Directive 2014/67 - 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’ )

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This directive has been published on May 28, 2014, entered into force on June 17, 2014 and should have been implemented in national regulation on June 18, 2016 at the latest.

2.

Key information

official title

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
 
Legal instrument Directive
Number legal act Directive 2014/67
Original proposal COM(2012)131 EN
CELEX number251 32014L0067

3.

Key dates

Document 15-05-2014
Publication in Official Journal 28-05-2014; OJ L 159 p. 11-31
Effect 17-06-2014; Entry into force Date pub. +20 See Art 25
Deadline 18-06-2019; Review
End of validity 31-12-9999
Transposition 18-06-2016; At the latest See Art 23

4.

Legislative text

28.5.2014   

EN

Official Journal of the European Union

L 159/11
 

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)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 53(1) and Article 62 thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

 

(1)

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 implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workers.
 

(2)

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. It is necessary for the purpose of the posting of workers to distinguish this freedom from the free movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other conditions of work and employment in comparison to nationals of that Member State.
 

(3)

With respect to workers temporarily posted to carry out work in order to provide services in another Member State than the one in which they habitually carry out their work, Directive 96/71/EC of the European Parliament and of the Council (4) 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.
 

(4)

All measures introduced by this Directive should be justified and proportionate so as not to create administrative burdens or to limit the potential that undertakings, in particular small and medium-sized enterprises (SMEs), have to create new jobs, while protecting posted workers.
 

(5)

In order to ensure compliance with Directive 96/71/EC, whilst not putting an unnecessary administrative burden on the service providers, it is essential that the factual elements referred to in the provisions on the identification of a genuine posting and preventing abuse and circumvention in this Directive are considered to be indicative and non-exhaustive. In particular, there should be no requirement that each element is to be satisfied in every posting case.
 

(6)

Notwithstanding the fact that the assessment of the indicative factual elements should be adapted to each specific case and take account of the specificities of the situation, situations representing the same factual elements should not lead to a different legal appreciation or assessment by competent authorities in different Member States.
 

(7)

In order to prevent, avoid and combat abuse and circumvention of the applicable rules by undertakings taking improper or fraudulent advantage of the freedom to provide services enshrined in the TFEU...


More

This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

For further information you may want to consult the following sources that have been used to compile this dossier:

This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.

 

7.

Full version

This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand, the related cases of the European Court of Justice and finally consultations relevant to the dossier at hand.

The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.

8.

EU Monitor

The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.

  • 1. 
    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 1997 L 18.

     
  • 2. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 3. 
    Article 1(1) and (3)(a) to (c). .

     
  • 4. 
    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 1997 L 18.

     
  • 5. 
    See for further details: Study
     
  • 6. 
    A new strategy for the single market
     
  • 7. 
    A new strategy for the single market
     
  • 8. 
    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 1997 L 18.

     
  • 9. 
    Council Doc. 10048/96 ADD1 of 20 September 1996.

     
  • 10. 
    Report from the Commission services on the implementation of 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, 2003. Available at: www.ec.europa.eu/social/posted-workers.

     
  • 11. 
    Communication from the Commission
     
  • 12. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 13. 
    See for further details: Study
     
  • 14. 
    CJEU cases of 11 December 2007, Viking (C-438/05), 18 December 2007, Laval (C-341/05), 3 April 2008, Rüffert (C-346/06), 19 June 2008, Commission v Luxembourg (C-319/06).

     
  • 15. 
    A new strategy for the single market
     
  • 16. 
    Commission Recommendation of 3 April 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services, OJ C 85, 4.4.2008, pp.
     
  • 17. 
    Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers (2009/17/EC), OJ L 8/26, 13.1.2009.

     
  • 18. 
    European Commission (2011),
     
  • 19. 
    Cf. IA, p.
     
  • 20. 
    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 1997 L 18.

     
  • 21. 
    Resolution of 22 October 2008 on challenges to collective agreements in the EU (2008/2085(INI)), points 25 and 30.

