48 Amendments of Nikola BARTŮŠEK related to 2023/0404(COD)
Amendment 85 #
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 including by making better use of Council Directive 2003/109 and Directive 2021/1883 of the European Parliament and the Council as well as the EURES-network, 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.
Amendment 86 #
Proposal for a regulation
Recital 2
Recital 2
(2) Addressing labour shortages requires a comprehensive approachmanagement of data on supply and demand at Union and national level which includes, as a priority, better realising the fullproviding Member States with a platform containing all the data required to realise the 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 occupation if and only if that does not constitute unfair competition to the actors within the relevant sectors. 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.
Amendment 91 #
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 keymay be envisaged to complement those actions and must be part of the solution to fully support the twin transition, if all national mechanisms have been exhausted and subject to complete respect for differing national migration policies.
Amendment 99 #
Proposal for a regulation
Recital 3
Recital 3
(3) In order to facilitate 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 employers established in the participating Member States. The platform shall, however, at no point have any goal other than providing information to Member States.
Amendment 106 #
Proposal for a regulation
Recital 4
Recital 4
Amendment 108 #
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, and in accordance with the national immigration procedures of the Member States concerned. 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 possibParticipation in the EU Talent Pool shall remain a voluntary choice of Member States and may not imply any obligation that limits national powers to manage migration. Member States shall retain the right to suspend participation in the EU Talent Pool or make changes to conditions if national interests so require. 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. Jobseekers from third countries must agree to comply with the requirements of the national immigration rules and procedures of the Member State in which they are seeking work, and participation in the EU Talent Pool may not be regarded as a replacement for or a relaxation of these rules. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets, on the understanding that these needs are in accordance with national priorities and are confirmed by the Member States on the basis of objective criteria, such as labour market tests.
Amendment 115 #
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 ofby giving Member States the opportunity to access data on supply from third country nationalies 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 121 #
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing information services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.
Amendment 124 #
Proposal for a regulation
Recital 6
Recital 6
(6) The EU Talent Pool aims at providing services to employers that are establishedparticipating employers in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.
Amendment 125 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The EU Talent Pool must be an optional tool only that supports Member States in addressing labour and skills shortages. Participation in this tool must remain entirely voluntary and have no implications that undermine the national powers of Member States. Moreover, steps must be taken to prevent free movement within the Schengen area being used to grant migrants who have been admitted to one Member State via the EU Talent Pool access to other Member States.
Amendment 126 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Registered jobseekers from third countries are considered as selected for a job vacancy in the EU Talent Pool when they are being offered an employment in the Member State participating in the EU Talent Pool.
Amendment 127 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 139 #
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, participating employers, 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 participating employers, thereby enabling a high-quality matching process. 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).
Amendment 151 #
Proposal for a regulation
Recital 16
Recital 16
(16) TIn view of the current scale of illegal migration and the pressure it is exerting on certain sectors, the EU Talent Pool should contribute to the objective of discouraging irregular 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 Council, 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 inmust be put in direct contact with the immigration services of the country issuing the job offer in order to prevent the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay from becoming 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.separate branch of immigration services. __________________ 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 152 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregular 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. including on the deletion of the profiles of these jobseekers from the EU Talent Pool IT Platform. In addition, during the immigration procedures carried out by the Member States, necessary checks in relevant national and EU databases such as the Schengen Information System, which contains alerts on third country nationals who are not entitled to enter or stay in the Schengen area, may be conducted. __________________ 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 181 #
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of SIn the context of the EU Talent Pool, the social Rrights 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,of each Member State should be set out in each notification, in particular the local minimum wages, and access to slocial protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employmentsocial protection, so that the offer is transparent and not misleading.
Amendment 186 #
Proposal for a regulation
Recital 22
Recital 22
(22) The principles of the European Pillar of Social Rights should apply for aAll activities conducted in the context of the EU Talent Pool, in particular with regard to should respect the right to fair and equal treatment with respect to working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordancAlso in line with those principles of the European Pillar of Social Rights, the EU Talent Pool should ensure quality employment and fair competition.
Amendment 209 #
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. 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 or preference for citizens of Member States, should the latter be adopted.
Amendment 213 #
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 if they have fully legal status 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.
Amendment 215 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 229 #
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 could 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 and the limits and restrictions linked to Member States’ capacity to take in migrants. 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 235 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 238 #
Proposal for a regulation
Recital 31
Recital 31
(31) To achieve the objective of this Regulation, the effective implementapplication 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 may put in place accelerated immigration procedures in particular as regards the obtention of visas, in particular the legislation and procedures, in accordance with national law, in view of obtaining a work permit and a residence permits for work purposes and the exemption from in a Member State for work purposes. This Regulation should furthermore not affect 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 Statesght of Member States to determine volumes of admission of third country nationals in accordance with Article 79(5) of the Treaty on the Functioning of the European Union (TFEU).
Amendment 243 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The main purpose of the EU Talent Pool is supporting the recruitment of registered jobseekers from third countries residing outside the Union and job vacancies of participating employers and other participating entities established in the participating Member States. Therefore, on the EU Talent Pool IT Platform the EU Talent Pool Secretariat should provide clear information that the registration in the EU Talent Pool by jobseekers from third countries and the selection for a job vacancy through the EU Talent Pool IT Platform is not a guarantee that following the selection process a work permit, a visa or a residence permit will be issued by the participating Member State in which the participating employer or other participating entity is established.
Amendment 244 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 246 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 251 #
Proposal for a regulation
Recital 34
Recital 34
Amendment 255 #
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 should be ensured.
Amendment 258 #
Proposal for a regulation
Article premier – paragraph 2 – point d
Article premier – paragraph 2 – point d
Amendment 263 #
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 participating employers established in the participating Member States.
Amendment 265 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Participation and withdrawal
Amendment 268 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States that participate in the EU Talent Pool shall retain full control over their immigration policy at all times and may suspend or terminate their participation in it if they consider it necessary to do so to protect national interests, public order or labour market objectives.
Amendment 270 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. A participating Member State may withdraw its participation from the EU Talent Pool at any time.
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. Jobseekers from third countries who have been admitted to a Member State via the EU Talent Pool shall not acquire any right to free movement within the Schengen area. Such jobseekers shall be bound by the national immigration rules and residence conditions of the Member State that has admitted them.
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
(3) ‘participating employer’ means any natural person, or any leg employer whose job vacancies are available on the EU Tal entity, established in a participating Member State under the direction or supervision of whom Pool IT Platform as transmitted by the National Contact Point of the Memployment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediariesber State where the employer is established;
Amendment 287 #
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 jobseeker who has been selected to enter into an employment relationship in the participating Member State where the participating employer or the other participating entity is established and where the jobseeker will normally work;
Amendment 324 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
Amendment 345 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) transferringmake available job vacancies ton the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;
Amendment 385 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Participating Member States shall retain the right to reject applications by jobseekers from third countries who do not comply with national immigration procedures. Jobseekers who infringe national rules shall be excluded from further participation in the EU Talent Pool.
Amendment 388 #
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 subsequently be visible to employers participating in the EU Talent Pool in order to promote the principle of preference for Union citizens as set out in the relevant provisions of the 2003 and 2005 acts of accession.
Amendment 410 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Before posting a job vacancy to the EU Talent Pool, employers must ask the competent national employment service to perform a labour market test. This test must demonstrate objectively that there are no suitable candidates available within the EU. The test results shall be verified by the National Contact Point.
Amendment 466 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Employers participating 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 pa, governed by the principles of non-discrimination, legality and fairness’.
Amendment 490 #
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) explanatory information making jobseekers aware that participation in the EU Talent Pool does not automatically lead to a residence or work permit and that they must follow the regular national procedures.
Amendment 531 #
Proposal for a regulation
Article 19
Article 19
Amendment 536 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Participating Member States may, in accordance with national law, 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.
Amendment 538 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 540 #
Proposal for a regulation
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
Amendment 542 #
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b