42 Amendments of Carlos ZORRINHO related to 2023/0404(COD)
Amendment 17 #
Proposal for a regulation
Recital 1
Recital 1
(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 and social transitions. Labour shortages are expected to persist and potentially aggravate in the light of demographic challenges.
Amendment 18 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The EU Talent Pool should contribute to SDG 5 on Gender Equality by promoting the inclusion of women in all sectors and occupations, avoiding gender-segregation and following the policy framework of the Gender Action Plan III.
Amendment 19 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) The EU Talent Pool should take into consideration that access to internet is low in some developing regions, such as Sub-Saharan Africa, and consider that this may hinder the participation of potential jobseekers.
Amendment 20 #
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) The EU Talent Pool should promote skills-based migration that relies on genuine partnerships and contributes to sustainable development for all. Thus, the perspective of participating third countries should be taken into consideration, particularly as regards potential consequences on brain-drain which can lead to third countries losing the human capital they economically invested in; as well as possible consequences on family disintegration that could contribute to the 'left-behind' children phenomenon and the loss of care resources, therefore possibly worsening the care-drain.
Amendment 23 #
Proposal for a regulation
Recital 2
Recital 2
(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration through regular channels is key to complement those actions and must be part of the solution to fully support the twinriple transition.
Amendment 37 #
Proposal for a regulation
Recital 10
Recital 10
(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. Synergies should also be ensured with EU-funded education programmes in developing countries, such as the Global Partnership for Education, Education Cannot Wait and the Erasmus+ programme. 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.
Amendment 40 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of discouraging irregular migration including by facilitating access to existing legal pathways, as well as boosting international mobility, skills development, contributing to human capital development by promoting decent work and social inclusion. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union. To this end, jobseekers from third countries should be required, before registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. __________________ 11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
Amendment 44 #
Proposal for a regulation
Recital 17
Recital 17
(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using, where appropriate, the Europass12 profile builder functionality enabling to create a free profile without any pictures and report the relevant skills, qualifications, and other experiences in one secure online location. __________________ 12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).
Amendment 45 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Eligibility and selection criteria should be transparent, non-discriminatory and promote equal-treatment, considering a wide-range of skills and capacities, and providing opportunities for persons with disabilities.
Amendment 46 #
Proposal for a regulation
Recital 18
Recital 18
(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. It should be considered that the process of recognition of qualifications and validation of skills varies between Member States, and that the participating Member States with less effective practices may take longer to process the information of registered jobseekers, which may negatively affect the functioning of the EU Talent Pool in some Member States. Therefore, the EU Talent Pool should serve as a tool to promote a smoother recognition of qualifications and validation of skills in the participating Member States. 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.
Amendment 47 #
Proposal for a regulation
Recital 19
Recital 19
(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. The selection of participating third countries in the Talent Partnerships should be fully transparent, with precise information on the functioning and outcome of the selection process. 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.
Amendment 62 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs on the labour market, while promoting employment stability and combating precarity, 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 while taking into account the possible risk of brain-drain and care- drain from developing countries 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.
Amendment 64 #
Proposal for a regulation
Recital 26
Recital 26
(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers through information campaigns, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool.
Amendment 65 #
Proposal for a regulation
Recital 27
Recital 27
(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, including labour and trade union 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, following IOM standards. 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 cshould include specific information campaigns, support to obtain a travel document, and integration support upon arrival, including existing state assistance services for migrants.
Amendment 71 #
Proposal for a regulation
Recital 29
Recital 29
(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States, in collaboration with organisations of Europeans living abroad and migrant organisations in the EU. Considering the low access to private internet connection in some developing countries and regions, jobseekers who wish to create a profile in the EU Talent Pool should be able to do it, when possible, physically in the Delegations of the European Union in third countries.
Amendment 72 #
Proposal for a regulation
Recital 30
Recital 30
(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional supportThe EU Talent Pool National Contact Points should provide additional support to promote fair recruitment and offer easy access to information and to the navigation on the platform or to complete online procedures and thereby reduce workers’ dependency on private and sometimes informal intermediaries for such tasks. 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 mayshould 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, as well as contact information of relevant institutional bodies and other organisations that can provide support to file a complaint. 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. Clear and accessible information and guidance should be provided to jobseekers as well as employers throughout the recruitment process.
Amendment 76 #
Proposal for a regulation
Recital 37
Recital 37
(37) Participating Member States should implement this Regulation in full compliance with all EU Charter of Fundamental Rights obligations and in particular without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, languages, religious or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or, sexual orientation, as well as on the basis of socio-cultural background or gender identity. The respect of fair and just working conditions and the protection of young people at work should be ensured.
