Public interface connected to the Internal Market Information System for the declaration of posting of workers

The Committee on Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection adopted the report presented jointly by Johan DANIELSSON (S&D, SE) and Andreas SCHWAB (EPP, DE) 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.

The competent committees recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure amend the proposal as follows:

Public interface connected to the internal market information system

The proposal aims to establish a multilingual electronic public interface (i.e. a secure web portal enabling the use of a common electronic format and automatic data transfer) connected to the Internal Market Information System (IMI), for the declaration of the posting of workers.

The law of a Member State may provide for service providers to declare posting of workers by submitting at the latest at the commencement of the service provision a 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.

Public Interface Features

According to Members, the public interface should be free of charge and available in all official languages of the Union institutions. It should offer functionalities enabling:

- the creation of an account for secure access to the service provider's reserved area, allowing them to also save relevant data for future posting declarations;

- appropriate recording of user activity, including transparency of changes to posting declarations;

- the creation, submission and management of declarations of posted workers, including, where possible, the technical validation of data through relevant national and Union public registers;

- the electronic transmission of a retainable extract of the posting declaration to the posted worker;

- the electronic transmission of a copy of the posting declaration to the service recipient;

- the submission of 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;

- ensure that service providers have access to the website which provides information on national labour, social and tax law applicable to posted workers, including relevant exemptions for declaring a posting, in all Member States;

- 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.

The Commission will be responsible for the development, maintenance and operation of the public interface and will provide technical support to Member States, including requested necessary functionalities by Member States. It will ensure that the public interface and its content are user friendly as well as accessibility for persons with disabilities.

Making use of the public interface by Member States

The Commission will make available on the public interface the list of Member States that use it. Where a Member State decides not to use the public interface, the public interface will make available the link to that Member State’s posting declaration website, if applicable, which shall be interoperable with the IMI.

Standard form

Any Member State may submit to the Commission requests for amendment of the standard form set out in Annex I, explaining the reasons for such request. The Commission will examine, within a reasonable period of time, such requests with a view to amending the standard form, where appropriate and provided that they are justified and proportionate. In order to amend the standard form set out in the Regulation, the Commission may adopt delegated acts to add, amend or delete the required information.

Processing and storage of personal data

The service provider will be considered as the data controller for the processing of the identity of posted workers as well as any other personal data contained in documents submitted to the public interface by the service provider.

The public interface will provide for the automatic deletion of the information related to a posting which has been submitted through that public interface 10 years after 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.

The information contained in the posting declarations submitted in the public interface must be made available to the European Labour Authority.

Report

The Commission will report on the experience gained in applying the Regulation no later than three years after the public interface is fully operational. The report will examine the extent to which the Regulation has improved the functioning of the internal market and encouraged Member States to use the public interface, including the possibility of making the use of the public interface mandatory for Member States.