Changes from report parliamentary committee draft to plenary report

AddedArticle 13 – paragraph 1: 1. Employers interested in participating in the EU Talent Pool shall request the EU Talent Pool National Contact Point in the Member State where they are established to transfer their profiles and job vacancies to the EU Talent Pool IT platform. That request shall be facilitated through an add-on function within existing national job posting processes.

RemovedArticle 13 – paragraph 1 a (new): 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.

AddedArticle 13 – paragraph 2 – point a: (a) fall within the list of EU-wide shortage occupations set in Article 14 and the national adjustments to the list pursuant to Article 15(1) or those job vacancies which are relevant for an EU Talent Partnership or bilateral arrangements or national frameworks on skills development and validation in a third country listed in the EU Talent Pool IT platform;

RemovedArticle 13 – paragraph 1 b (new): 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.

AddedArticle 13 – paragraph 2 – point b: (b) are open to the recruitment of jobseekers from third countries in accordance with the principle of preference for Union citizens, where applicable under national law, unless the accelerated immigration procedures referred to in Article 19 apply;

RemovedArticle 13 – paragraph 1 c (new): 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.

AddedArticle 13 – paragraph 2 – point b a (new): (ba) include, at least, the following information: a link to the employers’ profile in the EU Talent Pool IT platform, the identity of the employer who would engage in a direct employment relationship with the employee or on whose behalf the vacancy is posted, job title, type and duration of the contract, job description, regular place of work, working time and working hours, remuneration, paid leave and contact details.

Change 23

ChangedArticle 13 – paragraph 13 d– (new):subparagraph 1d.1: Employers participating in the EU Talent Pool mayshall requestcomply with the EUrelevant TalentUnion Poollaw Nationaland Contactnational Pointlaw inand thepractice, Memberincluding Stateapplicable incollective whichagreements, theyto areensure establishedthird-country nationals’ right to transferfreedom theirof jobassociation vacanciesand tocollective bargaining, protection against unfair recruitment and inadequate working conditions as well as non-discrimination. Participating Member States may introduce additional conditions for the employers’ participation in the EU Talent Pool ITto platform.ensure Jobcompliance vacancieswith shallother atrelevant leastnational includepractices, informationcollective onagreements and the placeprinciples and theguidelines typeset ofout work,by the duration ofInternational employment,Labour theOrganisation, workingsuch hours,as the relevantILO workingGeneral conditionsPrinciples and informationOperational Guidelines on remuneration,Fair includingRecruitment, thein applicablecompliance remunerationwith practices.Union Theylaw. shallThe alsocompetent clearlynational stateauthorities thatof jobseekersParticipating fromMember thirdStates countriesare willresponsible beto chargedverify nothese recruitmentconditions feesand orthe relatedcompliance costs.with Union and national law of employers interested in participating in the EU Talent Pool.

Change 24

RemovedArticle 13 – paragraph 2 – introductory part: 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:

AddedArticle 13 – paragraph 3 – subparagraph 2: The use of the Talent Pool shall be free of charge for jobseekers from third countries. Employers participating in the EU Talent Pool shall not charge any fees or related costs to registered jobseekers from third countries for the purpose of the recruitment, neither before nor after the completion of the recruitment process.

RemovedArticle 13 – paragraph 3 – subparagraph 1: 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.

AddedArticle 13 – paragraph 4 a (new): 4a. Employers shall receive access to the EU Talent Pool IT platform as soon as their vacancies and profiles have been transferred to that platform by the National Contact Points. In the case of a group of companies, a company authorised to represent that group shall be able to access the EU Talent Pool IT platform also for the other companies of that group.

Change 25

ChangedArticle 13 – paragraph 3 – subparagraph5: 2:5. Employers participating in the EU Talent Pool shall notindicate, anywithout chargeundue feesdelay, orin relatedthe costsEU toTalent Pool IT platform that they have successfully completed the recruitment of registered jobseekers from third countries for the purposegiven ofjob vacancy. The fulfilled job vacancies shall subsequently automatically cease to be visible in the recruitment,EU neitherTalent beforePool norIT afterplatform. Before the completionstart of the recruitmentemployment process.contract, the employer shall provide the jobseekers with all the necessary information in accordance with Directive (EU) 2019/1152.

Change 26

RemovedArticle 13 – paragraph 5: 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.

AddedArticle 14 – paragraph 1 – subparagraph 2 – introductory part: The Commission, with the support of the EU Talent Pool Steering Group, shall be empowered to adopt delegated acts in accordance with the procedure referred to in Article 21 to amend the Annex, in accordance with the following criteria:

Change 27

ChangedArticle 1314 – paragraph 6: 6. The national authorities responsible1 for– thesubparagraph relevant2 law– andpoint practicea: in(a) theshortage Memberoccupations Statescommon shallto immediatelya informsignificant thenumber EUof Talentthree Poolor Nationalmore Contactparticipating PointsMember onStates anyas breachesnotified ofto the provisions of theEU relevantTalent lawPool andSecretariat practiceby setthe outEU inTalent paragraphPool 3National forContact thePoints purposespursuant ofto Article 10(2), point (e).10(2)(c);

Change 28

RemovedArticle 16 – paragraph 4 a (new): 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.

AddedArticle 14 – paragraph 1 – subparagraph 2 – point b: (b) occupations which contribute directly to the Union’s competitiveness and to the EU green and digital transitions and or which are likely to grow in importance.

RemovedArticle 17 – paragraph 1 – subparagraph 1: deleted

AddedArticle 15 – paragraph 1 – subparagraph 1: The participating Member States may decide to add shortage occupations at the ISCO-08 4-digit level, in order to satisfy their specific labour market needs at national or regional level or their objectives. They may also decide to remove shortage occupations from the EU-wide list where those do not correspond to their specific labour market needs at national or regional level or to their objectives. The country-specific adjustments shall only affect the matching of job vacancies in the Member State concerned.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – introductory part: 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:

AddedArticle 15 – paragraph 1 – subparagraph 4: The EU Talent Pool National Contact Points may notify to the EU Talent Pool Secretariat further additions to and removals from the EU-wide list of shortage occupations maximum once every six months.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – point a: (a) information on recruitment and employment procedures, including on the recognition of qualifications and the validation of skills;

AddedArticle 15 – paragraph 3: 3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT platform only those job vacancies that correspond to the EU-wide list of shortage occupations taking into account the adjustments as established on the basis of paragraph 1.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – point a a (new): (aa) information on immigration procedures, including the procedures for obtaining visas and residence permits for work purposes;

AddedArticle 16 – paragraph 1: 1. Registered employers participating in the EU Talent Pool IT platform may search for and match with registered jobseekers from third countries in the EU Talent Pool IT platform.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – point a b (new): (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;

AddedArticle 16 – paragraph 2: 2. Registered employers participating in the EU Talent Pool may use a specific filter available on the EU Talent Pool IT platform to search for profiles of registered jobseekers having obtained an ‘EU Talent Partnership pass’ or other recognition based on bilateral arrangements.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – point a c (new): (ac) information on living and working conditions in the Member States;

AddedArticle 16 – paragraph 3: 3. Registered employers participating in the EU Talent Pool may access a list of suggested registered jobseekers’ profiles generated by the default automatic matching tool and, where applicable, by automatic matching algorithms provided by third parties, based on the relevance of their skills and competences, qualifications, and work experiences, availability and other aspects relevant for the job vacancy.

RemovedArticle 17 – paragraph 1 – subparagraph 2 – point b: (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.

AddedArticle 16 – paragraph 4: 4. Registered jobseekers from third countries may search for and match with job vacancies in the EU Talent Pool and access a list of suggested relevant job vacancies generated by the default automated matching tool and, where applicable, by automatic matching algorithms provided by third parties.

RemovedArticle 17 – paragraph 1 – subparagraph 2 a (new): The National Contact Points shall be responsible for updating, where necessary, the information referred to in the first paragraph.

AddedArticle 16 – paragraph 4 a (new): 4a. By 31 December 2027, the Commission shall submit a report to the European Parliament and the Council assessing the possibility of integrating into the EU Talent Pool IT platform automatic matching algorithms provided by third parties. On the basis of that report, the Commission is empowered to adopt delegated acts in accordance with Article 21 to supplement this Regulation by laying down provisions concerning the integration into the EU Talent Pool IT platform of automatic matching algorithms provided by third parties and the functioning of those algorithms.

RemovedArticle 17 – paragraph 1 – subparagraph 2 b (new): The information referred to in paragraph 1, point (a), shall be based on the ILO General Principles and Operational Guidelines on Fair Recruitment.

