150 Amendments of Jana TOOM related to 2023/0404(COD)
Amendment 79 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations of different levels of qualifications, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, information and communications technology and in science technology, engineering and mathematics, are long- standing and have been exacerbated by the COVID-19 pandemic and the acceleration of the green and digital transitions. Labour shortages are expected to persist and potentially aggravate in the light of demographic challenges.
Amendment 84 #
Proposal for a regulation
Recital 2
Recital 2
(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition. European Commission estimates that due to foreseen demographic trends, the working age population is expected to fall by at least 7 million workers in Europe by 20301a. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition and ensure the resilience and competitiveness of EU economies. __________________ 1a European Commission, Directorate- General for Employment, Social Affairs and Inclusion, ‘Employment and social developments in Europe 2023’, Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2767/089698
Amendment 100 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to facilitate fair international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employof all qualification levels and job vacancies of registered employers or labour recruiters established in the participating Member States.
Amendment 112 #
Proposal for a regulation
Recital 5
Recital 5
(5) The EU Talent Pool should aim at supporting participating Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. As a voluntary tool to facilitate international recruitment, the EU Talent Pool should offer additional support at Union level to interested Member States. To this end, complementarity and interoperability with existing national and sub-national initiatives and platforms should be ensured, while not replacing existing national structures. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills and qualifications that might be needed by the Member States’ labour markets.
Amendment 120 #
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, includingwith specific consideration to SMEs, and to private employment agencies, temporary work agencies as defined by Directive 2008/104/EC1a and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997. Private employment agencies, labour market intermediaries and any other subagent should clearly declare on behalf of which employers they are doing the recruitment when transferring job vacancies. __________________ 1a Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9–14, ELI: http://data.europa.eu/eli/dir/2008/104/oj).
Amendment 130 #
Proposal for a regulation
Recital 8
Recital 8
(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States should appoint two representatives each, one from the employment authorities and one from the immigration authorities. Representatives of the cross-industry social partners organisations at Union level, from the employers and trade unions respectively, should have the right to appoint three representatives each to participate as observers in the work of the EU Talent Pool Steering Group, allowing each cross-industry social partner recognised at EU level to be represented. EU agencies whose remit relates to employment or immigration, such as the European Labour Authority (ELA), the European Centre for the Development of Vocational Training (CEDEFOP), the EU Agency for the improvement of living and working conditions (EUROFOUND), the European Training Foundation (ETF), the European Agency for Safety and Health at Work (EU-OSHA), the European Union Agency for Law Enforcement Cooperation (Europol) and the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) should also be able to participate in the EU Talent Pool Steering Group meetings as observers. International organisations whose remit relates to employment and immigration, such as the International Labour Organisation (ILO) and the International Organisation for Migration (IOM) could participate in the EU Talent Pool Steering Group meetings as observers, upon invitation by the EU Talent Pool Secretariat.
Amendment 135 #
Proposal for a regulation
Recital 10
Recital 10
(10) Synergies should be ensured, where appropriate, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. The EU Talent Pool IT platform should be quickly and regularly adapted to new practices in technology and provide state-of-the-art IT services by introducing innovative features and tools. The platform should also be easily accessible for persons with disabilities in accordance with Directive (EU) 2016/21021a and Directive (EU) 2019/8822a. __________________ 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1–15, ELI: http://data.europa.eu/eli/dir/2016/2102/oj) . 2a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115, ELI: http://data.europa.eu/eli/dir/2019/882/oj).
Amendment 138 #
Proposal for a regulation
Recital 11
Recital 11
(11) The format of jobseekers' profiles and job vacancies should be established using the existing European classification of occupations, skills, competencies and qualifications (ESCO) as foreseen in Regulation (EU) 2016/5898 which provides for a standardised terminology for occupations, skills and competences and facilitates the transparency of skills and qualifications. The ESCO classification should support jobseekers from third countries, employers, labour recruiters and the EU Talent Pool National Contact Points in providing comparable information on work experiences, occupations covered by a vacancy, as well as the skills offered by the jobseekers and required by the employers or labour recruiters, thereby enabling a high-quality matching process. In line with Commission Recommendation (EU) 2023/26118a, a ‘Skills First’ approach should be applied in the matching process whereby all types of qualifications and skills are taken into account, such as vocational education and training, degrees, certification of skills and competences gained in non-formal and informal settings or specific certificates ('micro-credentials'). Where applicable, the EU Talent Pool National Contact Points should use the ESCO format for the transfer of job vacancies to the EU Talent Pool IT platform. Member States not adopting the ESCO classification for national job vacancies, should produce mapping tables comparing the classification used in the national systems and the ESCO classification to allow interoperability. The mapping tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform. __________________ 8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj). 8a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third- country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/o j).
Amendment 145 #
Proposal for a regulation
Recital 13
Recital 13
(13) The processing for the purpose of the search and matching functions of the EU Talent Pool IT platform should be limited to personal data necessary to identify the registered jobseekers from third countries and, employers participatingor labour recruiters in the EU Talent Pool, to enable the search and matching on the EU Talent Pool IT platform as well as for data collection to improve the functioning of the Talent Pool. This should not require processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725.
