Posting Of Workers

No, you do not have to submit a posting declaration when your driver performs solely bilateral operations. Drivers are not considered to be posted when carrying-out bilateral operations so there is no need to submit of posting declaration. Drivers are also not considered as posted when they transit through a Member State without loading or unloading goods.

However, if your driver also performs other types of operations (e.g., cabotage) in/from/to the Member State other than Member State of establishment, he/she will then be considered as posted to that Member State and you should submit a posting declaration for that driver to the Member State when the driver will be posted.

No, you must first create a new EU login account or sign up to your existing one to be able to create a company account.

EU Login replaces the need to manage user and passwords within the Portal. Your EU Login account is personal. Each user of the portal must have an individual account to login.

It is important to bear in mind that it is not possible to create two accounts for the same company. Therefore, you should carefully keep the information about your company account when creating it.

If the portal displays a message saying that your company account already exists, you may do the following:

• Please check that all the data you have entered is correct. You may have entered another company’s data by mistake.
• Please check internally in your company whether one of your colleagues has already created an account. If so, ask the creator of the company account to invite you to the portal via the ‘User Management’ menu.
• After these checks, if the error persists, please contact the support team available via the Help page.

The creator of the company account can invite as many users as needed via the ‘User Management’ menu of the portal.

The portal provides notification related to all activities performed on the system. The overall notification panel is available on the dashboard under the Bell icon

Each object on the portal (account, driver, declaration, request for document) tracks activities and history of changes

Please note that each user invited to a company account has full administrator control over the account (users can create, modify, delete, submit) – same permissions as the creator of the account

Yes, it is possible for one user to manage several company accounts.

For practical reasons, the portal has been designed for one user to manage a maximum of 100 company accounts. Those companies are displayed on the Company account selection page

A user can easily switch from one account to another by user the ‘switch company account’ option under the user avatar (top right of the portal banner)

In the event a user would need to manage more than 100 company accounts, we recommend the creation of multiple EU Login accounts.

All users of a company account receive the same notifications (notification about account or user changes, request for supporting documents…)

Email notification settings can be managed to determine the frequency of reception (see CNS settings at the bottom of each email notification received from the portal)

In case of request for additional document, an alert is sent and displayed on the portal, a key indicator is raised on the dashboard, an email is sent to all users of the company account.

Article 1(11)(a)(ii) of Directive (EU) 2020/1057 requires operators to indicate on the posting declaration ‘the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authorities of the host Member State in which the services are provided. ‘Therefore, the operator cannot put the name of a person from a representative office in the host Member State where the driver is posted.

For the moment, it is not possible to enter the contact details of more than one transport manager. It is always possible to add a second transport manager in the section ‘other contact person’ if relevant. We will investigate the possibility of adding multiple transport managers in the future if this functionality is reported as needed.

The portal offers the possibility to bulk import drivers in the company account via an excel template.

The excel template can be find in the ‘Driver’ menu under the ‘Upload driver(s)’ option. This functionality allows uploading several hundred of drivers at the same time. If your import file is too large and the process is taking too long, it is possible that the portal will display a time-out message, please wait. The import will continue in the background. Please monitor the list of drivers to confirm the total count is increasing.

There is no limitation on a number of number plates that can be added in a posted declaration. Please note that you are only required to enter the number plates of the motor vehicle (and not the trailer). However, we would not encourage companies to enter a high number of driving license plates (e.g., 200) as this would be very difficult for controllers at the roadside to read the posting declaration and could potentially lead to very long checks of drivers.

If drivers tend to change license plates of motor vehicles regularly, we advise to update the declaration when you know which vehicle number will be used.

If your driver regularly uses the same vehicles, you can easily re-use this information by copying the declaration.

If some information appearing on a posting declaration is incorrect, you need to amend this information in the driver’s profile. As a result, all on-going posting declarations will be amended accordingly. You will therefore not have to replace this information manually on each declaration, the system will do that automatically.

In this example, it means that you only must replace the old ID card number with the new one in the driver’s profile and save this information. Following this, all the on-going posting declarations will be amended, and the new ID number will appear of them as well as on any future declaration you may create.

