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

26.3.2025  - (COM(2023)0716 – C9‑0413/2023 – 2023/0404(COD)) - ***I

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Abir Al‑Sahlani

Procedure : 2023/0404(COD)
Document stages in plenary
Document selected :  
A10-0045/2025
Texts tabled :
A10-0045/2025
Debates :
Texts adopted :


PR_COD_1amCom

 

 

Symbols for procedures

 * Consultation procedure

 *** Consent procedure

 ***I Ordinary legislative procedure (first reading)

 ***II Ordinary legislative procedure (second reading)

 ***III Ordinary legislative procedure (third reading)

 

(The type of procedure depends on the legal basis proposed by the draft act.)

 

 

 

 

 

Amendments to a draft act

Amendments by Parliament set out in two columns

 

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

 

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

 

Amendments by Parliament in the form of a consolidated text

 

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

 

 

 


CONTENTS

Page

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

EXPLANATORY STATEMENT

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

MINORITY POSITION

OPINION OF THE COMMITTEE ON DEVELOPMENT

OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS

OPINION OF THE COMMITTEE ON CULTURE AND EDUCATION

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE


 


DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2023)0716 – C9‑0413/2023 – 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 (C9‑0413/2023),

 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[1],

 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,

 having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (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.

 

Amendment  1

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, 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 expected to persist and potentially aggravate in the light of demographic challenges.

(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. Skills of all levels are needed in order to address those shortages. Extensive shortages in construction, 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 expected to persist and further aggravate in the light of demographic challenges.

Amendment  2

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition.

(2) Addressing labour shortages requires an ambitious and comprehensive approach at Union and national level, which includes, as a priority, better realising the full potential of workers and jobseekers residing in the Union, particularly those underrepresented in the labour market or in vulnerable situations. That approach could include reskilling and upskilling the existing 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. According to Commission estimates, the population of the Union is projected to shrink significantly, from 451 million in 2022 to 406 million in 2050. Furthermore, the number of people of working age is projected to 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 ensure the quality of welfare systems, competitiveness and sustained economic growth in the Union and to fully support the green and digital transition.

 

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1a Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44, ELI: http://data.europa.eu/eli/dir/2003/109/oj).

 

1b Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC (OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj).

Amendment  3

 

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States.

(3) In order to enhance the Union’s attractiveness for talent from third countries, facilitate fair international recruitment, overcome labour and skills shortages and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of participating employers established in the participating Member States.

Amendment  4

 

Proposal for a regulation

Recital 3 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  5

 

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(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 . The EU Talent Pool could also support the operationalisation of the complementary pathways.

(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.

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4 Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other complementary pathways.

4 Commission Recommendation (EU) 2020/1364 of 23 September 2020 on legal pathways to protection in the EU: promoting resettlement, humanitarian admission and other 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).

5 “Complementary pathways” are safe and regulated avenues for persons in need of international protection that complement resettlement by providing lawful stay in a third country where their international protection needs are met. Complementary labour pathways enable persons in need of international protection to access existing labour migration pathways, utilise their skills, and help address labour shortages in the receiving countries. See also: https://www.unhcr.org/complementary-pathways.html.

5 “Complementary pathways” are safe and regulated avenues for persons in need of international protection that complement resettlement by providing lawful stay in a third country where their international protection needs are met. Complementary labour pathways enable persons in need of international protection to access existing labour migration pathways, utilise their skills, and help address labour shortages in the receiving countries. See also: https://www.unhcr.org/complementary-pathways.html.

Amendment  6

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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 to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this 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. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.

(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.

Amendment  7

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.

(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.

 

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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).

Amendment  8

 

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) The EU Talent Pool should also 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 . 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.

(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.

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6 COM/2020/609 final.

6 COM/2020/609 final.

7 COM/2022/657 final.

7 COM/2022/657 final.

Amendment  9

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  10

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(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 ‘EU Talent Partnership pass’.

(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.

 

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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).

Amendment  11

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(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.

(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.

 

Amendment  12

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(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. 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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform.

(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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform.

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8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

1 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

 

1a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third-country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/oj).

Amendment  13

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(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 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.

(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.

Amendment  14

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) 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. 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 two years should be automatically removed. 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.

(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.

Amendment  15

 

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

(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 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.

(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.

Amendment  16

 

Proposal for a regulation

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  17

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(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. 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. Information should also be provided on the consequences for making a false declaration in this respect.

(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.

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11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

Amendment  18

Proposal for a regulation

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  19

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should 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.

(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.

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12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

Amendment  20

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the 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.

(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.

Amendment  21

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In the context of Talent Partnerships, 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 should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained anEU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

(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.

Amendment  22

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  23

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(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 one year, 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 anEU 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 anEU Talent Partnership pass’ and so be able to apply for jobs in other Member States.

(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 States.

Amendment  24

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) 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 working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment.

(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

 

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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, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj).

 

1b Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj).

Amendment  25

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) The International Labour Organisation (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. Employers should 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 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 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 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 nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State.

(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 costs, nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC of the European Parliament and of the Council18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State.

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13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj).

13 Directive (EU) 2024/1233 of the European Parliament and of the Council of 24 April 2024 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L, 2024/1233, 30.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1233/oj).

14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj).

14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj).

15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj).

15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj).

16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).

16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).

17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj).

17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj).

18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).

18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).

Amendment  26

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  27

 

Proposal for a regulation

Recital 25

 

Text proposed by the Commission

Amendment

(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, 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.

(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.

Amendment  28

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool.

(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.

Amendment  29

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, 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 include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

(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.

Amendment  30

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

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

(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.

Amendment  31

 

Proposal for a regulation

Recital 28 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  32

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States.

(29) Union delegations should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States. With the support of the Commission and in cooperation with the EU Talent Pool Steering Group, Union delegations should conduct comprehensive communication and information campaigns in third countries to promote the EU Talent Pool and establish it as a global brand.

Amendment  33

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional support. Additional support should 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 such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available 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 and health insurance.

(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 and health insurance.

Amendment  34

 

Proposal for a regulation

Recital 30 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  35

 

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(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, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. 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.

(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 the European Union (TFEU).

Amendment  36

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(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 . 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.

(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 Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

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19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj).

19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj).

Amendment  37

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(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. The examination procedure should also be used for the adoption of 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 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.

(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.

Amendment  38

 

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU.

(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).

Amendment  39

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) Participating Member States should 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 should be ensured.

(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.

Amendment  40

 

Proposal for a regulation

Recital 39 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

 

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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).

Amendment  41

Proposal for a regulation

Article 1 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This Regulation establishes an EU Talent Pool available to all Member States to facilitate recruitment of jobseekers from third countries residing outside the Union.

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.

Amendment  42

Proposal for a regulation

Article 1 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) the functioning of the EU Talent Pool IT platform and related support services;

(b) the functioning of the EU Talent Pool IT platform, in compliance with the applicable standards on user-friendliness and accessibility, and related support services, including the provision of information;

Amendment  43

Proposal for a regulation

Article 1 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership.

(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership or a Member State framework on validation of skills and qualifications of third-country nationals;

Amendment  44

Proposal for a regulation

Article 1 – paragraph 2 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  45

Proposal for a regulation

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.

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.

Amendment  46

 

Proposal for a regulation

Article 2 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

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.

Amendment  47

Proposal for a regulation

Article 3 – title

 

Text proposed by the Commission

Amendment

Participation

Participation of Member States

Amendment  48

 

Proposal for a regulation

Article 4 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) ‘jobseeker from a third country’ means a person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union;

(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

Amendment  49

 

Proposal for a regulation

Article 4 – paragraph 1 – point 3

 

Text proposed by the Commission

Amendment

(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediaries;

(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;

Amendment  50

 

Proposal for a regulation

Article 4 – paragraph 1 – point 4

 

Text proposed by the Commission

Amendment

(4) ‘profile’ means the information provided by a jobseeker from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform;

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

Amendment  51

 

Proposal for a regulation

Article 4 – paragraph 1 – point 5 a (new)

 

Text proposed by the Commission

Amendment

 

(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.

Amendment  52

Proposal for a regulation

Article 5 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third countries is established.

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.

Amendment  53

Proposal for a regulation

Article 5 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) the single coordinated channel enabling participating Member States to transfer job vacancies to the EU Talent Pool database;

(a) the single coordinated channel enabling participating Member States to transfer job vacancies and profiles of registered employers to the EU Talent Pool database through their National Contact Points;

Amendment  54

 

Proposal for a regulation

Article 5 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries;

(c) the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries and of registered employers;

Amendment  55

 

Proposal for a regulation

Article 5 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies;

(d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and registered employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies;

Amendment  56

 

Proposal for a regulation

Article 5 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) the automated matching tool;

(e) an automated default matching tool as well as the technical infrastructure to enable the use of third-party matching algorithms;

Amendment  57

Proposal for a regulation

Article 5 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(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.

(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.

Amendment  58

 

Proposal for a regulation

Article 5 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The design and functioning of the EU Talent Pool IT platform shall ensure that the automated matching tool does not lead to unfair biases or discriminatory practices prohibited under Union or national law.

 

Amendment  59

 

Proposal for a regulation

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

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

Amendment  60

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.

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

Amendment  61

 

Proposal for a regulation

Article 6 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  62

Proposal for a regulation

Article 6 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.

4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and registered employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.

Amendment  63

 

Proposal for a regulation

Article 6 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries shall have the right to choose from a number of technical options to restrict access to their personal data.

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries and registered employers shall have the right to choose from a number of technical options to edit, delete or restrict access to their personal data.

Amendment  64

 

Proposal for a regulation

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Profiles of registered jobseekers from third countries that have not been accessed for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. 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.

6. Profiles of registered jobseekers from third countries that have not been accessed for a period of one year and those of employers that have not been accessed for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. The jobseekers or employers concerned shall be automatically notified one month prior that their profiles shall be removed if they are not accessed within that period.

Amendment  65

 

Proposal for a regulation

Article 6 – paragraph 7

 

Text proposed by the Commission

Amendment

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

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

Amendment  66

 

Proposal for a regulation

Article 6 – paragraph 8

 

Text proposed by the Commission

Amendment

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.

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

Amendment  67

 

Proposal for a regulation

Article 6 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  68

 

Proposal for a regulation

Article 6 – paragraph 9

 

Text proposed by the Commission

Amendment

9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

9. The Commission shall adopt delegated acts in accordance with Article 21 supplementing this Regulation by establishing further provisions on the personal data to be processed and included in the job vacancies, jobseekers’ and employers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform.

Amendment  69

Proposal for a regulation

Article 8 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

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

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

Amendment  70

 

Proposal for a regulation

Article 8 a (new)

 

Text proposed by the Commission

Amendment

 

Article 8a

 

Composition of the EU Talent Pool Steering Group

 

1. The EU Talent Pool Steering Group is established.

 

2. The EU Talent Pool Steering Group shall be composed of the following members:

 

(a) two members from each participating Member State, including a representative of the migration authorities and a representative of the employment authorities;

 

(b) two members representing the Commission;

 

(c) six members representing cross-industry social partner organisations at Union level, with an equal representation of trade unions and employer organisations.

 

3. An expert of the European Parliament may be invited to attend the meetings of the EU Talent Pool Steering Group.

 

4. Representatives of Union bodies, offices and agencies, representatives of international organisations, representatives of third countries participating in Talent Partnerships and other relevant stakeholders may be invited to attend the meetings of the EU Talent Pool Steering Group to present their views.

 

5. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers.

 

6. The representatives referred to in paragraph 2, point (c), shall sign a written statement declaring that they are not in a situation of conflict of interest. The EU Talent Pool Secretariat shall publish those statements and updates to those statements on its website.

Amendment  71

Proposal for a regulation

Article 9 – title

 

Text proposed by the Commission

Amendment

EU Talent Pool Steering Group

Functions of the EU Talent Pool Steering Group

Amendment  72

 

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The EU Talent Pool Steering Group is established. The EU Talent Pool Steering Group is responsible for:

1. The EU Talent Pool Steering Group is responsible for:

Amendment  73

 

Proposal for a regulation

Article 9 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) ensuring the exchange of best practices among Member States regarding the national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

Amendment  74

 

Proposal for a regulation

Article 9 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) facilitating the gathering of data relevant for the monitoring activities of the EU Talent Pool referred to in Article 20;

(c) facilitating the gathering of data relevant for the monitoring activities of the EU Talent Pool referred to in Article 20, including feedback data following the recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool;

Amendment  75

Proposal for a regulation

Article 9 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) discussing the implementation of accelerated immigration procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19.

(d) discussing and exchanging best practices regarding the implementation of accelerated immigration procedures to facilitate the recruitment of registered jobseekers from third countries pursuant to Article 19;

Amendment  76

Proposal for a regulation

Article 9 – paragraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) providing support to the Commission and the Union delegations in third countries and to international organisations pursuant to Article 17(3b).

Amendment  77

 

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers.

deleted

Amendment  78

 

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by 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.

deleted

Amendment  79

 

Proposal for a regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points.

1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed to their EU Talent Pool National Contact Points.

Amendment  80

Proposal for a regulation

Article 10 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;

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

Amendment  81

 

Proposal for a regulation

Article 10 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

(c) notifying to the EU Talent Pool Secretariat of the national list of shortage occupations every six months and of any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

Amendment  82

Proposal for a regulation

Article 10 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) keeping a registry of employers participating in the EU Talent Pool;

(d) keeping a registry of employers participating in the EU Talent Pool based on the employer profiles registered on the EU Talent Pool IT platform;

Amendment  83

Proposal for a regulation

Article 10 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) suspending the access of employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice;

(e) suspending the access of employers participating in the EU Talent Pool and removing their profiles and job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant Union or national law and practice;

Amendment  84

 

Proposal for a regulation

Article 10 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) providing information to the EU Talent Pool Secretariat on immigration and recognition procedures at national level, 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;

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

Amendment  85

 

Proposal for a regulation

Article 10 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(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.

(g) providing information and support services to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17(2) and in cooperation with social partners, local and regional authorities and, where applicable, organisations which offer post-recruitment assistance to third-country nationals.

Amendment  86

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Jobseekers from third countries may create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

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

Amendment  87

 

Proposal for a regulation

Article 11 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  88

 

Proposal for a regulation

Article 11 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. Profiles of jobseekers who have made a false declaration with regard to the information referred to in paragraph 2 shall be removed from the EU Talent Pool IT platform.

Amendment  89

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool.

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to registered employers participating in the EU Talent Pool.

Amendment  90

 

Proposal for a regulation

Article 12 – title

 

Text proposed by the Commission

Amendment

Profile registration and access of jobseekers from third countries in the context of Talent Partnerships

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

Amendment  91

 

Proposal for a regulation

Article 12 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating 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’.

1. Participating Member States taking part in an EU Talent Partnership or having in place bilateral arrangements with third countries or a national framework on skills development and validation in a third country may decide to rely on the EU Talent Pool to facilitate the recruitment of jobseekers from that third country whose skills were developed or validated in the framework of that Talent Partnership and certified by a 'Talent Partnership pass'.

Amendment  92

 

Proposal for a regulation

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Jobseekers from third countries who have received an ‘EU Talent Partnership pass’ certifying the skills developed or validated in the context of a Talent Partnership may register their profile in the EU Talent Pool IT platform linking their profiles to the ‘EU Talent Partnership pass’.

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

Amendment  93

 

Proposal for a regulation

Article 12 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  94

 

Proposal for a regulation

Article 12 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  95

 

Proposal for a regulation

Article 12 – paragraph 3 – introductory part

 

Text proposed by the Commission

Amendment

3. The ‘EU Talent Partnership pass’ shall be visible on the EU Talent Pool IT platform and shall contain information on one or more of the following elements:

3. The 'Talent Partnership pass' shall be visible on the EU Talent Pool IT platform and shall contain information on one or more of the following elements:

Amendment  96

 

Proposal for a regulation

Article 12 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) the details of education and training obtained by the third country national participating in the Talent Partnership, including the subject-matter of education the training, its duration and the type of skills obtained and their level;

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

Amendment  97

 

Proposal for a regulation

Article 12 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) the qualification acquired and the skills of the third country national which have been validated in the context of the Talent Partnership, including skills and competencies relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;

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

Amendment  98

 

Proposal for a regulation

Article 12 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission shall, by means of implementing acts, adopt templates for the format of the ‘EU Talent Partnership pass’. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

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

Amendment  99

 

Proposal for a regulation

Article 12 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.

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

Amendment  100

 

Proposal for a regulation

Article 12 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Participating Member States may decide, in the framework of the relevant Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of one year, 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.

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

Amendment  101

 

Proposal for a regulation

Article 12 – paragraph 7

 

Text proposed by the Commission

Amendment

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

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

Amendment  102

 

Proposal for a regulation

Article 13 – title

 

Text proposed by the Commission

Amendment

Participation of employers in the EU Talent Pool

Registration and participation of employers in the EU Talent Pool

Amendment  103

 

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Employers interested in participating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform.

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

Amendment  104

 

Proposal for a regulation

Article 13 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for a Talent Partnership;

(a) fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for an EU Talent Partnership or bilateral arrangements or national frameworks on skills development and validation in a third country listed in the EU Talent Pool IT platform;

Amendment  105

 

Proposal for a regulation

Article 13 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) are open to the recruitment of jobseekers from third countries in accordance with the principle of preference for Union citizens, where applicable under national law.

(b) are open to the recruitment of jobseekers from third countries in accordance with the principle of preference for Union citizens, where applicable under national law, unless the accelerated immigration procedures referred to in Article 19 apply;

Amendment  106

 

Proposal for a regulation

Article 13 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  107

 

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.

Employers participating in the EU Talent Pool shall comply with the relevant Union law and national law and practice, including applicable collective agreements, to ensure third-country nationals’ right to freedom of association and collective bargaining, protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, such as the ILO General Principles and Operational Guidelines on Fair Recruitment, in compliance with Union law. The competent national authorities of  Participating Member States are responsible to verify these conditions and the compliance with Union and national law of employers interested in participating in the EU Talent Pool.

