EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 52022PC0363

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport as regards the technical and procedural specifications of the use of the Internal Market Information System (‘IMI’) by the United Kingdom and the contribution to its costs

COM/2022/363 final

Brussels, 28.7.2022

COM(2022) 363 final

2022/0228(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport as regards the technical and procedural specifications of the use of the Internal Market Information System (‘IMI’) by the United Kingdom and the contribution to its costs


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

The Commission proposes that the Council establishes the position to be taken on the Union's behalf in the Specialised Committee on Road Transport, established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, as regards the participation of the United Kingdom in the administrative cooperation under Art. 6 of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, and the amount and modalities of the financial contribution to be made by the United Kingdom of Great Britain and Northern Ireland to the general budget of the Union in respect of the cost generated by its participation in the Internal Market Information System.

2.Context of the proposal

The Internal Market Information System (IMI) was established by Regulation (EU) No 1024/2012 1 . One of its functionalities allows the processing of posting declarations under the rules of Directive 96/71/EC, Directive 2014/67/EU and Directive (EU) 2020/1057. These rules aim at establishing a list of working conditions which posted workers must be granted in the host country. The Trade and Cooperation Agreement between the European Union and the United Kingdom (TCA) foresees in its Annex 31 (Article 6(1) point (a) of Section 2 of Part A of that Annex) that operators established in one of the parties to the TCA should submit a posting declaration to the national competent authorities of the other Party or, in the case of the European Union, of the Member State to which the driver is posted. For this purpose, from 2 February 2022 a multilingual standard form of the public interface connected to the IMI has to be used.

Pursuant to Article 7(5) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, the Specialised Committee on Road Transport should set the technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom. The proposed Decision of the Specialised Committee contains the necessary specifications in order to allow the connection of road operators and national authorities to the IMI. This will allow the operators to submit their posting declarations via the IMI and national authorities to take part in the administrative cooperation, which is necessary to reach the objectives of the rules on posting of drivers. These specifications have been adapted from Commission Implementing Regulation (EU) 2021/2179 2 to the TCA framework.

3.Position to be taken on the Union's behalf

The position of the Union should therefore be to support the adoption of a decision by the Specialised Committee on Road Transport, in line with the draft decision attached to this proposal.

4.Legal basis

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for Council decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The decision, which the Specialised Committee on Road Transport is called upon to adopt, constitutes an act having legal effects. The envisaged act does not supplement or amend the institutional framework of the Trade and Cooperation Agreement. Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

5.Publication of the envisaged act

It is appropriate to publish the decision of the Specialised Committee on Road Transport in the Official Journal of the European Union after its adoption.

2022/0228 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport as regards the technical and procedural specifications of the use of the Internal Market Information System (‘IMI’) by the United Kingdom and the contribution to its costs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)As set out in Article 6(1) point (a) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, operators established in the other party should submit a posting declaration to the competent authorities of the Party or, in the case of the European Union, of the Member State to which the driver is posted, using from 2 February 2022 a multilingual standard form of the public interface connected to the Internal Market Information system (‘IMI’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council 3 . A competent authority can be any body established at either national, regional or local level and registered in the IMI with specific responsibilities relating to the application of certain legal provisions.

(2)As set out in Article 6(1) point (c) second subparagraph of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, the IMI the assistance of the competent authorities of the Party of establishment or, in the case of the Union, the Member State of establishment, when the operator fails to submit the requested documentation within eight weeks from the date of the request.

(3)The IMI may be used by third countries if the conditions laid down in Article 23 of Regulation (EU) No 1024/2012 are met and provided that the third country which is given access to the IMI participates in the operating costs of the IMI.

(4)As set out in Article 7(5) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, the Specialised Committee on Road Transport should set the technical and procedural specifications of the use of the IMI by the United Kingdom. These specifications are necessary in order to allow the connection of road operators and national authorities to the IMI, and thereby allow the operators to submit their posting declarations and national authorities to take part in the administrative cooperation described in recitals 1 to 3e. The European Union has implemented these specifications through Commission Implementing Regulation (EU) 2021/2179 4 .

(5)As set out in Article 7(6) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, each party should participate in the operating costs of the IMI. The Specialised Committee on Road Transport should determine the costs to be borne by each party. It is therefore necessary to determine the amount and the modalities of the financial contribution to be made by the United Kingdom to the general budget of the Union in respect of the cost generated by its participation in the IMI. The financial contribution will consist of two parts: development costs (one-off payment) and annual maintenance costs (yearly contribution).