So far, the Road Transport Posting Declaration portal does not expose API (Application Programming Interface) allowing communicating programmatically with other systems

The form of the posting declaration available on the portal includes all the mandatory information than operators must provide in accordance with Directive (EU) 2020/1057. Those mandatory fields are indicated by a red asterisk in the form on the portal. They are as follows according to the legislation:

1. the identity of the operator, at least in the form of the number of the Community licence where this number is available.
2. the contact details of a transport manager or other contact person in the Member State of establishment to liaise with the competent authorities of the host Member State in which the services are provided and to send out and receive documents or notices.

iii. the identity, the address of the residence and the number of the driving licence of the driver.

1. the start date of the driver’s contract of employment, and the law applicable to it.
2. the envisaged start and end date of the posting.
3. the number plates of the motor vehicles.

vii. whether the transport services performed are carriage of goods, carriage of passengers, international carriage or cabotage operations.

This posting declaration form also includes additional information that is not mandatory to fill-in but that you are advised to provide if available (e.g., the company’s VAT number, the driver’s driving license number etc).

Please note that you will only be able to validate the posting declaration form once all mandatory fields are filled in. If some mandatory fields are missing, not be able to save the declaration. A red mention will be displayed under the respective field indicating that this information is required.

The portal provides a multilingual form where you can fill-in and submit posting declarations in one of the 24 EU official languages. You can choose the language of your choice and you do not need to submit the posting declaration in the language of the country where your driver is posted. Once you declaration is submitted, the authority of the country where your driver is posted, will be able to read your declaration in the language of their choice.

A posting declaration can be done for a minimum period of one day up to a maximum period of 6 months.

After the maximum period of 6 months, a new posting declaration must be created. Users can easily reuse the information from another posting declaration by using the functionality ‘copy’. This will avoid the re-entry of the same data when posting the same driver to multiple countries and when a driver is posted a Member State for more than six months.

The duration of a posting can be from 1 day to 6 months. The end date of a declaration can be extended until it reaches the 6 months maximum duration. If the driver is in a situation of ‘posting’, even for a trip of less than 24h, the driver must be covered by a declaration

The posting declaration is a document attesting for drivers’ activities on the territory of a host Member State covering a period ranging from one day up to six months.

In the example mentioned in the question, you may submit one single posting declaration covering a six-month period or may also choose to submit separate declarations for each posting situation.

Given that operators may not always know in advance what operations their drivers will carry out in the next six months, the recommended option would be to use posting declarations covering longer periods if the driver is regularly posted to that Member State.

Some specific fields of the posting declaration may be amended even if the posting declaration has already been submitted. This is the case for the field ‘type of operations’ (i.e., cabotage/international carriage) which can be amended for declarations that have already been submitted.

However, to avoid unnecessary administrative burden, it is recommended to select both types of operations when submitting the posting declaration. This will avoid having to modify the declaration and sending it again to the driver in case unexpected operations arise in a certain Member State (e.g. cabotage opportunity). Even if, in the end, your driver does not carry any cabotage, you are allowed to put both types of operations on your declaration to be covered in case there is an unexpected change of plans.

As mentioned above, the maximum duration of a posting declaration is 6 months. If you wish to renew a posting declaration which duration is less than 6 months, you can do so by editing the declaration and amending the end date.

In case a declaration has already been submitted with a 6-month validity period, then a new one declaration would have to be generated.

It is only possible to edit the ‘end date’ field if the original declaration was done for less than 6 months.

Cabotage and non-bilateral international carriage (also known as ‘cross-trade’) are the operations for which drivers are considered as posted. During bilateral and transit operations, drivers are not considered as posted and do not need a posting declaration. Therefore only operations qualified as posted can be selected.

Operators must submit a posting declaration to the national competent authorities of a Member State to which the driver is posted at the latest at the commencement of the posting.

Operators therefore risk fines if they submit the posting declaration when the driver is already posted.

Operators are required to ensure that the driver has at his disposal a copy of the posting declaration submitted in paper or electronic form. Thus, the portal allows users to print declarations but also to send them by email.

To save time, it is also possible to enter the driver’s email address directly in his profile or at the moment of the creation of the posting declaration.

Thanks to this, the system will send an email with an electronic copy of the declaration directly to the driver’s email address. The driver will also automatically receive any modified version of the posting declaration in case changes are made and submitted to the authority.

