What changed between the draft committee report of 6 Feb 2024 and the draft committee report of 20 Dec 2024

Change 27

Changed:Article 4 – paragraph 1 – point 2: (2) ‘jobseeker from a third country’ means a person ofwho legalhas reached the age of majority under the national law residingof their country of residence, who resides outside the UnionUnion, who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is seeking employment in the Union;

Change 28

Removed:Article 4 – paragraph 1 – point 2 a (new): (2a) Third country nationals who have been selected for a job vacancy in the EU Talent Pool shall also benefit from the rights laid down in Article 17, 18 and 19 of this Regulation.

Article 4 – paragraph 1 – point 5: (5) ‘single coordinated channel’ means the IT service that is set up for the transmission of job vacancies from the Member States to the EU Talent Pool IT platform according to a uniform system and using the necessary technical infrastructure.

Change 29

Removed:Article 5 – paragraph 1: 1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries is established. The information on the platform shall be available in all EU languages and fulfil the accessibility requirements in accordance with Directive 2016/2102 and Annex I to Directive (EU) 2019/882.

Added:Article 4 – paragraph 1 – point 5 a (new): (5a) ‘job vacancy’ means a paid post, paid apprenticeship or paid traineeship that is newly created, unoccupied, or about to become vacant 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 2 – point a: (a) the single coordinated channel enabling Member States to transfer job vacancies, including apprenticeships and traineeships, to the EU Talent Pool database;

Added:Article 5 – paragraph 1: 1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries is established. The information on the platform shall be provided in all the official languages of the institutions of the Union and 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.

Added:Article 5 – paragraph 2 – point a: (a) the single coordinated channel enabling Member States to transfer job vacancies to the EU Talent Pool database;

Article 5 – paragraph 2 – point b: (b) the technical infrastructure enabling the EU Talent Pool database to receive the job vacancies from the Member States;

Change 30

Changed:Article 5 – paragraph 2 – point f: (f) the secure communication channel to enable registered jobseekers and employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform, including theplatform possibilityand ofto conductingenable skills tests and interviews to be conducted directly on the EU Talent Pool IT platform;

Change 31

Changed:Article 5 – paragraph 2 –a point(new): f2 aa. (new):The (fEU a)Talent accessPool toIT platform shall contain public information on the functioning of the EU Talent Pool and information onon: / (i) Member States’ proceduresrecruitment regardingprocedures, recruitment,procedures recognitionfor ofrecognising skills and screening procedures,procedures; / (ii) immigration procedures,procedures; / (iii) the rights of third country nationals,nationals; / (iv) redress mechanismsmechanisms; and information/ on(v) living and working conditions in the Member States;States.

Article 5 – paragraph 4: 4. Member States and the EU Talent Pool Secretariat referred to in Article 8 shall ensure technical interoperability between national systems and the EU Talent Pool IT platform. The EU Talent Pool Secretariat shall ensure the interface with other relevant instruments and services offered at Union level, where appropriate.

Change 32

Changed:Article 6 – paragraph 3: 3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, information on academic and professional qualifications, work experience, other skills and language knowledge. / Profiles of employers registeredparticipating in the platform shall include the name, surname, contact details, company registration number, sector of activity and a brief description of the employer’s operations. Job vacanciesEU ofTalent employersPool participatingregistered in the EU Talent Poolplatform shall include informationthe onemployer’s thename placeand, andin the typecase of work,natural workingpersons, hourssurname, ascontact welldetails, ascompany theregistration durationnumber and sector of employmentactivity and other relevanta workingbrief conditions,description includingof the applicable remunerationemployer’s practices.operations.

Article 6 – paragraph 6: 6. Profiles of registered jobseekers from third countries that have not been accessed for a period of one year from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. Once profiles are removed, a limited set of anonymised data could continue to be stored for research and statistical purposes as well as to extract data to improve the functioning of the EU Talent Pool.

Change 33

Changed:Article 6 – paragraph 8: 8. The data of registered jobseekers from third countries shall be accessible only to employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points. Data processing for the purposesProcessing of searching and matching should notthe requirespecial processingcategories anyof personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725.2018/1725 for the purpose of searching and matching shall be prohibited.