Amendment 146 #
Proposal for a regulation
Recital 14
Recital 14
(14) Registered jobseekers from third countries, employers and labour recruiters should have the right to choose from a number of technical options to restrict the access to their personal data, for instance, by restricting access to their contact details. Profiles of registered jobseekers from third countries and employers participating in the EU Talent Pool IT platform that have not been used for a period of two years should be automatically removedin the EU Talent Pool IT platform that have not been used for a period of one year should be automatically removed. Profiles of registered employers and labour recruiters in the EU Talent Pool IT platform that have not been used for a period of two years should be automatically removed. A notification should be sent to registered jobseekers from third countries, employers and labour recruiters, using the profile's contact information, prior to the removal of the profile, in order to allow a reasonable amount of time to react. Registered jobseekers from third countries, employers and labour recruiters should be able to remove their profile from the EU Talent Pool IT platform at any time. When profiles are removed, a limited set of anonymised data could continue to be stored for research and statistical purposes including for the purpose of production and quality of European statistics.
Amendment 150 #
Proposal for a regulation
Recital 15
Recital 15
(15) Without prejudice to their obligation to inform data subjects about the processing of their personal data and their rights as data subjects in accordance with Articles 12 and 13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU) 2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points should also inform registered jobseekers and, employers participatingand labour recruiters in the EU Talent Pool about their rights to technically restrict access to their personal data and to require, at any time, the deletion or modification of their personal data included in their profiles.
Amendment 159 #
Proposal for a regulation
Recital 17
Recital 17
(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality enabling to create a free profile and report the relevant skills, qualifications, language skills and other experiences in one secure online location. In order to avoid the use of bots, spam technologies and hostile foreign interference, jobseekers’ profiles should be automatically filtered to detect profiles that are incomplete, contain suspicious behaviour patterns, or contain repetitive information. The technical infrastructure to screen profiles should not lead to the automatic deletion of suspected profiles, but should channel them to a human moderator for decision. __________________ 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).
Amendment 163 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In the case of a registered jobseeker’s breach of the relevant law and practice regarding visas or residence permits obligations, obligations of their employment relationship, as well as public policy, public security and national security, which is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice, the jobseeker’s access to the EU Talent Pool should be suspended. A clear explanation of this procedure should be available on the EU Talent Pool IT platform.
Amendment 164 #
Proposal for a regulation
Recital 18
Recital 18
(18) Where necessary, the recognition of qualifications and validation of skills from formal, non-formal learning, work experiences and qualifications such as degrees, vocational education diplomas, or specific certificates, such as micro- credentials, of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications. Personalised assistance and oThe European Commission Recommendation (EU) 2023/2611 on the recognition of qualifications of third country nationals should be applied. Online information on existing recognition and validation procedures at national level should be available in the EU Talent Pool IT platform and it should be provided by the EU Talent Pool National Contact Points. Instructions on how to access this information should be provided to jobseekers from third countries at the time of their registration.
Amendment 168 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) An easy-to-use complaints tool should be available on the EU Talent Pool IT platform. Complaints lodged by registered jobseekers from third countries, employers or labour recruiters should be referred to the EU Talent Pool Secretariat. The Secretariat should refer such complaints to the National Contact Points where relevant, for example where the complaint concerns a registered employer or labour recruiter or the national procedures of a participating Member State, or take the necessary action if the complaint concerns the EU Talent Pool IT platform. The EU Talent Pool Secretariat should alert the National Contact Point of a participating Member State in the event of a large number of complaints relating to that Member State or its employers or labour recruiters. On a regular basis, the EU Talent Pool Secretariat should inform the European Commission of the number of complaints and their grounds.
Amendment 169 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) In order to promote equal treatment, prevent discrimination and offer assistance to all individuals and groups that are discriminated against to access justice across the Union, registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool should have access to the equality bodies in the participating Member States as established by Directive (EU) 2024/15001a and Council Directive (EU) 2024/14991b. __________________ 1a Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU (OJ L, 2024/1500, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj) . 1b Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj) .
Amendment 170 #
Proposal for a regulation
Recital 19
Recital 19
(19) In the context of Talent Partnerships, nationals of selected third countries receive support for the development and validation of skills in a framework endorsed by Member States taking part in a Talent Partnership and partner countries. Therefore, the skills developed or validated in the framework of a Talent Partnership should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participatingRegistered employers and labour recruiters in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its delivery, as well as the provisions on comparability and recognition of qualifications. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.
Amendment 171 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 173 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The EU Talent Pool should constitute a safe place for recruitment, providing the highest standards for jobseekers, employers and labour recruiters seeking to use it. To this end, employers and labour recruiters should be required, before accessing the EU Talent Pool IT platform, to declare compliance with relevant Union and national law and practice as well as the International Labour Organisation (ILO) General Principles and Operational Guidelines for Fair Recruitment1a to ensure third country nationals’ protection against unfair recruitment and inadequate working conditions, inclusion of workers with disabilities as well as non- discrimination. Information should be provided on the consequences for making a false declaration in this respect. __________________ 1a International Labour Organisation, General Principles and Operational Guidelines for Fair Recruitment and Definition of Recruitment Fees and Related Costs, 2019, ISBN 978-92-2- 133333-3.
