opinion parliamentary committee, 20 February 2025
On the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool
Document EMPL-AD-766602 · (COM(2023)0716 – C90413/2023 – 2023/0404(COD))
Committee on Employment and Social Affairs · Rapporteur: Marianne Vind
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Text 650 paragraphs
AMENDMENTS
The Committee on Employment and Social Affairs submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:
Amendment 1
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, information and communications technology and in science technology, engineering and mathematics, are long-standing and have been exacerbated by the COVID-19 pandemic and the acceleration of the green and digital transitions. Labour shortages are expected to persist and potentially aggravate in the light of demographic challenges. | (1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations of a variety of levels of qualifications, including in those relevant for the green and digital transitions, as well as for research and technological development. Extensive shortages in construction, healthcare and care, hospitality, transport, agriculture, information and communications technology and in science technology, engineering and mathematics, are long-standing and have been exacerbated by the COVID-19 pandemic and the acceleration of the green and digital transitions. Labour shortages are expected to persist and further aggravate in the light of demographic challenges. |
Amendment 2
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) Labour shortages can be the result of poor working and employment conditions, including low wages, as well as a lack of investment in skills and vocational education and training (VET). Addressing those issues is essential to attracting and retaining workers. Decent wages, access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, respect for workers’ rights, trade union rights, collective bargaining as well as promoting economic and social convergence are essential in that regard. |
Amendment 3
Proposal for a regulation
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Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (2) Addressing labour shortages requires an ambitious and comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of workers and jobseekers residing in the Union, particularly those underrepresented in the labour market or in vulnerable situations. This could be achieved by reskilling and upskilling the existing workforce, improving educational and training opportunities, facilitating intra-EU labour mobility, making better use of the EURES network, enhancing the recognition of skills and diplomas, as well as improving employment and working conditions, the attractiveness of certain occupations, career development, retention strategies and the employability of third-country nationals already living in the Union. |
Amendment 4
Proposal for a regulation
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce are key to addressing existing and future labour and skills shortages within the Union but likely to be insufficient. The Commission estimates that due to the anticipated decline in the working age population, there will be a labour shortage of at least seven million workers in the Union by 20301a. Legal migration can complement those actions, support the twin transition and strengthen the Union economy and competitiveness. Identifying labour shortages and attracting workers from third countries should be carried out in a transparent manner, after consulting the social partners and civil society organisations at national level and subject to respect for the principle of preference for Union citizens. | |
| 1a European Commission, Directorate-General for Employment, Social Affairs and Inclusion, ‘Employment and social developments in Europe 2023’, Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2767/089698 |
Amendment 5
Proposal for a regulation
Recital 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2b) The European Employment Services (EURES), which provides information, advice and recruitment or placement for the benefit of workers and employers across the Union, can play a significant role in the publication of vacant positions with a view to attracting workers from other Member States. |
Amendment 6
Proposal for a regulation
Recital 2 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2c) The EU Talent Pool platform should meet established needs of the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent working conditions and wages 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 level, based on shortage occupations, identified by the National Contact Points. The EU Talent Pool should not affect the principle of preference for Union citizens and should therefore not be used for recruitment of third-country nationals unless a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal, verified by labour market tests or any similar procedures that fulfil the same goal in accordance with national law and practice. |
Amendment 7
Proposal for a regulation
Recital 2 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2d) The EU Talent Pool should be based on the values of solidarity and justice and should avoid unfair competition between Member States for third-country workers. It should enhance fair recruitment and ensure the protection of jobseekers from third countries from exploitation in line with international human rights and labour standards. The EU Talent Pool should function in a transparent and non-discriminatory manner, on the basis of criteria that allow for the participation of jobseekers with all skill levels. A special focus should be on female jobseekers from third countries, who are particularly vulnerable to discrimination, social exclusion, abuse, violence and harassment. |
Amendment 8
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (3) In order to facilitate fair international recruitment, overcome labour and skills shortages 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 of all qualification levels from third countries residing outside the Union and job vacancies of registered employers established in the participating Member States. |
Amendment 9
Proposal for a regulation
Recital 5
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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 complement the activation of the domestic workforce and intra-EU mobility in order 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. Member States should be able to withdraw from the EU Talent Pool. Complementarity and interoperability with existing national initiatives and platforms should be ensured while not replacing existing national structures. Member States’ specific needs, established after consulting national social partners, should be taken into account in the development of the EU Talent Pool in order to ensure the widest and fairest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of formally or informally aquired skills, competences and qualifications that might be needed by the Member States’ labour markets. The labour market situation of third countries should also be monitored in order to avoid the risk of a brain drain. |
Amendment 10
Proposal for a regulation
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (6) The EU Talent Pool aims at providing 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. | (6) The EU Talent Pool aims at providing services to employers that are legally established in a participating Member State, including temporary work agencies as defined by Directive 2008/104/EC. Employers should intend to or have a direct employment relationship in that Member State, in accordance with national law, with a registered jobseeker from a third country. For the purpose of the recruitment process, employers may be supported by a recruiting agency. This should be without prejudice to the responsibilities of the registered employers set out in this Regulation. The recruiting agency should register a profile on the EU Talent Pool IT platform and clearly indicate which employer they are recruiting for. The EU Talent Pool should have a particular focus on SMEs. |
Amendment 11
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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. In addition, the social partners should each be able to appoint three representatives to the EU Talent Pool Steering Group. There should be the possibility for relevant EU agencies, such as the European Labour Authority, Eurofound, the Centre for the Development of Vocational Training and the European Training Foundation, and a representative of the European Parliament to attend EU Talent Pool Steering Group meetings as observers. The EU Talent Pool Steering Group should also be able to decide to invite international organisations, sectoral social partners at Union level and other relevant stakeholders as observers to its meetings. |
Amendment 12
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) An EU Talent Pool IT platform should be developed by using existing Commission-owned IT infrastructure to the extent possible. The IT infrastructure developed in the framework of EURES could be partially re-used for the EU Talent Pool IT platform, including the single coordinated channel and the automated matching tool with relevant adaptations, including to duly take into account the ‘EU Talent Partnership pass’. | (9) An EU Talent Pool IT platform should be developed by using existing Commission-owned IT infrastructure to the extent possible. The IT infrastructure developed in the framework of EURES could be partially re-used for the EU Talent Pool IT platform, including the single coordinated channel and the automated matching tool with relevant adaptations, including to duly take into account the ‘EU Talent Partnership pass’. The platform should be user-friendly and should ensure intuitive navigation. It should be possible for participants to use the platform without additional support from third parties. Easy access should also be provided to persons with disabilities in accordance with Directives (EU) 2016/21021a and (EU) 2019/8821b. |
| 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1–15, ELI: http://data.europa.eu/eli/dir/2016/2102/oj). | |
| 1b Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70–115, ELI: http://data.europa.eu/eli/dir/2019/882/oj). |
Amendment 13
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) Synergies should be ensured, where appropriate, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. The EU Talent Pool IT platform should be quickly and regularly adapted to new practices in technology and provide state-of-the-art IT services by introducing innovative features and tools. | (10) Synergies should be ensured, to the extent possible, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. The EU Talent Pool IT platform should be quickly and regularly adapted to new practices in technology and provide state-of-the-art IT services by introducing safe, bias-free innovative features and tools. |
Amendment 14
