Amendment 45
Proposal for a regulation
Article 3 - paragraph 4
Text proposed by the Commission |
Amendment |
4. The list of Member States making use of the public interfaceas referred to in paragraph 3 shall be made publicly available by the Commission onthe public interface. |
4. The Commission shall make available on the public interfacethe list of Member States making use of itas referred to in paragraph 3. When a Member State decides not to make use ofthe public interface pursuant to paragraph 1, the public interface shall make available the link to that Member State's posting declaration website, if applicable, which shall be interoperable with the IMI. |
Amendment 46
Proposal for a regulation
Article 4 - paragraph 1 - introductory part
Text proposed by the Commission |
Amendment |
1. Without prejudice to paragraph 5the standard form shall consist of information relatedto: |
1. In accordance with Article 9(1), point (a), of Directive 2014/67/EU and based on national laws implementing that Directive,the standard form shall consist of theinformation set out in Annex I. That information shall relateto: |
Amendment 47
Proposal for a regulation
Article 4 - paragraph 1 - point d
Text proposed by the Commission |
Amendment |
(d) the contact person to liaise with the competent authorities; |
(d) the persons designated pursuant to Article 9(1), points (e) and (f), of Directive 2014/67/EU; |
Amendment 48
Proposal for a regulation
Article 4 - paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission shall establishthe 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). |
2. The Commission is empowered to adopt delegated acts in accordance with Article 7a in order to amendthe standard form referred to in paragraph 1 of this Article. |
Amendment 49
Proposal for a regulation
Article 4 - paragraph 4
Text proposed by the Commission |
Amendment |
4. Member Statesmay submit to the Commission suggestionsfor amendment(s) of the standard form. The Commission shall examine such suggestionswith the view to amending, where appropriate, the standard form. |
4. AnyMember Statemay submit to the Commission requestsfor amendment(s) of the standard form as established in Annex I, explaining the reasons for those request. The Commission shall examine, within a reasonable time, such requestswith the view to amending the standard form, where appropriate and provided that thes request are justified and proportionate in accordance with Article 9(1), point (a), of Directive 2014/67/EU. |
Amendment 50
Proposal for a regulation
Article 4 - paragraph 5
Text proposed by the Commission |
Amendment |
5. The Commission may, based on a suggestionby a Member State or on its own initiative, propose an amendmentof the standard form, in accordance with the procedure referred to in paragraph 2 of this Article. |
5. The Commission may, based on a requestby a Member State or on its own initiative, adopt a delegated act to amendof the standard form. |
Amendment 51
Proposal for a regulation
Article 4 - paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
5 a. Where the Commission decides not to adopt a delegated act for an amendment requested by a Member State, including if it considers it to be unjustified or disproportionate, the Commission shall explain, in a reasonable time, the reasons for its decision. |
Amendment 52
Proposal for a regulation
Article 5 - paragraph 3 - point b
Text proposed by the Commission |
Amendment |
(b) the identity of aposted worker; |
(b) the identity of posted workers; |
Amendment 53
Proposal for a regulation
Article 5 - paragraph 3 - point c
Text proposed by the Commission |
Amendment |
(c) an electronic notification address, such as a mailaddress, of a posted worker to inform the posted worker that a declaration has been submitted for that worker; |
(c) an electronic notification address, such as an e-mailaddress, of a posted worker to inform the posted worker that a declaration has been submitted for that worker; |
Amendment 54
Proposal for a regulation
Article 5 - paragraph 3 - point e
Text proposed by the Commission |
Amendment |
(e) the identity and contact details of the contact person of the service provider. |
(e) the identity and contact details of the persons designated pursuant to Article 9(1), points (e) and (f), of Directive 2014/67/EU. |
Amendment 55
Proposal for a regulation
Article 5 - paragraph 3 - point e a (new)
Text proposed by the Commission |
Amendment |
(e a) any other personal data contained in documents that are submitted to the public interface by that service provider. |
Amendment 56
Proposal for a regulation
Article 5 - paragraph 4
Text proposed by the Commission |
Amendment |
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. |
4. Where a Member State receives posting declarations additionally through the public interface in its national back-end system, including information received directly in the national back-end system as part of the function referred to in Article 2(1), point (f b) of this Regulation, 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. |
Amendment 57
Proposal for a regulation
Article 5 - paragraph 5
Text proposed by the Commission |
Amendment |
