### in order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights , the exception provided for in this regulation should only apply to certificates that are granted on or after a specified date after entry into force , irrespective of when the application for the certificate was first lodged . the date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way . the date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make , and should take due account of pending applications for certificates . ### the exception provided for in this regulation should only apply to certificates for which the basic patent expired on or after 1 january 2023 . the date specified takes into account the need to provide for a transitional period sufficiently long to ensure that holders of supplementary protection certificates are not deprived of their acquired rights . that date should also allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way . that date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make , and should take due account of pending applications for certificates .


### in addition , this regulation should impose certain due diligence requirements on the maker as a condition for the exception to operate . the maker should be required to inform persons within its supply chain , through appropriate means , in particular contractual means , that the product is covered by the exception introduced by this regulation and is intended for the exclusive purpose of export . a maker who failed to comply with these due diligence requirements would not benefit from the exception , nor would any third party performing a related act in the same or a different member state where a certificate conferring protection for the product was in force , and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate . ### in addition , this regulation should impose certain due diligence requirements on a maker as a condition for the exception to operate . each maker should be required to inform persons within its supply chain , through appropriate and documented means , in particular contractual means , that the product is covered by the exception introduced by this regulation and is intended for the exclusive purpose of export . a maker who failed to comply with these due diligence requirements would not benefit from the exception , nor would any third party performing a related act in the same or a different member state where a certificate conferring protection for the product was in force , and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate .


### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . ### by limiting the scope of the exception to making for the purposes of day - 1 entry and of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not conflict with normal exploitation of the product in the member state where the certificate is in force , nor prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . in this regard , the commission’s study1a states that “neither the production for export , nor the production for stockpiling purposes run counter to the legal objectives of the spc system” , and “arguably the only effect of prohibiting stockpiling would be to boost the business opportunities of non - eu companies to the disadvantage of generic manufacturers established here . ”


### this regulation respects fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure full respect for the right to property in article 17 of the charter by maintaining the core rights of the supplementary protection certificate , by confining the exception to certificates granted on or after a specified date after entry into force of this regulation and by imposing certain conditions on the application of the exception , ### this regulation respects fundamental rights and observes the principles recognised by the charter of fundamental rights of the european union . in particular , this regulation seeks to ensure full respect for the right to property laid down in article 17 of the charter by maintaining the core rights of the supplementary protection certificate , by confining the exception to certificates granted after the date of entry into force of this regulation . , as well as the right to health care provided for in article 35 of the charter by making medicines more accessible to eu patients , the principle of proportionality set out in article 52 of the charter and the right to health protection for european citizens sert out in point of article 6 tfeu .


### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . ### the scope of the exception is limited to making for eu - day1 entry and for the purpose of export to country markets where no supplementary protection certificate is in place or has expired and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not conflict with normal exploitation of the product in the member state where the certificate is in force , nor prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties .


### making for the exclusive purpose of export to third countries ; or ### making for the exclusive purpose of export to third countries where no supplementary protection certificate is in place ; or


### the maker shall ensure , through appropriate means , that persons in a contractual relationship with the maker who perform acts falling within paragraph 2 are fully informed and aware of the following : ### the maker shall ensure , through appropriate and documented means , that persons in a contractual relationship with the maker who perform acts falling within paragraph 2 are fully informed and aware of the following :


### since the adoption in 1992 of the predecessor to regulation no 469 / 2009 , markets have evolved significantly and there has been huge growth in the manufacture of generics and especially of biosimilars , in particular in third countries where protection does not exist or has expired . ### since the adoption in 1992 of the predecessor to regulation no 469 / 2009 , markets have evolved significantly and there has been huge growth in the manufacture of generics and especially of biosimilars , in particular in countries outside the union where protection does not exist or has expired .


### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . ### the scope of the exception is limited to making for day - 1 entry and for the purpose of export outside the union and to acts strictly necessary for such making or for the actual export itself , and therefore the exception introduced by this regulation will not conflict with normal exploitation of the product or medicinal product in the member state where the certificate is in force , nor prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties .


### the certificate referred to in paragraph 1 shall not confer protection against a particular act against which the basic patent conferred protection if , with respect to that particular act , the following conditions are met : ### the certificate referred to in paragraph 1 shall not confer protection against certain acts against which the basic patent conferred protection if , with respect to those particular acts , the following conditions are met :


### the information for the purposes of paragraph 2 shall be as follows : the name and address of the maker ; the address , or addresses , of the premises where the making is to take place in the relevant member state ; the number of the certificate granted in the relevant member state , and identification of the product , by reference to the proprietary name used by the holder of that certificate ; the number of the authorisation granted in accordance with article 40 of directive 2001 / 83 / ec or article 44 of directive 2001 / 82 / ec for the manufacture of the corresponding medicinal product or , in the absence of such authorisation , a valid certificate of good manufacturing practice as referred to in article 111 of directive 2001 / 83 / ec or article 80 of directive 2001 / 82 / ec covering the premises where the making is to take place ; the intended start date of making in the relevant member state ; an indicative list of the intended third country or third countries to which the product is to be exported . ### the information for the purposes of paragraph 2 shall be treated as strictly confidential and be as follows : the name and address of the maker ; the relevant member state where the making is to take place ; the number of the certificate granted in the relevant member state , and identification of the product , by reference to the proprietary name used by the holder of that certificate ; the start date of making in the relevant member state ;


### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation will not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties . ### by limiting the scope of the exception to making for the purpose of export outside the union and acts strictly necessary for such making or for the actual export itself , the exception introduced by this regulation should not unreasonably conflict with normal exploitation of the product in the member state where the certificate is in force , nor unreasonably prejudice the legitimate interests of the certificate - holder , taking account of the legitimate interests of third parties .


### the information for the purposes of paragraph 2 shall be as follows : the name and address of the maker ; the address , or addresses , of the premises where the making is to take place in the relevant member state ; the number of the certificate granted in the relevant member state , and identification of the product , by reference to the proprietary name used by the holder of that certificate ; the number of the authorisation granted in accordance with article 40 of directive 2001 / 83 / ec or article 44 of directive 2001 / 82 / ec for the manufacture of the corresponding medicinal product or , in the absence of such authorisation , a valid certificate of good manufacturing practice as referred to in article 111 of directive 2001 / 83 / ec or article 80 of directive 2001 / 82 / ec covering the premises where the making is to take place ; the intended start date of making in the relevant member state ; an indicative list of the intended third country or third countries to which the product is to be exported . ### the information for the purposes of point of paragraph 2 , which must be treated in a strictly confidential manner by all parties , shall be : the name and address of the maker ; the relevant member state where the making is taking place ; the number of the relevant certificate granted in the relevant member state , and identification of the product , by reference to the proprietary name used by the holder of that certificate ; an indicative list of the intended third country or third countries to which the product is to be exported .


### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate . ### the aim of this regulation is to promote the competitiveness of generics and biosimilars producers in the union , enhancing growth and job creation in the internal market and contributing to a wider supply of products under uniform conditions . this will help those producers to compete effectively in third country markets where protection does not exist or has expired . it should also complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products or active ingredients . indirectly , it should put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate .


### in those specific and limited circumstances , and in order to create a level playing field between union - based manufacturers and third country manufacturers , it is appropriate to restrict the protection conferred by a supplementary protection certificate so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itself . ### in these specific and limited circumstances , it is appropriate to restrict the protection conferred by a supplementary protection certificate , but not any other intellectual property right , in order to eliminate the aforementioned , unintended side effects of the supplementary protection certificate so as to enable a level - playing field between union - based manufacturers and those in third countries . this would enable manufacturing exclusively for export to third countries , as well as for any other acts that are strictly necessary for this manufacturing and entry onto the union market as soon as the supplementary protection certificate expires .


### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate . ### the aim of this regulation is to ensure that manufacturers established in the union are able to compete effectively in those country markets where supplementary protection does not exist or has expired , and to ensure day - 1 entry of generic and biosimilar medicines onto the union market after the expiry of the relevant supplementary protection certificate and this fostering access to medicines . it is intended to complement the efforts of the union’s trade policy to ensure open markets for union - based manufacturers of medicinal products . indirectly , it is also intended to put those manufacturers in a better position to enter the union market immediately after expiry of the relevant supplementary protection certificate , namely the eu - day1 entry . it would also help to serve the aim of fostering access to medicines in the union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate .


### operation the commission shall coordinate the work of the platform and chair its meetings . for the execution of its mission , the platform shall adopt by majority decision : the rules of procedure , containing , inter alia , the decision - making arrangements of the platform , a two - year work programme of the platform setting out , inter alia , its detailed tasks and regular reports of the platform in every two years , the establishment of working groups to examine issues specified in work programmes of the platform . such working groups shall be dissolved as soon as their mandates are fulfilled . experts with specific competence in a subject under discussion may be invited on a case - by - case basis to participate in the platform ' s or working group ' s deliberations if this is useful and / or necessary . the platform shall be assisted by a secretariat provided by the commission . the secretariat shall prepare the meetings , the work programmes of the platform and its reports . the commission shall inform regularly the european parliament and the council about the activities of the platform . ### operation the commission shall coordinate the work of the platform and the commission representative to the platform shall co - chair its meetings . the members of the platform shall elect from among their number another co - chair of equal standing as well as two substitutes . the co - chairs and the substitutes form the bureau of the platform . the platform is to meet at least twice a year . for the execution of its mission , the platform shall adopt by majority decision : the rules of procedure , containing , inter alia , the decision - making arrangements of the platform , an annual as well as a multiannual work programme of the platform setting out , inter alia , the detailed tasks of the platform and taking into account the activities undertaken in the previous year , the establishment of working groups to examine issues specified in work programmes of the platform . such working groups shall be chaired by a member of the platform and shall be dissolved as soon as their mandates are fulfilled ; an annual report on its activities experts with specific competence in a subject under discussion may be invited by the bureau on a case - by - case basis to participate in the platform ' s or working group ' s deliberations if this is considered useful and / or necessary . the platform shall be assisted by a secretariat provided by the commission . the secretariat shall prepare the meetings , the draft work programmes of the platform and its draft reports in close cooperation with and under the supervision of the bureau . it shall also follow up on recommendations of the platform . the platform shall transmit to the commission the work programmes referred to in paragraph 2 and the report referred to in paragraph 2 . the commission shall forward the work programmes and reports to the european parliament , the council , the european economic and social committee and the committee of the regions .


### to achieve its objectives , the platform should be supported by a ' single point of contact ' in each member state who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared work . ### to achieve its objectives , the platform should be supported by a senior representative from each member state who should have the necessary authority to liaise with national authorities and actors dealing with the multifaceted aspects of undeclared work . the participation in the platform should be mandatory for all member states .


### the platform should make use of all relevant sources of information , in particular studies , bilateral agreements concluded between member states and multilateral cooperation projects and create synergies between existing eu level instruments and structures to maximise the deterrent or preventive effect of these measures . the operational coordination of actions of the member states could take the form of joint trainings , peer reviews and solutions for data sharing . european campaigns or common strategies could increase the awareness of undeclared work . ### the platform should make use of all relevant sources of information , in particular studies , bilateral agreements concluded between member states and multilateral cooperation projects and create synergies between existing eu level instruments and structures to maximise the deterrent or preventive effect of these measures . the operational coordination of actions of the member states could take the form of joint trainings , peer reviews and solutions for data sharing . european campaigns or common strategies could increase the awareness of undeclared work , building on policies and strategies to raise awareness of undeclared work which already exist to varying degrees in the member states . the platform should involve also non - governmental actors as important sources of information . it should contribute to the strengthening of the cooperation between member states including by suggesting innovative approaches of cross - border cooperation and enforcement as well as by evaluating experiences of such cooperation to draw conclusions for future policy action .


### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of undeclared work by means of common concepts , measurement tools and promotion of joint comparative analysis and related relevant indicators , develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work , including preventive and punitive as well as deterrence measures in general , establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , adopt non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work , develop forms of cooperation increasing the technical capacity to tackle cross - border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff , examine ways to improve data sharing in compliance with the union data protection rules , including exploring possibilities to use of the internal market information system and the electronic exchange of social security information . develop permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings , organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council . increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . in carrying out its tasks , the platform will make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it will establish appropriate cooperation with eurofound and eu - osha . ### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of all forms of undeclared work , also with regard to causes and regional differences , by means of common concepts , including comprehensive definitions of existing and new forms of undeclared work , indicators and methodologies for data collection , measurement tools and promotion of joint comparative analysis and research , improve the knowledge and mutual understanding of different national labour inspection systems and practices to tackle undeclared work , the consequences of undeclared work , including cross - border undeclared work , with regard to unfair competition and market distortions , as well as the precarious working conditions endured by persons in undeclared work , analyse the effectiveness and consequences of different policy measures , such as prevention and deterrence as well as enabling measures encouraging and promoting declared work , in curbing the incidence of undeclared work , establish efficient tools , for instance an interactive knowledge bank of different practices / measures based on the application in different labour market models , including bilateral and multilateral agreements used in the member states , to tackle undeclared work , develop guidelines for enforcement , handbooks of good practice and common principles of inspections to tackle undeclared work and monitor progress made on the implementation of guidelines , develop close cooperation in order to improve the capability of national labour inspection systems regarding controls and tackling cross - border aspects of undeclared work by means of actions such as joint operations , relevant databases and staff exchanges , draw up and publish information to facilitate the activities of national labour inspection systems , develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the union data protection rules , including exploring possibilities to make use of the internal market information system established by regulation no 1024 / 2012 of the european parliament and of the council1a and the electronic exchange of social security information , contribute to the identification of areas related to undeclared work where union legislation is not achieving its intended objectives . develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings . put forward suggestions to the commission , the european parliament and the council for inclusion in the country - specific recommendations of appropriate action addressing the particular aspects of tackling undeclared work as well as the effects of non - action in the member states concerned . organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council and promote appropriate action , give opinions and suggestions to the commission , the european parliament or the council on issues relating to better regulation and the enforcement of union legislation on working conditions and social protection in member states related to the tackling of undeclared work as well as relating to the effects of non - action , encourage active cooperation between the enforcement authorities of member states and non - eu countries , where relevant , in order to resolve problems related to undeclared work involving these countries , increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . encourage national authorities and other bodies to provide counselling and information for workers victimised by practices of undeclared work , in carrying out its tasks , the platform shall make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . the platform shall establish appropriate cooperation with eurofound as well as with eu - osha . 1a regulation 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