Change 34

Changed:Article 8 – paragraph 2 – point a: (a) ensuring the overall management of the EU Talent Pool, including the planning and coordination of the activities of the EU Talent PoolPool, such as awareness raising campaigns and stakeholder involvement in the committee procedure referred to in Article 22 of thisawareness-raising Regulation;campaigns;

Change 35

Changed:Article 8 – paragraph 2 – point c: (c) publishing relevant information on the EU Talent Pool IT platform pursuant to Article 10(2), point (f), Article 12(5), (6) and (7), Article 14(2), Article 15(2) and Article 17(1) as well asand providing the online information session referred to in Article 11(9)11(4a) for jobseekersregistered registeringjobseekers onfrom thethird platform;countries;

Change 36

Changed:Article 8 – paragraph 2 – point d: (d) preparing the meetings of the EU Talent Pool Steering Group and arranging for exchanges with relevant authorities from third countries throughin cooperation with EUUnion Delegations and diplomatic services in third countries;

Change 37

Changed:Article 8 – paragraph 2 – point f: (f) convening regular meetings of the Network of the EU Talent Pool National Contact Points referred to in Article 10 to exchange information and best practices on the technical implementation at national level of this Regulation, as wellRegulation asand synchronizingsynchronising thesethose meetings with the ongoing parallel work on recognition procedures outlined in the Commission Recommendation EUof 2023/770015 November 2023 on the recognition of qualifications of third-country nationals;

Change 38

Changed:Article 8 – paragraph 2 – point f a (new): (fa) coordinating the information received from EU Talent Pool National Contact Points on the employersemployers’ adherence to the ILO General Principles and Operational Guidelines on Fair Recruitment.

Change 39

Changed:Article 9 – paragraph 1 – point d a (new): (da) exchanging views with stakeholdersexperts as outlined in Articlereferred 9(4a)to ofin thisparagraph Regulation;4a;

Change 40

Changed:Article 9 – paragraph 1 – point d b (new): (db) cooperating with authorities and stakeholders in third countries to support the implementation of Talent Partnerships and develop measures to prevent brain drain, as welldrain asand conducting labour market forecasts which could also serve as basis for future Talent Partnerships.forecasts.

Change 41

Changed:Article 9 – paragraph 2: 2. The EU Talent Pool Steering Group shall consist of representatives from allthe Member States'States’ employment and immigration authorities.

Change 42

Changed:Article 9 – paragraph 4: 4. Representatives of the cross-industry social partnerspartner organisations at Union level, fromof the employers participating in the EU Talent Pool and of the trade unions respectively, shall have the right to appoint three representatives each to participate in the work of the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.

Change 43

Changed:Article 9 – paragraph 4 a (new): 4a. Experts from Union bodies, offices and agencies and international organisations may also be invited to attend the meetings of the Steering Group to present their views. Such stakeholders can include, but are not limited to, the European Labour Authority (ELA), the Centre for the Development of Vocational Training (CEDEFOP), the European Training Foundation (ETF), the International Labour Organisation (ILO), the International Organisation for Migration (IOM) as well as local and regional authorities from the Member States.

Change 44

Changed:Article 10 – paragraph 1: 1. Each Member State shall designate an EU Talent Pool National Contact Point. Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points in order to improve synergies between thesethose authorities and avoid overburdening national administrations.

Change 45

Changed:Article 10 – paragraph 2 – point b a (new): (ba) consulting social partner organisations as well asand local and regional authorities on labour market trends and developments;

Change 46

Changed:Article 10 – paragraph 2 – point f: (f) providing information to the EU Talent Pool Secretariat on recruitment, immigration and recognition procedures at national level in accordancepursuant withto Article 17(1), including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20;

Change 47

Changed:Article 10 – paragraph 2 – point f a (new): (fa) monitoring employers’ fulfilment and adherence to the ILO General Principles and Operational Guidelines on Fair Recruitment,Recruitment and reportreporting national developments in thisthat regard to the EU Talent Pool Secretariat;

Change 48

Changed: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) of this Regulation and in cooperation with social partners, local and regional authorities and, where applicable, organisations which offer post-recruitment assistance forto third country nationals.

Change 49

Changed:Article 10 – paragraph 2 – subparagraph 1 a (new): The suspension referred to in paragraph 2, point (e), of this Article shall be revokedlifted without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points,Points orof the employer concerned has demonstrated,fact that the breach of the relevant law and practice pursuanthas tobeen Articleremedied 13(3)or once the employer concerned has demonstrated that it has been remedied. In casesthe event of breachesa ofbreach theof Directive 2009/52/EC and of theor Directive (EU) .../... [Antitrafficking Directive 2022/0426(COD)],2024/1712, the employer shall be suspended from the EU Talent Pool indefinitely.

