Sittings · Compare
What changed
PA_Legam
SHORT JUSTIFICATION
On 15 November 2023, the European Commission published a proposal for a Regulation of the European Parliament and of the Council ‘Establishing an EU Talent Pool', which introduces a regulatory framework for the creation of an EU-wide platform aimed at facilitating international recruitment and providing opportunities for jobseekers from third countries that are interested in working in occupations for which there are EU-wide shortages. This is an important Regulation to promote regular pathways for migration and to complement EU strategies to tackle skills’ shortages in the EU, with the European Year of Skills at the forefront.
The EU Talent Pool IT platform will be a voluntary tool for interested Member States and it must be available for low, medium, and highly skilled job seekers in third countries. It will integrate specific tools to facilitate the matching between job seekers and employers.
Overall, the Rapporteur welcomes the European Commission’s proposal. However, given the importance of this topic, he introduces amendments with the overall goal of improving the recognition and validation of skills, improving the privacy of jobseekers and promoting gender balance.
More specifically, the Rapporteur stresses the need for measures that protect personal data throughout the process, to prevent discrimination and any form of retaliation, particularly in the search and match phase. The principle of non-discrimination based on identity, gender, age, nationality or country of origin must apply.
He also introduces proposals for the recognition and validation of skills from formal, non-formal, and informal learning, and qualifications such as degrees, vocational education, and other certificates such as the so-called “micro-credentials”. He also highlights the need for upskilling and reskilling training modules, mentioning that they should be accessible to those jobseekers who register or intend to register in the Talent Pool. The Rapporteur also considers that jobseekers from third countries must be given full access to social protection and workers’ rights. There should also be a strong emphasis on strategies to prevent brain drain from the third countries.
Furthermore, particular attention should be given to the promotion of gender balance, notably in STEM occupations.
In addition, the Rapporteur proposes to foresee pathways for people in need of international protection and people from disadvantaged backgrounds to leverage their skills, qualifications, and motivation, while addressing the skills and labour shortages in the Union.
Finally, the Rapporteur wants to stress the importance of safeguarding privacy and respect of the EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country nationals.
AMENDMENTS
The Committee on CultureEmployment and EducationSocial 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 13
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.
(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.
(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, in science technology, engineering, mathematics, education, and agriculture, 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.
(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations as well as to enhance the fair recruitment and protection of migrant workers in line with international human rights and labour standards1a, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States. The Commission should ensure that the automated matching tool is set up in a way that does not replicate existing biases or discriminatory practices.
__________________
1a See, for example, the ethical standards developed under the flagship initiative of the International Organization for Migration: IRIS Standard on Ethical Recruitment (https://iris.iom.int/sites/g/files/tmzbdl201/files/documents/IRIS%20Standard%20Report%20.pdf) as well as International Labour Organisation’s compilation of relevant rules and guidance in “General principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs” (https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_protect/@protrav/@migrant/documents/publication/wcms_703485.pdf).
Or. en
Amendment 2
Proposal for a regulation
Recital 2
Recital 5 a (new)
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.
(5a) Labour shortages can be the result of low wages, unattractive jobs, poor working conditions and a lack of investment in vocational education and training (VET). Addressing those issues is essential to attracting and retaining workers. 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. Decent wages, access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, as well as respect for workers’ rights, trade union rights and collective agreements are essential in this regard.
(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 in accordance with the objectives of the European Year of Skills, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Moreover, upskilling and reskilling training modules within the Talent Partnerships or in view of entering the Talent Pool shall be designed taking into consideration full access to social protection and workers’ rights, as well as strategies to prevent brain drain from third countries. Furthermore, particular attention should be given to the promotion of gender balance notably in study or training programmes related to STEM areas. Due to the current scale of the labour market shortages, the changing nature of qualifications and competences required 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.
Or. en
Amendment 3
Proposal for a regulation
Recital 3
Recital 5 b (new)
Text proposed by the Commission
Amendment
(3) In order to facilitate international(5b) recruitmentThe andEuropean provideEmployment opportunitiesServices for(EURES), third-countrywhich nationalsprovides toinformation, workadvice inand EU-widerecruitment shortageor occupations,placement anfor EUthe Talentbenefit Poolof shouldworkers beand establishedemployers inacross the formUnion, ofcan play a Union-widesignificant platformrole thatin bringsthe togetherpublication andof supportsvacant thepositions matchingwith ofa profilesview ofto registeredattracting jobseekersworkers from thirdother countriesMember residingStates. outsideEURES theshould Uniontherefore andbe jobused vacanciesto offill employersvacant establishedpositions inbefore the participatingEU MemberTalent States.Pool is used.
(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 third-country nationals studying in the Union, and job vacancies of employers established in the participating Member States.
Or. en
Amendment 4
Proposal for a regulation
Recital 56
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.
(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.
(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 domestic workforce and intra-EU mobility. 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 and initiatives 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. The concept of ‘Talent’ should also take into account trends related to future needs in term of qualifications and competences such as the transformational effects of technology (automation, AI, robotics) and the digital and green transformation.
