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

Document LIBE-PR-766973 · COM(2023)0716 – C90413/2023 – 2023/0404(COD)

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Report parliamentary committee draft LIBE-PR-766973
Date
20 December 2024
Committee
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur
Abir AlSahlani
Dossier
2023/0404(COD)
More facts (3)
Formats
Official page PDF Word
Subject matter
EMPL, IMMI
Reference
COM(2023)0716 – C90413/2023 – 2023/0404(COD)
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In short

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The draft report proposes amendments to the Commission's regulation establishing an EU talent pool, making participation mandatory for all member states and voluntary for employers and jobseekers. It strengthens fair recruitment standards by aligning with ILO principles, requiring employer screening and information sessions, and prohibiting recruitment fees. It enhances transparency and accessibility, requiring information in all EU languages and accessible formats, and adds safeguards against discrimination in automated matching. It introduces accelerated immigration procedures for shortage occupations and EU Talent Partnership pass holders, and clarifies data protection and profile removal rules.

Position. The rapporteur proposes amendments to the Commission proposal, making participation mandatory for all member states and strengthening fair recruitment and transparency provisions.

Key points

  1. The EU Talent Pool should be mandatory for all member states, but voluntary for employers and jobseekers from third countries.
  2. The platform should be free of charge for jobseekers and employers, and accessible to persons with disabilities.
  3. Employers must adhere to ILO fair recruitment principles, provide company registration and criminal record checks, and attend information sessions.
  4. Employers breaching rules can be suspended; indefinite suspension for breaches of anti-trafficking or employer sanctions directives.
  5. Jobseekers must declare no entry bans or refusals; profiles removed after one year of inactivity, with anonymised data kept for statistics.
  6. Automated matching must have safeguards against discrimination and promote a 'Skills First' approach.
  7. Talent Partnerships should support skills development and circular migration to avoid brain drain.
  8. Accelerated immigration procedures should be available for shortage occupations and EU Talent Partnership pass holders.
  9. Information on recruitment, immigration, rights, and redress must be publicly available in all EU languages and accessible formats.
  10. Grievance mechanisms must be effective, affordable, gender-responsive, and protect complainants from retaliation.
  11. The Commission should consult social partners and stakeholders when amending the list of shortage occupations.

Who is affected

  • Employers in all member states: must meet fair recruitment conditions, provide company details, and can be suspended for breaches.
  • Jobseekers from third countries: can register voluntarily, must declare no entry bans, and receive information and support.
  • Member states: must implement the platform, designate contact points, and provide accelerated procedures.
  • Social partners and civil society: involved in governance and monitoring of the platform.

Figures and deadlines

  • 7 million more people needed in Europe by 2030 due to decline in working-age population.
  • Profiles not used for one year are automatically removed.
  • Employers must transfer job vacancies within five working days of request.
  • EU Talent Partnership pass holders' profiles can be limited to partnership member states for six months.

Legal basis. Article 79(2), point (a), of the Treaty on the Functioning of the European Union

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Draft european parliament legislative resolution

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

(Ordinary legislative procedure: first reading)

The European Parliament,

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

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

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

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

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

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

–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.

Amendment 1

Proposal for a regulation

Recital 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. It is evident that skills of all levels are needed in order to address the labour 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 the continent. The attractiveness and openness of the Union will determine the extent to which the Union is able to compete globally for talent, whilst promoting and upholding international labour standards.

Or. en

Amendment 2

Proposal for a regulation

Recital 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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, 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 Commission estimates that due to the foreseen decline in the working-age population, at least 7 million more people will be needed in Europe by 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.

Or. en

Amendment 3

Proposal for a regulation

Recital 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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, it is crucial to ensure a welcoming environment and openness to labour migrants as a complementary and mutually beneficial addition to the domestic workforce. That entails offering to prospective labour migrants a complete package in terms of post-arrival services, such as integration support, skills development, infrastructure, family reunification, childcare and healthcare, as well as genuine efforts from Member States to counter xenophobic sentiments. It also involves fostering fair recruitment practices in line with the International Labour Organisation's (ILO) General principles and operational guidelines for fair recruitment and Definition of recruitment fees and related costs (the ‘ILO General Principles and Operational Guidelines on Fair Recruitment’). As part of that 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. Participation in the platform should be mandatory for Member States but its use should be voluntary for employers and jobseekers from third countries. The platform could help bring together and support the matching of profiles of registered jobseekers from third countries residing outside the Union and job vacancies, apprenticeship vacancies and traineeship vacancies (‘job vacancies’) of employers established in the Member States.