     
  • 22. 
    The text was presented during the Oviedo conference in March 2010, organised by the Spanish Presidency. The debates once again showed divided opinions among stakeholders.

     
  • 23. 
    COM(2011) 206 final.

     
  • 24. 
    On a Single Market for Enterprises and Growth
     
  • 25. 
    Opinion Ms Federspiel, Mr Siecker and Mr Voles, INT 548, 15 March 2011.

     
  • 26. 
    See for more information, keynote speeches and related documents: -->
     
  • 27. 
    Single Market Forum, Krakow, 3-4 October 2011, in particular the fifth paragraph of the Declaration and point 5 of the Operational Conclusions.

     
  • 28. 
    Multiple Framework Contract VT 2008/87, Preparatory study for an Impact Assessment concerning the possible revision of the legislative framework on the posting of workers in the context of services, (VT/2010/126).

     
  • 29. 
    Idea Consult and Ecorys Netherlands, Study on the economic and social effects associated with the phenomenon of posting of workers in the European Union, Brussels, 2011. Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 30. 
    Aukje van Hoek and Mijke Houwerzijl, Study on the legal aspects of the posting of workers in the framework of the provision of services in the European Union, 2011. Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 31. 
    .Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 32. 
    Ongoing
     
  • 33. 
    COM(2010) 573 final, p. 6-7

     
  • 34. 
    COM(2010) 573 final

     
  • 35. 
    COM(2012) 130 final

     
  • 36. 
    COM(2010) 2020 final, 3.3.2010.

     
  • 37. 
    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 1997 L 18.

     
  • 38. 
    Article 1(1) and (3)(a) to (c). .

     
  • 39. 
    Regulation No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among Member States, OJ L337/8, 12.12.98.

     
  • 40. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 41. 
    Directive 2006/123, OJ L 376/36, 27.12.2006; cf. recital 22 of Directive 96/71/EC.

     
  • 42. 
    COM(2010) 748 final, 14.12.2010, Article 85.

     
  • 43. 
    Article 1(3), last sentence, Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011on the prevention and correction of macroeconomic imbalances, OJ L 306/25, 23.11.2011.

     
  • 44. 
    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 1997 L 18.

     
  • 45. 
    To be read in combination with Articles 1(1) and 1(3) of the Directive.

     
  • 46. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 47. 
    The definition of a worker is that which applies in the law of the Member State to whose territory the worker is posted.

     
  • 48. 
    See for further details chapters 2.2, 3.2 and 5.2 of the (complementary) study on the legal aspects of the posting of workers in the framework of the provision of services.
     
  • 49. 
    See for further details in particular chapter 3.5 'cases in the media and in court of the legal study and chapter 3.4 of the complementary legal
     
  • 50. 
    According to the case law of the ECJ, the temporary nature of the activity of the person providing the service in the host Member State has to be determined in the light not only of the duration of the provision of the service but also of its regularity, periodical nature or continuity. No provision of the Treaty affords a means of determining, in an abstract manner, the duration or frequency beyond which the supply of a service or a certain type of service in another Member State can no longer be regarded as the provision of services within the meaning of the Treaty (judgment of 11.12.2003, case C-215/01, Schnitzer, rec. 28 and 31. cf. judgment of 30.11.1995, C-55/94, Gebhard). However, an activity carried out on a permanent basis, or at least without a foreseeable limit to its duration, does not come under the EU provisions concerning the provision of services (judgment of 7.9.2004, case C-456/02, Trojani, rec. 28).

     
  • 51. 
    Cf. COM(2007) 304, p. 9. See for further details: Study
     
  • 52. 
    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 1997 L 18.

     
  • 53. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 54. 
    Communication
     
  • 55. 
    See, in this context, the Rush Portuguesa judgment, cited above, paragraph 17, as well as the judgments of 21.10.2004, Commission v Luxembourg, case C-445/03, paragraph 40, and 19.1.2006, Commission v Germany, C-224/04, paragraph 36.

     
  • 56. 
    Judgment of 25 October 2001, joined cases C-49/98, 50/98, 52/98, 54/98, 68/98 and 71/98 (Finalarte Sociedade de Construção Civil Lda v Urlaubs- und Lohnausgleichskasse der Bauwirtschaft and Others), paragraphs 69-74.