Amendment  108

 

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment.

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

Amendment  109

 

Proposal for a regulation

Article 13 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  110

 

Proposal for a regulation

Article 13 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform.

5. Employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The fulfilled job vacancies shall subsequently automatically cease to be visible in the EU Talent Pool IT platform. Before the start of the employment contract, the employer shall provide the jobseekers with all the necessary information in accordance with Directive (EU) 2019/1152.

Amendment  111

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 – introductory part

 

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 21 to amend the Annex, in accordance with the following criteria:

The Commission, with the support of the EU Talent Pool Steering Group, shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 21 to amend the Annex, in accordance with the following criteria:

Amendment  112

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) shortage occupations common to a significant number of participating Member States as notified to the EU Talent Pool Secretariat by the EU Talent Pool National Contact Points pursuant to Article 10(2)(c);

(a) shortage occupations common to a significant number of three or more participating Member States as notified to the EU Talent Pool Secretariat by the EU Talent Pool National Contact Points pursuant to Article 10(2)(c);

Amendment  113

 

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) occupations which contribute directly to the EU green and digital transitions and which are likely to grow in importance.

(b) occupations which contribute directly to the Union’s competitiveness and to the EU green and digital transitions and or which are likely to grow in importance.

Amendment  114

 

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned.

The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs at national or regional level or their objectives. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs at national or regional level or to their objectives. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned.

Amendment  115

 

Proposal for a regulation

Article 15 – paragraph 1 – subparagraph 4

 

Text proposed by the Commission

Amendment

The EU Talent Pool National Contact Points may notify to the EU Talent Pool Secretariat further additions to and removals from the EU-wide list of shortage occupations maximum once a year.

The EU Talent Pool National Contact Points may notify to the EU Talent Pool Secretariat further additions to and removals from the EU-wide list of shortage occupations maximum once every six months.

Amendment  116

 

Proposal for a regulation

Article 15 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupations taking into account the adjustments referred to in paragraph 1.

3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupations taking into account the adjustments as established on the basis of paragraph 1.

Amendment  117

 

Proposal for a regulation

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform.

1. Registered employers participating in the EU Talent Pool IT platform may search for and match with registered jobseekers from third countries in the EU Talent Pool IT platform.

Amendment  118

 

Proposal for a regulation

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Employers participating in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’.

2. Registered employers participating in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’ or other recognition based on bilateral arrangements.

Amendment  119

 

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.

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

Amendment  120

 

Proposal for a regulation

Article 16 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Registered jobseekers from third countries may search for job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the automated matching tool.

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

Amendment  121

 

Proposal for a regulation

Article 16 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  122

 

Proposal for a regulation

Article 16 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  123

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible.

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

Amendment  124

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

The information on the EU Talent Pool IT platform shall be made available in at least one of the official languages of the participating Member States.

Amendment  125

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – introductory part

 

Text proposed by the Commission

Amendment

The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make available, on the EU Talent Pool IT platform, the following information:

The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group, shall make available, on the EU Talent Pool IT platform, the following information:

Amendment  126

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;

(a) information on fair recruitment and employment procedures, including on the recognition of qualifications and validation of skills;

Amendment  127

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) information on immigration procedures, including the procedures for obtaining visas and residence permits for the purpose of work;

Amendment  128

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a b (new)

 

Text proposed by the Commission

Amendment

 

(ab) information on the rights and obligations of third-country nationals, including with regard to access to justice and available redress mechanisms;

Amendment  129

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) a clear explanation that the use of the EU Talent Pool shall be free of charge and that employers are not to charge fees to jobseekers from third countries registered in the EU Talent Pool for the purpose of recruitment;

Amendment  130

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb) a clear explanation to jobseekers from third countries that registration in the EU Talent Pool or selection for a job vacancy through the EU Talent Pool IT platform does not guarantee entry, or entry and stay, in the territory of the Member States.

Amendment  131

 

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistance to registered jobseekers from third countries and employers participating in the EU Talent Pool, in particular with regard to:

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

Amendment  132

 

Proposal for a regulation

Article 17 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) specific information on national immigration procedures to obtain visas and residence permits for work purposes following the selection process;

(a) national immigration and security procedures to obtain visas and residence permits for work purposes in the Member State concerned;

Amendment  133

 

Proposal for a regulation

Article 17 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) specific guidance and information on family reunification procedures and family members’ rights;

(b) specific guidance on family reunification procedures and family members’ rights and obligations;

Amendment  134

 

Proposal for a regulation

Article 17 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18;

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

Amendment  135

 

Proposal for a regulation

Article 17 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) information available at national level to facilitate third-country nationals’ integration in the host Member State such as language courses, vocational training and education as well as other integration measures;

(d) integration activities in the host Member State such as language courses, vocational training and education as well as other integration measures;

Amendment  136

 

Proposal for a regulation

Article 17 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) where available, the contact details of organisations which offer post-recruitment assistance for third country nationals.

(e) the contact details of organisations which offer post-recruitment support and assistance for third-country nationals, such as trade unions, employer associations and chambers of commerce;

Amendment  137

 

Proposal for a regulation

Article 17 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) where relevant, disability-related support services and the provision of reasonable accommodation in accordance with Council Directive 2000/78/EC.

Amendment  138

 

Proposal for a regulation

Article 17 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool National Contact Points shall be responsible for updating, when necessary, the information referred to in paragraphs 1 and 2.

Amendment  139

 

Proposal for a regulation

Article 17 – paragraph 3 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

Member States may provide standardised information to registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool, also by referring to existing sources of information.

Amendment  140

 

Proposal for a regulation

Article 17 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  141

 

Proposal for a regulation

Article 17 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  142

 

Proposal for a regulation

Article 18 – title

 

Text proposed by the Commission

Amendment

Facilitation of complaints

Facilitation of complaints and legal redress

Amendment  143

 

Proposal for a regulation

Article 18 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating Member States shall ensure that there are effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).

1. Participating Member States shall ensure, in accordance with national law and practice, that there are effective, accessible and affordable mechanisms through which registered jobseekers from third countries or their representatives in accordance with national law may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).

Amendment  144

 

Proposal for a regulation

Article 18 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Participating Member States shall make information concerning available redress mechanisms easily accessible.

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

Amendment  145

 

Proposal for a regulation

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  146

 

Proposal for a regulation

Article 18 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  147

 

Proposal for a regulation

Article 18 – paragraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

2c. The competent national authorities shall notify to the EU Talent Pool National Contact Points once a breach of the obligations and conditions laid down in Article 13(3) has been established. The EU Talent Pool National Contact Points shall suspend the access of an employer participating in the EU Talent Pool, and remove their profile and job vacancies from the EU Talent Pool IT platform, as soon as an established breach is notified.

 

The suspension shall be lifted without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points of the fact that the breach has been remedied or once the employer concerned has demonstrated that it has been remedied. In the event of a breach of Directives 2009/52/EC1a or (EU) 2024/17121b of the European Parliament and of the Council, the employer shall be suspended from the EU Talent Pool indefinitely.

 

_______________________

 

1a Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).

 

1b Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (OJ L, 2024/1712, 24.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1712/oj).

Amendment  148

 

Proposal for a regulation

Article 19 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The procedure referred to paragraph 1 may cover:

2. The accelerated immigration procedures referred to in paragraph 1 may cover:

Amendment  149

 

Proposal for a regulation

Article 19 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Participating Member States shall put in place accelerated immigration procedures covering:

 

(a) the non-application of the labour market test after for job vacancies posted on have been transferred to the EU Talent Pool IT platform;

 

(b) the recognition of qualifications and skills of jobseekers from a third country where those jobseekers skills were developed or validated in the framework of an EU Talent Partnership, a bilateral arrangement or a national framework and certified by a 'Talent Partnership pass'.

 

This paragraph is without prejudice to the possibility for participating Member States to perform labour market tests before job vacancies that correspond to shortage occupations are transferred to the EU Talent Pool IT platform, in accordance with this Regulation and national law.

Amendment  150

 

Proposal for a regulation

Article 20 – title

 

Text proposed by the Commission

Amendment

Monitoring activities

Monitoring activities and feedback

Amendment  151

 

Proposal for a regulation

Article 20 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, data shall be gathered on:

1. The performance and cost-effectiveness of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, gender-disaggregated data shall be gathered on:

Amendment  152

 

Proposal for a regulation

Article 20 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the number and type of profiles of employers registered in the EU Talent Pool IT platform;

Amendment  153

 

Proposal for a regulation

Article 20 – paragraph 1 – point f

 

Text proposed by the Commission

Amendment

(f) the number of placements facilitated via the EU Talent Pool in the context of the Talent Partnerships.

(f) the number of placements facilitated via the EU Talent Pool in the context of the EU Talent Partnerships or national frameworks on skills development and validation in a third country;

Amendment  154

 

Proposal for a regulation

Article 20 – paragraph 1 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) the number of profiles and job vacancies removed from the EU Talent Pool IT platform under Article 18(2c);

Amendment  155

 

Proposal for a regulation

Article 20 – paragraph 1 – point f b (new)

 

Text proposed by the Commission

Amendment

 

(fb) the levels of skills and qualifications of jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool, in order to assess the risk of brain drain.

Amendment  156

 

Proposal for a regulation

Article 20 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The EU Talent Pool Secretariat shall publish, at least once a year, the data referred to in paragraph 1, anonymised in the case of personal data.

Amendment  157

 

Proposal for a regulation

Article 20 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

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

Amendment  158

 

Proposal for a regulation

Article 21 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.

2. The power to adopt delegated acts referred to in Article 6(9), Article 14(1) ) and Article 16(4a) shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.

 

Amendment  159

 

Proposal for a regulation

Article 21 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article 14, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 6(9), Article 14(1) and Article 16(4a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  160

 

Proposal for a regulation

Article 21 – paragraph 6

 

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

6. A delegated act adopted pursuant to Article 6(9), Article 14(1)  or Article 16(4a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Amendment  161

 

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.

1. By 31 December 2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation. That report shall assess the effectiveness of this Regulation in addressing skills shortages and in attracting talent from third countries.

Amendment  162

 

Proposal for a regulation

Article 24 – paragraph 2

 

Text proposed by the Commission

Amendment

2. This Regulation shall be binding in its entirety and directly applicable in the participating Member States in accordance with the Treaties.

2. This Regulation shall be binding in its entirety and directly applicable in all Member States in accordance with the Treaties.

 

 

 


 

EXPLANATORY STATEMENT

 

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

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

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

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

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

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

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

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

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


ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

Adecco Group

BusinessEurope

Confederation of Swedish Enterprises

European Commission

European Network of Migrant Women

European Trade Union Confederation

HOTREC

International Labour Organisation

International Organisation of Migration

Platform for International Cooperation on Undocumented Migrants (PICUM)

Swedish Trade Union Confederation

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.


MINORITY POSITION

Minority position tabled by that Mr. Vandendriessche, Mr. Buxadé, Ms. Bartusek, Ms. Ehlers, Mr. Varaut, Ms. Sorel, Mr. Leggeri, Mr. Tanger Correa and Ms. Steger in accordance with Rule 56(4).

The authors strongly oppose the establishment of an EU Talent Pool, even on a voluntary basis, as it constitutes an unnecessary EU intervention in national migration policies and undermines Member States’ sovereignty over their labour markets. Article 79(5) TFEU confirms that legal migration remains a national competence, yet this initiative risks pressuring Member States to open new migration channels.

Rather than ensuring temporary labour migration, the Talent Pool could lead to long-term settlement, making return enforcement more difficult, particularly in countries with lenient regularization policies. Experience with similar schemes shows that supposedly temporary migration often becomes permanent, undermining controlled migration policies.

Addressing labour shortages and demographic challenges should focus on supporting European families and increasing birth rates, not on attracting more migrants. Member States must retain full control over migration, ensuring it remains highly selective, temporary, and aligned with national interests. An EU-managed platform threatens this control and increases dependency on third-country migration.

The authors reject this proposal and call for a strategy that strengthens national workforces and productivity, reduces reliance on migration, and upholds the full sovereignty of Member States over their migration policies. Migration must be a national decision, not an EU-imposed framework.

 


OPINION OF THE COMMITTEE ON DEVELOPMENT (10.2.2025)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council establishing an EU Talent Pool

(COM(2023)0716 – C9‑0413/2023 – 2023/0404(COD))

Rapporteur for opinion: Tomas Tobé

 

 

SHORT JUSTIFICATION

The Rapporteur considers that the Commission proposal for a Talent Pool should be welcomed, as it could complement the Union’s other efforts to engage with non-EU country partners strategically on migration management and accelerate progress to achieving several Sustainable Development Goals, in particular SDG 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and SDG 10 on reduced inequalities. The proposal is in line with the objectives of the 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 (NDICI-GE Regulation) including the provisions laid down in Recitals 50 and 51, and previous positions of the Committee on Development, e.g., that well-designed and well-managed legal migration policies can be a source of innovation and economic development, beneficial for both countries of origin and host countries. The Talent Pool can help the EU and its Member States to fill skills gaps in EU-wide shortage occupations, broaden employers’ access to a diverse array of skills and talents, and create mutual gains for the EU and third country partners. The Talent Pool adds value to emerging Talent Partnerships and could enhance engagement from Member States, which is needed to fully unlock the potential of these partnerships, creating win-win situations for all partners involved.

 

The EU Talent Pool will be the first EU-wide platform aimed at facilitating international recruitment and providing opportunities for jobseekers from third countries that are interested and have the skills required to work in EU-wide shortage occupations. The initiative is voluntary, thus leaving the Member States a choice to join it or not. It is assumed that between 11 and 20 Member States will join by 2030, with further Member States joining afterwards.

 

The Rapporteur acknowledges that the Talent Pool regulation can address only some of the obstacles to exploiting the potential of mutually beneficial labour migration between the EU and developing countries. It is only one piece in a wider set of legislative and policy measures at EU and Member State level required to make labour migration successful, such as those for enabling recognition of qualifications and validation of skills and for facilitating legal migrants’ inclusion and integration into society. The Talent Pool builds on and complements development cooperation programmes that enhance the development of skills and competences, education and vocational training and are financed through the NDICI-GE Instrument. The Rapporteur considers that, where relevant, information on opportunities for the development of skills and competences, as well as education and vocational training provided through development cooperation programmes should be available to jobseekers participating in the EU Talent Pool.

 

The Rapporteur stresses that the EU Talent Pool IT platform must be simple to navigate in practice. Eligibility and selection criteria should be transparent, non-discriminatory and allow for the admissibility of jobseekers with all skill levels. Jobseekers from third countries wishing to register in the Talent Pool should have easy access to information on how to create a profile. It should be easy for jobseekers to know what jobs they are eligible for and for employers to recognise foreign credentials. Information should be written in an understandable language, including preferably the official languages of the countries participating in a Talent Partnership.

 

The Rapporteur considers that the Talent Pool is in line with the general principle of the NDICI-GE Regulation to pursue a more coordinated, holistic and structured approach to migration with partners. Furthermore, the Rapporteur welcomes that the EU Talent Pool should contribute to the objective of discouraging irregular migration, including by facilitating access to existing legal pathways, which complements development cooperation programmes that address the root causes of migration and forced displacement. The Rapporteur considers it important that jobseekers participating in the EU Talent Pool should also have easy access to information on relevant procedures following the selection process, as well as information on assistance available to migrants wishing to return to their home countries, including on support for reintegration in the context of Talent Partnerships with developing countries.

 

The rapporteur believes that the Talent Pool must comply with the principle of Policy Coherence for Development, as stipulated in Article 208 TFEU, fully exploiting the synergies with EU’s development cooperation. When reviewing the implementation of the Talent Pool, the Commission should therefore take into account the impact of the Regulation on the objectives of EU development cooperation.

 

AMENDMENTS

The Committee on Development submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment  1

Proposal for a regulation

Citation 6 a (new)

 

Text proposed by the Commission

Amendment

 

- having regard to Article 208(1) of the Treaty on the Functioning of the European Union, and in particular its statement that the ‘Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’,

Amendment  2

Proposal for a regulation

Recital 1 b (new)

 

Text proposed by the Commission

Amendment

 

(1b) The EU Talent Pool should take into consideration that access to internet is low in some developing regions, such as Sub-Saharan Africa, and consider that this may hinder the participation of potential jobseekers.

Amendment  3

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States.

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the Member States.

Amendment  4

Proposal for a regulation

Recital 3 a (new)

 

Text proposed by the Commission

Amendment

 

(3a) The Talent Pool should contribute to achieving the UN 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs), in particular Goal 1 to eradicate poverty, Goal 5 to ensure gender equality and empower all women and girls, Goal 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all and Goal 10 to reduce inequalities within and among countries.

Amendment  5

Proposal for a regulation

Recital 3 b (new)

 

Text proposed by the Commission

Amendment

 

(3b) The implementation of the Talent Pool Regulation should comply with the principle of Policy Coherence for Development, supporting the achievement of the SDGs in the EU and in third countries. It should promote equal treatment and non-discrimination as well as prevent and protect migrant workers from exploitation and abuse. It should furthermore take into account the WHO Global Code of Practice on the International Recruitment of Health Personnel and the potential negative effects of health personnel emigration from developing countries.

Amendment  6

Proposal for a regulation

Recital 3 c (new)

 

Text proposed by the Commission

Amendment

 

(3c) The EU Talent Pool should be in line with the EU’s Gender Equality Strategy as well as the policy framework of the Gender Action Plan III, as migrant women are often particularly vulnerable to mistreatment.

Amendment  7

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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 to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this 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. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.

(5) 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. 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. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.

Amendment  8

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) The EU Talent Pool should also support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum30 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU31. 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.