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, have substantive business operations other than purely internal management or administrative activities in that Member State and have or intend to have a direct employment relationship with an employee from a third country. Employers should transfer job vacancies to the EU Talent Pool only where such vacancies are related to the sectors in which they have substantive business operations.
Or. en
Amendment 5
Proposal for a regulation
Recital 68
Text proposed by the Commission
Amendment
(6) The EU Talent(8) PoolIn aimsorder atto providingensure servicesthat toMember employersStates’ thatauthorities are establishedadequately represented in the participating Member States,EU includingTalent privatePool employmentSteering agencies,Group, temporaryparticipating workMember agenciesStates andshould labourappoint markettwo intermediariesrepresentatives aseach, definedone byfrom the International Labouremployment Organisationauthorities Conventionand 181one from 1997.the immigration authorities.
(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, especially to support small- and medium-sized enterprises (SMEs) and start-ups, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.
(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. The social partners should each be able to nominate two representatives to the EU Talent Pool Steering Group.
Or. en
Amendment 6
Proposal for a regulation
Recital 822
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.
(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.
(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States, in coordination, where relevant, with administrative authorities at the appropriate level, should appoint three representatives each, one from the employment authorities, one from the immigration authorities, and one from the education and training authorities. Furthermore, representatives from the European Centre for the Development of Vocational Training (CEDEFOP), the European Training Foundation (ETF), International Organisation for Migration (IOM), and an EU level agency working on integration should be included in the panel. Social partners in vocational education and training at Union level should also appoint two participants from trade unions and two participants from employer organisations to participate in the Steering Group.
(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 workers’ rights and working conditions, minimum wages, access to social protection, vocational education and training, and protection of young people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment and fair labour mobility. The involvement of the European Labour Authority is crucial in that regard.
Or. en
Amendment 7
Proposal for a regulation
Recital 923
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’.
(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.
(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 EU Talent Pool IT platform should create synergies between the educational, migration and employment authorities.
(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 the social partners, should monitor the compliance of employers with those Directives. 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 habitual place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave, the requested language profile and, where applicable other relevant working and employment conditions. 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. Travel expenses, required language training and recruitment related costs should be covered by the employer. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State.
__________________
__________________
13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj).
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, 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).
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).
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).
Or. en
Amendment 8
Proposal for a regulation
Recital 1024
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.
(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.
(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. The EU Talent Pool IT should include information about degrees and certification needed by the participating Member States.
(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. Registered jobseekers from third countries and employers participating in the EU Talent Pool should also have the possibility to search the EU Talent Pool database themselves independently. Jobseekers should have the possibility to indicate the region or Member States where they would like to work.
Or. en
Amendment 9
Proposal for a regulation
Recital 1125
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.
(25) The EU Talent Pool platform should meet established needs on the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU-wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notifications should affect the principle of preference for Union citizens.
(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. Degrees, vocational education, volunteering, work experiences, certification of skills and competences gained in non-formal learning or specific certificates such as micro-credentials should also be taken into account in the matching process. Moreover, relevant authorities should adequately provide the opportunities for job seekers and workers engaged in the platform to learn at least one of the official languages of the Union or of the Member State.
(25) 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 work or fair competition. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations, based on shortage occupations and occupations with a contribution to the green and digital transitions in the Member States.. The EU Talent Pool should not affect the principle of preference for Union citizens and should therefore be used for job vacancies and recruitment only if a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal.
__________________
Or. en
__________________
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).
Amendment 10
Proposal for a regulation
Recital 1228
Text proposed by the Commission
Amendment
(12) Tasks should be assigned to the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points to ensure the search and matching functions of the EU Talent Pool IT platform. These tasks should be considered as tasks carried out in the public interest for the performance of which it is necessary to process personal data, as referred to in Article 5(1), point (a) of Regulation (EU) 2018/17259 , and Article 6(1), point (e) of Regulation (EU) 2016/67910 , respectively. The processing of personal data, it should be carried out in compliance with Article 8 of the Charter of Fundamental Rights of the European Union, and Regulations (EU) 2018/1725 and (EU) 2016/679 of the European Parliament and of the Council.
(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.
(12) Tasks should be assigned to the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points to ensure the search and matching functions of the EU Talent Pool IT platform. These tasks should be considered as tasks carried out in the public interest for the performance of which it is necessary to process personal data, as referred to in Article 5(1), point (a) of Regulation (EU) 2018/17259 , and Article 6(1), point (e) of Regulation (EU) 2016/67910, respectively. The processing of personal data, including the right to privacy and, where appropriate, to anonymity in the Europass format or similar common EU tool, should be carried out in compliance with Article 8 of the Charter of Fundamental Rights of the European Union, and Regulations (EU) 2018/1725 and (EU) 2016/679 of the European Parliament and of the Council.
(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 and, where appropriate, in the official languages of third countries participating in the EU Talent Partnerships.
__________________
Or. en
__________________
9 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
9 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
Amendment 11
Proposal for a regulation
Recital 1430
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.
(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.
(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. Without prejudice to the right to choose, the Europass format or similar common EU tool, should be neutral and default options regarding personal data should exclude the sharing of name, surname, gender, age, country of origin, address and nationality. 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.