5. The public interface shall ensurethe automatic deletion of the information related to a posting which has been submitted through that public interface 36 monthsafter the end date of the posting period. |
5. The public interface shall provide forthe automatic deletion of the information related to a posting which has been submitted through that public interface 10 yearsafter the end date of the posting period. It shall also provide for the automatic deletion of information related to the service provider's reserved area 36 months after the latest submitted posted declaration. |
Amendment 58
Proposal for a regulation
Article 5 - paragraph 8
Text proposed by the Commission |
Amendment |
8. A Member State may allow the competent national authority to providenational social partners byother means than IMI withrelevant information available in IMI to the extent necessary and exclusivelyfor 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. |
8. In accordance with national law and practice,a Member State may allow the nationalcompetent authorities to make available tonational social partners and bodies acting on their behalf, as well as toother actors with an enforcement function, including local, regional and national authorities,relevant information which has been shared via IMI. The relevant information shall be provided to these actors by means other than IMIfor the purpose of checking compliance with theposting rules, including with applicable collective agreements. |
Amendment 59
Proposal for a regulation
Article 6 - title
Text proposed by the Commission |
Amendment |
Processing of submitted information by means of IMI |
Processing of submitted information and of documents submittedby means of IMI |
Amendment 60
Proposal for a regulation
Article 6 - paragraph 1
Text proposed by the Commission |
Amendment |
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. |
Information submitted and documents made available,via the public interface shall be made available in IMI to the responsible competent authorities of the host Member State as well as to the responsible competent authorities of the Member State of establishmentto achieve the objectives set out in Article 1. |
Amendment 61
Proposal for a regulation
Article 6 - paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
For the purposes of, and to the extent necessary for, exercising its tasks to coordinate and support concerted and joint inspections and to carry out analyses and risk assessments, information in submitted posting declarations in the public interface shall be made available to the European Labour Authority. |
Amendment 62
Proposal for a regulation
Article 7 a (new)
Text proposed by the Commission |
Amendment |
Article 7a |
|
Exercise of the delegation |
|
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. |
|
2. The power to adopt delegated acts referred to in Article 4(2) shall be conferred on the Commission for a period of 5 years from … [date of entry into force of the basic legislative act]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each. |
|
3. The delegation of power referred to in Article 4(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
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4. Before adopting a delegated act, the Commission shall consult the social partners and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
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5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
|
6. A delegated act adopted pursuant to Article 4(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council. |
Amendment 63
Proposal for a regulation
Article 9 - paragraph 1
Text proposed by the Commission |
Amendment |
The Commission shall report on the experience gained in the application of this Regulation by [fiveyears after entry into force of the Regulation]. In particular the report shall examine to what extent this Regulation has been successful in reducingadministrative barriers tothe freedom to provide services, in facilitating the effectivemonitoring by Member States of compliance with EU legislationaimed at ensuringthe protection of posted workers and in supportingthe related administrative cooperation between the national competent authorities in the Member States. |
The Commission shall report on the experience gained in the application of this Regulation by threeyears after the public interface is fully operational. In particular the report shall examine to what extent this Regulation has been successful in streamlining and simplifying theadministrative requirements that have an impact onthe freedom to provide services, in improving the functioning of the internal market, in encouraging Member States to make use of the public interface including the possibility for making the use of the public interface mandatory for Member States, in strengthening the enforcement andmonitoring, including data analysis,by Member States of compliance with Union lawaimed at improvingthe protection of posted workers and in reinforcingthe related administrative cooperation between the national competent authorities in the Member States. |