(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 EU, its Member States and third countries. The EU Talent Pool should also support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum30 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU31. 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.

__________________

__________________

30 COM/2020/609 final.

30 COM/2020/609 final.

31 COM/2022/657 final.

31 COM/2022/657 final.

Amendment  9

Proposal for a regulation

Recital 7 a (new)

 

Text proposed by the Commission

Amendment

 

(7a) The EU Talent Pool should promote skills-based migration that relies on genuine partnerships, taking into account possible consequences on family disintegration. 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 gains for the third countries, the EU and its Member States. Partnerships should offer simple, coherent and comprehensible legal pathways to the Union, enabling re-entry possibilities that may be facilitated through the EU Talent Pool and encouraging circular migration for its developmental benefits to countries of origin, including through skills and knowledge transfers and remittances. Third countries must be able to co-create equal partnerships. The European Union migration policy must always be guided by respect for the rule of law and human rights.

Amendment  10

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(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.

(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. Synergies should also be ensured with EU-funded education programmes in developing countries, such as the Global Partnership for Education, Education Cannot Wait and the Erasmus+ programme. 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.

Amendment  11

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) 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. 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 two years should be automatically removed. 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.

(14) 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. Profiles of registered jobseekers from third countries participating in the EU Talent Pool IT platform that have not been used for a period of two years and those of employers that have not been used for a period of three years should be automatically removed. The owner of the profile should be notified about the removal at the latest one month in advance. 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 in line with Art. 20 (1) under this Regulation. For profiles of registered jobseekers, data on nationality, desired or current occupation, possession of Talent Partnership pass, the time period that the profile was registered on the EU Talent Pool IT platform, the number of visits on the platform, the number of matches with employers, and the number of job placements facilitated could be stored. For profiles of employers, data on the Member State they are based in, the sector, the number of visits on the EU Talent Pool IT platform, the number of matches with jobseekers, and the number of job placements facilitated could be stored.

Amendment  12

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(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 Council35 , 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. Information should also be provided on the consequences for making a false declaration in this respect.

(16) The EU Talent Pool should facilitate legal migration by promoting the international recruitment of third country nationals and their access to existing legal pathways and contribute to reducing irregular migration by helping address its root causes, while contributing to human capital development by promoting decent work and social inclusion. 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 Council35, 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. Information should also be provided on the consequences for making a false declaration in this respect.

__________________

__________________

35 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

35 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

Amendment  13

Proposal for a regulation

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

(16a) 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 out in the NDICI-GE Regulation as well those regarding support to the development of skills and competences, education and vocational training in partner countries.

Amendment  14

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass36 profile builder functionality enabling to create a free profile and report the relevant skills, qualifications, and other experiences in one secure online location.

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using, where appropriate, the Europass36 profile builder functionality enabling to create a free profile without the obligation to include any pictures and report the relevant skills, qualifications, and other experiences in one secure online location.

__________________

__________________

36 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

36 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

Amendment  15

Proposal for a regulation

Recital 17 a (new)

 

Text proposed by the Commission

Amendment

 

(17a) Eligibility criteria should be non-discriminatory, based on the principle of equal treatment, and should be defined in a broad way to allow for the admissibility of jobseekers with all skill levels and providing opportunities for persons with disabilities. Jobseekers from third countries wishing to register in the EU Talent Pool should have easy access to information on how to create a profile. Where applicable, information on opportunities for the development of skills and competences, education and vocational training provided through development cooperation programmes, should be available to jobseekers participating in the EU Talent Pool.

Amendment  16

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the 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.

(18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications. It should be considered that the process of recognition of qualifications and validation of skills varies between Member States, and that the participating Member States with less effective practices may take longer to process the information of registered jobseekers, which may negatively affect the functioning of the EU Talent Pool in some Member States. Therefore, the EU Talent Pool should serve as a tool to promote a smoother recognition of qualifications and validation of skills in the participating Member States. 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.

Amendment  17

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In the context of Talent Partnerships, 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 should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

(19) In the context of Talent Partnerships, 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. The selection of participating third countries in the Talent Partnerships should be fully transparent, with precise information on the functioning and outcome of the selection process. Therefore, the skills developed or validated in the framework of a Talent Partnership should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership and according to common harmonised guidelines to be issued by the Commission under an advisory procedure as specified in Article 12 (4) in line with Article 22 (2), should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

Amendment  18

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, 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 include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, 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 should include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

Amendment  19

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

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

(28) Information provided on the EU Talent Pool IT platform should be made available where technically possible at least in the official languages of the participating Member States, as well as in the official languages of third countries participating in the Talent Partnerships as well as the official languages of the ten nationalities that have received the highest number of single permits within the EU during the past three years.

Amendment  20

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States.

(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States. Information from the EU Delegations on the functioning of the EU Talent Pool should feed into the monitoring of the EU Talent Pool.

Amendment  21

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional support. Additional support should 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 such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available 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 and health insurance.

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support. Additional support should 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 such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available 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 and health insurance.

Amendment  22

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(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, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. 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.

(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, participating Member States should put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. Member States should preferably issue work and residence permits under the Single Permit Directive, to ensure a smooth and harmonised immigration procedure. 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.

Amendment  23

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU.

(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU as well as the principle of Policy Coherence for Development and the European Consensus on Development.

Amendment  24

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) Participating Member States should 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 should be ensured.

(37) Participating Member States should 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, sexual orientation, as well as on the basis of socio-cultural background or gender identity. The respect of fair and just working conditions and the protection of young people at work should be ensured.

Amendment  25

Proposal for a regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Any Member State may decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, job vacancies of employers established in that Member State may be transferred to the EU Talent Pool IT platform.

1. Any Member State may decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 6 months before the date from which it intends to participate. From the first day of participation, job vacancies of employers established in that Member State may be transferred to the EU Talent Pool IT platform.

Amendment  26

Proposal for a regulation

Article 5 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The Talent Pool IT platform shall be designed to allow jobseekers with all skill levels to easily access and navigate the platform, and employers to easily recognise foreign qualifications, without the obligation to include any pictures of the jobseekers. Where relevant, Delegations of the European Union shall disseminate information towards potential jobseekers in third countries about the Talent Pool IT Platform and how to make use of it.

Amendment  27

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.

3. Profiles of registered jobseekers from third countries shall include the name, surname, contact details, date of birth and nationality, availability, information on academic and professional qualifications, work experience, other skills and language knowledge. Profiles of employers participating in the EU Talent Pool shall include the name of the organisation or company, as well as the name, surname and contact details of the contact person. Job vacancies shall include the position, employer, time frame, job description, and contact details.

Amendment  28

Proposal for a regulation

Article 6 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries shall have the right to choose from a number of technical options to restrict access to their personal data.

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries shall have the right to choose from a number of technical options to restrict access to their personal data, including to require, at any time, the deletion or modification of their personal data in their profiles.

Amendment  29

Proposal for a regulation

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Profiles of registered jobseekers from third countries that have not been accessed for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. 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.

6. Profiles of registered jobseekers from third countries that have not been accessed for a period of two years and those of employers that have not been used for a period of three years from the registration of their profiles shall be removed and no personal data shall be stored. The owner of the profile shall be notified about the removal at the latest one month in advance. 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. For profiles of registered jobseekers, data on nationality, desired or current occupation, possession of Talent Partnership pass, the time period that the profile was registered on the EU Talent Pool IT platform, number of visits on the platform, number of matches with employers, and number of job placements facilitated may be stored. For profiles of employers, data on the Member State they are based in, the sector, number of visits on the EU Talent Pool IT platform, number of matches with jobseekers, and number of job placements facilitated may be stored.

Amendment  30

Proposal for a regulation

Article 8 – paragraph 2 – point (a)

 

Text proposed by the Commission

Amendment

(a) ensuring the overall management of the EU Talent Pool, including the planning and coordination of the activities of the EU Talent Pool;

(a) ensuring the overall management of the EU Talent Pool, including the planning and coordination of the activities of the EU Talent Pool, which will ensure a high standard of fair recruitment and prevent unfair practices, recruitment fees and other costs;

Amendment  31

Proposal for a regulation

Article 8 – paragraph 2 – point (e)

 

Text proposed by the Commission

Amendment

(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20;

(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20 including gender, age and disability disaggregated data on a voluntary and anonymous basis, and on the impacts of this Regulation on developing countries; including their achievement of the SDGs;

Amendment  32

Proposal for a regulation

Article 8 – paragraph 2 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) Making sure that the EU Talent Pool National Contact Points provide sufficient information and support services to registered jobseekers from third countries and employers participating in the EU Talent Pool in accordance with Article 17;

Amendment  33

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by 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.

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group, where appropriate, with participation of relevant civil society organisations. The selection of the representatives shall be fully transparent. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest. In addition, the Steering Group shall establish mechanisms for consulting other relevant stakeholders from third countries when useful, including social partners’ organisations and civil society organisations.

Amendment  34

Proposal for a regulation

Article 10 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) keeping a registry of employers participating in the EU Talent Pool;

(d) keeping a registry of employers participating in the EU Talent Pool based on the employer profiles registered on the EU Talent Pool IT platform;

Amendment  35

Proposal for a regulation

Article 10 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) suspending the access of employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice;

(e) suspending the access of employers participating in the EU Talent Pool and removing their profiles and job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice;

Amendment  36

Proposal for a regulation

Article 11 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. The creation of the profile via the Europass profile builder should not constitute a prerequisite for potential jobseekers to register in the EU Talent Pool IT platform.

Amendment  37

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment.

Employers participating in the EU Talent Pool shall not charge fees or related costs to registered jobseekers from third countries for the purpose of the recruitment. A clear statement that no recruitment fees or costs are charged to workers should be made visible in job vacancies.

Amendment  38

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.

3. Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications, availability, and work experiences for the job vacancy.

Amendment  39

Proposal for a regulation

Article 16 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Registered jobseekers from third countries may access a list of all employers participating in the EU Talent Pool.

Amendment  40

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available access to justice and redress mechanisms, and support organisations as well as information on living and working conditions in the participating Member States;

Amendment  41

Proposal for a regulation

Article 17 – paragraph 2 – point (c)

 

Text proposed by the Commission

Amendment

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18;

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, best practices for transferring remittances, recognition of qualifications and the complaint and redress mechanism pursuant to Article 18;

Amendment  42

Proposal for a regulation

Article 17 – paragraph 2 –point (ea) (new)

 

Text proposed by the Commission

Amendment

 

(ea) information to third country nationals on legal stay in the Member State of reception after the end of their working contract with an employer participating in the EU Talent Pool as well as information on assistance available to third country nationals on return to their home countries, including on support for reintegration in the context of Talent Partnerships with developing countries;

Amendment  43

Proposal for a regulation

Article 17 – paragraph 2 –point (eb) (new)

 

Text proposed by the Commission

Amendment

 

(eb) where relevant, information on opportunities for development of skills and competences, education and vocational training provided through development cooperation programmes.

Amendment  44

Proposal for a regulation

Article 17 – paragraph 2 – point (e)

 

Text proposed by the Commission

Amendment

(e) where available, the contact details of organisations which offer post-recruitment assistance for third country nationals.

(e) the contact details of organisations which offer post-recruitment assistance for third country nationals.

Amendment  45

Proposal for a regulation

Article 18 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating Member States shall ensure that there are effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).

1. Participating Member States shall ensure that there are accessible, timely, gender-sensitive and effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3). Attention should be especially given to occupations with higher rates of labour exploitation, such as domestic and care work.

Amendment  46

Proposal for a regulation

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool IT Platform shall feature a direct link to the relevant complaint and redress mechanisms for registered jobseekers against unlawful recruitment as well as abusive employment practices, indicating the relevant institutional body or organisation they should refer to.

Amendment  47

Proposal for a regulation

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating Member States may decide to put in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool.

1. Participating Member States shall put in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool.

Amendment  48

Proposal for a regulation

Article 19 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. If the accelerated immigration procedure is not applied, Member States shall issue work and residence permits under the Single Permit Directive, to ensure a smooth and harmonised immigration procedure.

Amendment  49

Proposal for a regulation

Article 20 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, data shall be gathered on:

1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, gender, age and disability disaggregated data shall, on a voluntary and anonymous basis, be gathered on:

Amendment  50

Proposal for a regulation

Article 20 – paragraph 1 – point (fa) (new)

 

Text proposed by the Commission

Amendment

 

(fa) The number and type of registered jobseekers and recruitments from developing countries in order to monitor the impact of the regulation on developing countries through clear indicators based on the SDGs.

Amendment  51

Proposal for a regulation

Article 20 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool Secretariat, in collaboration with the EU Talent Pool National Contact Points, shall distribute anonymous surveys to employers and jobseekers, on their evaluation of the suitability of the matching mechanism, amount of recruitments facilitated through the EU Talent Pool, overall satisfaction with information provided and assistance during the process, and accessibility of the platform.

Amendment  52

Proposal for a regulation

Article 20 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group.

3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group and, where relevant, in consultation with the Delegations of the European Union.

Amendment  53

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation, taking into account its impact on the objectives of EU development cooperation in line with the principle of Policy Coherence for Development and the advancements of the SDGs in third countries.

 


 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR FOR OPINION HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

Entity and/or person

European Commission: DG INTPA, DG HOME

IOM

The list above is drawn up under the exclusive responsibility of the rapporteur for the opinion.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur for the opinion declares that he has submitted to the concerned natural persons the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

 


PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing an EU talent pool

References

COM(2023)0716 – C9-0413/2023 – 2023/0404(COD)

Committee(s) responsible

LIBE

 

 

 

Opinion by

 Date announced in plenary

DEVE

8.2.2024

Rapporteur for the opinion

 Date appointed

Tomas Tobé

4.12.2024

Date adopted

28.1.2025

 

 

 

Result of final vote

+:

–:

0:

16

5

0

Members present for the final vote

Barry Andrews, Hildegard Bentele, Robert Biedroń, Niels Geuking, Marc Jongen, Murielle Laurent, Reinhold Lopatka, Isabella Lövin, Thierry Mariani, Liudas Mažylis, Ana Miranda Paz, Tiago Moreira de Sá, Leire Pajín, Isabel Serra Sánchez, Kristoffer Storm

Substitutes present for the final vote

Anna-Maja Henriksson, Paolo Inselvini, Ondřej Kolář, Marit Maij, Carolina Morace, Cecilia Strada

 


 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

16

+

PPE

Hildegard Bentele, Niels Geuking, Ondřej Kolář, Reinhold Lopatka, Liudas Mažylis

Renew

Barry Andrews, Anna-Maja Henriksson

S&D

Robert Biedroń, Murielle Laurent, Marit Maij, Leire Pajín, Cecilia Strada

The Left

Carolina Morace, Isabel Serra Sánchez

Verts/ALE

Isabella Lövin, Ana Miranda Paz

 

5

-

ECR

Paolo Inselvini, Kristoffer Storm

ESN

Marc Jongen

PfE

Thierry Mariani, Tiago Moreira de Sá

 

0

0

 

 

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 


OPINION OF THE COMMITTEE ON EMPLOYMENT AND SOCIAL AFFAIRS (20.2.2025)

for the Committee on Civil Liberties, Justice and Home Affairs

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

(COM(2023)0716 – C9‑0413/2023 – 2023/0404(COD))

Rapporteur for opinion: Marianne Vind

 

AMENDMENTS

The Committee on Employment and Social Affairs submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment  1

 

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, 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 expected to persist and potentially aggravate in the light of demographic challenges.

(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations of a variety of levels of qualifications, including in those relevant for the green and digital transitions, as well as for research and technological development. Extensive shortages in construction, 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 expected to persist and further aggravate in the light of demographic challenges.

Amendment  2

 

Proposal for a regulation

Recital 1 a (new)

 

Text proposed by the Commission

Amendment

 

(1a) Labour shortages can be the result of poor working and employment conditions, including low wages, as well as a lack of investment in skills and vocational education and training (VET). Addressing those issues is essential to attracting and retaining workers. Decent wages, access to social protection, lifelong learning opportunities, good working conditions in safe and healthy workplaces, respect for workers’ rights, trade union rights, collective bargaining as well as promoting economic and social convergence are essential in that regard.

Amendment  3

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition.

(2) Addressing labour shortages requires an ambitious and comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of workers and jobseekers residing in the Union, particularly those underrepresented in the labour market or in vulnerable situations. This could be achieved by reskilling and upskilling the existing workforce, improving educational and training opportunities, facilitating intra-EU labour mobility, making better use of the EURES network, enhancing the recognition of skills and diplomas, as well as improving employment and working conditions, the attractiveness of certain occupations, career development, retention strategies and the employability of third-country nationals already living in the Union.

Amendment  4

 

Proposal for a regulation

Recital 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce are key to addressing existing and future labour and skills shortages within the Union but likely to be insufficient. The Commission estimates that due to the anticipated decline in the working age population, there will be a labour shortage of at least seven million workers in the Union by 20301a. Legal migration can complement those actions, support the twin transition and strengthen the Union economy and competitiveness. Identifying labour shortages and attracting workers from third countries should be carried out in a transparent manner, after consulting the social partners and civil society organisations at national level and subject to respect for the principle of preference for Union citizens.

 

__________________

 

1a European Commission, Directorate-General for Employment, Social Affairs and Inclusion, ‘Employment and social developments in Europe 2023’, Publications Office of the European Union, 2023, https://data.europa.eu/doi/10.2767/089698

Amendment  5

 

Proposal for a regulation

Recital 2 b (new)

 

Text proposed by the Commission

Amendment

 

(2b) The European Employment Services (EURES), which provides information, advice and recruitment or placement for the benefit of workers and employers across the Union, can play a significant role in the publication of vacant positions with a view to attracting workers from other Member States.

