
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 
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;
2.. promote the exchange of relevant information, including information on existing forms of (bilateral) administrative cooperation between the Member States and/or social partners;
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 implementing measures, as well as its enforcement in practice;
4.. examine any difficulties which might arise in the application of Article 3(10) of Directive 96/71/EC;
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;
7.. engage in an in-depth examination of practical cross-border enforcement problems in order to solve existing problems, improve the practical application of existing legal instruments as well as to improve mutual assistance between Member States, if necessary.
Article 3 

1. Each Member State shall appoint two representatives to the Committee. They may also appoint two substitutes.In appointing their representatives, Member States should involve the public bodies, such as labour inspectorates, responsible for the control of the legislation applicable to posted workers. They may also, in accordance with national law and/or practice, involve the social partners.
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 meetings of the Committee as observers, according to the procedures determined by their organisations and the Commission.The representatives shall be appointed by the Commission, acting upon proposal from the relevant social partners at Community or sectoral level.This group of observers shall comprise up to a maximum of 20 members composed as follows:
— five members representing employers’ organisations at Community level,
— five members representing workers’ organisations at Community level,
— a maximum of 10 representatives of the social partners (divided evenly between employers’ and workers’ organisations) in sectors with a high incidence of recourse to posted workers.
3. Representatives of the EEA/EFTA States, the EFTA Surveillance Authority, accession and candidate countries and Switzerland may equally attend meetings of the Committee as observers.
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 

1. The Committee shall be chaired by the Commission.
2. In agreement with the Commission, sub-groups may be set up to examine specific issues under terms of reference established by the Committee. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
3. In agreement with the Commission, experts, who may include representatives of 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 connection with an event of particular interest for the Committee, its sub-group(s) or that Member State.The Commission shall provide secretarial services. Other Commission officials with a specific interest in the proceedings may attend meetings of the Committee and its sub-groups.
5. The Committee shall adopt its rules of procedure on the basis of the standard rules of procedures adopted by the Commission.
6. Information obtained through participating in the deliberations of the Committee or a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
7. The Commission may publish on the Internet, in the original language of the document concerned, any summary, conclusion or partial conclusion or working document of the Committee.
Article 5 
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 remunerated 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 
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.
For the Commission
Vladimír ŠPIDLA
Member of the Commission