Or. en

Amendment 4

Proposal for a regulation

Recital 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) The Recommendation of the Commission on legal pathways to protection in the EU4 encourages Member States to put in place and support complementary labour pathways for those in need of international protection5. Similar recommendations have also been adopted by the European Parliament, for example the resolution of the European Parliament of 20 May 2021 on new avenues for legal labour migration4a and the resolution of the European Parliament of 25 November 2021 with recommendations to the Commission on legal migration policy and law4b. The EU Talent Pool would support the operationalisation of the complementary pathways and legal labour migration. By aligning with the ILO General Principles and Operational Guidelines on Fair Recruitment, the EU Talent Pool would also contribute 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 inequality within and among countries. That is particularly important as labour migrants face a more precarious situation than citizens of the Union in the Union labour market. Special attention should be paid to the situation of female migrant workers who could be more vulnerable in the labour market compared to their male peers. Enhanced information and support services accessible through the EU Talent Pool could thus help in upholding safeguards against discrimination of migrant workers in the Union. Simultaneously, the EU Talent Pool is an essential and concrete part of the realisation of the European Year of Skills, the fourth pillar of which relates to attracting people from outside the Union with the skills needed in Member States.
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.
4aOJ C 15, 12.1.2022, p. 196.
4b 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.

Or. en

Amendment 5

Proposal for a regulation

Recital 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) Since labour shortages are a Union-wide problem, a strategic and unified approach is required in order to address them. To make use of economies of scale and enable the sharing of best practices, all Member States should participate in the EU Talent Pool. EU-wide implementation would also contribute to more predictability and legal certainty for both jobseekers and employers. The EU Talent Pool should aim at supporting Member States to address existing and future skills and labour shortages via the recruitment of third country nationals to the extent the activation of the domestic workforce and intra-EU mobility are not sufficient to achieve this objective. To this end, complementarity and interoperability with existing national initiatives and platforms should be ensured, while not replacing existing national structures. Member States’ specific needs should be taken into account in the development of the EU Talent Pool in order to ensure the most successful implementation possible by, for example, not affecting Member States' competence to determine the volumes of third-country nationals to be admitted for employment purposes. ‘Talent’ is an encompassing term referring to the entire range of skills that might be needed by the Member States’ labour markets. Since a concentrated focus on highly skilled persons risks aggravating the labour shortages by ignoring the actual needs of the Union and the different Member States, the EU Talent Pool should be open to jobseekers from third countries regardless of their level of skills. At the same time, skills shortages in third countries should also be taken into account when identifying the professions to be recruited from third countries so as not to aggravate the brain drain in their critical sectors.

Or. en

Amendment 6

Proposal for a regulation

Recital 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 employers that are established in the Member States, through public employment services and private labour market intermediaries, including private employment agencies, temporary work agencies and labour market intermediaries as defined by the International Labour Organisation Convention (No 181) concerning Private Employment Agencies of 1997 and Directive 2008/104/EC of the European Parliament and of the Council1a. Employers who wish to register on the EU Talent Pool to post their job vacancies should adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment. Jobseekers should not be charged directly or indirectly, in whole or in part, any recruitment fees or related costs. Notwithstanding their use of the EU Talent Pool, employers should continue to contribute to upskilling and reskilling the domestic workforce.
1a Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9, ELI: http://data.europa.eu/eli/dir/2008/104/oj).

Or. en

Amendment 7

Proposal for a regulation

Recital 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 with third countries can contribute to effective development cooperation, in line with the principle of Policy Coherence for Development, and facilitate the creation of mutual trust and gains for third countries, the Union and its Member States. The EU Talent Pool should support the implementation of Talent Partnerships, which are one of the key aspects of the external dimension of the Pact on Migration and Asylum6 and are operationalised in line with the Commission’s Communication on attracting skills and talent to the EU7. To be successful and sustainable, Talent Partnerships should always support skills development in third countries and encourage circular migration in order to avoid brain drain from countries of origin. The EU Talent Pool should also build on the objectives and provisions regarding the Union’s constructive engagement on mobility and all aspects of migration laid down in Regulation (EU) 2021/947 of the European Parliament and of the Council7a.
6 COM/2020/609 final.6 COM/2020/609 final.
7 COM/2022/657 final.7 COM/2022/657 final.
7a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).

Or. en

Amendment 8

Proposal for a regulation

Recital 8

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

Or. en

Amendment 9

Proposal for a regulation

Recital 10

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. Synergies and improved interoperability would facilitate the use of the platform for employers, especially small and medium-sized enterprises (SMEs). The platform should also be easily accessible for persons with disabilities in accordance with Directives (EU) 2016/21021a and (EU) 2019/8821b of the European Parliament and of the Council.
1a Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/2102/oj).
1b Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70, ELI: http://data.europa.eu/eli/dir/2019/882/oj).

Or. en

Amendment 10

Proposal for a regulation

Recital 11

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. In line with the Commission Recommendation of 15 November 2023 on the recognition of qualifications of third-country nationals, a ‘Skills First’ approach should be applied in the matching process whereby all types of qualifications and skills are taken into account, such as vocational education and training, degrees, skills certificates and competences gained in non-formal and informal contexts or specific certificates ('micro-credentials'). Where applicable, the EU Talent Pool National Contact Points should use the ESCO format for the transfer of job vacancies to the EU Talent Pool IT platform. Member States not adopting the ESCO classification for national job vacancies, should produce mapping tables comparing the classification used in the national systems and 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).

Or. en

Amendment 11

Proposal for a regulation

Recital 14

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) 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.

Or. en

Amendment 12

Proposal for a regulation

Recital 16

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 facilitating access to existing legal pathways. Jobseekers from third countries who are subject to a judicial or administrative decision refusing the entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council11 , should not be allowed to register their profiles in the EU Talent Pool IT platform, given that they will not be permitted to enter and stay in the Union for a certain period of time. To this end, jobseekers from third countries should be required, when registering their profiles in the EU Talent Pool, to declare that they are not currently subject to a refusal of entry or stay in a Member State or an entry ban to the territory of the Union. Information should also be provided on the consequences for making a false declaration in this respect. As soon as a jobseeker from a third country and an employer have matched, the relevant EU Talent Pool National Contact Point should, at its request, be provided with information from the Schengen Information System for the purpose of verifying the accuracy of the declaration made by the jobseeker. Where it is discovered that a jobseeker from a third country is subject to a judicial or administrative decision refusing his or her entry or stay in a Member State or an entry ban in accordance with Directive 2008/115/EC of the European Parliament and of the Council10a, the EU Talent Pool National Contact Point should communicate that fact to the EU Talent Pool Secretariat. The EU Talent Pool Secretariat should in turn remove that jobseeker’s profile from the EU Talent Pool IT platform. However, in accordance with the principle of proportionality, the jobseeker from a third country should be able to create a new profile in order to register on the EU Talent Pool IT platform when the judicial or administrative decision or the entry ban ceases to apply to him or her. Persons who have been convicted of offences constituting or involving threat to the national security of a Member State should never be able register as jobseekers in the EU Talent Pool. Such offences should be understood as offences seeking to seriously intimidate a population, unduly compel a government to perform or abstain from performing any act or to seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of a Member State, such as treason, including high treason, or terrorist offences as referred to in Directive (EU) 2017/541 of the European Parliament and of the Council11a.
10aDirective 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).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).
11a Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6, ELI: http://data.europa.eu/eli/dir/2017/541/oj).

Or. en

Amendment 13

Proposal for a regulation

Recital 16 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.

Or. en

Amendment 14

Proposal for a regulation

Recital 16 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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).

Or. en

Amendment 15

Proposal for a regulation

Recital 17

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 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.
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).

Or. en

Amendment 16

Proposal for a regulation

Recital 18

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) 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 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/.

Or. en

Amendment 17

Proposal for a regulation

Recital 20

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 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.

Or. en

Amendment 18

Proposal for a regulation

Recital 21

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.(21) In the context of a Talent Partnership, skills development and validation may be targeted to the job market of one or more Member States. Member States may contribute, also financially, to developing and implementing the support to skills development and validation offered in the context of a Talent Partnership. Therefore, if so decided by the Member States participating in the Talent Partnership, only employers established in one or more Member States participating in a Talent Partnership should be able, for a maximum period of six months, to search for registered jobseekers holding an ‘EU Talent Partnership pass’. This possibility could, in particular, apply in cases where skills development was specifically targeted to the needs of a Member State. Information on whether this possibility is applied and in which cases should be provided on the EU Talent Pool IT platform, in order to inform registered jobseekers from third countries and employers participating in the EU Talent Pool. All employers participating in the EU Talent Pool may search the profiles of registered jobseekers holding an ‘EU Talent Partnership pass’ after this period of time has elapsed. Jobseekers from third countries who received support under a Talent Partnership should always have the possibility to register in the EU Talent Pool as any other third country national, without having to declare the existence of an ‘EU Talent Partnership pass’ and so be able to apply for jobs in other Member States.

Or. en

Amendment 19

Proposal for a regulation

Recital 23

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 ILO has set out a number of standards on adequate protection of jobseekers from third countries against unfair recruitment, including the principle that workers are not to be charged directly or indirectly, in whole or in part, any recruitment fees or related costs. Employers wishing to register on the EU Talent Pool should declare that they adhere to and uphold the ILO General Principles and Operational Guidelines on Fair Recruitment, in particular as regards the prohibition on charging jobseekers from third countries recruitment fees and related costs. In addition, employers are required to comply with applicable Union law and practice. Equal treatment of jobseekers from third countries with respect to nationals of the Member States should also be ensured by the employers in accordance with Directive 2011/9813 , Directive 2014/36/EU14 , Directive 2021/1883/EU15 , and Directive 2016/801/EU16 . In accordance with Directive 2019/1152/EU17 , employers participating in the EU Talent Pool should provide registered jobseekers from third countries with information. in an accessible way and in an understandable language, on their rights and obligations resulting from the employment relationship, in a reasonable time before the employment contract starts. This information should at least include the place and the type of work, the duration of employment, the remuneration, including any additional allowances, lawful deductions, the working hours, the amount of any paid leave and, where applicable other relevant working conditions. Relevant information, including the principle that the jobseeker from a third country will be charged no recruitment fees or related costs, should also be provided in the job vacancy post in order to improve transparency and predictability for the jobseeker. An employer should not 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. In accordance with national law or practice, EU Talent Pool National Contact Points should, in coordination with the social partners, proactively monitor whether employers comply with that Directive.
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).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).

