Changes from report parliamentary committee draft to report parliamentary committee draft

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

▸4 unchanged paragraphs

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

(Ordinary legislative procedure: first reading)

The European Parliament,

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

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

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

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

Changed– having regard to the opinion of theRule Committee60 of theits RegionsRules of ...,Procedure,

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

▸4 unchanged paragraphs

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9 0000/2022),

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

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

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

Change 1

ChangedRecital 1: (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. It is evident that all levelsskills of skillsall levels are needed in order to solveaddress the labour shortage.shortages. 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 also expected to persist and potentially aggravate in the light of demographic challenges. Furthermore, climate change affects migration patterns and drives push factors. As migration is a natural phenomenon that will always exist, a common European approach to labour migration is necessary to ensure more legal pathways to ourthe continent. The attractiveness and openness of the Union will determine the extent to which the Union is able to compete globally for talent, whilst promoting and upholding international labour standards.

Change 2

ChangedRecital 2: (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. 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. The European Commission estimates that due to the foreseen decline in workingthe ageworking-age population, at least 7 million more people will be needed in Europe by 20303a.2030. Therefore, legal migration is key to complement those actions and must be part of the solution to fully support the twin transition and ensure the continued quality of welfare systems and economic growth. / 3a 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

Change 3

ChangedRecital 3: (3) In order to facilitate international recruitment and provide opportunities for third-country nationals to work in EU-wide shortage occupations, it is crucial to ensure a welcoming environment and openness to labour migrants as a complementary and mutually beneficial addition to the domestic workforce. ThisThat entails offering to prospective labour migrants a complete package in terms of post-arrival servicesservices, such as integration support, skills development, infrastructure, family reunification, childcare and healthcare, as well as genuine efforts from Member States to counter xenophobic sentiments. ThisIt also involves fostering fair recruitment practices in line with the International Labour Organisation's (ILO) ‘GeneralGeneral principles and operational guidelines for fair recruitment and definitionDefinition of recruitment fees and related costs’costs (ILO(the ‘ILO General Principles and Operational Guidelines on Fair Recruitment).Recruitment’). As part of thisthat package to facilitate international matching, promote fair recruitment practices and strengthen the protection of migrant workers, an EU Talent Pool should be established in the form of a Union-wide platform. ItsParticipation implementationin willthe platform should be mandatory for Member States but its use willshould be voluntary for employers and thirdjobseekers countryfrom nationals.third countries. The platform cancould help bring together and support the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies of employers establishedvacancies, inapprenticeship thevacancies Memberand States.trainees…

Change 4

ChangedRecital 4: (4) The Recommendation of the Commission on legal pathways to protection in the EU4 encourages Member States to put in place and support complementary labour pathways for those in need of international protection5. Similar recommendations have also been adopted by the European Parliament.4aParliament, for example the resolution of the European Parliament of 20 May 2021 on new avenues for legal labour migration4a and the resolution of the European Parliament of 25 November 2021 with recommendations to the Commission on legal migration policy and law4b. The EU Talent Pool willwould support the operationalisation of the complementary pathways and legal labour migration. By aligning with the ILO General Principles and Operational Guidelines on Fair Recruitment, the EU Talent Pool would also contributescontribute to achieving the Sustainable Development Goals (SDGs), in particular SDG 8 to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all, and SGD 10 to reduce inequalitiesinequality within and among countries. ThisThat is particularly important as labour migrants face a more precarious situation than EU citizens of the Union in the EuropeanUnion labour market. Special attention should be paid to the situation of female migrant workers who mightcould be more vulnerable in the labour market compared to their male peers. Enhanced information and support services accessible through the EU Talent Pool cancould thus help in upholding safeguards against discrimination of migrant workers in Europe. Simultaneously, the EU Talent Pool is an essential and concrete part of the realization of the European Year of Skills, from which the fourth pillar is about attracting people from outside the EU with the skills needed. / 4a European Parliament resolution of 20 May 2021 on new avenues…work…

Change 5

ChangedRecital 5: (5) Since labour shortageshortages isare a Union-wide problem, it would benefit from a strategic and unified approach.approach is required in order to address them. To make use of economies of scale and enable the sharing of best practices, the EUall TalentMember PoolStates should beparticipate implementedin bythe allEU MemberTalent States.Pool. EU-wide implementation willwould also contribute to more predictability and legal certainty for both jobseekers and employers. The EU Talent Pool should aim at supporting Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. To this end, complementarity and interoperability with existing national initiatives and platforms willshould be ensured, while not replacing existing national structures. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the most successful implementation possible by, for example, not affecting Member States' competence to determine the volumes of admission ofthird-country thirdnationals countryto nationalsbe comingadmitted tofor work.employment Hence,purposes. ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets. Since a concentrated focus on highly skilled persons risks aggravating the labour shortage,shortages by ignoring the actual needs of the Union and the different Member States, the EU Talent Pool is open for all levels of skills.should Atbe theopen sameto time,jobseekers skill…fro…

Change 6

ChangedRecital 6: (6) The EU Talent Pool aims at providing free of charge services to employers that are established in the Member States, through Publicpublic Employmentemployment Servicesservices and private labour market intermediaries, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention (No 181) concerning Private Employment Agencies Conventionof 1997 (Noand 181)Directive as2008/104/EC wellof asthe EUEuropean DirectiveParliament 2008/104/EC5a.and of the Council1a. Employers who wish to register on the EU Talent Pool to post their job vacancies mustshould adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment. Jobseekers should not be charged directly or indirectly, in whole or in part, any recruitment fees or related costs for their recruitment.costs. Notwithstanding their use of the EU Talent Pool, employers should continue theirto contributionscontribute to upskilling and reskilling the domestic workforce. / 5a1a 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. 9–14,9, ELI: http://data.europa.eu/eli/dir/2008/104/oj).

Change 7

ChangedRecital 7: (7) Strong partnerships with third countries can contribute to effective development cooperation, in line with the principle of Policy Coherence for Development, and facilitate the creation of mutual trust and gains for third countries, the EU,Union and its Member States. The EU Talent Pool should support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum6 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU7 .EU7. To be successful and sustainable, Talent Partnerships should always support skills development in third countries,countries and encourage circular migration in order to avoid brain drain from countries of origin. The EU Talent Pool should also build on the objectives and provisions regarding the Union’s constructive engagement on mobility and all aspects of migration laid outdown in Regulation (EU) 2021/947 of the NDICI-GEEuropean Regulation.7aParliament and of the Council7a. / 7a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global EuropeEurope, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1–78,1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).

Change 8

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

Change 9

ChangedRecital 10: (10) Synergies should be ensured, where appropriate, between the EU Talent Pool IT platform and other relevant instruments and services at Union level, including with regard to access to training materials such as the EU Academy and the Interoperable Europe Academy. The EU Talent Pool IT platform should be quickly and regularly adapted to new practices in technology and provide state-of-the-art IT services by introducing innovative features and tools. Synergies and improved interoperability willwould facilitate the use of the platform for employers, especially SMEs.small and medium-sized enterprises (SMEs). The platform should also be easily accessible for persons with disabilities in accordance with DirectiveDirectives (EU) 2016/21027b2016/21021a and Directive (EU) 2019/8827c.2019/8821b of the European Parliament and of the Council. / 7b1a 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. 1–15,1, ELI: http://data.europa.eu/eli/dir/2016/2102/oj). / 7c1b 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. 70–115,70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).

Change 10

ChangedRecital 11: (11) The format of jobseekers' profiles and job vacancies should be established using the existing European classification of occupations, skills, competencies and qualifications (ESCO) as foreseen in Regulation (EU) 2016/5898 which provides for a standardised terminology for occupations, skills and competences and facilitates the transparency of skills and qualifications. The ESCO classification should support jobseekers from third countries, employers, and the EU Talent Pool National Contact Points in providing comparable information on work experiences, occupations covered by a vacancy, as well as the skills offered by the jobseekers and required by the employers, thereby enabling a high-quality matching process. In line with the Commission Recommendation C(2023)of 7700,15 November 2023 on the recognition of qualifications of third-country nationals, a ‘Skills First’ approach should be applied in the matching process whereby all types of qualifications and skills are taken into account, such as vocational education and training, degrees, certification of skills certificates and competences gained in non-formal and informal contexts or specific certificates ('micro-credentials')8a.('micro-credentials'). Where applicable, the EU Talent Pool National Contact Points should use the ESCO format for the transfer of job vacancies to the EU Talent Pool IT platform. Member States not adopting the ESCO classification for national job vacancies, should produce mapping tables comparing the classification used in the national systems and the ESCO classification to allow interoperability. The mapping tables……

Change 11

RemovedRecital 13 a (new): (13a) To ensure appropriate handling of personal data in the context of the EU Talent Pool, the European Data Protection Supervisor was consulted in accordance with Article 42 of Regulation (EU) 2018/17258b and delivered an opinion on 9 January 2024. / 8b 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. 39–98, ELI:http://data.europa.eu/eli/reg/2018/1725/oj).

