What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

P10_TA(2026)0346

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 – C100188/2024 – 2024/0301(COD))

Committee on Employment and Social Affairs, Committee on the Internal Market and Consumer Protection

PE772.171

European Parliament legislative resolution of 20 October 2026 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)

– 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)2025,

– having regard to the provisional agreement approved by the committees responsible under Rule 75(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 30 June 2026 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the joint deliberations of the Committee Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection under Rule 59 of the 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),

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Recital 2: (2) Directive 2014/67/EU aims to facilitate the exercise of the freedom to provide services and promote fair competition between service providers thus supporting 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 containing the relevant information necessary 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. Article 9(1), point (b)…

P10_TC1-COD(2024)0301

Recital 3: (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 interfaces systems 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 delays and 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.

Position of the European Parliament adopted at first reading on 20 October 2026 with a view to the adoption of Regulation (EU) 2026/… of the European Parliament and of the Council

Recital 3 a (new): (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.

on a public interface, connected to the Internal Market Information System, for the declaration of the posting of workers and amending Regulation (EU) No 1024/2012

Recital 4: (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 and requirements, in order to reduce any unnecessary administrative burden for service providers including any duplication of requirements. This is of particular importance for undertakings situated in border regions. The reporting system and 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/E…

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Recital 5: (5) Streamlining and simplifying administrative requirements for service providers and national competent authorities must concur with the full 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 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.

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Recital 7: (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 simplify administrative requirements that have an impact on to 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.

Having regard to the proposal from the European Commission,

Recital 8: (8) The simplification of the process of sending, updating and tracking posting declarations should facilitate a better and more uniform and effective application 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 and 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 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.

After transmission of the draft legislative act to the national parliaments,

Recital 9: (9) A simplification of the process of sending and updating posting declarations should reduce the administrative burden and obstacles to cross-border enforcement of 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 and the proper functioning of the internal market.

Having regard to the opinion of the European Economic and Social Committee,

Recital 10: (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 Regulation 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 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.

Acting in accordance with the ordinary legislative procedure,

Recital 10 a (new): (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.

Whereas:

Recital 10 b (new): (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.

(1) The Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council, is to be used as much as possible for the administrative cooperation and mutual assistance, including between the competent authorities of the Member States designated pursuant to Directive 96/71/EC of the European Parliament and of the Council and as defined in Directive 2014/67/EU of the European Parliament and of the Council, concerning the posting of workers in the framework of the provision of services. In accordance with Directive 2014/67/EU, Member States are to work in close cooperation and provide each other with mutual assistance without undue delay in order to facilitate the implementation, application and enforcement in practice of that Directive and of Directive 96/71/EC.

Recital 10 c (new): (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.

(2) Directive 2014/67/EU aims to ▌guarantee ▌respect for an appropriate level of protection of the rights of posted workers for the cross-border provision of services, in particular ▌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, while facilitating the exercise of the freedom to provide services for service providers and promoting fair competition between service providers, and thus supporting the functioning of the internal market. Article 9(1), first subparagraph, of Directive 2014/67/EU provides that Member States can only impose administrative requirements and control measures ▌ necessary in order to ensure the effective monitoring of compliance with the obligations set out in that Directive and Directive 96/71/EC, provided that they are justified and proportionate in accordance with Union law. Subject to those conditions, Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU allows Member States to require a service provider established in another Member State to make a simple declaration to the responsible national competent authorities (the ‘competent authorities’), at the latest at the commencement of the service provision, containing the relevant information necessary to allow factual controls at the workplace (the ‘posting declaration’). It remains the responsibility of Member States to decide, subject to justification and proportionality, in which cases to require a posting declaration and what information such a posting declaration is to contain. Article 9(1), second subparagraph, point (b), of Directive 2014/67/EU allows Member States to require a service provider to keep or make available and/or 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), second subparagraph, point (c), of Directive 2014/67/EU allows Member States to require a service provider to deliver those documents after the period of posting upon the request of the authorities of the Member State to which a worker is posted (the ‘host Member State’), within a reasonable period of time. Article 9(1), second subparagraph, point (d), of Directive 2014/67/EU allows Member States to require a service provider to provide a translation of those documents into (one of) the official language(s) of the host Member State, or into (an)other language(s) accepted by the host Member State. It remains the responsibility of Member States to decide, subject to justification and proportionality, whether to introduce any such requirements.

Recital 11: (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.

(3) All Member States have decided to require a posting declaration to be submitted by service providers posting workers to them. However, the national posting declaration systems differ significantly in design, requirements and functionality and the posting declaration requirements vary significantly among the Member States. Complying with those diverging requirements creates a considerable administrative burden for the service providers posting workers, in particular for small and medium-sized enterprises (SMEs), is an obstacle to the freedom to provide services and hinders the free movement of workers within the internal market. Stakeholders, in particular service providers, have ▌stressed that the posting declaration requirement constitutes a significant reporting obligation and is among the most significant administrative obstacles to the cross-border provision of services in the internal market.

Recital 12: (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.