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (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, 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 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. | (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, 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 registered jobseekers and required by the registered employers, thereby enabling a high-quality matching process. In accordance with Commission Recommendation (EU) 2023/26118a, a ‘skills first’ approach should be applied in the matching process whereby all types of qualifications and skills are taken into account, such as vocational education and training, degrees, specific certificates ('micro-credentials') as well as skills and competences gained in non-formal and informal settings. 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). | 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). |
| 8a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third-country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/oj). |
Amendment 15
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) The processing for the purpose of the search and matching functions of the EU Talent Pool IT platform should be limited to personal data necessary to identify the registered jobseekers from third countries and employers participating in the EU Talent Pool, to enable the search and matching on the EU Talent Pool IT platform as well as for data collection to improve the functioning of the Talent Pool. This should not require processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725. | (13) The processing for the purpose of the search and matching functions of the EU Talent Pool IT platform should be limited to personal data necessary to identify the registered jobseekers from third countries and registered employers participating in the EU Talent Pool, to enable the search and matching on the EU Talent Pool IT platform as well as for data collection to improve the functioning of the Talent Pool. This should not require processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725. |
Amendment 16
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (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 statistics. | (14) Registered jobseekers from third countries and registered employers 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 in the EU Talent Pool IT platform that have not been accessed for a period of one year should be automatically removed. Profiles of registered employers in the EU Talent Pool IT platform that have not been used for a period of two years should be automatically removed. A notification should be sent prior to any profile removal allowing for a reasonable amount of time to react. Registered jobseekers from third countries and registered employers should be able to remove their profiles from the EU Talent Pool IT platform at any time. 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. Job vacancies and related jobseekers from third countries’ profiles should be automatically removed from the EU Talent Pool IT platform once registered employers notified successful completion of the recruitment. |
Amendment 17
Proposal for a regulation
Recital 15
| Text proposed by the Commission | Amendment |
|---|---|
| (15) Without prejudice to their obligation to inform data subjects about the processing of their personal data and their rights as data subjects in accordance with Articles 12 and 13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU) 2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points should also inform registered jobseekers and employers participating in the EU Talent Pool about their rights to technically restrict access to their personal data and to require, at any time, the deletion or modification of their personal data included in their profiles. | (15) Without prejudice to their obligation to inform data subjects about the processing of their personal data and their rights as data subjects in accordance with Articles 12 and 13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU) 2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points should also inform registered jobseekers and registered employers participating in the EU Talent Pool about their rights to technically restrict access to their personal data and to require, at any time, the deletion or modification of their personal data included in their profiles. |
Amendment 18
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (16) The EU Talent Pool should contribute to the objective of facilitating access to existing legal labour migration 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. Clear information should also be provided on the consequences of making a false declaration in this respect, i.e. the deletion of jobseekers’ profiles from the EU Talent Pool IT Platform and the suspension of access to the EU Talent Pool. |
| 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). | 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 19
Proposal for a regulation
Recital 17
| Text proposed by the Commission | Amendment |
|---|---|
| (17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality enabling to create a free profile and report the relevant skills, qualifications, and other experiences in one secure online location. | (17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality enabling to create a profile free of charge and report the relevant skills, including language skills, qualifications, and other experiences, and upload relevant documents in one secure online location. Jobseekers’ profiles should be automatically filtered to detect profiles that are incomplete, show suspicious patterns, or contain repetitive information. The technical infrastructure to screen profiles should not lead to the automatic deletion of such profiles, but should channel them to a human moderator for decision. |
| 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj). | 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj). |
Amendment 20
Proposal for a regulation
Recital 17 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (17a) Employers from participating Member States wishing to register on the EU Talent Pool IT platform should create a profile using a standardised procedure to create a profile free of charge providing all information required. Profiles of registered employers participating in the EU Talent Pool should include the name of the company, sector of activity, a brief description of operations and the company registration number, as well as name, surname and contact details of its representative. National Contact Points should carry out checks on the employers and recruiting agencies within ten working days before their profile is activated automatically. Such checks should include relevant administrative or judicial decisions to which the employer has been subject. The checks should not create any unnecessary administrative burden for registered employers and recruiting agencies. Employers’ profiles should be automatically filtered to detect profiles that are incomplete, show suspicious patterns, or contain repetitive information. The technical infrastructure to screen profiles should not lead to the automatic deletion of such profiles, but should channel them to a human moderator for decision. |
Amendment 21
Proposal for a regulation
Recital 17 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (17b) The EU Talent Pool National Contact Points should suspend the access of a registered employer participating in the EU Talent Pool and should remove that employer’s job vacancies from the EU Talent Pool IT platform as soon as any infringements of this Regulation have been proven. The EU Talent Pool National Contact Points should also provide information on such infringements and relevant measures taken to the EU Talent Pool Secretariat and the EU Talent Pool Steering Group. |
Amendment 22
Proposal for a regulation
Recital 18
| Text proposed by the Commission | Amendment |
|---|---|
| (18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications. Personalised assistance and online information on existing recognition and validation procedures at national level should be available in the EU Talent Pool IT platform and it should be provided by the EU Talent Pool National Contact Points. | (18) The recognition of qualifications and validation of skills of registered jobseekers from third countries, acquired in formal and non-formal settings, should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications, in accordance with Commission Recommendation (EU) 2023/26111a. Personalised assistance and online information on existing recognition and validation procedures at national level should be available in the EU Talent Pool IT platform and it should be provided by the EU Talent Pool National Contact Points. |
| 1a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third-country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/oj) |
Amendment 23
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18a) An easy-to-use complaints tool should be available on the EU Talent Pool IT platform. Complaints lodged by jobseekers from third countries or employers using the EU Talent Pool should be referred to the EU Talent Pool Secretariat. Where relevant, the secretariat should forward the complaints to the National Contact Points concerned. The EU Talent Pool Secretariat should inform the Talent Pool Steering Group of the number of complaints and their grounds on a regular basis. |
Amendment 24
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (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, 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. | (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. Registered 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, 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 stakeholders should support its delivery, as well as the provisions on comparability and recognition of qualifications. The issuing of an ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions. |
Amendment 25
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) In the context of a Talent Partnership, skills development and validation may be targeted to the job market of one or more participating Member States. Member States may contribute, also financially, to developing and implementing the support to skills development and validation offered in the context of a Talent Partnership. Therefore, if so decided by the Member States participating in the Talent Partnership, only employers established in one or more Member States participating in a Talent Partnership should be able, for a maximum period of one year, to search for registered jobseekers holding an ‘EU Talent Partnership pass’. This possibility could, in particular, apply in cases where skills development was specifically targeted to the needs of a Member State. Information on whether this possibility is applied and in which cases should be provided on the EU Talent Pool IT platform, in order to inform registered jobseekers from third countries and employers participating in the EU Talent Pool. All employers participating in the EU Talent Pool may search the profiles of registered jobseekers holding an ‘EU Talent Partnership pass’ after this period of time has elapsed. Jobseekers from third countries who received support under a Talent Partnership should always have the possibility to register in the EU Talent Pool as any other third country national, without having to declare the existence of an ‘EU Talent Partnership pass’ and so be able to apply for jobs in other Member States. | deleted |