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support and easy access to information, as well as an intuitive navigation on the EU Talent Pool IT platform to allow jobseekers to register themselves without assistance from third parties. 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 on cases of labour exploitation and unfair recruitment practices to the EU Talent Pool Steering Group and should exclude employers that are found to have been involved with such labour exploitation or unfair recruitment practices from the EU Talent Pool. The EU Talent Pool National Contact Points should provide information to 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 active labour market measures, taxation and issues relating to employment contracts and working conditions.
Or. en
Amendment 12
Proposal for a regulation
Recital 16
Recital 30 a (new)
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.
(30a) Support networks for mobile workers by social partner organisations can play an important role in providing information to third country nationals and the promotion of fair labour mobility. Such networks should receive adequate funding.
(16) The EU Talent Pool should contribute to the objective of recognising and redressing the shortage of talents and qualifications and 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.
Or. en
__________________
__________________
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 13
Proposal for a regulation
Recital 1733
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.
(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.
(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, degrees, vocational education, certification of skills and competences gained in non-formal learning or work experiences or specific certificates such as micro-credentials and other experiences in one secure online location. To enhance the effectiveness of this process, it is essential to promote awareness among jobseekers about a simplified Europass format or similar common EU tools.
deleted
__________________
__________________
12 Decision19 (EU)Interinstitutional 2018/646Agreement ofbetween the European Parliament and ofParliament, the Council of 18 April 2018 on athe commonEuropean frameworkUnion forand the provision of better servicesEuropean forCommission skillson andBetter qualificationsLaw-Making (OJ L 112,123, 2.5.2018,12.5.2016, p. 42,1, ELI: http://data.europa.eu/eli/dec/2018/646/oj).http://data.europa.eu/eli/agree_interinstit/2016/512/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).
Or. en
Justification
The recital is deleted as the Annex is deleted.
Amendment 14
Proposal for a regulation
Recital 1836
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.
(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.
(18) Where necessary, the recognition and validation of skills from formal, non-formal learning, and work experiences, and qualifications such as degrees, vocational education diplomas, or specific certificates, such as micro-credentials, 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. In the absence of a national recognition procedure, the pool should rely on common standards for the recognition of qualifications based on the UNESCO and Council of Europe Convention on the Recognition of Qualifications concerning Higher Education in the European Region (the Lisbon Recognition Convention) and drawn up in cooperation with the European Network of Information Centres in the European Region (ENIC) and the National Academic Recognition Information Centres in the European Union (NARIC) Network, the European Qualifications Framework Advisory Group (EQF AG), CEDEFOP and ETF. The EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country national should be applied.
(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights, including the right of collective bargaining and collective action, of the European Union in accordance with Article 6 TEU.
Or. en
Amendment 15
Proposal for a regulation
Recital 19
Article 1 – paragraph 2 – point d a (new)
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.
(da) the application of the principle of equal treatment and the protection of the rights of job seekers who use or have used the EU Talent Pool.
(19) In the context of Talent Partnerships, nationals of selected third countries receive support for the development and validation of skills, degrees, vocational education, certification of skills, competences gained in non-formal learning and work experiences or specific certificates, such as micro-credentials, in a framework endorsed by Member States taking part in a Talent Partnership and partner countries. Therefore, the skills and education gained in formal and non-formal learning or through work experiences 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.
Or. en
Amendment 16
Proposal for a regulation
Recital 22
Article 2 – paragraph 1
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.
1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.
(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 and inclusion, training, lifelong learning opportunities, and protection of young people at work. In accordance with these principles, the EU Talent Pool should ensure quality employment, with equal pay for equal qualification, talent and work and respect for gender equality.
1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States and having substantive business operations in that Member State. The EU Talent Pool shall be used for job vacancies and recruitment only if a job vacancy cannot be filled through recruitment in the Union by means of national employment services or the EURES portal.
Or. en
Amendment 17
Proposal for a regulation
Recital 24
Article 2 – paragraph 1 a (new)
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.
1a. All information provided by the EU Talent Pool shall be available in a clear, comprehensive and user-friendly manner, including accessible formats for persons with disabilities respecting the relevant accessibility requirements as set out in Directives (EU) 2016/21021a and (EU) 2019/8821b.
(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 and qualifications, degrees, vocational education, certification of skills and competences gained in non-formal learning and work experiences or specific certificates such as micro-credentials - and work experiences for the job vacancy; profiles should not be based on personal data, namely name, surname, gender, age, address, country of origin and nationality. The list is generated by the automated matching tool of the EU Talent Pool IT platform.
__________________
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.
Or. en
Amendment 18
Proposal for a regulation
Recital 25 a (new)
Article 2 – paragraph 1 b (new)
Text proposed by the Commission
Amendment
(25a) The EU Talent Pool should facilitate access to people with the required qualifications and competences who are vulnerable to exclusion such as women, persons with disabilities or from minorities.
1b. This Regulation is without prejudice to Union and national requirements on occupational health and safety as well as requirements on operational safety.