For the purposes of that report, the Commission shall take into account the opinions of the users of the public interface, in particular of SMEs, and of the relevant stakeholders, including the social partners and, of the national enforcement authorities. Since the national enforcement authorities are responsible for ensuring the correct application of this Regulation, their opinions shall be given particular weight in the Commission's evaluation. |
|
The report shall also explore the possibility of extending data reusability and the use of the public interface to portable document A1 to technically merge them into a single interface. |
Amendment 64
Proposal for a regulation
ANNEX I - Standard Form
Text proposed by the Commission |
Amendment |
ANNEX I |
|
Standard Form |
|
A. INFORMATION RELATED TO THE SERVICE PROVIDER |
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1. Identity of the person submitting the declaration (name, telephone, e-mail) |
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2. Type of posting |
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(a) Posting under a contract for service, |
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(b) Intra-group posting, or |
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(c) Posting by a temporary work agency |
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2a. For each type of posting, whether posting is: |
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(a) as a subcontractor [yes] [no] |
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(b) if the answer to point (a) is 'yes': the business registration number of the main contractor |
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(c) a chain/double posting [yes] [no] |
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3. Name of the posting company |
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4. Country of establishment of the posting company |
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5. Full postal address of the posting company (street, house number, town, postal code, country) |
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6. Contact details of the posting company (phone, e-mail) [General phone and email, not contact person] |
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7. Field of business (According to applicable national classification scheme or, if no applicable scheme, NACE classification with free text to identify NACE classification) |
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8. [If applicable] EU VAT identification number |
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9. Business registration number of posting company in the Member State of establishment |
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10. [If applicable] Number of the authorisation to carry out temporary employment agency activities |
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------- |
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B. INFORMATION RELATED TO THE POSTED WORKER |
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1. First name and surname |
|
2. Job title or description of the job required to perform during the posting |
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3. Professional qualifications |
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4. Date of birth |
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5. Passport number or National Identity Card number (must correspond to the form of identification used by the individual during their stay in the receiving Member State) |
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6. Personal identification number, such as a tax or social security number |
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7. Third country national [yes] [no] |
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- If yes: Nationality |
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8. Starting date of the employment relationship in the Member State of habitual work |
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9. Member State of affiliation for social security purposes |
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10. Phone number & Email address of posted worker |
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------- |
|
C. INFORMATION RELATED TO THE POSTING |
|
1. Beginning and end date of the posting OR Beginning date and anticipated duration of posting (automatic calculation of the other) |
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2. The nature of the service provided / nature of the activity (According to applicable national classification scheme or, if no applicable scheme, NACE classification with free text to identify NACE classification) |
|
3. Address(es) of the workplace: |
|
(a) address of the service recipient as workplace and/or |
|
(b) other workplace(s) (street, house number, postal code, town or geographical coordinates) |
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To be filled in for all workers or individually for each worker |
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4. Anticipated work hours: |
|
- Usual start and end time of work |
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- Days off per week |
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5. Rate of pay or bonus |
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6. Travel expenses paid (yes) (no) |
