2024/0301(COD)

Official summary (Legislative Observatory, Decision by Parliament, 1st reading): The European Parliament adopted by 558 votes to 93, with 18 abstentions, a legislative resolution 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 European Parliament adopted its position at first reading, amending the proposal as follows:

Public interface connected to the Internal Market Information System

The Commission will set up a multilingual electronic public interface, connected to the Internal Market Information System (IMI). Its objective will be to contribute to the proper functioning of the internal market by reducing administrative obstacles to the freedom to provide services and by simplifying administrative requirements, while improving the effective monitoring by Member States of compliance with, and the enforcement of, Union law that aims to ensure the protection of posted workers’ rights, strengthening the related administrative cooperation between the competent authorities and enhancing data collection on the posting of workers.

Functionalities of the public interface

The public interface must be made available free of charge to service providers; it must also be available in all official languages ​​of the Union institutions and offer functionalities for:

- creating an account for secure access to a reserved area for service providers, including storing the data for reuse;

- ensuring appropriate and transparent logging of any user activity, including any changes made to posting declarations;

- creating, submitting and managing posting declarations, including technical validation of the data and storing the data for reuse;

- transmitting an extract of the posting declaration to the posted worker electronically, in a retainable and permanent form, containing only data that are relevant to that posted worker, together with a link to the single official national website;

- uploading and submitting relevant documents provided that the related posting declaration has been submitted through the public interface;

- making submitted information available in IMI to the competent authorities of the host Member State and the Member State of establishment of the service provider for the monitoring of compliance with Union law that aims to ensure the protection of posted workers' rights, and for administrative cooperation;

- the exchange of messages between the competent authorities in the host Member State and the service providers;

- making available a link to the single official national website which provides information about the applicable terms and conditions of employment and/or which parts of their national and/or regional law are to be applied to workers posted to their territory.

Use of the public interface by Member States

A Member State that decides to make use of the public interface will inform the Commission at least six months before the date from which it intends to make use of the public interface. Member States will not impose any additional requirements regarding posting declaration or information on service providers that submit the posting declaration through the public interface.

In order to prevent companies established in a non-member State from receiving more favourable treatment than those established in a Member State and to facilitate mutual assistance between Member States’ competent authorities, the use of the public interface may include declarations submitted by service providers established in a non-member State who send workers to a Member State to provide services, where such declarations are required by the law of the Member State to whose territory the worker is sent.

Standard form

The standard form must include the information necessary for workplace inspections, concerning:

a) the service provider, including its legal representative or its representative in administrative and judicial proceedings;

b) posted workers, including their number, the tasks envisaged and the indicative hourly wage rate;

c) the posting assignment, including its anticipated duration, start and end dates, nature of services, working conditions and, where applicable, collective accommodation;

d) the contact persons with the competent authorities of the host Member State and the social partners;

e) the service recipient, including his/her legal representative.

For postings of third-country nationals, the standard form will also consist of the information requirements relating to their residence and work permits or other arrangements of lawful residence or employment, and of the beginning and, if applicable, end date of the employment relationship.

Processing and storage of personal data

The Commission will be considered to be the data controller of personal data. The information from posting declarations and from documents submitted, including any personal data, must be kept in the public interface for a maximum of 36 months after the end of the period of posting for the purpose of reusing such information and such documents in subsequent posting declarations.

The European Labour Authority will receive statistical data based on posting declarations submitted through the public interface.