39 Amendments of Rachel BLOM related to 2023/0404(COD)
Amendment 81 #
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.
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 95 #
Proposal for a regulation
Recital 3
Recital 3
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 107 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Recommendation of the Commission on legal pathways to protection in the EU4 encourages Member States to put in place and support complementary labour pathways for those in need of international protection5. The EU Talent Pool could also support the operationalisation of the complementary pathways. __________________ 4 Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways. 5 “Complementary pathways” are safe and regulated avenues for persons in need of international protection that complement resettlement by providing lawful stay in a third country where their international protection needs are met. Complementary labour pathways enable persons in need of international protection to access existing labour migration pathways, utilise their skills, and help address labour shortages in the receiving countries. See also: https://www.unhcr.org/fr/nos- activites/construire-de-meilleurs- avenirs/solutions-durables/les-voies-d- admission.
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 111 #
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 temporary recruitment of third country nationals, without prejudice to the principle of national and European preference, 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 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 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 127 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 128 #
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. in strategic areas. __________________ 6 COM/2020/609 final. 7 COM/2022/657 final.
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 155 #
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 pathwayand meeting Member States’ urgent labour needs in strategic areas. 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 157 #
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 declarprove 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 177 #
Proposal for a regulation
Recital 22
Recital 22
Amendment 202 #
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 shortagthese 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 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 220 #
Proposal for a regulation
Recital 28
Recital 28
(28) Information provided on the EU Talent Pool IT platform should be made available at leastonly in the official languages of the participating Member States.
Amendment 222 #
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 ason the participating Member States and on their values and laws, as well as the legal consequences of failing to abide by the law.
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 230 #
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. 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 trainingvocational training and advanced language courses. 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 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 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 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 324 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
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 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