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7. Meals expenses paid (yes) (no) |
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8. Accommodation expenses paid (yes) (no) |
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9. Collective lodgings (Yes) (No) |
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- If yes: Address (street, house number, postal code, town or geographical coordinates) |
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10. Availability of documents: |
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(a) from the person to liaise with the competent national authorities, or |
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(b) at the workplace, or |
|
(c) other location (street, house number, postal code, town), or |
|
(d) electronically |
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------- |
|
D. INFORMATION RELATED TO THE PERSON(S) TO LIAISE WITH THE COMPETENT AUTHORITIES IN THE HOST MEMBER STATE (ART. 9 (1) (E) AND/OR (F) OF DIRECTIVE 2014/67/EU) |
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1. Indication if contact person is either: |
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(a) other person, or |
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(b) company |
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2. If (a) - First name and surname and personal identification number, such as a tax or social security number, Passport number or Identity card number |
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If (b) - Company name and business registration number |
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3. Phone and E-mail |
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4. Address (street, house number, town, postal code, country) |
|
------- |
|
E. INFORMATION RELATED TO THE SERVICE RECIPIENT |
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If in Section A, point 2 one of the following types of posting has been indicated: |
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- posting under a contract for service |
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- intra-group posting |
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1. Type of the service recipient: |
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(a) company, or |
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(b) private person |
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2. Name of the service recipient (if company) |
|
3. Address and contact details of the service recipient (if company) (street, house number, postal code, town, e-mail and phone number) |
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4. Business identification number of the service recipient in the host Member State (if company) |
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If in Section A, point 2 the following type of posting has been indicated: |
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- posting by a temporary work agency |
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1. Name of the user undertaking |
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2. Address and contact details of the user undertaking (street, house number, postal code, town, e-mail and phone number) |
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3. Business identification number of the user undertaking in the host Member State |
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In case of a double or chain posting. |
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4. Name of the user undertaking and identity of the legal representative or other person representing the service recipient in administrative and legal proceedings (Full name, date and place of birth, identity card number) |
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteurs declare that they included in their report input on matters pertaining to the subject of the file that they received, in the preparation of the report, prior to the adoption thereof in committee, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register[2], or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:
Entity and/or person |
European Trade Union Confederation (ETUC) |
BusinessEurope |
The Swedish Trade Union Confederation |
Brussels Office of the Swedish Trade Unions |
Verband Deutscher Maschinen- und Anlagenbau e.V. |
Council of European Employers of the Metal, Engineering and Technology-based Industries |
Confederation of Swedish Enterprise |
European Federation of Building and Wood Workers |
Svensk Byggkontroll |
Svenska Byggnadsarbetareförbundet |
Transportarbetareförbundet |
European Transport Workers' Federation |
3F Transport Denmark |
3F Byggegruppen Denmark |
European Association of Paritarian Institutions of Social Protection |
Deutscher Gewerkschaftsbund |
Danish Trade Union Confederation EU office |
European Federation of Food, Agriculture and Tourism Trade Unions |
Gesamtverband der Arbeitgeberverbände der Metall- und Elektroindustrie (Gesamtmetall) |
Bundesvereinigung der deutschen Arbeitgeberverbände (BDA) |
The list above is drawn up under the exclusive responsibility of the rapporteurs.