### the platform will cooperate with the eu level relevant expert groups and committees whose work has links with undeclared work . ### the platform should cooperate with relevant expert groups , committees and stakeholders whose activities have links with tackling undeclared work .


### objectives the platform , as set out in article 1 , shall contribute to better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs , hence avoiding the deterioration of quality of work , and to promote integration in the labour market and social inclusion by : improving cooperation between member states ' different enforcement authorities at eu level to prevent and deter undeclared work , including bogus self - employment , more efficiently and effectively , improving member states ' different enforcement authorities ' technical capacity to tackle cross - border aspects of undeclared work , increasing public awareness on the urgency of action and encouraging member states to step up their efforts in dealing with undeclared work . ### objectives the overriding objective of the platform shall be to provide value - added input at union level to member states ' and union institutions ' efforts to successfully tackle the complex problem of undeclared work and its manifold implications and consequences including the encouraging and promoting of declared work . the platform , as set out in article 1 , shall to that end contribute to an improvement and better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs . it shall thus help to achieve the union ' s employment targets , providing a more effective european framework for employment and workplace health and safety . avoiding thereby the deterioration of quality of work , it shall promote integration in the labour market and social inclusion by : improving effective and close cooperation between member states ' relevant enforcement bodies and other actors involved at union level to prevent , deter and combat undeclared work in all its forms , including bogus self - employment , more efficiently and effectively , assisting member states ' different enforcement bodies ' to effectively tackle and resolve cross - border aspects of undeclared work and the related unfair competition and market distortions , increasing public awareness of the issues related to undeclared work and the need for appropriate action as well as encouraging member states to urgently step up their efforts in tackling undeclared work ,


### member states shall provide the commission with the list and contact details of all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work . ### member states shall provide the commission with the list and contact details of all enforcement authorities and , in accordance with national law or practice , the social partners and other actors , which are involved in the prevention and / or deterrence of undeclared work or in the regularisation of jobs .


### article 151 of the treaty sets out as objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market and the combating of social exclusion . ### article 151 of the treaty on the functioning of the european union sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market , and combating social exclusion , while excluding any harmonisation of national laws and regulations . in accordance with article 153 tfeu , however , the union may adopt measures to encourage cooperation between member states .


### the platform should involve the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound and european agency for safety and health at work . the involvement of eurofound and european agency for safety and health at work in the work of the platform as observers will not extend their existing mandates . ### the platform should involve the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , step up social dialogue and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound , the european agency for safety and health at work and the european institute for gender equality . the involvement of eurofound , the european agency for safety and health at work and the european institute for gender equality in the work of the platform as observers or participants will not extend their existing mandates .


### representatives of the cross - industry social partners at union level , as well as social partners in sectors with a high incidence of undeclared work , ### a maximum of 14 representatives of social partners in sectors with a high incidence of undeclared work nominated by the social partners themselves , equally representing both sides of industry ,


### to achieve its objectives , the platform should be supported by a ‘ single point of contact’ in each member state who should have the necessary authority to liaise with national authorities dealing with the multifaceted aspects of undeclared work . ### to achieve its objectives , the platform should be supported by a senior representative from each member state who should have the necessary authority to liaise with national authorities and other actors , in particular the social partners , dealing with the multifaceted aspects of undeclared work . the participation in the platform should be mandatory for all member states .


### review four years after its entry into force , the commission shall submit a report on the application of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions . the report shall in particular assess to what extent the platform has contributed to the achievement of the objectives set out in article 2 and fulfilled the tasks as set out in article 3 and in work programmes of the platform . ### review four years after its entry into force , the commission shall submit a report , after consultation with the platform , on the application and the added value of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions . the report shall in particular assess to what extent the platform has contributed to the achievement of the objectives set out in article 2 , fulfilled its mission as set out in article 3 , carried out the tasks as set out in article 4 and addressed the priorities set out in the work programmes of the platform . it shall also identify shortcomings and put forward respective proposals on the functioning of the platform if deemed appropriate .


### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . ### at the same time , undeclared work has serious budgetary implications through decreased tax and social security revenues , thus undermining the financial sustainability of social protection systems . furthermore , it negatively impacts on both employment and productivity , leading to unfair competition which distorts the market and has damaging effects on the economy in general . the european platform should pay particular attention to the fact that smes , who make up the large majority of european companies , are particularly affected by this problem . in addition , illegal drawing of benefits and social dumping may be among the direct consequences of undeclared work .


### single point of contact each member state shall appoint one single point of contact as a member of the platform . they may also appoint one alternate member . ### senior representatives each member state shall appoint a senior representative referred to in article 1 as member of the platform . it may also appoint a substitute to attend the meetings of the platform where necessary .


### single point of contact each member state shall appoint one single point of contact as a member of the platform . they may also appoint one alternate member . in appointing their representatives , member states should involve all public authorities having a role in the prevention and / or deterrence of undeclared work , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they may also , in accordance with national law and / or practice , involve the social partners . member states shall provide the commission with the list and contact details of all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work . single points of contact shall liaise with all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work regarding the activities of the platform and guarantee their participation at the meetings and / or contribution to the activities of the platform or its working groups if issues discussed involve their field of competence . ### senior representatives each member state shall appoint a senior representative referred to in article 1 as member of the platform . it may also appoint a substitute to attend the meetings of the platform where necessary . in appointing a senior representative and a substitute , member states should involve all relevant bodies having a role in the tackling of undeclared work in a domestic or cross - border context , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they should also , in accordance with national law and / or practice , involve the social partners and other relevant actors . member states shall provide the commission with the list and contact details of all enforcement bodies and , in accordance with national law or practice , the social partners and other relevant actors which are involved in tackling undeclared work . the senior representatives referred to in article 1 shall liaise regularly with all national enforcement bodies and in accordance with national law or practice , the social partners and other relevant actors with a role in tackling undeclared work , thereby involving all stakeholders .


### the platform , as set out in article 1 , shall contribute to better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs , hence avoiding the deterioration of quality of work , and to promote integration in the labour market and social inclusion by : ### the platform , as set out in article 1 , shall contribute to better enforcement of eu and national law , to the reduction of undeclared work and to the emergence of formal jobs . it shall thus help to embed the europe 2020 strategy and its employment objectives , providing a more effective european framework for employment and workplace health and safety . avoiding thereby the deterioration of quality of work , it shall promote integration in the labour market and social inclusion by :


### establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , ### establish efficient tools , for instance an interactive knowledge bank of different practices / measures , including bilateral agreements used in the member states , to deter and prevent undeclared work , and the regularisation of jobs ,


### the following may attend the meetings of the platform as observers under the conditions set in its rules of procedure : ### the following stakeholders should be actively involved in the meetings of the platform as observers and their contributions shall be taken into due consideration under the conditions set in its rules of procedure :


### the abuse of the status of self - employed , either at national level or in cross - border situations , is frequently associated with undeclared work . bogus self - employment occurs when a person is declared as self - employed while fulfilling the conditions characteristic of an employment relationship , in order to avoid certain legal or fiscal obligations . bogus self - employment is , therefore , falsely declared work and should come under the scope of the platform . ### in addition to undeclared work , the platform should deal with falsely declared work . that concept refers to paid activities that are lawful as regards their nature , but that are not declared correctly to public authorities . a specific form of falsely declared work is the abuse of the status of self - employed , either at national level or in cross - border situations . bogus self - employment occurs when a person is declared as self - employed while fulfilling the conditions characteristic of an employment relationship , in order to avoid certain legal or fiscal obligations . bogus self - employment is , therefore , falsely declared work and should come under the scope of the platform .


### the abuse of the status of self - employed , either at national level or in cross - border situations , is frequently associated with undeclared work . bogus self - employment occurs when a person is declared as self - employed while fulfilling the conditions characteristic of an employment relationship , in order to avoid certain legal or fiscal obligations . bogus self - employment is , therefore , falsely declared work and should come under the scope of the platform . ### in addition to undeclared work , the platform should deal with falsely declared work , which refers to paid activities that are lawful as regards their nature , but are not declared correctly to public authorities . a specific form of undeclared work is the abuse of the status of self - employed , either at national level or in cross - border situations . bogus self - employment occurs when a person is declared as self - employed while fulfilling the conditions characteristic of an employment relationship in order to avoid certain legal or fiscal obligations . bogus self - employment is , therefore , falsely declared work . it should be noted , however , that definitions and legislation regarding self - employment vary between member states . bogus self - employment and undeclared work are key activities of the black economy . the increasing phenomena of bogus self - employment and undeclared work should therefore be addressed by the platform and main fraud risks identified .


### the platform will aim to facilitate the exchange of best practices and information , provide a framework at eu level to develop expertise and analysis , and improve operational coordination of actions between the different national enforcement authorities of the member states . ### the platform should contribute to eliminating abuse of the principle of the free movement through undeclared work , to which end it should aim to facilitate and improve the exchange of experience and best practices and information , as well as to developing at eu level common understanding , expertise and analysis , including on new and emerging employment relationships . it should also enhance knowledge , thus creating a knowledge bank , study ways to improve data exchange , suggest joint training sessions and exchanges between labour inspectorates , foster effective control mechanisms and contribute to the improvement of operational coordination between the different national enforcement bodies of the member states . additionally , the platform will facilitate the sharing of best practices and information .


### the european parliament in its resolution on ‘ effective labour inspections as a strategy to improve working conditions in europe’ welcomed the commission ' s initiative to create a european platform and called for enhanced cooperation at eu level to fight undeclared work27 . __________________ 27 european parliament resolution of 14 january 2014 on effective labour inspections as a strategy to improve working conditions in europe http : / / www . europarl . europa . eu / oeil / popups / ficheprocedure . do ? lang=en&reference=2013 / 2112 ### the european parliament in its resolution on effective labour inspections as a strategy to improve working conditions in europe welcomed the commission ' s initiative to create a european platform and called for enhanced cooperation at eu level to fight undeclared work27 because it leads to unfair competition which distorts the market . __________________ 27 european parliament resolution of 14 january 2014 on effective labour inspections as a strategy to improve working conditions in europe http : / / www . europarl . europa . eu / oeil / popups / ficheprocedure . do ? lang=en&reference=2013 / 2112


### develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work , including preventive and punitive as well as deterrence measures in general , ### analyse the effectiveness of different policy measures in curbing the incidence of undeclared work , including prevention and deterrence as well as enabling measures in general ,


### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of undeclared work by means of common concepts , measurement tools and promotion of joint comparative analysis and related relevant indicators , develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work , including preventive and punitive as well as deterrence measures in general , establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , adopt non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work , develop forms of cooperation increasing the technical capacity to tackle cross - border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff , examine ways to improve data sharing in compliance with the union data protection rules , including exploring possibilities to use of the internal market information system and the electronic exchange of social security information . develop permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings , organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council . increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . in carrying out its tasks , the platform will make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it will establish appropriate cooperation with eurofound and eu - osha . ### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of all forms of undeclared work , also with regard to causes and regional differences , by means of common concepts , including comprehensive definitions of existing and new forms of undeclared work , indicators and methodologies for data collection , measurement tools and promotion of joint comparative analysis and research , improve the knowledge and mutual understanding of different national labour inspection systems and practices to tackle undeclared work , the consequences of undeclared work , including cross - border undeclared work , with regard to unfair competition and market distortions , as well as the precarious working conditions endured by persons in undeclared work , analyse the effectiveness and consequences of different policy measures , such as prevention and deterrence as well as enabling measures encouraging and promoting declared work , in curbing the incidence of undeclared work , establish efficient tools , for instance an interactive knowledge bank of different practices / measures based on the application in different labour market models , including bilateral and multilateral agreements used in the member states , to tackle undeclared work , develop guidelines for enforcement , handbooks of good practice and common principles of inspections to tackle undeclared work and monitor progress made on the implementation of guidelines , develop close cooperation in order to improve the capability of national labour inspection systems regarding controls and tackling cross - border aspects of undeclared work by means of actions such as joint operations , relevant databases and staff exchanges , draw up and publish information to facilitate the activities of national labour inspection systems , develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the union data protection rules , including exploring possibilities to make use of the internal market information system established by regulation no 1024 / 2012 of the european parliament and of the council1a and the electronic exchange of social security information , contribute to the identification of areas related to undeclared work where union legislation is not achieving its intended objectives . develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings . put forward suggestions to the commission , the european parliament and the council for inclusion in the country - specific recommendations of appropriate action addressing the particular aspects of tackling undeclared work as well as the effects of non - action in the member states concerned . organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council and promote appropriate action , give opinions and suggestions to the commission , the european parliament or the council on issues relating to better regulation and the enforcement of union legislation on working conditions and social protection in member states related to the tackling of undeclared work as well as relating to the effects of non - action , encourage active cooperation between the enforcement authorities of member states and non - eu countries , where relevant , in order to resolve problems related to undeclared work involving these countries , increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . encourage national authorities and other bodies to provide counselling and information for workers victimised by practices of undeclared work , in carrying out its tasks , the platform shall make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . the platform shall establish appropriate cooperation with eurofound as well as with eu - osha . 1a regulation 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


### the platform will cooperate with the eu level relevant expert groups and committees whose work has links with undeclared work . ### the platform should cooperate closely with the relevant expert groups , committees and stakeholders whose activities have links with undeclared work .


### a platform to enhance eu cooperation in the prevention and deterrence of undeclared work , hereinafter referred to as ' the platform ' , is hereby established . ### a european platform to enhance cooperation at union level in tackling undeclared work , , is hereby established .


### single points of contact shall liaise with all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work regarding the activities of the platform and guarantee their participation at the meetings and / or contribution to the activities of the platform or its working groups if issues discussed involve their field of competence . ### the senior representatives referred to in article 1 shall liaise regularly with all national enforcement authorities and in accordance with national law or practice , the social partners and other actors which are involved in the prevention or deterrence of undeclared work or the regularisation of jobs . together they shall prepare , at national level , the activities and meetings related to the platform and its working groups , thereby ensuring a broad involvement of all stakeholders .


### representatives of the cross - industry social partners at union level , as well as social partners in sectors with a high incidence of undeclared work , ### a maximum of 14 representatives of social partners in sectors with a high incidence of undeclared work nominated by the social partners themselves , equally representing both sides of industry ,


### adopt non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work , ### adopt guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work ,


### three different national enforcement authorities are mainly involved with undeclared work : labour inspectorates , social security inspectorates and tax authorities . in some cases , migration authorities and employment services as well as customs authorities , the police , the public prosecutor ' s office and the social partners are also involved . ### often several different national enforcement authorities are mainly involved with curbing undeclared work : including labour inspectorates , social security inspectorates , health and safety inspectorates and tax authorities . in some cases , migration authorities and employment services as well as customs authorities , the police , the public prosecutor ' s office and the social partners are also involved . together with better enforcement of existing legislation , the authorities concerned should increasingly put in place incentives enabling the regularisation of jobs .


### a two - year work programme of the platform setting out , inter alia , its detailed tasks and regular reports of the platform in every two years , ### adopt an annual as well as a multiannual work programme of the platform setting out , inter alia , its detailed tasks of the platform and taking into account the evaluation of the activities undertaken in the previous year ,


### single point of contact each member state shall appoint one single point of contact as a member of the platform . they may also appoint one alternate member . in appointing their representatives , member states should involve all public authorities having a role in the prevention and / or deterrence of undeclared work , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they may also , in accordance with national law and / or practice , involve the social partners . member states shall provide the commission with the list and contact details of all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work . single points of contact shall liaise with all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work regarding the activities of the platform and guarantee their participation at the meetings and / or contribution to the activities of the platform or its working groups if issues discussed involve their field of competence . ### senior representatives each member state shall appoint a senior representative referred to in article 1 as member of the platform . it may also appoint a substitute to attend the meetings of the platform where necessary . in appointing a senior representative and a substitute , member states should involve all relevant bodies having a role in the tackling of undeclared work in a domestic or cross - border context , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they should also , in accordance with national law and / or practice , involve the social partners and other relevant actors . member states shall provide the commission with the list and contact details of all enforcement bodies and , in accordance with national law or practice , the social partners and other relevant actors which are involved in tackling undeclared work . the senior representatives referred to in article 1 shall liaise regularly with all national enforcement bodies and in accordance with national law or practice , the social partners and other relevant actors with a role in tackling undeclared work , thereby involving all stakeholders .


### the platform should involve the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound and european agency for safety and health at work . the involvement of eurofound and european agency for safety and health at work in the work of the platform as observers will not extend their existing mandates . ### the platform should involve the social partners at eu level , both cross - industry and in those sectors that are either severely affected by undeclared work or have a particular role in the tackling of undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and the organisation for economic cooperation and development , and union decentralised agencies .


### three different national enforcement authorities are mainly involved with undeclared work : labour inspectorates , social security inspectorates and tax authorities . in some cases , migration authorities and employment services as well as customs authorities , the police , the public prosecutor ' s office and the social partners are also involved . ### often several different national enforcement bodies and actors are involved with tackling undeclared work , including labour inspectorates , social security inspectorates and social security institutions , health and safety inspectorates and tax authorities . in some cases migration authorities and employment services as well as customs authorities , the police , the public prosecutor’s office and the social partners are also involved .


### in carrying out its tasks , the platform will make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it will establish appropriate cooperation with eurofound and eu - osha . ### in carrying out its tasks , the platform shall make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it shall establish appropriate cooperation with eurofound , particularly with regard to the development of an interactive knowledge bank as an additional task of the agency , as well as with eu - osha .


### the platform , as set out in article 1 , shall contribute to better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs , hence avoiding the deterioration of quality of work , and to promote integration in the labour market and social inclusion by : ### the overriding objective of the platform shall be to provide value - added input at union level to member states ' and union institutions ' efforts , together with the social partners , to successfully tackle the complex problem of undeclared work and the regularisation of jobs , and their manifold implications and consequences . the platform , as set out in article 1 , shall to that end contribute to better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs , hence avoiding the deterioration of quality of work , and to promote integration in the labour market and social inclusion by :


### in carrying out its tasks , the platform will make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it will establish appropriate cooperation with eurofound and eu - osha . ### in carrying out its tasks , the platform shall make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it shall establish appropriate cooperation with eurofound , particularly with regard to the development of an interactive knowledge bank , and eu - osha .


### in order to address undeclared work comprehensively and successfully , a policy mix is to be implemented in the member states , that is facilitated by structured cooperation between relevant authorities . the cooperation should include all national authorities which are leading and / or active in the prevention and / or deterrence of undeclared work . ### in order to address undeclared work comprehensively and successfully , an individually tailored policy mix should be implemented in the member states , based on structured cooperation between all relevant bodies . the cooperation should include all national authorities , representatives of the social partners , and may , where appropriate , include also other actors which are leading and / or active in tackling undeclared work and protecting undeclared workers . the support of the cooperation between relevant non - public actors is also essential in this context .


### establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , ### establish efficient tools , for instance an interactive knowledge bank of different practices / measures , including bilateral agreements used in the member states , to deter and prevent undeclared work , and the regularisation of jobs ,


### the strengthening of cooperation among member states at eu level is necessary to help member states to prevent and deter undeclared work more efficiently and effectively . ### the strengthening of active cooperation based on mutual assistance and transparency among member states at eu level is necessary to help member states to prevent and deter undeclared work more efficiently and effectively .


### the platform will aim to facilitate the exchange of best practices and information , provide a framework at eu level to develop expertise and analysis , and improve operational coordination of actions between the different national enforcement authorities of the member states . ### the platform should contribute to eliminating abuse of the principle of the free movement through undeclared work , to which end it should aim to facilitate and improve the exchange of experience and best practices and information , as well as to developing at eu level common understanding , expertise and analysis , including on new and emerging employment relationships . it should also enhance knowledge , thus creating a knowledge bank , study ways to improve data exchange , suggest joint training sessions and exchanges between labour inspectorates , foster effective control mechanisms and contribute to the improvement of operational coordination between the different national enforcement bodies of the member states . additionally , the platform will facilitate the sharing of best practices and information .


### improving cooperation between member states ' different enforcement authorities at eu level to prevent and deter undeclared work , including bogus self - employment , more efficiently and effectively , ### improving effective and close cooperation between member states ' different enforcement authorities and other actors involved at eu level to prevent and deter undeclared work , including bogus self - employment , more efficiently and effectively and to regularise jobs ,


### single point of contact each member state shall appoint one single point of contact as a member of the platform . they may also appoint one alternate member . ### senior representatives each member state shall appoint a senior representative referred to in article 1 as member of the platform . it may also appoint a substitute to attend the meetings of the platform where necessary .


### objectives the platform , as set out in article 1 , shall contribute to better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs , hence avoiding the deterioration of quality of work , and to promote integration in the labour market and social inclusion by : improving cooperation between member states ' different enforcement authorities at eu level to prevent and deter undeclared work , including bogus self - employment , more efficiently and effectively , improving member states ' different enforcement authorities ' technical capacity to tackle cross - border aspects of undeclared work , increasing public awareness on the urgency of action and encouraging member states to step up their efforts in dealing with undeclared work . ### objectives the overriding objective of the platform shall be to provide value - added input at union level to member states ' and union institutions ' efforts to successfully tackle the complex problem of undeclared work and its manifold implications and consequences including the encouraging and promoting of declared work . the platform , as set out in article 1 , shall to that end contribute to an improvement and better enforcement of eu and national law , to the reduction of undeclared work and the emergence of formal jobs . it shall thus help to achieve the union ' s employment targets , providing a more effective european framework for employment and workplace health and safety . avoiding thereby the deterioration of quality of work , it shall promote integration in the labour market and social inclusion by : improving effective and close cooperation between member states ' relevant enforcement bodies and other actors involved at union level to prevent , deter and combat undeclared work in all its forms , including bogus self - employment , more efficiently and effectively , assisting member states ' different enforcement bodies ' to effectively tackle and resolve cross - border aspects of undeclared work and the related unfair competition and market distortions , increasing public awareness of the issues related to undeclared work and the need for appropriate action as well as encouraging member states to urgently step up their efforts in tackling undeclared work ,


### in order to address undeclared work comprehensively and successfully , a policy mix is to be implemented in the member states , that is facilitated by structured cooperation between relevant authorities . the cooperation should include all national authorities which are leading and / or active in the prevention and / or deterrence of undeclared work . ### in order to address undeclared work comprehensively and successfully , a gender mainstreamed policy mix should be implemented in the member states based on structured cooperation between all relevant bodies and actors . the cooperation should include all bodies and actors which are leading and / or active in the prevention and / or deterrence of undeclared work . particular attention should be paid to hidden or underestimated areas of undeclared work such as in the sector of domestic work .


### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . ### at the same time , undeclared work has serious budgetary implications through decreased tax and social security revenues , thus undermining the financial sustainability of social protection systems . furthermore , it negatively impacts on both employment and productivity , leading to unfair competition which distorts the market and has damaging effects on the economy in general . the european platform should pay particular attention to the fact that smes , who make up the large majority of european companies , are particularly affected by this problem . in addition , illegal drawing of benefits and social dumping may be among the direct consequences of undeclared work .


### coordinate cross - border operational actions . ### encourage and facilitate practical , effective and efficient cross - border operational actions .


### develop permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings , ### develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings in accordance with ilo labour inspection convention no 81 .


### single point of contact each member state shall appoint one single point of contact as a member of the platform . they may also appoint one alternate member . in appointing their representatives , member states should involve all public authorities having a role in the prevention and / or deterrence of undeclared work , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they may also , in accordance with national law and / or practice , involve the social partners . member states shall provide the commission with the list and contact details of all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work . single points of contact shall liaise with all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work regarding the activities of the platform and guarantee their participation at the meetings and / or contribution to the activities of the platform or its working groups if issues discussed involve their field of competence . ### senior representatives each member state shall appoint a senior representative referred to in article 1 as member of the platform . it may also appoint a substitute to attend the meetings of the platform where necessary . in appointing a senior representative and a substitute , member states should involve all relevant bodies having a role in the tackling of undeclared work in a domestic or cross - border context , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they should also , in accordance with national law and / or practice , involve the social partners and other relevant actors . member states shall provide the commission with the list and contact details of all enforcement bodies and , in accordance with national law or practice , the social partners and other relevant actors which are involved in tackling undeclared work . the senior representatives referred to in article 1 shall liaise regularly with all national enforcement bodies and in accordance with national law or practice , the social partners and other relevant actors with a role in tackling undeclared work , thereby involving all stakeholders .


### the commission will take the necessary administrative steps to set up the network . ### the commission will take the necessary administrative steps to set up the platform .