Amendment 174 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) Employers and labour recruiters from participating Member States wishing to register on the EU Talent Pool IT platform should create a profile using a standardised procedure enabling to create a free profile and report the name of employer or the labour recruiter, the name, surname, title, contact details of its representative, registration number, sector of activity and a brief description of the employer’s or labour recruiter’s operations in one secure location. Following their registration, and within a reasonable period of time, employers and labour recruiters should provide their National Contact Point with information concerning any administrative or judicial decision of which they have been the subject, or in which proceedings are pending, as regards their national social and fiscal obligations.
Amendment 175 #
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21c) In the case of a registered employer’s or labour recruiter’s breach of the relevant law and practice which is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice, or in case of false declaration during the registration process, the employer’s or labour recruiter’s access to the EU Talent Pool should be suspended and their vacancies should be removed. The suspension should be revoked without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points, or the employer or labour recruiter concerned has proved, that the breach of the relevant law and practice has been remedied. In cases of breaches of Directive 2009/52/EC1a or Directive (EU) 2024/17121b, the registered employer or labour recruiter should be suspended from the EU Talent Pool indefinitely. A clear explanation of this procedure should be available on the EU Talent Pool IT platform. __________________ 1a Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third- country nationals (OJ L 168, 30.6.2009, p. 24–32, ELI: http://data.europa.eu/eli/dir/2009/52/oj). 1b Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (OJ L, 2024/1712, 24.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1712/oj) .
Amendment 176 #
Proposal for a regulation
Recital 21 d (new)
Recital 21 d (new)
(21d) Job vacancies transferred to the European Talent Pool IT platform should contain the name, surname and contact details, information on the place and type of work, working hours, duration of employment, remuneration practices, description of main tasks, qualification requirements, language requirements, as well as relevant information on working conditions, including benefits. Job vacancies should also contain the name of the employer on behalf of whom the recruitment is being carried out when they are transferred by a registered labour recruiter. After verifying that the job vacancies are complete, that they fall under the EU-wide shortage occupations, taking into account national adjustments, or that they are relevant for Talent Partnerships and that they are open to the recruitment of jobseekers from third countries, the National Contact Points should transfer these job vacancies to the EU Talent Pool IT platform within 5 working days. Where it concerns a job vacancy made publicly available by the relevant public employment service and as a consequence was published on the EURES portal, the EU Talent Pool National Contact Point may make available eligible job vacancies on the EU Talent Pool IT platform upon the request of a registered employer or labour recruiter in the Talent Pool.
Amendment 179 #
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of Social Rights should apply for all activities conducted in the context of the EU Talent Pool, in particular with regard to the right to fair and equal treatment with respect to working conditions, minimum wages, access to social protection, training, andlife-long learning, protection of youthng people at work and social inclusion. In accordance with those principles, the EU Talent Pool should ensure quality employment, equal pay for equal work and gender equality. The EU Talent Pool should ensure inclusiveness in line with the United Nations Convention on the Rights of Persons with Disabilities and Member States should support employers in hiring applicants with disabilities by ensuring access to reasonable accommodation and support measures.
Amendment 190 #
Proposal for a regulation
Recital 23
Recital 23
(23) The International Labour Organisation (ILO) in its ‘General principles and operational guidelines for fair recruitment’ sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment and, in particular, that no recruitment fees or costs should be paid by jobseekers. Employers should comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the participating Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating, registered employers in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the latest at the start of the employment. This information should at least include the place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee or related costs, at anytime of or after the recruitment process nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participatingRegistered employers in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State. __________________ 13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third- country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj). 14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj). 16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj). 17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj). 18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).
Amendment 192 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The National Contact Points of the participating Member States should be able to monitor the compliance of registered employers and labour recruiters with the ILO General Principle and Operational Guidelines for Fair Recruitment. Participating Member States should put in place appropriate measures to ensure that registered employers comply with the relevant Union and national law and practice and set up a specific mechanism, such as inspection services, to monitor compliance with these obligations by registered labour recruiters. Particular attention must be paid to fraud-sensitive sectors, where jobseekers from third countries are particularly vulnerable and at high risk of labour exploitation and abuse.
Amendment 195 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure high quality matching, registered jobseekers from third countries and, employers participatingor labour recruiters in the EU Talent Pool should access a list of suggested registered jobseekers’ profiles and job vacancies based on the relevance of their skills, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform. The automatic matching tool should be governed by the principle of ethics and have inbuilt safeguards against discrimination. Jobseekers from third countries, employers and labour recruiters should also be able to freely search the EU Talent Pool IT platform and use specific filters to identify profiles or job vacancies.
Amendment 203 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs on the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition. In order to achieve this objective, it should be possible for job vacancies published on the EU Talent Pool IT platform to be automatically published on the EURES portal upon request by the registered employer or labour recruiter. To do so, it is necessary to ensure the technical interoperability between the two platforms. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU- wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notifications should affect the principle of preference for Union citizens.
Amendment 212 #
Proposal for a regulation
Recital 26
Recital 26
(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employ, employers, especially SMEs, and labour recruiters, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the registration and participation in the EU Talent Pool, the list of participating Member States, the list of EU-wide shortage occupations as well as national adjustments in a user-friendly format.
