Activities of Diana RIBA I GINER 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 (20)
Amendment 43 #
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 initiatives and platforms should be ensured. 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 that might be needed by the Member States’ labour markets.
Amendment 45 #
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, especially to support small- and medium-sized enterprises (SMEs), including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.
Amendment 47 #
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, guaranteeing, where necessary, the appropriate involvement of regional and local authorities.
Amendment 52 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregular migration includingrecognising and redressing labour shortages 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 57 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) The EU Talent Pool should encourage diversity and gender equality. This entails facilitating hiring and bringing on board workers who are especially vulnerable to being excluded from the labour market such as women, persons with disabilities or people from minorities. If necessary, the EU Talent Pool should adopt targeted actions to ensure full inclusion.
Amendment 60 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27 a) When monitoring the EU Talent Pool, the EU Talent Pool Secretariat may take into account the input of relevant civil society organisations such as trade unions and business associations in both third countries and participating EU Member States at all relevant levels.
Amendment 61 #
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 ofin the participating Member States and, when possible, in other relevant languages for non EU-nationals.
Amendment 63 #
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 65 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an EU Talent Pool available to all Member States to facilitate recruitment of jobseekers from third countries residing outside the Union including those in need of international protection.
Amendment 69 #
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) ‘jobseeker from a third country’ means a person residing outside the Union, including those in need of international protection, or a foreign student or researcher in the EU territory, who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union;
Amendment 71 #
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
(5 a) 'Talent Pool' means an inclusive tool that targets highly, medium and low skilled profiles from third countries. The Talent Pool covers all sectors of employment for low, medium, and highly skilled individuals, including small and medium-sized enterprises.
Amendment 75 #
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 participating in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform. Searches and matches should be facilitated in a way that these do not result in any discriminatory or biased proceses.
Amendment 76 #
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, including, if necessary, consultations with relevant civil society organisations;
Amendment 79 #
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 at least two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Other civil society organisations with relevant expertise on the field may be invited to participate as well. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Amendment 81 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration and, where necessary, with the involvement of regional or local authorities with relevant competences on the matter, are appointed as the EU Talent Pool National Contact Points.
Amendment 86 #
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 participating in the EU Talent Pool. Personal data of jobseekers such as name, surname, gender, age, country of origin, nationality and address, should not be accessible during the search and matching phase.
Amendment 88 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination. as well as with relevant EU law addressing gender equality in the labour market such as Directive (EU) 2022/2381 or Directive (EU) 2023/970. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.
Amendment 95 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market and establish follow-up mechanisms to monitor whether the assistance required by the jobseeker or employer was satisfactory provided.
Amendment 98 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics giving especial attention to disaggregated data by categories such as gender, disability and age.
Amendment 99 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3 a. A report of the performance and a summary of aggregated data of the EU Talent Pool should be made publicly available on a regular basis.