### representatives of the social partners representatives of the social partners at cross - industry level , as well as from sectors with high incidence of undeclared work may attend meetings of the platform as observers , according to the procedures determined by their organisations . on the basis of the proposals from cross - industry and sectoral social partners at union level , this group of observers shall be composed of : a maximum of 8 observers representing social partners at cross - industry level , a maximum of 10 observers representing social partners in sectors with a high incidence of undeclared work . ### representatives of the social partners representatives of the social partners at cross - industry level , as well as from sectors with high incidence of undeclared work may attend meetings of the platform as observers , according to the procedures determined by their organisations . on the basis of the proposals from cross - industry and sectoral social partners at union level , this group of observers shall be composed of : a maximum of 4 observers representing social partners at cross - industry level , a maximum of 14 observers representing social partners in sectors with a high incidence of undeclared work .


### the platform shall be composed of : national enforcement authorities as nominated by all the member states , the commission . ### the platform shall be composed of : one senior representative nominated by each member state , representing national enforcement bodies and / or other actors involved in the tackling of undeclared work , with a mandate to participate in all activities related to the platform on behalf of the member state , the commission ,


### cooperation the platform shall work , as appropriate , in cooperation with other relevant union level expert groups and committees , whose work has a link with undeclared work , in particular the senior labour inspectors committee , the expert committee on posting of workers , the administrative commission for social security coordination , the employment committee , the social protection committee and the working group on administrative cooperation in the field of taxation . joint meetings may also be organised . ### cooperation the platform shall work , as appropriate , in cooperation with other relevant union level expert groups and committees , whose work has a link with undeclared work , in particular the senior labour inspectors committee , the expert committee on posting of workers , the administrative commission for social security coordination , the h5ncp eu platform , the employment committee , the social protection committee and the working group on administrative cooperation in the field of taxation . in the interest of more efficient working and enhanced impact , joint meetings may be organised , the minutes of which shall be forwarded to the european parliament and the council within a reasonable time . any duplication with work done by other bodies at union level is to be avoided . to this end transparency and the sharing of information is essential .


### establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , ### establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to tackle undeclared work ,


### develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work , including preventive and punitive as well as deterrence measures in general , ### analyse the effectiveness of different policy measures in curbing the incidence of undeclared work , including prevention and deterrence as well as enabling measures in general ,


### article 151 of the treaty sets out as objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market and the combating of social exclusion . ### article 151 of the treaty on the functioning of the european union sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market , and combating social exclusion . in accordance with article 153 tfeu , the union should adopt measures to encourage cooperation between member states .


### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of undeclared work by means of common concepts , measurement tools and promotion of joint comparative analysis and related relevant indicators , develop the analysis of effectiveness of different policy measures in curbing the incidence of undeclared work , including preventive and punitive as well as deterrence measures in general , establish tools , for instance a knowledge bank of different practices / measures , including bilateral agreements used in the member states to deter and prevent undeclared work , adopt non - binding guidelines for inspectors , handbooks of good practice and common principles of inspections to tackle undeclared work , develop forms of cooperation increasing the technical capacity to tackle cross - border aspects of undeclared work by adopting a common framework for joint operations for inspections and exchange of staff , examine ways to improve data sharing in compliance with the union data protection rules , including exploring possibilities to use of the internal market information system and the electronic exchange of social security information . develop permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings , organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council . increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . in carrying out its tasks , the platform will make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . it will establish appropriate cooperation with eurofound and eu - osha . ### tasks for the execution of its mission , the platform shall in particular carry out the following tasks : improve the knowledge of all forms of undeclared work , also with regard to causes and regional differences , by means of common concepts , including comprehensive definitions of existing and new forms of undeclared work , indicators and methodologies for data collection , measurement tools and promotion of joint comparative analysis and research , improve the knowledge and mutual understanding of different national labour inspection systems and practices to tackle undeclared work , the consequences of undeclared work , including cross - border undeclared work , with regard to unfair competition and market distortions , as well as the precarious working conditions endured by persons in undeclared work , analyse the effectiveness and consequences of different policy measures , such as prevention and deterrence as well as enabling measures encouraging and promoting declared work , in curbing the incidence of undeclared work , establish efficient tools , for instance an interactive knowledge bank of different practices / measures based on the application in different labour market models , including bilateral and multilateral agreements used in the member states , to tackle undeclared work , develop guidelines for enforcement , handbooks of good practice and common principles of inspections to tackle undeclared work and monitor progress made on the implementation of guidelines , develop close cooperation in order to improve the capability of national labour inspection systems regarding controls and tackling cross - border aspects of undeclared work by means of actions such as joint operations , relevant databases and staff exchanges , draw up and publish information to facilitate the activities of national labour inspection systems , develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the union data protection rules , including exploring possibilities to make use of the internal market information system established by regulation no 1024 / 2012 of the european parliament and of the council1a and the electronic exchange of social security information , contribute to the identification of areas related to undeclared work where union legislation is not achieving its intended objectives . develop and improve the permanent training capacity for enforcement authorities and adopt a common framework for carrying out joint trainings . put forward suggestions to the commission , the european parliament and the council for inclusion in the country - specific recommendations of appropriate action addressing the particular aspects of tackling undeclared work as well as the effects of non - action in the member states concerned . organise peer reviews to follow member states progress when fighting undeclared work , including support for the implementation of country - specific recommendations related to fight or prevent undeclared work issued by the council and promote appropriate action , give opinions and suggestions to the commission , the european parliament or the council on issues relating to better regulation and the enforcement of union legislation on working conditions and social protection in member states related to the tackling of undeclared work as well as relating to the effects of non - action , encourage active cooperation between the enforcement authorities of member states and non - eu countries , where relevant , in order to resolve problems related to undeclared work involving these countries , increase awareness of the problem by carrying out common activities such as european campaigns and adopting regional or eu wide strategies , including sectoral approaches . encourage national authorities and other bodies to provide counselling and information for workers victimised by practices of undeclared work , in carrying out its tasks , the platform shall make use of all relevant sources of information , including studies and multilateral cooperation projects and take into account relevant union instruments and structures , as well the experience of relevant bilateral agreements . the platform shall establish appropriate cooperation with eurofound as well as with eu - osha . 1a regulation 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


### a platform to enhance eu cooperation in the prevention and deterrence of undeclared work , hereinafter referred to as ' the platform ' , is hereby established . ### a european platform to enhance cooperation at union level in tackling undeclared work , , is hereby established .


### single points of contact shall liaise with all enforcement authorities which are involved in the prevention and / or deterrence of undeclared work regarding the activities of the platform and guarantee their participation at the meetings and / or contribution to the activities of the platform or its working groups if issues discussed involve their field of competence . ### the senior representatives referred to in article 1 shall liaise regularly with all national enforcement authorities and in accordance with national law or practice , the social partners and other actors which are involved in the prevention or deterrence of undeclared work or the regularisation of jobs . together they shall prepare , at national level , the activities and meetings related to the platform and its working groups , thereby ensuring a broad involvement of all stakeholders .


### improving member states ' different enforcement authorities ' technical capacity to tackle cross - border aspects of undeclared work , ### improving member states ' different enforcement authorities ' capacity to tackle and resolve cross - border aspects of undeclared work and the related unfair competition and market distortions ,


### the european parliament in its resolution on ' effective labour inspections as a strategy to improve working conditions in europe ' welcomed the commission ' s initiative to create a european platform and called for enhanced cooperation at eu level to fight undeclared work1 . __________________ 1 european parliament resolution of 14 january 2014 on effective labour inspections as a strategy to improve working conditions in europe http : / / www . europarl . europa . eu / oeil / popups / ficheprocedure . do ? lang=en&amp ; reference=2013 / 2112 ### the european parliament in its resolution on effective labour inspections as a strategy to improve working conditions in europe welcomed the commission ' s initiative to create a european platform and called for enhanced cooperation at eu level to tackle undeclared work1 leading to unfair competition which distorts the market . __________________ 1 ta 0012 .


### in order to address undeclared work comprehensively and successfully , a policy mix is to be implemented in the member states , that is facilitated by structured cooperation between relevant authorities . the cooperation should include all national authorities which are leading and / or active in the prevention and / or deterrence of undeclared work . ### in order to address undeclared work comprehensively and successfully , an individually tailored policy mix should be implemented in the member states , based on structured cooperation between all relevant bodies . the cooperation should include all national authorities , representatives of the social partners , and may , where appropriate , include also other actors which are leading and / or active in tackling undeclared work and protecting undeclared workers . the support of the cooperation between relevant non - public actors is also essential in this context .


### in appointing their representatives , member states should involve all public authorities having a role in the prevention and / or deterrence of undeclared work , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they may also , in accordance with national law and / or practice , involve the social partners . ### in appointing a senior representative and a substitute , member states should involve all public authorities having a role in the prevention and / or deterrence of undeclared work and the regularisation of jobs in a domestic or cross - border context , such as labour inspectorates , social security authorities , tax authorities , employment services and migration authorities , hereinafter referred to as ' enforcement authorities ' . they shall also , in accordance with national law and / or practice , involve the social partners and other relevant actors .


### representatives of the cross - industry social partners at union level , as well as social partners in sectors with a high incidence of undeclared work , ### a maximum of 14 representatives of social partners in sectors with a high incidence of undeclared work nominated by the social partners themselves , equally representing both sides of industry ,


### undeclared work has serious budgetary implications through decreased tax and social security revenues . it has negative impacts on employment , productivity , compliance with working conditions ' standards , skills development and life - long learning . it undermines the financial sustainability of social protection systems , deprives workers of adequate social benefits and results in lower pension rights and less access to healthcare . ### at the same time , undeclared work has serious budgetary implications through decreased tax and social security revenues , thus undermining the financial sustainability of social protection systems . furthermore , it negatively impacts on both employment and productivity , leading to unfair competition which distorts the market and has damaging effects on the economy in general . the european platform should pay particular attention to the fact that smes , who make up the large majority of european companies , are particularly affected by this problem . in addition , illegal drawing of benefits and social dumping may be among the direct consequences of undeclared work .


### the european parliament in its resolution on ' effective labour inspections as a strategy to improve working conditions in europe ' welcomed the commission ' s initiative to create a european platform and called for enhanced cooperation at eu level to fight undeclared work . 1 ____________________________________________________27 european parliament resolution of 14 january 2014 on effective labour inspections as a strategy to improve working conditions in europe http : / / www . europarl . europa . eu / oeil / popups / ficheprocedure . do ? lang=en&amp ; reference=2013 / 2112 ### the european parliament in its resolution on ‘ effective labour inspections as a strategy to improve working conditions in europe’ welcomed the commission’s initiative to create a european platform and called for enhanced cooperation at union level to tackle undeclared workwhich is damaging the european economy , leading to unfair competition and market distortions , endangering the financial sustainability of the european social models and resulting in an increasing lack of social and employment protection for workers . to this end the european platform should enhance the exchange of experiences and good practices , provide up - to - date , objective , reliable and comparative information , enhance cross - border cooperation and identify and keep a record of letter - box companies and similar operations . ____________________________________________________27 european parliament resolution of 14 january 2014 on effective labour inspections as a strategy to improve working conditions in europe http : / / www . europarl . europa . eu / oeil / popups / ficheprocedure . do ? lang=en&amp ; reference=2013 / 2112


### the platform should involve the social partners at eu level , both cross - industry and in those sectors more severely affected by undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and union decentralised agencies , in particular eurofound and european agency for safety and health at work . the involvement of eurofound and european agency for safety and health at work in the work of the platform as observers will not extend their existing mandates . ### the platform should involve the social partners at eu level , both cross - industry and in those sectors that are either severely affected by undeclared work or have a particular role in the tackling of undeclared work , and cooperate with relevant international organisations , such as the international labour organisation , and the organisation for economic cooperation and development , and union decentralised agencies .


### review four years after its entry into force , the commission shall submit a report on the application of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions . the report shall in particular assess to what extent the platform has contributed to the achievement of the objectives set out in article 2 and fulfilled the tasks as set out in article 3 and in work programmes of the platform . ### review four years after its entry into force , the commission shall submit a report , after consultation with the platform , on the application and the added value of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions . the report shall in particular assess to what extent the platform has contributed to the achievement of the objectives set out in article 2 , fulfilled its mission as set out in article 3 , carried out the tasks as set out in article 4 and addressed the priorities set out in the work programmes of the platform . it shall also identify shortcomings and put forward respective proposals on the functioning of the platform if deemed appropriate .


### article 151 of the treaty sets out as objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market and the combating of social exclusion . ### article 151 of the treaty on the functioning of the european union sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions . with a view to achieving these objectives , the union can support and complement the activities of member states in the fields of health and safety at work , working conditions , the integration of persons excluded from the labour market , and combating social exclusion , while excluding any harmonisation of national laws and regulations . in accordance with article 153 tfeu , however , the union may adopt measures to encourage cooperation between member states .


### examine ways to improve data sharing in compliance with the union data protection rules , including exploring possibilities to use of the internal market information system and the electronic exchange of social security information . ### examine and propose ways to develop a reliable and efficient system of rapid information exchange and improve data sharing in compliance with the union data protection rules , including exploring possibilities to make use of the internal market information system established by regulation no 1024 / 2012 of the european parliament and of the council1a and the electronic exchange of social security information , ________________ 1a regulation 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