What changed between the draft committee report and the plenary report

Added:Recital 23: (23) The International Labour Organization (ILO) in its ‘General principles and operational guidelines for fair recruitment’ sets out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment, including the principle that workers are not to be charged directly or indirectly, in whole or in part, any recruitment fees or related costs. Accordingly, participation in the EU Talent Pool should be free of charge. In addition, employers are required to comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the participating Member States should also be ensured by the employers in accordance with Directives (EU) 2024/123313, 2014/36/EU14, 2021/1883/EU15, and 2016/801/EU16 of the European Parliament and of the Council. In accordance with Directive 2019/1152/EU of the European Parliament and of the Council17, employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in an understandable language on their rights and obligations resulting from the employment relationship at the start of the employment. This information should at least include the habitual place and the type of work, the duration of employment, the remuneration, the working hours, the amount of any paid leave and, where applicable other relevant working conditions. An employer should neither charge any recruitment fee or related…

Removed:Recital 30: deleted

Added:Recital 24: (24) In order to ensure high quality matching, registered jobseekers from third countries and employers participating in the EU Talent Pool should access a list of suggested registered jobseekers’ profiles and job vacancies based on the relevance of their skills, qualifications and work experiences for the job vacancy, as well as their availability. The list is generated by the automated matching tool of the EU Talent Pool IT platform or, where jobseekers and employers agree to use them, by other matching algorithms run on the EU Talent Pool IT platform. The automated matching tool should avoid any bias or discrimination prohibited under Union or national law and should have in-built safeguards in that regard. Jobseekers from third countries should be able to indicate in which region or Member State they are interested in working.

Removed:Recital 31: (31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers and to provide a functional link with the list of EU-wide shortage occupations set out in the Annex, Member States should put in place accelerated immigration procedures for registered jobseekers from third countries recruited to shortage occupations and for registered jobseekers from third countries who have obtained an ‘EU Talent Partnership pass’ in a partnership in which the Member State has participated. Those procedures should cover the reduction of certain time limits provided for in Directives (EU) 2024/12331a and EU) 2021/18831b of the European Parliament and of the Council and the exemption from the principle of preference for Union citizens. Those procedures could also cover the obtention of visas for work purposes. Member States should also be able to apply accelerated immigration procedures in respect of jobseekers from third countries recruited to occupations not listed in the list of EU-wide shortage occupations set out in the Annex. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. It is also crucial that the EU Talent Pool Steering Group, with …

Added:Recital 25: (25) The EU Talent Pool platform should meet established needs on the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent work or fair competition. To better support Member States’ efforts in addressing existing and future labour shortages and improving competitiveness, the EU Talent Pool should target specific occupations at all skills levels, based on the most common shortage occupations in the Union and on the occupations with a direct contribution to the green and digital transitions, set out in the Annex to this Regulation. In order to adapt the job vacancies to the specific needs of the national labour markets and taking as a starting point the list of EU-wide shortage occupations set out in the Annex, participating Member States shall be allowed to notify to the EU Talent Pool Secretariat the addition or removal of specific shortage occupations. Such notifications should only impact the matches for job vacancies submitted by the respective Member State. Neither the list of EU-wide shortage occupations nor the Member States’ notifications should affect the principle of preference for Union citizens.

Removed:Recital 33: (33) In order to fulfil the objectives of this Regulation of facilitating international recruitment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation with regard to the Annex providing the list of EU-wide shortages occupations. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19 . The Commission should consult with the social partners, especially at sectoral level, and interest representatives from organisations working with third-country nationals and organisations working with persons with disabilities. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

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

Removed:Recital 34: (34) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council 19. Before exercising its implementing powers, the Commission should also seek input from all relevant stakeholders.

Added:Recital 27: (27) In order to promote fair recruitment and strengthen transparency towards jobseekers from third countries, the EU Talent Pool Secretariat, with the support of the National Contact Points, should ensure that easily accessible information is available on the EU Talent Pool IT platform. That information should cover employment and immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights and obligations, living and working conditions as well as available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States is available on the EU Talent Pool IT platform. The EU Talent Pool National Contact Points should provide the relevant information with the EU Talent Pool Secretariat in order to allow its publication on the EU Talent Pool IT platform. Online information on support available to jobseekers in need of international protection who are in third countries should also be available on the EU Talent Pool IT platform. Support measures put in place by the Member States could should include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

Removed:Recital 37: (37) 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, the protection of young people at work and as gender equality should be ensured.

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

Removed:Recital 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 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI:http://data.europa.eu/eli/reg/2018/1725/oj).

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

Change 6

Changed:ArticleRecital 129: –(29) paragraphUnion 1:delegations 1.should Thissupport Regulationthe establishesprovision anof information to jobseekers from third countries on the EU Talent Pool availableand toits allfunctioning, Memberas Stateswell inas orderthe to:participating /Member (a)States. facilitateWith the recruitmentsupport of jobseekersthe fromCommission thirdand countriesin regardlesscooperation ofwith theirthe levelEU ofTalent qualification;Pool andSteering /Group, (b)Union promotedelegations fairshould recruitmentconduct standardscomprehensive ascommunication setand outinformation campaigns in third countries to promote the ILOEU GeneralTalent PrinciplesPool and Operationalestablish Guidelinesit onas Faira Recruitment.global brand.

Change 7

Removed:Article 1 – paragraph 2 – point b: (b) the functioning of the EU Talent Pool IT platform and related support services such as accessibility requirements and the provision of information;

Added:Recital 30: (30) In order to ensure the successful integration and retention of jobseekers from third countries recruited in the EU Talent Pool, it is paramount that those jobseekers receive adequate opportunities and support. Upon request from registered jobseekers from third countries or employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support. That support could include tailored information on relevant visas and residence permits for work purposes in the participating Member State including with regard to third country nationals’ rights and obligations in accordance with Union and national law and practice such as access to social benefits, health assistance, education and training, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights and obligations, and existing measures to facilitate and encourage integration in the host Member State such as language courses and vocational training. Such information should also include available complaints and legal redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States. The EU Talent Pool National Contact Points should provide information to employers participating in the EU Talent Pool on their rights and obligations relating to social security, active labour market measures, taxation, issues relating to work contracts, pension entitlements …

Removed:Article 2 – paragraph 1: This Regulation applies to jobseekers from third countries regardless of their level of qualification and employers established in the Member States.

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

Removed:Article 3: deleted / (deleted) / (deleted) / (deleted)

Added:Recital 31: (31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers and for the jobseekers themselves, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes. In order to reduce the burden of bureaucratic procedures and make recruitment procedures more effective for companies, participating Member States should put in place accelerated immigration procedures covering the non-application of the labour market test for job vacancies posted on the EU Talent Pool IT platform and the recognition of qualifications and skills of jobseekers from a third country developed or validated in the framework of an EU Talent Partnership, a bilateral arrangement or a national framework and certified by a 'Talent Partnership pass' . The implementation of accelerated immigration procedures should be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. Nothing in this in Regulation affects the right of Member States to determine volumes of admission of third-country nationals coming from third countries to their territory in order to seek work, in accordance with Article 79(5) Treaty on the Functioning of …

Removed:Article 4 – paragraph 1 – point 1: deleted

Added:Recital 33: (33) In order to fulfil the objectives of this Regulation of facilitating international recruitment, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend this Regulation with regard to the Annex providing the list of EU-wide shortages occupations and to supplement this Regulation by establishing technical standards for the adoption of the subcategories of personal data to be processed, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as rules on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform and to supplement this Regulation by laying down provisions concerning the integration into the EU Talent Pool IT platform of automatic matching algorithms provided by third parties and the functioning of those algorithms. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Me…

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

Added: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: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.

Added: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: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.

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

Added: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.

Change 8

Changed:Article 51 – paragraph 2 – point b: (b) the technical infrastructurefunctioning enablingof the EU Talent Pool databaseIT toplatform, receivein compliance with the jobapplicable vacanciesstandards fromon user-friendliness and accessibility, and related support services, including the Memberprovision States;of information;

Change 9

Changed:Article 51 – paragraph 2 – point f:d: (f)(d) the secure communication channelfacilitation toof enablerecruitment registeredof jobseekers andfrom employersthird participatingcountries inbenefitting thefrom EUa Talent Pool to communicate within thePartnership EUor Talenta PoolMember ITState platformframework andon tovalidation enableof skills tests and interviews to be conducted directly on the EU Talentqualifications Poolof ITthird-country platform;nationals;

Change 10

Removed:Article 5 – paragraph 2 a (new): 2 a. The EU Talent Pool IT platform shall contain public information on the functioning of the EU Talent Pool and information on: / (i) Member States’ recruitment procedures, procedures for recognising skills and screening procedures; / (ii) immigration procedures; / (iii) the rights of third country nationals; / (iv) redress mechanisms; and / (v) living and working conditions in the Member States.

Added: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 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.

Added: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 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 participating in the EU Talent Pool registered in the platform shall include the employer’s name and, in the case of natural persons, surname, contact details, company registration number and sector of activity and a brief description of the employer’s operations.

Added: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 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.

Added:Article 3 – title: Participation of Member States

Removed: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. 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.

Added: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 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 Pool, such as awareness-raising campaigns;

Added: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;

Change 11

Changed:Article 84 – paragraph 21 – point c: (c) publishing4: relevant(4) information‘profile’ onmeans the EU Talentinformation Poolprovided ITby platforma pursuantjobseeker tofrom Articlea 10(2),third pointcountry (f),or Articleby 12(5),an (6)employer andvia (7),a Articlestandard 14(2),data Articleformat 15(2)for andthe Articlepurpose 17(1)of andseeking providingan theemployment onlineor informationregistration sessionin referredthe toEU inTalent ArticlePool 11(4a)through forthe registeredEU jobseekersTalent fromPool thirdIT countries;platform;

Change 12

Removed: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 in cooperation with Union Delegations and diplomatic services in third countries;

Added: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 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 and synchronising those meetings with the ongoing parallel work on recognition procedures outlined in the Commission Recommendation of 15 November 2023 on the recognition of qualifications of third-country nationals;

Added: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.

Change 13

Changed:Article 85 – paragraph 2 – point fa: a(a) (new):the (fa)single coordinatingcoordinated thechannel informationenabling receivedparticipating fromMember EUStates Talentto Pooltransfer Nationaljob Contactvacancies Pointsand onprofiles employers’of adherenceregistered employers to the ILOEU GeneralTalent PrinciplesPool anddatabase Operationalthrough Guidelinestheir onNational FairContact Recruitment.Points;

Change 14

Removed:Article 9 – paragraph 1 – point d a (new): (da) exchanging views with experts as referred to in paragraph 4a;

Added: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;

Change 15

Changed:Article 95 – paragraph 12 – point dd: b(d) (new):the (db)technical cooperatinginfrastructure withto authoritiesenable andthe stakeholdersEU inTalent thirdPool countriesNational toContact supportPoints, theand implementationregistered ofemployers Talentparticipating Partnershipsin andthe developEU measuresTalent Pool to preventsearch brainfor drainregistered jobseekers from third countries and conductingthe labourregistered marketjobseekers forecasts.to search for job vacancies;

Change 16

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

Added: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 9 – paragraph 4: 4. Representatives of the cross-industry social partner organisations at Union level, of the employers participating in the EU Talent Pool and of the trade unions 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.

Added: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 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.