Amendment  6

 

Proposal for a regulation

Recital 2 c (new)

 

Text proposed by the Commission

Amendment

 

(2c) The EU Talent Pool platform should meet established needs of the labour market and should not serve as a means to displace or negatively affect the existing workforce or otherwise undermine decent working conditions and wages or fair competition. To better support Member States’ efforts in addressing existing and future labour shortages, the EU Talent Pool should target specific occupations at all skills level, based on shortage occupations, identified by the National Contact Points. The EU Talent Pool should not affect the principle of preference for Union citizens and should therefore not be used for recruitment of third-country nationals unless a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal, verified by labour market tests or any similar procedures that fulfil the same goal in accordance with national law and practice.

Amendment  7

 

Proposal for a regulation

Recital 2 d (new)

 

Text proposed by the Commission

Amendment

 

(2d) The EU Talent Pool should be based on the values of solidarity and justice and should avoid unfair competition between Member States for third-country workers. It should enhance fair recruitment and ensure the protection of jobseekers from third countries from exploitation in line with international human rights and labour standards. The EU Talent Pool should function in a transparent and non-discriminatory manner, on the basis of criteria that allow for the participation of jobseekers with all skill levels. A special focus should be on female jobseekers from third countries, who are particularly vulnerable to discrimination, social exclusion, abuse, violence and harassment.

Amendment  8

 

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States.

(3) In order to facilitate fair international recruitment, overcome labour and skills shortages and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers of all qualification levels from third countries residing outside the Union and job vacancies of registered employers established in the participating Member States.

Amendment  9

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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 to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this 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. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.

(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 to complement the activation of the domestic workforce and intra-EU mobility in order to achieve this objective. As a voluntary tool to facilitate international recruitment, the EU Talent Pool should offer additional support at Union level to interested Member States. Member States should be able to withdraw from the EU Talent Pool. Complementarity and interoperability with existing national initiatives and platforms should be ensured while not replacing existing national structures. Member States’ specific needs, established after consulting national social partners, should be taken into account in the development of the EU Talent Pool in order to ensure the widest and fairest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of formally or informally aquired skills, competences and qualifications that might be needed by the Member States’ labour markets. The labour market situation of third countries should also be monitored in order to avoid the risk of a brain drain.

Amendment  10

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.

(6) The EU Talent Pool aims at providing services to employers that are legally established in a participating Member State, including temporary work agencies as defined by Directive 2008/104/EC. Employers should intend to or have a direct employment relationship in that Member State, in accordance with national law, with a registered jobseeker from a third country. For the purpose of the recruitment process, employers may be supported by a recruiting agency. This should be without prejudice to the responsibilities of the registered employers set out in this Regulation. The recruiting agency should register a profile on the EU Talent Pool IT platform and clearly indicate which employer they are recruiting for. The EU Talent Pool should have a particular focus on SMEs.

Amendment  11

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(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.

(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, the social partners should each be able to appoint three representatives to the EU Talent Pool Steering Group. There should be the possibility for relevant EU agencies, such as the European Labour Authority, Eurofound, the Centre for the Development of Vocational Training and the European Training Foundation, and a representative of the European Parliament to attend EU Talent Pool Steering Group meetings as observers. The EU Talent Pool Steering Group should also be able to decide to invite international organisations, sectoral social partners at Union level and other relevant stakeholders as observers to its meetings.

Amendment  12

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(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 ‘EU Talent Partnership pass’.

(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 ‘EU Talent Partnership pass’. The platform should be user-friendly and should ensure intuitive navigation. It should be possible for participants to use the platform without additional support from third parties. Easy access should also be provided to persons with disabilities in accordance with Directives (EU) 2016/21021a and (EU) 2019/8821b.

 

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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. 1–15, 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. 70–115, ELI: http://data.europa.eu/eli/dir/2019/882/oj).

Amendment  13

 

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(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.

(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 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 safe, bias-free innovative features and tools.

Amendment  14

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(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. 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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform.

(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 registered jobseekers and required by the registered employers, thereby enabling a high-quality matching process. In accordance with Commission Recommendation (EU) 2023/26118a, 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, 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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform.

__________________

__________________

8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

 

8a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third-country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/oj).

Amendment  15

 

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(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 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.

(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.

Amendment  16

 

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) 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. 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 two years should be automatically removed. 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.

(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 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 prior to any profile removal allowing for a reasonable amount of time to react. Registered jobseekers from third countries and registered employers should be able to remove their profiles from the EU Talent Pool IT platform at any time. 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 and related jobseekers from third countries’ profiles should be automatically removed from the EU Talent Pool IT platform once registered employers notified successful completion of the recruitment.

Amendment  17

 

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

(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 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.

(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.

Amendment  18

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(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. 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. Information should also be provided on the consequences for making a false declaration in this respect.

(16) The EU Talent Pool should contribute to the objective of facilitating access to existing legal labour migration 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 of making a false declaration in this respect, i.e. the deletion of jobseekers’ profiles from the EU Talent Pool IT Platform and the suspension of access to the EU Talent Pool.

__________________

__________________

11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

Amendment  19

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should 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.

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality enabling to create a profile free of charge and report the relevant skills, including language skills, qualifications, and other experiences, and upload relevant documents in one secure online location. Jobseekers’ profiles should be automatically filtered to detect profiles that are incomplete, show suspicious patterns, or contain repetitive information. The technical infrastructure to screen profiles should not lead to the automatic deletion of such profiles, but should channel them to a human moderator for decision.

__________________

__________________

12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

Amendment  20

 

Proposal for a regulation

Recital 17 a (new)

 

Text proposed by the Commission

Amendment

 

(17a) Employers from participating Member States wishing to register on the EU Talent Pool IT platform should create a profile using a standardised procedure to create a profile free of charge providing all information required. Profiles of registered employers participating in the EU Talent Pool should include the name of the company, sector of activity, a brief description of operations and the company registration number, as well as name, surname and contact details of its representative. National Contact Points should carry out checks on the employers and recruiting agencies within ten working days before their profile is activated automatically. Such checks should include relevant administrative or judicial decisions to which the employer has been subject. The checks should not create any unnecessary administrative burden for registered employers and recruiting agencies. Employers’ profiles should be automatically filtered to detect profiles that are incomplete, show suspicious patterns, or contain repetitive information. The technical infrastructure to screen profiles should not lead to the automatic deletion of such profiles, but should channel them to a human moderator for decision.

Amendment  21

 

Proposal for a regulation

Recital 17 b (new)

 

Text proposed by the Commission

Amendment

 

(17b) The EU Talent Pool National Contact Points should suspend the access of a registered employer participating in the EU Talent Pool and should remove that employer’s job vacancies from the EU Talent Pool IT platform as soon as any infringements of this Regulation have been proven. The EU Talent Pool National Contact Points should also provide information on such infringements and relevant measures taken to the EU Talent Pool Secretariat and the EU Talent Pool Steering Group.

Amendment  22

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the 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.

(18) The recognition of qualifications and validation of skills of registered jobseekers from third countries, acquired in formal and non-formal settings, should be conducted in the participating Member States upon request of the jobseeker or the employer in accordance with the national law and practices, and with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications, in accordance with Commission Recommendation (EU) 2023/26111a. 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.

 

__________________

 

1a Commission Recommendation (EU) 2023/2611 of 15 November 2023 on the recognition of qualifications of third-country nationals (OJ L, 2023/2611, 24.11.2023, ELI: http://data.europa.eu/eli/reco/2023/2611/oj)

Amendment  23

 

Proposal for a regulation

Recital 18 a (new)

 

Text proposed by the Commission

Amendment

 

(18a) An easy-to-use complaints tool should be available on the EU Talent Pool IT platform. Complaints lodged by jobseekers from third countries or employers using the EU Talent Pool should be referred to the EU Talent Pool Secretariat. Where relevant, the secretariat should forward the complaints to the National Contact Points concerned. The EU Talent Pool Secretariat should inform the Talent Pool Steering Group of the number of complaints and their grounds on a regular basis.

Amendment  24

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In the context of Talent Partnerships, 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 should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

(19) In the context of Talent Partnerships, 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 should be certified by the ‘EU 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 as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU 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 an ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

Amendment  25

 

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(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 one year, 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.

deleted

Amendment  26

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) 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 working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment.

(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 of selected jobseekers as of the start of their contract with respect to workers’ rights and working conditions, remuneration, access to social protection, health care, vocational education and training and life-long-learning. In accordance with those principles, the EU Talent Pool should ensure quality employment, fair labour mobility and fair competition. The involvement of the European Labour Authority is crucial in that regard. The Talent Pool should promote the inclusion of persons with disabilities in line 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 the equality bodies in the participating Member States as established by Directive (EU) 2024/15001a 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, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj).

 

1b Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj).

Amendment  27

 

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) The International Labour Organisation (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. Employers should 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 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 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 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 nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Employers participating in the EU Talent Pool should comply with Directive 96/71/EC18 as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State.

(23) The International Labour Organisation (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. Employers should comply with applicable Union law and practice. Equal treatment of jobseekers from third countries to nationals of the respective participating Member State 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. National Contact Points, in cooperation with relevant national authorities and the social partners, where applicable, should monitor the compliance of employers with those Directives.

__________________

__________________

13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj).

13 Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1–9, ELI: http://data.europa.eu/eli/dir/2011/98/oj).

14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj).

14 Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers OJ L 94, 28.3.2014, p. 375, ELI: http://data.europa.eu/eli/dir/2014/36/oj).

15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj).

15 Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC, OJ L 382, 28.10.2021, p. 1, ELI: http://data.europa.eu/eli/dir/2021/1883/oj).

16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).

16 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (recast) (OJ L 132, 21.5.2016, p. 21, ELI: http://data.europa.eu/eli/dir/2016/801/oj).

17 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj).

 

18 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).

 

Amendment  28

 

Proposal for a regulation

Recital 23 a (new)

 

Text proposed by the Commission

Amendment

 

(23a) Job vacancies transferred to the EU Talent Pool IT platform should include detailed information on the employer as well as the employment and working conditions, such as the habitual place of work, the type of work, the sector of activity, qualification requirements, the main tasks, the type and duration of the contract, the initial remuneration or its range, the working hours and working time, any probationary period, the amount of paid leave and the requested language profile. In accordance with Directive 2019/1152/EU1a, registered employers participating in the EU Talent Pool should provide to registered jobseekers from third countries information in writing and in a clear, comprehensible, easily accessible manner on their rights and obligations resulting from the employment relationship at the latest at the start of the employment.

 

__________________

 

1a Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105, ELI: http://data.europa.eu/eli/dir/2019/1152/oj).

Amendment  29

 

Proposal for a regulation

Recital 23 b (new)

 

Text proposed by the Commission

Amendment

 

(23b) There should be no direct or indirect costs or fees for jobseekers from third countries related to their participation in the EU Talent Pool or their recruitment. An employer should neither charge any recruitment fee nor prohibit a worker from taking up employment with other employers, outside the work schedule established with that employer, nor subject a worker to adverse treatment for doing so. Work related language training and recruitment related expenses should be covered by the employer.

Amendment  30

 

Proposal for a regulation

Recital 23 c (new)

 

Text proposed by the Commission

Amendment

 

(23c) Registered employers participating in the EU Talent Pool should comply with Directive 96/71/EC1a as amended by Directive 2018/957 when posting workers in the framework of the provision of services, in particular with regard to the terms and conditions of employment thereby established such as the obligation that third country workers can only be posted to a Member State if they are legally and habitually employed in another Member State.

 

__________________

 

1a Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1, ELI: http://data.europa.eu/eli/dir/1996/71/oj).

Amendment  31

 

Proposal for a regulation

Recital 23 d (new)

 

Text proposed by the Commission

Amendment

 

(23d) The National Contact Points of the participating Member States, in cooperation with national labour inspectorates and social partners should monitor the compliance of registered employers with applicable Union and national law as well as the ILO General Principle and Operational Guidelines for Fair Recruitment. Particular attention should be paid to sectors that are at a greater risk of fraud, where jobseekers from third countries are particularly vulnerable and at a high risk of labour exploitation and abuse. In order to prevent in-work poverty and dependence on social assistance, National Contact Points should verify that the remuneration associated with a job vacancy is adequate in accordance with national law and practice, in particular in regard to statutory minimum wages and applicable collective agreements.

Amendment  32

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(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.

(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. The matching criteria should be transparent and up-to-date. The automated matching should avoid any bias or discrimination and should have in-built safeguards in this regard. Registered jobseekers from third countries and registered employers participating in the EU Talent Pool should also have the possibility to search the EU Talent Pool database themselves independently and use filters to identify specific profiles or job vacancies.

Amendment  33

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool.

(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, especially SMEs, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the registration and participation in the EU Talent Pool and the list of participating Member States. It should also stress that the usage of the EU Talent Pool is free of charge.

Amendment  34

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, 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 include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on 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, including national shortage occupations identified for the purpose of the EU Talent Pool, with the EU Talent Pool Secretariat in order to allow its publication on the EU Talent Pool IT platform. The EU Talent Pool Secretariat should publish a joint list of shortage occupations in the participating Member States 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 include specific information campaigns, support to obtain a travel document, information on procedures, support to obtain certified translations and integration support upon arrival.

Amendment  35

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

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

(28) Information provided on the EU Talent Pool IT platform should be made available at least in the languages of the Union institutions. Recruitment information for a selected jobseeker from a third country should be provided in a language the person is reasonably expected to understand.

Amendment  36

 

Proposal for a regulation

Recital 29

 

Text proposed by the Commission

Amendment

(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States.

(29) The Delegations of the European Union should support the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning, as well as the participating Member States. The information should be provided in the official languages of their host countries.

Amendment  37

 

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional support. Additional support should 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 such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available 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 and health insurance.

(30) Upon request from selected jobseekers from third countries or registered employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support and easy access to information. This 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 such as access to social benefits, healthcare and health assistance, education and training, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, 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 redress mechanisms and contacts to trade unions 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 registered employers and jobseekers participating in the EU Talent Pool on their rights and obligations relating to social security, including pension entitlements and health insurance, as well as on active labour market measures, employment contracts and working conditions. Post-recruitment assistance for jobseekers from third countries and registered employers could also be provided by trade unions, employer associations, chambers of commerce and where relevant, regional and local authorities and other non-governmental organisations. Support networks for mobile workers by social partner organisations can play an important role in this context.

Amendment  38

 

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(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, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. 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.

(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, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens in areas of shortage occupations identified by the National Contact Points. 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. Information on those accelerated procedures should be duly communicated and made available both to registered jobseekers from third countries and registered employers at an early stage of the recruitment process.

Amendment  39

 

Proposal for a regulation

Recital 31 a (new)

 

Text proposed by the Commission

Amendment

 

(31a) To make the recruitment of jobseekers from third countries residing outside the Union easier and faster, participating Member States may put in place accelerated recognition of qualification procedures. This could include the validation of skills and qualifications, the formal recognition of foreign professional qualifications in case of regulated professions, or the validation of qualifications acquired in the framework of a Talent Partnership. The implementation of accelerated recognition of qualifications procedures could be discussed in the context of the EU Talent Pool Steering Group, in particular with a view to exchanging best practices among Member States. Information about those accelerated procedures should be duly communicated and made available to both registered jobseekers from third countries and registered employers at an early stage of the recruitment process.

Amendment  40

 

Proposal for a regulation

Recital 32

 

Text proposed by the Commission

Amendment

(32) Since the objectives of this Regulation, namely the establishment of a Union-wide platform aimed at addressing labour shortages at Union level by facilitating the recruitment of third country nationals to work in EU-wide shortage occupations, cannot be sufficiently achieved by the Member States due to the lack of effective channels and the limited visibility at global level, but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(32) Since the objectives of this Regulation, namely the establishment of a Union-wide platform aimed at addressing certain labour shortages at Union level by facilitating the recruitment of third country nationals to work in EU-wide shortage occupations, cannot be sufficiently achieved by the Member States due to the lack of effective channels and the limited visibility at global level, but can rather, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Amendment  41

 

Proposal for a regulation

Recital 33

 

Text proposed by the Commission

Amendment

(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 . 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.

deleted

__________________

 

19 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj).

 

Amendment  42

 

Proposal for a regulation

Recital 34

 

Text proposed by the Commission

Amendment

(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 Council20 .

deleted

__________________

 

20 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj.

 

Amendment  43

 

Proposal for a regulation

Recital 35

 

Text proposed by the Commission

Amendment

(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. The examination procedure should also be used for the adoption of 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 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.

(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. The examination procedure should also be used for the adoption of 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 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.

Amendment  44

 

Proposal for a regulation

Recital 36

 

Text proposed by the Commission

Amendment

(36) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6 TEU.

(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 collective action, in accordance with Article 6 TEU.

Amendment  45

 

Proposal for a regulation

Recital 37

 

Text proposed by the Commission

Amendment

(37) Participating Member States should 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 should be ensured.

(37) Participating Member States should 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, gender equality and the protection of young people at work should be ensured.

Amendment  46

 

Proposal for a regulation

Article 1 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool shall not be used for the recruitment of third-country nationals unless a job vacancy cannot be filled through recruitment in the Union by means of national employment services and the EURES portal, verified by labour market tests or any similar procedures that fulfil the same goal in accordance with national law and practice.

Amendment  47

 

Proposal for a regulation

Article 1 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. This Regulation is without prejudice to Union and national requirements on occupational health and safety, requirements on operational safety as well as sector-specific legislation at Union level.

Amendment  48

 

Proposal for a regulation

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.

1. This Regulation applies to jobseekers of all skills and qualification levels from third countries residing outside the Union and employers, including SMEs, established in the participating Member States.

Amendment  49

 

Proposal for a regulation

Article 3 – title

 

Text proposed by the Commission

Amendment

Participation

Participation of Member States

Amendment  50

 

Proposal for a regulation

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Any Member State may decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, job vacancies of employers established in that Member State may be transferred to the EU Talent Pool IT platform.