Where natural persons are identified in the list by their name, by their function or by both, the rapporteurs declare that they have submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.
Title |
Public interface connected to the Internal Market Information System for the declaration of posting of workers and amending Regulation (EU) No 1024/2012 |
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References |
COM(2024)0531 - C10-0188/2024 - 2024/0301(COD) |
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Date submitted to Parliament |
14.11.2024 |
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Committee(s) responsible Date announced in plenary |
EMPL 10.2.2025 |
IMCO 10.2.2025 |
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Committees asked for opinions Date announced in plenary |
BUDG 10.2.2025 |
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Not delivering opinions Date of decision |
BUDG 12.12.2024 |
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Rapporteurs Date appointed |
Johan Danielsson 6.3.2025 |
Andreas Schwab 6.3.2025 |
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Rule 59 - Joint committee procedure Date announced in plenary |
10.2.2025 |
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Discussed in committee |
20.5.2025 |
26.6.2025 |
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Date adopted |
8.9.2025 |
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Result of final vote |
+: -: 0: |
84 11 1 |
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Members present for the final vote |
Maravillas Abadía Jover, Peter Agius, Grégory Allione, Li Andersson, Marc Angel, Pablo Arias Echeverría, Pascal Arimont, Jeannette Baljeu, Nikola Bartůšek, Arno Bausemer, Gabriele Bischoff, Vilija Blinkevičiūtė, Rachel Blom, Biljana Borzan, Andrzej Buła, Petr Bystron, David Casa, Anna Cavazzini, Estelle Ceulemans, Per Clausen, David Cormand, Henrik Dahl, Johan Danielsson, Marie Dauchy, Elisabeth Dieringer, Mélanie Disdier, Christian Doleschal, Elena Donazzan, Klara Dostalova, Michał Dworczyk, Gheorghe Falcă, Kamila Gasiuk-Pihowicz, Hanna Gedin, Chiara Gemma, Niels Geuking, Juan Carlos Girauta Vidal, Isilda Gomes, Sandro Gozi, Maria Grapini, Elisabeth Grossmann, Maria Guzenina, Svenja Hahn, Anna-Maja Henriksson, Alicia Homs Ginel, Sérgio Humberto, Irena Joveva, Katrin Langensiepen, Eleonora Meleti, Idoia Mendia, Nikola Minchev, Piotr Müller, Denis Nesci, Branislav Ondruš, Aodhán Ó Ríordáin, Hristo Petrov, Gheorghe Piperea, Reinis Pozņaks, Dennis Radtke, Christel Schaldemose, Ernő Schaller-Baross, Andreas Schwab, Tomislav Sokol, Liesbet Sommen, Villy Søvndal, Pál Szekeres, Romana Tomc, Raffaele Topo, Francesco Torselli, Dimitris Tsiodras, Inese Vaidere, Adina Vălean, Brigitte van den Berg, Marianne Vind, Mariateresa Vivaldini, Marion Walsmann, Jan-Peter Warnke, Séverine Werbrouck |
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Substitutes present for the final vote |
Alex Agius Saliba, Sebastião Bugalho, José Cepeda, Vivien Costanzo, Estrella Galán, Ivars Ijabs, Marina Kaljurand, Rudi Kennes, Arba Kokalari, Sebastian Kruis, Judita Laššáková, Pierfrancesco Maran, Catarina Martins, Paulius Saudargas, Kim Van Sparrentak, Marie-Pierre Vedrenne, Andrea Wechsler, Kosma Złotowski |
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Members under Rule 216(7) present for the final vote |
Sofie Eriksson, Julien Leonardelli, Fulvio Martusciello |
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Date tabled |
12.9.2025 |
84 |
+ |
ECR |
Elena Donazzan, Michał Dworczyk, Chiara Gemma, Piotr Müller, Denis Nesci, Gheorghe Piperea, Reinis Pozņaks, Francesco Torselli, Mariateresa Vivaldini, Kosma Złotowski |
NI |
Branislav Ondruš, Jan-Peter Warnke |
PPE |
Maravillas Abadía Jover, Peter Agius, Pablo Arias Echeverría, Pascal Arimont, Sebastião Bugalho, Andrzej Buła, David Casa, Henrik Dahl, Christian Doleschal, Gheorghe Falcă, Kamila Gasiuk-Pihowicz, Niels Geuking, Sérgio Humberto, Arba Kokalari, Fulvio Martusciello, Eleonora Meleti, Dennis Radtke, Paulius Saudargas, Andreas Schwab, Tomislav Sokol, Liesbet Sommen, Romana Tomc, Dimitris Tsiodras, Inese Vaidere, Adina Vălean, Marion Walsmann, Andrea Wechsler |
PfE |
Klara Dostalova |
Renew |
Grégory Allione, Jeannette Baljeu, Sandro Gozi, Svenja Hahn, Anna-Maja Henriksson, Ivars Ijabs, Irena Joveva, Nikola Minchev, Hristo Petrov, Brigitte van den Berg, Marie-Pierre Vedrenne |
S&D |
Alex Agius Saliba, Marc Angel, Gabriele Bischoff, Vilija Blinkevičiūtė, Biljana Borzan, José Cepeda, Estelle Ceulemans, Vivien Costanzo, Johan Danielsson, Sofie Eriksson, Isilda Gomes, Maria Grapini, Elisabeth Grossmann, Maria Guzenina, Alicia Homs Ginel, Marina Kaljurand, Pierfrancesco Maran, Idoia Mendia, Aodhán Ó Ríordáin, Christel Schaldemose, Raffaele Topo, Marianne Vind |
The Left |
Li Andersson, Per Clausen, Estrella Galán, Hanna Gedin, Rudi Kennes, Catarina Martins |
Verts/ALE |
Anna Cavazzini, David Cormand, Katrin Langensiepen, Villy Søvndal, Kim Van Sparrentak |
11 |
- |
ESN |
Arno Bausemer, Petr Bystron |
PfE |
Marie Dauchy, Elisabeth Dieringer, Mélanie Disdier, Juan Carlos Girauta Vidal, Sebastian Kruis, Julien Leonardelli, Ernő Schaller-Baross, Pál Szekeres, Séverine Werbrouck |
1 |
0 |
NI |
Judita Laššáková |
Key to symbols:
+ : in favour
- : against
0 : abstention