Or. en

Amendment 20

Proposal for a regulation

Recital 23 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(23a) Labour migrants with disabilities are often prone to precarious situations in the labour market. It is important to raise awareness of the situation of labour migrants with disabilities and to ensure that their rights as set out in the United Nations Convention on the Rights of Persons with Disabilities, namely the right to work and non-discrimination, are protected. It is important that employers aim for diversity when recruiting third-country nationals, including persons with disabilities. It is also crucial to ensure that the EU Talent Pool IT platform is accessible. Therefore, the services offered by the platform should comply with the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Or. en

Amendment 21

Proposal for a regulation

Recital 24

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. Jobseekers from third countries should be able to indicate in which region or Member State they are interested in working.

Or. en

Amendment 22

Proposal for a regulation

Recital 26

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 abroad, the EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points, should make information concerning the EU Talent Pool and its functioning easily accessible on the EU Talent Pool IT platform, including for persons with disabilities. Such information should include the conditions and procedures for the participation in the EU Talent Pool. It should also provide information on, or a link to, each Member State’s recruitment procedures, including procedures for recognising qualifications and validating skills, immigration procedures, third-country nationals’ rights, living and working conditions and available redress mechanisms regarding cases of labour exploitation. Grievance mechanisms as referred to in this Regulation should be easily available, affordable and gender-responsive, for example by providing women counsellors and staff in the remediation process and access to justice procedures. They should also ensure that jobseekers from third countries are protected from retaliation, for example by enabling anonymous complaints. The information provided should make it clear how jobseekers from third countries can proceed in the event of abuse or exploitation by employers. The EU Talent Pool National Contact Points are responsible for keeping that information up to date. The information should be provided in cooperation with the social partners, organisations working with third-country nationals and local and regional authorities. Relevant contact details in that regard should be easily accessible through the EU Talent Pool IT platform.

Or. en

Amendment 23

Proposal for a regulation

Recital 27

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

Or. en

Amendment 24

Proposal for a regulation

Recital 28

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 official languages of the institutions of the Union in a clear, comprehensive and user-friendly manner and in accessible formats for persons with disabilities, respecting the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Or. en

Amendment 25

Proposal for a regulation

Recital 29

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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, in cooperation with the Member States, play an active role in supporting the provision of information to jobseekers from third countries on the EU Talent Pool and its functioning. That includes, for example, providing information in the official languages of third countries participating in Talent Partnerships.

Or. en

Amendment 26

Proposal for a regulation

Recital 30

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.deleted

Or. en

Amendment 27

Proposal for a regulation

Recital 31

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 to provide a functional link with the list of EU-wide shortage occupations set out in the Annex, Member States should put in place accelerated immigration procedures for registered jobseekers from third countries recruited to shortage occupations and for registered jobseekers from third countries who have obtained an ‘EU Talent Partnership pass’ in a partnership in which the Member State has participated. Those procedures should cover the reduction of certain time limits provided for in Directives (EU) 2024/12331a and EU) 2021/18831b of the European Parliament and of the Council and the exemption from the principle of preference for Union citizens. Those procedures could also cover the obtention of visas for work purposes. Member States should also be able to apply accelerated immigration procedures in respect of jobseekers from third countries recruited to occupations not listed in the list of EU-wide shortage occupations set out in the Annex. The implementation of accelerated immigration procedures could be discussed in the context of the EU Talent Pool Steering Group, notably in view of supporting the exchange of best practices among Member States. It is also crucial that the EU Talent Pool Steering Group, with the support of the EU Talent Pool Secretariat, conduct labour market forecasts and skills intelligence, for example through the Labour Migration Platform. Such forecasts could serve as the basis for future Talent Partnerships.
1a 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).
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).

Or. en

Amendment 28

Proposal for a regulation

Recital 33

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19 . The Commission should consult with the social partners, especially at sectoral level, and interest representatives from organisations working with third-country nationals and organisations working with persons with disabilities. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
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).

Or. en

Amendment 29

Proposal for a regulation

Recital 34

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.(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.
19 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.19 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.

Or. en

Amendment 30

Proposal for a regulation

Recital 37

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) 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.

Or. en

Amendment 31

Proposal for a regulation

Recital 39 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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).

Or. en

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 the recruitment of jobseekers from third countries regardless of their level of qualification; and
(b) promote fair recruitment standards as set out in the ILO General Principles and Operational Guidelines on Fair Recruitment.

Or. en

Amendment 33

Proposal for a regulation

Article 1 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the functioning of the EU Talent Pool IT platform and related support services;(b) the functioning of the EU Talent Pool IT platform and related support services such as accessibility requirements and the provision of information;

Or. en

Amendment 34

Proposal for a regulation

Article 2 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1. This Regulation applies to jobseekers from third countries residing outside the Union and employers established in the participating Member States.This Regulation applies to jobseekers from third countries regardless of their level of qualification and employers established in the Member States.

Or. en

Amendment 35

Proposal for a regulation

Article 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 3deleted
Participation
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.
2. Information on participating Member States shall be made publicly available on the EU Talent Pool IT platform.

