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

• CELEX: Implementing Regulation (EU) 2021/2179
• Articles: 5

Article 1 Subject matter

This Regulation specifies the functionalities of the public interface connected to the Internal Market Information System (‘IMI’) for the purposes of Article 1(11) of Directive (EU) 2020/1057.

Article 2 General functionalities

1.   The multilingual public interface connected to IMI shall provide, in particular, for the following technical functionalities to operators:

(1)

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

(2)

ensuring appropriate logging of user activity;

(3)

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

(4)

managing of the posting declarations:

(a)

recording the information referred to in Article 1(11), point (a) of Directive (EU) 2020/1057;

(b)

submitting a posting declaration containing the information referred to in point (a) covering a minimum period of 1 day up to a maximum period of 6 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 of the posting declaration;

(5)

receiving and responding to requests for documentation pursuant to Article 1(11)(c) of Directive (EU) 2020/1057;

(6)

accessing and viewing any documents provided by the competent authorities Member State of establishment;

(7)

communicating with the competent authorities of the Member State where the posting took place;

(8)

being informed of the closure of the request by the competent authorities of the host Member State.

2.   The multilingual public interface connected to IMI shall also provide the technical functionalities allowing one or more national authorities of the host Member State that are competent authorities within the meaning of Article 5, point (f) of Regulation (EU) No 1024/2012 to:

(a)

receive posting declarations;

(b)

request documents under the procedure specified in Article 1(11)(c) of Directive (EU) 2020/1057;

(c)

enter the final outcome of the assessment of compliance of the operator with the posting rules and to close the request in IMI.

Article 3 Functionalities relating to requests for documents

1.   The public interface shall allow the competent authority of the Member State where the posting took place to request the operator to send documents set out in the first subparagraph of Article 1(11)(c) of Directive (EU) 2020/1057 for a period covering up to the preceding 12 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 8-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 Member State asks for the assistance of the Member State of establishment.

4.   Any document uploaded by the competent authority of the Member State of establishment, following a request for assistance made by the competent authority of the host Member State, pursuant to Article 1(11), point (c), second subparagraph of Directive (EU) 2020/1057, 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.

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

Article 4 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 though that public interface after the 24-month period referred to in Article 1(13) of Directive (EU) 2020/1057.

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 5 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .