What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

10 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool

(COM(2023)0716 – C90413/2023 – 2023/0404(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0716),

– having regard to Article 294(2) and Article 79(2), point (a), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90413/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 25 April 2024,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the opinions of the Committee on Development, the Committee on Employment and Social Affairs and the Committee on Culture and Education,

Changed:– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9 0000/2022),(A10-0045/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Changed:Recital 1: (1) The Union and individual Member States are facing labour shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. It is evident that skillsSkills of all levels are needed in order to address the labourthose shortages. Extensive shortages in construction, healthcare,healthcare and care, hospitality, transport, agriculture, information and communications technology and in science technology, engineering and mathematics, are long-standing and have been exacerbated by the COVID-19 pandemic and the acceleration of the green and digital transitions. Labour shortages are also expected to persist and potentiallyfurther aggravate in the light of demographic challenges. Furthermore, climate change affects migration patterns and drives push factors. As migration is a natural phenomenon that will always exist, a common European approach to labour migration is necessary to ensure more legal pathways to the continent. The attractiveness and openness of the Union will determine the extent to which the Union is able to compete globally for talent, whilst promoting and upholding international labour standards.

Change 2

Changed:Recital 2: (2) Addressing labour shortages requires aan ambitious and comprehensive approach at Union and national levellevel, which includes, as a priority, better realising the full potential of groupsworkers withand lowerjobseekers residing in the Union, particularly those underrepresented in the labour market participation,or in vulnerable situations. That approach could include reskilling and upskilling the existing workforce,workforce in accordance with the objectives of the European Year of Skills, facilitating intra-EU labour mobility, including by making better use of Council Directive 2003/109/EC1a, Directive (EU) 2021/1883 of the European Parliament and of the Council1b and the EURES network, as well as improving pay and working conditions and the attractiveness of certain occupations. However, due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone will be insufficient to address existing and future labour and skills shortages. TheAccording to Commission estimatesestimates, thatthe duepopulation toof the foreseenUnion declineis inprojected theto working-ageshrink population,significantly, atfrom least451 7million in 2022 to 406 million morein 2050. Furthermore, the number of people willof beworking neededage inis Europeprojected byto 2030.decline even more, from 264 million to 207 million. Therefore, legal and orderly migration is key to complement those actions and must be part of the solution to fully supportensure the twinquality transitionof welfare systems, competitiveness and ensuresustained economic growth in the continuedUnion qualityand ofto welfarefully systemssupport andthe economicgreen growth.and digita…

Change 3

Changed:Recital 3: (3) In order to facilitate international recruitmentenhance andthe provideUnion’s opportunitiesattractiveness for third-country nationals to work in EU-wide shortage occupations, it is crucialtalent tofrom ensurethird acountries, welcomingfacilitate environmentfair andinternational opennessrecruitment, toovercome labour migrants as a complementary and mutually beneficial addition to the domestic workforce. That entails offering to prospective labour migrants a complete package in terms of post-arrival services, such as integration support, skills development, infrastructure, family reunification, childcare and healthcare, as well as genuine efforts from Member States to counter xenophobic sentiments. It also involves fostering fair recruitment practices in line with the International Labour Organisation's (ILO) General principlesshortages and operationalprovide guidelinesopportunities for fair recruitment and Definition of recruitment fees and related costs (the ‘ILO General Principles and Operational Guidelines on Fair Recruitment’). As part of thatthird-country packagenationals to facilitate international matching, promote fair recruitment practices and strengthen thework protectionin ofEU-wide migrantshortage workers,occupations, an EU Talent Pool should be established in the form of a Union-wide platform. Participation in the platform should be mandatory for Member States but its use should be voluntary for employers and jobseekers from third countries. The platform could helpthat bringbrings together and supportsupports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies,vacancies apprenticeshipof vacanciesparticipating andemployers trainees…established in the participating Member States.

Change 4

Changed:Recital 4: (4) The Recommendation of the Commission on legal pathways to protection in the EU4 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 the resolution of the European Parliament of 20 May 2021 on new avenues for legal labour migration4a and the resolution of the European Parliament of 25 November 2021 with recommendations to the Commission on legal migration3 policya and(new): law4b.(3a) The EU Talent Pool would support the operationalisation of the complementary pathways and legal labour migration. By aligning with the ILO General Principles and Operational Guidelines on Fair Recruitment, the EU Talent Pool would alsoshould contribute to achieving the United Nations’ Sustainable Development Goals (SDGs), in particular SDGGoal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all,all and SGDGoal 10 to reduce inequality within and among countries. That is particularly important as labour migrants face a more precarious situation thanThe citizensimplementation of the Union in the Union labour market. Specialthis attentionRegulation should be paidcomply towith the situationprinciple of female migrant workers who couldpolicy becoherence morefor vulnerabledevelopment, insupporting the labour market compared to their male peers. Enhanced information andachievement supportof servicesthe accessibleSDGs throughin the EUUnion Talentand Poolin couldthird thuscountries, helpas inwell upholdingas safeguardswith againstthe discriminationEuropean ofConsensus migranton work…Development.

Change 5

Removed:Recital 5: (5) Since labour shortages are a Union-wide problem, a strategic and unified approach is required in order to address them. To make use of economies of scale and enable the sharing of best practices, all Member States should participate in the EU Talent Pool. EU-wide implementation would also contribute to more predictability and legal certainty for both jobseekers and employers. The EU Talent Pool should aim at supporting Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. 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 should be taken into account in the development of the EU Talent Pool in order to ensure the most successful implementation possible by, for example, not affecting Member States' competence to determine the volumes of third-country nationals to be admitted for employment purposes. ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets. Since a concentrated focus on highly skilled persons risks aggravating the labour shortages by ignoring the actual needs of the Union and the different Member States, the EU Talent Pool should be open to jobseekers fro…

Added: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 6: (6) The EU Talent Pool aims at providing free of charge services to employers that are established in the Member States, through public employment services and private labour market intermediaries, 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. Employers who wish to register on the EU Talent Pool to post their job vacancies should adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment. Jobseekers should not be charged directly or indirectly, in whole or in part, any recruitment fees or related costs. Notwithstanding their use of the EU Talent Pool, employers should continue to contribute to upskilling and reskilling the domestic workforce. / 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, ELI: http://data.europa.eu/eli/dir/2008/104/oj).

Added: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 7: (7) Strong partnerships with third countries can contribute to effective development cooperation, in line with the principle of Policy Coherence for Development, and facilitate the creation of mutual trust and gains for third countries, the Union and its Member States. The EU Talent Pool should support the implementation of Talent Partnerships, 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 Commission’s Communication on attracting skills and talent to the EU7. To 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 countries of origin. The EU Talent Pool should also build on the objectives and provisions regarding the Union’s constructive engagement on mobility and all aspects of migration laid down in Regulation (EU) 2021/947 of the European Parliament and of the Council7a. / 7a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).

Added: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 8: (8) In order to ensure that all Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, Member States should appoint two representatives each, one from the employment authorities and one from the immigration authorities. It is important to acknowledge and promote the synergies between employment and immigration authorities in order to improve the functioning of the EU Talent Pool and avoid overburdening national administrations. The social partners possess important knowledge and insight in the Union labour market development. Therefore, representatives of the cross-industry social partner organisations at Union level, representatives from the employers participating in the EU Talent Pool and representatives from the trade unions should have the right to appoint three representatives each to participate in the work of the EU Talent Pool Steering Group. In addition, it should be possible to invite experts from Union bodies, offices and agencies, international organisations and other stakeholders working with third-country nationals to attend the meetings of the EU Talent Pool Steering Group in order to provide input. Such organisations and stakeholders could include the European Labour Authority (ELA), the Centre for the Development of Vocational Training (Cedefop), the European Training Foundation (ETF), the ILO, the International Organization for Migration (IOM) and local and regional authorities from the Member States.

Added: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 10: (10) Synergies should be ensured, where appropriate, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. 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 innovative features and tools. Synergies and improved interoperability would facilitate the use of the platform for employers, especially small and medium-sized enterprises (SMEs). The platform 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 of the Council. / 1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 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).

