Request for nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers

Ref. Ares(2023)4874623 Ares(2023)4042962 - 13/07/2023 12/06/2023 EUROPEAN COMMISSION Directorate-General forEmployment, Social Directorate-General for Internal Market, Industry, Affairs & Inclusion Entrepreneurship & SMEs Directorate Labour Mobility and International Directorate Networks and Governance Affairs INFORMAL COMMISSION EXPERT GROUP ON A COMMON ELECTRONIC FORM FOR THE DECLARATION OF POSTING OF WORKERS TERMS OF REFERENCE 1. BACKGROUND The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. Directive 2006/123/EC1 on services in the internal market establishes general provisions facilitating the free movement of services. Directive 96/71/EC2 concerning the posting of workers in the framework of the provision of services establishes a core set of clearly defined terms and conditions of employment which are required to be complied with by the service provider in the Member State to which the posting takes place to ensure the minimum protection of the posted workers concerned and to guarantee a level playing field for the service providers. In order to ensure compliance with Directive 96/71/EC, whilst not putting an unnecessary administrative burden on the service providers, Directive 2014/67/EU3 on the enforcement of Directive 96/71/EC establishes a common framework of a set of appropriate provisions, measures and control mechanisms. According to Article 9 (1) Directive 2014/67/EU Member States may impose administrative requirements and control measures necessary in order to ensure effective monitoring of compliance with the obligations set out in the Enforcement Directive and in Directive 96/71/EC, provided that these are justified and proportionate in accordance with Union law. Article 9(1)(a) 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 1 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36–68). 2 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1). 3 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance (OJ L 159, 28.5.2014, p. 11). 1 competent authorities at the latest at the commencement of the service provision containing the relevant information necessary in order to allow factual controls at the workplace. In that respect Article 9 (1) (a) Directive 2014/67/EU lists a number of possible information requirements. In the implementation report4 of Directive 2014/67/EU the Commission concluded that there are some areas that have been brought to the attention of the Commission by different stakeholders and where improvements could be necessary. These include the simplification of the administrative control systems by, for example, introducing a single EU-wide declaration system or a common template for websites. In the update to the 2020 New Industrial Strategy5, the Commission announced that it will work with Member States to devise a common form, in an electronic format, for the declaration of the posting of workers. This work shall not compromise the legal framework for the posting of workers and the workers’ protection it ensures. Participation shall be voluntary. In 2022, the Commission carried out a wide consultation with stakeholders, including Member States’ authorities, service providers, and social partners and informed Member States about the outcome of that consultation. In its March 2023 Communication entitled ‘The single market at 30’6, the Commission furthermore called on Member States to work towards finalising the work on the common electronic form by end of 2023. In this context, the Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship & SMEs (‘DG GROW’) and the Directorate-General for Employment, Social Affairs and Inclusion (‘DG EMPL’) have decided to set up an informal expert group on a common electronic form for the declaration of posting of workers, in compliance with the Commission’s horizontal rules on expert groups (‘the horizontal rules’)7. In this group interested Member States shall advice the Commission on the joint development and implementation of a common electronic form for the declaration of posting of workers, in line with Union law in force. 2. SUBJECT MATTER The group of experts on a common electronic form for the declaration of posting of workers (‘the group’) is set up. 3. TASK The group’s task shall be to advice DG EMPL and DG GROW on the joint development and implementation of a common electronic form for the declaration of posting of workers. 4. MEMBERSHIP 1. Members shall be Member States' authorities competent in the area of posting of workers and respective technical solutions for making and submitting the posting declaration. 4 COM(2019) 426 final. 5 COM(2021) 350 final. 6 COM(2023) 162 final. 7 Commission Decision C(2016) 3301. 2  2. Member States' authorities shall nominate their permanent representatives and shall be responsible for ensuring that their representatives provide a high level of expertise. 3. Member States' authorities shall also appoint alternate representatives who will automatically replace permanent representatives who are absent or indisposed. 5. CHAIR The group shall be jointly chaired by a representative of DG EMPL and a representative of DG GROW (’the Chair’). 6. OPERATION 1. The group shall act at the request of the Chair, in compliance with the horizontal rules8. 2. Meetings of the group shall, in principle, be held on Commission premises or virtually, depending on the circumstances. 