Or. en

Amendment 36

Proposal for a regulation

Article 4 – paragraph 1 – point 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(1) ‘participating Member States’ means Member States participating in the EU Talent Pool;deleted

Or. en

Amendment 37

Proposal for a regulation

Article 4 – paragraph 1 – point 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 who has reached the age of majority under the national law of their country of residence, who resides outside the Union, who is not a citizen of the Union within the meaning of Article 20(1) TFEU and who is seeking employment in the Union;

Or. en

Amendment 38

Proposal for a regulation

Article 4 – paragraph 1 – point 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(5) ‘single coordinated channel’ means the IT service that is set up for the transmission of job vacancies from the participating Member States to the EU Talent Pool IT platform according to a uniform system and using the necessary technical infrastructure.(5) ‘single coordinated channel’ means the IT service that is set up for the transmission of job vacancies from the Member States to the EU Talent Pool IT platform according to a uniform system and using the necessary technical infrastructure.

Or. en

Amendment 39

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(5a) ‘job vacancy’ means a paid post, paid apprenticeship or paid traineeship that is newly created, unoccupied, or about to become vacant for which the employer is taking active steps and is prepared to take further steps to find a suitable candidate from outside the enterprise concerned and which the employer intends to fill either immediately or within a specific period of time.

Or. en

Amendment 40

Proposal for a regulation

Article 5 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 information on the platform shall be provided in all the official languages of the institutions of the Union and comply with the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

Or. en

Amendment 41

Proposal for a regulation

Article 5 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 Member States to transfer job vacancies to the EU Talent Pool database;

Or. en

Amendment 42

Proposal for a regulation

Article 5 – paragraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(b) the technical infrastructure enabling the EU Talent Pool database to receive the job vacancies from the participating Member States;(b) the technical infrastructure enabling the EU Talent Pool database to receive the job vacancies from the Member States;

Or. en

Amendment 43

Proposal for a regulation

Article 5 – paragraph 2 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 employers participating in the EU Talent Pool to communicate within the EU Talent Pool IT platform and to enable skills tests and interviews to be conducted directly on the EU Talent Pool IT platform;

Or. en

Amendment 44

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2 a. The EU Talent Pool IT platform shall contain public information on the functioning of the EU Talent Pool and information on:
(i) Member States’ recruitment procedures, procedures for recognising skills and screening procedures;
(ii) immigration procedures;
(iii) the rights of third country nationals;
(iv) redress mechanisms; and
(v) living and working conditions in the Member States.

Or. en

Amendment 45

Proposal for a regulation

Article 5 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. 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.

Or. en

Amendment 46

Proposal for a regulation

Article 6 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, work experience, other skills and language knowledge.
Profiles of employers participating in the EU Talent Pool registered in the platform shall include the employer’s name and, in the case of natural persons, surname, contact details, company registration number and sector of activity and a brief description of the employer’s operations.

Or. en

Amendment 47

Proposal for a regulation

Article 6 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. 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.

Or. en

Amendment 48

Proposal for a regulation

Article 6 – paragraph 8

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 employers participating in the EU Talent Pool, and to the EU Talent Pool National Contact Points. The data of employers participating in the EU Talent Pool shall be accessible to registered jobseekers from third countries, and to the EU Talent Pool National Contact Points. Processing of the special categories of personal data referred to in Article 9 of Regulation (EU) 2016/679 and Article 10 of Regulation (EU) 2018/1725 for the purpose of searching and matching shall be prohibited.

Or. en

Amendment 49

Proposal for a regulation

Article 8 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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, such as awareness-raising campaigns;

Or. en

Amendment 50

Proposal for a regulation

Article 8 – paragraph 2 – point c

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 Article 10(2), point (f), Article 12(5), (6) and (7), Article 14(2), Article 15(2) and Article 17(1) and providing the online information session referred to in Article 11(4a) for registered jobseekers from third countries;

Or. en

Amendment 51

Proposal for a regulation

Article 8 – paragraph 2 – point d

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(d) preparing the meetings of the EU Talent Pool Steering Group;(d) preparing the meetings of the EU Talent Pool Steering Group and arranging for exchanges with relevant authorities from third countries in cooperation with Union Delegations and diplomatic services in third countries;

Or. en

Amendment 52

Proposal for a regulation

Article 8 – paragraph 2 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(f) convening regular meetings of the Network of the EU Talent Pool National Contact Points referred to in Article 10 to exchange information and best practices on the technical implementation at national level of this Regulation.(f) convening regular meetings of the Network of the EU Talent Pool National Contact Points referred to in Article 10 to exchange information and best practices on the technical implementation at national level of this Regulation and synchronising those meetings with the ongoing parallel work on recognition procedures outlined in the Commission Recommendation of 15 November 2023 on the recognition of qualifications of third-country nationals;

Or. en

Amendment 53

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(fa) coordinating the information received from EU Talent Pool National Contact Points on employers’ adherence to the ILO General Principles and Operational Guidelines on Fair Recruitment.

Or. en

Amendment 54

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(da) exchanging views with experts as referred to in paragraph 4a;

Or. en

Amendment 55

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(db) cooperating with authorities and stakeholders in third countries to support the implementation of Talent Partnerships and develop measures to prevent brain drain and conducting labour market forecasts.

