DIHK Statement on the EU Interface for Posting Declarations in the Internal Market

The EU Commission proposes a public interface connected to the Internal Market Information System (IMI) for posting declarations. The DIHK supports the standardization and calls for mandatory use by all member states.

For years, companies have faced high bureaucratic hurdles in cross-border services within the EU, particularly when posting employees. A uniform EU-wide web portal with a standard form can significantly save time and costs while enhancing legal certainty. The DIHK supports the Commission's approach but is critical of the voluntary participation of member states. For noticeable relief, mandatory measures, multilingual support, and lean data requirements are essential.

Key Information in Brief

  • Unified EU web portal with IMI interface planned for posting notifications.
  • DIHK endorses standardized form and multilingual capabilities to reduce bureaucracy.
  • Voluntary implementation by member states would significantly limit effectiveness.
  • Integration of A1 certificate and clear notifications for short-term postings are critical.
  • Specific support for SMEs enhances usability and participation.

Background

The EU internal market relies on the fundamental freedoms; however, differing national regulations complicate the cross-border provision of services. Currently, postings need to be reported via individual portals in many member states, in different languages, and with varying requirements. The Commission proposes a public interface linked to IMI, offering a shared electronic format for posting declarations. To this end, Regulation (EU) No. 1024/2012 is to be amended. A multilingual EU portal and a standard form with only essential fields are intended to simplify reporting procedures. The A1 certificate for social security is currently not included in the planned interface; its practical application sees different national requirements. Participation of member states in the central interface is voluntary according to the EU proposal.

What is important for companies

  • Use self-declarations and existing tools (EEE, ECertis) purposefully; provide evidence only when close to the award.
  • Clarify digital requirements (eIDAS, identity proofs) early on, prepare processes and data for electronic procurement.
  • Address price risks in long-term contracts: check material price escalation clauses and negotiate fairly.
  • Take subcontractor planning into account: enable participation of subsidiary businesses, especially SMEs.
  • Carefully review tender documents and ask questions; scrutinize suitability relevance for excessive requirements.

DIHK Demands

  • Mandatory EU-wide use of the public IMI interface by all member states, with a clear transition period; national portals to be phased out subsequently.
  • A standard form with only mandatory information; additional fields optional and clearly separated to avoid duplication.
  • Multilingualism in all EU official languages and user-friendly design for rapid, short-term notifications.
  • Integration of the A1 certificate into the portal; uniform European practice without pre-obligation, in line with ECJ case law.
  • Development into a Single Digital Gateway for administrative procedures in the internal market and implementation of the Once-Only principle; accompanying training and technical support for SMEs.

FAQ

Frequently Asked Questions

What changes with the proposed EU interface?
A central EU-wide usable web portal will allow posting notifications using a standard form. This will reduce complexity and time compared to heterogeneous national reporting methods.

Do companies need to change anything now?
No. As long as the portal is not mandatorily implemented, current national procedures apply. However, companies should review their posting processes and prepare data fields to be able to switch quickly in the future.

Does the A1 certificate remain necessary?
The A1 certificate remains fundamentally relevant as proof of social security. The German Chamber of Commerce and Industry (DIHK) advocates allowing A1 applications via the EU portal and avoiding mandatory preliminary applications; until then, national regulations must be observed.

How are short-term assignments represented?
Short-term or spontaneous postings are common in many industries. The portal should allow notifications with very short deadlines; companies should internally define templates and responsibilities for urgent cases.

Is data protection guaranteed?
Linking to the IMI requires high-security and data protection standards. When the portal is introduced, companies should review access rights, data storage, and compliance and document accordingly.

Download

DIHK Statement on the EU Interface for Posting Declarations in the Internal Market (only available in German) (PDF, 142 KB)

Key areas:
  • Employment

Contact

Baykal, Benjamin_quad

Benjamin Baykal

Director Economic and Defence Policy

PorträtfotoJaqueline Stoew

Jacqueline Stoew

Director European and National Labor and Social Law

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Thomas Wimmesberger

Director European Education and Employment Policy

Zwick, Sandra_quad

Sandra Zwick

Director European Policy and EU Foreign Trade Promotion