(6)It is therefore appropriate to establish the position to be taken on the Union's behalf in the Specialised Committee on Road Transport.

(7)In order to allow for the prompt application of the measures provided for in this Decision, this Decision should enter into force on the date of its adoption,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on the Union's behalf in the Specialised Committee on Road Transport, established by Article 8(1), point (o) of the Trade and Cooperation Agreement, as regards the technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom and the determination of the costs to be borne by the United Kingdom shall be based on the draft decision of the Specialised Committee on Road Transport attached to this Decision.

Article 2

The decision of the Specialised Committee shall be published in the Official Journal of the European Union

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

LEGISLATIVE FINANCIAL STATEMENT

1.1.NAME OF THE PROPOSAL:

Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport on technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom.

2.BUDGET LINES:

Revenue line (Chapter/Article/Item):

6 6 3 “Pilot projects, preparatory actions, prerogatives and other actions” (DG MOVE);

Amount budgeted for the year concerned: EUR 319 039.00

(only in case of assigned revenues):

The revenues will be assigned to the following expenditure line:

02 20 04 01 “Support activities to the European transport policy, transport security and passenger rights including communication activities” (DG MOVE)

3.FINANCIAL IMPACT

   Proposal has no financial implications

X    Proposal has no financial impact on expenditure but has a financial impact on revenue

X    Proposal has a financial impact on assigned revenue

The effect is as follows: 

(EUR million to one decimal place)

Revenue line

Impact on revenue 5 6

XX months period starting dd/mm/yyyy (if applicable)

2022

6 6 3

Yes

0.32

Situation following action

Revenue line

2023

2024

2025

2026

2027

6 6 3

0.09

0.09

0.09

0.1

0.1

(Only in case of assigned revenues, under the condition that the budget line is already known):

Expenditure line 7

2022

2023

02 20 04 01

0.32

0.09

Situation following action

Expenditure line

2023

2024

2025

2026

2027

02 20 04 01

0.09

0.09

0.09

0.1

0.1

4.ANTI-FRAUD MEASURES

DG MOVE applies the anti-fraud principles stemming from the 2019 Commission Anti Fraud Strategy (COM(2019) 196 final).

DG MOVE adopted a revised local anti-fraud strategy in 2020. The MOVE AFS is based on a specific risk assessment carried out internally to identify the areas most vulnerable to fraud, the controls already in place and the actions necessary to improve DG MOVE’s capacity to prevent, detect and correct fraud.

The contractual provisions applicable to public procurement and to the award of grants ensure that audits and on-the-spot checks can be carried out by the Commission services, including OLAF, using the standard provisions recommended by OLAF. The different entrusted entities to which DG MOVE may entrust the management of its expenditure apply comparable anti-fraud approaches.

5.OTHER REMARKS

There are 2 types of financial contribution to be paid by the UK:

(1)One off amount, the entry fee of € 232.835, to be paid only once. This amount was calculated based on the total development costs of the public interface (Back Office) connected to IMI (Front Office) and shall be used to cover necessary improvements and enhancements of the system.

(2)Annual overall maintenance costs of IMI Front Office and Back Office of the posting of drivers module, to be paid yearly: 86.204

Both contributions by the UK as referred to in Article 5 of the draft DECISION No X/2022 OF THE SPECIALISED COMMITTEE on ROAD TRANSPORT shall be allocated to the DG MOVE budget line 02.200401. The total amount shall be co-delegated by DG MOVE to DIGIT, as system developer for covering both front office and back office related development and maintenance costs with indication on what improvements it should be spent on after agreement between DG MOVE and DG GROW. 

