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COUNCIL OFBrussels, 8 March 2011 THE EUROPEAN UNION 7395/11 SOC 208 COMPET 83 NOTE from: The Council General Secretariat
to: Delegations
No. prev. doc.: 6196/1/11 REV 1 SOC 99 COMPET 34 + COR 1 (lv) Subject: Further development of an electronic exchange system facilitating the administrative cooperation in the framework of the posting of workers Directive
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-Council Conclusions Delegations will find attached the final version of the Council conclusions as adopted by EPSCO
on 7 March 2011. ___________________
The further development of an electronic exchange system facilitating administrative cooperation within the framework of the posting of workers Directive Council Conclusions THE COUNCIL RECALLING its Conclusions of 9 June 2008
[[note: 1]]
on enhanced administrative cooperation in the context of the posting of workers within the framework of the provision of services in which it, inter alia, called upon the Member States to examine, in close cooperation with the Commission, how information exchange should be reinforced in order to enhance the administrative cooperation necessary to improve the practical implementation of Directive 96/71/EC
[[note: 2]]; RECALLING that these Conclusions also called upon the Member States to assess the different options for providing suitable technical support the information exchange, including an electronic information exchange system, while taking account of cost-effectiveness, the objectives concerning the reduction of administrative burdens, links with other existing systems or initiatives and personal data protection requirements, and, based on this assessment, to decide on a specific application;
REAFFIRMING in this context the importance of administrative cooperation between the competent authorities of the Member States for the effective implementation of and compliance with Community legislation concerning the posting of workers, as well as its application and enforcement in practice, and of creating the necessary conditions for such cooperation, as provided
for in Article 4(2) of Directive 96/71/EC; [[note: 1]]
9935/08
[[note: 2]]
Directive 96/71/EC of the European Parliament and of the Council concerning the posting of workers in the framework of the provision of services, 16.12.996, OJ 1997 L 18, p. 1.
CONSIDERING that Directive 96/71/EC provides a sufficient legal basis for the introduction of an
electronic information exchange system taking into account data protection aspects;
RECALLING that the launch of a test phase (pilot project) of the separate and specific module of the IMI system does neither put into question the exclusion of labour law from the Services Directive
[[note: 1]]
or the use of national control measures, provided these respect prevailing Union law, as
interpreted by the Court;
REITERATING the need to make information dedicated specifically to the posting of workers, in particular with respect to the terms and conditions of employment that should be applied and complied with, generally available in an accessible transparent manner, and the need to take
appropriate measures to make further improvements in practice, if necessary;
HAVING EXAMINED the summary of expected costs and benefits related to the use of a specific module of the Internal Market Information (IMI) system for information exchanges within the posting of workers Directive, which confirms that the use of the IMI system would indeed offer a very suitable tool for the purposes of administrative cooperation in this context and that the costs of the hosting, maintenance and development of the specific module of the IMI system is and will be
paid by the Commission;
CONSIDERING the Commission report on the state of data protection in the Internal Market Information system of 22 April 2010
[[note: 2]]
and the technical and procedural measures in place to
guarantee a high level of data protection in the IMI system; [[note: 1]]
Directive 2006/123/EC, OJ L 376, 27.12.2006, p. 36-68.
[[note: 2]]
COM (2010)170 final, 9114/10
WELCOMES, against this background, the Report by the Subgroup to the Expert Committee on Posting of Workers
[[note: 1]]
on the development of an information exchange system, and in particular its main conclusions and recommendation to envisage using an up-and-running, preferably open and sufficiently flexible system, that does not create new obligations for Member States, addressing the different needs of the various national administrative systems for which a separate and specific
module of the IMI system seems to be the most appropriate;
AGREES that a separate and specific module of the IMI system appears to be the most appropriate electronic information exchange system to be used in the area covered by the posting of workers Directive and therefore AGREES to launch a pilot project to test this, and NOTES that the
Commission will organise and finance the initial training for the users of the system;
IS CONVINCED that a future electronic information exchange system will also provide a useful
tool for the enhanced protection of workers' rights;
CALLS UPON THE COMMISSION AND THE MEMBER STATES, IN ACCORDANCE WITH THEIR RESPECTIVE COMPETENCES,
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1.to launch a pilot project covering all Member States, preferably starting in spring of 2011, in order to test in practice the operability and usefulness of a separate and specific module of the IMI system to be used for the implementation of the administrative cooperation provisions of the posting of workers Directive;
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2.to provide training to the competent authorities involved in this administrative cooperation as identified by the Member States; [[note: 1]]
5524/09
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3.to further develop this separate and specific module of the IMI system for the purposes of implementing the posting of workers Directive; INVITES THE COMMISSION
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1.to provide the necessary support and assistance to the Member States in order to improve, and where necessary reinforce, (electronic) information exchange in the context of administrative
cooperation;
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2.to report regularly on progress made towards enhanced administrative cooperation in the context of the posting of workers, in particular on the results of and experiences with the use of the specific module of the IMI, via the Expert Committee on Posting of Workers and, as appropriate, to the Council at the latest within one year after the launching of the pilot project. _________________
