What changed between the plenary report and the adopted text

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;