AddedRecital 14: (14) Registering a profile and searching and posting vacancies respectively should be free of charge for both jobseekers from third countries and employers. Registered jobseekers from third countries should have the right to choose from a number of technical options to restrict the access to their personal data, for instance, by restricting access to their contact details. The information on how to apply those options should be made available in a clear, comprehensive and user-friendly manner and in accessible formats for persons with disabilities, respecting the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882. Profiles of registered jobseekers from third countries and employers participating in the EU Talent Pool IT platform that have not been used for a period of one year should be automatically removed in order to enhance safeguards for the protection of personal data and avoid making the IT system too rigid. When profiles are removed, a limited set of anonymised data could continue to be stored for research and statistical purposes including for the purpose of production and quality of European statistics.

Change 12

ChangedRecital 14: (14)16: Registering(16) aThe profileEU asTalent wellPool asshould searchingcontribute andto postingthe vacanciesobjective respectivelyof shoulddiscouraging beirregular freemigration ofincluding chargeby forfacilitating bothaccess jobseekersto andexisting employers.legal Registeredpathways. jobseekersJobseekers from third countries should havewho theare rightsubject to choosea fromjudicial aor numberadministrative ofdecision technicalrefusing optionsthe toentry restrictor thestay accessin toa theirMember personalState data,or foran instance,entry byban restrictingin accessaccordance towith theirDirective contact2008/115/EC details.of Profilesthe European Parliament and of registeredthe jobseekersCouncil11 from, thirdshould countriesnot andbe employersallowed participatingto register their profiles in the EU Talent Pool IT platformplatform, given that havethey will not beenbe usedpermitted to enter and stay in the Union for a certain period of onetime. yearTo this end, jobseekers from third countries should be automaticallyrequired, removedwhen registering their profiles in orderthe EU Talent Pool, to enhancedeclare safeguardsthat forthey theare protectionnot ofcurrently personalsubject datato anda avoidingrefusal makingof theentry ITor systemstay tooin rigid.a WhenMember profilesState areor removed,an aentry limitedban setto the territory of anonymisedthe dataUnion. couldInformation continueshould toalso be storedprovided foron researchthe andconsequences statisticalfor purposesmaking includinga forfalse thedeclaration purposein ofthis productionrespect. andAs qualitysoon ofas Europeana statistics.jobseeker Thefrom informationa onthird howcountry toand applyan theseemployer optionshave shouldmatched, bethe maderelevant availableEU inTalent aPool clear,National comprehensive,Contact user-friendlyPoint mannershould, andat accessibleits formatsrequest, forbe personsprovided with disabilitiesinformation respectingfrom the relevant accessibilitySchengen requirementsInformation asSystem establishedfor inthe Directivepurpose 2016/2102of onverifying the accessibilityaccuracy of the websitesdeclaration andmade mobileby applicationsthe ofjobseeker. publicWhere sectorit bodiesis asdiscovered wellthat asa thejobseeker accessibilityfrom requirementsa forthird servicescountry setis subject to a judicial or administrative decision refusing his or her entry or stay in Annexa IMember toState or an entry ban in accordance with Directive (EU)2008/115/EC 2019/882.of the European Parliament and of…

Change 13

RemovedRecital 16: (16) The EU Talent Pool should contribute to the objective of discouraging irregular migration including by facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union for the time being. To this end, jobseekers from third countries should be required, when registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. As soon as a jobseeker and an employer have matched, the relevant National Contact Point may, on request and for the purpose of verification of the accuracy of the above declaration by the jobseeker, be given information from the Schengen Information System. In case of the jobseeker being 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, the National Contact Point should communicate this to the EU Talent Pool Secretariat, which in turn should remove the prof…

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

RemovedRecital 16 a (new): (16a) In accordance with the principle of proportionality and in order to foster fair recruitment, an employer’s participation in the EU Talent Pool IT platform should also be subject to certain conditions. Upon registration, employers should be required to provide their contact details, including their company registration number, and a criminal record check or police information check of the natural person(s) in charge of the company. Employers should also be required by the National Contact Point to participate in an information session regarding fair recruitment and international labour standards. After completion of this session, the employer should be offered the possibility to take part in additional information sessions and workshops on fair recruitment organized by the National Contact Point. The employer should be able to post on their profile the completion of additional workshops in this regard, as a means to demonstrate towards potential employees their commitment to fair recruitment and decent working conditions. The completion of additional workshops on fair recruitment should also help the employer gain more visibility on the EU Talent Pool IT platform through the automated matching system. Before admitting their profile into the system, National Contact Points should perform a screening process of the employer based on all available information.

AddedRecital 16 b (new): (16b) Where a breach by an employer of the relevant law and practice referred to in this Regulation is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing that relevant law and practice, the employer’s access to the EU Talent Pool should be suspended and their job vacancies should be removed. The suspension should be lifted without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points of the fact that the breach of the relevant law and practice has been remedied or once the employer concerned has demonstrated that it has been remedied. In the event of a breach of Directive 2009/52/EC1a or (EU) 2024/17121b of the European Parliament and of the Council, the employer should be suspended from the EU Talent Pool indefinitely. / 1a Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals(OJ L 168, 30.6.2009, p. 24, ELI: http://data.europa.eu/eli/dir/2009/52/oj). / 1b Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims (OJ L, 2024/1712, 24.6.2024, ELI: http://data.europa.eu/eli/dir/2024/1712/oj).

RemovedRecital 16 b (new): (16b) In the case of an employer’s breach of the relevant law and practice referred to in Article 13(3) which is notified to the EU Talent Pool National Contact Points by the relevant national authorities responsible for enforcing the relevant law and practice in accordance with Article 13(6) of this Regulation, the employer’s access to the EU Talent Pool should be suspended and their vacancies should be removed. The suspension should be revoked without delay once the relevant national authorities have notified the EU Talent Pool National Contact Points, or the employer concerned has demonstrated, that the breach of the relevant law and practice pursuant to Article 13(3) has been remedied. In cases of breaches of the Directive 2009/52/EC of the European Parliament and of the Council or the (EU) .../... [Antitrafficking Directive 2022/0426(COD)], the employer should be suspended from the EU Talent Pool indefinitely.

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

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

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

RemovedRecital 18: (18) For the purpose of promoting the free movement of workers and to speed up recognition procedures, the number of regulated professions remaining in only a few Member States needs to decrease. It is also important to apply a ‘Skills First’ approach when recruiting, taking into account a persons’ full set of abilities, competences and qualifications in accordance with Commission Recommendation C(2023) 7700. This is especially important when it comes to international recruitment, as data shows that third country nationals are more likely than Union citizens to be overqualified for their job12a. Nonetheless, where necessary, the recognition of qualifications and validation of skills from formal, non-formal, and informal learning, and qualifications such as vocational education, degrees or specific certificates ('micro-credentials') of registered jobseekers from third countries should be conducted in the Member States upon request of the jobseeker or the employer in accordance with the national law and practices. It should be in line with any relevant international agreements, including Mutual Recognition Arrangements for professional qualifications. Personalised assistance and online information on existing recognition and validation procedures at national level should be provided by the EU Talent Pool National Contact Points and made available in the EU Talent Pool IT platform in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilitie…

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

Change 14

ChangedRecital 21: (21) In the context of a Talent Partnership, skills development and validation may be targeted to the job market of one or more participating Member States. Member States may contribute, also financially, to developing and implementing the support to skills development and validation offered in the context of a Talent Partnership. Therefore, if so decided by the Member States participating in the Talent Partnership, only employers established in one or more Member States participating in a Talent Partnership should be able, for a maximum period of six months, to search for registered jobseekers holding an ‘EU Talent Partnership pass’. This possibility could, in particular, apply in cases where skills development was specifically targeted to the needs of a Member State. Information on whether this possibility is applied and in which cases should be provided on the EU Talent Pool IT platform, in order to inform registered jobseekers from third countries and employers participating in the EU Talent Pool. All employers participating in the EU Talent Pool may search the profiles of registered jobseekers holding 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 Me…Member States.

Change 15

ChangedRecital 23: (23) The ILO has set out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment, including the principle that workers shouldare not to be charged directly or indirectly, in whole or in part, any recruitment fees or related costs for their recruitment.costs. Employers wishing to register on the EU Talent Pool should declare that they adhere to and uphold the ILO General Principles and Operational Guidelines on Fair Recruitment, in particular theas prohibitionregards ofthe recruitmentprohibition feeson andcharging relatedjobseekers costsfrom tothird becountries paidrecruitment fromfees jobseekersand orrelated workers.costs. In addition, employers mustare required to comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide to registered jobseekers from third countries informationwith information. in an accessible way for the jobseeker and in an understandable languagelanguage, on their rights and obligations resulting from the employment relationship, in a reasonable time before the employment contract starts. This information should at least include the place and the type of work, the duration of employment, the remunerationremuneration, (includingincluding any additional allowances),allowances, lawful deductions, the working hours, the amount of any paid leave …

Change 16

ChangedRecital 23 a (new): (23a) Labour migrants with disabilities are often prone to precarious situations in the labour market.18amarket. It is important to raise awareness of the situation of labour migrants with disabilities,disabilities and ensure theto protectionensure ofthat their legal rights as statedset out in the UNUnited Nations Convention on the Rights of Persons with Disabilities (UNCRPD),Disabilities, namely the right to work and non-discrimination.non-discrimination, Employersare shouldprotected. It is important that employers aim for diversity when recruiting third countrythird-country nationals, including persons with disabilities. It is also crucial to ensure accessibility ofthat the EU Talent Pool IT platform andis thus,accessible. Therefore, the services offered mustby the platform should comply with the relevant accessibility standards namely thoseset establishedout in Directive 2016/2102 on the accessibility of the(EU) websites2016/2102 and mobile applications of public sector bodies as well as the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882. / 18a https://www.un.org/development/desa/disabilities/refugees_migrants_with_disabilities.html

Change 17

ChangedRecital 24: (24) In order to ensure high quality matching, registered jobseekers from third countries and employers participating in the EU Talent Pool should access a list of suggested registered jobseekers’ profiles and job vacancies based on the relevance of their skills, qualifications and work experiences for the job vacancy. The list is generated by the automated matching tool of the EU Talent Pool IT platform. TheJobseekers jobseekerfrom shouldthird havecountries theshould possibilitybe able to indicate in which region or Member State they are interested in working.

Change 18

ChangedRecital 26: (26) In order to promote fair recruitment and strengthen transparency towards third country nationals who are prospectivefor jobseekers in the EUfrom asthird wellcountries asand Europeanfor employers who wish to recruit from abroad, the EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, should make information concerning the EU Talent Pool and its functioning easily accessible on the EU Talent Pool IT platform, including for persons with disabilities. Such information should include the conditions and procedures for the participation in the EU Talent Pool. It should also provide information on, or a link to, each Member States'State’s recruitment proceduresprocedures, including recognitionprocedures offor recognising qualifications and validation ofvalidating skills, immigration procedures, third countrythird-country nationals’ rights, living and working conditions as well asand available redress mechanisms forregarding cases of labour exploitation. TheGrievance grievancemechanisms mechanismas referred to in this Regulation should be easily available, affordable and gender-responsive, for example by providing women counsellors and staff in the remediation process and access to justice procedures. ItThey should also ensure protectionthat againstjobseekers retaliationfrom towardsthird thecountries jobseeker,are protected from retaliation, for example by enabling anonymous complaints. ItThe shouldinformation beprovided madeshould clearmake throughit theclear informationhow providedjobseekers howfrom thethird jobseekercountries couldcan proceed in the caseevent of abuse or exploitation by the employer.employers. The EU Talent Pool National Contact Points are responsible for keeping thisthat information up-to-date.up to date. The information should be provided in cooperation with social partners, organisations worki…b…

Change 19

ChangedRecital 27: (27) After the matching of a jobseeker from a third country and an employer, the relevant EU Talent Pool National Contact Point should ensure that the jobseeker receives additional information in an accessible format, including for persons with disabilities. ThisThat information should entail complementary support forcover the procedures for obtaining visavisas and residence permitpermits for work purposes in the Member State in question,concerned, specific guidance on family reunification procedures and third-country nationals’ rights and obligationsobligations, including access to social benefits, health assistance, education, housing, recognition of qualifications and the available grievance mechanism. It should also include information towith facilitateregard third-countryto nationals’facilitating the integration of the jobseeker from a third country in the host Member StateState, such as language courses, vocational training and education as well asand other integration measures,measures andand, where available, the contact details of organisations which offer post-recruitment assistance for third country nationals such as bridging programs.