1. Any Member State may, after consulting the social partners, decide, at any time, to participate in the EU Talent Pool. It shall notify its decision to the Commission at the latest 9 months before the date from which it intends to participate. From the first day of participation, registered employers established in the Member State concerned may transfer job vacancies to the EU Talent Pool IT platform in accordance with the conditions referred to in Article 13.

Amendment  51

 

Proposal for a regulation

Article 3 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform.

2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform. Such information shall include the starting date when Member States effectively participate in or withdraw from the EU Talent Pool.

Amendment  52

 

Proposal for a regulation

Article 3 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. A participating Member State may decide to withdraw its participation from the EU Talent Pool at any time. It shall notify such a decision to the Commission at least three months before the date from which it intends to withdraw without prejudice to any ongoing recruitment processes or to any complaints or redress procedures pursuant to Article 18.

Amendment  53

 

Proposal for a regulation

Article 4 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) ‘jobseeker from a third country’ means a person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union;

(2) ‘jobseeker from a third country’ means a natural person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union for him or herself;

Amendment  54

 

Proposal for a regulation

Article 4 – paragraph 1 – point 3

 

Text proposed by the Commission

Amendment

(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State under the direction or supervision of whom the employment is undertaken as well as private employment agencies, temporary work agencies and labour market intermediaries;

(3) ‘employer’ means any natural person, or any legal entity, established in a participating Member State, including temporary work agencies as defined by Directive 2008/104/EC, where that person or entity intends to have or has a direct employment relationship in that Member State, in accordance with national law, with a jobseeker from a third country;

Amendment  55

 

Proposal for a regulation

Article 4 – paragraph 1 – point 4

 

Text proposed by the Commission

Amendment

(4) ‘profile’ means the information provided by a jobseeker from a third country via a standard data format for the purpose of seeking an employment through the EU Talent Pool IT platform;

(4) ‘profile’ means the information provided by a jobseeker from a third country or an employer via a standard data format for the purpose of seeking an employment or recruiting a jobseeker from a third country through the EU Talent Pool IT platform;

Amendment  56

 

Proposal for a regulation

Article 4 – paragraph 1 – point 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) ‘public employment services’ means the organisations of the Member States, as part of relevant ministries, public bodies or corporations falling under public law, that are responsible for implementing active labour market policies and providing quality employment services in the public interest;

Amendment  57

 

Proposal for a regulation

Article 4 – paragraph 1 – point 5 b (new)

 

Text proposed by the Commission

Amendment

 

(5b) ‘job vacancy’ means an offer of quality employment which would allow a successful applicant to enter into an employment relationship for a position in the Member State in which the registered employer is established and where the jobseeker is to habitually work.

Amendment  58

 

Proposal for a regulation

Article 5 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the technical infrastructure to collect and maintain the profiles of registered jobseekers from third countries;

(c) the technical infrastructure to collect, screen and maintain the profiles of registered jobseekers from third countries and registered employers;

Amendment  59

 

Proposal for a regulation

Article 5 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies;

(d) the technical infrastructure to enable the EU Talent Pool National Contact Points, and registered employers participating in the EU Talent Pool to search for registered jobseekers from third countries and the registered jobseekers to search for job vacancies and registered employers;

Amendment  60

 

Proposal for a regulation

Article 5 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(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.

(f) the secure communication channel to enable registered jobseekers and registered employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform;

Amendment  61

 

Proposal for a regulation

Article 5 – paragraph 2 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) a complaints submission tool for both jobseekers from third countries and employers established in the participating Member States, using the EU Talent Pool.

Amendment  62

 

Proposal for a regulation

Article 5 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool IT platform shall be available at least in the languages of the Union institutions.

Amendment  63

 

Proposal for a regulation

Article 5 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. The Commission shall ensure that the automated matching tool referred to in paragraph 1, point (c), is by design free from biases and discriminatory practices. The EU Talent Pool IT platform shall be accessible for persons with disabilities in accordance with Directive (EU) 2016/21021a and Directive (EU) 2019/8821b.

 

__________________

 

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.

 

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.

Amendment  64

 

Proposal for a regulation

Article 5 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission shall adopt, by means of implementing acts, the necessary technical standards for the data exchange, data formats including ESCO, job vacancies formats and profiles formats for jobseekers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

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

Amendment  65

 

Proposal for a regulation

Article 5 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Participating 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.

4. Participating 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, including with the EURES Portal.

Amendment  66

 

Proposal for a regulation

Article 6 – paragraph -1 a (new)

 

Text proposed by the Commission

Amendment

 

-1a. The EU Talent Pool shall be governed by the principles of ethics, non-discrimination and data protection in accordance with Regulations (EU) 2016/679 and (EU) 2018/1725.

Amendment  67

 

Proposal for a regulation

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. The EU Talent Pool Secretariat may process personal data of registered jobseekers from third countries and those of employers participating in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725.

1. The EU Talent Pool Secretariat may process personal data with the explicit consent of the registered jobseekers from third countries and the registered employers participating in the EU Talent Pool only to the extent necessary for the performance of its tasks pursuant to Article 8. When processing personal data for this purpose, the EU Talent Pool Secretariat shall act as data controller, within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725.

Amendment  68

 

Proposal for a regulation

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The EU Talent Pool National Contact Points may process personal data of employers participating in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679.

2. The EU Talent Pool National Contact Points may process personal data of registered employers participating in the EU Talent Pool and those of registered jobseekers from third countries only to the extent necessary for the performance of its tasks under Article 10. When processing personal data for this purpose, EU Talent Pool National Contact Points shall act as data controllers, within the meaning of Article 4, point 7 of Regulation (EU) 2016/679.

Amendment  69

 

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.

3. Profiles of registered jobseekers from third countries shall include their name, surname, contact details, date of birth and nationality, academic and professional qualifications, and, whether formally or informally acquired, their work experience, skills, competences as well as language knowledge.

Amendment  70

 

Proposal for a regulation

Article 6 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. Profiles of registered employers participating in the EU Talent Pool shall include the name of the company, sector of activity, a brief description of operations and the company registration number, as well as name, surname, contact details of its representative.

Amendment  71

 

Proposal for a regulation

Article 6 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.

4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall inform registered jobseekers from third countries and registered employers participating in the EU Talent Pool about the processing of their personal data and their rights as data subjects as well as about their rights under paragraphs 6 and 7.

Amendment  72

 

Proposal for a regulation

Article 6 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries shall have the right to choose from a number of technical options to restrict access to their personal data.

5. The personal data registered in or transmitted to the EU Talent Pool IT platform in accordance with this Regulation shall be indexed, stored and made available there solely for search and matching purposes. Registered jobseekers from third countries and participating employers shall have the right to choose from a number of technical options to restrict access to their personal data.

Amendment  73

 

Proposal for a regulation

Article 6 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Profiles of registered jobseekers from third countries that have not been accessed for a period of two years from the registration of their profiles shall be removed or anonymised and no personal data shall be stored. 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.

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. The jobseekers concerned shall be informed prior to any such action. Profiles of registered employers that have not been accessed for a period of two years after the registration of their profiles shall be removed or anonymised and no personal data shall be stored. The employers concerned shall be informed prior to any such action. 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. Job vacancies that have been open for one year shall be removed.

Amendment  74

 

Proposal for a regulation

Article 6 – paragraph 7

 

Text proposed by the Commission

Amendment

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

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

Amendment  75

 

Proposal for a regulation

Article 6 – paragraph 8

 

Text proposed by the Commission

Amendment

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.

8. The data of registered jobseekers from third countries shall be accessible only to registered employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of registered employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points.

Amendment  76

 

Proposal for a regulation

Article 6 – paragraph 9

 

Text proposed by the Commission

Amendment

9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies, jobseekers’ and employers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Amendment  77

 

Proposal for a regulation

Article 8 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

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

(c) publishing relevant information on the EU Talent Pool IT platform pursuant to Articles 3(2), Article 10(2), point (f), Article 12(5),(6) and (7), Article 14(2), Article 15(2) and Article 17(1);

Amendment  78

 

Proposal for a regulation

Article 8 – paragraph 2 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) publishing a joint list of shortage occupations in the participating Member States on the EU Talent Pool IT platform, based on the latest notifications received from National Contact Points;

Amendment  79

 

Proposal for a regulation

Article 8 – paragraph 2 – point c b (new)

 

Text proposed by the Commission

Amendment

 

(cb) suspending the access of registered jobseekers from third countries to the EU Talent Pool, following reports by National Contact Points on infringements of this regulation by jobseekers, and removing their profiles from the EU Talent Pool IT platform and informing the jobseekers thereof;

Amendment  80

 

Proposal for a regulation

Article 8 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) receiving complaints filed via the EU Talent Pool complaints submission tool and transferring them to the National Contact Points where relevant;

Amendment  81

 

Proposal for a regulation

Article 8 a (new)

 

Text proposed by the Commission

Amendment

 

Article 8a

 

Establishment and composition of the EU Talent Pool Steering Group

 

1. The EU Talent Pool Steering Group is hereby established. It shall be composed of:

 

(a) two members from each participating Member State, comprising one from the employment authorities and one from the immigration authorities;

 

(b) three members representing the Commission;

 

(c) six members representing cross-industry social partner organisations at Union level, with an equal representation of trade union and employer organisations.

 

2. All parties to the EU Talent Pool Steering Group shall aim to achieve gender balance in the EU Talent Pool Steering Group.

 

3. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers. Representatives of Union agencies shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. The European Parliament may appoint one independent expert as observer to the EU Talent Pool Steering Group. The EU Talent Pool Steering Group may also decide to invite other relevant stakeholders, including international organisations, sectorial social partner organisations at Union level and civil society organisations, as observers to its meetings.

 

4. Each member and observer of the EU Talent Pool Steering Group shall sign a written statement declaring that they are not in a situation of conflict of interest. Each member shall update the statement in the case of a change of circumstances with regard to any conflict of interest. The EU Talent Pool Secretariat shall publish the statements and their updates.

Amendment  82

 

Proposal for a regulation

Article 9 – title

 

Text proposed by the Commission

Amendment

EU Talent Pool Steering Group

Functions of the EU Talent Pool Steering Group

Amendment  83

 

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The EU Talent Pool Steering Group is established. The EU Talent Pool Steering Group is responsible for:

1. The EU Talent Pool Steering Group is responsible for:

Amendment  84

 

Proposal for a regulation

Article 9 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) providing support to the EU Talent Pool Secretariat in the preparation of the list of EU-wide shortage occupations pursuant to Article 14;

(a) facilitating the exchange between Member States on shortage occupations;

Amendment  85

 

Proposal for a regulation

Article 9 – paragraph 1 – point d a (new)

 

Text proposed by the Commission

Amendment

 

(da) discussing the implementation of accelerated recognition of qualifications procedures to facilitate the recruitment of registered jobseekers from third countries [pursuant to Article 19a (new)] and exchange best practices among participating Member States in that respect;

Amendment  86

 

Proposal for a regulation

Article 9 – paragraph 1 – point d b (new)

 

Text proposed by the Commission

Amendment

 

(db) providing guidelines to the National Contact Points for monitoring registered employers’ compliance with the requirements in Article 13;

Amendment  87

 

Proposal for a regulation

Article 9 – paragraph 1 – point d c (new)

 

Text proposed by the Commission

Amendment

 

(dc) exchanging best practices among participating Member States on professions and sectors where labour exploitation involving third-country nationals is widespread and how to mitigate such risk;

Amendment  88

 

Proposal for a regulation

Article 9 – paragraph 1 – point d d (new)

 

Text proposed by the Commission

Amendment

 

(dd) discussing the complaints received via the EU Talent Pool complaints submission tool, where relevant, and appropriate measures to address them;

Amendment  89

 

Proposal for a regulation

Article 9 – paragraph 1 – point d e (new)

 

Text proposed by the Commission

Amendment

 

(de) monitoring the risk of the ‘brain drain’ in partnering third countries as a result of the EU Talent Pool.

Amendment  90

 

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers.

deleted

Amendment  91

 

Proposal for a regulation

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The EU Talent Pool Steering Group shall meet twice a year, or on ad-hoc basis when necessary. The meetings shall be convened and chaired by the Commission.

3. The EU Talent Pool Steering Group shall meet at least twice a year, or on ad-hoc basis when necessary. The meetings shall be convened and chaired by the Commission.

Amendment  92

 

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by 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.

deleted

Amendment  93

 

Proposal for a regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points.

1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as their EU Talent Pool National Contact Point.

Amendment  94

 

Proposal for a regulation

Article 10 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;

(b) transferring job vacancies to the EU Talent Pool IT platform, in accordance with Article 13(2), through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and registered employers participating in the EU Talent Pool;

Amendment  95

 

Proposal for a regulation

Article 10 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) notifying to the EU Talent Pool Secretariat the national list of shortage occupations once a year and any national adjustments to the list of EU-wide shortage occupations pursuant to Article 15;

(c) identifying national shortage occupations for the purpose of the EU Talent Pool at least once per year, after consultation with national social partners and other relevant stakeholders, and notify the EU Talent Pool Secretariat of the results;

Amendment  96

 

Proposal for a regulation

Article 10 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) keeping a registry of employers participating in the EU Talent Pool;

(d) verifying compliance with requirements for registration and participation as well as keeping a public list of registered employers participating in the EU Talent Pool and monitoring job vacancies, including the provision laid down in Article 13(3);

Amendment  97

 

Proposal for a regulation

Article 10 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) suspending the access of employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a breach of the relevant law and practice pursuant to Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice;

(e) suspending the access of registered employers participating in the EU Talent Pool and removing their job vacancies from the EU Talent Pool IT platform in case of a false declaration or infringement of the relevant law and practice in contravention of Article 13(3) is notified to the EU Talent Pool National Contact Points by the relevant national authorities or social partners responsible for enforcing the relevant law and practice;

Amendment  98

 

Proposal for a regulation

Article 10 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) reporting to the EU Talent Pool Secretariat any infringement of Article 11(2) by jobseekers from third countries;

Amendment  99

 

Proposal for a regulation

Article 10 – paragraph 2 – point f

 

Text proposed by the Commission

Amendment

(f) providing information to the EU Talent Pool Secretariat on immigration and recognition procedures at national level, 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;

(f) providing information to the EU Talent Pool Secretariat on recruitment, immigration and recognition of qualifications procedures at national level, 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;

Amendment  100

 

Proposal for a regulation

Article 10 – paragraph 2 – point g

 

Text proposed by the Commission

Amendment

(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.

(g) providing information in cooperation with the social partners and, where applicable, organisations which offer post-recruitment assistance, to registered jobseekers from third countries and registered employers participating in the EU Talent Pool in accordance with Article 17, as well as post-recruitment support for those who have been selected for a job.

Amendment  101

 

Proposal for a regulation

Article 10 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The EU Talent Pool National Contact Points shall regularly consult public employment services and national social partners on the implementation of this Regulation.

Amendment  102

 

Proposal for a regulation

Article 10 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

3b. EU Talent Pool National Contact Points shall remain neutral during collective bargaining disputes, such as strikes or lockouts, in accordance with applicable Union and national labour law.

Amendment  103

 

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Jobseekers from third countries may create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

1. Jobseekers from third countries who wish to register on the EU Talent Pool IT Platform shall create their profiles via the Europass profile builder.

Amendment  104

 

Proposal for a regulation

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.

2. Access to registering a profile in the EU talent Pool IT platform shall be limited to natural persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.

Amendment  105

 

Proposal for a regulation

Article 11 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. During the registration process or any subsequent updates, profiles of jobseekers from third countries shall be screened automatically to detect incomplete information, suspicious behaviour patterns or repetitive information.

Amendment  106

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool.

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to registered employers participating in the EU Talent Pool.

Amendment  107

 

Proposal for a regulation

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies.

4. Jobseekers from third countries registered in the EU Talent Pool IT platform may search for job vacancies offered by registered employers from the participating Member States.

Amendment  108

 

Proposal for a regulation

Article 11 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Upon their registration in the EU Talent Pool, jobseekers from third countries shall automatically receive access to the information referred to in Article 17(1) as well as the information on the mechanisms to lodge a complaint in accordance with Article 18.

Amendment  109

 

Proposal for a regulation

Article 12 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.

5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be determined by the Member States in the framework of the Talent Partnership in which they are participating, including provisions on the comparability and recognition of qualifications. The Commission shall publish information on those conditions on the EU Talent Pool IT platform.

Amendment  110

 

Proposal for a regulation

Article 12 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Participating Member States may decide, in the framework of the relevant Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of one year, 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.

deleted

Amendment  111

 

Proposal for a regulation

Article 13 – title

 

Text proposed by the Commission

Amendment

Participation of employers in the EU Talent Pool

Registration and participation of employers in the EU Talent Pool

Amendment  112

 

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Employers interested in participating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform.

1. Employers interested in participating in the EU Talent Pool shall create an EU Talent Pool profile. For the purpose of the recruitment process, the employer may commission a recruiting agency for support. This is without prejudice to the responsibilities of the registered employers as set out in this Regulation. The recruiting agency shall register a profile on the EU Talent Pool IT platform and clearly indicate which employer they are recruiting for.

Amendment  113

 

Proposal for a regulation

Article 13 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. The EU Talent Pool National Contact Points shall, together with the relevant national authorities, as appropriate, carry out checks on the employers and the recruiting agencies within ten working days, before their profile is automatically activated. Such checks shall include administrative or judicial decisions to which they have been subject, pertaining to their national social security contributions, and infringements of Union and national labour law. The checks shall not create any unnecessary administrative burden for registered employers and recruiting agencies. Registered employers and recruiting agencies shall notify the EU Talent Pool National Contact Point without undue delay of any new administrative or judicial decisions in this regard to which they have been subject.

Amendment  114

 

Proposal for a regulation

Article 13 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. Employers may request the EU Talent Pool National Contact Point or the public employment service in the Member State where they are established to transfer their job vacancies to the EU Talent Pool IT platform. Regardless of the transfer of a job vacancy to the EU Talent Pool, registered employers may use other means to fill the vacancy.