     
  • 57. 
    Judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 61 and 79, of 18.7.2007, C-490/04, Commission v Germany, paragraph 78; cf. conclusions AG Ruiz-Jarabo Colomer, case C-490/04, paragraphs 81-88, conclusions AG Trstenjak, case C-319/06, Commission v Luxembourg, paragraph 86, conclusions AG Cruz Villalón, case C-515/08, Santos Palhota e.a. paragraph 92.

     
  • 58. 
    Such as the retention of documents in the host Member State after the employer has ceased to employ workers, cf. judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 79.

     
  • 59. 
    Cf. COM(2007) 304, p. 7, first paragraph, last sentence.

     
  • 60. 
    Moreover, the mandate of the Expert Committee on Posting of Workers will be adapted in order to establish clearly its role in examining the feasibility of developing more uniform, standardised templates for the social documents accepted by the Court as being compatible with EU law (such as time sheets, payslips, etc.).

     
  • 61. 
    Cf. COM(2007) 304, p. 6-8 and 11.

     
  • 62. 
    Judgment of 7.10.2011, case C-515/08, dos Santos Palhota, par. 54 and 52 and of 1.10.2009, C-219/08, Commission v Belgium, par. 16 and the case law referred to.

     
  • 63. 
    Judgment of 18.7.2007, case C-490/04, Commission v Germany, paragraphs
     
  • 64. 
    Acknowledging that on-site supervision would be extremely difficult, even impossible, in practice, if those documents could be presented in the language of the Member State where the undertaking is established (par. 71). However, the Court equally indicated that of particular importance for its conclusion in this respect was the fact that the translation requirement concerned only four documents that were not excessively long and for which standard forms were generally used (par. 76).

     
  • 65. 
    An important element in the
     
  • 66. 
    Cf. for a similar requirement to keep certain documents on site or in an accessible and clearly identified place, judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 64-66, judgment of 25 October 2001, joined cases C-49/98, 50/98, 52/98, 54/98, 68/98 and 71/98 (Finalarte Sociedade de Construção Civil Lda v Urlaubs- und Lohnausgleichskasse der Bauwirtschaft and Others), paragraph 74.

     
  • 67. 
    Judgment of 7.10.2010, case C-515/08, dos Santos Palhota, paragraphs 55-58 and 42.

     
  • 68. 
    See for further details IA Study, pp.
     
  • 69. 
    Labour Inspection Convention 1947, ratified by the 27 Member States.

     
  • 70. 
    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 1997 L 18.

     
  • 71. 
    See for instance E-6753/2011 and E-5137/09.

     
  • 72. 
    See for instance Resolution A6-0065/2009 of 26.3.2009 on the basis of the own-initiative Lehtinen report as well as point 9 of the recently adopted report on the mid-term review of the European strategy 2007-2012 on health and safety at work (2011/2147(INI).

     
  • 73. 
    Cf.: Communication on the outcome of the public consultation on the
     
  • 74. 
    See for further details: Study
     
  • 75. 
    Cf. study
     
  • 76. 
    Study on the protection of
     
  • 77. 
    Judgment of 25.10.2001, case C-49/98.

     
  • 78. 
    Judgment of 12.10.2004, case C-60/03.

     
  • 79. 
    Judgment of 9.11.2006, case C-433/04, Commission v Belgium.

     
  • 80. 
    Reclaiming health and safety for all: an independent review of health and safety legislation, Professor Ragnar E Löfstedt, nov. 2011, preface.

     
  • 81. 
    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 1997 L 18.

     
  • 82. 
    Communication
     
  • 83. 
    See for further details the CIBELES project:

     
  • 84. 
    OJ L 76, 22.3.2005, p. 16.

     
  • 85. 
    Including administrative fines, provided the decisions concerned can be appealed to a penal court.