Or. en
Amendment 19
Proposal for a regulation
Recital 26
Article 2 – paragraph 1 c (new)
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.
1c. This Regulation is without prejudice to sector-specific legislation.
(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, and start-ups 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. National authorities should enhance their capacity to simplify and expedite the recognition of qualifications and competences and provide relevant support and information to third-country nationals and recognition authorities.
Or. en
Amendment 20
Proposal for a regulation
Recital 26 a (new)
Article 3 – paragraph 1
Text proposed by the Commission
Amendment
(26a) Cooperation with third countries, education authorities and providers can facilitate the exchange of information and the recognition and validation of qualifications.
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. Registered employers with substantive business operations other than purely internal management or administrative activities established in the Member State concerned may transfer job vacancies to the EU Talent Pool IT platform.
Or. en
Amendment 21
Proposal for a regulation
Recital 27
Article 3 – paragraph 1 a (new)
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.
1a. 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 6 months before the date from which it intends to withdraw.
(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, the recognition and validation of degrees and other qualifications, vocational education skills and competences from non-formal learning and work experiences or specific certificates such as micro-credentials, third country nationals’ rights, living and working conditions as well as available redress mechanisms, in cooperation with social partners, 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, even in third country languages, support to obtain a travel document, and integration support upon arrival, translations or other forms of support to facilitate access to the applications.
Or. en
Amendment 22
Proposal for a regulation
Recital 27 a (new)
Article 4 – paragraph 1 – point 2
Text proposed by the Commission
Amendment
(27a) When monitoring the EU Talent Pool, the EU Talent Pool Secretariat should take into account the input of relevant civil society organisations and social partners in both participating EU Member States and third countries.
(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;
Or. en
Amendment 23
Proposal for a regulation
Recital 27 b (new)
Article 4 – paragraph 1 – point 3
Text proposed by the Commission
Amendment
(27b) People in need of international protection constitute a largely underused pool of possible talent and competences that could respond to the employers’ needs. The procedure shall ensure that the sharing of contact details is not used for possible misuse by third countries. The EU Talent pool should also foresee pathways to leverage the skills, qualifications, and motivation of people in need of international protection and people from disadvantaged backgrounds, while addressing the skills and labour shortages in the Union. Distinction should be made between addressing the EU's shortages on one hand, and assistance to refugees, asylum seekers and migrants on the other hand. The EU Talent Pool should contribute to ensure a fair, inclusive labour market across EU Member States, with equal opportunities and rights for all. In addition, the EU Talent Pool should contribute to address undeclared work and labour exploitation and abuse.
(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 that has substantive business operations other than purely internal management or administrative activities and has or intends to have a direct employment relationship with a jobseeker from a third country in that Member State;
Or. en
Amendment 24
Proposal for a regulation
Recital 28
Article 4 – paragraph 1 – point 3 a (new)
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.
(3a) ‘public employment services’ means the organisations of the Member States, as part of relevant public authorities and 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;
(28) Information provided on the EU Talent Pool IT platform should be made available at least in all the official languages in the participating Member States and, when possible, in other relevant languages for non EU-nationals.
Or. en
Amendment 25
Proposal for a regulation
Recital 30
Article 4 – paragraph 1 – point 5 a (new)
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.
(5a) ‘job vacancy’ means an offer of employment which would, if filled, allow a jobseeker to enter into an open-ended employment relationship for a full-time position in the Member State in which the participating employer is established and where the jobseeker is to habitually work.
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should 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 training opportunities, 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, with a particular focus on the gender dimension and people coming from a disadvantaged background. Such information should also include available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States, with an effective involvement of the relevant social partners. 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.
Or. en
Amendment 26
Proposal for a regulation
Recital 31
Article 5 – paragraph 2 a (new)
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.
2a. The Commission shall ensure that the automated matching tool is set up in a way that does not lead to replicating existing biases or discriminatory practices.
(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 third country students residing in the Union and jobseekers from a third country 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.
Or. en
Amendment 27
Proposal for a regulation
Article 16 – paragraph 2 – point c1
Text proposed by the Commission
Amendment
(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries and employers;
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.
(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries, third country nationals studying in the Union and employers;
1. The EU Talent Pool Secretariat may process personal data with the explicit consent of the 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.
Or. en
Amendment 28
Proposal for a regulation
Article 16 – paragraph 2 – point d3
Text proposed by the Commission
Amendment
(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership.
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.
(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership, with particular attention to the gender dimension, notably in study or training programmes related to STEM areas.
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, contact details, sector of activity, description of operations and the company registration number.
Or. en
Amendment 29
Proposal for a regulation
Article 26 – paragraph 16
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.
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.
1. This Regulation applies to jobseekers from third countries residing outside the Union, third country nationals studying in the Union and employers established in the participating Member States.
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. 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 from 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.
