17 Amendments of Elena DONAZZAN related to 2023/0404(COD)
Amendment 78 #
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 and care, agriculture, 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 potentiallyfurther aggravate in the light of demographic challengethe negative demographic trends such as low births rates and depopulating areas.
Amendment 87 #
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, improving education opportunities and modernising vocational education and training, 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, attracting talents from third countries via legal migration is key tocould complement thoese actions and must be part of the solution to fully support the twin transition. However, the principle of preference of EU citizens should always be applied.
Amendment 113 #
Proposal for a regulation
Recital 5
Recital 5
(5) The EU Talent Pool should aim at supporting participating Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. 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. Member States should always be able to withdraw from the EU Talent Pool.
Amendment 154 #
Proposal for a regulation
Recital 16
Recital 16
(16) The EU Talent Pool should contribute to the objective of improving security within the EU and discouraging irregular migration including by facilitating access to existing legal pathways. Jobseekers from third countries who do not provide an eligible criminal record or 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 191 #
Proposal for a regulation
Recital 23
Recital 23
(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. __________________ 13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third- country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj). 14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj). 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). 17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj). 18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).
Amendment 201 #
Proposal for a regulation
Recital 25
Recital 25
(25) The EU Talent Pool platform should meet established needs on the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU- wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notificationsMember States,. EU Talent Pool should only be used for job vacancies submitted by the respective Member State which cannot be filled by EU citizens. The Talent Pool should not affect the principle of preference for Union citizens.
Amendment 236 #
Proposal for a regulation
Recital 31
Recital 31
Amendment 248 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States. 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.
Amendment 273 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform. 3. A Member State may decide, at any time, to withdraw from the EU Talent Pool. It shall notify its decision to the Commission at the latest 3 months before the date from which it intends to withdraw.
Amendment 370 #
Proposal for a regulation
Article 10 – paragraph 2 – point g a (new)
Article 10 – paragraph 2 – point g a (new)
(ga) identifying national shortage occupations for the purpose of the EU Talent Pool.
Amendment 380 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to beprovide an eligible criminal record and who are not subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.
Amendment 420 #
Proposal for a regulation
Article 13 – paragraph 2 – point a
Article 13 – paragraph 2 – point a
Amendment 451 #
Proposal for a regulation
Article 14
Article 14
Amendment 457 #
Proposal for a regulation
Article 15
Article 15
Amendment 532 #
Proposal for a regulation
Article 19
Article 19
Amendment 566 #
Proposal for a regulation
Article 21
Article 21