3. DG GROW and DG EMPL shall provide secretarial services. Commission officials from other departments with an interest in the proceedings may attend meetings of the group and any sub-groups. 4. In agreement with the Chair, the group may, by simple majority of its members, decide that deliberations shall be public. 5. Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair. 6. The group shall adopt its opinions, recommendations or reports by consensus. 7. As a general rule, working documents will be drafted and meetings held in English. 7. SUB-GROUPS DG GROW and DG EMPL may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference defined by the two Commission departments. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled. 8. INVITED EXPERTS The Chair may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or its sub-groups on an ad hoc basis. In particular, the Chair may invite stakeholders, including social partners, to attend meetings in order to receive input as regards the stakeholders’ view on the envisaged solutions on an ad hoc basis only. 8 C(2016) 3301, Article 13.1. 3 9. OBSERVERS 1. The European Labour Authority (‘ELA’) shall be granted an observer status. 2. Organisations and public entities other than Member States’ authorities may be granted an observer status, in compliance with the horizontal rules, by direct invitation. 3. Observers shall nominate their representatives. 4. Observers’ representatives may be permitted by the Chair to take part in the discussions of the group and its sub-groups, and provide expertise. However, they shall not participate in the formulation of recommendations or advice of the group or any sub-groups. 10. RULES OF PROCEDURE On a proposal by and in agreement with DG EMPL and DG GROW the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules9. Sub-groups shall operate in compliance with the group’s rules of procedure. 11. PROFESSIONAL SECRECY AND HANDLING OF CLASSIFIED INFORMATION The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy, which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission's rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/44310 and 2015/44411. Should they fail to respect these obligations, the Commission may take all appropriate measures. 12. TRANSPARENCY 1. The group and sub-groups shall be registered in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’). 2. As regards the group and sub-group composition, the following data shall be published on the Register of expert groups: (a) the name of Member States' authorities; (b) the name of the observers. 3. All relevant documents, including the agendas, the minutes and participants’ submissions, shall be made available on the Register of expert groups. In particular, DG GROW and DG EMPL shall publish the agenda and other relevant background documents in due time ahead of the meeting, followed by timely publication of 9 See Article 17 of the horizontal rules. 10 Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41). 11 Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53). 4  minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) N° 1049/200112. 13. MEETING EXPENSES 1. Participants in the activities of the group and sub-groups shall not be remunerated for the services they offer. 2. Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources. Done in Brussels, on [date]. 12 These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution's decision- making process. 5 Ref. Ares(2023)4874623 - 13/07/2023 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, EMPLOYMENT, SOCIAL AFFAIRS AND ENTREPRENEURSHIP AND SMES INCLUSION Networks and Governance Labour Mobility and International Affairs The Director The Director Brussels, 13 July 2023 grow.d.1(2023)7348231 NOTE FOR THE ATTENTION OF THE PERMANENT REPRESENTATIVES Subject: Request for nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers In the update to the 2020 New Industrial Strategy, the Commission announced that it will work with Member States to devise a common form, in an electronic format, for the declaration of the posting of workers. This work shall not compromise the legal framework for the posting of workers and the workers’ protection it ensures. Participation shall be voluntary. In 2022, the Commission carried out a wide consultation with stakeholders, including Member States’ authorities, service providers, and social partners and informed Member States about the outcome of that consultation. In its March 2023 Communication entitled ‘The single market at 30’, the Commission furthermore called on Member States to work towards finalising the work on the common electronic form by end of 2023. The Commission and Member States that expressed interest to participate in the development of the common electronic form have so far discussed the project on an ad- hoc basis. In view of the development of the project, and in order to bring more clarity to the work of the group and to ensure the appropriate level of transparency, the Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship & SMEs (‘DG GROW’) and the Directorate-General for Employment, Social Affairs and Inclusion (‘DG EMPL’) have decided to set up an informal expert group on a common electronic form for the declaration of posting of workers, in compliance with the Commission’s horizontal rules on expert groups (C(2016) 3301 