Added: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 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) 2016/5898 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, 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 jobseekers and required by the employers, thereby enabling a high-quality matching process. In line with the Commission Recommendation of 15 November 2023 on the recognition of qualifications of third-country nationals, a ‘Skills First’ approach should be applied in the matching process whereby all types of qualifications and skills are taken into account, such as vocational education and training, degrees, skills certificates and competences gained in non-formal and informal contexts or specific certificates ('micro-credentials'). 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 …

Added: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 14: (14) Registering a profile and searching and posting vacancies respectively should be free of charge for both jobseekers from third countries and employers. Registered jobseekers from third countries 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. The information on how to apply those options should be made available in a clear, comprehensive and user-friendly manner and in accessible formats for persons with disabilities, respecting 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. Profiles of registered jobseekers from third countries and employers participating in the EU Talent Pool IT platform that have not been used for a period of one year should be automatically removed in order to enhance safeguards for the protection of personal data and avoid making the IT system too rigid. 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.

Added: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 16: (16) The EU Talent Pool should contribute to the objective of discouraging irregular migration including by 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 for a certain period of time. To this end, jobseekers from third countries should be required, when 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. Information should also be provided on the consequences for making a false declaration in this respect. As soon as a jobseeker from a third country and an employer have matched, the relevant EU Talent Pool National Contact Point should, at its request, be provided with information from the Schengen Information System for the purpose of verifying the accuracy of the declaration made by the jobseeker. Where it is discovered that a jobseeker from a third country is subject to a judicial or administrative decision refusing his or her entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of…

Added: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 16 a (new): (16a) In accordance with the principle of proportionality and in order to foster fair recruitment, an employers’ participation in the EU Talent Pool IT platform should also be subject to certain conditions. On registering, employers should be required to provide their contact details, including their company registration number, and a copy of the criminal record check of the natural persons in charge of the company. The EU Talent Pool National Contact Point should also require employers to participate in an information session regarding fair recruitment and international labour standards. Following their participation in that session, the employer should be offered the possibility to take part in additional information sessions and workshops on fair recruitment organised by the EU Talent Pool National Contact Point. Employers should be able to post on their profile the fact that they have completed such additional workshops as a means to demonstrate to potential employees that they are commitment to fair recruitment and decent working conditions. The completion of additional workshops on fair recruitment should also help the employer gain more visibility on the EU Talent Pool IT platform through the automated matching system. Before admitting their profile into the system, EU Talent Pool National Contact Points should screen employers established in the Member State that designated them based on all available information.

Added: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 16 b (new): (16b) Where a breach by an employer of the relevant law and practice referred to in this Regulation is notified to the EU Talent Pool National Contact Points by the relevant national 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 EU Talent Pool 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. In the event of a breach of Directive 2009/52/EC1a or (EU) 2024/17121b of the European Parliament and of the Council, the employer should 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, ELI: http://data.europa.eu/eli/dir/2009/52/oj). / 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).

Added: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 17: (17) Jobseekers from third countries wishing to register in the EU Talent Pool should be able to create a profile using the Europass12 profile builder functionality enabling to create a free profile and report the relevant skills, qualifications, and other experiences in one secure online location. The EU Talent Pool should improve access to information on eligibility and selection criteria. Such criteria should be transparent, non-discriminatory and set in a broad way to allow for jobseekers of all skill levels to be admitted. The EU Talent Pool’ automated matching system should have inbuilt safeguards against discrimination or biases. The EU Talent Pool Secretariat should cooperate with stakeholders such as business organisations and organisations working with third-country nationals to raise awareness and enhance the understanding of Europass and its functions.

Added: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 18: (18) In order to promote the free movement of workers and to speed up recognition procedures, the number of regulated professions remaining in only a few Member States needs to decrease. It is also important to apply a ‘Skills First’ approach when recruiting, taking into account a person’s full set of abilities, competences and qualifications in accordance with the Commission Recommendation of 15 November 2023 on the recognition of qualifications of third-country nationals. That is especially important when it comes to international recruitment, as data shows that third-country nationals are more likely than Union citizens to be overqualified for their job. Nonetheless, where necessary, the recognition of the micro-credentials of registered jobseekers from third countries should be conducted in the Member States upon request of the jobseeker or the employer in accordance with the national law and practices. That recognition should be in line 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 provided by the EU Talent Pool National Contact Points and made available in the EU Talent Pool IT platform in a clear, comprehensive and user-friendly manner and in accessible formats for persons with disabilities, respecting the relevant accessibility standards set out in Directive (EU) 2016/2102 …

Added: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 20: (20) The list of third countries and Member States participating in Talent Partnerships should be published on the EU Talent Pool IT platform together with the relevant occupations targeted by each partnership. Talent Partnerships should always adhere to fair recruitment standards and promote circular migration in order to avoid brain drain.

Added: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 21: (21) In the context of a Talent Partnership, skills development and validation may be targeted to the job market of one or more 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 an ‘EU 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 an ‘EU Talent Partnership pass’ and so be able to apply for jobs in other Member States.

Added: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 23: (23) The ILO has set 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. Employers wishing to register on the EU Talent Pool should declare that they adhere to and uphold the ILO General Principles and Operational Guidelines on Fair Recruitment, in particular as regards the prohibition on charging jobseekers from third countries recruitment fees and related costs. 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 Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide registered jobseekers from third countries with information. in an accessible way and in an understandable language, on their rights and obligations resulting from the employment relationship, in a reasonable time before the employment contract starts. This information should at least include the place and the type of work, the duration of employment, the remuneration, including any additional allowances, lawful deductions, the working hours, the amount of any paid leave …

Added: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 23 a (new): (23a) Labour migrants with disabilities are often prone to precarious situations in the labour market. It is important to raise awareness of the situation of labour migrants with disabilities and to ensure that their rights as set out in the United Nations Convention on the Rights of Persons with Disabilities, namely the right to work and non-discrimination, are protected. It is important that employers aim for diversity when recruiting third-country nationals, including persons with disabilities. It is also crucial to ensure that the EU Talent Pool IT platform is accessible. Therefore, the services offered by the platform should 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: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 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. The list is generated by the automated matching tool of the EU Talent Pool IT platform. Jobseekers from third countries should be able to indicate in which region or Member State they are interested in working.

Added: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 26: (26) In order to promote fair recruitment and strengthen transparency for jobseekers from third countries and for employers who wish to recruit from abroad, the EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, should make information concerning the EU Talent Pool and its functioning easily accessible on the EU Talent Pool IT platform, including for persons with disabilities. Such information should include the conditions and procedures for the participation in the EU Talent Pool. It should also provide information on, or a link to, each Member State’s recruitment procedures, including procedures for recognising qualifications and validating skills, immigration procedures, third-country nationals’ rights, living and working conditions and available redress mechanisms regarding cases of labour exploitation. Grievance mechanisms as referred to in this Regulation should be easily available, affordable and gender-responsive, for example by providing women counsellors and staff in the remediation process and access to justice procedures. They should also ensure that jobseekers from third countries are protected from retaliation, for example by enabling anonymous complaints. The information provided should make it clear how jobseekers from third countries can proceed in the event of abuse or exploitation by employers. The EU Talent Pool National Contact Points are responsible for keeping that information up to date. The information should b…

Added: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 27: (27) After the matching of a jobseeker from a third country and an employer, the relevant EU Talent Pool National Contact Point should ensure that the jobseeker receives additional information in an accessible format, including for persons with disabilities. That information should cover the procedures for obtaining visas and residence permits for work purposes in the Member State concerned, specific guidance on family reunification procedures and third-country nationals’ rights and obligations, including access to social benefits, health assistance, education, housing, recognition of qualifications and the available grievance mechanism. It should also include information with regard to facilitating the integration of the jobseeker from a third country in the host Member State, such as language courses, vocational training and education and other integration measures and, where available, the contact details of organisations which offer post-recruitment assistance for third country nationals such as bridging programs.

Added: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 28: (28) Information provided on the EU Talent Pool IT platform should be made available at least in the official languages of the institutions of the Union in a clear, comprehensive and user-friendly manner and in accessible formats for persons with disabilities, respecting 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: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 29: (29) The Delegations of the European Union should, in cooperation with the Member States, play an active role in supporting the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning. That includes, for example, providing information in the official languages of third countries participating in Talent Partnerships.