(1)    OJ L 316, 14.11.2012, p. 1.
(2)    Commission Implementing Regulation (EU) 2021/2179 of 9 December 2021 on the functionalities of the public interface connected to the Internal Market Information System for posting drivers in the road transport sector (OJ L 443, 10.12.2021, p. 68).
(3)    Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1).
(4)    Commission Implementing Regulation (EU) 2021/2179 of 9 December 2021 on the functionalities of the public interface connected to the Internal Market Information System for posting drivers in the road transport sector (OJ L 443, 10.12.2021, p. 68).
(5)    The amounts per year need to be an estimation based on the formula or method defined under section 5. For the starting year, the yearly amount is normally paid without a reduction or prorata.
(6)    In the case of traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.
(7)    To be used only if necessary.
Top

Brussels, 28.7.2022

COM(2022) 363 final

ANNEX

to the proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Specialised Committee on Road Transport as regards the technical and procedural specifications of the use of the Internal Market Information System (‘IMI’) by the United Kingdom and the contribution to its costs


ANNEX

Decision No X/2022 of the Specialised Committee on Road Transport
established by the Tra
de and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part

of …

on technical and procedural specifications of the use of the Internal Market Information System (IMI) by the United Kingdom, the participation of the United Kingdom in the administrative cooperation under Art. 6 of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement and the amount and modalities of the financial contribution
to be made by the United Kingdom of Great Britain and Northern Ireland to the general budget of the Union
 in respect of the cost generated by its participation
in
IMI

THE SPECIALISED COMMITTEE ON ROAD TRANSPORT,

Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part 1  ('the Trade and Cooperation Agreement'), and in particular Article 7(5) and (6) of Section 2 of Part A of Annex 31 thereto,

Whereas:

(1) Article 6(1) point (a) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, operators established in the other party should submit a posting declaration to the competent authorities of the Party or, in the case of the European Union, of the Member State to which the driver is posted, using from 2 February 2022 a multilingual standard form of the public interface connected to the Internal Market Information System (‘IMI’) established by Regulation (EU) No 1024/2012 2 (“the IMI regulation”). A competent authority can be any body established at either national, regional or local level and registered in IMI with specific responsibilities relating to the application of certain legal provisions.

(2)As set out in Article 6(1), point (c) second subparagraph of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, IMI the assistance of the competent authorities of the Party of establishment or, in the case of the Union, the Member State of establishment, when the operator fails to submit the requested documentation within eight weeks from the date of the request.

(3) IMI may be used by third countries if the conditions laid down in Article 23 of the IMI regulation are met, and provided that the third country given access to IMI participates in the operating costs of IMI.

(4)As set out in Article 7(5) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, the Specialised Committee on Road Transport should set the technical and procedural specifications of the use of IMI by the United Kingdom. These specifications are necessary in order to allow the connection of road operators and competent authorities to IMI, and thereby allow the operators to submit their posting declarations and competent authorities to take part in the administrative cooperation described above. The European Union has implemented these specifications through Commission Implementing Regulation (EU) 2021/2179 3 .

 (5)As set out in Article 7(6) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement, each party should participate in the operating costs of IMI. The Specialised Committee on Road Transport should determine the costs to be borne by each party. It is therefore necessary to determine the amount and the modalities of the financial contribution to be made by the United Kingdom to the general budget of the Union, in respect of the cost generated by its participation in IMI. The financial contribution will consist of two parts: development costs (one-off payment) and annual maintenance costs (yearly contribution).

HAS ADOPTED THIS DECISION:

Article 1

General functionalities

1.The Union shall ensure that the multilingual public interface connected to IMI provides, in particular, for the following technical functionalities to the United Kingdom operators:

(a)creating an account for secure access to the operator’s reserved area;

(b)ensuring appropriate logging of user activity;

(c)recording in the account the details of the operator, the authorised users, the transport manager and the posted drivers;

(d)managing of the posting declarations:

(a)recording the information referred to in Article 6(1)(a) of Section 2 of Part A of Annex 31 of the Trade and Cooperation Agreement;

(b)submitting a posting declaration containing the information referred to in point (a), covering a minimum period of one day up to a maximum period of six months;

(c)amending the information in the posting declaration in order to keep it up to date;

(d)downloading the copy of a posting declaration in electronic form and in a format that allows for printing;

(e)renewing the posting declaration;

(f)withdrawing the posting declaration;

(e)receiving and responding to requests for documentation pursuant to Article 6(1)(c) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement;

(f)accessing and viewing any documents provided by the competent authorities of the State of establishment;

(g)communicating with the competent authorities of the State where the posting took place;

(h)being informed of the closure of the request by the competent authorities of the host State.

2.The Union shall ensure that the multilingual public interface connected to IMI also provides the technical functionalities allowing one or more competent authorities of the United Kingdom to:

(a)receive posting declarations;

(b)request documents under the procedure specified in Article 6(1)(c) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement;

(c)enter the final outcome of the assessment of compliance of the operator with the posting rules into the system, and to close the request in IMI.