final). In this group interested Member States shall advice the Commission on the joint development and implementation of a common electronic form for the declaration of posting of workers, in line with Union law in force. The participation in the group does not entail an obligation to implement the common electronic form. The Terms of Reference of the group are in the Annex I of this note. We now invite interested Member States to nominate two representatives per Member State for the expert group. The representatives must ensure a high level of expertise and should have on the one hand experience in the implementation and application of posting of workers rules, on the other hand experience and knowledge in internal market matters, Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111 Office: N105 04/099 – Tel. direct line +32 229-63063 [email protected]  in particular free movement of services. Each interested Member State should therefore ideally nominate one expert from the national ministry for labour and social affairs, and one expert from the national ministry of economy. The names of the experts, the organisation represented and the email address should be officially communicated to grow- [email protected] and [email protected] by 31 August 2023. Please note that the Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (repealing Regulation (EC) No 45/2001). The personal data collected will not be shared with third parties without express consent. Further information can be found in the privacy statement in Annex II of this note. (e-signed) (e-signed) Jakub BORATYNSKI Jordi CURELL GOTOR Director Director GROW.D EMPL.E Enclosure: Annex I: Terms of Reference Annex II: Privacy statement 2 Electronically signed on 12/07/2023 17:04 (UTC+02) in accordance with Article 11 of Commission Decision (EU) 2021/2121 Ref. Ares(2023)4874623 Ares(2023)4042962 - 13/07/2023 12/06/2023 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP AND SMES Networks & Governance D.1 – Skills, Services, Professions PRIVACY STATEMENT FOR THE MEETINGS OF THE INFORMAL EXPERT GROUP ON A COMMON ELECTRONIC FORM FOR THE DECLARATION OF POSTING OF WORKERS PROTECTION OF YOUR PERSONAL DATA This specific privacy statement provides information about the processing and the protection of your personal data. Processing operation: Processing of personal data linked to the meeting on a common electronic form for the declaration of posting of workers Data Controller: European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, Unit D.1 – Skills, Services, Professions (hereinafter “DG GROW Unit D.1”) Record reference: DPR-EC-01063 Table of Contents 1. Introduction 2. Why and how do we process your personal data? 3. On what legal ground(s) do we process your personal data? 4. Which personal data do we collect and further process? 5. How long do we keep your personal data? 6. How do we protect and safeguard your personal data? 7. Who has access to your personal data and to whom is it disclosed? 8. Cookies 9. What are your rights and how can you exercise them? 10. Contact information 11. Where to find more detailed information? 1. Introduction The European Commission is committed to protect your personal data and to respect your privacy. The Commission collects and further processes personal data pursuant to Regulation (EU) 2018/1725 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data. Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111 Office: N105 04/099 – Tel. direct line +32 229-63063 [email protected] This privacy statement explains the reason for the processing of your personal data in the context of a meeting or event organised by the European Commission. It explains the way we collect, handle and ensure protection of all personal data provided, how that information is used and what rights you have in relation to your personal data. It also specifies the contact details of the responsible Data Controller with whom you may exercise your rights, the Data Protection Officer and the European Data Protection Supervisor. The information in relation to the processing of personal data linked to the meeting on a common electronic form for the declaration of posting of workers, organised by DG GROW Unit D.1 of the European Commission, is presented below. 2. Why and how do we process your personal data? Purpose of the processing operation: the European Commission collects and further processes your personal data to provide you with information about the specific meeting (before, during and after) and to process your registration and participation in that meeting. Your personal data will not be used for any automated decision-making including profiling. 