     
  • 86. 
    Council Regulation (EC) 44/2001 of 22.12.2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 12, 16.1.2001. Cf. Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21.4.2004 creating a European Enforcement Order for uncontested claims, OJ L 143, 30.4.2004.

     
  • 87. 
    Regulation 978/2009 of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 284, 30.10.2009, in particular Articles
     
  • 88. 
    Directive 2010/24 of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures, OJ L 84, 31.3.2010.

     
  • 89. 
    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 1997 L 18.

     
  • 90. 
    OJ C , , p. .

     
  • 91. 
    OJ C , , p. .

     
  • 92. 
    OJ L 18, 21.1.1997, p. 1.

     
  • 93. 
    OJ L 177, 4.7.2008, p. 6.

     
  • 94. 
    OJ L 166, 30.4.2004, p. 1.

     
  • 95. 
    OJ L 284, 30.10.2009, p. 1.

     
  • 96. 
    Article 152 of the Treaty on the Functioning of the European Union.

     
  • 97. 
    Cf. judgment 15.4.2008, case C-268/06, Impact, in particular points 123 and 129.

     
  • 98. 
    OJ L 8, 12.1.2001, p. 1.

     
  • 99. 
    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 1997 L 18.

     
  • 100. 
    Article 1(1) and (3)(a) to (c). .

     
  • 101. 
    A new strategy for the single market
     
  • 102. 
    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 1997 L 18.

     
  • 103. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 104. 
    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 1997 L 18.

     
  • 105. 
    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 1997 L 18.

     
  • 106. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 107. 
    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 1997 L 18.

     
  • 108. 
    Article 1(1) and (3)(a) to (c). .

     
  • 109. 
    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 1997 L 18.

     
  • 110. 
    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 1997 L 18.

     
  • 111. 
    Article 1(1) and (3)(a) to (c). .

     
  • 112. 
    OJ L18, 21.1.1997.

     
  • 113. 
    OJ reference

     
  • 114. 
    Article 1(1) and (3)(a) to (c). .

     
  • 115. 
    ABM: Activity-Based Management
     
  • 116. 
    As referred to in Article 49(6)(a) or (b) of the Financial Regulation.

     
  • 117. 
    Article 1(1) and (3)(a) to (c). .

     
  • 118. 
    Commission Recommendation of 3 April 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services, OJ C 85, 4.4.2008, p.
     
  • 119. 
    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: www.cc.cec/budg/man/budgmanag/budgmanag_en

     
  • 120. 
    As referred to in Article 185 of the Financial Regulation.

     
  • 121. 
    EFTA: European Free Trade Association.

     
  • 122. 
    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

     
  • 123. 
    The financial impact indicated under this budget line is covered by PROGRESS (2013) and the EU Programme for Social Change and Innovation (2014-2020, follow-up PROGRESS), COM(2011) 609 final.

     
  • 124. 
    The financial impact indicated under this budget line is covered by PROGRESS (2013) and the EU Programme for Social Change and Innovation (2014-2020, follow-up PROGRESS), COM(2011) 609 final.

     
  • 125. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 126. 
    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 1997 L 18.

     
  • 127. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 128. 
    Article 1(1) and (3)(a) to (c). .

     
  • 129. 
    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 1997 L 18.

     
  • 130. 
    See for further details: Study
     
  • 131. 
    A new strategy for the single market
     
  • 132. 
    A new strategy for the single market
     
  • 133. 
    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 1997 L 18.

     
  • 134. 
    Council Doc. 10048/96 ADD1 of 20 September 1996.

     
  • 135. 
    Report from the Commission services on the implementation of 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, 2003. Available at: www.ec.europa.eu/social/posted-workers.

     
  • 136. 
    Communication from the Commission
     
  • 137. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 138. 
    See for further details: Study
     
  • 139. 
    CJEU cases of 11 December 2007, Viking (C-438/05), 18 December 2007, Laval (C-341/05), 3 April 2008, Rüffert (C-346/06), 19 June 2008, Commission v Luxembourg (C-319/06).

     
  • 140. 
    A new strategy for the single market
     
  • 141. 
    Commission Recommendation of 3 April 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services, OJ C 85, 4.4.2008, pp.
     