Article 1(11)(c) of Directive (EU) 2020/1057 provides for the exhaustive list of documents that may be requested by national authorities as part of a request for documents to check compliance with the posting rules. The copies of documents that can be requested are as follows:

– evidence of the transport operations taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009;

– the tachograph records and in particular the country symbols of the Member States in which the driver was present when carrying out international road transport operations or cabotage operations, in accordance with registration and record-keeping requirements under Regulations (EC) No 561/2006 and (EU) No 165/2014, documentation relating to the remuneration of the driver in respect of the period of posting.

– the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC;

– timesheets relating to the driver’s work, and

– proof of payments.

Operators may be asked to provide documents for a period from one day up to 12 months from the date of the request for documents.

The request for documents will be sent to the operator’s account in the public interface where an icon indicating a new incoming request will pop-up. In addition, all registered account users will also receive an email notification, on their registered email address, whenever a request is sent to the account.

Operators only must send those documents if they receive in the interface a request for documents from a competent authority of a Member States where their driver was posted.

This is provided by Article 1(11)(c) of Directive (EU) 2020/1057 which lays down an obligation for the operator to send via the public interface connected to IMI, after the period of posting, at the direct request of the competent authorities of the Member States copies of documents

Operators can display the portal in the language of their choice out of the 24 EU official languages. This means that, when they receive a request for documents from an authority where their driver was posted, they can see the information in their preferred language.

The interface also provides for a chat functionality to allow the operator and the host authority to ass clarification by writing if necessary. This chat also offers automatic translation in the 24 official EU languages

No, there is no obligation on operators to translate the requested documents into the language of the host Member State.

The portal accepts the following supporting document formats : .bmp, .clp, .dcx, .doc, .docx, .gif, .htm, .html, .img, .jif, .jpeg, .jpg, .mac, .msg, .msp, .odt, .pct, .pcx, .pdf, .png, .ppm, .ppt, .pptx, .psp, .raw, .rtf, .tif, .tiff, .txt, .wpg, .wps, .xls, .xlsx, .xml, .zip.

If the format of the document you want to upload is not supported, please zip the document before attaching it.

Issues relating to remuneration is a national matter. We therefore you must visit the website of the Member State is posted to read about this information.

A posting declaration is a document announcing that your driver will be posted to a certain Member State over a certain period.

However, operators must be aware that any posting declaration submitted to a national authority may give rise to checks via requests for documents, even in cases when no operation was carried in that Member State.

For instance, in case an operator submitted a posting declaration for a driver for a period of one month but that the driver did not go to that Member State and was not posted there, the authorities of that Member States are allowed to check that period which was declared as posting. In that case, the operator will have to send the requested documents (e.g., tachograph records) to show to that Member State that the driver was not posted there.

Whenever a new document is requested by a competent authority, the operator should benefit from this 8-week period set out in the law. Thus, in cases where the authority would request additional documents, the 8-week period should start from the date on which additional documents were requested.

Given that the transport operators will be subject to checks on posting, they should be entitled to know the outcome of those checks and be notified of whether an infringement has been identified or not, so they can expect to receive a formal notification in accordance with the practice of the host Member State. There is no legal requirement to express the exact infringement or exact amount of the fine, but the operator should get an indication on whether the checks are complete, and everything is in order or whether an infringement was identified.

Please note that this is not the formal notification (fine where applicable). As an operator, this formal notification will be sent by authorities via their preferred channel.

As an operator, it is your legal obligation to reply to requests for documents from the national authorities where your driver was posted, within 8 weeks from the date of the request. If you fail to do so, the authorities of the host Member State will notify the authorities of your Member State of establishment which will then contact you to get the documents via, for instance, organising checks at the premises of your company.

In cases where the operator does not submit the requested documents within eight weeks following the request from the host Member State, the host Member State may request assistance from the home Member State. In which case, the competent authorities of the home Member State will be given access to the same information as the host Member State. The home Member State will be able to see the posting declaration, the request for documents from the host Member State and any information and documents already provided.

During a roadside check, the authority of the Member State where your driver is posted, can request the following documents:

– the copy of the posting declaration submitted via the RTPD portal in electronic or paper format.

– evidence of the transport operations taking place in the host Member State, such as an electronic consignment note (e-CMR), or evidence referred to in Article 8(3) of Regulation (EC) No 1072/2009;

– the tachograph records and in particular the country symbols of the Member States in which the driver was present when carrying out international road transport operations or cabotage operations.

For any technical issue, which is not covered by those above Questions and Answers, please contact DIGIT-POSTINGDECLARATION-SUPPORT@ec.europa.eu