3. On what legal ground(s) do we process your personal data? The processing operations on personal data, linked to the organisation, management, follow-up and promotion of the meeting or event (including web-streaming, photos, audio-visual recording) are necessary for the management and functioning of the Commission, as mandated by the Treaties. Those provisions are in particular, Article 11 of the Treaty on European Union and Article 15 of the Treaty on the Functioning of the European Union. Consequently, those processing operations are lawful under Article 5(1)(a) of Regulation (EU) 2018/1725 (processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Union institution or body). Your consent is required for the following actions during the meeting or event (if applicable):  the processing of your personal data relating to your dietary and/or access requirements;  the sharing of the participants list containing your name and affiliation with other participants for the purpose of future collaboration;  the sharing of the attendee list containing your name and affiliation among participants, in order to create working groups to continue the collaborate work launched during the meeting or event;  the processing of your personal data for inviting you to future events the data controller may organise; If you opt-in, you are giving us your explicit consent under Article 5(1)(d) of Regulation (EU) 2018/1725 to process your personal data for those specific purposes. You can give your consent by informing the controller for the meeting in question. You can withdraw your consent for these purposes at any time by contacting the controller for the meeting in question. 2 4. Which personal data do we collect and further process?  The following personal data may be processed in the context of the meeting or event:  contact details (function/title, first name, last name, name of organisation, city, country, e-mail address, telephone number);  nationality, passport or identity card number and its date of issue and expiry date may be collected, so that the data subjects may obtain access to the premises where the meeting or event is held;  financial information (such as a payment card number or bank account) may be collected for the payment of fees of the meeting or event or for possible reimbursements;  signature and audio-visual recording of the meeting, for establishing the attendance list and the minutes.  dietary requests (if any) or specific access requirements. 5. How long do we keep your personal data? The Data Controller only keeps your personal data for the time necessary to fulfil the purpose of collection or further processing. For each of the categories of personal data that may be processed, please find below the retention details and the reference to the relevant record of processing:  Personal data related to the organisation and management of the meeting or event (this includes the information given during the registration, before, during or after the event) will be kept for five years after the meeting or event.  Sensitive personal data relating to dietary and/or access requirements will be deleted as soon as they are no longer necessary for the purpose for which they have been collected in the framework of the meeting or event, but no later than within 1 month after the end of the meeting or event.  Recordings from the web-streamed meeting or event will be kept for 2 years before being deleted. More information is available in the Record of Processing DPR-EC-00306 (Web-streaming of Commission events).  Audio-visual recordings will be kept for 3 months after the meeting or event before being deleted. More information is available in the Record of Processing DPR-EC-01937 (Audio-visual recording of meetings).  Personal data shared with the Directorate-General for Human Resources and Security of the European Commission for the participants to gain access to Commission buildings is kept for 6 months after the termination of the link between the data subject and the Commission. More information is available in the Record of Processing DPR-EC-00655 (Commission Physical Access Control System (PACS)).  Personal data shared with the controller for future mailing purposes (e.g., for receiving newsletters or invitations to similar events) are processed in line with the Record of Processing DPR-EC-03928 (Management of subscriptions to receive information) and the specific privacy statement prepared by the organising Commission service.  Selected service providers for organisational purposes (such as caterers, travel agents or event management organisations) are contractually bound to process personal data on behalf of and in line with the instructions of the data controller, keep confidential any data they process and protect it from unauthorised access, use and retention. 3 6. How do we protect and safeguard your personal data? All personal data in electronic format (e-mails, documents, databases, uploaded batches of data, etc.) are stored on the servers of the European Commission. All processing operations are carried out pursuant to Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission. In order to protect your personal data, the Commission has put in place a number of technical and organisational measures. Technical measures include appropriate actions to address online security, risk of data loss, alteration of data or unauthorised access, taking into consideration the risk presented by the processing and the nature of the personal data being processed. Organisational measures include restricting access to the personal data solely to authorised persons with a legitimate need to know for the purposes of this processing operation. 7. Who has access to your personal data and to whom is it disclosed? Access to your personal data is provided to the Commission staff responsible for carrying out this processing operation and to other authorised Commission staff according to the “need to know” principle. Such staff abide by statutory, and when required, additional confidentiality agreements. 