  • 142. 
    Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers (2009/17/EC), OJ L 8/26, 13.1.2009.

     
  • 143. 
    European Commission (2011),
     
  • 144. 
    Cf. IA, p.
     
  • 145. 
    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 1997 L 18.

     
  • 146. 
    Resolution of 22 October 2008 on challenges to collective agreements in the EU (2008/2085(INI)), points 25 and 30.

     
  • 147. 
    The text was presented during the Oviedo conference in March 2010, organised by the Spanish Presidency. The debates once again showed divided opinions among stakeholders.

     
  • 148. 
    COM(2011) 206 final.

     
  • 149. 
    On a Single Market for Enterprises and Growth
     
  • 150. 
    Opinion Ms Federspiel, Mr Siecker and Mr Voles, INT 548, 15 March 2011.

     
  • 151. 
    See for more information, keynote speeches and related documents: -->
     
  • 152. 
    Single Market Forum, Krakow, 3-4 October 2011, in particular the fifth paragraph of the Declaration and point 5 of the Operational Conclusions.

     
  • 153. 
    Multiple Framework Contract VT 2008/87, Preparatory study for an Impact Assessment concerning the possible revision of the legislative framework on the posting of workers in the context of services, (VT/2010/126).

     
  • 154. 
    Idea Consult and Ecorys Netherlands, Study on the economic and social effects associated with the phenomenon of posting of workers in the European Union, Brussels, 2011. Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 155. 
    Aukje van Hoek and Mijke Houwerzijl, Study on the legal aspects of the posting of workers in the framework of the provision of services in the European Union, 2011. Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 156. 
    .Available on the website: www.ec.europa.eu/social/posted-workers.

     
  • 157. 
    Ongoing
     
  • 158. 
    COM(2010) 573 final, p. 6-7

     
  • 159. 
    COM(2010) 573 final

     
  • 160. 
    COM(2012) 130 final

     
  • 161. 
    COM(2010) 2020 final, 3.3.2010.

     
  • 162. 
    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 1997 L 18.

     
  • 163. 
    Article 1(1) and (3)(a) to (c). .

     
  • 164. 
    Regulation No 2679/98 of 7 December 1998 on the functioning of the internal market in relation to the free movement of goods among Member States, OJ L337/8, 12.12.98.

     
  • 165. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 166. 
    Directive 2006/123, OJ L 376/36, 27.12.2006; cf. recital 22 of Directive 96/71/EC.

     
  • 167. 
    COM(2010) 748 final, 14.12.2010, Article 85.

     
  • 168. 
    Article 1(3), last sentence, Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011on the prevention and correction of macroeconomic imbalances, OJ L 306/25, 23.11.2011.

     
  • 169. 
    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 1997 L 18.

     
  • 170. 
    To be read in combination with Articles 1(1) and 1(3) of the Directive.

     
  • 171. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 172. 
    The definition of a worker is that which applies in the law of the Member State to whose territory the worker is posted.

     
  • 173. 
    See for further details chapters 2.2, 3.2 and 5.2 of the (complementary) study on the legal aspects of the posting of workers in the framework of the provision of services.
     
  • 174. 
    See for further details in particular chapter 3.5 'cases in the media and in court of the legal study and chapter 3.4 of the complementary legal
     
  • 175. 
    According to the case law of the ECJ, the temporary nature of the activity of the person providing the service in the host Member State has to be determined in the light not only of the duration of the provision of the service but also of its regularity, periodical nature or continuity. No provision of the Treaty affords a means of determining, in an abstract manner, the duration or frequency beyond which the supply of a service or a certain type of service in another Member State can no longer be regarded as the provision of services within the meaning of the Treaty (judgment of 11.12.2003, case C-215/01, Schnitzer, rec. 28 and 31. cf. judgment of 30.11.1995, C-55/94, Gebhard). However, an activity carried out on a permanent basis, or at least without a foreseeable limit to its duration, does not come under the EU provisions concerning the provision of services (judgment of 7.9.2004, case C-456/02, Trojani, rec. 28).