Amendment 26
Proposal for a regulation
Recital 22
| Text proposed by the Commission | Amendment |
|---|---|
| (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 with respect to working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment. | (22) The EU Talent Pool should support the creation of quality employment in the Union, in line with the principles of the European Pillar of Social Rights. 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 selected jobseekers as of the start of their contract with respect to workers’ rights and working conditions, remuneration, access to social protection, health care, vocational education and training and life-long-learning. In accordance with those principles, the EU Talent Pool should ensure quality employment, fair labour mobility and fair competition. The involvement of the European Labour Authority is crucial in that regard. The Talent Pool should promote the inclusion of persons with disabilities in line with the United Nations Convention on the Rights of Persons with Disabilities, the protection of young people at work as well as gender equality. Registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool should have access to the equality bodies in the participating Member States as established by Directive (EU) 2024/15001a and Council Directive (EU) 2024/14991b |
| 1a Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU (OJ L, 2024/1500, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj). | |
| 1b Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj). |
Amendment 27
Proposal for a regulation
Recital 23
| Text proposed by the Commission | Amendment |
|---|---|
| (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 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. | (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 to nationals of the respective participating Member State 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. National Contact Points, in cooperation with relevant national authorities and the social partners, where applicable, should monitor the compliance of employers with those Directives. |
| 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). | 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). | 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). | 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). | 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 28
Proposal for a regulation
Recital 23 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23a) Job vacancies transferred to the EU Talent Pool IT platform should include detailed information on the employer as well as the employment and working conditions, such as the habitual place of work, the type of work, the sector of activity, qualification requirements, the main tasks, the type and duration of the contract, the initial remuneration or its range, the working hours and working time, any probationary period, the amount of paid leave and the requested language profile. In accordance with Directive 2019/1152/EU1a, registered employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in a clear, comprehensible, easily accessible manner on their rights and obligations resulting from the employment relationship at the latest at the start of the employment. | |
| 1a 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). |
Amendment 29
Proposal for a regulation
Recital 23 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23b) There should be no direct or indirect costs or fees for jobseekers from third countries related to their participation in the EU Talent Pool or their recruitment. 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. Work related language training and recruitment related expenses should be covered by the employer. |
Amendment 30
Proposal for a regulation
Recital 23 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23c) Registered employers participating in the EU Talent Pool should comply with Directive 96/71/EC1a 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. | |
| 1a 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 31
Proposal for a regulation
Recital 23 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (23d) The National Contact Points of the participating Member States, in cooperation with national labour inspectorates and social partners should monitor the compliance of registered employers with applicable Union and national law as well as the ILO General Principle and Operational Guidelines for Fair Recruitment. Particular attention should be paid to sectors that are at a greater risk of fraud, where jobseekers from third countries are particularly vulnerable and at a high risk of labour exploitation and abuse. In order to prevent in-work poverty and dependence on social assistance, National Contact Points should verify that the remuneration associated with a job vacancy is adequate in accordance with national law and practice, in particular in regard to statutory minimum wages and applicable collective agreements. |
Amendment 32
Proposal for a regulation
Recital 24
| Text proposed by the Commission | Amendment |
|---|---|
| (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, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform. | (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, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform. The matching criteria should be transparent and up-to-date. The automated matching should avoid any bias or discrimination and should have in-built safeguards in this regard. Registered jobseekers from third countries and registered employers participating in the EU Talent Pool should also have the possibility to search the EU Talent Pool database themselves independently and use filters to identify specific profiles or job vacancies. |
Amendment 33
Proposal for a regulation
Recital 26
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, especially SMEs, 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 registration and participation in the EU Talent Pool and the list of participating Member States. It should also stress that the usage of the EU Talent Pool is free of charge. |
Amendment 34
Proposal for a regulation
Recital 27
| Text proposed by the Commission | Amendment |
|---|---|
| (27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, living and working conditions as well as available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States is available on the EU Talent Pool IT platform. The EU Talent Pool National Contact Points should provide the relevant information with the EU Talent Pool Secretariat in order to allow its publication on the EU Talent Pool IT platform. Online information on support available to jobseekers in need of international protection who are in third countries should also be available on the EU Talent Pool IT platform. Support measures put in place by the Member States could include specific information campaigns, support to obtain a travel document, and integration support upon arrival. | (27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights and obligations, living and working conditions as well as available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States is available on the EU Talent Pool IT platform. The EU Talent Pool National Contact Points should provide the relevant information, including national shortage occupations identified for the purpose of the EU Talent Pool, with the EU Talent Pool Secretariat in order to allow its publication on the EU Talent Pool IT platform. The EU Talent Pool Secretariat should publish a joint list of shortage occupations in the participating Member States on the EU Talent Pool IT platform. Online information on support available to jobseekers in need of international protection who are in third countries should also be available on the EU Talent Pool IT platform. Support measures put in place by the Member States could include specific information campaigns, support to obtain a travel document, information on procedures, support to obtain certified translations and integration support upon arrival. |
Amendment 35
Proposal for a regulation
Recital 28
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (28) Information provided on the EU Talent Pool IT platform should be made available at least in the languages of the Union institutions. Recruitment information for a selected jobseeker from a third country should be provided in a language the person is reasonably expected to understand. |
Amendment 36
Proposal for a regulation
Recital 29
| Text proposed by the Commission | Amendment |
|---|---|
| (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 as the participating Member States. | (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 as the participating Member States. The information should be provided in the official languages of their host countries. |
Amendment 37
Proposal for a regulation
Recital 30
| Text proposed by the Commission | Amendment |
|---|---|
| (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 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. | (30) Upon request from selected jobseekers from third countries or registered employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support and easy access to information. This could 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, healthcare and health assistance, education and training, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate and encourage integration in the host Member State such as language courses and vocational training. Such information should also include available complaints and redress mechanisms and contacts to trade unions 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 registered employers and jobseekers participating in the EU Talent Pool on their rights and obligations relating to social security, including pension entitlements and health insurance, as well as on active labour market measures, employment contracts and working conditions. Post-recruitment assistance for jobseekers from third countries and registered employers could also be provided by trade unions, employer associations, chambers of commerce and where relevant, regional and local authorities and other non-governmental organisations. Support networks for mobile workers by social partner organisations can play an important role in this context. |
Amendment 38
Proposal for a regulation
Recital 31
| Text proposed by the Commission | Amendment |
|---|---|
| (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 may 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. 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. | (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, participating Member States may 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 in areas of shortage occupations identified by the National Contact Points. 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. Information on those accelerated procedures should be duly communicated and made available both to registered jobseekers from third countries and registered employers at an early stage of the recruitment process. |
Amendment 39
Proposal for a regulation
Recital 31 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (31a) To make the recruitment of jobseekers from third countries residing outside the Union easier and faster, participating Member States may put in place accelerated recognition of qualification procedures. This could include the validation of skills and qualifications, the formal recognition of foreign professional qualifications in case of regulated professions, or the validation of qualifications acquired in the framework of a Talent Partnership. The implementation of accelerated recognition of qualifications procedures could be discussed in the context of the EU Talent Pool Steering Group, in particular with a view to exchanging best practices among Member States. Information about those accelerated procedures should be duly communicated and made available to both registered jobseekers from third countries and registered employers at an early stage of the recruitment process. |
Amendment 40
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
|---|---|
| (32) Since the objectives of this Regulation, namely the establishment of a Union-wide platform aimed at addressing labour shortages at Union level by facilitating the recruitment of third country nationals to work in EU-wide shortage occupations, cannot be sufficiently achieved by the Member States due to the lack of effective channels and the limited visibility at global level, but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. | (32) Since the objectives of this Regulation, namely the establishment of a Union-wide platform aimed at addressing certain labour shortages at Union level by facilitating the recruitment of third country nationals to work in EU-wide shortage occupations, cannot be sufficiently achieved by the Member States due to the lack of effective channels and the limited visibility at global level, but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
Amendment 41
Proposal for a regulation
Recital 33
| Text proposed by the Commission | Amendment |
|---|---|
| (33) In order to fulfil the objectives of this Regulation of facilitating international recruitment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation with regard to the Annex providing the list of EU-wide shortages occupations. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | deleted |
| 19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj). |
Amendment 42
Proposal for a regulation
Recital 34
| Text proposed by the Commission | Amendment |
|---|---|
| (34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council20 . | deleted |
| 20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj. |
Amendment 43
Proposal for a regulation
Recital 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) The advisory procedure should be used for the adoption of the templates for the format of the ‘EU Talent Partnership pass’. The examination procedure should be used for the adoption and updating of the technical standards for the data exchange, data formats, job vacancies formats and profiles formats for jobseekers from third countries. The examination procedure should also be used for the adoption of technical standards for the adoption of the subcategories of personal data to be processed, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. | (35) The advisory procedure should be used for the adoption of the templates for the format of the ‘EU Talent Partnership pass’. The examination procedure should be used for the adoption and updating of the technical standards for the data exchange, data formats, job vacancies formats and profiles formats for jobseekers from third countries and employers. The examination procedure should also be used for the adoption of technical standards for the adoption of the subcategories of personal data to be processed, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. |
Amendment 44
Proposal for a regulation
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right of collective bargaining and collective action, in accordance with Article 6 TEU. |
Amendment 45
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (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, gender equality and the protection of young people at work should be ensured. |
Amendment 46
Proposal for a regulation
Article 1 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The EU Talent Pool shall not be used for the recruitment of third-country nationals unless a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal, verified by labour market tests or any similar procedures that fulfil the same goal in accordance with national law and practice. |
Amendment 47
Proposal for a regulation
Article 1 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. This Regulation is without prejudice to Union and national requirements on occupational health and safety, requirements on operational safety as well as sector-specific legislation at Union level. |
Amendment 48
Proposal for a regulation
Article 2 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States. | 1. This Regulation applies to jobseekers of all skills and qualification levels from third countries residing outside the Union and employers, including SMEs, established in the participating Member States. |
Amendment 49
Proposal for a regulation
Article 3 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Participation | Participation of Member States |
Amendment 50
Proposal for a regulation
Article 3 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 9 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. | 1. Any Member State may, after consulting the social partners, decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, registered employers established in the Member State concerned may transfer job vacancies to the EU Talent Pool IT platform in accordance with the conditions referred to in Article 13. |
Amendment 51
Proposal for a regulation
Article 3 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform. | 2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform. Such information shall include the starting date when Member States effectively participate in or withdraw from the EU Talent Pool. |
Amendment 52
Proposal for a regulation
Article 3 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. A participating Member State may decide to withdraw its participation from the EU Talent Pool at any time. It shall notify such a decision to the Commission at least three months before the date from which it intends to withdraw without prejudice to any ongoing recruitment processes or to any complaints or redress procedures pursuant to Article 18. |
Amendment 53
Proposal for a regulation
Article 4 – paragraph 1 – point 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) ‘jobseeker from a third country’ means a person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union; | (2) ‘jobseeker from a third country’ means a natural person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union for him or herself; |
Amendment 54
Proposal for a regulation
Article 4 – paragraph 1 – point 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediaries; | (3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State, including temporary work agencies as defined by Directive 2008/104/EC, where that person or entity intends to have or has a direct employment relationship in that Member State, in accordance with national law, with a jobseeker from a third country; |
Amendment 55
Proposal for a regulation
Article 4 – paragraph 1 – point 4
| Text proposed by the Commission | Amendment |
|---|---|
| (4) ‘profile’ means the information provided by a jobseeker from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform; | (4) ‘profile’ means the information provided by a jobseeker from a third country or an employer via a standard data format for the purpose of seeking an employment or recruiting a jobseeker from a third country through the EU Talent Pool IT platform; |
Amendment 56
Proposal for a regulation
Article 4 – paragraph 1 – point 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5a) ‘public employment services’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest; |
Amendment 57
Proposal for a regulation
Article 4 – paragraph 1 – point 5 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (5b) ‘job vacancy’ means an offer of quality employment which would allow a successful applicant to enter into an employment relationship for a position in the Member State in which the registered employer is established and where the jobseeker is to habitually work. |
Amendment 58
Proposal for a regulation
Article 5 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries; | (c) the technical infrastructure to collect, screen and maintain the profiles of registered jobseekers from third countries and registered employers; |
Amendment 59
Proposal for a regulation
Article 5 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies; | (d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and registered employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies and registered employers; |
Amendment 60
Proposal for a regulation
Article 5 – paragraph 2 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) the secure communication channel to enable registered jobseekers and employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform. | (f) the secure communication channel to enable registered jobseekers and registered employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform; |
Amendment 61
Proposal for a regulation
Article 5 – paragraph 2 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) a complaints submission tool for both jobseekers from third countries and employers established in the participating Member States, using the EU Talent Pool. |
Amendment 62
Proposal for a regulation
Article 5 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The EU Talent Pool IT platform shall be available at least in the languages of the Union institutions. |
Amendment 63
Proposal for a regulation
Article 5 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2b. The Commission shall ensure that the automated matching tool referred to in paragraph 1, point (c), is by design free from biases and discriminatory practices. The EU Talent Pool IT platform shall be accessible for persons with disabilities in accordance with Directive (EU) 2016/21021a and Directive (EU) 2019/8821b. | |
| 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies. | |
| 1b Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services. |
Amendment 64
Proposal for a regulation
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). | 3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers from third countries and registered employers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). |
Amendment 65
Proposal for a regulation
Article 5 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Participating Member States and the EU Talent Pool Secretariat referred to in Article 8 shall ensure technical interoperability between national systems and the EU Talent Pool IT platform. The EU Talent Pool Secretariat shall ensure the interface with other relevant instruments and services offered at Union level, where appropriate. | 4. Participating Member States and the EU Talent Pool Secretariat referred to in Article 8 shall ensure technical interoperability between national systems and the EU Talent Pool IT platform. The EU Talent Pool Secretariat shall ensure the interface with other relevant instruments and services offered at Union level, where appropriate, including with the EURES Portal. |
Amendment 66
Proposal for a regulation
Article 6 – paragraph -1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1a. The EU Talent Pool shall be governed by the principles of ethics, non-discrimination and data protection in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725. |
Amendment 67
Proposal for a regulation
Article 6 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Talent Pool Secretariat may process personal data of registered jobseekers from third countries and those of employers participating in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725. | 1. The EU Talent Pool Secretariat may process personal data with the explicit consent of the registered jobseekers from third countries and the registered employers participating in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725. |
Amendment 68
Proposal for a regulation
Article 6 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Talent Pool National Contact Points may process personal data of employers participating in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679. | 2. The EU Talent Pool National Contact Points may process personal data of registered employers participating in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679. |
Amendment 69
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledge. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details. | 3. Profiles of registered jobseekers from third countries shall include their name, surname, contact details, date of birth and nationality, academic and professional qualifications, and, whether formally or informally acquired, their work experience, skills, competences as well as language knowledge. |
Amendment 70
Proposal for a regulation
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Profiles of registered employers participating in the EU Talent Pool shall include the name of the company, sector of activity, a brief description of operations and the company registration number, as well as name, surname, contact details of its representative. |
Amendment 71
Proposal for a regulation
Article 6 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7. | 4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and registered employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7. |
Amendment 72
Proposal for a regulation
Article 6 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 and participating employers shall have the right to choose from a number of technical options to restrict access to their personal data. |
Amendment 73
Proposal for a regulation
Article 6 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Profiles of registered jobseekers from third countries that have not been accessed for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. 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. | 6. Profiles of registered jobseekers from third countries that have not been accessed for a period of one year from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. The jobseekers concerned shall be informed prior to any such action. Profiles of registered employers that have not been accessed for a period of two years after the registration of their profiles shall be removed or anonymised and no personal data shall be stored. The employers concerned shall be informed prior to any such action. 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. Job vacancies that have been open for one year shall be removed. |
Amendment 74
Proposal for a regulation
Article 6 – paragraph 7
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from third countries and job vacancies of registered employers participating in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform. |
Amendment 75
Proposal for a regulation
Article 6 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| 8. The data of registered jobseekers from third countries shall be accessible only to employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points. | 8. The data of registered jobseekers from third countries shall be accessible only to registered employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of registered employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points. |
Amendment 76
Proposal for a regulation
Article 6 – paragraph 9
| Text proposed by the Commission | Amendment |
|---|---|
| 9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). | 9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies, jobseekers’ and employers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3). |
Amendment 77
Proposal for a regulation
Article 8 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(3), Article 10(2), point (f), Article 12(5),(6) and (7), Article 14(2) and Article 15(2); | (c) publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(2), Article 10(2), point (f), Article 12(5),(6) and (7), Article 14(2), Article 15(2) and Article 17(1); |
Amendment 78
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) publishing a joint list of shortage occupations in the participating Member States on the EU Talent Pool IT platform, based on the latest notifications received from National Contact Points; |
Amendment 79
Proposal for a regulation
Article 8 – paragraph 2 – point c b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (cb) suspending the access of registered jobseekers from third countries to the EU Talent Pool, following reports by National Contact Points on infringements of this regulation by jobseekers, and removing their profiles from the EU Talent Pool IT platform and informing the jobseekers thereof; |
Amendment 80
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) receiving complaints filed via the EU Talent Pool complaints submission tool and transferring them to the National Contact Points where relevant; |
Amendment 81
Proposal for a regulation
Article 8 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 8a | |
| Establishment and composition of the EU Talent Pool Steering Group | |
| 1. The EU Talent Pool Steering Group is hereby established. It shall be composed of: | |
| (a) two members from each participating Member State, comprising one from the employment authorities and one from the immigration authorities; | |
| (b) three members representing the Commission; | |
| (c) six members representing cross-industry social partner organisations at Union level, with an equal representation of trade union and employer organisations. | |
| 2. All parties to the EU Talent Pool Steering Group shall aim to achieve gender balance in the EU Talent Pool Steering Group. | |
| 3. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers. Representatives of Union agencies shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. The European Parliament may appoint one independent expert as observer to the EU Talent Pool Steering Group. The EU Talent Pool Steering Group may also decide to invite other relevant stakeholders, including international organisations, sectorial social partner organisations at Union level and civil society organisations, as observers to its meetings. | |
| 4. Each member and observer of the EU Talent Pool Steering Group shall sign a written statement declaring that they are not in a situation of conflict of interest. Each member shall update the statement in the case of a change of circumstances with regard to any conflict of interest. The EU Talent Pool Secretariat shall publish the statements and their updates. |
Amendment 82
Proposal for a regulation
Article 9 – title
| Text proposed by the Commission | Amendment |
|---|---|
| EU Talent Pool Steering Group | Functions of the EU Talent Pool Steering Group |
Amendment 83
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The EU Talent Pool Steering Group is established. The EU Talent Pool Steering Group is responsible for: | 1. The EU Talent Pool Steering Group is responsible for: |
Amendment 84
Proposal for a regulation
Article 9 – paragraph 1 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) providing support to the EU Talent Pool Secretariat in the preparation of the list of EU-wide shortage occupations pursuant to Article 14; | (a) facilitating the exchange between Member States on shortage occupations; |
Amendment 85
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) discussing the implementation of accelerated recognition of qualifications procedures to facilitate the recruitment of registered jobseekers from third countries [pursuant to Article 19a (new)] and exchange best practices among participating Member States in that respect; |
Amendment 86
Proposal for a regulation
Article 9 – paragraph 1 – point d b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (db) providing guidelines to the National Contact Points for monitoring registered employers’ compliance with the requirements in Article 13; |
Amendment 87
Proposal for a regulation
Article 9 – paragraph 1 – point d c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (dc) exchanging best practices among participating Member States on professions and sectors where labour exploitation involving third-country nationals is widespread and how to mitigate such risk; |
Amendment 88
Proposal for a regulation
Article 9 – paragraph 1 – point d d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (dd) discussing the complaints received via the EU Talent Pool complaints submission tool, where relevant, and appropriate measures to address them; |
Amendment 89
Proposal for a regulation
Article 9 – paragraph 1 – point d e (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (de) monitoring the risk of the ‘brain drain’ in partnering third countries as a result of the EU Talent Pool. |
Amendment 90
Proposal for a regulation
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers. | deleted |
Amendment 91
Proposal for a regulation
Article 9 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The EU Talent Pool Steering Group shall meet twice a year, or on ad-hoc basis when necessary. The meetings shall be convened and chaired by the Commission. | 3. The EU Talent Pool Steering Group shall meet at least twice a year, or on ad-hoc basis when necessary. The meetings shall be convened and chaired by the Commission. |
Amendment 92
Proposal for a regulation
Article 9 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
Amendment 93
Proposal for a regulation
Article 10 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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 are appointed as the EU Talent Pool National Contact Points. | 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 are appointed as their EU Talent Pool National Contact Point. |
Amendment 94
Proposal for a regulation
Article 10 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) transferring job vacancies to 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; | (b) transferring job vacancies to the EU Talent Pool IT platform, in accordance with Article 13(2), through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and registered employers participating in the EU Talent Pool; |
Amendment 95
Proposal for a regulation
Article 10 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15; | (c) identifying national shortage occupations for the purpose of the EU Talent Pool at least once per year, after consultation with national social partners and other relevant stakeholders, and notify the EU Talent Pool Secretariat of the results; |
Amendment 96
Proposal for a regulation
Article 10 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) keeping a registry of employers participating in the EU Talent Pool; | (d) verifying compliance with requirements for registration and participation as well as keeping a public list of registered employers participating in the EU Talent Pool and monitoring job vacancies, including the provision laid down in Article 13(3); |
Amendment 97
Proposal for a regulation
Article 10 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) suspending the access of employers participating in the EU Talent Pool and removing their 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; | (e) suspending the access of registered employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a false declaration or infringement of the relevant law and practice in contravention of Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities or social partners responsible for enforcing the relevant law and practice; |
Amendment 98
Proposal for a regulation
Article 10 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) reporting to the EU Talent Pool Secretariat any infringement of Article 11(2) by jobseekers from third countries; |
Amendment 99
Proposal for a regulation
Article 10 – paragraph 2 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) providing information to the EU Talent Pool Secretariat on immigration and recognition procedures at national level, including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20; | (f) providing information to the EU Talent Pool Secretariat on recruitment, immigration and recognition of qualifications procedures at national level, including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20; |
Amendment 100
Proposal for a regulation
Article 10 – paragraph 2 – point g
| Text proposed by the Commission | Amendment |
|---|---|
| (g) providing information and support services to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17. | (g) providing information in cooperation with the social partners and, where applicable, organisations which offer post-recruitment assistance, to registered jobseekers from third countries and registered employers participating in the EU Talent Pool in accordance with Article 17, as well as post-recruitment support for those who have been selected for a job. |
Amendment 101
Proposal for a regulation
Article 10 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The EU Talent Pool National Contact Points shall regularly consult public employment services and national social partners on the implementation of this Regulation. |
Amendment 102
Proposal for a regulation
Article 10 – paragraph 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3b. EU Talent Pool National Contact Points shall remain neutral during collective bargaining disputes, such as strikes or lockouts, in accordance with applicable Union and national labour law. |
Amendment 103
Proposal for a regulation
Article 11 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Jobseekers from third countries may create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform. | 1. Jobseekers from third countries who wish to register on the EU Talent Pool IT Platform shall create their profiles via the Europass profile builder. |
Amendment 104
Proposal for a regulation
Article 11 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC. | 2. Access to registering a profile in the EU talent Pool IT platform shall be limited to natural persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC. |
Amendment 105
Proposal for a regulation
Article 11 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. During the registration process or any subsequent updates, profiles of jobseekers from third countries shall be screened automatically to detect incomplete information, suspicious behaviour patterns or repetitive information. |
Amendment 106
Proposal for a regulation
Article 11 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool. | 3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to registered employers participating in the EU Talent Pool. |
Amendment 107
Proposal for a regulation
Article 11 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies. | 4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies offered by registered employers from the participating Member States. |
Amendment 108
Proposal for a regulation
Article 11 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Upon their registration in the EU Talent Pool, jobseekers from third countries shall automatically receive access to the information referred to in Article 17(1) as well as the information on the mechanisms to lodge a complaint in accordance with Article 18. |
Amendment 109
Proposal for a regulation
Article 12 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating. The Commission shall publish information on those conditions on the EU Talent Pool IT platform. | 5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating, including provisions on the comparability and recognition of qualifications. The Commission shall publish information on those conditions on the EU Talent Pool IT platform. |
Amendment 110
Proposal for a regulation
Article 12 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Participating Member States may decide, in the framework of the relevant Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of one year, to employers established in one or more Member States taking part in that same Talent Partnership. The EU Talent Pool Secretariat shall publish information on the application of this paragraph on the EU Talent Pool IT platform. | deleted |
Amendment 111
Proposal for a regulation
Article 13 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Participation of employers in the EU Talent Pool | Registration and participation of employers in the EU Talent Pool |
Amendment 112
Proposal for a regulation
Article 13 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Employers interested in participating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform. | 1. Employers interested in participating in the EU Talent Pool shall create an EU Talent Pool profile. For the purpose of the recruitment process, the employer may commission a recruiting agency for support. This is without prejudice to the responsibilities of the registered employers as set out in this Regulation. The recruiting agency shall register a profile on the EU Talent Pool IT platform and clearly indicate which employer they are recruiting for. |
Amendment 113
Proposal for a regulation
Article 13 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. The EU Talent Pool National Contact Points shall, together with the relevant national authorities, as appropriate, carry out checks on the employers and the recruiting agencies within ten working days, before their profile is automatically activated. Such checks shall include administrative or judicial decisions to which they have been subject, pertaining to their national social security contributions, and infringements of Union and national labour law. The checks shall not create any unnecessary administrative burden for registered employers and recruiting agencies. Registered employers and recruiting agencies shall notify the EU Talent Pool National Contact Point without undue delay of any new administrative or judicial decisions in this regard to which they have been subject. |
Amendment 114
Proposal for a regulation
Article 13 – paragraph 1 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 1b. Employers may request the EU Talent Pool National Contact Point or the public employment service in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform. Regardless of the transfer of a job vacancy to the EU Talent Pool, registered employers may use other means to fill the vacancy. |
Amendment 115
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform job vacancies that: | 2. The EU Talent Pool National Contact Points shall, as soon as possible and in any case within five working days, transfer to the EU Talent Pool IT platform job vacancies that: |
Amendment 116
Proposal for a regulation
Article 13 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for a Talent Partnership; | deleted |
Amendment 117
Proposal for a regulation
Article 13 – paragraph 2 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (b a) include a comprehensive description of the job vacancies as referred to in paragraph 4; |
Amendment 118
Proposal for a regulation
Article 13 – paragraph 2 – point b b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) comply with the national conditions for the issuance of a single permit for a third-country national and offer adequate remuneration in accordance with national law and practice. |
Amendment 119
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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. 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. | Registered employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice, including applicable collective agreements, to ensure selected third-country nationals’ protection against unfair recruitment, inadequate working conditions and discrimination, including discrimination of persons with disabilities. Participating Member States shall take proportionate measures to ensure that employers participating in the EU Talent Pool comply with relevant national law and practice, and respect workers’ rights, including the freedom of association and affiliation, the right to take industrial action, including the right to strike and the right to negotiate and conclude collective agreements, and the principles and guidelines set out by the International Labour Organisation, including the ILO General Principles and Operational Guidelines on Fair Recruitment, in compliance with Union law. Registered jobseekers from third countries selected through the EU Talent Pool IT Platform shall enjoy equal treatment with respect to nationals of the participating Member States as of the start of their contract in this regard. |
Amendment 120
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| Employers participating in the EU Talent Pool shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment. | The use of the EU Talent Pool shall be free of charge to jobseekers from third countries. No direct or indirect charges related to the recruitment shall be charged to jobseekers. The prospective employer shall meet any work related language training and recruitment related expenses. The employer shall not be entitled to recover such fees or related costs from the jobseekers. A clear statement to the effect that no recruitment fees or costs will be charged to jobseekers shall be included in all job vacancies by default. |
Amendment 121
Proposal for a regulation
Article 13 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Job vacancies of employers participating in the EU Talent Pool shall be visible to registered jobseekers from third countries in the EU Talent Pool IT platform. | 4. All job vacancies shall be clearly linked to a registered employer participating in the EU Talent Pool. Job vacancies shall be visible to registered jobseekers from third countries in the EU Talent Pool IT platform. Each job vacancy shall include at least the habitual place of work, the type of work, the sector of activity, qualification requirements, the main tasks, the type and duration of the contract, the initial remuneration or its range, the working hours and working time, any probationary period, the amount of paid leave, parental leave and maternity protection, where such leave or protection exceeds the requirements provided for in national law, the requested language profile and, where applicable other relevant working and employment conditions, such as training entitlements. |
Amendment 122
Proposal for a regulation
Article 13 – paragraph 5
| Text proposed by the Commission | Amendment |
|---|---|
| 5. Employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform. | 5. Registered employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform. Employers may request to withdraw a job vacancy from the EU Talent Pool IT platform at any time. |
Amendment 123
Proposal for a regulation
Article 13 – paragraph 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. The employer shall provide the selected jobseeker with all the necessary information on their rights and obligations resulting from the employment relationship in a clear and comprehensive way in accordance with Directive (EU) 2019/1152. |
Amendment 124
Proposal for a regulation
Article 13 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| 6. The national authorities responsible for the relevant law and practice in the participating Member States shall immediately inform the EU Talent Pool National Contact Points on any breaches of the provisions of the relevant law and practice set out in paragraph 3 for the purposes of Article 10(2), point (e). | 6. The national authorities responsible for the relevant law and practice in the participating Member States shall immediately inform the EU Talent Pool National Contact Points of any serious infringements of the provisions of the relevant law and practice set out in paragraph 3 for the purposes of Article 10(2), point (e). The EU Talent Pool National Contact Points shall keep a register of any such infringements. In the case of serious infringements, the EU Talent Pool National Contact Point concerned, shall suspend access of registered employers to the EU Talent Pool until the infringements have been remedied or if compensation has been paid in accordance with national law. In the case of infringements of Directive 2009/52/EC or (EU) 2024/1712, access of the registered employer to the EU Talent Pool shall be terminated indefinitely. |
Amendment 125
Proposal for a regulation
Article 14
| Text proposed by the Commission | Amendment |
|---|---|
| Article 14 | deleted |
| List of EU-wide shortage occupations | |
| 1. For the purpose of this Regulation, a list of EU-wide shortage occupations at the ISCO-08 4-digit level is set out in the Annex. | |
| The Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 21 to amend the Annex, in accordance with the following criteria: | |
| (a) shortage occupations common to a significant number of participating Member States as notified to the EU Talent Pool Secretariat by the EU Talent Pool National Contact Points pursuant to Article 10(2)(c); | |
| (b) occupations which contribute directly to the EU green and digital transitions and which are likely to grow in importance. | |
| 2. The EU Talent Pool Secretariat shall publish the list of the EU-wide shortage occupations on the EU Talent Pool IT platform. |
Amendment 126
Proposal for a regulation
Article 15
| Text proposed by the Commission | Amendment |
|---|---|
| Article 15 | deleted |
| National adjustments to the list of EU-wide shortage occupations | |
| 1. The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned. | |
| The EU Talent Pool National Contact Points of the Member States notifying their participation in the EU Talent Pool pursuant to Article 3 shall notify any additions to or removals from the EU-wide list of shortage occupations at the latest 3 months before joining the EU Talent Pool. | |
| The EU Talent Pool National Contact Points of the participating Member States shall notify any additions to or removals from the EU-wide list of shortage occupations within 3 months following the amendments to the Annex. | |
| The EU Talent Pool National Contact Points may notify to the EU Talent Pool Secretariat further additions to and removals from the EU-wide list of shortage occupations maximum once a year. | |
| 2. The EU Talent Pool Secretariat shall publish the adjustments to list of EU-wide shortage occupations notified by the EU Talent Pool Contact Points on the EU Talent Pool IT platform. | |
| 3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupations taking into account the adjustments referred to in paragraph 1. |
Amendment 127
Proposal for a regulation
Article 16 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform. | 1. Registered employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform. |
Amendment 128
Proposal for a regulation
Article 16 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 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 pass’. | 2. Registered employers participating in the EU Talent Pool may use a specific gender-bias-free filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’, or identify profiles with specific skills, language skills and education level. |
Amendment 129
Proposal for a regulation
Article 16 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 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 and work experiences for the job vacancy. | 3. Registered employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based only on the relevance of their skills, qualifications and work experiences for the job vacancy. The automatic matching tool shall not take into account gender, age, ethnicity, country of origin, or religion when undertaking matching in order to avoid any bias or discrimination. |
Amendment 130
Proposal for a regulation
Article 16 – paragraph 4
| Text proposed by the Commission | Amendment |
|---|---|
| 4. Registered jobseekers from third countries may search for job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the automated matching tool. | 4. Registered jobseekers from third countries may search for registered employers or job vacancies in the EU Talent Pool independently or access a list of suggested relevant job vacancies generated by the automated matching tool. |
Amendment 131
Proposal for a regulation
Chapter V – title
| Text proposed by the Commission | Amendment |
|---|---|
| V INFORMATION PROVISION, SUPPORT SERVICES AND ACCELERATED IMMIGRATION PROCEDURES | INFORMATION PROVISION, SUPPORT SERVICES, RECOGNITION OF QUALIFICATIONS AND ACCELERATED IMMIGRATION PROCEDURES |
Amendment 132
Proposal for a regulation
Article 17 – paragraph -1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -1a. Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and ensure its promotion, including among SMEs. The information shall be clear, comprehensible and accessible, including for persons with disabilities. The information provided on the EU Talent Pool shall be available in at least all the languages of the Union institutions. |
Amendment 133
Proposal for a regulation
Article 17 – paragraph -1 a (new) – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Recruitment information for a selected jobseeker from a third country shall be provided in a language the person is reasonably expected to understand. |
Amendment 134
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make available, on the EU Talent Pool IT platform, the following information: | The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points and, where relevant, the social partners, shall make available, on the EU Talent Pool IT platform, the following up-to-date information in a user-friendly format: |
Amendment 135
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
| Text proposed by the Commission | Amendment |
|---|---|
| (a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States; | (a) information on fair recruitment and immigration procedures, on residence and work permits, on the recognition of qualifications and validation of skills, on workers' and trade union rights, on rights of third country nationals, including with regard to complaints and legal redress mechanisms, and on relevant organisations providing post-selection assistance and support to third country nationals, on intra-EU labour mobility as well as on living and working conditions in the participating Member States; |
Amendment 136
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) clear explanation to jobseekers from third countries that if they 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, their entry into and stay on the territory of all the Member States shall be prohibited. | (b) information concerning the conditions and procedures for registration of jobseekers from third countries in the EU Talent Pool, including clear explanation that if they 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, their entry into and stay on the territory of all the Member States shall be prohibited. |
Amendment 137
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) information concerning the conditions and procedures for registration of employers in the EU Talent Pool, including clearly stating that their access to the EU Talent Pool IT platform is to be suspended in accordance with Article 13(6) if they infringe Union or national law or practice in contravention of Article 13(3); |
Amendment 138
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point b b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (bb) information clarifying that registered employers shall not charge any fees to registered jobseekers from third countries related to the recruitment; |
Amendment 139
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistance to registered jobseekers from third countries and employers participating in the EU Talent Pool, in particular with regard to: | 2. Upon request from selected jobseekers from third countries or registered employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, counselling and post-selection assistance, in particular with regard to: |
Amendment 140
Proposal for a regulation
Article 17 – paragraph 2 – point c
| Text proposed by the Commission | Amendment |
|---|---|
| (c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18; | (c) specific information on third-country nationals’ rights and obligations including workers’ rights and working conditions, access to social benefits, healthcare, education and training, housing, recognition of skills and qualifications, and the complaint and redress mechanisms pursuant to Article 18; |
Amendment 141
Proposal for a regulation
Article 17 – paragraph 2 – point d
| Text proposed by the Commission | Amendment |
|---|---|
| (d) information available at national level to facilitate third-country nationals’ integration in the host Member State such as language courses, vocational training and education as well as other integration measures; | (d) information available at national level to facilitate and encourage third-country nationals’ integration in the host Member State such as certified document translation services, language courses, vocational training and education as well as other integration measures; |
Amendment 142
Proposal for a regulation
Article 17 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where available, the contact details of organisations which offer post-recruitment assistance for third country nationals. | (e) where available, the contact details of organisations which offer post-recruitment support and assistance for third country nationals; |
Amendment 143
Proposal for a regulation
Article 17 – paragraph 2 – point e a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) where relevant, specific information on disability related support services and the provision of reasonable accommodation in accordance with Council Directive 2000/78/EC. |
Amendment 144
Proposal for a regulation
Article 17 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. The EU Talent Pool National Contact Points shall offer at least once per year information sessions free of charge for jobseekers selected via the EU Talent Pool. |
Amendment 145
Proposal for a regulation
Article 17 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, including transnational support networks for mobile workers by social partner organisations. |
Amendment 146
Proposal for a regulation
Article 18 – title
| Text proposed by the Commission | Amendment |
|---|---|
| Facilitation of complaints | Facilitation of complaints and legal redress |
Amendment 147
Proposal for a regulation
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Participating Member States shall ensure that there are 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). | 1. Participating Member States shall ensure that there are accessible, affordable, effective and timely mechanisms through which registered jobseekers from third countries and workers recruited via the EU Talent Pool or, provided that the jobseekers or workers concerned consent, their representatives or the social partners, may lodge complaints in the case of a breach by the registered employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13. The complainant shall be protected from any retaliation or any other adverse consequences resulting from a complaint. |
Amendment 148
Proposal for a regulation
Article 18 – paragraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| 2. Participating Member States shall make information concerning available redress mechanisms easily accessible. | 2. Participating Member States shall make information concerning available complaints and legal redress mechanisms easily accessible. |
Amendment 149
Proposal for a regulation
Article 18 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Participating Member States shall ensure registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool have access to equality bodies as established by Directive (EU) 2024/1500 of the European Parliament and of the Council and Council Directive (EU) 2024/1499. |
Amendment 150
Proposal for a regulation
Article 19 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Participating Member States may 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. | 1. Participating Member States may decide, in accordance with national law and practice, 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. Information on these accelerated procedures shall be duly communicated and made available both to registered jobseekers and registered employers. |
Amendment 151
Proposal for a regulation
Article 19 – paragraph 2 – point b
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the exemption from the principle of preference for Union citizens for job vacancies transferred to the EU Talent Pool IT platform. | (b) the exemption from the principle of preference for Union citizens for job vacancies transferred to the EU Talent Pool IT platform in areas of shortage occupations identified by the National Contact Points. |
Amendment 152
Proposal for a regulation
Article 19 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| Article 19 a | |
| Accelerated recognition of qualifications procedures | |
| 1. Participating Member States may decide to put in place accelerated recognition of qualifications 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. This may include the validation of skills and qualifications, the formal recognition of foreign professional qualifications in case of regulated professions, or the validation of qualifications acquired in the framework of a Talent Partnership. | |
| 2. Information on accelerated recognition of qualifications procedures shall be duly communicated and made available both to jobseekers and employers. |
Amendment 153
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| 1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, data shall be gathered on: | 1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). Data collected shall be gender disaggregated, where applicable. In particular, data shall be gathered on: |
Amendment 154
Proposal for a regulation
Article 20 – paragraph 1 – point a a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the number and type of profiles of registered employers participating in the EU Talent Pool IT platform; |
Amendment 155
Proposal for a regulation
Article 20 – paragraph 1 – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the number and characteristics of unfilled vacancies by occupation and Member State in the EU Talent Pool IT platform; |
Amendment 156
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) the number of complaints lodged on the EU Talent Pool IT platform, as well as the grounds on which they are based and their characteristics; |
Amendment 157
Proposal for a regulation
Article 20 – paragraph 1 – point f b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (fb) the number of registered jobseekers from third countries suspended from the EU Talent Pool IT platform and their grounds and characteristics. |
Amendment 158
Proposal for a regulation
Article 20 – paragraph 3
| Text proposed by the Commission | Amendment |
|---|---|
| 3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group. | 3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group on a regular basis. The data shall be made publicly available. |
Amendment 159
Proposal for a regulation
Article 20 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. The EU Talent Pool Secretariat shall keep an up-to-date list of employers whose access to the EU Talent Pool IT platform has been suspended as a result of an infringement of this Regulation, in particular Article 13(3). |
Amendment 160
Proposal for a regulation
Article 21
| Text proposed by the Commission | Amendment |
|---|---|
| Article 21 | deleted |
| Exercise of the delegation | |
| 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. | |
| 2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period. | |
| 3. The delegation of power referred to in Article 14, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | |
| 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. | |
| 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. | |
| 6. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. |
Amendment 161
Proposal for a regulation
Article 23 – paragraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 EU Talent Pool activities and the application of this Regulation. The evaluation shall assess the effectiveness of the Regulation in addressing skills shortages in participating Member States and the effectiveness of the recruitment process, including in terms of ensuring fair recruitment practices, and the respect of fair and equitable working conditions. It shall also assess the impact of recruiting jobseekers from third countries through the EU Talent Pool on domestic workers and national labour markets. The report shall also analyse migration patterns resulting from the EU Talent Pool. The Commission shall propose amendments, where appropriate. |
Amendment 162
Proposal for a regulation
Annex I
| Text proposed by the Commission | Amendment |
|---|---|
| [...] | deleted |
Annex: entities or persons from whom the rapporteur has received input 3 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:
| Entity and/or person |
| ETUC – European Trade Union Confederation |
| FH – Fagbevægelsens Hovedorganisation |
| 3F - Faglig Frelles Forbund |
| FNV - Central Workers Union |
| DGB - Deutscher Gewerkschaftsbund |
| BDA - Die Arbeitgeber |
| Picum |
| ILO - International Labour Organisation |
| DA - Danish_Employers Organisation |
| ETF - European Transport Workers' Federation |
| IndustriALL |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Procedure pages
How the committees handled the text, and how their members voted on it.
Procedure – committee asked for opinion 1 paragraph
| Title | Establishing an EU talent pool | |
| References | COM(2023)0716 – C9-0413/2023 – 2023/0404(COD) | |
| Committee(s) responsible | LIBE | |
| Opinion by Date announced in plenary | EMPL 8.2.2024 | |
| Rapporteur for the opinion Date appointed | Marianne Vind 21.11.2024 | |
| Discussed in committee | 12.12.2024 | 28.1.2025 |
| Date adopted | 19.2.2025 | |
| Result of final vote | +: –: 0: | 39 12 1 |
| Members present for the final vote | Maravillas Abadía Jover, Marc Angel, Pascal Arimont, Konstantinos Arvanitis, Gabriele Bischoff, Vilija Blinkevičiūtė, Andrzej Buła, David Casa, Estelle Ceulemans, Per Clausen, Henrik Dahl, Marie Dauchy, Mélanie Disdier, Chiara Gemma, Niels Geuking, Isilda Gomes, Alicia Homs Ginel, Irena Joveva, Martine Kemp, Katrin Langensiepen, Miriam Lexmann, Marit Maij, Marlena Maląg, Jagna Marczułajtis-Walczak, Eleonora Meleti, Idoia Mendia, Maria Ohisalo, João Oliveira, Branislav Ondruš, Aodhán Ó Ríordáin, Dennis Radtke, Nela Riehl, Liesbet Sommen, Villy Søvndal, Romana Tomc, Raffaele Topo, Francesco Torselli, Brigitte van den Berg, Marie-Pierre Vedrenne, Marianne Vind, Mariateresa Vivaldini, Jan-Peter Warnke, Séverine Werbrouck | |
| Substitutes present for the final vote | Vivien Costanzo, Valérie Devaux, Rosa Estaràs Ferragut, Kathleen Funchion, Estrella Galán, Lara Magoni, Hristo Petrov, Andrea Wechsler | |
| Members under Rule 216(7) present for the final vote | Virgil-Daniel Popescu |
Final vote by roll call in committee asked for opinion 3 paragraphs
39 · For
- No group
- Branislav Ondruš, Jan-Peter Warnke
- EPP
- Maravillas Abadía Jover, Pascal Arimont, Andrzej Buła, David Casa, Henrik Dahl, Rosa Estaràs Ferragut, Niels Geuking, Martine Kemp, Miriam Lexmann, Jagna Marczułajtis-Walczak, Eleonora Meleti, Virgil-Daniel Popescu, Dennis Radtke, Liesbet Sommen, Romana Tomc, Andrea Wechsler
- Renew
- Valérie Devaux, Irena Joveva, Hristo Petrov, Brigitte van den Berg, Marie-Pierre Vedrenne
- S&D
- Marc Angel, Gabriele Bischoff, Vilija Blinkevičiūtė, Estelle Ceulemans, Vivien Costanzo, Isilda Gomes, Alicia Homs Ginel, Marit Maij, Idoia Mendia, Aodhán Ó Ríordáin, Raffaele Topo, Marianne Vind
- Greens
- Katrin Langensiepen, Maria Ohisalo, Nela Riehl, Villy Søvndal
12 · Against
- ECR
- Chiara Gemma, Lara Magoni, Marlena Maląg, Francesco Torselli, Mariateresa Vivaldini
- Patriots
- Marie Dauchy, Mélanie Disdier, Séverine Werbrouck
- The Left
- Konstantinos Arvanitis, Kathleen Funchion, Estrella Galán, João Oliveira
1 · Abstained
- The Left
- Per Clausen