Artikelen bij COM(2023)716 - Oprichting van een eu-talentenpool

Dit is een beperkte versie

U kijkt naar een beperkte versie van dit dossier in de EU Monitor.

dossier COM(2023)716 - Oprichting van een eu-talentenpool.
document COM(2023)716 EN
datum 15 november 2023

Inhoudsopgave

CHAPTER - I

GENERAL PROVISIONS

Article 1 - Subject matter

1.This Regulation establishes an EU Talent Pool available to all Member States to facilitate recruitment of jobseekers from third countries residing outside the Union.

2.This Regulation lays down rules on:

(a)the authorities responsible for the management and functioning of the EU Talent Pool and the cooperation between them;

(b)the functioning of the EU Talent Pool IT platform and related support services;

(c)the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries and employers;

(d)the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership.

Article 2 - Scope

1.This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.

Article 3 -   Participation

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.

2.Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform.

Article 4 - Definitions

1.For the purposes of this Regulation, the following definitions shall apply:

(1)‘participating Member States’ means Member States participating in the EU Talent Pool;

(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;

(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;

(4)‘profile’ means the information provided by a jobseeker from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform;

(5)‘single coordinated channel’ means the IT service that is set up for the transmission of job vacancies from the participating Member States to the EU Talent Pool IT platform according to a uniform system and using the necessary technical infrastructure.

CHAPTER I - I

IT SYSTEM ARCHITECTURE

Article 5 - EU Talent Pool IT platform

1.The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries is established.

2.The EU Talent Pool IT platform shall be composed of:

(a)the single coordinated channel enabling participating Member States to transfer job vacancies to the EU Talent Pool database;

(b)the technical infrastructure enabling the EU Talent Pool database to receive the job vacancies from the participating Member States;

(c)the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries;

(d)the technical infrastructure to enable the EU Talent Pool National Contact Points, and employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies;

(e)the automated matching tool;

(f)the secure communication channel to enable registered jobseekers and employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform.

3.The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

4.Participating Member States and the EU Talent Pool Secretariat referred to in Article 8 shall ensure technical interoperability between national systems and the EU Talent Pool IT platform. The EU Talent Pool Secretariat shall ensure the interface with other relevant instruments and services offered at Union level, where appropriate.

Article 6 - Processing of personal data

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.

2.The EU Talent Pool National Contact Points may process personal data of employers participating in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679.

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. 

4.The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.

5.The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries shall have the right to choose from a number of technical options to restrict access to their personal data.


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.

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.

8.The data of registered jobseekers from third countries shall be accessible only to employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points.

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).

CHAPTER II - I

GOVERNANCE

Article 7 - Structure

1.The EU Talent Pool shall consist of:

(a)the EU Talent Pool Secretariat;

(b)the EU Talent Pool Steering Group;

(c)the EU Talent Pool National Contact Points;

Article 8 - EU Talent Pool Secretariat 

1.The Commission shall provide the EU Talent Pool Secretariat.

2.The Secretariat shall be responsible for:

(a)ensuring the overall management of the EU Talent Pool, including the planning and coordination of the activities of the EU Talent Pool;

(b)setting up and managing the EU Talent Pool IT platform and related IT services necessary for its functioning, in particular by using already available technical infrastructure at Union level where relevant;

(c)publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(3), Article 10(2), point (f), Article 12(5),(6) and (7), Article 14(2) and Article 15(2); 

(d)preparing the meetings of the EU Talent Pool Steering Group;

(e)collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20;

(f)convening regular meetings of the Network of the EU Talent Pool National Contact Points referred to in Article 10 to exchange information and best practices on the technical implementation at national level of this Regulation.

Article 9 - EU Talent Pool Steering Group

1.The EU Talent Pool Steering Group is established. The EU Talent Pool Steering Group is responsible for:

(a)providing support to the EU Talent Pool Secretariat in the preparation of the list of EU-wide shortage occupations pursuant to Article 14;

(b)providing support to the EU Talent Pool Secretariat in the planning and coordination of the activities of the EU Talent Pool;

(c)facilitating the gathering of data relevant for the monitoring activities of the EU Talent Pool referred to in Article 20;

(d)discussing the implementation of accelerated immigration procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19.