     
  • 176. 
    Cf. COM(2007) 304, p. 9. See for further details: Study
     
  • 177. 
    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 1997 L 18.

     
  • 178. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 179. 
    Communication
     
  • 180. 
    See, in this context, the Rush Portuguesa judgment, cited above, paragraph 17, as well as the judgments of 21.10.2004, Commission v Luxembourg, case C-445/03, paragraph 40, and 19.1.2006, Commission v Germany, C-224/04, paragraph 36.

     
  • 181. 
    Judgment of 25 October 2001, joined cases C-49/98, 50/98, 52/98, 54/98, 68/98 and 71/98 (Finalarte Sociedade de Construção Civil Lda v Urlaubs- und Lohnausgleichskasse der Bauwirtschaft and Others), paragraphs 69-74.

     
  • 182. 
    Judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 61 and 79, of 18.7.2007, C-490/04, Commission v Germany, paragraph 78; cf. conclusions AG Ruiz-Jarabo Colomer, case C-490/04, paragraphs 81-88, conclusions AG Trstenjak, case C-319/06, Commission v Luxembourg, paragraph 86, conclusions AG Cruz Villalón, case C-515/08, Santos Palhota e.a. paragraph 92.

     
  • 183. 
    Such as the retention of documents in the host Member State after the employer has ceased to employ workers, cf. judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 79.

     
  • 184. 
    Cf. COM(2007) 304, p. 7, first paragraph, last sentence.

     
  • 185. 
    Moreover, the mandate of the Expert Committee on Posting of Workers will be adapted in order to establish clearly its role in examining the feasibility of developing more uniform, standardised templates for the social documents accepted by the Court as being compatible with EU law (such as time sheets, payslips, etc.).

     
  • 186. 
    Cf. COM(2007) 304, p. 6-8 and 11.

     
  • 187. 
    Judgment of 7.10.2011, case C-515/08, dos Santos Palhota, par. 54 and 52 and of 1.10.2009, C-219/08, Commission v Belgium, par. 16 and the case law referred to.

     
  • 188. 
    Judgment of 18.7.2007, case C-490/04, Commission v Germany, paragraphs
     
  • 189. 
    Acknowledging that on-site supervision would be extremely difficult, even impossible, in practice, if those documents could be presented in the language of the Member State where the undertaking is established (par. 71). However, the Court equally indicated that of particular importance for its conclusion in this respect was the fact that the translation requirement concerned only four documents that were not excessively long and for which standard forms were generally used (par. 76).

     
  • 190. 
    An important element in the
     
  • 191. 
    Cf. for a similar requirement to keep certain documents on site or in an accessible and clearly identified place, judgment of 23.11.1999, joined cases C-369/96 and C-376/96, Arblade and others, paragraph 64-66, judgment of 25 October 2001, joined cases C-49/98, 50/98, 52/98, 54/98, 68/98 and 71/98 (Finalarte Sociedade de Construção Civil Lda v Urlaubs- und Lohnausgleichskasse der Bauwirtschaft and Others), paragraph 74.

     
  • 192. 
    Judgment of 7.10.2010, case C-515/08, dos Santos Palhota, paragraphs 55-58 and 42.

     
  • 193. 
    See for further details IA Study, pp.
     
  • 194. 
    Labour Inspection Convention 1947, ratified by the 27 Member States.

     
  • 195. 
    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 1997 L 18.

     
  • 196. 
    See for instance E-6753/2011 and E-5137/09.

     
  • 197. 
    See for instance Resolution A6-0065/2009 of 26.3.2009 on the basis of the own-initiative Lehtinen report as well as point 9 of the recently adopted report on the mid-term review of the European strategy 2007-2012 on health and safety at work (2011/2147(INI).

     
  • 198. 
    Cf.: Communication on the outcome of the public consultation on the
     
  • 199. 
    See for further details: Study
     
  • 200. 
    Cf. study
     
  • 201. 
    Study on the protection of
     
  • 202. 
    Judgment of 25.10.2001, case C-49/98.