(4) Reporting requirements play a key role in ensuring the effective monitoring and correct enforcement of legislation, while allowing for better data collection and cross-border exchange of information and, thereby, more targeted inspections and evidence-based policy-making. The reporting systems and requirements, established in accordance with Article 9(1) of Directive 2014/67/EU, for the submission of posting declarations should be simplified, in line with the Commission’s communication of 16 March 2023 entitled ‘Long-term competitiveness of the EU: looking beyond 2030’▌, in order to significantly reduce the administrative burden for service providers established in other Member States and posting workers to host Member States, as well as for competent authorities, while ensuring that Member States are equipped with the information necessary for the effective monitoring of compliance and the enforcement of the administrative requirements and control measures referred to in Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU. Such simplification should be without prejudice to the level of protection of posted workers provided for in Directive 96/71/EC and to the enforcement of that Directive pursuant to Directive 2014/67/EU.

Recital 14: (14) Service providers should be able to submit a posting declaration and make available, where applicable, relevant documents to the national competent authorities of a participating Member State to which a worker is posted, i.e. the host Member State, using a user-friendly multilingual 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.

(5) The simplification of administrative requirements for service providers and competent authorities is to be achieved while ensuring adequate working conditions and social protection for posted workers and the enforcement of those conditions and that protection. The facilitation of the effective monitoring ▌by Member States of compliance with Union law aims to ensure the protection of posted workers’ rights and the reinforcement of mutual administrative cooperation, to improve the protection of workers’ rights and to help combat abusive practices and undeclared work. Abusive practices and undeclared work undermine workers’ fundamental rights and distort competition, to the detriment of compliant service providers.

Recital 14 a (new): (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.

(6) In accordance with Article 12 of Regulation (EU) No 1024/2012, technical means can be provided to allow external actors to interact with IMI. Such interaction should be facilitated by means of a multilingual electronic public interface connected to IMI (the ‘public interface’), through which service providers submit posting declarations to the Member States that make use of the public interface instead of their national posting declaration systems under Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU and national law. Member States could, in addition, require service providers to make relevant documents available in the public interface instead of using their national procedures to request and obtain such relevant documents. Documents requested and obtained in IMI through the public interface should not be requested also by other means. Those Member States could then use the information from posting declarations and documents obtained in IMI to make reasoned requests for information to other Member States and to reply to reasoned requests for information from other Member States in the IMI posting modules, in accordance with the obligation to provide mutual administrative cooperation and assistance under Directive 2014/67/EU.

Recital 14 b (new): (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.

(7) Given the increase in the number of posted workers in the Union, the simplification of the process of submitting and updating posting declarations and of making relevant documents available aims to simplify administrative processes and requirements, thereby facilitating the freedom to provide services, while providing for stronger protection of posted workers during their posting.

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Recital 16: (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.

(9) A single system for posting declarations, used by as many Member States as possible, is envisaged as a long-term objective 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 and a well-functioning public interface that can be easily integrated into Member States’ national back-end systems are factors that will be key to increasing the take-up of the public interface by Member States.

Recital 16 a (new): (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.

(10) The simplification of the process of submitting and updating posting declarations, including the transparent logging of user activity, aims to facilitate a better and more uniform and effective application of Directive 96/71/EC as well as the enforcement in practice of that Directive. It should be achieved by improving the collection, cross-referencing and comparability of data by establishing a standard form for posting declarations and by reducing instances of non-compliance with posting rules due to different procedures for submitting posting declarations. The simplification of that process also aims to facilitate the carrying out of effective and adequate inspections by the Member States, thus contributing to the protection of posted workers’ rights.

Recital 17: (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 and 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 referred to in Article 9(1) of Directive 2014/67/EU imposed at national level in these Member States. The setting up of the multilingual 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 and will contribute to better cross-border enforcement and administrative cooperation.

(11) The simplification of the process of submitting and updating posting declarations is expected to reduce the administrative burden and obstacles to cross-border enforcement by competent authorities seeking mutual assistance from other Member States and to improve data collection in order to enable evidence-based policy making. To ensure that the 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 Directives 96/71/EC and 2014/67/EU, supporting the related administrative cooperation between the competent authorities in the Member States and contributing to more effective enforcement and to the proper functioning of the internal market.

Recital 18: (18) A single public interface for declaring posted workers in the Union will only achieve its full potential in deepening the internal market, strengthening the competitiveness of Union undertakings and ensuring effective 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.

(12) Pursuant to Article 1(4) of Directive 96/71/EC, Member States are not to give more favourable treatment to undertakings established in a non-Member State than to undertakings established in a Member State. To support Member States in complying with that obligation, and to achieve the objectives of the public interface, the public interface should, in addition, be made available for declarations submitted by service providers established in a non-Member State that send workers to a Member State to provide services. That would facilitate ensuring adequate working conditions for those workers and would promote fair competition between service providers. That would also support mutual assistance between Member States’ competent authorities in accordance with Regulation (EU) No 1024/2012, where competent authorities request information about workers sent by a service provider established in a third country from other Member States. The public interface should be made available for such declarations upon the request of the Member State to whose territory the worker is sent from a non-Member State. A Member State should make such a request only if necessary for those service providers to comply with its national law.

Recital 18 a (new): (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.

(13) The Commission should set up the public interface for voluntary use by Member States. The public interface should enable Member States to require service providers to submit posting declarations to the competent authorities, and to upload and submit documents upon the request of those competent authorities. Service providers would thereby comply with the obligation imposed by Member States to declare the posting of workers pursuant to Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU, to keep or make available documents pursuant to Article 9(1), second subparagraph, point (b), (c) or (d), of that Directive and to enable factual controls at the workplace.

Recital 19: (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) 2016/67910 and (EU) 2018/172511 of 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.

(14) The public interface should support Member States in their task of ensuring that the procedures and formalities relating to the posting of workers are user-friendly and can be completed by undertakings at a distance and by electronic means, thus facilitating the submission of posting declarations and documents where required. However, the submission of documents should be requested by the competent authorities only after the period of posting has started. The public interface should enable the submission of motivated notifications to enable service providers to extend the period of posting from 12 to 18 months pursuant to Article 3(1a), third subparagraph, of Directive 96/71/EC.

Recital 20: (20) The information from the posting declarations and uploaded documents should 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 interface for a maximum of 36 months after the latest submitted posting declaration.

(15) The public interface should enable the technical validation of the data in the posting declarations, in order to ensure the plausibility and technical accuracy of the information provided and the format of the data. Where feasible, such validation could be carried out by enabling the cross-referencing of information against relevant Union registries, such as the VAT Information Exchange System. User activity in the public interface should be recorded and logged in order to ensure the transparency of changes made to posting declarations and to enable the reuse of the data by service providers.

Recital 22: (22) In many Member States, social partners and other entities and organisations, including local, regional and national authorities in the context of public procurement play 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, national competent authorities should therefore be allowed to make available to national 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 actors by other means than IMI.

(16) To inform a worker about the submission of a posting declaration concerning that worker, the public interface should be able, where provided for and requested by the host Member State, to transmit an extract of the posting declaration to the posted worker concerned. Such an extract should contain only data that are relevant to the posted worker concerned, in a retainable and permanent format.

Recital 22 a (new): (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).

(17) The host Member State should be able to request to receive posting declarations and, where applicable, documents submitted through the public interface also in its national back-end system. Where the Member State of establishment of the service provider makes use of the public interface for posting declarations, it should be able to request to receive information submitted in the posting declarations to the host Member State also in its national back-end system. The Commission and Member States can cooperate with regard to any technical issues concerning such requests.

Recital 23: (23) The ELA should 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.

(18) The public interface offers potential to disseminate information provided by Member States pursuant to Article 5(2), point (a), of Directive 2014/67/EU. The public interface should make available a link to the single official national posting website, which provides information about the applicable terms and conditions of employment, including information relating to the posting declaration and any relevant exemptions. That information is of particular importance to SMEs. The public interface should also, where applicable, make available links to the relevant websites of Member States for the submission of motivated notifications pursuant to Directive 96/71/EC. The links to the single official national posting websites and to the websites for those notifications should be provided to the Commission by the Member States.

Article 1 – paragraph 1: 1. In order to contribute to the proper functioning of the internal market by streamlining and simplifying administrative requirements that have an impacting on the freedom to provide services, to improve the effective enforcement and monitoring of compliance with Union law aimed at ensuring the protection of posted workers’ rights, to strengthen the 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’).

(19) The setting up of the public interface should have no impact on whether Member States decide to make use of the public interface or continue to use their national posting declaration systems established in accordance with Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU. All Member States will continue to use IMI for the administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in Directives 96/71/EC and 2014/67/EU and in points 6 and 7 of the Annex to Regulation (EU) No 1024/2012.

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

(20) Interoperable and reusable solutions, such as those provided for by Regulation (EU) No 910/2014 of the European Parliament and of the Council as regards establishing the European Digital Identity Framework, or by other Union legal acts on a digital identity for economic operators, can be taken into consideration as they can make it easier for service providers to identify themselves.

Article 2 – paragraph 1 – introductory part: 1. The public interface shall be free of charge and available in all the official languages of the Union institutions. It shall provide functionality for:

(21) There are currently separate procedures with regard to the posting of workers and social security coordination. Undertakings are required to use separate portals to submit posting declarations and to apply for the social security document referred in Article 19(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council attesting the applicable Member State’s legislation pursuant to Regulation (EC) No 883/2004 of the European Parliament and of the Council (portable document A1). The Commission should continue to explore the possibility of bringing posting declarations and applications for the portable document A1 more closely together technically and to explore synergies in terms of data reusability.

Article 2 – paragraph 1 – point a: (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;

(22) While there is no obligation on Member States to impose on service providers any of the measures in Article 9(1), second subparagraph, points (a), (b), (c) or (d), of Directive 2014/67/EU, Member States should be able to decide to make use of the public interface for posting declarations as well as for the submission of documents. Before requiring service providers to submit posting declarations and, where applicable, documents through the public interface, Member States should ensure that such requirements are provided for in national law, in accordance with Union law. In order to ensure the frictionless use of the public interface, Member States should communicate to the Commission their interest in making use of the public interface. Member States should be allowed to cease to make use of the public interface, provided that they inform the Commission of such intention in a timely manner in advance in order to ensure the frictionless use of the public interface and legal certainty for service providers.

Article 2 – paragraph 1 – point b: (b) ensuring appropriate logging of user activity, including the transparency of changes made to posting declarations;

(23) The Commission, in line with the United Nations Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006, to which the Union and all Member States are party, should ensure accessibility for persons with disabilities of the public interface and its content, taking into account, to the extent relevant, the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council, and a level of web accessibility equivalent to the level for web-based applications of public sector bodies provided for in Directive (EU) 2016/2102 of the European Parliament and of the Council.

Article 2 – paragraph 1 – point c: (c) creating, submitting and managing declarations of posted workers, including, where possible, validating data technically through relevant Union and national public registers;

(24) Service providers should be able to submit a posting declaration and make relevant documents available to the competent authorities of a ▌host Member State that makes use of the public interface, including the standard form. The public interface should include clear guidance and support features to help service providers submit their posting declarations efficiently and correctly.