8. Cookies Cookies are short text files stored on a user’s device (such as a computer, tablet or phone) by a website. Cookies are used for the technical functioning of a website (functional cookies) or for gathering statistics (analytical cookies). Registration for the meeting takes place via a Commission website, the cookies employed by the Commission on the registrant’s device for that purpose will be covered by the cookie policy of the Commission, which is available here: https://ec.europa.eu/info/cookies_en. The collection, aggregation and anonymising operations are performed in the data centre of the European Commission under adequate security measures. Cookies are stored by Europa Analytics, the corporate service which measures the effectiveness and efficiency of the European Commission's websites on EUROPA. More information is available in the Record of Processing DPR-EC-00685 (Europa Analytics). 9. What are your rights and how can you exercise them? You have specific rights as a ‘data subject’ under Chapter III (Articles 14-25) of Regulation (EU) 2018/1725, in particular the right to access, your personal data and to rectify them in case your personal data are inaccurate or incomplete. Where applicable, you have the right to erase your personal data, to restrict the processing of your personal data, to object to the processing, and the right to data portability. You have the right to object to the processing of your personal data, which is lawfully carried out pursuant to Article 5(1)(a) of Regulation (EU) 2018/1725 on grounds relating to your particular situation. 4 If you have consented to provide your personal data to the data controller for the present processing operation, you can withdraw your consent at any time by notifying the data controller. The withdrawal of your consent will not affect the lawfulness of the processing carried out before you have withdrawn the consent. You can exercise your rights by contacting the Data Controller, or in case of conflict the Data Protection Officer. If necessary, you can also address the European Data Protection Supervisor. Their contact information is given under Heading 9 below. Where you wish to exercise your rights in the context of one or several specific processing operations, please provide their description (i.e. their Record reference(s) as specified under Heading 10 below) in your request. 10. Contact information - The Data Controller If you would like to exercise your rights under Regulation (EU) 2018/1725, or if you have comments, questions or concerns, or if you would like to submit a complaint regarding the collection and use of your personal data, please feel free to contact the Data Controller: European Commission, DG GROW Unit D.1 - [email protected]. - The Data Protection Officer (DPO) of the Commission You may contact the Data Protection Officer ([email protected]) with regard to issues related to the processing of your personal data under Regulation (EU) 2018/1725. - The European Data Protection Supervisor (EDPS) You have the right to have recourse (i.e. you can lodge a complaint) to the European Data Protection Supervisor ([email protected]) if you consider that your rights under Regulation (EU) 2018/1725 have been infringed as a result of the processing of your personal data by the data controller. 11. Where to find more detailed information?  The Commission Data Protection Officer (DPO) publishes the register of all processing operations on personal data by the European Commission, which have been documented and notified to him. You may access the register via the following link: http://ec.europa.eu/dpo- register. This specific processing operation has been included in the DPO’s public register with the following Record reference: DPR-EC-01063 5 Saatja: [email protected] <[email protected]> Saaja: [email protected] Teema: Request for nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers Dear Ambassadors, Please find attached a note signed by the Director of Networks and Governance of the DG for Internal market, Industry, Entrepreneurship and SMEs (GROW) and the Director for Labour Mobility and International Affairs of the DG for Employment, Social Affairs and Inclusion (EMPL) regarding the nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers. The names of the experts, the organisation represented and the email address should be officially communicated to [email protected]<mailto:[email protected]> and [email protected]<mailto:[email protected]> by 31 August 2023. Yours sincerely, [cid:[email protected]] European Commission DG GROW: Internal Market, Industry, Entrepreneurship and SMEs<https://commission.europa.eu/about-european-commission/departments-and-executive-agencies/internal-market-industry-entrepreneurship-and-smes_en> D.1: Services, Skills, Professions Saatja: Webdesktop <[email protected]> Saadetud: 14.07.2023 16:55 Adressaat: <"MKM info"> Koopia: <=?utf-8?Q?Thea_Treier_Br=C3=BCsselis?=>; <"Silver Tammik"> Teema: Webdesktop: Request for nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers Manused: 648.pdf; 648_lisa_1.pdf; 648_lisa_2.pdf; 648.msg Tere! Edastan Komisjoni kirja. Vastamise tähtaeg on 31.08.2023. Reg. number: 14-4/648 Reg. kuupäev: 14.07.2023 Sisu: Request for nomination of experts for the Commission expert group on a common electronic form for the declaration of posting of workers -- Heade soovidega Tiiu Noobel sekretär, EV alaline esindus EL juures +32 2227 4337