     
  • 203. 
    Judgment of 12.10.2004, case C-60/03.

     
  • 204. 
    Judgment of 9.11.2006, case C-433/04, Commission v Belgium.

     
  • 205. 
    Reclaiming health and safety for all: an independent review of health and safety legislation, Professor Ragnar E Löfstedt, nov. 2011, preface.

     
  • 206. 
    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 1997 L 18.

     
  • 207. 
    Communication
     
  • 208. 
    See for further details the CIBELES project:

     
  • 209. 
    OJ L 76, 22.3.2005, p. 16.

     
  • 210. 
    Including administrative fines, provided the decisions concerned can be appealed to a penal court.

     
  • 211. 
    Council Regulation (EC) 44/2001 of 22.12.2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, OJ L 12, 16.1.2001. Cf. Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21.4.2004 creating a European Enforcement Order for uncontested claims, OJ L 143, 30.4.2004.

     
  • 212. 
    Regulation 978/2009 of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, OJ L 284, 30.10.2009, in particular Articles
     
  • 213. 
    Directive 2010/24 of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures, OJ L 84, 31.3.2010.

     
  • 214. 
    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 1997 L 18.

     
  • 215. 
    OJ C , , p. .

     
  • 216. 
    OJ C , , p. .

     
  • 217. 
    OJ L 18, 21.1.1997, p. 1.

     
  • 218. 
    OJ L 177, 4.7.2008, p. 6.

     
  • 219. 
    OJ L 166, 30.4.2004, p. 1.

     
  • 220. 
    OJ L 284, 30.10.2009, p. 1.

     
  • 221. 
    Article 152 of the Treaty on the Functioning of the European Union.

     
  • 222. 
    Cf. judgment 15.4.2008, case C-268/06, Impact, in particular points 123 and 129.

     
  • 223. 
    OJ L 8, 12.1.2001, p. 1.

     
  • 224. 
    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 1997 L 18.

     
  • 225. 
    Article 1(1) and (3)(a) to (c). .

     
  • 226. 
    A new strategy for the single market
     
  • 227. 
    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 1997 L 18.

     
  • 228. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 229. 
    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 1997 L 18.

     
  • 230. 
    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 1997 L 18.

     
  • 231. 
    Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions
     
  • 232. 
    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 1997 L 18.

     
  • 233. 
    Article 1(1) and (3)(a) to (c). .

     
  • 234. 
    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 1997 L 18.

     
  • 235. 
    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 1997 L 18.

     
  • 236. 
    Article 1(1) and (3)(a) to (c). .

     
  • 237. 
    OJ L18, 21.1.1997.

     
  • 238. 
    OJ reference

     
  • 239. 
    Article 1(1) and (3)(a) to (c). .

     
  • 240. 
    ABM: Activity-Based Management
     
  • 241. 
    As referred to in Article 49(6)(a) or (b) of the Financial Regulation.

     
  • 242. 
    Article 1(1) and (3)(a) to (c). .

     
  • 243. 
    Commission Recommendation of 3 April 2008 on enhanced administrative cooperation in the context of the posting of workers in the framework of the provision of services, OJ C 85, 4.4.2008, p.
     
  • 244. 
    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: www.cc.cec/budg/man/budgmanag/budgmanag_en

     
  • 245. 
    As referred to in Article 185 of the Financial Regulation.

     
  • 246. 
    EFTA: European Free Trade Association.

     
  • 247. 
    Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

     
  • 248. 
    The financial impact indicated under this budget line is covered by PROGRESS (2013) and the EU Programme for Social Change and Innovation (2014-2020, follow-up PROGRESS), COM(2011) 609 final.

     
  • 249. 
    The financial impact indicated under this budget line is covered by PROGRESS (2013) and the EU Programme for Social Change and Innovation (2014-2020, follow-up PROGRESS), COM(2011) 609 final.

     
  • 250. 
    See points 19 and 24 of the Interinstitutional Agreement.

     
  • 251. 
    Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
     
  • 252. 
    EUR-lex provides an overview of the proposal, amendments, citations and legality.