IMI Declaration – A Practical Guide to International Road Transport

1. What is the IMI declaration?

The IMI Declaration is a mandatory electronic notification regarding the posting of drivers in international road transport. It is submitted via the IMI System (Internal Market Information System), the European Union’s official platform for administrative cooperation among Member State authorities.

The IMI declaration allows authorities in host countries to verify compliance with the working and pay conditions applicable to drivers posted to their territory.

2. Legal Basis

The IMI declaration for drivers is governed by:

– Directive (EU) 2020/1057 – part of the Mobility Package I;

– Regulation (EU) No. 1024/2012 on the IMI system;

– The national legislation of each Member State transposing the directive.

The IMI scheme for drivers differs from the standard secondment provision in the Labor Code.

3. When is an IMI declaration required?

The IMI declaration is required when a driver is considered to be posted within the European Union. Typical situations include:

– Cabotage;

– Cross-trade (transport between two countries other than the country of establishment);

– Other operations not covered by the bilateral transport exceptions.

An IMI declaration is NOT required in the following cases:

– Transit;

– Bilateral transport (RO–other country) with permitted ancillary operations.

4. Who is required to file

The obligation to submit the IMI declaration lies with the employer or transport operator established in Romania, not with the driver.

The company is responsible for:

– The accuracy of the reported data;

– Updating the declaration;

– Providing evidence during an inspection.

5. Where and how to submit the IMI declaration

The declaration must be submitted exclusively online via the IMI portal—specifically, the module dedicated to road transport.

The general steps are:

1. Creating/using the company’s IMI account;

2. Select the type of operation (driver posting);

3. Entering information about the company, the driver, and the trip;

4. Forwarding the declaration to the relevant countries.

The declaration is valid for a fixed period (up to 6 months) and may cover multiple countries.

6. What information does the IMI declaration contain?

The IMI declaration mainly includes:

– Employer information;

– Driver information;

– Duration of the assignment;

– Member States in whose territory the activity is carried out;

– Type of transport operations;

– The contact person designated by the company.

7. Responsibilities during the assignment

During the assignment, the company must:

– Ensure that the minimum wage applicable in the host country is paid;

– Have a valid IMI declaration;

– Provide the authorities with supporting documents (driver’s license, pay stubs, tachograph records, etc.).

8. Enforcement and Penalties

Failure to submit an IMI declaration or providing incorrect information may result in:

– Fines in Western countries (particularly Germany and Austria);

– Administrative penalties in Romania;

– Initiation of interstate inspections.

The IMI declaration is one of the first documents checked during the inspection.

9. The strategic role of the IMI declaration

The IMI declaration is key to compliance with EU posting regulations.

A company that has:

– IMI submitted;

– Clear internal procedures;

– Accurate payroll calculation;

There is a very good chance that an inspection will be wrapped up quickly, without any penalties.

10. Conclusion

The IMI declaration is not a bureaucratic formality, but a central element of compliance in international road transport.

Its absence is strictly punished in most EU countries.