Amendment 216 #
Proposal for a regulation
Recital 27
Recital 27
(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights and obligations, living and working conditions as well as available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States is available on the EU Talent Pool IT platform. The EU Talent Pool National Contact Points should provide the relevant information with the EU Talent Pool Secretariat in order to allow its publication on the EU Talent Pool IT platform. In order to supplement the information provided by the EU Talent Pool National Contact Points, the European Labour Authority could also provide to the EU Talent Pool Secretariat available information on the applicable rights and working conditions in the Member States. Online information on support available to jobseekers in need of international protection who are in third countries should also be available on the EU Talent Pool IT platform. SupportInformation measures put in place by the Member States could include specific information campaigns, supportinformation on procedures to obtain a travel document, and contacts to obtain certified translation and integration support upon arrival.
Amendment 221 #
Proposal for a regulation
Recital 28
Recital 28
(28) Information provided on the EU Talent Pool IT platform should be made available at least in the official languages of the participating Member States.
Amendment 223 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States. This includes, for example, providing information in the official languages of third countries.
Amendment 227 #
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participatingregistered employers or labour recruiters in the EU Talent Pool, the EU Talent Pool National Contact Points cshould provide additional support. Additional supportstandardised specific information. This should include tailored information on relevant visas and residence permits for work purposes in the participating Member State including with regard to third country nationals’ rights and obligations such as access to social benefits, health assistance, education and training opportunities, and housing. Specific gGuidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States. The EU Talent Pool National Contact Points should provide information to employers participatingregistered employers and labour recruiters in the EU Talent Pool on their rights and obligations relating to social security, active labour market measures, taxation, issues relating to work contracts, pension entitlements and health insurance. Such information should be provided in cooperation with the social partners, regional and local authorities and, where relevant, with organisations offering post-recruitment assistance to third country nationals.
Amendment 237 #
Proposal for a regulation
Recital 31
Recital 31
(31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers and labour recruiters, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. Information on these accelerated procedures should be duly communicated and made available both to registered jobseekers from third countries, employers and labour recruiters in an early stage of the recruitment process.
Amendment 242 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) To make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers and labour recruiters, participating Member States may put in place accelerated recognition of qualification procedures, in particular as regards the validation procedures to issue a statement of equivalence or comparability of the skills and qualifications, the formal recognition of foreign professional qualifications in case of regulated professions and the qualifications of jobseekers from third countries whose skills were developed or validated in the framework of a Talent Partnership. The implementation of accelerated recognition of qualifications procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. Information on these accelerated procedures should be duly communicated and made available both to registered jobseekers from third countries, employers and labour recruiters in an early stage of the recruitment process.
Amendment 252 #
Proposal for a regulation
Recital 35
Recital 35
(35) The advisory procedure should be used for the adoption of the templates for the format of the ‘EU Talent Partnership pass’. The examination procedure should be used for the adoption and updating of the technical standards for the data exchange, data formats, job vacancies formats and profiles formats for jobseekers from third countries, employers and labour recruiters. The examination procedure should also be used for the adoption of technical standards for the adoption of the subcategories of personal data to be processed, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform.
Amendment 254 #
Proposal for a regulation
Recital 37
Recital 37
(37) Participating Member States should implement this Regulation in full compliance with all EU Charter of Fundamental Rights obligations and in particular without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, languages, religious or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation. The respect of fair and just working conditions and, the protection of young people at work as well as gender equality should be ensured.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 2 – point c
Article 1 – paragraph 2 – point c
(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries and employ, employers and labour recruiters;
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to jobseekers from third countries residing outside the Union and employof all qualification levels, employers and labour recruiters established in the participating Member States.
Amendment 267 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Any Member State may decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, job vacancies of employregistered employers and labour recruiters established in that Member State may be transferred to the EU Talent Pool IT platform in accordance with the conditions referred to in Article 13.
Amendment 272 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform. Information on Member States that have notified their decision to participate in the EU Talent Pool shall also be made publicly available on the EU Talent Pool IT platform, along with the effective date of participation.
Amendment 279 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediartemporary work agencies;
Amendment 282 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3 a (new)
Article 4 – paragraph 1 – point 3 a (new)
(3a) ‘labour recruiter’ means private employment agencies and all other intermediaries or subagents acting on behalf of an employer to offer labour recruitment and placement services, established in a participating Member State;
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3 b (new)
Article 4 – paragraph 1 – point 3 b (new)
(3b) ‘public employment services’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest;
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4
Article 4 – paragraph 1 – point 4
(4) ‘profile’ means the information provided by a jobseeker from a third country via a standard data format for the purpose of seeking an employment and the information provided by an employer and a labour recruiter via a standard data format for the purpose of recruiting a jobseeker from a third country through the EU Talent Pool IT platform;
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 1 – point 4 a (new)
Article 4 – paragraph 1 – point 4 a (new)
(4a) ‘job vacancy’ means an offer of employment which would allow the successful applicant to enter into an employment relationship in a participating Member State with a registered employer or labour recruiter;
Amendment 293 #
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the technical infrastructure to collect, screen and maintain the profiles of registered jobseekers from third countries, registered employers and labour recruiters;
Amendment 294 #
Proposal for a regulation
Article 5 – paragraph 2 – point d
Article 5 – paragraph 2 – point d
(d) the technical infrastructure to enable the EU Talent Pool National Contact Points, anregistered employers participatingand labour recruiters in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies, registered employers and labour recruiters;
Amendment 295 #
Proposal for a regulation
Article 5 – paragraph 2 – point f
Article 5 – paragraph 2 – point f
(f) the secure communication channel to enable registered jobseekers and employers participatingregistered employers and labour recruiters in the EU Talent Pool to communicate within the EU Talent Pool IT platform. including the possibility of conducting interviews directly on the platform;
Amendment 296 #
Proposal for a regulation
Article 5 – paragraph 2 – point f a (new)
Article 5 – paragraph 2 – point f a (new)
(fa) a secure technical infrastructure for registered jobseekers from third countries and registered employers or labour recruiters in the EU Talent Pool to exchange documents;
Amendment 297 #
Proposal for a regulation
Article 5 – paragraph 2 – point f b (new)
Article 5 – paragraph 2 – point f b (new)
(fb) an easy complaints submission tool available to registered jobseekers from third countries, employers and labour recruiters within the EU Talent Pool IT platform.