Article 2 – paragraph 1 – point d: (d) transmitting electronically a retainable extract of 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;

(25) The translation facility in IMI allows the competent authorities to translate documents from and into any of the official languages of the Union institutions. This removes the need for an obligation on the service provider to provide a translation of the documents submitted through the public interface.

Article 2 – paragraph 1 – point d a (new): (d a) transmitting electronically a copy of the posting declaration to the service recipient;

(26) The Commission has 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 that expert group concerning the information requirements that would be appropriate to include in a standard form for posting declarations. Taking into account that advice, the applicable Union law and the national measures transposing Directive 2014/67/EU, and in order to enable the provision of ▌information that could be necessary to allow factual controls at the workplace, the standard form used in connection with the public interface should consist of information requirements relating to the service provider, the posted worker, the posting assignment, the contact persons for competent authorities and for social partners, and the service recipient. The public interface should enable Member States to limit the obligation to submit a posting declaration to certain economic sectors or activities or to exempt certain economic sectors or activities from that obligation. Member States should inform the Commission of any such limitation or exemption.

Article 2 – paragraph 1 – point d b (new): (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;

(27) The standard form should be available in all official languages of the Union institutions. A Member State should be able to decide that service providers posting workers to its territory are not required to provide certain information in the standard form where that Member State does not consider such information to be relevant in view of its national context and the way it organises factual controls at the workplace. In such cases, the Member State should inform the Commission of its decision.

Article 2 – paragraph 1 – point e: (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.

(28) Taking into account the specific circumstances of the Member States, information about the service provider and the service recipient, including the legal representative or another person representing the undertaking in administrative or legal proceedings, such as the CEO, a board member or, where the undertaking decides to appoint one, a lawyer, and about the identity and contact details of the service recipient, can facilitate the identification of cases in which there has been a circumvention or an abuse of the posting rules and of cases of undeclared work in the context of the posting of workers.

Article 2 – paragraph 1 – point f a (new): (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;

(29) With regard to the construction sector, the standard form should include an information requirement to indicate, where applicable, any registration in the relevant national registers of the host Member State. Member States should require such information only where the relevant registration requirements comply with Union law, in particular with Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and Directive 2006/123/EC of the European Parliament and of the Council. The inclusion of such an information requirement in the standard form is without prejudice to whether the relevant registration requirement complies with Union law.

Article 2 – paragraph 1 – point f b (new): (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;

(30) In the case of a double posting or a chain posting as referred to Article 1(3), first and second subparagraphs, of Directive 96/71/EC by a temporary employment undertaking or a placement agency, the standard form should allow each undertaking involved to be identified. Requiring information about a legal representative or another person representing those undertakings in administrative or legal proceedings can also facilitate the monitoring of compliance with Union law that aims to ensure the protection of posted workers’ rights.

Article 2 – paragraph 2: 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).

(31) The standard form should include an information requirement relating to the authorisation to carry out temporary employment undertaking or placement agency activities in the country of establishment of the undertaking or agency, and an information requirement on the justification for the use of a temporary employment undertaking or placement agency in accordance with the host Member State’s law, provided that the law does not constitute an obstacle to the freedom to provide services pursuant to Article 56 TFEU and Directive 2006/123/EC, and is compatible with Directive 2008/104/EC of the European Parliament and of the Council.

Article 2 – paragraph 3: 3. The Commission shall ensure that the public interface and its content are user friendly as well as accessibility for persons with disabilities in accordance with Directive (EU) 2016/2102.

(32) Member States should be able, by means of the standard form, to request information about indicative working periods of the posted worker where such information is needed in order to anticipate when the posted worker would normally be expected to be available at the workplace in order to monitor the posted worker’s terms and conditions of employment.

Article 3 – paragraph 1: 1. A Member State that opts to make use of the public interface shall inform the Commission no later than six months before the date from which it intends to use the public interface.

(33) In accordance with Article 10 of Directive 2014/67/EU, inspections are to be based primarily on a risk assessment. In that regard, Member States should be able, by means of the standard form, to request information relating to an indicative level of the hourly rate of pay of the posted worker where such information is necessary for carrying out the risk assessment. Member States requesting such information should ensure that information about the applicable minimum hourly rate of pay is easily accessible as part of the information about remuneration published on their single official national posting websites pursuant to Article 3(1), fourth subparagraph, of Directive 96/71/EC and Article 5(1) and (4) of Directive 2014/67/EU.

Article 3 – paragraph 3: 3. Member States making use of the public interface shall not impose any parallel declaration or information requirements for posting declarations or uploading documents related to Article 9(1) of Directive 2014/67/EU on the service providers submitting the posting declaration, or for making documents available through 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.

(34) In respect of the establishment and amendment of the standard form, reflecting the information requirements set out in the Annex to this Regulation, 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 Council. ▌

Article 3 – paragraph 4: 4. The Commission shall make available on the public interface the list of Member States making use of it as referred to in paragraph 3. When a Member State decides not to make use of the 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.

(35) Making use of the public interface, including the standard form, is intended to simplify the administrative requirements and address the divergences in the applicable rules and regulations of the Member States. Where a service provider uses the standard form, this should be sufficient to comply with the posting declaration obligation in Member States that make use of the public interface. For the purpose of posting declarations, there should be no additional information requirements imposed at national level in those Member States. It is without prejudice to the possibility for Member States’ enforcement authorities or other bodies to request further information or documents, or to impose other administrative requirements, to ensure the effective monitoring of compliance with Union law on the posting of workers pursuant to Article 9 of Directive 2014/67/EU.

Article 4 – paragraph 1 – introductory part: 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 the information set out in Annex I. That information shall relate to:

▌

Article 4 – paragraph 1 – point d: (d) the persons designated pursuant to Article 9(1), points (e) and (f), of Directive 2014/67/EU;

(36) The standard form and the documents submitted by service providers through the public interface could contain certain personal data. The processing of personal data in the public interface should be carried out in accordance with Union law on the protection of personal data, namely Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council. For that purpose, this Regulation should specify the categories of personal data that can be processed in the public interface. In order to clarify who bears the responsibility for the processing of personal data submitted through the public interface, this Regulation should indicate who is considered to be the controller of the personal data. Regulation (EU) No 1024/2012 applies to the processing of personal data in IMI by the competent authorities.

Article 4 – paragraph 2: 2. The Commission is empowered to adopt delegated acts in accordance with Article 7a in order to amend the standard form referred to in paragraph 1 of this Article.

(37) The information from posting declarations and from documents submitted, including any personal data, should 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 information and documents made available in IMI for the purpose of administrative cooperation are accessible to the competent authorities in accordance with Regulation (EU) No 1024/2012. That information and those documents can be kept in national back-end systems for a longer period, in accordance with Regulation (EU) 2016/679 and national law and practice.

Article 4 – paragraph 4: 4. Any Member State may submit to the Commission requests for 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 requests with 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.

(38) In many Member States, social partners and other entities and organisations, including local, regional and national authorities in the context of public procurement, play a role in the monitoring of compliance with the posting rules. In accordance with national law and practice, for the purpose of monitoring compliance with the posting rules, including with applicable collective agreements, competent authorities should be allowed to make available to social partners and bodies acting on their behalf, as well as other actors with an enforcement function, relevant information which has been made available in IMI. In such cases, the relevant information should be provided to them by means other than in IMI.

Article 4 – paragraph 5: 5. The Commission may, based on a request by a Member State or on its own initiative, adopt a delegated act to amend of the standard form.

(39) The data submitted through the public interface are significant with regard to a possible improvement of the accuracy of posting statistics and cross-border risk analyses relating to posting patterns in the internal market. Aggregated statistical data based on posting declarations in the public interface should be made available to the European Labour Authority (ELA), established by Regulation (EU) 2019/1149 of the European Parliament and of the Council, for the purpose of, and to the extent necessary for, exercising its tasks with regard to coordinating and supporting concerted and joint inspections and carrying out analyses and risk assessments.

Article 4 – paragraph 5 a (new): 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.

(40) The ELA should support the 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) 2019/1149.

Article 5 – paragraph 3 – point b: (b) the identity of posted workers;

(41) The Commission should continue to be assisted by the Expert Group on a Common Electronic Form for the Declaration of Posting of Workers and should regularly monitor the functioning of the public interface, including on the basis of feedback from service providers and competent authorities.

Article 5 – paragraph 3 – point c: (c) an electronic notification address, such as an e-mail address, of a posted worker to inform the posted worker that a declaration has been submitted for that worker;

(42) This Regulation should be without prejudice to Directives 96/71/EC and 2014/67/EU. It should also be without prejudice to Union law that lays down specific rules on the use of public interfaces, connected to IMI, for declarations of posting of certain categories of workers, such as Directive (EU) 2020/1057 of the European Parliament and the Council.

Article 5 – paragraph 3 – point e: (e) the identity and contact details of the persons designated pursuant to Article 9(1), points (e) and (f), of Directive 2014/67/EU.

(43) Since the objectives of this Regulation, namely to reduce administrative obstacles to the freedom to provide services by simplifying administrative requirements, 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 by the establishment of a multilingual electronic public interface for the declaration of the posting of workers and, where applicable, for making relevant documents available, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Article 5 – paragraph 3 – point e a (new): (e a) any other personal data contained in documents that are submitted to the public interface by that service provider.

(44) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 8 January 2025.

Article 5 – paragraph 4: 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.

(45) Regulation (EU) No 1024/2012 should therefore be amended accordingly,

Article 5 – paragraph 5: 5. The public interface shall 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.

HAVE ADOPTED THIS REGULATION:

Article 5 – paragraph 8: 8. In accordance with national law and practice, a Member State may allow the national competent authorities to make available to national 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 shall be provided to these actors by means other than IMI for the purpose of checking compliance with the posting rules, including with applicable collective agreements.

Article 1 Public interface connected to the Internal Market Information System

Article 6 – title: Processing of submitted information and of documents submitted by means of IMI

1. The Commission shall set up a multilingual electronic public interface, connected to the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, for the declaration of the posting of workers and, where applicable, for making relevant documents available (the ‘public interface’).

Article 6 – paragraph 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 establishment to achieve the objectives set out in Article 1.

2. The purpose of the public interface shall 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 designated pursuant to Article 3 of Directive 2014/67/EU (the ‘competent authorities’) and enhancing data collection on the posting of workers.

Article 6 – paragraph 1 a (new): 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.

3. The Commission shall make the public interface available to service providers free of charge.

Article 7 a (new): 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. / 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. / 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to…

Article 2 Functionalities of the public interface

Article 9 – paragraph 1: The Commission shall report on the experience gained in the application of this Regulation by three years 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 the administrative requirements that have an impact on the 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 and monitoring, including data analysis, by Member States of compliance with Union law aimed at improving the protection of posted workers and in reinforcing the 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…

1. The public interface shall be available in all the official languages of the Union institutions and shall provide functionalities for:

ANNEX I – Standard Form: ANNEX I / Standard Form / A. INFORMATION RELATED TO THE SERVICE PROVIDER / 1. Identity of the person submitting the declaration (name, telephone, e-mail) / 2. Type of posting / (a) Posting under a contract for service, / (b) Intra-group posting, or / (c) Posting by a temporary work agency / 2a. For each type of posting, whether posting is: / (a) as a subcontractor [yes] [no] / (b) if the answer to point (a) is 'yes': the business registration number of the main contractor / (c) a chain/double posting [yes] [no] / 3. Name of the posting company / 4. Country of establishment of the posting company / 5. Full postal address of the posting company (street, house number, town, postal code, country) / 6. Contact details of the posting company (phone, e-mail) [General phone and email, not contact person] / 7. Field of business (According to applicable national classification scheme or, if no applicable scheme, NACE classification with free text to identify NACE classification) / 8. [If applicable] EU VAT identification number / 9. Business registration number of posting company in the Member State of establishment / 10. [If applicable] Number of the authorisation to carry out temporary employment agency activities / ------- / B. INFORMATION RELATED TO THE POSTED WORKER / 1. First name and surname / 2. Job title or description of the job required to perform during the posting / 3. Professional qualifications / 4. Date of birth / 5. Passport number or National Identity Card number (mus…

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

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

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

(d) 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 referred to in Article 5(2), point (a), of Directive 2014/67/EU;

(e) uploading and submitting relevant documents listed in Article 9(1), second subparagraph, point (b), of Directive 2014/67/EU, provided that the related posting declaration has been submitted through the public interface;

(f) 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 pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012;

(g) making submitted documents available in IMI to the competent authorities of the host Member State for the monitoring of compliance with Union law that aims to ensure the protection of posted workers' rights, and for administrative cooperation pursuant to points 6 and 7 of the Annex to Regulation (EU) No 1024/2012;

(h) upon the request of the host Member State, enabling one or more competent authorities of that Member State, in addition, ▌to receive posting declarations, any changes thereto and documents submitted through the public interface in the national back-end system;

(i) upon the request of the Member State of establishment of the service provider, enabling one or more competent authorities of that Member State, in addition, to receive information submitted through the public interface and any changes thereto in the national back-end system;

(j) the exchange of messages between the competent authorities in the host Member State and the service providers, provided that the exchanges are relevant for the content of the posting declaration or for a request to upload the documents referred to in point (e);

(k) making available a link to the single official national website in accordance with Article 5(2), point (a), of Directive 2014/67/EU, 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, and any information relating to the posting declaration and any relevant exemptions;

(l) creating, submitting and managing motivated notifications pursuant to Article 3(1a) of Directive 96/71/EC, including technical validation of data and storing the data for reuse.

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

3. The Commission shall ensure that the public interface and its contents are accessible to persons with disabilities.

Article 3

Making use of the public interface by Member States

1. Member States may decide to make use of the public interface.

2. Member States’ law may require service providers to declare the posting of workers by submitting a declaration in accordance with Article 9(1) of Directive 2014/67/EU through the public interface using the multilingual standard form referred to in Article 4 of this Regulation (the ‘standard form’). Where Member States do so, that public interface shall replace any national system for the declaration of the posting of workers.

3. Member States’ law may, in addition, require service providers to make available copies of relevant documents necessary for checks and monitoring purposes in accordance with Article 9(1), second subparagraph, point (b), (c) or (d), of Directive 2014/67/EU, by submitting those documents through the public interface within a reasonable time of the request of a competent authority. Where Member States do so, those requirements shall replace any other national requirements to keep or make available such documents, where those documents have been requested and obtained in IMI through the public interface.

4. Member States that make use of the public interface shall not impose any additional posting declaration or information requirements within the meaning of Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU on service providers that submit the posting declaration through the public interface. Member States shall not impose any additional requirements regarding keeping or making available documents within the meaning of Article 9(1), second subparagraph, point (b), (c) or (d), of Directive 2014/67/EU on service providers during or after the period of posting, where those documents have been made available in IMI through the public interface.

5. A Member State that decides to make use of the public interface shall inform the Commission at least six months before the date from which it intends to make use of the public interface.

6. For the purpose of preventing more favourable treatment of undertakings established in a non-Member State than of undertakings established in a Member State, of ensuring adequate working conditions for workers, of promoting fair competition between service providers and of facilitating mutual assistance between Member States’ competent authorities, the use of the public interface may, in addition, include declarations submitted by service providers established in a non-Member State that are sending 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 being sent.

A Member State that decides to make use of the public interface pursuant to the first subparagraph of this paragraph shall inform the Commission in accordance with paragraph 5.

7. A Member State that decides to make use of the public interface shall, in due time before such use, adopt provisions, in accordance with this Regulation, which enable service providers posting workers to that Member State to make use of the public interface and to comply with the requirements relating to the public interface and to the standard form and, where relevant, to the uploading of documents.

8. The Commission shall make available on the public interface the list of Member States making use of the public interface. Where a Member State does not make use of the public interface, the Commission shall make a link available on the public interface to that Member State's posting declaration website, where such a link is provided by that Member State.

9. A Member State may cease to make use of the public interface. In such a case, the Member State shall inform the Commission at least three months before the date from which it intends to do so. The Commission shall make available on the public interface information about the cessation of use of the public interface by the Member State concerned.

Article 4 Standard form

1. The standard form shall, in accordance with Article 9(1), second subparagraph, point (a), of Directive 2014/67/EU and on the basis of national law implementing that Directive, consist of the information requirements set out in the Annex to this Regulation which are necessary to allow factual controls at the workplace as referred to in Article 9(1) of Directive 2014/67/EU and relating to:

(a) the service provider, including the legal representative or another person representing the service provider in administrative or legal proceedings;

(b) the posted workers, including the anticipated number of clearly identifiable posted workers, the description of the work to be carried out and the indicative level of the hourly rate of pay;

(c) the posting assignment, including the anticipated duration, the envisaged beginning and end date of the posting, the nature of the services justifying the posting, the working conditions, and collective accommodation if applicable;

(d) the contact persons designated to liaise with the competent authorities in the host Member State and with the social partners;

(e) the service recipient, including the legal representative or another person representing the service recipient in administrative or legal proceedings.

2. In the case of a double or chain posting by a temporary employment undertaking or placement agency, as referred to in Article 1(3), first and second subparagraphs, of Directive 96/71/EC, the standard form shall also consist of the information requirements relating to each undertaking, and to the legal representative of the undertaking or another person representing the undertaking in administrative or legal proceedings.

3. For postings of third-country nationals, the standard form shall 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.

4. Paragraphs 1, 2 and 3 of this Article and the information requirements set out in the Annex to this Regulation shall be without prejudice to other Union law, in particular Article 9(5), second subparagraph, of Directive 2014/67/EU.

5. The Commission shall adopt implementing acts to establish and amend the standard form, reflecting the information requirements set out in the Annex. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(2).

6. A Member State that decides to make use of the public interface may decide not to request all the information requirements in the standard form and shall inform the Commission accordingly.

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Article 5 Processing and retention of personal data

1. For the purpose of achieving the objectives set out in Article 1 and Article 3(6), personal data referred to in paragraphs 2 and 3 of this Article may be processed in the public interface.

2. The Commission shall be considered to be the controller as defined in Article 3, point (8), of Regulation (EU) 2018/1725 in relation to:

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

(b) processing the identification and contact details of the person submitting the posting declaration.

3. The service provider shall be considered to be the controller as defined in Article 4, point (7), of Regulation (EU) 2016/679 for processing:

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

(b) the identity of the posted workers;

(c) the electronic notification address, such as the email address, of a posted worker, to inform the posted worker that a posting declaration has been submitted in relation to that worker;

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

(e) for postings of third-country nationals, the beginning and end date of the employment relationship between the third-country national and the service provider;

(f) the indicative level of the posted worker’s hourly rate of pay;

(g) the identity and contact details of the contact person designated to liaise with the competent authorities in the host Member State and with the social partners;

(h) the identity and contact details of the legal representative of, or another person representing, the service provider, the service recipient and the user undertaking in administrative or legal proceedings, respectively;

(i) any personal data contained in documents that are uploaded or submitted through the public interface.

4. Where a Member State receives posting declarations or information and, where applicable, documents, through the public interface in its national back-end system, the competent authority of that Member State shall be considered to be the controller as defined in Article 4, point (7), of Regulation (EU) 2016/679 in respect of the processing of personal data contained in those posting declarations, information or documents.

5. The public interface shall enable all personal data stored therein and in the service providers’ accounts to be deleted when those data are no longer needed for the purposes for which they were collected and processed.

The public interface shall enable the sending of a reminder to the service provider to review and, where necessary, delete any personal data in accordance with the first subparagraph.

6. Information and documents relating to a posting which have been submitted through the public interface shall be automatically deleted therefrom 36 months after the end date of the period of posting.

7. In accordance with national law and practice, a Member State may allow the ▌ competent authority to provide national social partners and bodies acting on their behalf, as well as other actors with an enforcement function, by means other than in IMI with relevant information available in IMI to the extent necessary and exclusively for the purpose of checking compliance with the posting rules ▌, provided that the information relates to a posting to the territory of the Member State concerned.

Article 6 Processing of information and documents submitted through the public interface

1. Information and documents submitted through the public interface shall be made available in IMI to the competent authorities of the host Member State, in order to achieve the objectives set out in Article 1 and Article 3(6). Information submitted through the public interface shall also be made available in IMI to the competent authorities of the Member State of establishment of the service provider.

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

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

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

‘16. Regulation (EU) 2026/… of the European Parliament and of the Council of … on a public interface, connected to the Internal Market Information System, for the declaration of the posting of workers and amending Regulation (EU) No 1024/2012*+.

______________

* OJ L …’.

Article 8 Committee procedure

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

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 9 Evaluation

By … [five years from the date of entry into force of this Regulation], the Commission shall submit a report to the European Parliament, to the Council and to the Economic and Social Committee on the experience gained in the application of this Regulation. The report shall include an assessment of the extent to which this Regulation has been successful in reducing administrative obstacles to the freedom to provide services, in contributing to the proper functioning of the internal market by simplifying administrative requirements, in improving the effective monitoring by Member States of compliance with and enforcement of Union law that aims to ensure the protection of posted workers’ rights, and in strengthening the related administrative cooperation between the ▌competent authorities.

Without prejudice to the voluntary nature of the public interface, the report shall also examine the possibility of exploring further development of the public interface with a view to facilitating the widest possible take-up by Member States and the possibility of bringing posting declarations and applications for a portable document A1 more closely together technically.

The Commission shall also examine whether the information requirements set out in the Annex remain necessary and proportionate for the effective monitoring by Member States of compliance with Union law, including with regard to working conditions of posted workers.

The Commission shall take into account the opinion of the relevant stakeholders, including national enforcement authorities, social partners and the service providers, in particular SMEs.

The report shall, where appropriate, be accompanied by a proposal to amend this Regulation.

Article 10 Entry into force

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

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

Done at …,

For the European Parliament For the Council

The President The President

ANNEX

information requirements to be included in the standard form

A. Information relating to the service provider

1. The identity of the person submitting the posting declaration:

(a) name;

(b) telephone number;

(c) email address.

2. Type of posting:

(a) posting under a contract for service;

(b) intra-group posting; or

(c) posting by a temporary employment undertaking or a placement agency.

3. An indication of any chain or double posting.

4. For posting as a subcontractor, the name of the main contractor and, if available, the EU VAT identification number of the main contractor; if not available, the business registration number of the main contractor in the country of establishment.

5. The name of the service provider.

6. The country of establishment of the service provider.

7. The postal address (street, house number, postcode, town, country) of the service provider.

8. The telephone number and the email address of the service provider.

9. The field of business (NACE classification with free text to identify NACE classification, voluntary free text field for additional comments) of the service provider.

10. If available, the EU VAT identification number of the service provider; if not available, the business registration number of the service provider in the country of establishment.

11. The business registration number of the service provider in the country of establishment.

12. The given name and surname and the address (street, house number, postcode, town, country) of the legal representative or another person representing the service provider in administrative or legal proceedings.

13. If applicable, the number of the authorisation to carry out temporary employment undertaking or placement agency activities in the country of establishment of the undertaking or agency and the justification for the use of a temporary employment undertaking or a placement agency.

B. Information relating to the posted worker

1. The given name and surname.

2. Date of birth.

3. The job title or description of the work to be carried out during the posting.

4. Passport number or national identity card number corresponding to the form of identification used by the posted worker during the stay in the host Member State.

5. Nationality (for Union and third-country nationals).

6. The email address, for the purposes of the transmission by the public interface of an extract of the posting declaration to the posted worker, where applicable.

7. For postings of third-country national, confirmation of a valid residence and work permit or other arrangement of lawful residence and employment in the Member State of establishment of the service provider and the beginning and, if applicable, the end date of the employment relationship with the service provider.

8. The country of affiliation for social security purposes.

9. An indicative level of the hourly rate of pay of the posted worker.

C. Information relating to the posting

1. The anticipated beginning and end date of the posting.

2. An indication whether the posting is a replacement of a posted worker by another posted worker performing the same task at the same place.

3. The nature of the service provided or the nature of the activity (NACE classification with free text to identify NACE classification, voluntary free text field for additional comments).

4. For services provided in the construction sector, an indication of registration in relevant national registers of the host Member State.

5. The address of the workplace:

(a) the address of the service recipient if it is the workplace; and

(b) any other workplaces (street, house number, postcode, town, country, geographical coordinates or number plate of the motor vehicle and telephone number).

6. An indication of the anticipated working periods.

7. The availability of documents:

(a) with the contact person designated to liaise with the competent authorities;

(b) at the workplace;

(c) at another location (street, house number, postcode, town, country);

(d) electronically; or

(e) submitted through the public interface.

8. The postal address (street, house number, postcode, town, country or geographical coordinates) of any collective accommodation provided by the employer.

D. Information relating to the contact person designated to liaise with the competent authorities in the host Member State and with the social partners

1. Whether the contact person is:

(a) one of the posted workers;

(b) another person; or

(c) an undertaking.

2. The given name and surname, or the name of the undertaking.

3. The telephone number.

4. The email address.

5. In the case of points 1(b) and (c), the address (street, house number, postcode, town, country).

6. In the case of point 1(c), if available, the EU VAT identification number of the undertaking; if not available, the business registration number of the undertaking in the country of establishment.

E. Information relating to the service recipient

If in Section A, point 2, one of the following types of posting has been indicated: posting under a contract for service or intra-group posting:

1. Whether the service recipient is an undertaking or a natural person.

2. Where the service recipient is an undertaking:

(a) the name;

(b) the address (street, house number, postcode, town, country);

(c) the email address;

(d) the telephone number;

(e) if available, the EU VAT identification number of the service recipient; if not available, the business registration number of the service recipient in the Member State of establishment;

(f) the given name and surname and the address (street, house number, postcode, town, country) of the legal representative or another person representing the service recipient in administrative or legal proceedings.

If in Section A, point 2, the following type of posting has been indicated: posting by a temporary employment undertaking or placement agency:

(a) the name of the user undertaking;

(b) the address of the user undertaking (street, house number, postcode, town, country);

(c) the email address of the user undertaking;

(d) the telephone number of the user undertaking;

(e) if available, the EU VAT identification number of the user undertaking; if not available, the business registration number of the user undertaking in the Member State of establishment;

(f) the given name and surname and the address (street, house number, postcode, town, country) of the legal representative of the user undertaking or another person representing the user undertaking in administrative or legal proceedings.