Amendment  115

 

Proposal for a regulation

Article 13 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform job vacancies that:

2. The EU Talent Pool National Contact Points shall, as soon as possible and in any case within five working days, transfer to the EU Talent Pool IT platform job vacancies that:

Amendment  116

 

Proposal for a regulation

Article 13 – paragraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for a Talent Partnership;

deleted

Amendment  117

 

Proposal for a regulation

Article 13 – paragraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(b a) include a comprehensive description of the job vacancies as referred to in paragraph 4;

Amendment  118

 

Proposal for a regulation

Article 13 – paragraph 2 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb) comply with the national conditions for the issuance of a single permit for a third-country national and offer adequate remuneration in accordance with national law and practice.

Amendment  119

 

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.

Registered employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice, including applicable collective agreements, to ensure selected third-country nationals’ protection against unfair recruitment, inadequate working conditions and discrimination, including discrimination of persons with disabilities. Participating Member States shall take proportionate measures to ensure that employers participating in the EU Talent Pool comply with relevant national law and practice, and respect workers’ rights, including the freedom of association and affiliation, the right to take industrial action, including the right to strike and the right to negotiate and conclude collective agreements, and the principles and guidelines set out by the International Labour Organisation, including the ILO General Principles and Operational Guidelines on Fair Recruitment, in compliance with Union law. Registered jobseekers from third countries selected through the EU Talent Pool IT Platform shall enjoy equal treatment with respect to nationals of the participating Member States as of the start of their contract in this regard.

Amendment  120

 

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall not charge fees to registered jobseekers from third countries for the purpose of the recruitment.

The use of the EU Talent Pool shall be free of charge to jobseekers from third countries. No direct or indirect charges related to the recruitment shall be charged to jobseekers. The prospective employer shall meet any work related language training and recruitment related expenses. The employer shall not be entitled to recover such fees or related costs from the jobseekers. A clear statement to the effect that no recruitment fees or costs will be charged to jobseekers shall be included in all job vacancies by default.

Amendment  121

 

Proposal for a regulation

Article 13 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Job vacancies of employers participating in the EU Talent Pool shall be visible to registered jobseekers from third countries in the EU Talent Pool IT platform.

4. All job vacancies shall be clearly linked to a registered employer participating in the EU Talent Pool. Job vacancies shall be visible to registered jobseekers from third countries in the EU Talent Pool IT platform. Each job vacancy shall include at least the habitual place of work, the type of work, the sector of activity, qualification requirements, the main tasks, the type and duration of the contract, the initial remuneration or its range, the working hours and working time, any probationary period, the amount of paid leave, parental leave and maternity protection, where such leave or protection exceeds the requirements provided for in national law, the requested language profile and, where applicable other relevant working and employment conditions, such as training entitlements.

Amendment  122

 

Proposal for a regulation

Article 13 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform.

5. Registered employers participating in the EU Talent Pool shall indicate, without undue delay, in the EU Talent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. The profiles of those registered jobseekers and the fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform. Employers may request to withdraw a job vacancy from the EU Talent Pool IT platform at any time.

Amendment  123

 

Proposal for a regulation

Article 13 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

5a. The employer shall provide the selected jobseeker with all the necessary information on their rights and obligations resulting from the employment relationship in a clear and comprehensive way in accordance with Directive (EU) 2019/1152.

Amendment  124

 

Proposal for a regulation

Article 13 – paragraph 6

 

Text proposed by the Commission

Amendment

6. The national authorities responsible for the relevant law and practice in the participating 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).

6. The national authorities responsible for the relevant law and practice in the participating Member States shall immediately inform the EU Talent Pool National Contact Points of any serious infringements of the provisions of the relevant law and practice set out in paragraph 3 for the purposes of Article 10(2), point (e). The EU Talent Pool National Contact Points shall keep a register of any such infringements. In the case of serious infringements, the EU Talent Pool National Contact Point concerned, shall suspend access of registered employers to the EU Talent Pool until the infringements have been remedied or if compensation has been paid in accordance with national law. In the case of infringements of Directive 2009/52/EC or (EU) 2024/1712, access of the registered employer to the EU Talent Pool shall be terminated indefinitely.

Amendment  125

 

Proposal for a regulation

Article 14

 

Text proposed by the Commission

Amendment

Article 14

deleted

List of EU-wide shortage occupations

 

1. For the purpose of this Regulation, a list of EU-wide shortage occupations at the ISCO-08 4-digit level is set out in the Annex.

 

The Commission shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 21 to amend the Annex, in accordance with the following criteria:

 

(a) shortage occupations common to a significant number of participating Member States as notified to the EU Talent Pool Secretariat by the EU Talent Pool National Contact Points pursuant to Article 10(2)(c);

 

(b) occupations which contribute directly to the EU green and digital transitions and which are likely to grow in importance.

 

2. The EU Talent Pool Secretariat shall publish the list of the EU-wide shortage occupations on the EU Talent Pool IT platform.

 

Amendment  126

 

Proposal for a regulation

Article 15

 

Text proposed by the Commission

Amendment

Article 15

deleted

National adjustments to the list of EU-wide shortage occupations

 

1. The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned.

 

The EU Talent Pool National Contact Points of the Member States notifying their participation in the EU Talent Pool pursuant to Article 3 shall notify any additions to or removals from the EU-wide list of shortage occupations at the latest 3 months before joining the EU Talent Pool.

 

The EU Talent Pool National Contact Points of the participating Member States shall notify any additions to or removals from the EU-wide list of shortage occupations within 3 months following the amendments to the Annex.

 

The EU Talent Pool National Contact Points may notify to the EU Talent Pool Secretariat further additions to and removals from the EU-wide list of shortage occupations maximum once a year.

 

2. The EU Talent Pool Secretariat shall publish the adjustments to list of EU-wide shortage occupations notified by the EU Talent Pool Contact Points on the EU Talent Pool IT platform.

 

3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupations taking into account the adjustments referred to in paragraph 1.

 

Amendment  127

 

Proposal for a regulation

Article 16 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform.

1. Registered employers participating in the EU Talent Pool IT platform may search for registered jobseekers from third countries in the EU Talent Pool IT platform.

Amendment  128

 

Proposal for a regulation

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Employers participating in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’.

2. Registered employers participating in the EU Talent Pool may use a specific gender-bias-free filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’, or identify profiles with specific skills, language skills and education level.

Amendment  129

 

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.

3. Registered employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based only on the relevance of their skills, qualifications and work experiences for the job vacancy. The automatic matching tool shall not take into account gender, age, ethnicity, country of origin, or religion when undertaking matching in order to avoid any bias or discrimination.

Amendment  130

 

Proposal for a regulation

Article 16 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Registered jobseekers from third countries may search for job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the automated matching tool.

4. Registered jobseekers from third countries may search for registered employers or job vacancies in the EU Talent Pool independently or access a list of suggested relevant job vacancies generated by the automated matching tool.

Amendment  131

 

Proposal for a regulation

Chapter V – title

 

Text proposed by the Commission

Amendment

V INFORMATION PROVISION, SUPPORT SERVICES AND ACCELERATED IMMIGRATION PROCEDURES

INFORMATION PROVISION, SUPPORT SERVICES, RECOGNITION OF QUALIFICATIONS AND ACCELERATED IMMIGRATION PROCEDURES

Amendment  132

 

Proposal for a regulation

Article 17 – paragraph -1 a (new)

 

Text proposed by the Commission

Amendment

 

-1a. Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and ensure its promotion, including among SMEs. The information shall be clear, comprehensible and accessible, including for persons with disabilities. The information provided on the EU Talent Pool shall be available in at least all the languages of the Union institutions.

Amendment  133

 

Proposal for a regulation

Article 17 – paragraph -1 a (new) – subparagraph 1

 

Text proposed by the Commission

Amendment

 

Recruitment information for a selected jobseeker from a third country shall be provided in a language the person is reasonably expected to understand.

Amendment  134

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – introductory part

 

Text proposed by the Commission

Amendment

The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, shall make available, on the EU Talent Pool IT platform, the following information:

The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points and, where relevant, the social partners, shall make available, on the EU Talent Pool IT platform, the following up-to-date information in a user-friendly format:

Amendment  135

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;

(a) information on fair recruitment and immigration procedures, on residence and work permits, on the recognition of qualifications and validation of skills, on workers' and trade union rights, on rights of third country nationals, including with regard to complaints and legal redress mechanisms, and on relevant organisations providing post-selection assistance and support to third country nationals, on intra-EU labour mobility as well as on living and working conditions in the participating Member States;

Amendment  136

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) clear explanation to jobseekers from third countries that if they 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 Council, their entry into and stay on the territory of all the Member States shall be prohibited.

(b) information concerning the conditions and procedures for registration of jobseekers from third countries in the EU Talent Pool, including clear explanation that if they 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 Council, their entry into and stay on the territory of all the Member States shall be prohibited.

Amendment  137

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) information concerning the conditions and procedures for registration of employers in the EU Talent Pool, including clearly stating that their access to the EU Talent Pool IT platform is to be suspended in accordance with Article 13(6) if they infringe Union or national law or practice in contravention of Article 13(3);

Amendment  138

 

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b b (new)

 

Text proposed by the Commission

Amendment

 

(bb) information clarifying that registered employers shall not charge any fees to registered jobseekers from third countries related to the recruitment;

Amendment  139

 

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

 

Text proposed by the Commission

Amendment

2. Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, and post-selection assistance to registered jobseekers from third countries and employers participating in the EU Talent Pool, in particular with regard to:

2. Upon request from selected jobseekers from third countries or registered employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points shall provide additional support, counselling and post-selection assistance, in particular with regard to:

Amendment  140

 

Proposal for a regulation

Article 17 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18;

(c) specific information on third-country nationals’ rights and obligations including workers’ rights and working conditions, access to social benefits, healthcare, education and training, housing, recognition of skills and qualifications, and the complaint and redress mechanisms pursuant to Article 18;

Amendment  141

 

Proposal for a regulation

Article 17 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) information available at national level to facilitate third-country nationals’ integration in the host Member State such as language courses, vocational training and education as well as other integration measures;

(d) information available at national level to facilitate and encourage third-country nationals’ integration in the host Member State such as certified document translation services, language courses, vocational training and education as well as other integration measures;

Amendment  142

 

Proposal for a regulation

Article 17 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) where available, the contact details of organisations which offer post-recruitment assistance for third country nationals.

(e) where available, the contact details of organisations which offer post-recruitment support and assistance for third country nationals;

Amendment  143

 

Proposal for a regulation

Article 17 – paragraph 2 – point e a (new)

 

Text proposed by the Commission

Amendment

 

(ea) where relevant, specific information on disability related support services and the provision of reasonable accommodation in accordance with Council Directive 2000/78/EC.

Amendment  144

 

Proposal for a regulation

Article 17 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The EU Talent Pool National Contact Points shall offer at least once per year information sessions free of charge for jobseekers selected via the EU Talent Pool.

Amendment  145

 

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market.

3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market, including transnational support networks for mobile workers by social partner organisations.

Amendment  146

 

Proposal for a regulation

Article 18 – title

 

Text proposed by the Commission

Amendment

Facilitation of complaints

Facilitation of complaints and legal redress

Amendment  147

 

Proposal for a regulation

Article 18 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating Member States shall ensure that there are effective mechanisms through which registered jobseekers from third countries may lodge complaints in case of breach by the employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13(3).

1. Participating Member States shall ensure that there are accessible, affordable, effective and timely mechanisms through which registered jobseekers from third countries and workers recruited via the EU Talent Pool or, provided that the jobseekers or workers concerned consent, their representatives or the social partners, may lodge complaints in the case of a breach by the registered employers participating in the EU Talent Pool of the obligations and conditions laid down in Article 13. The complainant shall be protected from any retaliation or any other adverse consequences resulting from a complaint.

Amendment  148

 

Proposal for a regulation

Article 18 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Participating Member States shall make information concerning available redress mechanisms easily accessible.

2. Participating Member States shall make information concerning available complaints and legal redress mechanisms easily accessible.

Amendment  149

 

Proposal for a regulation

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Participating Member States shall ensure registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool have access to equality bodies as established by Directive (EU) 2024/1500 of the European Parliament and of the Council and Council Directive (EU) 2024/1499.

Amendment  150

 

Proposal for a regulation

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Participating Member States may decide to put in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool.

1. Participating Member States may decide, in accordance with national law and practice, to put in place accelerated immigration procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool. Information on these accelerated procedures shall be duly communicated and made available both to registered jobseekers and registered employers.

Amendment  151

 

Proposal for a regulation

Article 19 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) the exemption from the principle of preference for Union citizens for job vacancies transferred to the EU Talent Pool IT platform.

(b) the exemption from the principle of preference for Union citizens for job vacancies transferred to the EU Talent Pool IT platform in areas of shortage occupations identified by the National Contact Points.

Amendment  152

 

Proposal for a regulation

Article 19 a (new)

 

Text proposed by the Commission

Amendment

 

Article 19 a

 

Accelerated recognition of qualifications procedures

 

1. Participating Member States may decide to put in place accelerated recognition of qualifications procedures to allow for a faster recruitment of registered jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool. This may include the validation of skills and qualifications, the formal recognition of foreign professional qualifications in case of regulated professions, or the validation of qualifications acquired in the framework of a Talent Partnership.

 

2. Information on accelerated recognition of qualifications procedures shall be duly communicated and made available both to jobseekers and employers.

Amendment  153

 

Proposal for a regulation

Article 20 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). In particular, data shall be gathered on:

1. The performance of the EU Talent Pool shall be regularly monitored by the EU Talent Pool Secretariat in accordance with Article 8(2), point (e). Data collected shall be gender disaggregated, where applicable. In particular, data shall be gathered on:

Amendment  154

 

Proposal for a regulation

Article 20 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the number and type of profiles of registered employers participating in the EU Talent Pool IT platform;

Amendment  155

 

Proposal for a regulation

Article 20 – paragraph 1 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the number and characteristics of unfilled vacancies by occupation and Member State in the EU Talent Pool IT platform;

Amendment  156

 

Proposal for a regulation

Article 20 – paragraph 1 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) the number of complaints lodged on the EU Talent Pool IT platform, as well as the grounds on which they are based and their characteristics;

Amendment  157

 

Proposal for a regulation

Article 20 – paragraph 1 – point f b (new)

 

Text proposed by the Commission

Amendment

 

(fb) the number of registered jobseekers from third countries suspended from the EU Talent Pool IT platform and their grounds and characteristics.

Amendment  158

 

Proposal for a regulation

Article 20 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group.

3. The EU Talent Pool Secretariat shall gather the data referred to in paragraph 1 with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group on a regular basis. The data shall be made publicly available.

Amendment  159

 

Proposal for a regulation

Article 20 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The EU Talent Pool Secretariat shall keep an up-to-date list of employers whose access to the EU Talent Pool IT platform has been suspended as a result of an infringement of this Regulation, in particular Article 13(3).

Amendment  160

 

Proposal for a regulation

Article 21

 

Text proposed by the Commission

Amendment

Article 21

deleted

Exercise of the delegation

 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such an extension not later than three months before the end of each period.

 

3. The delegation of power referred to in Article 14, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

 

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

6. A delegated act adopted pursuant to Article 14 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

 

Amendment  161

 

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Talent Pool activities and the application of this Regulation. The evaluation shall assess the effectiveness of the Regulation in addressing skills shortages in participating Member States and the effectiveness of the recruitment process, including in terms of ensuring fair recruitment practices, and the respect of fair and equitable working conditions. It shall also assess the impact of recruiting jobseekers from third countries through the EU Talent Pool on domestic workers and national labour markets. The report shall also analyse migration patterns resulting from the EU Talent Pool. The Commission shall propose amendments, where appropriate.

Amendment  162

 

Proposal for a regulation

Annex I

 

Text proposed by the Commission

Amendment

[...]

deleted

 

 

 


ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur for the opinion received input from the following entities or persons in the preparation of the opinion, prior to the adoption thereof in committee:

Entity and/or person

ETUC – European Trade Union Confederation

FH – Fagbevægelsens Hovedorganisation

3F - Faglig Frelles Forbund

FNV - Central Workers Union

DGB - Deutscher Gewerkschaftsbund

BDA - Die Arbeitgeber

Picum

ILO - International Labour Organisation

DA - Danish_Employers Organisation

ETF - European Transport Workers' Federation

IndustriALL

 

The list above is drawn up under the exclusive responsibility of the rapporteur.

 


 

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing an EU talent pool

References

COM(2023)0716 – C9-0413/2023 – 2023/0404(COD)

Committee(s) responsible

LIBE

 

 

 

Opinion by

 Date announced in plenary

EMPL

8.2.2024

Rapporteur for the opinion

 Date appointed

Marianne Vind

21.11.2024

Discussed in committee

12.12.2024

28.1.2025

 

 

Date adopted

19.2.2025

 

 

 

Result of final vote

+:

–:

0:

39

12

1

Members present for the final vote

Maravillas Abadía Jover, Marc Angel, Pascal Arimont, Konstantinos Arvanitis, Gabriele Bischoff, Vilija Blinkevičiūtė, Andrzej Buła, David Casa, Estelle Ceulemans, Per Clausen, Henrik Dahl, Marie Dauchy, Mélanie Disdier, Chiara Gemma, Niels Geuking, Isilda Gomes, Alicia Homs Ginel, Irena Joveva, Martine Kemp, Katrin Langensiepen, Miriam Lexmann, Marit Maij, Marlena Maląg, Jagna Marczułajtis-Walczak, Eleonora Meleti, Idoia Mendia, Maria Ohisalo, João Oliveira, Branislav Ondruš, Aodhán Ó Ríordáin, Dennis Radtke, Nela Riehl, Liesbet Sommen, Villy Søvndal, Romana Tomc, Raffaele Topo, Francesco Torselli, Brigitte van den Berg, Marie-Pierre Vedrenne, Marianne Vind, Mariateresa Vivaldini, Jan-Peter Warnke, Séverine Werbrouck

Substitutes present for the final vote

Vivien Costanzo, Valérie Devaux, Rosa Estaràs Ferragut, Kathleen Funchion, Estrella Galán, Lara Magoni, Hristo Petrov, Andrea Wechsler

Members under Rule 216(7) present for the final vote

Virgil-Daniel Popescu

 


FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

39

+

NI

Branislav Ondruš, Jan-Peter Warnke

PPE

Maravillas Abadía Jover, Pascal Arimont, Andrzej Buła, David Casa, Henrik Dahl, Rosa Estaràs Ferragut, Niels Geuking, Martine Kemp, Miriam Lexmann, Jagna Marczułajtis-Walczak, Eleonora Meleti, Virgil-Daniel Popescu, Dennis Radtke, Liesbet Sommen, Romana Tomc, Andrea Wechsler

Renew

Valérie Devaux, Irena Joveva, Hristo Petrov, Brigitte van den Berg, Marie-Pierre Vedrenne

S&D

Marc Angel, Gabriele Bischoff, Vilija Blinkevičiūtė, Estelle Ceulemans, Vivien Costanzo, Isilda Gomes, Alicia Homs Ginel, Marit Maij, Idoia Mendia, Aodhán Ó Ríordáin, Raffaele Topo, Marianne Vind

Verts/ALE

Katrin Langensiepen, Maria Ohisalo, Nela Riehl, Villy Søvndal

 

12

-

ECR

Chiara Gemma, Lara Magoni, Marlena Maląg, Francesco Torselli, Mariateresa Vivaldini

PfE

Marie Dauchy, Mélanie Disdier, Séverine Werbrouck

The Left

Konstantinos Arvanitis, Kathleen Funchion, Estrella Galán, João Oliveira

 

1

0

The Left

Per Clausen

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 


OPINION OF THE COMMITTEE ON CULTURE AND EDUCATION (19.2.2025)

for the Committee on Civil Liberties, Justice and Home Affairs

on the proposal for a regulation of the European Parliament and of the Council Establishing an EU Talent Pool

(COM(2023)0716 – C9‑0413/2023 – 2023/0404(COD))

Rapporteur for opinion: Nela Riehl 

 

SHORT JUSTIFICATION

On 15 November 2023, the European Commission published a proposal for a Regulation of the European Parliament and of the Council ‘Establishing an EU Talent Pool', which introduces a regulatory framework for the creation of an EU-wide platform aimed at facilitating international recruitment and providing opportunities for jobseekers from third countries that are interested in working in occupations for which there are EU-wide shortages. This is an important Regulation to promote regular pathways for migration and to complement EU strategies to tackle skills’ shortages in the EU, with the European Year of Skills at the forefront.

 

The EU Talent Pool IT platform will be a voluntary tool for interested Member States and it must be available for low, medium, and highly skilled job seekers in third countries. It will integrate specific tools to facilitate the matching between job seekers and employers.

 

Overall, the Rapporteur welcomes the European Commission’s proposal. However, given the importance of this topic, he introduces amendments with the overall goal of improving the recognition and validation of skills, improving the privacy of jobseekers and promoting gender balance.

 

More specifically, the Rapporteur stresses the need for measures that protect personal data throughout the process, to prevent discrimination and any form of retaliation, particularly in the search and match phase. The principle of non-discrimination based on identity, gender, age, nationality or country of origin must apply.

 

He also introduces proposals for the recognition and validation of skills from formal, non-formal, and informal learning, and qualifications such as degrees, vocational education, and other certificates such as the so-called “micro-credentials”. He also highlights the need for upskilling and reskilling training modules, mentioning that they should be accessible to those jobseekers who register or intend to register in the Talent Pool. The Rapporteur also considers that jobseekers from third countries must be given full access to social protection and workers’ rights. There should also be a strong emphasis on strategies to prevent brain drain from the third countries.

 

Furthermore, particular attention should be given to the promotion of gender balance, notably in STEM occupations.

 

In addition, the Rapporteur proposes to foresee pathways for people in need of international protection and people from disadvantaged backgrounds to leverage their skills, qualifications, and motivation, while addressing the skills and labour shortages in the Union.

 

Finally, the Rapporteur wants to stress the importance of safeguarding privacy and respect of the EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country nationals.

 

 

 

 

AMENDMENTS

The Committee on Culture and Education submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment  1

 

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, 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 expected to persist and potentially aggravate in the light of demographic challenges.

(1) The Union and individual Member States are facing shortages in a wide range of sectors and occupations, including in those relevant for the green and digital transitions. Extensive shortages in construction, healthcare, hospitality, transport, information and communications technology, in science technology, engineering, mathematics, education, and agriculture, are long-standing and have been exacerbated by the COVID-19 pandemic and the acceleration of the green and digital transitions. Labour shortages are expected to persist and potentially aggravate in the light of demographic challenges.

Amendment  2

 

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Due to the current scale of the labour market shortages and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition.

(2) Addressing labour shortages requires a comprehensive approach at Union and national level which includes, as a priority, better realising the full potential of groups with lower labour market participation, reskilling and upskilling the existing workforce in accordance with the objectives of the European Year of Skills, facilitating intra-EU labour mobility, as well as improving working conditions and the attractiveness of certain occupations. Moreover, upskilling and reskilling training modules within the Talent Partnerships or in view of entering the Talent Pool shall be designed taking into consideration full access to social protection and workers’ rights, as well as strategies to prevent brain drain from third countries. Furthermore, particular attention should be given to the promotion of gender balance notably in study or training programmes related to STEM areas. Due to the current scale of the labour market shortages, the changing nature of qualifications and competences required and the demographic trends, measures targeting the domestic and Union workforce alone are likely to be insufficient to address existing and future labour and skills shortages. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition.

Amendment  3

 

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers established in the participating Member States.

(3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, an EU Talent Pool should be established in the form of a Union-wide platform that brings together and supports the matching of profiles of registered jobseekers from third countries residing outside the Union and third-country nationals studying in the Union, and job vacancies of employers established in the participating Member States.

Amendment  4

 

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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 to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this 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. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets.

(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 to complement the domestic workforce and intra-EU mobility. 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 Member States’ specific needs and initiatives should be taken into account in the development of the EU Talent Pool in order to ensure the widest participation possible. Hence, ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets. The concept of ‘Talent’ should also take into account trends related to future needs in term of qualifications and competences such as the transformational effects of technology (automation, AI, robotics) and the digital and green transformation.

Amendment  5

 

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.

(6) The EU Talent Pool aims at providing services to employers that are established in the participating Member States, especially to support small- and medium-sized enterprises (SMEs) and start-ups, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention 181 from 1997.

Amendment  6

 

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(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.

(8) In order to ensure that Member States’ authorities are adequately represented in the EU Talent Pool Steering Group, participating Member States, in coordination, where relevant, with administrative authorities at the appropriate level, should appoint three representatives each, one from the employment authorities, one from the immigration authorities, and one from the education and training authorities. Furthermore, representatives from the European Centre for the Development of Vocational Training (CEDEFOP), the European Training Foundation (ETF), International Organisation for Migration (IOM), and an EU level agency working on integration should be included in the panel. Social partners in vocational education and training at Union level should also appoint two participants from trade unions and two participants from employer organisations to participate in the Steering Group.

Amendment  7

 

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(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 ‘EU Talent Partnership pass’.

(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 ‘EU Talent Partnership pass’. The EU Talent Pool IT platform should create synergies between the educational, migration and employment authorities.

Amendment  8

 

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(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.

(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. The EU Talent Pool IT should include information about degrees and certification needed by the participating Member States.

Amendment  9

 

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(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. 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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform.

(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. 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 tables should be made available to the Commission and should be used for automatic transcoding of information on job vacancies or jobseekers’ profiles for the purpose of automated matching through the common IT platform. Degrees, vocational education, volunteering, work experiences, certification of skills and competences gained in non-formal learning or specific certificates such as micro-credentials should also be taken into account in the matching process. Moreover, relevant authorities should adequately provide the opportunities for job seekers and workers engaged in the platform to learn at least one of the official languages of the Union or of the Member State.

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8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

8 Regulation (EU) 2016/589 of the European Parliament and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' access to mobility services and the further integration of labour markets and amending Regulations (EU) No 492/2011 and (EU) No 1296/2013 (OJ L 107, 22.4.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/589/oj).

Amendment  10

 

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12) Tasks should be assigned to the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points to ensure the search and matching functions of the EU Talent Pool IT platform. These tasks should be considered as tasks carried out in the public interest for the performance of which it is necessary to process personal data, as referred to in Article 5(1), point (a) of Regulation (EU) 2018/17259 , and Article 6(1), point (e) of Regulation (EU) 2016/67910 , respectively. The processing of personal data, it should be carried out in compliance with Article 8 of the Charter of Fundamental Rights of the European Union, and Regulations (EU) 2018/1725 and (EU) 2016/679 of the European Parliament and of the Council.

(12) Tasks should be assigned to the EU Talent Pool Secretariat and the EU Talent Pool National Contact Points to ensure the search and matching functions of the EU Talent Pool IT platform. These tasks should be considered as tasks carried out in the public interest for the performance of which it is necessary to process personal data, as referred to in Article 5(1), point (a) of Regulation (EU) 2018/17259 , and Article 6(1), point (e) of Regulation (EU) 2016/67910, respectively. The processing of personal data, including the right to privacy and, where appropriate, to anonymity in the Europass format or similar common EU tool, should be carried out in compliance with Article 8 of the Charter of Fundamental Rights of the European Union, and Regulations (EU) 2018/1725 and (EU) 2016/679 of the European Parliament and of the Council.

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9 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).

9 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).

10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

10 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).

Amendment  11

 

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) 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. 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 two years should be automatically removed. 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.

(14) 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. Without prejudice to the right to choose, the Europass format or similar common EU tool, should be neutral and default options regarding personal data should exclude the sharing of name, surname, gender, age, country of origin, address and nationality. 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 two years should be automatically removed. 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.

Amendment  12

 

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(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. 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. Information should also be provided on the consequences for making a false declaration in this respect.

(16) The EU Talent Pool should contribute to the objective of recognising and redressing the shortage of talents and qualifications and 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. 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. Information should also be provided on the consequences for making a false declaration in this respect.

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11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

11 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).

Amendment  13

 

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should 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.

(17) Jobseekers from third countries wishing to register in the EU Talent Pool should create a profile using the Europass12 profile builder functionality enabling to create a free profile and report the relevant skills, degrees, vocational education, certification of skills and competences gained in non-formal learning or work experiences or specific certificates such as micro-credentials and other experiences in one secure online location. To enhance the effectiveness of this process, it is essential to promote awareness among jobseekers about a simplified Europass format or similar common EU tools.

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12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

12 Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI: http://data.europa.eu/eli/dec/2018/646/oj).

Amendment  14

 

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) Where necessary, the recognition of qualifications and validation of skills of registered jobseekers from third countries should be conducted in the participating Member States upon request of the jobseeker or the 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.

(18) Where necessary, the recognition and validation of skills from formal, non-formal learning, and work experiences, and 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 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. In the absence of a national recognition procedure, the pool should rely on common standards for the recognition of qualifications based on the UNESCO and Council of Europe Convention on the Recognition of Qualifications concerning Higher Education in the European Region (the Lisbon Recognition Convention) and drawn up in cooperation with the European Network of Information Centres in the European Region (ENIC) and the National Academic Recognition Information Centres in the European Union (NARIC) Network, the European Qualifications Framework Advisory Group (EQF AG), CEDEFOP and ETF. The EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country national should be applied.

Amendment  15

 

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In the context of Talent Partnerships, 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 should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

(19) In the context of Talent Partnerships, nationals of selected third countries receive support for the development and validation of skills, degrees, vocational education, certification of skills, competences gained in non-formal learning and work experiences or specific certificates, such as micro-credentials, in a framework endorsed by Member States taking part in a Talent Partnership and partner countries. Therefore, the skills and education gained in formal and non-formal learning or through work experiences developed or validated in the framework of a Talent Partnership should be certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU Talent Pool. Employers participating in the EU Talent Pool should be able to filter the profiles of registered jobseekers from third countries as to visualise those having obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a job placement in the Union. Member States, in the framework of a Talent Partnership, should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for the purpose of the EU Talent Pool, including whether a partner country’s national authority, an international organisation or other stakeholder should support its deliver. The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and national rules on access to regulated professions.

Amendment  16

 

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) 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 working conditions, minimum wages, access to social protection, training, and protection of youth people at work. In accordance with those principles, the EU Talent Pool should ensure quality employment.

(22) 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 working conditions, minimum wages, access to social protection and inclusion, training, lifelong learning opportunities, and protection of young people at work. In accordance with these principles, the EU Talent Pool should ensure quality employment, with equal pay for equal qualification, talent and work and respect for gender equality.

Amendment  17

 

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(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.

(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 and qualifications, degrees, vocational education, certification of skills and competences gained in non-formal learning and work experiences or specific certificates such as micro-credentials - and work experiences for the job vacancy; profiles should not be based on personal data, namely name, surname, gender, age, address, country of origin and nationality. The list is generated by the automated matching tool of the EU Talent Pool IT platform.

Amendment  18

 

Proposal for a regulation

Recital 25 a (new)

 

Text proposed by the Commission

Amendment

 

(25a) The EU Talent Pool should facilitate access to people with the required qualifications and competences who are vulnerable to exclusion such as women, persons with disabilities or from minorities.

Amendment  19

 

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool.

(26) Participating Member States should make information concerning the EU Talent Pool and its functioning easily accessible to jobseekers from third countries and employers, especially SMEs, and start-ups in particular with regard to information on the competent authorities in the participating Member States. Such information should include the conditions and procedures for the participation in the EU Talent Pool. National authorities should enhance their capacity to simplify and expedite the recognition of qualifications and competences and provide relevant support and information to third-country nationals and recognition authorities.

Amendment  20

 

Proposal for a regulation

Recital 26 a (new)

 

Text proposed by the Commission

Amendment

 

(26a) Cooperation with third countries, education authorities and providers can facilitate the exchange of information and the recognition and validation of qualifications.

Amendment  21

 

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, recognition of qualifications and validation of skills, third country nationals’ rights, 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 include specific information campaigns, support to obtain a travel document, and integration support upon arrival.

(27) The EU Talent Pool Secretariat should ensure that easily accessible information on immigration procedures, the recognition and validation of degrees and other qualifications, vocational education skills and competences from non-formal learning and work experiences or specific certificates such as micro-credentials, third country nationals’ rights, living and working conditions as well as available redress mechanisms, in cooperation with social partners, 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 include specific information campaigns, even in third country languages, support to obtain a travel document, and integration support upon arrival, translations or other forms of support to facilitate access to the applications.

Amendment  22

 

Proposal for a regulation

Recital 27 a (new)

 

Text proposed by the Commission

Amendment

 

(27a) When monitoring the EU Talent Pool, the EU Talent Pool Secretariat should take into account the input of relevant civil society organisations and social partners in both participating EU Member States and third countries.

Amendment  23

 

Proposal for a regulation

Recital 27 b (new)

 

Text proposed by the Commission

Amendment

 

(27b) People in need of international protection constitute a largely underused pool of possible talent and competences that could respond to the employers’ needs. The procedure shall ensure that the sharing of contact details is not used for possible misuse by third countries. The EU Talent pool should also foresee pathways to leverage the skills, qualifications, and motivation of people in need of international protection and people from disadvantaged backgrounds, while addressing the skills and labour shortages in the Union. Distinction should be made between addressing the EU's shortages on one hand, and assistance to refugees, asylum seekers and migrants on the other hand. The EU Talent Pool should contribute to ensure a fair, inclusive labour market across EU Member States, with equal opportunities and rights for all. In addition, the EU Talent Pool should contribute to address undeclared work and labour exploitation and abuse.

Amendment  24

 

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

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

(28) Information provided on the EU Talent Pool IT platform should be made available at least in all the official languages in the participating Member States and, when possible, in other relevant languages for non EU-nationals.

Amendment  25

 

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points could provide additional support. Additional support should 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 such as access to social benefits, health assistance, education, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training. Such information should also include available 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 and health insurance.

(30) Upon request from registered jobseekers from third countries and employers participating in the EU Talent Pool, the EU Talent Pool National Contact Points should provide additional support. Additional support should 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 such as access to social benefits, health assistance, education and training opportunities, and housing. Specific guidance and information may also be provided on family reunification procedures and family members’ rights, and existing measures to facilitate integration in the host Member State such as language courses and vocational training, with a particular focus on the gender dimension and people coming from a disadvantaged background. Such information should also include available redress mechanisms for cases of labour exploitation and unfair recruitment practices in the participating Member States, with an effective involvement of the relevant social partners. 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 and health insurance.

Amendment  26

 

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(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, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. 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.

(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 third country students residing in the Union and jobseekers from a third country residing outside the Union easier and faster for employers, participating Member States may put in place accelerated immigration procedures in particular as regards the obtention of visas and residence permits for work purposes and the exemption from the principle of preference for Union citizens. 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.

Amendment  27

 

Proposal for a regulation

Article 1 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries and employers;

(c) the conditions and procedures for the participation in the EU Talent Pool of jobseekers from third countries, third country nationals studying in the Union and employers;

Amendment  28

 

Proposal for a regulation

Article 1 – paragraph 2 – point d

 

Text proposed by the Commission

Amendment

(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership.

(d) the facilitation of recruitment of jobseekers from third countries benefitting from a Talent Partnership, with particular attention to the gender dimension, notably in study or training programmes related to STEM areas.

