D15b5 - Is an undertaking established abroad which posts employees engaged in mobile road transport activities on Luxembourg territory required to make a declaration of posting to the ITM?

Yes.

At the latest from the start of the posting on Luxembourg territory, the posting undertaking must submit a declaration of posting, using a standard multilingual form from the public interface connected to the Internal Market Information System, hereinafter referred to as “IMI”, established by Regulation (EU) 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 IMI Regulation”), containing the following information:

1. the identity of the posting undertaking, at least in the form of the Community licence number if available;
2. the contact details of a transport manager or other contact person in the Member State of establishment responsible for liaising with the competent authorities in the national territory, and for transmitting and receiving documents or notices;
3. the identity, address of the place of residence and driving license number of the mobile employee;
4. the starting date of the mobile employee's employment contract and the law applicable to that contract;
5. the planned dates for the start and end of the posting;
6. the registration plate of the motor vehicles;
7. whether a carriage of goods, transport of people, international transport or cabotage transport is involved.

For monitoring purposes, the posting undertaking must keep the posting declarations up to date in the public interface connected to the IMI.