Or. en
Amendment 30
Proposal for a regulation
Article 4 – paragraph 1 – point -1 (new)
Article 8 a (new)
Text proposed by the Commission
Amendment
(-1) ‘Talent Pool’ means an inclusive tool targeting highly, medium and low skilled profiles from third countries. The Talent Pool shall cover the sectors for low, medium and highly skilled talents , including in small and medium-sized enterprises and start-ups;
Article 8a
Establishment and composition of the EU Talent Pool Steering Group
1. The EU Talent Pool Steering Group is established. It shall be composed of:
(a) two members from each participating Member State;
(b) two members representing the Commission;
(c) four members representing cross-industry social partner organisations at Union level, with an equal representation of trade union and employer organisations.
2. Members of the EU Talent Pool Steering Group shall be appointed on the basis of their relevant knowledge in the field of employment and immigration. All parties 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 the European Labour Authority, the Centre for the Development of Vocational Training and the European Training Foundation may also participate in the meetings of the EU Talent Pool Steering Group as observers. In addition, representatives of the sectorial social partner organisations at Union level may participate in the meetings of the EU Talent Pool Steering Group as observers. 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 as observers to its meetings.
4. Each member and observer of the EU Talent Pool Steering Group shall sign a written statement at the time of taking office 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 updates on its website.
Or. en
Justification
This new article is introduced to clearly separate the composition and the functioning of the EU Talent Pool Steering Group. As in the case of the EU-agencies, cross-sectoral social partners and the European Parliament should be included in the Steering Group.
Amendment 31
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 9 – title
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;
EU Talent Pool Steering Group
(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, taking into account the situation of third country national students, or researchers, and is seeking employment in the Union; the above mentioned groups should be allowed to participate without returning to their country of origin;
Functions of the EU Talent Pool Steering Group
Or. en
Amendment 32
Proposal for a regulation
Article 49 – paragraph 1 – point 2 aintroductory (new)part
Text proposed by the Commission
Amendment
(2a) 'Third country national student or researcher in the Union' means a person residing in the Union with a student or research visa, who is not a citizen of the Union within the meaning of Article 20(1);
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:
Or. en
Amendment 33
Proposal for a regulation
Article 59 – paragraph 21 – point f a (new)
Text proposed by the Commission
Amendment
(fa) Introduce a Cultural Ambassadors Programme that engages individuals from third countries, who have successfully integrated into the EU workforce, to share their experiences and encourage others to consider the EU as a destination of employment;
(a) providing support to the EU Talent Pool Secretariat in the preparation of the list of EU-wide shortage occupations pursuant to Article 14;
deleted
Or. en
Amendment 34
Proposal for a regulation
Article 69 – paragraph 32
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.
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.
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, degrees, vocational education, knowledge of languages, volunteering or work experiences, certification of skills and competencies acquired in non-formal learning, or specific certificates such as micro-credentials. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.
deleted
Or. en
Justification
Covered by new Article.
Amendment 35
Proposal for a regulation
Article 69 – paragraph 74
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.
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.
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. During the matching process, the IT platform shall provide a neutral Europass format or similar common EU tool which excludes personal data such as name, surname, gender, age, country of origin, nationality and address. Searches and matches through the IT platform shall not result in any form of discrimination or bias.
deleted
Or. en
Justification
Covered by new Article.
Amendment 36
Proposal for a regulation
Article 610 – paragraph 91
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).
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.
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) in line with the neutral Europass format or a similar common EU tool excluding personal data such as name, surname, gender, age, country of origin, nationality and address.
1. Each participating Member State shall designate an EU Talent Pool National Contact Point, involving relevant authorities from the field of employment and immigration, public employment services as well as the social partners at national level.
Or. en
Amendment 37
Proposal for a regulation
Article 810 – paragraph 2 – point ed
Text proposed by the Commission
Amendment
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20;
(d) keeping a registry of employers participating in the EU Talent Pool;
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20, including, if necessary, consultations with relevant civil society organisations;
(d) verifying compliance with requirements for registration and participation as well as keeping a registry of employers participating in the EU Talent Pool and overseeing the quality of job vacancies, including the provision laid down in Article 13(3);
Or. en
Amendment 38
Proposal for a regulation
Article 910 – paragraph 12 – point be
Text proposed by the Commission
Amendment
(b) providing support to the EU Talent Pool Secretariat in the planning and coordination of the activities of the EU Talent Pool;
(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;
(b) providing support to the EU Talent Pool Secretariat in the planning and coordination of the activities of the EU Talent Pool, including facilitating exchanges and synergies with intra-EU education and labour mobility authorities;
(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 or social partners responsible for enforcing the relevant law and practice;
Or. en
Amendment 39
Proposal for a regulation
Article 910 – paragraph 2 – point g
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.
(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.
2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool and, when appropriate, education and certification authority representatives from third countries of origin may participate in the meetings of the EU Talent Pool Steering Group as observers.
(g) providing information and support services in cooperation with social partners to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17.
Or. en
Amendment 40
Proposal for a regulation
Article 910 – paragraph 42 – point g a (new)
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.
(ga) identifying national shortage occupations for the purpose of the EU Talent Pool.
4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of at least two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Furthermore, the group shall include, as observers, one representative from the educational institutions at Union level, one from CEDEFOP, one from the ETF and one from the EU authority in charge of integration. Other civil society organisations with relevant expertise in education and training fields may be invited to participate. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.
Or. en
Justification
Instead of an EU-wide list, shortage occupations should be defined at Member State level. The annex is consequently deleted.
Amendment 41
Proposal for a regulation
Article 10 – paragraph 13 a (new)
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.
3a. EU Talent Pool National Contact Points shall remain neutral during collective bargaining disputes, such as strikes or lockouts, in accordance with applicable labour law. They shall put ongoing recruitment processes on hold and shall not transfer any job vacancies related to the dispute until it is settled.
1. Each participating Member State shall designate EU Talent Pool National Contact Points. Participating Member States shall ensure that relevant authorities from the field of employment, immigration, and education and training are appointed as the EU Talent Pool National Contact Points, where appropriate, in coordination with other competent authorities.
Or. en
Amendment 42
Proposal for a regulation
Article 1011 – paragraph 2 – point b1
Text proposed by the Commission
Amendment
(b) transferring job vacancies to the EU Talent Pool1. ITJobseekers platformfrom throughthird thecountries singlemay coordinatedcreate channeltheir andprofiles facilitatingvia the matching between registered jobseekersEuropass fromprofile thirdbuilder countriesin andorder employersto participatingregister inon the EU Talent Pool;Pool IT platform.
(b) transferring job vacancies to the EU Talent Pool1. ITJobseekers platformfrom throughthird thecountries singlewho coordinatedwish channelto andregister facilitatingon the matching betweenEU registeredTalent jobseekersPool fromIT thirdPlatform countriesshall andcreate employerstheir participatingprofiles invia the EU Talent Pool, usingEuropass simpleprofile procedures;builder.
Or. en
Amendment 43
Proposal for a regulation
Article 11 – paragraph 14
Text proposed by the Commission
Amendment
1.4. Jobseekers from third countries may create their profiles via the Europass profile builderregistered in order to register on the EU Talent Pool IT platform.platform may search for job vacancies.
1.4. Jobseekers from third countries may create their profilesregistered viain athe simplifiedEU versionTalent ofPool theIT Europassplatform ormay anothersearch commonfor EUquality tooljob invacancies orderoffered toby registeremployers onfrom the EU Talent Poolparticipating ITMember platform.States.
Or. en
Amendment 44
Proposal for a regulation
Article 1112 – paragraph 21
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.
1. Participating Member States taking part in a Talent Partnership may decide to rely on the EU Talent Pool to facilitate the recruitment of jobseekers from that third country whose skills were developed or validated in the framework of that Talent Partnership and certified by an ‘EU Talent Partnership pass’.
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. Authorities shall ensure a process to verify the qualifications and competences provided.
1. Participating Member States taking part in a Talent Partnership may decide to rely on the EU Talent Pool to facilitate the recruitment of jobseekers from that third country whose skills were developed or validated in the framework of that Talent Partnership and certified by an ‘EU Talent Partnership pass’, provided that quality employment is available to them.
Or. en
Amendment 45
Proposal for a regulation
Article 1113 – paragraph 3title
Text proposed by the Commission
Amendment
3. ProfilesParticipation of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool.Pool
3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool. The matching phase through the neutral Europass format or similar common EU tool shall not disclose personal data of jobseekers such as name, surname, gender, age, country of origin, nationality and address.
Registration and participation of employers in the EU Talent Pool
Or. en
Amendment 46
Proposal for a regulation
Article 1113 – paragraph 4 a (new)1
Text proposed by the Commission
Amendment
4a. The procedure shall ensure that the sharing of qualifications and certification details is not used for possible misuse by third countries.
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 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. Employers shall transfer job vacancies only where such vacancies are related to the sectors in which they have substantive business operations.
Or. en
Amendment 47
Proposal for a regulation
Article 1213 – paragraph 3 –1 pointa b(new)
Text proposed by the Commission
Amendment
(b) the qualification acquired and the skills of the third country national which have been validated in the context of the Talent Partnership, including skills and competencies relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;
1a. The EU Talent Pool National Contact Points shall, together with the relevant national authorities, as appropriate, carry out checks relating to the employers before their profile is registered and activated. Such checks shall include checking any arrears in salary payments, social security payments and tax payments, as well as any criminal record of the natural person in charge of the undertaking. The verification shall be repeated every two years after the employer is registered.
(b) the qualification acquired and the skills of the third country national which have been validated in the context of the Talent Partnership, including skills and competencies gained in non-formal learning or as part of work experiences, and specific certificates such as micro-credentials relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;
Or. en
Amendment 48
Proposal for a regulation
Article 1213 – paragraph 42 – point b a (new)
Text proposed by the Commission
Amendment
4. The Commission shall, by means of implementing acts, adopt templates for the format of the ‘EU Talent Partnership pass’. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).
(ba) have already been posted on EURES, but are still vacant.
4. The Commission shall, by means of implementing acts, adopt templates for the format of the ‘EU Talent Partnership pass’. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2). The EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country national shall apply.
Or. en
Amendment 49
Proposal for a regulation
Article 1213 – paragraph 62 – point b b (new)
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.
(bb) comply with Union and national law and practice as regards terms and conditions of employment.
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 on the understanding that the registered jobseekers receive concrete offers, including, education and training modules in the Member States concerned. The EU Talent Pool Secretariat shall publish information on the application of this paragraph on the EU Talent Pool IT platform.
Or. en
Amendment 50
Proposal for a regulation
Article 13 – paragraph 13 a– (new)subparagraph 1
Text proposed by the Commission
Amendment
1a. Employers shall be encouraged to allocate resources for language training programs for jobseekers, fostering cultural understanding and promoting inclusiveness.
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.
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice, including applicable collective agreements, as well as the ILO General Principles and Operational Guidelines on Fair Recruitment, to ensure third-country nationals’ protection against unfair recruitment, inadequate working conditions and discrimination. Participating Member States shall 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 strike and take industrial action, and the right to negotiate and conclude collective agreements.
Or. en
Amendment 51
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 12
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.
Employers participating in the EU Talent Pool shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment.
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 and gender equality. 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.
The use of the EU Talent Pool shall be free of charge for jobseekers from third countries and there shall be no direct or indirect charges for the purpose of the recruitment. Travel expenses, required language training and recruitment related expenses shall be covered by the employer.
Or. en
Amendment 52
Proposal for a regulation
Article 13 – paragraph 6 a (new)4
Text proposed by the Commission
Amendment
6a. The Commission shall support Member States to ensure that the EU Talent Pool and the matching of qualifications and competences provide the conditions for equal treatment, decent work conditions, labour and trade union rights as well as access to healthcare services.
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. 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. Each job vacancy shall include at least the habitual place of work and the type of work, sector of activity, description of the employer’s operation, qualification requirements, the main tasks, the type and duration of contract, the remuneration, the working time and working hours, the amount of paid leave, the requested language profile and, where applicable other relevant working and employment conditions.
Or. en
Amendment 53
Proposal for a regulation
Article 1613 – paragraph 36
Text proposed by the Commission
Amendment
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.
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).
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 and competences, formal, non-formal and informal qualifications, vocational education, degrees or specific certificates (“micro-credentials”) and work experiences for the job vacancy.
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). The EU Talent Pool National Contact Points shall keep a register of those breaches to prevent repetitions. Employers that have been sanctioned for criminal activities or for infringements of applicable labour standards or of relevant Union or national law or practice shall be denied access to, or be suspended from, the EU Talent Pool for a period of five years from the date of the decision denying or suspending access.
Or. en
Amendment 54
Proposal for a regulation
Article 16 – paragraph 4 a (new)
Article 14
Text proposed by the Commission
Amendment
4a. Encourage increased awareness among universities regarding the EU Talent Pool, emphasising the potential for researchers and students who are third country nationals to apply.
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.
Or. en
Justification
Article is deleted as the Annex is deleted. The list of shortage occupations should be created by the Member States.
Amendment 55
Proposal for a regulation
Article 16 – paragraph 4 b (new)
Article 15
Text proposed by the Commission
Amendment
4b. Ensure that individuals who have participated in Erasmus+ mobility programmes receive favourable consideration in the matching process by recognising qualifications obtained through Erasmus+ programmes as valuable assets within the EU Talent Pool.
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.
Or. en
Justification
Article is deleted as the Annex is deleted. The list of shortage occupations should be created by the Member States.
Amendment 56
Proposal for a regulation
Article 1716 – paragraph 1 – subparagraph 14
Text proposed by the Commission
Amendment
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible.
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.
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and shall ensure its promotion.
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. Jobseekers from third countries and employers participating in the EU Talent Pool may also search the Talent Pool independently.
Or. en
Amendment 57
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 in cooperation with the social partners, shall make available, on the EU Talent Pool IT platform, the following information:
Or. en
Amendment 58
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
(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 concerningon fair recruitment and immigration procedures, on the recognition of qualifications and validation of skills and competences,skills, vocationalon education,workers' degreesand ortrade specificunion certificatesrights, (“micro-credentials”),on rights of third country nationals, including with regard to access to justice and available redress mechanismsmechanisms, and on relevant organisations supporting third country nationals as well as information on living and working conditions in the participating Member States;
Amendment 58
Or. en
Amendment 59
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 registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, counselling and post-selection assistance to registered jobseekers and workers from third countries, where relevant in the jobseeker’s or worker’s own language, and employers participating in the EU Talent Pool, in particular with regard to:
Or. en
Amendment 60
Proposal for a regulation
Article 17 – paragraph 2 – point c
(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 access to social benefits, health assistance,care, education, training,housing,housing, recognition of qualifications, certification of non-formalskills and informal learning, vocational education, degrees or specific certificates (“micro-credentials”)qualifications and the complaint mechanismand redress mechanisms pursuant to Article 18;
Amendment 59
Or. en
Amendment 61
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 such as trade unions, employer associations and chambers of commerce.
Or. en
Amendment 62
Proposal for a regulation
Article 17 – paragraph 3
3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market.
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 labourlevel, marketincluding andtransnational establishsupport follow-upnetworks mechanismsfor tomobile monitorworkers whetherby thesocial assistancepartner requiredorganisations, bysupporting the jobseekerintegration orof employerthird wascountry providednationals inon athe satisfactorylabour manner.market.
Amendment 60
Or. en
Amendment 63
Proposal for a regulation
Article 2018 – paragraph 2title
Text proposed by the Commission
Amendment
2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics.
Facilitation of complaints
2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics giving especial attention to disaggregated data by categories such as gender, disability and age.
Facilitation of complaints and redress
Amendment 61
Or. en
Amendment 64
Proposal for a regulation
Article 2018 – paragraph 3 a (new)1
Text proposed by the Commission
Amendment
3a. A report of the performance and a summary of aggregated data of the EU Talent Pool should be made publicly available on a regular basis.
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).
Amendment 62
1. Participating Member States shall ensure that there are accessible, effective and timely mechanisms through which registered jobseekers and workers from third countries, their representatives or the social partners 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) and other relevant provisions. The complainant shall be protected from any retaliation or any other adverse consequences resulting from a complaint.
Or. en
Amendment 65
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 redress mechanisms easily accessible in languages that third-country nationals can understand or are reasonably be expected to understand.
Or. en
Amendment 66
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2a. The EU Talent Pool National Contact Points shall suspend the access of an employer participating in the EU Talent Pool and shall remove that employer’s job vacancies from the EU Talent Pool IT platform as soon as they are made aware of any breach by that employer of the obligations and conditions set out in Article 13(3). The EU Talent Pool National Contact Points shall also provide information on such breaches and relevant measures taken to the EU Talent Pool Steering Group.
Or. en
Amendment 67
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 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. Such procedures may include obtaining visas and residence permits for work purposes.
Or. en
Amendment 68
Proposal for a regulation
Article 19 – paragraph 2
Text proposed by the Commission
Amendment
2. The procedure referred to paragraph 1 may cover:
deleted
(a) the obtention of visas and residence permits for work purposes;
(b) the exemption from the principle of preference for Union citizens for job vacancies transferred to the EU Talent Pool IT platform.
Or. en
Amendment 69
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). In particular, gender disaggregated data shall be gathered on:
Or. en
Amendment 70
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Text proposed by the Commission
Amendment
(fa) a public list of employers whose access to the EU Talent Pool IT platform has been suspended as a result of a breach of the obligations and conditions laid down in Article 13(3) and other relevant provisions.
Or. en
Amendment 71
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Text proposed by the Commission
Amendment
1a. The EU Talent Pool Secretariat shall monitor the impact of recruiting jobseekers from third countries on the working conditions of domestic workers as well as on the labour markets of sending countries.
Or. en
Amendment 72
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.
Or. en
Justification
The Article is deleted as the Annex is deleted.
Amendment 73
Proposal for a regulation
Article 23 – paragraph 1
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 31.12.203031.12.2031 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. The evaluation shall assess the effectiveness of the Regulation in addressing skills shortages and in ensuring fair and equitable working conditions. The Commission shall propose, where appropriate, necessary amendments and modifications.
Or. en
Amendment 74
Proposal for a regulation
Annex I
Text proposed by the Commission
Amendment
[...]
deleted
Or. en
ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
The rapporteur for the opinion declares under her exclusive responsibility that she did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.
The rapporteur has received input from the following entities or persons in the preparation of the draft opinion
PROCEDURE – COMMITTEE ASKED FOR OPINION
Entity and/or person
Title
ETUC – European Trade Union Confederation
Establishing an EU talent pool
FH – Fagbevægelsens Hovedorganisation
References
3F - Faglig Frelles Forbund
COM(2023)0716 – C9-0413/2023 – 2023/0404(COD)
FNV - Central Workers Union
Committee(s) responsible
DGB - Deutscher Gewerkschaftsbund
LIBE
BDA - Die Arbeitgeber
Opinion by
Picum
Date announced in plenary
ILO - International Labour Organisation
CULT
DA - Danish_Employers Organisation
8.2.2024
ETF - European Transport Workers' Federation
Rapporteur for the opinion
IndustriALL
Date appointed
The list above is drawn up under the exclusive responsibility of the rapporteur.
Nela Riehl
3.12.2024
Date adopted
19.2.2025
Result of final vote
+:
–:
0:
22
5
0
Members present for the final vote
Nikolaos Anadiotis, Laurence Farreng, Mario Furore, Sunčana Glavak, Lara Magoni, Eleonora Meleti, Nikos Pappas, Hristo Petrov, Giusi Princi, Emma Rafowicz, Sabrina Repp, Diana Riba i Giner, Nela Riehl, Manuela Ripa, Sandro Ruotolo, Joanna Scheuring-Wielgus, Malika Sorel, Marco Squarta, Zala Tomašič, Bogdan Andrzej Zdrojewski
Substitutes present for the final vote
Maria Guzenina, Nikola Minchev, Nikos Papandreou, Hélder Sousa Silva, Sabine Verheyen
Members under Rule 216(7) present for the final vote
Anja Arndt, Pascale Piera
FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION
Key to symbols: