What changed between the plenary report and the adopted text

Removed:Recital 3: (3) In order to enhance the Union’s attractiveness for talent from third countries, facilitate fair international recruitment, overcome labour and skills shortages 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 participating employers established in the participating Member States.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2026/1047.)

Removed:Recital 3 a (new): (3a) The EU Talent Pool should contribute to achieving the United Nations’ Sustainable Development Goals (SDGs), in particular Goal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and Goal 10 to reduce inequality within and among countries. The implementation of this Regulation should comply with the principle of policy coherence for development, supporting the achievement of the SDGs in the Union and in third countries, as well as with the European Consensus on Development.

Removed:Recital 4: (4) Commission Recommendation (EU) 2020/13644 encourages Member States to put in place and support complementary labour pathways for those in need of international protection5. Similar recommendations have also been adopted by the European Parliament, for example, in the resolution of 20 May 2021 on new avenues for legal labour migration4a and the resolution of 25 November 2021 with recommendations to the Commission on legal migration policy and law4b. The EU Talent Pool could also support the operationalisation of the complementary pathways. / 4a Resolution of the European Parliament of 20 May 2021 on new avenues for legal labour migration (OJ C 15, 12.1.2022, p. 196). / 4b Resolution of the European Parliament of 25 November 2021 with recommendations to the Commission on legal migration policy and law (OJ C 224, 8.6.2022, p. 69).

Removed: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 in addition to the activation of the domestic workforce and intra-EU mobility in order to achieve that 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, while not replacing existing national structures. Member States’ specific needs and initiatives should be taken into account in the development of the EU Talent Pool in order to ensure the most successful implementation possible. Hence, ‘talent’ is an encompassing term referring to the entire range of skills, competences and qualifications that might be needed by the Member States’ labour markets.

Removed:Recital 6: (6) The EU Talent Pool aims at providing free of charge services to jobseekers from third countries and to employers that are lawfully established and that genuinely perform substantial economic activities in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention (No 181) concerning Private Employment Agencies of 1997 and Directive 2008/104/EC of the European Parliament and of the Council1a. / 1a Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).

Removed:Recital 7: (7) Strong partnerships and bilateral cooperation with third countries are a precondition for effective migration schemes and facilitate the creation of mutual gains for the Union, its Member States and third countries. The EU Talent Pool should also support the implementation of Talent Partnerships, bilateral arrangements and national frameworks on skills development and validation in a third country, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum6 and are operationalised in line with the communication of the Commission of 27 April 2022 on attracting skills and talent to the EU7. In order too be successful and sustainable, Talent Partnerships should always support skills development in third countries and encourage circular migration in order to avoid brain drain from third-country nationals’ countries of origin. The participation of a Member State in the Talent Partnership should be without prejudice to their decision on the participation in the EU Talent Pool.

Removed:Recital 8: (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. In addition, six representatives of the cross-industry social partner organisations at Union level should also be members of the EU Talent Pool Steering Group, as well as one expert appointed by the European Parliament as an observer. It should also be possible to invite representatives from Union bodies, offices and agencies, international organisations, third countries participating in Talent Partnerships and other relevant stakeholders to attend the meetings of the EU Talent Pool Steering Group. Such organisations and stakeholders could include the European Labour Authority, the European Centre for the Development of Vocational Training, the European Foundation for the Improvement of Living and Working Conditions, the European Training Foundation, the International Labour Organization, the International Organization for Migration, local and regional authorities and civil society organisations.

Removed:Recital 9: (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 'Talent Partnership pass'. The IT platform should be user-friendly and ensure intuitive navigation. It should also be easily accessible for persons with disabilities in accordance with Directives (EU) 2016/21021a and (EU) 2019/8821b of the European Parliament and the Council. / 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2026 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p.1, ELI: http://data.europa.eu/eli/dir/2016/2102/oj). / 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 (OJ L 151, 7.6. 2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).

Removed:Recital 10: (10) Synergies should be ensured, to the extent possible, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to facilitating access to valuable training resources such as those offered by the EU Academy and the Interoperable Europe Academy and skills profiling tools such as the EU Skills Profile Tool for Third-Country Nationals. 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 safe, bias-free and innovative features and tools, which will enhance the platform’s functionality, user experience and ability to meet evolving needs of the labour market efficiently and effectively.

Removed:Recital 11: (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) 2016/589 of the European Parliament and of the Council8 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, registered 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 registered jobseekers and required by the registered employers, thereby enabling a high-quality matching process. In accordance with Commission Recommendation (EU) 2023/26118a, all types of qualifications and skills may be taken into account, such as vocational education and training, degrees, specific certificates (’micro-credentials’) as well as skills and competences gained in non-formal and informal settings. 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 t…

Removed:Recital 13: (13) The processing for the purpose of the search and matching functions of the EU Talent Pool IT platform should be limited to personal data necessary to identify the registered jobseekers from third countries and registered employers participating in the EU Talent Pool, to enable the search and matching on the EU Talent Pool IT platform as well as for data collection to improve the functioning of the Talent Pool. This should not require processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725.

Removed:Recital 14: (14) Registered jobseekers from third countries and registered employers 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 in the EU Talent Pool IT platform that have not been accessed for a period of one year should be automatically removed. Profiles of registered employers participating in the EU Talent Pool IT platform that have not been used for a period of two years should be automatically removed. A notification should be sent two months prior to the removal of any profile, allowing for a reasonable time for the owner of the profile to react. 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. Job vacancies should be removed from the EU Talent Pool IT platform once registered employers notify the successful completion of the recruitment.

Removed:Recital 15: (15) Without prejudice to their obligation to inform data subjects about the processing of their personal data and their rights as data subjects in accordance with Articles 12 and 13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU) 2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points should also inform registered jobseekers and registered employers participating in the EU Talent Pool about their rights to technically restrict access to their personal data and to require, at any time, the deletion or modification of their personal data included in their profiles.

Removed:Recital 15 a (new): (15a) Employers from participating Member States wishing to register on the EU Talent Pool IT platform should be able to create a profile free of charge and provide all information required. The competent national authorities should carry out checks on employers before their profiles are transferred to the EU Talent Pool IT platform by the National Contact Points. Such checks should cover relevant administrative or judicial decisions to which the employer has been subject.

Removed:Recital 16: (16) The EU Talent Pool should contribute to the objective of discouraging irregular migration including by addressing some of its root causes and 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. Clear information should also be provided on the consequences for making a false declaration in this respect, namely the removal of the jobseeker’s profile from the EU Talent Pool IT platform and the suspension of access to the EU Talent Pool. The EU Talent Pool IT platform should include a clear explanation to jobseekers from third countries that registration in the EU Talent Pool or selection for a job vacancy through the EU Talent Pool IT platform does not guarantee entry, or entry and stay, in the territory of the Member States.

Removed:Recital 16 a (new): (16a) Where a breach by a registered employer of the relevant law or practice referred to in this Regulation is notified to the EU Talent Pool National Contact Points by the authorities responsible for enforcing that relevant law and practice, the employer’s access to the EU Talent Pool should be suspended and their job vacancies should be removed. The suspension should be lifted without delay once the relevant national authorities have notified the National Contact Points of the fact that the breach of the relevant law and practice has been remedied or once the employer concerned has demonstrated that it has been remedied.

Removed:Recital 17: (17) Jobseekers from third countries wishing to register in the EU Talent Pool should be able to create a profile via manual input, using the EU Skills Profile Tool for Third-Country Nationals or via the Europass profile builder functionality in accordance with Decision (EU) 2018/646 of the European Parliament and of the Council1 enabling them to create a free profile and indicate their relevant skills, including language skills, qualifications, competences, specific certificates such as micro-credentials and other experiences, an upload relevant documents in one secure online location.

Removed:Recital 18: (18) Where necessary, the recognition of qualifications and validation of skills from formal and non-formal learning and work experiences, and of 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 participating 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.

Removed:Recital 19: (19) In the context of Talent Partnerships, bilateral arrangements or national frameworks on skills development and validation in a third country, 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, bilateral arrangements or national frameworks on skills development and validation in a third country should be certified by the 'Talent Partnership pass' which is visible in the context of the EU Talent Pool. Registered employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries to visualise those having obtained 'Talent Partnership pass'. This could encourage employers to offer a job placement in the Union. Member States, should determine the conditions for the issuing of the 'Talent Partnership pass' for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholders should support its delivery, as well as the provisions on comparability and recognition of qualifications. The issuing of a 'Talent Partnership pass' is without prejudice to European and national rules on access to regulated professions.

Removed:Recital 20: (20) The EU Talent Pool Secretariat should publish the list of third countries and Member States participating in Talent Partnerships on the EU Talent Pool IT platform together with the relevant occupations targeted by each partnership.

Removed:Recital 21: (21) In the context of a Talent Partnership, skills development and validation may be targeted to the job market of one or more participating Member States. Member States may contribute, also financially, to developing and implementing the support to skills development and validation offered in the context of a Talent Partnership. Therefore, if so decided by the Member States participating in the Talent Partnership, only employers established in one or more Member States participating in a Talent Partnership should be able, for a maximum period of six months, to search for registered jobseekers holding an ‘EU Talent Partnership pass’. This possibility could, in particular, apply in cases where skills development was specifically targeted to the needs of a Member State. Information on whether this possibility is applied and in which cases should be provided on the EU Talent Pool IT platform, in order to inform registered jobseekers from third countries and employers participating in the EU Talent Pool. All employers participating in the EU Talent Pool may search the profiles of registered jobseekers holding a 'Talent Partnership pass' after this period of time has elapsed. Jobseekers from third countries who received support under a Talent Partnership should always have the possibility to register in the EU Talent Pool as any other third country national, without having to declare the existence of 'Talent Partnership pass' and so be able to apply for jobs in other Member State…

Removed:Recital 22: (22) 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. 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, pay, minimum wages, access to social protection, health care, vocational education and training and life-long learning. In accordance with those principles, and without prejudice to national law, the EU Talent Pool should ensure quality employment. The EU Talent Pool should also strive to promote the inclusion of persons with disabilities in accordance with the United Nations Convention on the Rights of Persons with Disabilities, the protection of young people at work as well as gender equality. Registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool should have access to equality bodies as established by Directive (EU) 2024/1500 of the European Parliament and of the Council1a and Council Directive (EU) 2024/14991b / 1a Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU (OJ L, 2024/1500,…

Removed:Recital 23: (23) The International Labour Organization (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, including the principle that workers are not to be charged directly or indirectly, in whole or in part, any recruitment fees or related costs. Accordingly, participation in the EU Talent Pool should be free of charge. In addition, employers are required to 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 Directives (EU) 2024/123313, 2014/36/EU14, 2021/1883/EU15, and 2016/801/EU16 of the European Parliament and of the Council. In accordance with Directive 2019/1152/EU of the European Parliament and of the Council17, 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 and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee or related…

Removed:Recital 24: (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, as well as their availability. The list is generated by the automated matching tool of the EU Talent Pool IT platform or, where jobseekers and employers agree to use them, by other matching algorithms run on the EU Talent Pool IT platform. The automated matching tool should avoid any bias or discrimination prohibited under Union or national law and should have in-built safeguards in that regard. Jobseekers from third countries should be able to indicate in which region or Member State they are interested in working.

Removed: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 and improving competitiveness, 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.

Removed:Recital 26: (26) In order to promote fair recruitment and strengthen transparency for jobseekers from third countries and for employers who wish to recruit from third countries, the EU Talent Pool Secretariat, with the support of the National Contact Points and the EU Talent Pool Steering Group, should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, especially small and medium-sized enterprises (SMEs) in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions, obligations and procedures for the registration and participation in the EU Talent Pool and should stress that its use is free of charge.

Removed:Recital 27: (27) In order to promote fair recruitment and strengthen transparency towards jobseekers from third countries, the EU Talent Pool Secretariat, with the support of the National Contact Points, should ensure that easily accessible information is available on the EU Talent Pool IT platform. That information should cover employment and immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights and obligations, 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 should include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

Removed:Recital 28: (28) Information provided on the EU Talent Pool IT platform should be made available in at least one of the official languages of the participating Member States.

Removed:Recital 28 a (new): (28a) To ensure the effective promotion and visibility of the EU Talent Pool among employers in the Union, the Commission should conduct comprehensive online and offline awareness-raising campaigns targeted at employers, in particular at SMEs.

Removed:Recital 29: (29) Union delegations 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. With the support of the Commission and in cooperation with the EU Talent Pool Steering Group, Union delegations should conduct comprehensive communication and information campaigns in third countries to promote the EU Talent Pool and establish it as a global brand.

Removed:Recital 30: (30) In order to ensure the successful integration and retention of jobseekers from third countries recruited in the EU Talent Pool, it is paramount that those jobseekers receive adequate opportunities and support. Upon request from registered jobseekers from third countries or employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support. That support could 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 in accordance with Union and national law and practice such as access to social benefits, health assistance, education and training, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights and obligations, and existing measures to facilitate and encourage integration in the host Member State such as language courses and vocational training. Such information should also include available complaints and legal 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 …

Removed:Recital 30 a (new): (30a) Member States may provide standardised specific information to registered jobseekers who have been selected for a job vacancy in the EU Talent Pool, including by referring to existing sources. In addition, the National Contact Points should be able to refer jobseekers to appropriate sources of information or the competent authorities concerned.

Removed:Recital 31: (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 and for the jobseekers themselves, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes. In order to reduce the burden of bureaucratic procedures and make recruitment procedures more effective for companies, participating Member States should put in place accelerated immigration procedures covering the non-application of the labour market test for job vacancies posted on the EU Talent Pool IT platform and the recognition of qualifications and skills of jobseekers from a third country developed or validated in the framework of an EU Talent Partnership, a bilateral arrangement or a national framework and certified by a 'Talent Partnership pass' . The implementation of accelerated immigration procedures should 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. Nothing in this in Regulation affects the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, in accordance with Article 79(5) Treaty on the Functioning of …

Removed:Recital 33: (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 and to supplement this Regulation by establishing technical standards for the adoption of the subcategories of personal data to be processed, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as rules 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 and to supplement this Regulation by laying down provisions concerning the integration into the EU Talent Pool IT platform of automatic matching algorithms provided by third parties and the functioning of those algorithms. 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 Me…

Removed:Recital 35: (35) The advisory procedure should be used for the adoption of the templates for the format of the ‘EU Talent Partnership pass’. The examination procedure should be used for the adoption and updating of the technical standards for the data exchange, data formats, job vacancies formats and profiles formats for jobseekers from third countries and employers.

Removed:Recital 36: (36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, including the right of collective bargaining and action, in accordance with Article 6 of the Treaty on European Union (TEU).

Removed:Recital 37: (37) Participating Member States are required to 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. The respect of fair and just working conditions, and the protection of young people at work and gender equality should be ensured.

Removed:Recital 39 a (new): (39a) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council1a and delivered an opinion on 9 January 2024. / 1a 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 1247/2022/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj).

Removed:Article 1 – paragraph 1: 1. This Regulation establishes an EU Talent Pool available to all Member States in order to: / (a) facilitate recruitment of jobseekers from third countries residing outside the Union of all skills and qualifications levels; / (b) promote fair recruitment standards as set out in the ILO General Principles and Operational Guidelines on Fair Recruitment; / (c) enhance the Union’s ability to attract talent from outside the Union.

Removed:Article 1 – paragraph 2 – point b: (b) the functioning of the EU Talent Pool IT platform, in compliance with the applicable standards on user-friendliness and accessibility, and related support services, including the provision of information;

Removed:Article 1 – paragraph 2 – point d: (d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership or a Member State framework on validation of skills and qualifications of third-country nationals;

Removed:Article 1 – paragraph 2 – point d a (new): (da) the protection of the rights of registered jobseekers, jobseekers selected for a job vacancy in the EU Talent Pool and employers participating in the EU Talent Pool.

Removed:Article 2 – paragraph 1: 1. This Regulation applies to jobseekers from third countries residing outside the Union of all skills and qualifications levels and employers established in the participating Member States.

Removed:Article 2 – paragraph 1 a (new): 1a. This Regulation applies to job vacancies transferred to the EU Talent Pool IT platform to carry out work in the territory of a participating Member State where the employer is established and where the jobseeker will normally work.

Removed:Article 3 – title: Participation of Member States

Removed:Article 4 – paragraph 1 – point 2: (2) ‘jobseeker from a third country’ means a natural person residing outside the Union of legal age under national law who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union

Removed:Article 4 – paragraph 1 – point 3: (3) ‘employer’ means any natural person, or any legal entity, lawfully established in a participating Member State for whom or under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies as defined by Directive 2008/104/EC and labour market intermediaries;

Removed:Article 4 – paragraph 1 – point 4: (4) ‘profile’ means the information provided by a jobseeker from a third country or by an employer via a standard data format for the purpose of seeking an employment or registration in the EU Talent Pool through the EU Talent Pool IT platform;

Removed:Article 4 – paragraph 1 – point 5 a (new): (5a) ‘job vacancy’ means a paid post that is newly created, unoccupied, or about to become vacant in the participating Member State where the employer is established and where the jobseeker will normally work for which the employer is taking active steps and is prepared to take further steps to find a suitable candidate from outside the enterprise concerned and which the employer intends to fill either immediately or within a specific period of time.

Removed:Article 5 – paragraph 1: 1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries is established. The EU Talent Pool IT platform shall comply with the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Removed:Article 5 – paragraph 2 – point a: (a) the single coordinated channel enabling participating Member States to transfer job vacancies and profiles of registered employers to the EU Talent Pool database through their National Contact Points;

Removed:Article 5 – paragraph 2 – point c: (c) the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries and of registered employers;

Removed:Article 5 – paragraph 2 – point d: (d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and registered employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies;

Removed:Article 5 – paragraph 2 – point e: (e) an automated default matching tool as well as the technical infrastructure to enable the use of third-party matching algorithms;

Removed:Article 5 – paragraph 2 – point f: (f) the secure communication channel to enable registered jobseekers and registered employers participating in the EU Talent Pool to communicate and exchange documents within the EU Talent Pool IT platform.

Removed:Article 5 – paragraph 2 a (new): 2a. The design and functioning of the EU Talent Pool IT platform shall ensure that the automated matching tool does not lead to unfair biases or discriminatory practices prohibited under Union or national law.

Removed:Article 5 – paragraph 3: 3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, Europass, job vacancies formats and profiles formats for jobseekers from third countries and registered employers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Removed:Article 6 – paragraph 3: 3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality or nationalities, information on academic and professional qualifications, volunteering or work experience, other skills and language knowledge. Profiles of registered jobseekers may include additional information, such as their participating Member States of preference and their availability to start work.

Removed:Article 6 – paragraph 3 a (new): 3a. Profiles of employers participating in the EU Talent Pool registered on the platform shall include the employer’s name, the contact details of the person responsible for recruitment, the company registration number, its sector of activity and a brief description of the employer’s operations.

Removed:Article 6 – paragraph 4: 4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and registered 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.

Removed:Article 6 – paragraph 5: 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 and registered employers shall have the right to choose from a number of technical options to edit, delete or restrict access to their personal data.

Removed:Article 6 – paragraph 6: 6. Profiles of registered jobseekers from third countries that have not been accessed for a period of one year and those of 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 jobseekers or employers concerned shall be automatically notified one month prior that their profiles shall be removed if they are not accessed within that period.

Removed:Article 6 – paragraph 7: 7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from third countries and the profiles and job vacancies of registered employers participating in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform.

Removed:Article 6 – paragraph 8: 8. The data of registered jobseekers from third countries shall be accessible only to registered employers participating in the EU Talent Pool, to the EU Talent Pool National Contact Points and, where a jobseeker chooses to use them, to additional automatic matching algorithms. The data of registered 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 and, where a participating employer chooses to use them, to additional automatic matching algorithms.

Removed:Article 6 – paragraph 8 a (new): 8a. Processing of the special categories of personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 for the purpose of searching and matching shall be prohibited.

Removed:Article 6 – paragraph 9: 9. The Commission shall adopt delegated acts in accordance with Article 21 supplementing this Regulation by establishing further provisions on the personal data to be processed and included in the job vacancies, jobseekers’ and employers’ 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.

Removed:Article 8 – paragraph 2 – point c: (c) publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(2), Article 10(2), point (f), Article 12(5), (6) and (7), Article 14(2), Article 15(2) and Article 17;

Removed:Article 8 a (new): Article 8a / Composition of the EU Talent Pool Steering Group / 1. The EU Talent Pool Steering Group is established. / 2. The EU Talent Pool Steering Group shall be composed of the following members: / (a) two members from each participating Member State, including a representative of the migration authorities and a representative of the employment authorities; / (b) two members representing the Commission; / (c) six members representing cross-industry social partner organisations at Union level, with an equal representation of trade unions and employer organisations. / 3. An expert of the European Parliament may be invited to attend the meetings of the EU Talent Pool Steering Group. / 4. Representatives of Union bodies, offices and agencies, representatives of international organisations, representatives of third countries participating in Talent Partnerships and other relevant stakeholders may be invited to attend the meetings of the EU Talent Pool Steering Group to present their views. / 5. 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. / 6. The representatives referred to in paragraph 2, point (c), shall sign a written statement declaring that they are not in a situation of conflict of interest. The EU Talent Pool Secretariat shall publish those statements and updates to those statements on its we…

Removed:Article 9 – title: Functions of the EU Talent Pool Steering Group

Removed:Article 9 – paragraph 1 – introductory part: 1. The EU Talent Pool Steering Group is responsible for:

Removed:Article 9 – paragraph 1 – point a a (new): (aa) ensuring the exchange of best practices among Member States regarding the national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

Removed: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, including feedback data following the recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool;

Removed:Article 9 – paragraph 1 – point d: (d) discussing and exchanging best practices regarding the implementation of accelerated immigration procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19;

Removed:Article 9 – paragraph 1 – point d a (new): (da) providing support to the Commission and the Union delegations in third countries and to international organisations pursuant to Article 17(3b).

Removed:Article 9 – paragraph 2: deleted

Removed:Article 9 – paragraph 4: deleted

Removed:Article 10 – paragraph 1: 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 to their EU Talent Pool National Contact Points.

Removed:Article 10 – paragraph 2 – point b: (b) transferring the employer profiles and job vacancies which fulfil the requirements laid out in Article 13 to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and registered employers participating in the EU Talent Pool;

Removed:Article 10 – paragraph 2 – point c: (c) notifying to the EU Talent Pool Secretariat of the national list of shortage occupations every six months and of any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

Removed:Article 10 – paragraph 2 – point d: (d) keeping a registry of employers participating in the EU Talent Pool based on the employer profiles registered on the EU Talent Pool IT platform;

Removed:Article 10 – paragraph 2 – point e: (e) suspending the access of employers participating in the EU Talent Pool and removing their profiles and 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 Union or national law and practice;

Removed:Article 10 – paragraph 2 – point f: (f) providing information to the EU Talent Pool Secretariat on national procedures for recruitment, immigration and recognition of qualifications , including with regard to the implementation of the principle of preference for Union citizens or any suspension thereof under accelerated immigration procedures pursuant to Article 19, and relevant data for the monitoring of the EU Talent Pool as set out in Article 20;

Removed:Article 10 – paragraph 2 – point g: (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) and in cooperation with social partners, local and regional authorities and, where applicable, organisations which offer post-recruitment assistance to third-country nationals.

Removed:Article 11 – paragraph 1: 1. Jobseekers from third countries may who wish to register on the EU Talent Pool IT platform shall be able to create their profiles via manual input, CV import, the Europass profile builder, the EU Skills Profile Tool for Third-Country Nationals or any other tool approved by the EU Talent Pool Secretariat.

Removed:Article 11 – paragraph 2 a (new): 2a. Where an EU Talent Pool National Contact Point establishes that a jobseeker from a third country meets one of the criteria set out in paragraph 2, the National Contact Point shall remove that jobseeker’s profile from the EU Talent Pool IT platform. That jobseeker may create a new profile once the decision or ban referred to in paragraph 2 no longer applies.

Removed:Article 11 – paragraph 2 b (new): 2b. Profiles of jobseekers who have made a false declaration with regard to the information referred to in paragraph 2 shall be removed from the EU Talent Pool IT platform.

Removed:Article 11 – paragraph 3: 3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to registered employers participating in the EU Talent Pool.

Removed:Article 12 – title: Profile registration and access of jobseekers from third countries in the context of EU Talent Partnerships, bilateral arrangements or national frameworks on the development of skills and validation in a third country

Removed:Article 12 – paragraph 1: 1. Participating Member States taking part in an EU Talent Partnership or having in place bilateral arrangements with third countries or a national framework on skills development and validation in a third country 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 a 'Talent Partnership pass'.

Removed:Article 12 – paragraph 2: 2. Jobseekers from third countries who have received a' 'Talent Partnership pass' certifying the skills developed or validated in the context of a Talent Partnership, a bilateral arrangement or a national framework on skills development and validation in a third country may register their profile in the EU Talent Pool IT platform linking their profiles to the 'Talent Partnership pass'.

Removed:Article 12 – paragraph 2 a (new): 2a. Jobseekers from a third country who have received a ‘Talent Partnership pass’ and who as a result of being selected for a job vacancy in the EU Talent Pool subsequently seek a permit for highly-qualified employment in accordance with Directive (EU) 2021/1883 shall automatically benefit from the provisions laid down in the second subparagraph of Article 11(1) and in Article 13(2) of that Directive.

Removed:Article 12 – paragraph 2 b (new): 2b. Jobseekers from a third country who have received a ‘Talent Partnership pass’ and who as a result of being selected for a job vacancy in the EU Talent Pool subsequently seek a single permit in accordance with Directive (EU) 2024/1233 shall receive a decision on their application in accordance with Article 5(2) of that Directive. For the purpose of such applications for single permits, the provisions of Article 8(3) and (4) of that Directive shall not apply.

Removed:Article 12 – paragraph 3 – introductory part: 3. The '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:

Removed:Article 12 – paragraph 3 – point a: (a) the details of education and training obtained by the third country national participating in the EU Talent Partnership, bilateral arrangement or national framework, including the subject-matter of education the training, its duration and the type of skills obtained and their level;

Removed:Article 12 – paragraph 3 – point b: (b) the qualification acquired and the skills of the third country national which have been validated in the context of the EU Talent Partnership, bilateral arrangement or national framework, including skills and competencies relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;

Removed:Article 12 – paragraph 4: 4. The Commission shall, by means of implementing acts, adopt templates for the format of the 'Talent Partnership pass'. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

Removed:Article 12 – paragraph 5: 5. The conditions for the issuance of the 'Talent Partnership pass' shall be determined by the Member States in the framework of the Talent Partnership in which they are participating or in the context of the bilateral arrangement or the national framework those Member States have put in place. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.

Removed:Article 12 – paragraph 6: 6. Participating Member States may decide, in the framework of the relevant EU Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an 'Talent Partnership pass', for a maximum period of six months, to employers established in one or more Member States taking part in that same EU Talent Partnership. The EU Talent Pool Secretariat shall publish information on the application of this paragraph on the EU Talent Pool IT platform.

Removed:Article 12 – paragraph 7: 7. The list of third countries and participating Member States taking part in an EU Talent Partnership and the relevant occupations covered therein shall be published on the EU Talent Pool IT platform.

Removed:Article 13 – title: Registration and participation of employers in the EU Talent Pool

Removed:Article 13 – paragraph 1: 1. Employers interested in participating in the EU Talent Pool shall request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their profiles and job vacancies to the EU Talent Pool IT platform. That request shall be facilitated through an add-on function within existing national job posting processes.

Removed:Article 13 – paragraph 2 – point a: (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 an EU Talent Partnership or bilateral arrangements or national frameworks on skills development and validation in a third country listed in the EU Talent Pool IT platform;

Removed:Article 13 – paragraph 2 – point b: (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, unless the accelerated immigration procedures referred to in Article 19 apply;

Removed:Article 13 – paragraph 2 – point b a (new): (ba) include, at least, the following information: a link to the employers’ profile in the EU Talent Pool IT platform, the identity of the employer who would engage in a direct employment relationship with the employee or on whose behalf the vacancy is posted, job title, type and duration of the contract, job description, regular place of work, working time and working hours, remuneration, paid leave and contact details.