Amendment 298 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The EU Talent Pool IT platform shall be available in all EU languages and accessible for persons with disabilities in accordance with Directive (EU) 2016/2102 and Directive (EU) 2019/882.
Amendment 299 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers, employers and labour recruiters. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Participating Member States and the EU Talent Pool Secretariat referred to in Article 8 shall ensure technical interoperability between national systems and the EU Talent Pool IT platform. The EU Talent Pool Secretariat shall ensure the interface with other relevant instruments and services offered at Union level, where appropriate, including with the EURES Portal.
Amendment 304 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The EU Talent Pool Secretariat may process personal data of registered jobseekers from third countries and those of employers participatingregistered employers and labour recruiters in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725.
Amendment 305 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The EU Talent Pool National Contact Points may process personal data of employers participatingregistered employers and labour recruiters in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679.
Amendment 306 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledge. Job vacancies ofcompetences acquired in volunteering, non-formal learning, or specific certificates such as micro-credentials and language knowledge. Profiles of registered employers and labour recruiters shall include the name of the employer or the labour recruiter, the name, surname, title, contact details of its representative, registration number, sector of activity and a brief description of the employer’s participating in the EU Talent Pool shall include the name, surname and contact detailsor labour recruiter’s operations. Job vacancies of registered employers and labour recruiters in the EU Talent Pool shall include the name, surname, contact details, information on the place and type of work, working hours, duration of employment, remuneration practices, description of main tasks, qualification requirements, language requirements, as well as relevant information on working conditions, including benefits. When job vacancies are transferred by labour recruiters, the name of the employer on behalf of whom the recruitment is being carried out shall also be clearly indicated.
Amendment 310 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and employers participatingregistered employers and labour recruiters in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.
Amendment 311 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries, employers and labour recruiters shall have the right to choose from a number of technical options to restrict access to their personal data.
Amendment 312 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Profiles of registered jobseekers from third countries that have not been accessed for a period of one year from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. Profiles of registered employers and labour recruiters that have not transferred job vacancies for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. Once profiles are removed, a limited set of anonymised data could continue to be stored for research and statistical purposes as well as to extract data to improve the functioning of the EU Talent Pool.
Amendment 315 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from third countries and job vacancies of employers participatingregistered employers and labour recruiters in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform.
Amendment 317 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. The data of registered jobseekers from third countries shall be accessible only to employers participatingregistered employers and labour recruiters in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of employers participatingregistered employers and labour recruiters in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points.
Amendment 318 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’, employers’ and labour recruiters’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).
Amendment 319 #
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(32), Article 10(2), point (f), Article 12(5),(6) and (7), Article 14(2), Article 15(2) and Article 15(27(1);
Amendment 320 #
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) receiving complaints filed via the EU Talent Pool IT Platform and transferring them to the National Contact Points where relevant;
Amendment 322 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) providing support to the EU Talent Pool Secretariat in the preparation of the list of EU-wide shortage occupations pursuant to Article 14, after consultation of social partners;
Amendment 323 #
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) facilitating the exchange between the participating Member States regarding their adjustments to the list of EU-wide shortage occupations pursuant to Article 15(1);
Amendment 325 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) discussing the implementation of accelerated immigration procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19 and facilitating the exchange of best practices among participating Member States in that respect.
Amendment 327 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) discussing the implementation of accelerated recognition of qualifications procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19a (new) and facilitating the exchange of best practices among participating Member States in that respect.
Amendment 334 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The EU Talent Pool Steering Group shall meet at least twice a year, or on ad- hoc basis when necessary. The meetings shall be convened and chaired by the Commission.
Amendment 337 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group with an equal representation of trade union and employer organisations. Representation of twohree participants from trade union and twohree participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Amendment 339 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Representatives of Union agencies shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representatives of relevant international organisations may also participate as observers in the meetings of the EU Talent Pool Steering Group upon invitation by the EU Talent Pool Secretariat.
Amendment 344 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) transferring job vacancies to the EU Talent Pool IT platform in accordance with Article 13(2) through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participatingregistered employers and labour recruiters in the EU Talent Pool;
Amendment 347 #
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) transferring, in collaboration with public employment services, job vacancies to the EURES portal so that, upon request of an employer or labour recruiter, job vacancies published on the EU Talent Pool IT platform are also displayed in the EURES portal.
Amendment 348 #
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(bb) removing job vacancies and related jobseekers from third countries’ profiles from the EU Talent Pool IT platform once employers or labour recruiters notified successful completion of the recruitment pursuant to Article 13(5).