Change 20

ChangedRecital 28: (28) Information provided on the EU Talent Pool IT platform should be made available at least in the official languages of allthe Memberinstitutions Statesof the Union in a clear, comprehensive,comprehensive and user-friendly manner and in accessible formats for persons with disabilitiesdisabilities, respecting the relevant accessibility requirementsstandards asset establishedout in Directive 2016/2102 on the accessibility of the(EU) websites2016/2102 and mobile applications of public sector bodies as well as the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Change 21

ChangedRecital 29: (29) The Delegations of the European Union should, in cooperation with the Member States, play an active role in supporting the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning. ThisThat includes, for example, providing information in the official languages of third countries participating in Talent Partnerships.

Recital 30: deleted

Change 22

ChangedRecital 31: (31) To achieve the objective of this Regulation, the effective implementation of the EU legal migration acquis should be ensured. In addition, to make the recruitment of jobseekers from third countries residing outside the Union easier and faster for employers and to provide a functional link with the national list of EU-wide shortage occupations listedset out in the Annex, Member States should put in place accelerated immigration procedures infor particularregistered asjobseekers regardsfrom thethird obtentioncountries ofrecruited visasto andshortage residenceoccupations permitsand for workregistered purposesjobseekers andfrom third countries who have obtained an ‘EU Talent Partnership pass’ in a partnership in which the exemptionMember fromState has participated. Those procedures should cover the principlereduction of preferencecertain fortime Unionlimits citizensprovided for thein shortageDirectives occupations(EU) identified2024/12331a atand nationalEU) level2021/18831b asof wellthe asEuropean forParliament registeredand jobseekersof fromthe thirdCouncil countriesand havingthe obtainedexemption anfrom ‘EUthe Talentprinciple Partnershipof pass’preference infor aUnion partnershipcitizens. inThose whichprocedures could also cover the Memberobtention Stateof hasvisas participated.for work purposes. Member States mayshould also decide tobe putable into placeapply accelerated immigration procedures forin recruitmentrespect of jobseekers from third countries recruited to occupations not listed in the list of EU-wide shortage occupations list.set out in the Annex. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. It is also crucial that the EU Talent Pool Steering Group, with the support of the EU Talent Pool Secretariat, conducts labour market forecasts and skills intelligence, for example through the Labour Migration Platform.…

Change 23

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

Change 24

RemovedRecital 37: (37) Member States must 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 as well as gender equality must be ensured.

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

RemovedArticle 1 – paragraph 1: 1. This Regulation establishes an EU Talent Pool available to all Member States in order to facilitate recruitment of jobseekers of all qualification levels from third countries residing outside the Union and promote fair recruitment as set out in the ILO General Principles and Operational Guidelines on Fair Recruitment.20a / 20a International Labour Organisation, General principles and operational guidelines for fair recruitment and definition of recruitment fees and related costs. See https://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---migrant/documents/publication/wcms_703485.pdf

AddedRecital 37: (37) Member States are required to implement this Regulation in full compliance with all EU Charter of Fundamental Rights obligations and in particular without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, languages, religious or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation. The respect of fair and just working conditions, the protection of young people at work and as gender equality should be ensured.

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

AddedRecital 39 a (new): (39a) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council1a and delivered an opinion on 9 January 2024. / 1a Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI:http://data.europa.eu/eli/reg/2018/1725/oj).

Change 25

ChangedArticle 21 – paragraph 1: 1. This Regulation appliesestablishes toan jobseekersEU ofTalent Pool available to all qualificationMember levelsStates in order to: / (a) facilitate the recruitment of jobseekers from third countries residingregardless outsideof thetheir Unionlevel of qualification; and employers/ established(b) promote fair recruitment standards as set out in the MemberILO States.General Principles and Operational Guidelines on Fair Recruitment.

Change 26

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

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

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

Article 4 – paragraph 1 – point 1: deleted