Activities of Erik MARQUARDT related to 2023/0404(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing an EU Talent Pool
Amendments (22)
Amendment 16 #
Proposal for a regulation
Citation 6 a (new)
Citation 6 a (new)
- having regard to Article 208(1) of the Treaty on the Functioning of the European Union, and in particular its statement that the ‘Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’,
Amendment 21 #
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 isand comprehensive partnerships are key to complement those actions and must be part of the solution to fully support the twin transition. True partnerships on equal footing that avoid conditionality are necessary to boost each side’s interests for example by preventing brain-drain or other adverse effects and by promoting training as well as creating re-entry systems.
Amendment 25 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The implementation of the Talent Pool Regulation should comply with the principle of Policy Coherence for Development and promote decent work, equal treatment, social inclusion as well as prevent and protect migrant workers from exploitation and abuse.
Amendment 26 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) The Talent Pool should contribute to achieving the UN 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), in particular Goal 1 to eradicate poverty, Goal 5 to ensure gender equality and empower all women and girls, Goal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and Goal 10 to reduce inequalities within and among countries.
Amendment 27 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) While women make up a significant part of some crucial sectors, mobile and migrant women can be subject to insecure jobs and the informal economy and are often particularly vulnerable to discrimination, social exclusion and lack of job and training opportunities, as well as being exposed to abuse, violence and harassment. Member States should strongly mainstream the protection of women’s rights and adopt a gender transformative approach, including equal pay for work of equal value.
Amendment 35 #
Proposal for a regulation
Recital 7
Recital 7
(7) The EU Talent Pool should also support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum6 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU7 . The participation of a Member State in the Talent Partnership should be without prejudice to their decision on the participation in the EU Talent Pool. Importantly, third countries must have a strong sense of ownership and be able to co-create partnerships from the outset. Respect for the rule of law and human rights must always be present in the external relations of the Union’s immigration and asylum policy. __________________ 6 COM/2020/609 final. 7 COM/2022/657 final.
Amendment 41 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregencourage circular migration including by facilitating access to existing legal pathways. Jobseekers from third countries who 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 Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union. To this end, jobseekers from third countries should be required, before registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. __________________ 11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
Amendment 51 #
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 of third country workers with respect to working conditions, minimum wages, access to social protection, training, and protection of youth people at work, as well as the need for greater protection of women's rights and the gender perspective, especially in sectors where migrant women are overrepresented, as well as the need to protect people with disabilities, safeguarding their rights and access to care. In accordance with those principles, the EU Talent Pool should ensure quality employment.
Amendment 55 #
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. 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 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 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, maternity protection and leave and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee 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 participating 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 56 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To reinforce equal treatment of third-country workers, Member States should provide for effective, proportionate and dissuasive penalties against employers in the event of infringements of national provisions adopted pursuant to these above mentioned Directives.
Amendment 58 #
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) Member State authorities should pay particular attention to the role of recruitment agencies. While recruitment agencies may facilitate procedures for applicants, the risks associated with third- party intermediation such as contract substitution, abusive fees and debt bondage, and other exploitative practices should be addressed, in collaboration with civil society and trade union organisations, through the provision of information to potential applicants and permit holders, as well as through monitoring, penalties and facilitation of complaints and legal redress.
Amendment 59 #
Proposal for a regulation
Recital 23 c (new)
Recital 23 c (new)
(23c) Third-country workers who are women tend to be more exposed to exploitation compared to their male counterparts due for example to a lack of access to and control over resources and decision-making, a lack of access to accurate information, the particular sectors where women workers are over- represented such as domestic and care work, and intersecting forms of discrimination which may prevent them from accessing and using complaint and enforcement mechanisms. Member States should therefore ensure that any complaints mechanisms aimed at enforcing compliance with this regulation are gender-sensitive and fully accessible to women workers.
Amendment 63 #
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 employers, 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 participation in the EU Talent Pool. Eligibility and selection criteria should be transparent, non-discriminatory, gender responsive and should be defined in a broad way to allow for the admissibility of jobseekers with all skill levels. Information on opportunities for the development of skills and competences, education and vocational training provided through development cooperation programmes, should be also available to jobseekers participating in the EU Talent Pool.
Amendment 68 #
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 and in official languages of third countries participating in the Talent Partnerships.
Amendment 75 #
Proposal for a regulation
Recital 36
Recital 36
(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU as well as the principle of Policy Coherence for Development and the European Consensus on Development.
Amendment 83 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Talent Pool IT platform shall be designed to allow low-, medium- and highly-skilled jobseekers to easily access and navigate the platform, and employers to easily recognise foreign qualifications.
Amendment 90 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20 and on the impacts of this Regulation on developing countries;
Amendment 99 #
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. Representation of two participants from trade union and two 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. In addition, the Steering Group shall establish mechanisms for consulting other relevant stakeholders, including civil society organisations and trade unions from third countries.
Amendment 137 #
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 access to social benefits, health assistance, education, housing, recognition of qualifications, labour and trade union rights and the complaint and redress mechanisms pursuant to Article 18;
Amendment 139 #
Proposal for a regulation
Article 17 – paragraph 2 – point e
Article 17 – paragraph 2 – point e
(e) where available, the contact details of organisations, in particular trade unions, national labour inspectorates, legal aid services and non-governmental and diaspora organisations, which offer post- recruitment assistance and rights and interests protection for third country nationals.
Amendment 143 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are accessible, timely and effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).
Amendment 160 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.2031 and every five 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, taking into account its impact on the objectives of EU development cooperation in line with the principle of Policy Coherence for Development.