AddedArticle 16 – paragraph 4 b (new): 4b. Before the deployment of the algorithms referred to in paragraph 4a, the EU Talent Pool Secretariat shall verify whether they comply with this Regulation and with Union law on the protection of personal data. The Commission shall remain solely responsible for the operation of automatic matching algorithms provided by third parties within the framework of the EU Talent Pool IT platform and shall be the data controller in respect of the personal data processed by means of automatic matching algorithms provided by third parties. The use of automatic matching algorithms provided by third parties shall remain optional for registered employers and registered employees. The EU Talent Pool IT platform shall indicate which automatic matching algorithms are provided by third parties. Data accessed by automatic matching algorithms delivered by third parties shall be used only for the purposes of matching.

RemovedArticle 17 – paragraph 2 – introductory part: 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:

AddedArticle 17 – paragraph 1 – subparagraph 1: Information provided on the EU Talent Pool IT platform shall be made available free of charge, in a clear, comprehensive, user-friendly and non-discriminatory manner and in accordance with the relevant accessibility standards set out in Directive (EU) 2016/2102 and the relevant accessibility requirements for services set out in Annex I to Directive (EU) 2019/882.

RemovedArticle 17 – paragraph 2 – point a: (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;

AddedArticle 17 – paragraph 1 – subparagraph 1 a (new): The information on the EU Talent Pool IT platform shall be made available in at least one of the official languages of the participating Member States.

RemovedArticle 17 – paragraph 2 – point e: (e) where available, the contact details of organisations which offer post-recruitment assistance for third country nationals, such as bridging programmes.

AddedArticle 17 – paragraph 1 – subparagraph 2 – introductory part: The EU Talent Pool Secretariat, with the support of the EU Talent Pool National Contact Points and the EU Talent Pool Steering Group, shall make available, on the EU Talent Pool IT platform, the following information:

RemovedArticle 17 – paragraph 2 – subparagraph 1 a (new): 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.

AddedArticle 17 – paragraph 1 – subparagraph 2 – point a: (a) information on fair recruitment and employment procedures, including on the recognition of qualifications and validation of skills;

RemovedArticle 17 – paragraph 3 – subparagraph 1 a (new): 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.

AddedArticle 17 – paragraph 1 – subparagraph 2 – point a a (new): (aa) information on immigration procedures, including the procedures for obtaining visas and residence permits for the purpose of work;

RemovedArticle 18 – paragraph 1: 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.

AddedArticle 17 – paragraph 1 – subparagraph 2 – point a b (new): (ab) information on the rights and obligations of third-country nationals, including with regard to access to justice and available redress mechanisms;

RemovedArticle 18 – paragraph 2: 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.

AddedArticle 17 – paragraph 1 – subparagraph 2 – point b a (new): (ba) a clear explanation that the use of the EU Talent Pool shall be free of charge and that employers are not to charge fees to jobseekers from third countries registered in the EU Talent Pool for the purpose of recruitment;

RemovedArticle 19 – paragraph 1: 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.

AddedArticle 17 – paragraph 1 – subparagraph 2 – point b b (new): (bb) a clear explanation to jobseekers from third countries that registration in the EU Talent Pool or selection for a job vacancy through the EU Talent Pool IT platform does not guarantee entry, or entry and stay, in the territory of the Member States.

RemovedArticle 19 – paragraph 2 – introductory part: 2. The accelerated immigration procedures referred to paragraph 1 shall cover:

AddedArticle 17 – paragraph 2 – introductory part: 2. Upon request from registered jobseekers from third countries who have been selected for a job vacancy and registered employers participating in the EU Talent Pool, the relevant EU Talent Pool National Contact Points shall provide specific information, additional support, and post-selection assistance in particular with regard to:

RemovedArticle 19 – paragraph 2 a (new): 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.

AddedArticle 17 – paragraph 2 – point a: (a) national immigration and security procedures to obtain visas and residence permits for work purposes in the Member State concerned;

RemovedArticle 19 a (new): 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.

AddedArticle 17 – paragraph 2 – point b: (b) specific guidance on family reunification procedures and family members’ rights and obligations;

RemovedArticle 20 – paragraph 1 – introductory part: 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:

AddedArticle 17 – paragraph 2 – point c: (c) third-country nationals’ rights and obligations including with regard to working conditions, taxation, access to social benefits, health assistance, education, housing, recognition of skills and qualifications and the complaint and redress mechanism pursuant to Article 18;