Removed:Article 13 – paragraph 3 – subparagraph 1: Employers participating in the EU Talent Pool shall comply with the relevant Union law and national law and practice, including applicable collective agreements, to ensure third-country nationals’ right to freedom of association and collective bargaining, 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, such as the ILO General Principles and Operational Guidelines on Fair Recruitment, in compliance with Union law. The competent national authorities of Participating Member States are responsible to verify these conditions and the compliance with Union and national law of employers interested in participating in the EU Talent Pool.

Removed:Article 13 – paragraph 3 – subparagraph 2: The use of the Talent Pool shall be free of charge for jobseekers from third countries. Employers participating in the EU Talent Pool shall not charge any fees or related costs to registered jobseekers from third countries for the purpose of the recruitment, neither before nor after the completion of the recruitment process.

Removed:Article 13 – paragraph 4 a (new): 4a. Employers shall receive access to the EU Talent Pool IT platform as soon as their vacancies and profiles have been transferred to that platform by the National Contact Points. In the case of a group of companies, a company authorised to represent that group shall be able to access the EU Talent Pool IT platform also for the other companies of that group.

Removed:Article 13 – paragraph 5: 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 fulfilled job vacancies shall subsequently automatically cease to be visible in the EU Talent Pool IT platform. Before the start of the employment contract, the employer shall provide the jobseekers with all the necessary information in accordance with Directive (EU) 2019/1152.

Removed:Article 14 – paragraph 1 – subparagraph 2 – introductory part: The Commission, with the support of the EU Talent Pool Steering Group, 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:

Removed:Article 14 – paragraph 1 – subparagraph 2 – point a: (a) shortage occupations common to a significant number of three or more 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);

Removed:Article 14 – paragraph 1 – subparagraph 2 – point b: (b) occupations which contribute directly to the Union’s competitiveness and to the EU green and digital transitions and or which are likely to grow in importance.

Removed:Article 15 – paragraph 1 – subparagraph 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 at national or regional level or their objectives. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs at national or regional level or to their objectives. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned.

Removed:Article 15 – paragraph 1 – subparagraph 4: 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 every six months.

Removed:Article 15 – paragraph 3: 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 as established on the basis of paragraph 1.

Removed:Article 16 – paragraph 1: 1. Registered employers participating in the EU Talent Pool IT platform may search for and match with registered jobseekers from third countries in the EU Talent Pool IT platform.

Removed:Article 16 – paragraph 2: 2. Registered 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’ or other recognition based on bilateral arrangements.

Removed:Article 16 – paragraph 3: 3. Registered employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the default automatic matching tool and, where applicable, by automatic matching algorithms provided by third parties, based on the relevance of their skills and competences, qualifications, and work experiences, availability and other aspects relevant for the job vacancy.

Removed:Article 16 – paragraph 4: 4. Registered jobseekers from third countries may search for and match with job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the default automated matching tool and, where applicable, by automatic matching algorithms provided by third parties.

Removed:Article 16 – paragraph 4 a (new): 4a. By 31 December 2027, the Commission shall submit a report to the European Parliament and the Council assessing the possibility of integrating into the EU Talent Pool IT platform automatic matching algorithms provided by third parties. On the basis of that report, the Commission is empowered to adopt delegated acts in accordance with Article 21 to supplement this Regulation by laying down provisions concerning the integration into the EU Talent Pool IT platform of automatic matching algorithms provided by third parties and the functioning of those algorithms.

Removed:Article 16 – paragraph 4 b (new): 4b. Before the deployment of the algorithms referred to in paragraph 4a, the EU Talent Pool Secretariat shall verify whether they comply with this Regulation and with Union law on the protection of personal data. The Commission shall remain solely responsible for the operation of automatic matching algorithms provided by third parties within the framework of the EU Talent Pool IT platform and shall be the data controller in respect of the personal data processed by means of automatic matching algorithms provided by third parties. The use of automatic matching algorithms provided by third parties shall remain optional for registered employers and registered employees. The EU Talent Pool IT platform shall indicate which automatic matching algorithms are provided by third parties. Data accessed by automatic matching algorithms delivered by third parties shall be used only for the purposes of matching.

Removed:Article 17 – paragraph 1 – subparagraph 1: Information provided on the EU Talent Pool IT platform shall be made available free of charge, in a clear, comprehensive, user-friendly and non-discriminatory manner and in accordance with the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Removed:Article 17 – paragraph 1 – subparagraph 1 a (new): The information on the EU Talent Pool IT platform shall be made available in at least one of the official languages of the participating Member States.

Removed: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 EU Talent Pool Steering Group, shall make available, on the EU Talent Pool IT platform, the following information:

Removed:Article 17 – paragraph 1 – subparagraph 2 – point a: (a) information on fair recruitment and employment procedures, including on the recognition of qualifications and validation of skills;

Removed:Article 17 – paragraph 1 – subparagraph 2 – point a a (new): (aa) information on immigration procedures, including the procedures for obtaining visas and residence permits for the purpose of work;

Removed:Article 17 – paragraph 1 – subparagraph 2 – point a b (new): (ab) information on the rights and obligations of third-country nationals, including with regard to access to justice and available redress mechanisms;

Removed:Article 17 – paragraph 1 – subparagraph 2 – point b a (new): (ba) a clear explanation that the use of the EU Talent Pool shall be free of charge and that employers are not to charge fees to jobseekers from third countries registered in the EU Talent Pool for the purpose of recruitment;

Removed:Article 17 – paragraph 1 – subparagraph 2 – point b b (new): (bb) a clear explanation to jobseekers from third countries that registration in the EU Talent Pool or selection for a job vacancy through the EU Talent Pool IT platform does not guarantee entry, or entry and stay, in the territory of the Member States.

