At the European Union level, regulations governing the posting of drivers in road transport have been harmonized through Mobility Package 1. Consequently, national laws such as MiLoG (Germany) and the Macron Law (France) no longer apply to international road transport, having been replaced by the European IMI (Internal Market Information System).
In short, the relationship between IMI, MiLoG, and Macron involves:
- Exclusive use of the IMI system for reporting the posting of drivers within the EU
- Elimination of separate national requirements (MiLoG and the Macron Law) in international road transport
- Application of the unified European rules in accordance with Directive (EU) 2020/1057
- Recognition of the IMI declaration as the sole valid document for inspections in Germany and France
- Mandatory use of IMI for cabotage, cross-trade, and bilateral transport involving additional operations
- No IMI requirement for simple bilateral transport (without additional operations)
- The need to link the IMI declaration to employment documents and proof of the applicable minimum wage
- The risk of significant penalties for failing to provide an IMI or using outdated documents (MiLoG/Macron)
1. European legislative context
With the adoption of Directive (EU) 2020/1057, the European Union has established a uniform framework for the posting of drivers in road transport. This directive is part of Mobility Package 1 and aims to eliminate national differences that were causing confusion, excessive administrative burdens, and inconsistent penalties.
To ensure uniform application of the rules, the IMI system has been designated as the single platform for reporting the posting of drivers, valid in all EU Member States.
2. The Current Situation in Germany – IMI vs. MiLoG
Germany used the MiLoG (Minimum Wage Act) to impose a minimum wage on foreign drivers carrying out transport operations on German territory. This required national declarations, the appointment of a local representative, and the retention of documents in Germany.
With the entry into force of Directive (EU) 2020/1057, the MiLoG no longer applies to international road transport. Currently, Germany recognizes only posting declarations submitted through the IMI system.
Thus, for cabotage, cross-trade, or bilateral transport operations involving additional operations carried out in Germany, the only legal requirement is the existence of a valid IMI declaration.
3. The Current Situation in France – IMI vs. the Macron Law
The Macron Law was introduced by France to regulate the posting of foreign drivers, requiring an “attestation de détachement,” a local representative, and documents translated into French.
This national legislation has been fully replaced by European regulations. Currently, France no longer accepts Macron declarations for international road transport.
The IMI declaration is the only document recognized by the French authorities as proof of compliance with the rules governing the posting of drivers.
4. When is an IMI declaration required?
The IMI declaration is required in the following situations:
– cabotage operations
– cross-trade transport (between two countries other than the country of establishment)
– two-way transport with additional operations (additional loading/unloading)
An IMI declaration is NOT required for simple bilateral transport, i.e., a round-trip transport without any additional operations.
5. What do the authorities check during inspections?
During roadside inspections or at company premises, authorities in Germany and France check:
– the existence of an active IMI declaration
– the accuracy of the reported period
– compliance with the minimum wage applicable in the host country
– employment documents and pay stubs
– compliance with driving and rest periods
6. Consequences of non-compliance with IMI
Failure to submit an IMI declaration or the use of outdated documents (MiLoG or Macron) results in significant penalties. The authorities no longer accept the excuse that “that’s how it was done before.”
Fines may be imposed on both the driver and the transport operator, and in some cases, the vehicle may be impounded.
7. Conclusion
Currently, at the European Union level, the IMI system is the only legal tool for reporting the posting of drivers in road transport. Germany and France no longer apply the MiLoG or the Macron Law to international road transport. Compliance with IMI obligations is essential to avoid penalties.
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Founder and CEO of Paneuropa Logistics
I am György Bokor, Founder and CEO of Paneuropa Logistics. I have been active in the logistics industry for more than 20 years, focusing on international transportation, freight forwarding, last-mile deliveries and customs services. I am passionate about developing efficient solutions that connect businesses across Europe.