2009/17/EC: Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers
Date: 2008-12-19
Institutions: European Commission
Subjects: access to information, fact-finding mission, labour mobility, provision of services, worker (EU)

L 8/26

EN

Official Journal of the European Union

13.1.2009

COMMISSION DECISION

of 19 December 2008

setting up the Committee of Experts on Posting of Workers

(2009/17/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Whereas:

(1)

(2)

(3)

as

clear

regards

obligations

Directive 96/71/EC of the European Parliament and of
the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision
services (1), and in particular Article 4 thereof,
of
cooperation
imposes
the
between national administrations, and makes
it
the
to create
responsibility of
necessary
This
Directive furthermore sets out a clear obligation for the
Member States to take the appropriate measures to make
the
and conditions of
employment generally available, not only to foreign
service providers, but also to the posted workers
concerned.

information on the

the Member States

cooperation.

conditions

terms

such

for

the

and

European

the European
In its Communication to the Council,
Parliament,
Social
Economic
Committee and the Committee of Regions ‘Posting of
workers in the framework of the provision of services:
maximising its benefits and potential while guaranteeing
the protection of workers’ (2) of 13 June 2007,
the
Commission announced its intention to set up a high
the
level Committee in order
Member States
in identifying and exchanging good
practices, to institutionalise the current informal Group
of Government Experts and to formally involve social
partners regularly.

to support and assist

In its Recommendation of 3 April 2008 on enhanced
administrative cooperation in the context of posting of
workers in the framework of the provision of services (3),
the Commission indicated that the Member States should
participate actively in a systematic and formal process of
identification and exchange of good practices in the field
of posting of workers through any forum of cooperation
established by the Commission to that end.

(1) OJ L 18, 21.1.1997, p. 1.
(2) COM(2007) 304 final.
(3) OJ C 85, 4.4.2008, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

The Council conclusions of 9 June 2008 invited the
Commission to institutionalise the informal group on
the posting of workers by setting up a committee of
experts.

conclusions,

The Committee to be set up should, according to the
same Council
engage with the public
bodies responsible for control, such as labour inspec­
torates, as well as, at appropriate levels and in accordance
law and practice, formally and regularly
with national
involve the social partners,
in particular representatives
of the social partners in sectors with a high incidence of
recourse to posted workers.

It is therefore necessary to set up a Committee of experts
in the field of posting of workers and to define its tasks,
responsibilities and structure.

The Committee of experts should, inter alia, support and
assist Member States
in identifying and exchanging
experience and good practice, promote the exchange of
relevant information, examine any questions and diffi­
culties which might arise in the practical application of
the posting of workers legislation, as well as its enforce­
in practice, and closely follow the progress
ment
achieved in improving both access to information and
administrative cooperation, including the development of
a possible electronic information exchange system.

The Committee should be composed of experts represen­
ting the national authorities, which in each Member
State, are responsible for,
in charge of, or involved in
the implementation, application and monitoring of the
rules applicable to the posting of workers
in the
framework of
the provision of services. Such experts
should be able to reflect the full range of knowledge,
competences and experience across the different policy
law and
areas concerned.
practice, specialised bodies responsible for the control
of legislation, such as labour inspectorates, as well as
social partners, could be represented in the Committee.

In accordance with national

The Committee should also formally and regularly
involve the social partners at European level, in particular
those representing sectors with a higher incidence of
construction,
recourse
temporary
and
transport.
should also be able to rely on the
expertise of professionals with specific competences on
a particular matter included as an item of its agenda.

to posted workers,
agency work,
It

agriculture

such as

catering,

13.1.2009

EN

Official Journal of the European Union

L 8/27

(10)

(11)

(12)

(13)

the EEA/EFTA States,

the EFTA
Representatives of
Surveillance authority, accession and candidate countries
and Switzerland should be permitted to participate as
observers.

Rules on disclosure of information by members should
be provided for, without prejudice to the Commission’s
rules on security as set out in the Annex to Commission
Decision 2001/844/EC, ECSC, Euratom (1).

5. monitor the progress achieved in improving both access to
information and administrative cooperation, and in that
context, inter alia, assess the different options for a suitable
technical support for the information exchange needed to
enhance administrative cooperation, including an electronic
information exchange system;

6. examine possibilities to increase effective compliance with,
and enforcement of workers’ rights and protection of their
position, if necessary;

Parliament

Personal data relating to members should be processed in
the
accordance with Regulation (EC) No 45/2001 of
of
Council
European
18 December 2000 on the protection of
individuals
with regard to the processing of personal data by the
Community institutions and bodies and on the free
movement of such data (2).

and

the

of

7. engage in an in-depth examination of practical cross-border
enforcement problems in order to solve existing problems,
application
improve
legal
to improve mutual assistance
as well
instruments
between Member States, if necessary.

practical
as

existing

the

of

expenses occurred should be

The
financed under
Decision No 1672/2006/EC of the European Parliament
and of the Council of 24 October 2006 establishing a
Community Programme for Employment and Social Soli­
darity — Progress (3),

Article 3

Membership — Appointment

Each Member State shall appoint two representatives to

1.
the Committee. They may also appoint two substitutes.

HAS DECIDED AS FOLLOWS:

Article 1

An expert Committee entitled ‘Committee of Experts on Posting
of Workers’, hereinafter referred to as ‘the Committee’, is hereby
set up.

Article 2

Tasks

The tasks of the Committee shall be to:

1. support and assist

the Member States in identifying and
promoting the exchange of experience and good practices;

the public bodies,

representatives, Member States

In appointing their
involve
responsible for the control of
posted workers. They may also,
law and/or practice, involve the social partners.

should
inspectorates,
the legislation applicable to
in accordance with national

such as

labour

2.
Representatives of the two sides of industry at Community
level, as well as representatives of the social partners in sectors
with a high incidence of recourse to posted workers may attend
the Committee as observers, according to the
meetings of
procedures
the
determined
Commission.

organisations

their

and

by

2. promote the exchange of relevant

including
information on existing forms of (bilateral) administrative
cooperation between the Member States and/or
social
partners;

information,

The representatives shall be appointed by the Commission,
acting upon proposal
from the relevant social partners at
Community or sectoral level.

3. examine any questions, difficulties and specific issues which
might arise concerning the implementation and practical
application of Directive 96/71/EC or the national implemen­
ting measures, as well as its enforcement in practice;

This group of observers shall comprise up to a maximum of 20
members composed as follows:

4. examine any difficulties which might arise in the application

Community level,

of Article 3(10) of Directive 96/71/EC;

— five members

representing employers’ organisations at

(1) OJ L 317, 3.12.2001, p. 1.
(2) OJ L 8, 12.1.2001, p. 1.
(3) OJ L 315, 15.11.2006, p. 1.

— five members

representing workers’ organisations

at

Community level,

L 8/28

EN

Official Journal of the European Union

13.1.2009

— a maximum of 10 representatives of the social partners
(divided evenly between employers’ and workers’ organis­
ations)
in sectors with a high incidence of recourse to
posted workers.

The Committee shall adopt its rules of procedure on the
the standard rules of procedures adopted by the

5.
basis of
Commission.

Representatives of

3.
the EFTA
Surveillance Authority, accession and candidate countries and
Switzerland may equally attend meetings of the Committee as
observers.

the EEA/EFTA States,

4.
The names of members are to be collected, processed and
published in accordance with the provisions of Regulation (EC)
No 45/2001 of the European Parliament and of the Council.

Article 4

Operation

1.

The Committee shall be chaired by the Commission.

In agreement with the Commission, sub-groups may be
2.
set up to examine specific issues under terms of reference estab­
lished by the Committee. Such sub-groups shall be dissolved as
soon as their mandates are fulfilled.

representatives of

In agreement with the Commission, experts, who may
3.
include
international organisations with
specific competence in a subject under discussion, may be
invited on a case-by-case basis to participate in the Committee’s
or sub-group’s deliberations if this is useful and/or necessary.

4.
The Committee and its sub-groups shall normally meet on
Commission premises in accordance with the procedures and
schedule laid down. It may be called upon to meet in other
locations,
in particular on a proposal from a Member State
wishing to host the Committee or one of its sub-groups in
the
connection with an event of particular
Committee, its sub-group(s) or that Member State.

interest

for

Information obtained through participating in the delib­
6.
erations of the Committee or a sub-group shall not be divulged
if, in the opinion of the Commission, that information relates to
confidential matters.

The Commission may publish on the Internet,

in the
7.
original
language of the document concerned, any summary,
conclusion or partial conclusion or working document of the
Committee.

Article 5

Reimbursement of expenses

The Commission shall reimburse travel and, where appropriate,
subsistence expenses for members, observers and invited experts
in connection with the Committee’s activities in accordance
with the Commission’s rules on compensation for external
experts.

The members, observers and invited experts shall not be remu-
nerated for the services they render.

The needs for human and administrative resources shall be
covered within the allocation that can be granted to the
managing Directorate-General in the framework of the annual
allocation procedure in the light of budgetary constraints.

Article 6

Entry into force

This Decision shall take effect on the day of its publication in
the Official Journal of the European Union.

Done at Brussels, 19 December 2008.

The Commission shall provide
services. Other
Commission officials with a specific interest in the proceedings
may attend meetings of the Committee and its sub-groups.

secretarial

For the Commission

Vladimír ŠPIDLA
Member of the Commission