Removed:Article 17 – paragraph 2 – introductory part: 2. Upon request from registered jobseekers from third countries who have been selected for a job vacancy and registered employers participating in the EU Talent Pool, the relevant EU Talent Pool National Contact Points shall provide specific information, additional support, and post-selection assistance in particular with regard to:

Removed:Article 17 – paragraph 2 – point a: (a) national immigration and security procedures to obtain visas and residence permits for work purposes in the Member State concerned;

Removed:Article 17 – paragraph 2 – point b: (b) specific guidance on family reunification procedures and family members’ rights and obligations;

Removed:Article 17 – paragraph 2 – point c: (c) third-country nationals’ rights and obligations including with regard to working conditions, taxation, access to social benefits, health assistance, education, housing, recognition of skills and qualifications and the complaint and redress mechanism pursuant to Article 18;

Removed:Article 17 – paragraph 2 – point d: (d) integration activities in the host Member State such as language courses, vocational training and education as well as other integration measures;

Removed:Article 17 – paragraph 2 – point e: (e) 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;

Removed:Article 17 – paragraph 2 – point e a (new): (ea) where relevant, disability-related support services and the provision of reasonable accommodation in accordance with Council Directive 2000/78/EC.

Removed:Article 17 – paragraph 2 a (new): 2a. The EU Talent Pool National Contact Points shall be responsible for updating, when necessary, the information referred to in paragraphs 1 and 2.

Removed:Article 17 – paragraph 3 – subparagraph 1 a (new): Member States may provide standardised information to registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool, also by referring to existing sources of information.

Removed:Article 17 – paragraph 3 a (new): 3a. The Commission, in cooperation with the EU Talent Pool Steering Group, shall conduct online and offline awareness-raising campaigns targeted at employers, in particular at small and medium-sized enterprises (SMEs), to promote the EU Talent Pool. Those campaigns shall include information on fair recruitment standards as set out in the ILO General Principles and Operational Guidelines on Fair Recruitment.

Removed:Article 17 – paragraph 3 b (new): 3b. Union delegations in third countries and to international organisations, with the support of the Commission and in cooperation with the EU Talent Pool Steering Group, shall conduct comprehensive communication and information campaigns in third countries to promote the EU Talent Pool and establish it as a global brand.

Removed:Article 18 – title: Facilitation of complaints and legal redress

Removed:Article 18 – paragraph 1: 1. Participating Member States shall ensure, in accordance with national law and practice, that there are effective, accessible and affordable mechanisms through which registered jobseekers from third countries or their representatives in accordance with national law 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).

Removed:Article 18 – paragraph 2: 2. Participating Member States shall make information concerning available complaints and redress mechanisms easily accessible and in a language that the claimants or their representatives can understand or can be reasonably expected to understand. That information shall include, in particular, the contact details of the competent authorities and of the organisations which offer post-recruitment support and assistance for third-country nationals.

Removed:Article 18 – paragraph 2 a (new): 2a. Participating Member States shall ensure that registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool have the same access as nationals of that Member State to measures protecting against dismissal or other adverse treatment by the employer as a reaction to using the complaint and redress mechanisms referred to in this Article.

Removed:Article 18 – paragraph 2 b (new): 2b. Member States shall ensure that registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool have access to equality bodies as established by Directive (EU) 2024/1500 and Directive (EU) 2024/1499.

Removed:Article 18 – paragraph 2 c (new): 2c. The competent national authorities shall notify to the EU Talent Pool National Contact Points once a breach of the obligations and conditions laid down in Article 13(3) has been established. The EU Talent Pool National Contact Points shall suspend the access of an employer participating in the EU Talent Pool, and remove their profile and job vacancies from the EU Talent Pool IT platform, as soon as an established breach is notified. / The suspension shall be lifted without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points of the fact that the breach has been remedied or once the employer concerned has demonstrated that it has been remedied. In the event of a breach of Directives 2009/52/EC1a or (EU) 2024/17121b of the European Parliament and of the Council, the employer shall be suspended from the EU Talent Pool indefinitely. / 1a Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24). / 1b Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (OJ L, 2024/1712, 24.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1712/oj).

Removed:Article 19 – paragraph 2 – introductory part: 2. The accelerated immigration procedures referred to in paragraph 1 may cover:

Removed:Article 19 – paragraph 2 a (new): 2a. Participating Member States shall put in place accelerated immigration procedures covering: / (a) the non-application of the labour market test after for job vacancies posted on have been transferred to the EU Talent Pool IT platform; / (b) the recognition of qualifications and skills of jobseekers from a third country where those jobseekers skills were developed or validated in the framework of an EU Talent Partnership, a bilateral arrangement or a national framework and certified by a 'Talent Partnership pass'. / This paragraph is without prejudice to the possibility for participating Member States to perform labour market tests before job vacancies that correspond to shortage occupations are transferred to the EU Talent Pool IT platform, in accordance with this Regulation and national law.

Removed:Article 20 – title: Monitoring activities and feedback

Removed:Article 20 – paragraph 1 – introductory part: 1. The performance and cost-effectiveness 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:

Removed:Article 20 – paragraph 1 – point a a (new): (aa) the number and type of profiles of employers registered in the EU Talent Pool IT platform;

Removed:Article 20 – paragraph 1 – point f: (f) the number of placements facilitated via the EU Talent Pool in the context of the EU Talent Partnerships or national frameworks on skills development and validation in a third country;

Removed:Article 20 – paragraph 1 – point f a (new): (fa) the number of profiles and job vacancies removed from the EU Talent Pool IT platform under Article 18(2c);

Removed:Article 20 – paragraph 1 – point f b (new): (fb) the levels of skills and qualifications of jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool, in order to assess the risk of brain drain.