Amendment 351 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15 after consultation of social partners;
Amendment 356 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) keeping a registry of employers participatingregistered employers and labour recruiters in the EU Talent Pool;
Amendment 360 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) suspending the access of employers participatingregistered employers or labour recruiters in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice or based on the information received pursuant to Article 13(1c)(new);
Amendment 362 #
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
Article 10 – paragraph 2 – point e a (new)
(ea) suspending the access of registered employers or labour recruiters to the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of false declaration during the registration process referred to in Article 13(1a)(new);
Amendment 363 #
Proposal for a regulation
Article 10 – paragraph 2 – point e b (new)
Article 10 – paragraph 2 – point e b (new)
(eb) Pursuant to Article 11(4b)(new), suspending the access of registered jobseekers from third countries to the EU Talent Pool and removing their profiles from the EU Talent Pool IT platform in case of an administrative or judicial decision of breach of visas or residence permits obligations, of serious breach of the terms and conditions of the employment relationship, or of serious threat to public policy, public security or national security is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant, law, decision and practice;
Amendment 364 #
Proposal for a regulation
Article 10 – paragraph 2 – point e c (new)
Article 10 – paragraph 2 – point e c (new)
(ec) suspending the access of registered jobseekers from third countries to the EU Talent Pool and removing their profiles from the EU Talent Pool IT platform in case of false declaration during the registration process referred to in Article 11(2);
Amendment 365 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
(f) providing information to the EU Talent Pool Secretariat on recruitment, immigration and recognition of qualifications procedures at national level pursuant to Article 17(1), including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20;
Amendment 366 #
Proposal for a regulation
Article 10 – paragraph 2 – point f a (new)
Article 10 – paragraph 2 – point f a (new)
(fa) monitoring registered employers’ and labour recruiters’ fulfilment and adherence to the ILO General Principles and Operational Guidelines for Fair Recruitment, and reporting national developments in this regard to the EU Talent Pool Secretariat;
Amendment 367 #
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) providing information and support services to registered jobseekers from third countries and employers participatingregistered employers or labour recruiters in the EU Talent Pool in accordance with Article 17(2) and in cooperation with social partners, local and regional authorities and, where applicable, organisations which offer post- recruitment assistance for third country nationals.
Amendment 371 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The suspension referred to in paragraph 2, point (e) and (ea)(new), shall be revoked without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points, or the employer or labour recruiter concerned has proved, that the breach of the relevant law and practice pursuant to Article 13(3) has been remedied and that they comply therewith. In cases of breaches of Directive 2009/52/EC and of Directive (EU) 2024/1712, the employer or labour recruiter shall be suspended from the EU Talent Pool indefinitely.
Amendment 374 #
Proposal for a regulation
Chapter IV – title
Chapter IV – title
Amendment 376 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Jobseekers from third countries mayshall create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.
Amendment 378 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC. Profiles of jobseekers who made a false declaration in this respect shall be deleted from the EU Talent Pool IT platform.
Amendment 386 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Profiles of jobseekers from third countries shall be screened automatically to detect incomplete information, suspicious behaviour patterns or repetitive information.
Amendment 390 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participatingregistered employers and labour recruiters in the EU Talent Pool.
Amendment 395 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Upon their registration in the EU Talent Pool, jobseekers from third countries shall automatically receive access to the information referred to in Article 17(1) as well as the information on the mechanisms to lodge a complaint in accordance with Article 18.
Amendment 396 #
Proposal for a regulation
Article 11 – paragraph 4 b (new)
Article 11 – paragraph 4 b (new)
4b. Jobseekers from third countries registered in the EU Talent Pool and who have been selected for a job vacancy shall comply with the relevant Union and national law and practice regarding visas or residence permits obligations, obligations of their employment relationship, as well as public policy, public security and national security.
Amendment 398 #
Proposal for a regulation
Article 11 – paragraph 4 c (new)
Article 11 – paragraph 4 c (new)
4c. Jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool shall enjoy equal treatment with respect to nationals of the participating Member States in accordance with relevant Union and national law and practice, including with respect to working and employment conditions, remuneration, as well as access to social protection, training, healthcare, education and housing.
Amendment 401 #
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating, including provisions on comparability and recognition of qualifications. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.
Amendment 402 #
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
Amendment 403 #
Proposal for a regulation
Article 13 – title
Article 13 – title
Amendment 407 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Employers and labour recruiters interested in participating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platformshall create a profile following a standard procedure.
Amendment 409 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Access to registering a profile in the EU talent Pool IT platform shall be limited to employers and labour recruiters who expressly declare compliance with relevant Union and national law and practice as well as the ILO General Principles and Operational Guidelines for Fair Recruitment to ensure third country nationals' protection against unfair recruitment and inadequate working conditions, inclusion of workers with disabilities as well as non-discrimination and equal treatment. Profiles of employers or labour recruiters who made a false declaration in this respect shall be suspended from the EU Talent Pool IT platform.
Amendment 411 #
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Employers and labour recruiters may request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform. Employers and labour recruiters shall have the possibility to indicate within the existing national job posting processes whether the job vacancies shall also be published in the EU Talent Pool.
