Establishing an EU talent pool

The European Parliament adopted by 414 votes to 182, with 21 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool.

The European Parliament adopted its position at first reading by amending the Commission's proposal as follows.

Objective

It is specified that the regulation establishes an EU talent pool, available to all Member States, in order to:

- facilitate the recruitment of jobseekers from third countries who reside outside the Union and have the relevant skills and level of qualifications to fill shortage occupations in the Union;

- promote fair recruitment standards;

- enhance the Union’s ability to attract talent from outside the Union.

The regulation lays down rules concerning the facilitation of the recruitment of job seekers from third countries who have benefited from specific support under a talent partnership, a bilateral agreement or a national framework for skills development and validation in a third country, as well as the protection of the rights of jobseekers, participating employers and other participating entities for the purposes of the regulation.

Participation and withdrawal of Member States

Any Member State may, at any time, decide to participate in the EU Talent Pool. It should notify the Secretariat of its intention at the latest 9 months before the date from which it intends to participate and indicate the types of entities allowed to make job vacancies available on the IT Platform. A participating Member State may withdraw from the EU Talent Pool.

Structure

The EU talent pool consists of: (i) the secretariat; (ii) the steering group and (iii) the national contact points.

The steering group will be composed of (i) two representatives from each participating Member State, including one employment expert and one immigration expert; (ii) two representatives from the Commission; and (iii) six representatives from cross-industry social partner organisations at Union level, with equal representation from trade unions and employers' organisations. An expert from the European Parliament may be invited to attend the steering group meetings, as may representatives from third countries participating in talent partnerships, bilateral agreements, or national frameworks for skills development and validation in a third country.

Each participating Member State must designate a national contact point, composed of employment and immigration experts from the relevant national authorities. The national contact point will be responsible for, inter alia:

- facilitating the functioning of the IT Platform at national level;

- making job vacancies available on the IT Platform through the single coordinated channel;

- removing job vacancies from the IT Platform and profiles of registered jobseekers from third countries following the transmission of relevant information by the national competent authorities;

- keeping registries of employers and other entities who have been permanently excluded from the EU Talent Pool or whose access to the EU Talent Pool has been refused or suspended;

- checking the registry before making a job vacancy available and refusing access to the IT Platform by employers on the basis of other information on infringements of relevant Union or national law and practice that have been established.

Registration and access for jobseekers from third countries

Job seekers from non-EU/EEA countries can create their profiles using the Europass profile creation tool to register on the online platform. Profiles of registered jobseekers from third countries who made a false declaration should be removed from the IT Platform following the transmission of the relevant information by the national competent authorities. These profiles must be visible to participating employers and other participating entities.

Job seekers from third countries will be able to indicate in their profile whether they have participated in a talent partnership, a bilateral agreement, or a national skills development and validation framework. The platform will implement a flag integrated into the profile to facilitate this.

Candidates must specify: (i) the name of the partnership, agreement, or framework concerned; (ii) the training courses completed, their duration, their purpose, and the skills developed (including language skills). They may also attach supporting documents or other information relevant to the recruitment process.

The flag indicator will serve only as information: it is without prejudice to entry and residence rights.

Profiles of registered jobseekers from third countries may also include information on the availability of the jobseeker from a third country to start work and the Member States of preference.

Participation of employers

Job vacancies made available on the IT Platform should include at least the following information: (i) the name and contact details of the employer with whom the jobseeker from a third country would engage in a direct employment relationship and of any other participating entity; (ii) the job description; (iii) the duration of the employment contract; and (iv) the normal place of work. The EU talent pool may not be used to recruit trainees or apprentices.

Participating employers must comply with applicable national and EU legislation and practices regarding the protection of third-country nationals against unfair recruitment, inadequate working conditions, discrimination, adverse treatment, and human trafficking, where applicable. They must also comply with applicable collective agreements that protect third-country nationals' right to freedom of association and their right to collective bargaining.

Member States may decide to permanently exclude participating employers from the EU talent pool in the case of criminal offences relating to the employment of third-country nationals residing illegally.