Or. en

Amendment 56

Proposal for a regulation

Article 9 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. The EU Talent Pool Steering Group shall consist of representatives from the Member States’ employment and immigration authorities.

Or. en

Amendment 57

Proposal for a regulation

Article 9 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 partner organisations at Union level, of the employers participating in the EU Talent Pool and of the trade unions shall have the right to appoint three representatives each to participate in the work of the EU Talent Pool Steering Group. Those representatives shall sign a written statement declaring that they are not in a situation of conflict of interest.

Or. en

Amendment 58

Proposal for a regulation

Article 9 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. Experts from Union bodies, offices and agencies and international organisations may also be invited to attend the meetings of the Steering Group to present their views.

Or. en

Amendment 59

Proposal for a regulation

Article 10 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Member State shall designate an EU Talent Pool National Contact Point. Member States shall ensure that relevant authorities from the field of employment and immigration are appointed as the EU Talent Pool National Contact Points in order to improve synergies between those authorities and avoid overburdening national administrations.

Or. en

Amendment 60

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ba) consulting social partner organisations and local and regional authorities on labour market trends and developments;

Or. en

Amendment 61

Proposal for a regulation

Article 10 – paragraph 2 – point f

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 procedures at national level pursuant to Article 17(1), including with regard to the implementation of the principle of preference for Union citizens and relevant data for the monitoring of the EU Talent Pool as set out in Article 20;

Or. en

Amendment 62

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(fa) monitoring employers’ adherence to the ILO General Principles and Operational Guidelines on Fair Recruitment and reporting national developments in that regard to the EU Talent Pool Secretariat;

Or. en

Amendment 63

Proposal for a regulation

Article 10 – paragraph 2 – point g

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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.

Or. en

Amendment 64

Proposal for a regulation

Article 10 – paragraph 2 – subparagraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The suspension referred to in paragraph 2, point (e), of this Article 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 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/EC or Directive (EU) 2024/1712, the employer shall be suspended from the EU Talent Pool indefinitely.

Or. en

Amendment 65

Proposal for a regulation

Article 10 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
3. The EU Talent Pool National Contact Points from each participating Member State shall be regularly convened by the EU Talent Pool Secretariat in the Network of the EU Talent Pool National Contact Points to exchange information and best practices on the implementation of this Regulation.3. The EU Talent Pool National Contact Points from each Member State shall be regularly convened by the EU Talent Pool Secretariat in the Network of the EU Talent Pool National Contact Points to exchange information and best practices on the implementation of this Regulation.

Or. en

Amendment 66

Proposal for a regulation

Article 11 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 shall be able to create their profiles via the Europass profile builder in order to register on the EU Talent Pool IT platform.

Or. en

Amendment 67

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. As soon as a jobseeker and an employer have been matched in accordance with Article 16, at the request of the relevant EU Talent Pool National Contact Point, the relevant national competent authority shall provide it with information from the Schengen Information System for the purpose of verifying the accuracy of the declaration of the jobseeker referred to in paragraph 2 of this Article.

Or. en

Amendment 68

Proposal for a regulation

Article 11 – paragraph 2 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2b. Where it is discovered that a jobseeker from a third country is subject to a decision or ban as referred to in paragraph 2, the EU Talent Pool National Contact Point shall communicate that fact to the EU Talent Pool Secretariat. The EU Talent Pool Secretariat shall in turn remove that jobseeker’s profile from the EU Talent Pool IT platform.

Or. en

Amendment 69

Proposal for a regulation

Article 11 – paragraph 2 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2c. Where a decision or ban as referred to in paragraph 2 no longer applies to a jobseeker from a third country, that jobseeker may create a new profile in order to register on the EU Talent Pool IT platform.

Or. en

Amendment 70

Proposal for a regulation

Article 11 – paragraph 2 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2d. Persons who have been convicted of an offence as laid down in Directive (EU) 2017/541 or of any other offence constituting or involving a threat to the national security of a Member State shall not be able to register on the EU Talent Pool IT platform.

Or. en

Amendment 71

Proposal for a regulation

Article 11 – paragraph 4

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. The EU Talent Pool IT platform’s automated matching tool shall ensure higher visibility for jobseekers from third countries who have previously been selected for a job vacancy in the EU Talent Pool.

Or. en

Amendment 72

Proposal for a regulation

Article 11 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. Upon registering in the EU Talent Pool IT platform, jobseekers from third countries shall be offered the possibility to participate in an information session on their labour rights in the context of the platform and in the context of recruitment by an employer of a Member State. That session shall include information on how to lodge a complaint as referred to in Article 18. The EU Talent Pool Secretariat, with the support of National Contact Points, shall organise such information sessions.

Or. en

Amendment 73

Proposal for a regulation

Article 12 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. 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’.

Or. en

Amendment 74

Proposal for a regulation

Article 12 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Member States may decide, in the framework of the relevant Talent Partnership in which they take part, to limit the visibility of profiles of registered jobseekers from third countries having obtained an ‘EU Talent Partnership pass’, for a maximum period of six months, to employers established in one or more Member States taking part in that same Talent Partnership. The EU Talent Pool Secretariat shall publish information on the application of this paragraph on the EU Talent Pool IT platform.