Amendment 413 #
Proposal for a regulation
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
1c. Following their registration, employers and labour recruiters shall notify the EU Talent Pool National Contact Point without undue delay of any administrative or judicial decision to which they have been subject, or for which proceedings are in progress, pertaining to their national social and tax obligations.
Amendment 414 #
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. The EU Talent Pool National Contact Points shall transfer as soon as possible and no later than 5 working days to the EU Talent Pool IT platform job vacancies that:
Amendment 422 #
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
Article 13 – paragraph 2 – point b a (new)
(ba) include a comprehensive description of the job vacancies as referred to in Article 6(3).
Amendment 430 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Amendment 433 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1 a (new)
Article 13 – paragraph 3 – subparagraph 1 a (new)
Participating Member States shall take proportionate measures to ensure that registered employers in the EU Talent Pool comply with the relevant Union and national law and practice. A specific mechanism to effectively monitor compliance with obligations shall be established for registered labour recruiters.
Amendment 437 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Amendment 440 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Job vacancies of employers participatingregistered employers and labour recruiters in the EU Talent Pool shall be visible to registered jobseekers from third countries in the EU Talent Pool IT platform.
Amendment 443 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Employers participatingRegistered employers and labour recruiters in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform.
Amendment 445 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. At the latest at the start of the employment contract, the employer shall provide the selected jobseeker with all the necessary information on their rights and obligations resulting from the employment relationship in a clear and comprehensive way in accordance with Directive (EU) 2019/1152.
Amendment 447 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The national authorities responsible for the relevant law and practice in the participating Member States shall immediately inform the EU Talent Pool National Contact Points on any breaches of the provisions of the relevant law and practice set out in paragraph 3 and paragraph 1a(new) for the purposes of Article 10(2), point (e) and (ea)(new) as well as remedials for the purposes of Article 10(2a)(new).
Amendment 454 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point a
Article 14 – paragraph 1 – subparagraph 2 – point a
(a) shortage occupations common to a significant numbermajority of participating Member States as notified to the EU Talent Pool Secretariat by the EU Talent Pool National Contact Points pursuant to Article 10(2)(c);
Amendment 456 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The EU Talent Pool Secretariat shall publish the list of the EU-wide shortage occupations on the EU Talent Pool IT platform. The list is preceded by a disclaimer concerning the possibility of national adjustments and the implications for jobseekers from third countries. The EU Talent Pool Secretariat shall ensure that the list clearly indicates the occupations that are open to recruitment in the participating Member States following the procedure laid down in Article 15.
Amendment 462 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The EU Talent Pool Secretariat shall publish the adjustments to list of EU- wide shortage occupations notified by the EU Talent Pool Contact Points on the EU Talent Pool IT platform directly linked to the list of EU-wide shortage occupations.
Amendment 464 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Employers participatingRegistered employers and labour recruiters in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform.
Amendment 465 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Employers participatingRegistered employers and labour recruiters in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’, or identify profiles with specific skills, language skills and education level.
Amendment 469 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Employers participatingRegistered employers and labour recruiters in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.
Amendment 473 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Registered jobseekers from third countries may search for registered employers, labour recruiters and job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the automated matching tool.
Amendment 474 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. The automatic matching tool shall be governed by the principles of ethics and non-discrimination. In particular, it shall have inbuilt safeguards against discrimination and shall not process personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 in order to avoid any bias or discrimination.
Amendment 475 #
Proposal for a regulation
Chapter V – title
Chapter V – title
Amendment 476 #
Proposal for a regulation
Article 17 – title
Article 17 – title
Information provision and support services
Amendment 477 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and shall ensure its promotion, including specific communication for SMEs.
Amendment 480 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part
Article 17 – paragraph 1 – subparagraph 2 – introductory part
The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make available, on the EU Talent Pool IT platform, the following information in a clear, comprehensive and user-friendly format:
Amendment 484 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
Article 17 – paragraph 1 – subparagraph 2 – point a
(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member Statesincluding family reunification;
Amendment 485 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a a (new)
Article 17 – paragraph 1 – subparagraph 2 – point a a (new)
(aa) information concerning recognition of qualifications procedures and validation of skills;
Amendment 486 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a b (new)
Article 17 – paragraph 1 – subparagraph 2 – point a b (new)
(ab) information concerning the rights of third country nationals, including with regard to available redress mechanisms and in case of labour mobility;
Amendment 487 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a c (new)
Article 17 – paragraph 1 – subparagraph 2 – point a c (new)
(ac) information on living and working conditions in the participating Member States;
Amendment 488 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b
Article 17 – paragraph 1 – subparagraph 2 – point b
(b) information concerning the conditions and procedures for registration of jobseekers from third countries in the EU Talent Pool, including clear explanation to jobseekers from third countries that if they are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council, their entry into and stay on the territory of all the Member States shall be prohibited.
Amendment 489 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b a (new)
Article 17 – paragraph 1 – subparagraph 2 – point b a (new)
(ba) clear explanation to jobseekers from third countries that if they breach their visas or residence permits obligations, seriously breach the terms and conditions of their employment relationship, or represent a serious threat to public policy, public security or national security, their access to the EU Talent Pool IT platform will be suspended;
Amendment 491 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b b (new)
Article 17 – paragraph 1 – subparagraph 2 – point b b (new)
(bb) information concerning the conditions and procedures for registration of employers and labour recruiters in the EU Talent Pool, including clear explanation to employers and labour recruiters that if they breach relevant law and practice pursuant to Article 13(3), or if they make a false declaration upon registration, their access to the EU Talent Pool IT platform will be suspended until remedial of the breach;
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b c (new)
Article 17 – paragraph 1 – subparagraph 2 – point b c (new)
(bc) clear explanation that registered employers and labour recruiters shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment;
Amendment 493 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b d (new)
Article 17 – paragraph 1 – subparagraph 2 – point b d (new)
(bd) contacts of other national competent authorities and, if applicable, other appropriate bodies at national level for the purpose of requesting additional support, and post-selection assistance.
Amendment 494 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The EU Talent Pool National Contact Points are responsible for updating the information referred to in the first paragraph when necessary.
Amendment 495 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Upon request from registered jobseekers from third countries and employers participatingregistered employers or labour recruiters in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistance to registered jobseekers from third countries and employers participating in the EU Talent Pool, in particular with regard tostandardised specific information to registered jobseekers from third countries as well as registered employers and labour recruiters in the EU Talent Pool. The standardised specific information provided shall in particular include information on:
Amendment 500 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) specific information on national immigration procedures to obtain visas and residence permits for work purposes following the selection process;
Amendment 501 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
(b) specific guidance and information on family reunification procedures and family members’ rights;
Amendment 504 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) specific information on third- country nationals’ rights and obligations including working conditions, access to social benefits, health care and assistance, education, training, housing, recognition of skills and qualifications and, the complaint mechanism pursuant to Article 18 and labour mobility within the EU;
Amendment 511 #
Proposal for a regulation
Article 17 – paragraph 2 – point d
Article 17 – paragraph 2 – point d
(d) information available at national level to facilitatefacilitation of third-country nationals’ integration in the host Member State such as certified document translation services, language courses, vocational training and education as well as other integration measures;
Amendment 514 #
Proposal for a regulation
Article 17 – paragraph 2 – point e a (new)
Article 17 – paragraph 2 – point e a (new)
(ea) where relevant, specific information on disability related support services and the provision of reasonable accommodation in line with Council Directive 2000/78/EC.
Amendment 516 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 523 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participatingregistered employers or labour recruiters in the EU Talent Pool of the obligations and conditions laid down in Article 13(3). Registered jobseekers from third countries lodging a complaint shall be protected from any retaliation or any other adverse consequences as a result of a complaint.
Amendment 528 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Participating Member States shall ensure registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool have access to equality bodies as established by Directive (EU) 2024/1500 of the European Parliament and of the Council and Council Directive (EU) 2024/1499.
Amendment 534 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Participating Member States may decide to put in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool. Information on these accelerated procedures shall be duly communicated and made available both to jobseekers, employers and labour recruiters in an early stage of the recruitment process.
Amendment 544 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Article19a Accelerated recognition of qualifications procedures 1. Participating Member States may decide to put in place accelerated recognition of qualifications procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool. Information on these accelerated procedures shall be duly communicated and made available both to jobseekers, employers and labour recruiters in an early stage of the recruitment process. 2. The procedure referred to paragraph 1 may cover: (a) the validation procedures to issue a statement of equivalence or comparability of the skills and qualifications; (b) the formal recognition of foreign professional qualifications in case of regulated professions. (c) the qualifications of jobseekers from third countries whose skills were developed or validated in the framework of a Talent Partnership.
Amendment 546 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, disaggregated data shall be gathered on:
Amendment 547 #
Proposal for a regulation
Article 20 – paragraph 1 – point a a (new)
Article 20 – paragraph 1 – point a a (new)
(aa) the number and type of profiles of registered employers and labour recruiters registered in the EU Talent Pool IT platform;
Amendment 548 #
Proposal for a regulation
Article 20 – paragraph 1 – point b a (new)
Article 20 – paragraph 1 – point b a (new)
(ba) the number of unfilled vacancies by occupation and Member States in the EU Talent Pool IT platform;
Amendment 553 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) The number of complaints lodged on the EU Talent Pool IT platform and their grounds;
Amendment 557 #
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
Article 20 – paragraph 1 – point f b (new)
(fb) the number of registered employers and labour recruiters suspended according to Article 10(2)(e) and (ea)(new) and their grounds as well as the number of reinstated profiles according to Article 10(2a)(new);
Amendment 559 #
Proposal for a regulation
Article 20 – paragraph 1 – point f c (new)
Article 20 – paragraph 1 – point f c (new)
(fc) the number of registered jobseekers from third countries suspended according to Article 10(2)(eb)(new) and (ec)(new) and their grounds.
Amendment 565 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. A report of the performance and a summary of aggregated data of the EU Talent Pool shall be made publicly available on a regular basis.
Amendment 569 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.2031 and every fivthree years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.
Amendment 570 #
Proposal for a regulation
Article 23 – paragraph 1 – subparagraph 1 (new)
Article 23 – paragraph 1 – subparagraph 1 (new)
The report shall, in particular, assess the effectiveness of this Regulation in addressing labour and skills shortages in participating Member States and the effectiveness of the recruitment process, including in terms of ensuring fair recruitment practices, and the respect of fair and just working conditions. The report shall also contain an analysis of the migration patterns resulting from the EU Talent Pool.