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.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.

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.

Article 10 - EU Talent Pool National Contact Points

1.Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points.

2.The EU Talent Pool National Contact Point shall be responsible for:

(a)facilitating the functioning of the EU Talent Pool IT platform at national level in accordance with Article 5;

(b)transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;

(c)notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

(d)keeping a registry of employers participating in 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;

(f)providing information to the EU Talent Pool Secretariat on immigration and recognition procedures at national level, including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20;

(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.

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.

CHAPTER I - V

REGISTRATION OF JOBSEEKERS FROM THIRD COUNTRIES AND PARTICIPATION OF EMPLOYERS IN THE EU TALENT POOL

Article 11 - Registration and access of jobseekers from third countries

1.Jobseekers from third countries may create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

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.

3.Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool.

4.Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies.

Article 12 - Profile registration and access of jobseekers from third countries in the context of Talent Partnerships

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.Jobseekers from third countries who have received an ‘EU Talent Partnership pass’ certifying the skills developed or validated in the context of a Talent Partnership may register their profile in the EU Talent Pool IT platform linking their profiles to the ‘EU Talent Partnership pass’.

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:

(a)the details of education and training obtained by the third country national participating in the Talent Partnership, including the subject-matter of education the training, its duration and the type of skills obtained and their level;

(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;

(c)any other information considered relevant for the purpose of the recruitment. 

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).

5.The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.

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.

7.The list of third countries and participating Member States taking part in a Talent Partnership and the relevant occupations covered therein shall be published on the EU Talent Pool IT platform.

Article 13 - Participation of employers in the EU Talent Pool

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.

2.The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform job vacancies that:

(a)fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for a Talent Partnership;

(b)are open to the recruitment of jobseekers from third countries in accordance with the principle of preference for Union citizens, where applicable under national law.

3.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.

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.

5.Employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform.

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).

Article 14 - 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.

Article 15 - 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.

Article 16 - Search and matching

1.Employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform. 

2.Employers participating in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’.

3.Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.

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.

CHAPTER - V

INFORMATION PROVISION, SUPPORT SERVICES AND ACCELERATED IMMIGRATION PROCEDURES

Article 17 - Information provision and support services

1.Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible.

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:

(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; 

(b)clear explanation to jobseekers from third countries that if they are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council, their entry into and stay on the territory of all the Member States shall be prohibited.

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:

(a)specific information on national immigration procedures to obtain visas and residence permits for work purposes following the selection process;

(b)specific guidance and information on family reunification procedures and family members’ rights;

(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;

(d)information available at national level to facilitate third-country nationals’ integration in the host Member State such as language courses, vocational training and education as well as other integration measures;

(e)where available, the contact details of organisations which offer post-recruitment assistance for third country nationals.

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.

Article 18 - Facilitation of complaints

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).

2.Participating Member States shall make information concerning available redress mechanisms easily accessible.

Article 19 - Accelerated immigration procedures

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.

2.The procedure referred to paragraph 1 may cover:

(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.

CHAPTER V - I

FINAL PROVISIONS

Article 20 - Monitoring activities

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:

(a)the number and type of profiles of registered jobseekers from third-countries registered in the EU Talent Pool IT platform;

(b)the number and type of job vacancies transferred to the EU Talent Pool IT platform;

(c)the number of visits on the EU Talent Pool IT platform;

(d)the number and type of job placements facilitated via the EU Talent Pool;

(e)the number of ‘EU Talent Partnerships passes’ issued;

(f)the number of placements facilitated via the EU Talent Pool in the context of the Talent Partnerships.

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.

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.

Article 21 - 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.

Article 22 - Committee procedure

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.

2.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 23 - Reporting

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.

Article 24 - Entry into force

1.This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties.