24 Amendments of Catherine CHABAUD related to 2023/0404(COD)
Amendment 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) Strong partnerships with third countries can contribute to effective development cooperation and facilitate the creation of mutual gains for third countries, the EU, and its Member States. Partnerships should offer simple, coherent and comprehensible legal pathways to the Union, ensuring re-entry possibilities and encouraging circular migration for its developmental benefits to countries of origin, including through skills and knowledge transfers and remittances. 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. __________________ 6 COM/2020/609 final. 7 COM/2022/657 final.
Amendment 38 #
Proposal for a regulation
Recital 14
Recital 14
(14) Registered jobseekers from third countries 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 removed. 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 statisticsand those of employers that have not been used for a period of three years should be automatically removed. The owner of the profile should be notified about the removal at the latest one month in advance. 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 in line with Art. 20 (1) under this Regulation. For profiles of registered jobseekers, data on nationality, desired or current occupation, possession of Talent Partnership pass, the time period that the profile was registered on the EU Talent Pool IT platform, the number of visits on the platform, the number of matches with employers, and the number of job placements facilitated could be stored. For profiles of employers, data on the Member State they are based in, the sector, the number of visits on the EU Talent Pool IT platform, the number of matches with jobseekers, and the number of job placements facilitated could be stored.
Amendment 42 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregular and encouraging legal 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 48 #
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 participating 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 and according to common harmonised guidelines to be issued by the Commission under an advisory procedure as specified in Article 12 (4) in line with Article 22 (2), 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 deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.
Amendment 53 #
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 (at least in all the official languages of EU Member States as well as the official languages of the ten nationalities that have received the highest number of single permits within the EU during the past three years) 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 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 54 #
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 right of termination, 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 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 60 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure high quality matching, registered jobseekers from third countries and employers participating in the EU Talent Pool should access a list of suggested registered jobseekers’ profiles and job vacancies based on the relevance of their skills, availability, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform.
Amendment 67 #
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 all the official languages of the participating Member StateEU Member States as well as the official languages of the ten nationalities that have received the highest number of single permits within the EU during the past three years.
Amendment 73 #
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points cshould provide additional support. Additional support 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 housing. Specific guidance 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 participating 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.
Amendment 74 #
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, participating Member States mayshould 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. Member States should preferably issue work and residence permits under the Single Permit Directive, to ensure a smooth and harmonised immigration procedure. 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.
Amendment 79 #
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 96 months before the date from which it intends to participate. From the first day of participation, job vacancies of employers established in that Member State may be transferred to the EU Talent Pool IT platform.
Amendment 84 #
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, availability, information on academic and professional qualifications, work experience, other skills and language knowledge. Job vacanciProfiles of employers participating in the EU Talent Pool shall include the name, surname of the organisation or company, as well as the name, surname and contact details of the contact person. Job vacancies shall include the position, employer, time frame, job description, and contact details.
Amendment 85 #
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 shall have the right to choose from a number of technical options to restrict access to their personal data, including to require, at any time, the deletion or modification of their personal data in their profiles.
Amendment 86 #
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 two years and those of employers that have not been used for a period of three years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. The owner of the profile shall be notified about the removal at the latest one month in advance. 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. For profiles of registered jobseekers, data on nationality, desired or current occupation, possession of Talent Partnership pass, the time period that the profile was registered on the EU Talent Pool IT platform, number of visits on the platform, number of matches with employers, and number of job placements facilitated may be stored. For profiles of employers, data on the Member State they are based in, the sector, number of visits on the EU Talent Pool IT platform, number of matches with jobseekers, and number of job placements facilitated may be stored.
Amendment 102 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) keeping a registry of employers participating in the EU Talent Pool based on the employer profiles registered on the EU Talent Pool IT platform;
Amendment 104 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) suspending the access of employers participating in the EU Talent Pool and removing their profiles and 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;
Amendment 120 #
Proposal for a regulation
Article 13 – paragraph 5 a (new)
Article 13 – paragraph 5 a (new)
5a. If a job vacancy has been successfully filled by a registered jobseeker from a third country, the profile of this jobseeker shall automatically cease to be visible in the EU Talent Pool IT platform.
Amendment 129 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Employers participating 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, availability, and work experiences for the job vacancy.
Amendment 130 #
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Registered jobseekers from third countries may access a list of all employers participating in the EU Talent Pool.
Amendment 147 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Participating Member States may decide toshall 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.
Amendment 151 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. If the accelerated immigration procedure is not applied, Member States shall issue work and residence permits under the Single Permit Directive, to ensure a smooth and harmonised immigration procedure.
Amendment 154 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) the number and type of registered jobseekers from developing countries;
Amendment 155 #
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
Article 20 – paragraph 1 – point f b (new)
(fb) the number and type of placements of jobseekers from developing countries facilitated via the EU Talent Pool.
Amendment 156 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The EU Talent Pool Secretariat, in collaboration with the EU Talent Pool National Contact Points, shall distribute surveys (at least in all the official languages of EU Member States as well as the official languages of the ten nationalities that have received the highest number of single permits within the EU) to employers and jobseekers on their evaluation of the suitability of the matching mechanism, duration and amount of recruitments facilitated through the EU Talent Pool, overall satisfaction with information provided and assistance during the process, and accessibility of the platform.