Article 10 – paragraph 3: 3. The EU Talent Pool National Contact Points from each Member State shall be regularly convened by the EU Talent Pool Secretariat in the Network of the EU Talent Pool National Contact Points to exchange information and best practices on the implementation of this Regulation.

Article 11 – paragraph 1: 1. Jobseekers from third countries shall be able to create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

Change 50

Changed:Article 11 – paragraph 2 a (new): 2a. As soon as a jobseeker and an employer have been matched in accordance with theArticle provisions16, setat outthe inrequest Articleof 16the ofrelevant thisEU Regulation,Talent thePool National Contact PointPoint, may,the onrelevant requestnational andcompetent authority shall provide it with information from the Schengen Information System for the purpose of verification ofverifying the accuracy of the above declaration byof the jobseeker,jobseeker bereferred givento informationin fromparagraph the2 Schengenof Informationthis System.Article.

Change 51

Changed:Article 11 – paragraph 2 b (new): 2b. InWhere caseit ofis thediscovered that a jobseeker beingfrom a third country is subject to a decision or ban as referred to in paragraph 22, ofthe thisEU Article,Talent thePool National Contact Point shall communicate thisthat fact to the EU Talent Pool Secretariat,Secretariat. whichThe EU Talent Pool Secretariat shall in turn remove thethat jobseeker’s profile from the EU Talent Pool IT platform.

Change 52

Changed:Article 11 – paragraph 2 c (new): 2c. By derogation from paragraph 2b),Where a jobseeker may,decision afteror theban expirationas ofreferred theto judicialin orparagraph administrative2 decisionno refusinglonger theirapplies entryto ora stayjobseeker infrom a Memberthird Statecountry, orthat anjobseeker entrymay bancreate ina accordancenew withprofile thein abovementionedorder Directive,to lodgeregister aon newthe requestEU toTalent registerPool aIT profile.platform.

Change 53

Changed:Article 11 – paragraph 2 d (new): 2d. NotwithstandingPersons paragraphswho 1have tobeen 2c),convicted personsof convictedan foroffence offencesas laid down in Directive (EU) 2017/541 or of any other offencesoffence constituting or involving a threat to the national security of a Member State shall not, in any case,not be able to register as jobseekers inon the EU Talent Pool.Pool IT platform.

Change 54

Changed:Article 11 – paragraph 4: 4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies. The automatedEU matchingTalent toolPool ofIT theplatform’s platformautomated matching tool shall ensure higher visibility for jobseekers from third countries who have previously been selected for a job vacancy in the EU Talent Pool.

Change 55

Changed:Article 11 – paragraph 4 a (new): 4a. Upon their registrationregistering in the EU Talent Pool IT platform, jobseekers from third countries shall be offered the possibility to participate in an information session on their labour rights in the context of the platform, as wellplatform asand in the context of recruitment by an employer of a Member State. ThisThat session shall include information on how to lodge a complaint in accordance with Article 18as andreferred shallto bein organisedArticle by18. theThe EU Talent Pool SecretariatSecretariat, with the support of National Contact Points.Points, shall organise such information sessions.

Article 12 – paragraph 1: 1. Member States taking part in a Talent Partnership may decide to rely on the EU Talent Pool to facilitate the recruitment of jobseekers from that third country whose skills were developed or validated in the framework of that Talent Partnership and certified by an ‘EU Talent Partnership pass’.

Change 56

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

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

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

Article 13 – paragraph 1: deleted

Change 57

Changed:Article 13 – paragraph 1 a (new): 1a. Employers wishing to be visible and to post their job vacancies on the EU Talent Pool IT platform shall registerbe able to create a profile indicatingcontaining theirthe name,information surname,referred contactto details,in sectorArticle of6(3), activity,second subparagraph, an extract from the national business register,register arelating criminalto recordthem, checkand ora policecopy informationof the criminal record check of the natural person(s)persons in charge of the company and a briefcompany. descriptionEU ofTalent thePool employer’sNational operations.Contact EmployersPoints shall alsorequire beemployers requiredparticipating byin the NationalEU ContactTalent PointPool to participate in an information session regarding fair recruitment and international labour standards. UponFollowing their participation in the information session, the employers shall sign a pledge to adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment.