Amendment  29

 

Proposal for a regulation

Article 2 – paragraph 1

 

Text proposed by the Commission

Amendment

1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.

1. This Regulation applies to jobseekers from third countries residing outside the Union, third country nationals studying in the Union and employers established in the participating Member States.

Amendment  30

 

Proposal for a regulation

Article 4 – paragraph 1 – point -1 (new)

 

Text proposed by the Commission

Amendment

 

(-1) ‘Talent Pool’ means an inclusive tool targeting highly, medium and low skilled profiles from third countries. The Talent Pool shall cover the sectors for low, medium and highly skilled talents , including in small and medium-sized enterprises and start-ups;

Amendment  31

 

Proposal for a regulation

Article 4 – paragraph 1 – point 2

 

Text proposed by the Commission

Amendment

(2) ‘jobseeker from a third country’ means a person residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU and is seeking employment in the Union;

(2) ‘jobseeker from a third country’ means a person, residing outside the Union who is not a citizen of the Union within the meaning of Article 20(1) TFEU, taking into account the situation of third country national students, or researchers, and is seeking employment in the Union; the above mentioned groups should be allowed to participate without returning to their country of origin;

Amendment  32

 

Proposal for a regulation

Article 4 – paragraph 1 – point 2 a (new)

 

Text proposed by the Commission

Amendment

 

(2a) 'Third country national student or researcher in the Union' means a person residing in the Union with a student or research visa, who is not a citizen of the Union within the meaning of Article 20(1);

Amendment  33

Proposal for a regulation

Article 5 – paragraph 2 – point f a (new)

 

Text proposed by the Commission

Amendment

 

(fa) Introduce a Cultural Ambassadors Programme that engages individuals from third countries, who have successfully integrated into the EU workforce, to share their experiences and encourage others to consider the EU as a destination of employment;

Amendment  34

 

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

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. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.

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, degrees, vocational education, knowledge of languages, volunteering or work experiences, certification of skills and competencies acquired in non-formal learning, or specific certificates such as micro-credentials. Job vacancies of employers participating in the EU Talent Pool shall include the name, surname and contact details.

Amendment  35

 

Proposal for a regulation

Article 6 – paragraph 7

 

Text proposed by the Commission

Amendment

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

7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from third countries and job vacancies of employers participating in the EU Talent Pool available for searches and matching on the EU Talent Pool IT platform. During the matching process, the IT platform shall provide a neutral Europass format or similar common EU tool which excludes personal data such as name, surname, gender, age, country of origin, nationality and address. Searches and matches through the IT platform shall not result in any form of discrimination or bias.

Amendment  36

 

Proposal for a regulation

Article 6 – paragraph 9

 

Text proposed by the Commission

Amendment

9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

9. The Commission shall adopt, by means of implementing acts, further provisions on the personal data to be processed and included in the job vacancies and jobseekers’ profiles formats, responsibilities of data controllers, including rules governing the possible use of a data processor or processors, as well as on the conditions for accessing personal data and the option available to registered jobseekers to restrict the access to their personal data on the EU Talent Pool IT platform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3) in line with the neutral Europass format or a similar common EU tool excluding personal data such as name, surname, gender, age, country of origin, nationality and address.

Amendment  37

Proposal for a regulation

Article 8 – paragraph 2 – point e

 

Text proposed by the Commission

Amendment

(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20;

(e) collecting relevant data for monitoring the performance of the EU Talent Pool pursuant to Article 20, including, if necessary, consultations with relevant civil society organisations;

Amendment  38

 

Proposal for a regulation

Article 9 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) providing support to the EU Talent Pool Secretariat in the planning and coordination of the activities of the EU Talent Pool;

(b) providing support to the EU Talent Pool Secretariat in the planning and coordination of the activities of the EU Talent Pool, including facilitating exchanges and synergies with intra-EU education and labour mobility authorities;

Amendment  39

 

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool may participate in the meetings of the EU Talent Pool Steering Group as observers.

2. Only participating Member States shall be members of the EU Talent Pool Steering Group. Member States not participating in the EU Talent Pool and, when appropriate, education and certification authority representatives from third countries of origin may participate in the meetings of the EU Talent Pool Steering Group as observers.

Amendment  40

 

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of two participants from trade union and two participants from employer organisations shall be ensured by 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.

4. Representatives of the cross-industry social partners organisations at Union level shall have the right to participate as observers in the meetings of the EU Talent Pool Steering Group. Representation of at least two participants from trade union and two participants from employer organisations shall be ensured by the EU Talent Pool Steering Group. Furthermore, the group shall include, as observers, one representative from the educational institutions at Union level, one from CEDEFOP, one from the ETF and one from the EU authority in charge of integration. Other civil society organisations with relevant expertise in education and training fields may be invited to participate. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.

Amendment  41

 

Proposal for a regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Each participating Member State shall designate an EU Talent Pool National Contact Point. Participating Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points.

1. Each participating Member State shall designate EU Talent Pool National Contact Points. Participating Member States shall ensure that relevant authorities from the field of employment, immigration, and education and training are appointed as the EU Talent Pool National Contact Points, where appropriate, in coordination with other competent authorities.

Amendment  42

 

Proposal for a regulation

Article 10 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool;

(b) transferring job vacancies to the EU Talent Pool IT platform through the single coordinated channel and facilitating the matching between registered jobseekers from third countries and employers participating in the EU Talent Pool, using simple procedures;

Amendment  43

 

Proposal for a regulation

Article 11 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Jobseekers from third countries may create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

1. Jobseekers from third countries may create their profiles via a simplified version of the Europass or another common EU tool in order to register on the EU Talent Pool IT platform.

Amendment  44

 

Proposal for a regulation

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC.

2. Access to registering a profile in the EU talent Pool IT platform shall be limited to persons who expressly declare not to be subject to a judicial or administrative decision refusing the entry or stay in a Member State in accordance with its national law or an entry ban to the territory of the Union in accordance with Directive 2008/115/EC. Authorities shall ensure a process to verify the qualifications and competences provided.

Amendment  45

 

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool.

3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be visible to employers participating in the EU Talent Pool. The matching phase through the neutral Europass format or similar common EU tool shall not disclose personal data of jobseekers such as name, surname, gender, age, country of origin, nationality and address.

Amendment  46

 

Proposal for a regulation

Article 11 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. The procedure shall ensure that the sharing of qualifications and certification details is not used for possible misuse by third countries.

Amendment  47

 

Proposal for a regulation

Article 12 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) the qualification acquired and the skills of the third country national which have been validated in the context of the Talent Partnership, including skills and competencies relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;

(b) the qualification acquired and the skills of the third country national which have been validated in the context of the Talent Partnership, including skills and competencies gained in non-formal learning or as part of work experiences, and specific certificates such as micro-credentials relating to a specific occupation, language skills, or competencies facilitating their integration in one or more Member States;

Amendment  48

 

Proposal for a regulation

Article 12 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission shall, by means of implementing acts, adopt templates for the format of the ‘EU Talent Partnership pass’. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

4. The Commission shall, by means of implementing acts, adopt templates for the format of the ‘EU Talent Partnership pass’. These implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2). The EC Recommendation C(2023)7700 final of 15 November 2023 on the recognition of qualifications of third-country national shall apply.

Amendment  49

 

Proposal for a regulation

Article 12 – paragraph 6

 

Text proposed by the Commission

Amendment

6. Participating Member States may decide, in the framework of the relevant Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of one year, 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.

6. Participating Member States may decide, in the framework of the relevant Talent Partnership, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of one year, to employers established in one or more Member States taking part in that same Talent Partnership on the understanding that the registered jobseekers receive concrete offers, including, education and training modules in the Member States concerned. The EU Talent Pool Secretariat shall publish information on the application of this paragraph on the EU Talent Pool IT platform.

Amendment  50

 

Proposal for a regulation

Article 13 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. Employers shall be encouraged to allocate resources for language training programs for jobseekers, fostering cultural understanding and promoting inclusiveness.

Amendment  51

 

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.

Employers participating in the EU Talent Pool shall comply with the relevant Union and national law and practice to ensure third-country nationals’ protection against unfair recruitment and inadequate working conditions as well as non-discrimination and gender equality. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices, collective agreements and the principles and guidelines set out by the International Labour Organisation, in compliance with Union law.

Amendment  52

 

Proposal for a regulation

Article 13 – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

6a. The Commission shall support Member States to ensure that the EU Talent Pool and the matching of qualifications and competences provide the conditions for equal treatment, decent work conditions, labour and trade union rights as well as access to healthcare services.

Amendment  53

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills, qualifications and work experiences for the job vacancy.

Employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the automatic matching tool and based on the relevance of their skills and competences, formal, non-formal and informal qualifications, vocational education, degrees or specific certificates (“micro-credentials”) and work experiences for the job vacancy.

Amendment  54

Proposal for a regulation

Article 16 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Encourage increased awareness among universities regarding the EU Talent Pool, emphasising the potential for researchers and students who are third country nationals to apply.

Amendment  55

Proposal for a regulation

Article 16 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

4b. Ensure that individuals who have participated in Erasmus+ mobility programmes receive favourable consideration in the matching process by recognising qualifications obtained through Erasmus+ programmes as valuable assets within the EU Talent Pool.

Amendment  56

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible.

Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible and shall ensure its promotion.

Amendment  57

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a

 

Text proposed by the Commission

Amendment

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills, rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;

(a) information concerning recruitment and immigration procedures, recognition of qualifications and validation of skills and competences, vocational education, degrees or specific certificates (“micro-credentials”), rights of third country nationals, including with regard to available redress mechanisms as well as information on living and working conditions in the participating Member States;

Amendment  58

Proposal for a regulation

Article 17 – paragraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, housing, recognition of qualifications and the complaint mechanism pursuant to Article 18;

(c) specific information on third-country nationals’ rights and obligations including access to social benefits, health assistance, education, training,housing, recognition of qualifications, certification of non-formal and informal learning, vocational education, degrees or specific certificates (“micro-credentials”) and the complaint mechanism pursuant to Article 18;

Amendment  59

Proposal for a regulation

Article 17 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market.

3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for information, guidance and support to other national competent authorities and, if applicable, other appropriate bodies at national level supporting the integration of third country nationals on the labour market and establish follow-up mechanisms to monitor whether the assistance required by the jobseeker or employer was provided in a satisfactory manner.

Amendment  60

Proposal for a regulation

Article 20 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics.

2. The EU Talent Pool Secretariat shall set up the data collection according to the statistical concepts and definitions and exchange information and data with the Commission for the purpose of quality of data collected under this Regulation and the production and quality of European statistics giving especial attention to disaggregated data by categories such as gender, disability and age.

Amendment  61

Proposal for a regulation

Article 20 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. A report of the performance and a summary of aggregated data of the EU Talent Pool should be made publicly available on a regular basis.

Amendment  62

Proposal for a regulation

Article 23 – paragraph 1

 

Text proposed by the Commission

Amendment

1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.

1. By 31.12.2030 and every five years thereafter, the Commission shall submit a report to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the application of this Regulation.


 

 

ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur for the opinion declares under her exclusive responsibility that she did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

 


 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Establishing an EU talent pool

References

COM(2023)0716 – C9-0413/2023 – 2023/0404(COD)

Committee(s) responsible

LIBE

 

 

 

Opinion by

 Date announced in plenary

CULT

8.2.2024

Rapporteur for the opinion

 Date appointed

Nela Riehl

3.12.2024

Date adopted

19.2.2025

 

 

 

Result of final vote

+:

–:

0:

22

5

0

Members present for the final vote

Nikolaos Anadiotis, Laurence Farreng, Mario Furore, Sunčana Glavak, Lara Magoni, Eleonora Meleti, Nikos Pappas, Hristo Petrov, Giusi Princi, Emma Rafowicz, Sabrina Repp, Diana Riba i Giner, Nela Riehl, Manuela Ripa, Sandro Ruotolo, Joanna Scheuring-Wielgus, Malika Sorel, Marco Squarta, Zala Tomašič, Bogdan Andrzej Zdrojewski

Substitutes present for the final vote

Maria Guzenina, Nikola Minchev, Nikos Papandreou, Hélder Sousa Silva, Sabine Verheyen

Members under Rule 216(7) present for the final vote

Anja Arndt, Pascale Piera

 


 

 

FINAL VOTE BY ROLL CALL BY THE COMMITTEE ASKED FOR OPINION

22

+

NI

Nikolaos Anadiotis

PPE

Sunčana Glavak, Eleonora Meleti, Giusi Princi, Manuela Ripa, Hélder Sousa Silva, Zala Tomašič, Sabine Verheyen, Bogdan Andrzej Zdrojewski

Renew

Laurence Farreng, Nikola Minchev, Hristo Petrov

S&D

Maria Guzenina, Nikos Papandreou, Emma Rafowicz, Sabrina Repp, Sandro Ruotolo, Joanna Scheuring-Wielgus

The Left

Mario Furore, Nikos Pappas

Verts/ALE

Diana Riba i Giner, Nela Riehl

 

5

-

ECR

Lara Magoni, Marco Squarta

ESN

Anja Arndt

PfE

Pascale Piera, Malika Sorel

 

0

0

 

 

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 


 


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Establishing an EU talent pool

References

COM(2023)0716 – C9-0413/2023 – 2023/0404(COD)

Date submitted to Parliament

16.11.2023

 

 

 

Committee(s) responsible

LIBE

 

 

 

Committees asked for opinions

 Date announced in plenary

DEVE

8.2.2024

EMPL

8.2.2024

CULT

8.2.2024

 

Rapporteurs

 Date appointed

Abir Al-Sahlani

30.9.2024

 

 

 

Discussed in committee

3.12.2024

16.1.2025

 

 

Date adopted

19.3.2025

 

 

 

Result of final vote

+:

–:

0:

46

25

2

Members present for the final vote

Magdalena Adamowicz, Giuseppe Antoci, Francisco Assis, Malik Azmani, Pernando Barrena Arza, Nikola Bartůšek, Ioan-Rareş Bogdan, Krzysztof Brejza, Saskia Bricmont, Jorge Buxadé Villalba, Jaroslav Bžoch, Damien Carême, Susanna Ceccardi, Caterina Chinnici, Veronika Cifrová Ostrihoňová, Alessandro Ciriani, Lena Düpont, Marieke Ehlers, Estrella Galán, Raquel García Hermida-Van Der Walle, Branko Grims, Paolo Inselvini, Irena Joveva, Erik Kaliňák, Marina Kaljurand, Mariusz Kamiński, Fabienne Keller, Mary Khan, Moritz Körner, Alice Kuhnke, Fabrice Leggeri, Jeroen Lenaers, Juan Fernando López Aguilar, Michael McNamara, Ana Catarina Mendes, Verena Mertens, Ana Miguel Pedro, Emil Radev, Chloé Ridel, Birgit Sippel, Krzysztof Śmiszek, Petra Steger, Cecilia Strada, Tineke Strik, Georgiana Teodorescu, Alice Teodorescu Måwe, Milan Uhrík, Tom Vandendriessche, Kristian Vigenin, Elissavet Vozemberg-Vrionidi, Charlie Weimers, Sophie Wilmès, Isabel Wiseler-Lima, Alessandro Zan, Javier Zarzalejos, Tomáš Zdechovský

Substitutes present for the final vote

Konstantinos Arvanitis, David Casa, Javier Moreno Sánchez, Karlo Ressler, Sandro Ruotolo, Nacho Sánchez Amor, Anna Strolenberg, Pekka Toveri, Sebastian Tynkkynen, Roberto Vannacci, Petar Volgin, Maciej Wąsik, Lucia Yar

Members under Rule 216(7) present for the final vote

Hildegard Bentele, Sebastião Bugalho, Dick Erixon, Pär Holmgren

Date tabled

26.3.2025

 


FINAL VOTE BY ROLL CALL BY THE COMMITTEE RESPONSIBLE

46

+

PPE

Magdalena Adamowicz, Hildegard Bentele, Ioan-Rareş Bogdan, Krzysztof Brejza, Sebastião Bugalho, David Casa, Caterina Chinnici, Lena Düpont, Branko Grims, Jeroen Lenaers, Verena Mertens, Ana Miguel Pedro, Emil Radev, Karlo Ressler, Pekka Toveri, Elissavet Vozemberg-Vrionidi, Isabel Wiseler-Lima, Javier Zarzalejos, Tomáš Zdechovský

Renew

Malik Azmani, Veronika Cifrová Ostrihoňová, Raquel García Hermida-Van Der Walle, Irena Joveva, Fabienne Keller, Moritz Körner, Michael McNamara, Sophie Wilmès, Lucia Yar

S&D

Francisco Assis, Marina Kaljurand, Juan Fernando López Aguilar, Ana Catarina Mendes, Javier Moreno Sánchez, Chloé Ridel, Sandro Ruotolo, Nacho Sánchez Amor, Birgit Sippel, Krzysztof Śmiszek, Cecilia Strada, Kristian Vigenin, Alessandro Zan

Verts/ALE

Saskia Bricmont, Pär Holmgren, Alice Kuhnke, Tineke Strik, Anna Strolenberg

 

25

-

ECR

Alessandro Ciriani, Dick Erixon, Paolo Inselvini, Mariusz Kamiński, Georgiana Teodorescu, Sebastian Tynkkynen, Maciej Wąsik, Charlie Weimers

ESN

Mary Khan, Milan Uhrík, Petar Volgin

NI

Erik Kaliňák

PfE

Nikola Bartůšek, Jorge Buxadé Villalba, Jaroslav Bžoch, Susanna Ceccardi, Marieke Ehlers, Fabrice Leggeri, Petra Steger, Tom Vandendriessche, Roberto Vannacci

The Left

Giuseppe Antoci, Konstantinos Arvanitis, Damien Carême, Estrella Galán

 

2

0

PPE

Alice Teodorescu Måwe

The Left

Pernando Barrena Arza

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

Last updated: 26 March 2025
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