Removed:Article 20 – paragraph 3 a (new): 3a. The EU Talent Pool Secretariat shall publish, at least once a year, the data referred to in paragraph 1, anonymised in the case of personal data.

Removed:Article 20 – paragraph 3 b (new): 3b. The EU Talent Pool Secretariat, in cooperation with the EU Talent Pool National Contact Points, shall distribute anonymous surveys to employers, jobseekers and civil society organisations, in particular those working with third-country nationals and persons with disabilities, to gather their views on the suitability of the matching mechanism, their overall satisfaction with the assistance and information provided, the accessibility of the platform and ways to improve the functionality of the platform.

Removed:Article 21 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 6(9), Article 14(1) ) and Article 16(4a) 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.

Removed:Article 21 – paragraph 3: 3. The delegation of power referred to in Article 6(9), Article 14(1) and Article 16(4a) 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.

Removed:Article 21 – paragraph 6: 6. A delegated act adopted pursuant to Article 6(9), Article 14(1) or Article 16(4a) 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.

Removed:Article 23 – paragraph 1: 1. By 31 December 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. That report shall assess the effectiveness of this Regulation in addressing skills shortages and in attracting talent from third countries.

Removed:Article 24 – paragraph 2: 2. This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaties.

Removed:The European Union and its Member States face labour shortages in a wide range of sectors, from construction and healthcare to engineering and information and communications technology. The labour shortage is likely to exacerbate in the coming years due to demographic trends, while Europe is competing globally for talent with other continents and individual countries. The mismatch of skills on the European labour market is also causing economic losses of up to 2% of annual productivity. Simultaneously, more legal pathways are needed to prevent irregular migration. As migration is a natural phenomenon that will continue to exist inter alia due to climate change and international developments, a common European approach to legal labour migration is crucial.

Removed:It is thus evident that Europe, in order to uphold its competitiveness and foster economic growth, must remain open to the world. Europe needs to attract all types of skills levels that are directly and indirectly needed for the green and digital transition, for the continued quality of our welfare systems and for the prosperity of our continent. At the same time, as Europe does not exist in a vacuum, it is also clear that strong and sustainable partnerships with third countries are essential. Talent Partnerships can help contributing to skills development and good working conditions in third countries, while promoting circular migration as a means to prevent brain drain.

Removed:However, for the actual matching between employers and third country nationals to take place in a more efficient way, the EU Talent Pool is established. It is a welcomed proposal and has been requested by the European Parliament in several legislative reports. The EU Talent Pool will be the first EU-wide platform to facilitate matching between third country nationals and employers established in the Union. It will draw inspiration from EURES, the existing platform where EU citizens and employers can match, but will also go beyond. It will complement existing measures and initiatives and thus not interfere with the competence of individual Member States, for example regarding the right to determine volumes of admission of third country nationals coming to work.

Removed:In contrast to the proposal of the European Commission, the draft report foresees that all Member States implement the EU Talent Pool. Since the labour shortage is a Union-wide problem and the EU Talent Pool aims to be a common platform to unite third country nationals and European employers, it should exist in all Member States to improve predictability, transparency and legal certainty for everyone using it. It will still remain voluntary for employers and third country nationals to go through to the EU Talent Pool when seeking opportunities, but a common European implementation will facilitate access to the platform. It will also contribute to solving one of the main challenges of labour migration policies in Europe today: fragmentation.

Removed:The draft report further builds on the proposal of the European Commission by strengthening the two major building blocks of the EU Talent Pool. Firstly, it strengthens protection against discrimination and unfair recruitment of third country nationals by aligning the EU Talent Pool more closely with the General Principles General Principles and Operational Guidelines on Fair Recruitment developed by the International Labour Organisation (ILO). By doing so, it also aims to fill a gap in the European legislative framework where thus far no common rules on recruitment procedures exist. Secondly, it enhances the EU Talent Pool’s connection with labour market development and thus the actual needs of European employers, by involving social partners and other stakeholders more clearly in the governance of the EU Talent Pool.

Removed:For both these building blocks, information is key. Therefore, the information and support service provisions have been clarified and strengthened. The draft report distinguishes between which information should be publicly available to all (prospective) third country nationals and employers, and which information should be granted to a third country national after having matched with an employer. Besides information, accessibility is crucial to ensure equal access to the platform for all users. The draft report introduces accessibility requirements for the whole EU Talent Pool, including the information on protection of data as well as the information provided on the actual platform.

Removed:The draft report also introduces proportional conditions for participation on the EU Talent Pool. Employers should provide information which can be verified by National Contact Points before they are allowed to post vacancies on the platform. This information includes for example a criminal record check of the natural person(s) in charge of the company, to prevent abusive employers from reappearing on the platform. The draft report introduces provisions whereby an employer can be temporarily suspended in the case of purely administrative misconduct, but also indefinitely suspended in case of breaches against applicable legislation on antitrafficking and sanctions against employers of illegally staying third-country nationals.

Removed:Simultaneously, the draft report maintains certain proportionality provisions for third country nationals, whereby a person subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban to the Union will not be allowed to register given that they will not be permitted to enter and stay in the Union for the time being. This provision is however balanced by allowing third country nationals to lodge a new request for registering after the expiration of their entry ban, while safeguarding that persons convicted for offences constituting or involving threat to the national security of a Member State never are able to register on the EU Talent Pool.

Removed:Lastly, as the EU Talent Pool will build on automated matching systems enabled by AI to find the most suitable skills for a certain vacancy, it is important to ensure safeguards against biases on discriminatory grounds.