Amendment 89 #
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20, including gender, age and disability disaggregated data, and on the impacts of this Regulation on developing countries, especially regarding the brain-drain and care-drain phenomenon, and its impact on reducing inequalities and guaranteeing decent work and economic growth;
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(fa) Making sure that the EU Talent Pool National Contact Points provide sufficient information and support services to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17;
Amendment 93 #
Proposal for a regulation
Article 8 – paragraph 2 – point f b (new)
Article 8 – paragraph 2 – point f b (new)
(fb) Guaranteeing that information about the EU Talent Pool is delivered efficiently to potential jobseekers from third countries, by engaging with refugee communities (inside and outside of the EU), with organisations responsible for refugee reception and integration, employers’ associations, trade unions, and other bodies responsible for employment relationships;
Amendment 94 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) facilitating the gathering of data relevant for the monitoring activities of the EU Talent Pool referred to in Article 20, in coordination with the European External Action Service, responsible for the Delegations of the EU in third countries;
Amendment 96 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The EU Talent Pool Steering Group shall meet twice a year, or on ad-hoc basis when necessary. The meetings shall be convened and chaired by the Commission and with presence of the European External Action Service.
Amendment 98 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. Representatives of the cross- industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union, two participants from relevant civil society organisations 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 intereste selection of the participants from trade union, civil society and employer organisations shall be fully transparent and reflect the diversity present in all sectors. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest. In addition, the Steering Group shall also establish consultations with other relevant stakeholders from third countries, including local civil society organisations.
Amendment 103 #
Proposal for a regulation
Article 10 – paragraph 2 – point d a (new)
Article 10 – paragraph 2 – point d a (new)
(da) Ensuring that employers participating in the EU Talent Pool are respecting provisions pursuant to Article 13 (3) and are promoting equal treatment and non-discrimination of workers and jobseekers from third countries on the basis of gender, ethnic or social origin, socio-cultural background, genetic features, languages, religious belief, political or any other opinions, membership of a national minority, property, birth, disability, age, sexual orientation or gender identity by doing the necessary labour inspections. Attention should be especially given to occupations with higher rates of labour exploitation, such as care services, cleaning services and domestic work, hospitality, retail and transportation.
Amendment 106 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The EU Talent Pool National Contact Points from each participating Member State shall be regularly convened by the EU Talent Pool Secretariat in the Network of the EU Talent Pool National Contact Points to exchange information and best practices on the implementation of this Regulation and should issue public communications about the progress in implementing the Regulation.
Amendment 107 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Jobseekers from third countries may create their profiles, where appropriate, via the Europass profile builder in order to register on the EU Talent Pool IT platform. The profiles on the EU Talent Pool IT platform should not include pictures of the jobseekers.
Amendment 108 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. The creation of the profile via the Europass profile builder should not constitute a prerequisite for potential jobseekers to register in the EU Talent Pool IT platform.
Amendment 109 #
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. When possible, jobseekers who wish to create a profile in the EU Talent Pool should be able to do it physically in the Delegations of the European Union in third countries.
Amendment 110 #
Proposal for a regulation
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The ‘EU Talent Partnership pass’ shall be visible on the EU Talent Pool IT platform and shall contain information on one or more of the following elements, without including pictures of the jobseekers:
Amendment 116 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination, and to be up to date with their tax obligations. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.
Amendment 117 #
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
Employers participating in the EU Talent Pool shall not charge fees or related costs to registered jobseekers from third countries for the purpose of the recruitment. A clear statement that no recruitment fees or costs are charged to workers should be made visible in job vacancies.
Amendment 122 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 – point b
Article 14 – paragraph 1 – subparagraph 2 – point b
(b) occupations which contribute directly to the EU green, social and digital transitions and which are likely to grow in importance, with special attention to professional care work.
Amendment 123 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. The EU Talent Pool Secretariat shall publish the list of the EU-wide shortage occupations on the EU Talent Pool IT platform and should review the list regularly to make sure it reflects the changes in shortages over the years.
Amendment 131 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – introductory part
Article 17 – paragraph 1 – subparagraph 2 – introductory part
The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points and the European External Action Service, shall make available, on the EU Talent Pool IT platform, the following information:
Amendment 132 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 2 – point a
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 mechanismaccess to justice and redress mechanisms, and support organisations as well as information on living and working conditions in the participating Member States;
Amendment 136 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
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, as well as information on best practices for managing remittances to reduce transaction costs under the concept of co- development;
Amendment 142 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Participating Member States shall ensure that there are gender-responsive, fair, affordable and 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 144 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The EU Talent Pool IT Platform shall feature a directly accessible complaint mechanism for registered jobseekers against unlawful recruitment as well as abusive employment practices, indicating the relevant institutional body or organisation they should refer to.
Amendment 153 #
Proposal for a regulation
Article 20 – paragraph 1 – point f a (new)
Article 20 – paragraph 1 – point f a (new)
(fa) the impact of the regulation on developing countries through clear indicators that measure its impact on SDG 5 on gender equality, SDG 8 on decent work and economic growth and SDG 10 on reduced inequalities.
Amendment 157 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group and the Delegations of the European Union.
Amendment 158 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall be assisted by a Committee established by this Regulation. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 and should include relevant civil society stakeholders.
Amendment 159 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. By 31.12.203127 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, taking into account its impact on the objectives of EU development cooperation in line with the principle of Policy Coherence for Development and the advancements of the SDGs in participating third countries, especially SDG 5 on Gender Equality, SDG 8 on Decent Work and Economic Growth and SDG 10 on Reduced Inequalities.