Amendment to Regulation (EU) No 1024/2012
This regulation establishes a new online public interface to simplify the process for companies to declare when they are posting workers to another EU country. The aim is to reduce administrative burdens for businesses and improve the monitoring of posted workers' rights. The new system will affect businesses that post workers across EU borders and the national authorities responsible for monitoring compliance. It aims to create a more uniform and user-friendly system for these declarations. Currently, each EU country has its own system for posting declarations, creating significant administrative hurdles for businesses. This regulation introduces a single, multilingual online interface, which Member States can choose to use, to streamline these declarations and reduce complexity. The European Commission will set up and maintain the public interface. Member States must inform the Commission if they intend to use it. Once a Member State uses the interface, it cannot impose additional declaration requirements on businesses using the system.
Analysis
The Commission shall establish a multilingual public interface connected to the Internal Market Information System (IMI) for the declaration of posting of workers.
What changes
- Introduces a multilingual public interface connected to the Internal Market Information System (IMI) for the declaration of posting of workers.
- Establishes a standard form for posting declarations, detailed in Annex I, which Member States can use.
- Empowers the Commission to adopt delegated acts to amend the standard form.
- Modifies the data retention period for information in the public interface to 10 years, with a 36-month retention for the service provider's reserved area.
- Information submitted via the public interface shall be made available in IMI to the competent authorities of the host Member State and the Member State of establishment.
- Information in submitted posting declarations in the public interface shall be made available to the European Labour Authority (ELA) for specific tasks.
Expected impact
- The regulation aims to streamline and simplify administrative requirements for posting declarations, reducing administrative burdens for service providers and national competent authorities.
- Diverging national declaration systems create a considerable administrative burden for service providers, particularly SMEs, and hinder the free movement of services and workers.
- The public interface aims to facilitate better and more uniform application and enforcement of Directive 96/71/EC and Directive 2014/67/EU.
Limitations
- The document is a legislative proposal and does not contain information on the actual implementation or effects of the proposed regulation.
- Specific details regarding the technical implementation of the public interface, beyond its functionalities, are not provided.
- The document does not contain information on the budget allocated for the development and maintenance of the public interface.
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