3.The UK competent authorities shall be any body established at either national, regional or local level and registered in IMI with specific responsibilities relating to the application of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement. UK competent authorities shall be registered in IMI by the UK IMI contact point.

4.The Union shall be entitled to stop the access of the United Kingdom to IMI if the United Kingdom ceases to fulfil the requirements of point (c) of Article 23(1) of the IMI Regulation.

Article 2

Functionalities relating to requests for documents

1.The public interface shall allow a competent authority of the State, where the posting took place, to request the operator to send documents set out in Article 6(1), point (c), first subparagraph, of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, for a period covering up to the preceding twelve months from the date of the request. The public interface connected to IMI shall allow the operator to provide the requested documents in one or more stages.

2.In the event that the operator is requested to provide one or more additional documents that were not included in the request referred to in paragraph 1, the public interface shall calculate the eight-week time period for providing documents from the date of request for the additional document(s).

3.The public interface shall allow for the operator to be informed in cases where the host State asks for the assistance of the State of establishment.

4.Any document uploaded by the competent authority of the State of establishment, following a request for assistance made by the competent authority of the host State, pursuant to Article 6(1), point (c), second subparagraph, of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement, shall be visible in the operator’s account.

5.The public interface shall allow the operator to be notified of the closure of the request for documents with an indication of the final outcome, once the requested documents have been checked by the national authorities.

6.Requests for documents that have not been closed by the requesting competent authority of the host State shall be automatically closed 24 months after the date of the request.

Article 3

Functionalities relating to the retention of data

1.The public interface connected to IMI shall allow for the deletion of all data stored in that public interface and the operators’ accounts when those data are no longer needed for the purposes for which they were collected and processed. The public interface shall allow for the sending of a reminder to the operator to review and delete, when necessary, the driver’s personal data.

2.The public interface shall allow for the automatic deletion of the posting declarations, which have been submitted through that public interface after the 24-month period referred to in Article 6(5) of Section 2 of Part A of Annex 31 to the Trade and Cooperation Agreement.

3.Where documents have been submitted by the operator as part of a request for documents, the requested documents shall remain available for no longer than necessary for the purposes for which they were collected and not longer than for 12 months after the closure of the request.

Article 4

The use of IMI

1.The United Kingdom shall use the IMI established by the IMI regulation for exchanges of information, including of personal data, with the competent authorities. 

2.The United Kingdom shall appoint an IMI contact point for the purpose of the administrative cooperation set out in Article 2 and inform the Commission and the Specialised Committee on Road Transport.

Article 5

Amount and modalities of the United Kingdom’s financial contribution

1.    The United Kingdom shall contribute annually to the operational and maintenance costs of the IMI. The annual contribution shall apply as of the date of entry into force of this decision. For the first year it shall be paid within 20 days from the adoption of this Decision. For the following years it shall be paid by 31 December of the preceding year. The amount of the contribution for the first year shall be fixed at 86.204,00 euros and shall be revised according to the development of the European Consumer Price Index (HICP) every year thereafter. The European Commission shall communicate the revised amount to the United Kingdom in writing.    

2.    The United Kingdom shall contribute to the overall development costs of the public interface connected to IMI. This contribution shall be provided once and is a fixed amount of 232.835,00 euros. The one-off development cost shall be paid within 20 days from the adoption of this Decision.

3.    The contributions referred to in paragraphs 1 and 2 shall be paid in euros into the euro-denominated bank account of the Commission indicated in the debit note.

4.    In case of a substantial change to the overall cost of the IMI, due to technological adaptations or for other reasons, the Specialised Committee for Road Transport shall adopt a new decision on the UK’s financial contribution, at the request of one of the Co-Chairs of the Committee.

Article 6

Entry into force

This Decision shall enter into force on the date of its adoption.

Done at …,

For the Specialised Committee on Road Transport

   The Co-chairs

(1)    OJ L 149, 30.04.2021, p. 10. 
(2)    Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (OJ L 316, 14.11.2012, p. 1).
(3)    Commission Implementing Regulation (EU) 2021/2179 of 9 December 2021 on the functionalities of the public interface connected to the Internal Market Information System for posting drivers in the road transport sector (OJ L 443, 10.12.2021, p. 68).
Top