Or. en

Amendment 75

Proposal for a regulation

Article 12 – paragraph 7

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 Member States taking part in a Talent Partnership and the relevant occupations covered therein shall be published on the EU Talent Pool IT platform.

Or. en

Amendment 76

Proposal for a regulation

Article 13 – title

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Participation of employers in the EU Talent PoolRegistration and participation of employers in the EU Talent Pool

Or. en

Amendment 77

Proposal for a regulation

Article 13 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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.deleted

Or. en

Amendment 78

Proposal for a regulation

Article 13 – paragraph 1 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1a. Employers wishing to be visible and to post their job vacancies on the EU Talent Pool IT platform shall be able to create a profile containing the information referred to in Article 6(3), second subparagraph, an extract from the national business register relating to them, and a copy of the criminal record check of the natural persons in charge of the company. EU Talent Pool National Contact Points shall require employers participating in the EU Talent Pool to participate in an information session regarding fair recruitment and international labour standards. Following their participation in the information session, employers shall sign a pledge to adhere to the ILO General Principles and Operational Guidelines on Fair Recruitment.

Or. en

Amendment 79

Proposal for a regulation

Article 13 – paragraph 1 b (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1b. In addition to participating in the information session referred to in paragraph 1a, employers shall have the possibility to participate in additional training on fair recruitment. On completion of such additional training, those employers’ job vacancies shall gain higher visibility on the EU Talent Pool IT platform through the automated matching system. Employers shall also gain higher visibility on the platform by offering jobseekers language training or other relevant skills development during working hours.

Or. en

Amendment 80

Proposal for a regulation

Article 13 – paragraph 1 c (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1c. EU Talent Pool National Contact Points shall screen all employers established in the Member State that designated them and the information submitted by them before publishing their profile on the EU Talent Pool IT platform.

Or. en

Amendment 81

Proposal for a regulation

Article 13 – paragraph 1 d (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
1d. Employers participating in the EU Talent Pool may request the EU Talent Pool National Contact Point in the Member State in which they are established to transfer their job vacancies to the EU Talent Pool IT platform. Job vacancies shall at least include information on the place and the type of work, the duration of employment, the working hours, the relevant working conditions and information on remuneration, including the applicable remuneration practices. They shall also clearly state that jobseekers from third countries will be charged no recruitment fees or related costs.

Or. en

Amendment 82

Proposal for a regulation

Article 13 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 transfer, as soon as possible and no later than five working days following a request from an employer pursuant to paragraph 1d, to the EU Talent Pool IT platform job vacancies that:

Or. en

Amendment 83

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 and with the ILO General Principles and Operational Guidelines on Fair Recruitment to ensure third-country nationals’ right to freedom of association and collective bargaining, protection against unfair recruitment and inadequate working conditions, including the prevention and elimination of forced labour and child labour, as well as non-discrimination in respect of employment and occupation. Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool to ensure compliance with other relevant national practices and collective agreements, in compliance with Union law.

Or. en

Amendment 84

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 any charge 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.

Or. en

Amendment 85

Proposal for a regulation

Article 13 – paragraph 5

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 to the EU Talent Pool National Contact Point, without undue delay, that they have successfully completed the recruitment of registered jobseekers from third countries for the given job vacancy. Before the start of the employment contract, the employer shall provide the jobseeker with all the necessary information in a clear and comprehensive way in accordance with Directive 2019/1152/EU. The fulfilled job vacancies shall automatically cease to be visible in the EU Talent Pool IT platform. The registered jobseeker’s profile shall indicate that the jobseeker intends to commence employment.

Or. en

Amendment 86

Proposal for a regulation

Article 13 – paragraph 6

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 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).

Or. en

Amendment 87

Proposal for a regulation

Article 16 – paragraph 4 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
4a. The automated matching tool shall have inbuilt safeguards against discrimination on the grounds listed in Article 21 of the Charter of Fundamental Rights of the European Union.

Or. en

Amendment 88

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Participating Member States shall make information concerning the EU Talent Pool and its functioning easily accessible.deleted

Or. en

Amendment 89

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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, shall make the following information for each Member State publicly available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including for persons with disabilities, 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:

Or. en

Amendment 90

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 recruitment and employment procedures, including on the recognition of qualifications and the validation of skills;

Or. en

Amendment 91

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(aa) information on immigration procedures, including the procedures for obtaining visas and residence permits for work purposes;

Or. en

Amendment 92

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ab) the rights of third-country nationals, including with regard to available access to justice and redress mechanisms and the contact details of organisations which offer post-recruitment assistance, where applicable;

Or. en

Amendment 93

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(ac) information on living and working conditions in the Member States;

Or. en

Amendment 94

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2 – point b

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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) the conditions and procedures for participating in the EU Talent Pool, including a 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.

Or. en

Amendment 95

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The National Contact Points shall be responsible for updating, where necessary, the information referred to in the first paragraph.

Or. en

Amendment 96

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The information referred to in paragraph 1, point (a), shall be based on the ILO General Principles and Operational Guidelines on Fair Recruitment.

Or. en

Amendment 97

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Jobseekers from third countries who have been selected for a job vacancy in the EU Talent Pool shall receive the following additional information from the relevant EU Talent Pool National Contact Point:

Or. en

Amendment 98

Proposal for a regulation

Article 17 – paragraph 2 – point a

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(a) specific information on national immigration procedures to obtain visas and residence permits for work purposes following the selection process;(a) the information referred to in paragraph 1, point (a), regarding the procedures for obtaining visas and residence permits for work purposes in the Member State concerned;

Or. en

Amendment 99

Proposal for a regulation

Article 17 – paragraph 2 – point e

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(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 assistance for third country nationals, such as bridging programmes.

Or. en

Amendment 100

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
For the purposes of points (c) and (d) of the first subparagraph, the information may be provided in cooperation with the social partners and, where applicable, organisations which offer post-recruitment assistance for third-country nationals.

Or. en

Amendment 101

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
The EU Talent Pool Secretariat, in cooperation with the Steering Group, shall conduct awareness-raising campaigns targeted at employers, in particular SMEs, to enhance the public understanding of and, in so doing, the use of the EU Talent Pool. Those awareness-raising campaigns shall include information on fair recruitment standards as set out in the ILO General Principles and Operational Guidelines on Fair Recruitment.

Or. en

Amendment 102

Proposal for a regulation

Article 18 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. Member States shall ensure that there are effective and affordable grievance mechanisms or other complaints procedures in accordance with national law and practice 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) or other relevant provisions with regards to the application of this Regulation. The grievance mechanisms or other complaints procedures shall be gender-responsive and ensure that jobseekers from third countries lodging a complaint are protected from any retaliation.

Or. en

Amendment 103

Proposal for a regulation

Article 18 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. Participating Member States shall make information concerning available redress mechanisms easily accessible.2. The EU Talent Pool National Contact Points shall make information concerning available grievance mechanisms or other complaints procedures easily accessible through the EU Talent Pool IT platform, including for persons with disabilities, in accordance with Directive (EU) 2016/2102. That information shall include the contact details of the responsible authorities, information on the relevant national workers' organisations and the contact details of organisations representing third-country nationals.

Or. en

Amendment 104

Proposal for a regulation

Article 19 – paragraph 1

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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. To allow for a faster recruitment of registered jobseekers from third countries, Member States shall put in place accelerated immigration procedures for registered jobseekers from third countries recruited to shortage occupations and for registered jobseekers from third countries who have obtained an ‘EU Talent Partnership pass’ in a partnership in which the Member State has participated. Information on those accelerated procedures shall be made available both to employers and to jobseekers from third countries at an early stage of the recruitment process.

Or. en

Amendment 105

Proposal for a regulation

Article 19 – paragraph 2 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2. The procedure referred to paragraph 1 may cover:2. The accelerated immigration procedures referred to paragraph 1 shall cover:

Or. en

Amendment 106

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
2a. Member States may decide to apply the accelerated immigration procedures referred to in paragraph 1 in respect of individual jobseekers from third countries who were previously recruited to a job through the EU Talent Pool.

Or. en

Amendment 107

Proposal for a regulation

Article 19 a (new)

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
Article 19a
Third country nationals who have been selected for a job vacancy in the EU Talent Pool shall also benefit from the rights laid down in Articles 17, 18 and 19.

Or. en

Amendment 108

Proposal for a regulation

Article 20 – paragraph 1 – introductory part

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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-disaggregated data shall be gathered on:

Or. en

Amendment 109

Proposal for a regulation

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

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
(fa) the number of profiles removed from the EU Talent Pool IT platform under Article 11(2b);

Or. en

Amendment 110

Proposal for a regulation

Article 20 – paragraph 3

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 in cooperation with the social partners and civil society organisations, in particular those working with third-country nationals and persons with disabilities.

Or. en

Amendment 111

Proposal for a regulation

Article 24 – paragraph 2

Amendment: Text proposed by the Commission and Amendment
Text proposed by the CommissionAmendment
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 the Member States in accordance with the Treaties.

Or. en

Back matter, 2

Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.

Explanatory statement 9 blocks

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 3 blocks

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:

Table from the text: Entity and/or person
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.

Connections

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https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-766973
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Cite as

European Parliament (2024). “DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool”. Text, 20 December 2024. docId LIBE-PR-766973. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-766973 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/LIBE-PR-766973 (CC BY 4.0).
BibTeX 
@misc{epw-text-libe-pr-766973,
  author = {{European Parliament}},
  title = {{DRAFT REPORT on the proposal for a regulation of the European Parliament and of the Council establishing an EU talent pool}},
  year = {2024},
  date = {2024-12-20},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-766973}},
  url = {https://news.eu-parl.st-solutions.dev/texts/LIBE-PR-766973},
  urldate = {2026-09-25},
  publisher = {EU Parl Watch Research},
  note = {Text. docId LIBE-PR-766973. Data: EP Open Data API: document record (CC BY 4.0)}
}