Change 58

Changed:Article 13 – paragraph 1 b (new): 1b. In addition to participating in the mandatoryinformation trainingsession referred to in paragraph 1 of this Article,1a, employers shall have the possibility to participate in additional training on fair recruitment,recruitment. which,On uponcompletion completion,of shallsuch makeadditional theirtraining, those employers’ job vacancies shall gain higher visibility on the EU Talent Pool IT platform through the automated matching system. Employers shall also gain higher visibility on the platform by offering jobseekers language training or other relevant skills development during working hours.

Change 59

Changed:Article 13 – paragraph 1 c (new): 1c. TheEU Talent Pool National Contact PointPoints shall screen all employers established in the Member State that designated them and the information submitted informationby them before admittingpublishing their profile toon the EU Talent Pool IT platform.

Change 60

Changed:Article 13 – paragraph 1 d (new): 1d. Employers registeredparticipating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State wherein which they are established to transfer their job vacancies to the EU Talent Pool IT platform. TheJob vacancies shall at least include information on the place and the type of work, the duration of employmentemployment, andthe working hourshours, asthe wellrelevant asworking conditions and information on remuneration.remuneration, Itincluding the applicable remuneration practices. They shall also clearly state that no recruitment feesjobseekers orfrom relatedthird costscountries will be charged fromno therecruitment jobseeker.fees or related costs.

Change 61

Changed:Article 13 – paragraph 2 – introductory part: 2. The EU Talent Pool National Contact Points shall transfertransfer, as soon as possible and no later than five working days following a request from an employer pursuant to paragraph 1d, to the EU Talent Pool IT platform job vacancies that:

Change 62

Changed:Article 13 – paragraph 3 – subparagraph 1: Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice as welland aswith the ILO General Principles and Operational Guidelines on Fair Recruitment to ensure third-country nationals’ right to freedom of association and collective bargaining, protection against unfair recruitment and inadequate working conditionsconditions, including the prevention and elimination of forced labour and child labourlabour, as well as non-discrimination in respect of employment and occupation. Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices and collective agreements, in compliance with Union law.

Change 63

Changed:Article 13 – paragraph 3 – subparagraph 2: Employers participating in the EU Talent Pool shall not any charge fees or related costs to registered jobseekers from third countries for the purpose of the recruitment, neither before nor after the recruitmentcompletion processof isthe completed.recruitment process.

Change 64

Changed:Article 13 – paragraph 5: 5. Employers participating in the EU Talent Pool shall indicate to the EU Talent Pool National Contact Point, without undue delay, that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. Before the start of the employment contract, the employer shall provide the jobseeker with all the necessary information in a clear and comprehensive way in accordance with in accordance with Directive 2019/1152/EU. The fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform. On the profile of theThe registered jobseekerjobseeker’s itprofile shall be indicatedindicate that the personjobseeker intends to commence employment.

Article 13 – paragraph 6: 6. The national authorities responsible for the relevant law and practice in the Member States shall immediately inform the EU Talent Pool National Contact Points on any breaches of the provisions of the relevant law and practice set out in paragraph 3 for the purposes of Article 10(2), point (e).

Change 65

Changed:Article 16 – paragraph 4 a (new): 4a. The automated matching tool shall have inbuilt safeguards against discrimination on the grounds listed in Article 21 of the EU Charter of Fundamental Rights.Rights of the European Union.

Article 17 – paragraph 1 – subparagraph 1: deleted

Change 66

Changed:Article 17 – paragraph 1 – subparagraph 2 – introductory part: The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make the following information for each Member State publicly available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including for persons with disabilitiesdisabilities, 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:

Change 67

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

Change 68

Changed:Article 17 – paragraph 1 – subparagraph 2 – point a a (new): (aa) information on immigration proceduresprocedures, including the procedures tofor obtainobtaining visas and residence permits for work purposes;

Change 69

Changed:Article 17 – paragraph 1 – subparagraph 2 – point a b (new): (ab) the rights of third countrythird-country nationals, including with regard to available access to justice and redress mechanisms and the contact details of organisations which offer post-recruitment assistance, where applicable;

Article 17 – paragraph 1 – subparagraph 2 – point a c (new): (ac) information on living and working conditions in the Member States;