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    1_EN_ACT_part1_v6.pdf

    https://www.ft.dk/samling/20231/kommissionsforslag/kom(2023)0716/forslag/1998592/2781845.pdf

    EN EN
    EUROPEAN
    COMMISSION
    Brussels, 15.11.2023
    COM(2023) 716 final
    2023/0404 (COD)
    Proposal for a
    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    ESTABLISHING AN EU TALENT POOL
    {SEC(2023) 716 final} - {SWD(2023) 716 final} - {SWD(2023) 717 final} -
    {SWD(2023) 718 final}
    Offentligt
    KOM (2023) 0716 - Forslag til forordning
    Europaudvalget 2023
    EN 1 EN
    EXPLANATORY MEMORANDUM
    1.1 Reasons for and objectives of the proposal
    Legal migration is an essential part of the comprehensive approach to migration set out in the
    Pact on Migration and Asylum1
    . Effective legal pathways can help reduce irregular
    migration and fill gaps our labour market. While Member States retain the right to determine
    volumes of admission for people coming from third countries to work, the EU’s common
    migration policy needs to reflect the integration of the EU economy and interdependence of
    Member States’ labour markets. This is why, as the New Pact underlines, EU policies need to
    foster a level playing field between national labour markets as migration destinations. They
    should also help Member States use their EU membership as an asset in attracting talent.
    EU employers, in particular SMEs, are facing acute and structural labour and skills
    shortages in many professions2
    . For instance, the EU transition towards a green and
    digital economy creates high demand for specific skills in certain sectors and calls for
    restructuring our economies and labour markets3
    . In the context of the COVID-19 pandemic,
    it has also become clear that labour and skills shortages in the health sector need to be
    addressed4
    . The prospect of an ageing population and a shrinking working-age population
    together with inefficiencies linked to the functioning of the labour market pose significant
    pressure and long-term challenges for the EU and its Member States’ ability to effectively
    address such shortages.
    The EU is addressing these shortages through a comprehensive approach which includes
    activating the inactive EU population, reskilling and upskilling the existing workforce5
    ,
    improving working conditions, and the facilitation of intra-EU mobility. However, in view of
    the growing labour market needs, labour migration must also be part of this policy mix.
    Therefore, apart from using the untapped potential of the EU domestic workforce, attracting
    talent and skills from outside the EU is a way to contribute to addressing existing and
    future labour and skills shortages, including those linked to the green and digital
    transition. It also incentivises potential economic migrants to come to the EU through legal
    channels, which contributes to reducing irregular migration pressure.
    However, employers and jobseekers from third countries continue to face several challenges
    linked to international recruitment. This undermines the potential of legal migration pathways
    to help address EU labour and skills shortages. In particular, international job matching is
    often cumbersome and ineffective due to a lack of effective channels and tools, difficulties
    in accessing and understanding information on recruitment processes as well as the high costs
    associated with these procedures. This, coupled with the perceived risk of unfair recruitment
    1
    COM/2020/609 final.
    2
    Employment and Social Developments in Europe 2023 Annual review. As substantiated by the lists of widespread
    and acute shortage occupations contained in Eures 2022 report on shortages and surplus occupations, see below, for
    more details: EURES-Labour Shortages report (europa.eu).
    3
    The Green Deal Industrial Plan of 2023 acknowledges that the green transition will amplify demands for new skills
    at all levels. For instance, there is a particular need to recruit more information and communications technology
    (ICT) specialists in Europe to fulfil the needs of industrial ecosystems. In fact, in 2021, about 60% of EU
    enterprises that recruited or tried to recruit ICT specialists had difficulties in filling ICT vacancies. As the
    Commission plans to play a leading role in the worldwide transition to Web 4.0 and virtual worlds, there is a
    growing need for highly skilled specialists in technologies related to this process, such as extended reality, cloud,
    5G, distributed ledger etc.
    4
    The COVID-19 pandemic accentuated long-standing shortages in sectors such as healthcare and ICT. Eurofound,
    Tackling labour shortage in EU Member States, 2021, p. 6.
    5
    The European Skills Agenda launched in 2020 presented the EU objectives for upskilling and reskilling in the next
    five years. The Skills Agenda also provides for the activation of the inactive EU population by promoting their
    integration into the labour market.
    EN 2 EN
    and exploitative working conditions, might deter third country nationals from looking for job
    opportunities in the EU. In addition, uncertainty about the accuracy, quality and
    comparability of qualifications and skills obtained abroad constitutes one of the main
    disincentives for EU employers and third country nationals to rely on international
    recruitment. The limited use of labour migration pathways to address the EU’s labour and
    skills shortages is also linked to the overall fragmentation of the migration framework
    which results in complex and cumbersome procedures that are difficult to understand and
    navigate both for employers and for third country nationals. In addition, there is an
    inconsistent and fragmented approach to cooperation with third countries on legal
    migration and the management of migration overall, which prevents the EU from attracting
    the talent it needs and fully using the potential of beneficial cooperation on overall migration
    management.
    For this purpose, the Pact on Migration and Asylum explicitly recognised the need to further
    explore the development of an EU Talent Pool. This initiative was formally announced in the
    Communication of the European Commission on ‘Attracting Skills and Talent’ of April
    20226
    .
    The EU Talent Pool aims at partially addressing the challenges mentioned above by
    facilitating the obtention of a job offer which is an essential pre-requisite to receive a visa or a
    residence permit related to work in line with the EU legal migration framework. In addition, it
    will provide more clear and transparent information on immigration, employment and
    recognition of qualifications rules in the Member States, therefore facilitating access to
    immigration and recognition procedures. Lastly, by providing a tool to implement job
    placements in the context of the Talent Partnerships, it will also contribute to improving
    cooperation on labour migration with third countries, while taking into account third countries
    concerns and labour market needs.
    The EU Talent Pool will be the first EU-wide platform aimed at facilitating international
    recruitment and providing opportunities for jobseekers from third countries that are interested
    and have the skills required to work in EU-wide shortage occupations. The online platform
    will support the matching of job vacancies of employers established in the Union with the
    profiles of jobseekers from third countries that are residing outside of the Union. It will be a
    voluntary tool for interested Member States. It will be open to low, medium, and highly-
    skilled jobseekers. Shortage occupations at all skills levels will be targeted by the EU
    Talent Pool, with additional facilitations for the implementation of the Talent Partnerships.
    The EU Talent Pool IT platform will integrate specific tools to facilitate the identification and
    matching, while benefitting from re-using certain IT components from the existing EURES
    Platform. This platform will also provide for additional services to support international
    recruitment including information provision on recruitment and immigration rules as well as
    recognition procedures, working and living conditions and specific support by National
    Contact Points in the participating Member States.
    Some Member States already recognised the key role of legal migration and developed talent
    attraction policies, for example by promoting specific schemes to streamline migration
    processes, the exclusion from the labour market test for certain shortage occupations and, in a
    few instances, international job matching platforms. Several Member States are currently
    receiving technical support to develop or implement labour migration reforms under the
    Commission’s Technical Support Instrument (TSI). Overall, the lack of a harmonised
    approach across Member States in attracting jobseekers from third countries, together with the
    6
    COM/2022/657 final.
    EN 3 EN
    potentially limited visibility of existing national platforms at the broader global level, reduces
    Member States’ ability to achieve economies of scale when developing talent attraction
    policies individually. Therefore, the EU Talent Pool will specifically support participating
    Member States in addressing some of the main challenges related to international
    recruitment.
    1.2 Consistency with existing policy provisions in the policy area
    This proposal follows up on the Commission’s Pact on Migration and Asylum, adopted on 23
    September 2020, which recognised legal migration as an essential part of the EU’s
    comprehensive approach to migration and committed to ‘further explore an EU Talent Pool
    for third-country skilled workers which could operate as an EU-wide platform for
    international recruitment’. The Pact also stressed that effective legal pathways can benefit the
    EU labour market and contribute to decreasing irregular migration.
    To ensure that the EU becomes more attractive and to improve the overall migration
    management, in April 2022 the Commission adopted the Skills and Talent Package which
    puts forward a set of initiatives to reach these goals. In particular, the package announced the
    intention to establish an EU Talent Pool. This was strongly supported by the European
    Parliament in its two resolutions on the legal migration policy of 20217
    as well as by the
    European Economic and Social Committee and the European Committee of the Regions in
    their opinions on the Skills and Talent Package8
    .
    Labour migration pathways are currently regulated by the EU legal migration acquis which
    establishes the terms for conferral and withdrawal of residence and work permits as well as
    the rights pertaining thereto. The existing legal migration Directives harmonise Member
    States’ conditions of entry and residence for certain categories of third country nationals,
    including for labour purposes. In this regard, the EU Talent Pool initiative would improve the
    use of the EU legal migration Directives. In particular, by making the legal migration
    legislative framework clearer, via the provision of online information and support services,
    the EU Talent Pool would facilitate access to procedures and, therefore, support international
    recruitment of third country nationals via legal pathways.
    In addition, the Commission is launching Talent Partnerships9
    with specific partner
    countries to boost international mobility and the development of skills in a mutually beneficial
    way, as part of a comprehensive approach to migration management. The Talent Partnerships
    are one of the key aspects of the external dimension of the Pact on Migration and Asylum and
    are operationalised in line with the Commission’s Communication on attracting skills and
    talent to the EU. The EU Talent Pool will support the implementation of the Talent
    Partnerships by providing a tool for an effective job placement of jobseekers from the partner
    countries participating in these partnerships. It will increase the effectiveness of the EU
    cooperation with third countries on legal migration and, as a consequence, of the overall
    migration management. The EU Talent Pool should also support the implementation of Talent
    Partnerships.
    7
    The European Parliament resolution of 20 May 2021 on new avenues for legal labour migration (2020/2010(INI));
    European Parliament resolution of 25 November 2021 with recommendations to the Commission on legal
    migration policy and law (2020/2255(INL).
    8
    Opinion of European Economic and Social Committee on the Communication from the Commission to the
    European Parliament, the Council, the European Economic and Social Committee and the Committee of the
    Regions — Attracting skills and talent to the EU of 28 February 2023, EESC 2022/02745. Opinion of the European
    Committee of the Regions on legal migration: Attracting skills and talent to the EU, COR 2022/03942.
    9
    Talent partnerships (europa.eu).
    EN 4 EN
    As confirmed in the 2020 Commission Recommendation on legal pathways to protection
    to the EU10
    , the Commission is also supporting Member States’ efforts in providing and
    enhancing legal and safe channels to the EU for those in need of international protection
    around the world. As the EU Talent Pool will be open to all jobseekers from third countries,
    including those in need of international protection, it will also support the operationalisation
    of the complementary pathways.
    1.3 Consistency with other Union policies
    The EU Talent Pool will complement EU policy initiatives which strive to address labour
    and skills shortages in the EU such as the European Skills Agenda11
    which recognises the
    need for a more strategic approach to legal migration, oriented towards better attracting and
    retaining talent to promote growth and innovation potential and channelling legal migration
    towards regions and occupations facing skills shortages.
    In addition, the EU Talent Pool will contribute to the achievement of the green and digital
    transition in the EU, in line with the Net Zero Industry Act12
    and the Green Deal Industrial
    Plan13
    which recognises the need for equipping the workforce with the skills necessary for
    this industrial transition.
    The EU Talent Pool is also consistent with the New European Innovation Agenda, as it
    would support startups and innovative businesses in finding jobseekers from third countries
    with the right skills and the Communication on the Long-term competitiveness of the EU14
    which also underlines the need to address skills shortages.
    The EURES network is the framework for cooperation between Member States to facilitate
    the exercise of the freedom of movement of workers within the Union. It supports intra-EU
    labour mobility by bringing together job vacancies and candidates’ CVs. While it is not open
    to the recruitment of third country nationals residing outside the Union, some of the well-
    established elements of EURES, such as the role of Public Employment Services, the
    provision of information on living and working conditions and the technical standards for the
    data exchange and data formats should be re-used to set-up the EU Talent Pool. In particular,
    Public Employment Services should play a key role in the implementation of the EU Talent
    Pool. Third country nationals already legally residing in the EU can rely on the support of
    national public employment services to find a job in the Member State in which they are
    staying. In addition, third country nationals legally residing in the EU can rely on EURES,
    once they enjoy the right to move and work in another EU Member State.
    In addition, the EU Talent Pool will target EU-wide shortage occupations, creating synergies
    with employment policy. In this regard, the role of the European Labour Authority (ELA),
    EUROFOUND and CEDEFOP in identifying the existing shortage occupations at EU level
    can be considered relevant together with the already established role and expertise developed
    in facilitating the matching of jobseekers and employers via the EURES platform. For the
    future, further synergies between the role of the ELA and the future governance and
    implementation of the EU Talent Pool should be explored.
    10
    C/2020/6467.
    11
    The European Skills Agenda launched in 2020 presented the EU objectives for upskilling and reskilling in the next
    five years.
    12
    COM/2023/161 final.
    13
    COM/2023/62 final.
    14
    COM/2023/168 final.
    EN 5 EN
    The EU Talent Pool is one of the key components of the Commission’s package on talent
    mobility as part of the European Year of Skills. The package also includes a Communication
    on skills and talent mobility, a proposal for a Commission recommendation on the recognition
    of qualifications of third country nationals, and a proposal for a Council recommendation
    ‘Europe on the Move’ – learning mobility opportunities for everyone. The adopted measures
    aim to facilitate talent mobility, support labour matching of third country nationals residing
    abroad, and help Member States and employers recognise their qualifications and validate
    their skills more efficiently. They will aim to increase the attractiveness of the EU to talent
    from outside Europe and to help ensure talent inside the EU can used to the full.
    In addition, the EU Talent Pool is consistent with the recently adopted Commission
    Communication on ‘Demographic change in Europe: a toolbox for action’. The
    Communication recognises that the ageing and shrinking of the EU population, if
    unaddressed, is expected to exacerbate labour shortages, increase pressure on public budgets
    and affect the EU’s competitive edge. It presents Member States with the comprehensive set
    of policy tools already available at the EU level to empower and support all generations in the
    EU to realise their life choices and their potential in the economy and society at large. The
    Communication also identifies to the need to address shortages through managed legal
    migration where necessary, in full complementarity with harnessing talents from within the
    EU.
    2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
    2.1 Legal basis
    The legal basis for Union action in this field is Article 79(2)(a) TFUE. This provision gives
    the power to the European Parliament and the Council, acting in accordance with the ordinary
    legislative procedure to adopt measures in the area of the conditions of entry and residence of
    third country nationals.
    The EU Talent Pool aims to facilitate recruitment of third country nationals residing abroad
    and wishing to work in the EU. As finding a job and obtaining a job offer is a pre-condition
    for third country nationals to acquire a right of entry and residence in a Member State in line
    with the EU legal migration framework, the action of the Union legislator which makes it
    easier for a third country national to receive a job offer from an employer in a Member State,
    as is the case of the EU Talent Pool, allows the third country nationals to fulfil this condition.
    The envisaged action of the Union legislator therefore falls within the area of the conditions
    of entry and residence of third country nationals.
    2.2 Subsidiarity (for non-exclusive competence)
    According to the principle of subsidiarity, EU action may only be taken if the envisaged aims
    cannot be achieved by Member States alone, but can be better achieved at Union level.
    The TFEU explicitly empowers the Union to develop a common immigration policy, so this is
    a clear objective to be pursued at EU level. At the same time, legal migration is an area of
    shared competence between the EU and the Member States, and Article 79 TFUE recognises
    the right of Member States to determine volumes of admission of third country nationals
    coming from third countries to their territory in order to seek work. The principle of
    subsidiarity applies since this is an area of shared competence.
    All Member States face skills and labour shortages that are expected to increase in view of the
    demographic challenges and requirements of the twin transition (green and digital). Member
    States already tackle these challenges by activating the national workforce, upskilling,
    EN 6 EN
    reskilling, fostering intra-EU mobility and improving working conditions in certain
    occupations. However, an important component of a comprehensive response to shortages is
    also legal migration.
    The limited recruitment of skilled third country nationals through existing labour migration
    channels to address labour and skills shortages has a strong cross-border component.
    While some Member States already recognise the key role of legal migration and have
    developed talent attraction policies, national initiatives and policies to improve international
    recruitment of third country nationals are widely fragmented and vary across Member States
    with regard to their scale of intervention.
    Only a few Member States have digital platforms and talent attraction tools at national
    level that specifically target jobseekers from third countries by offering job-search support
    and information relevant for international recruitment. However, their scope is often limited
    as they are mostly targeted to highly skilled workers (while the EU shortages concern all skill
    levels) and have limited functionalities. In addition, those tools are focused on national labour
    markets, hence not using the economies of scale EU cooperation can offer in attracting third
    country nationals.
    Therefore, the obstacles to recruitment of third country nationals cannot be addressed
    adequately by individual Member States.
    Member States acting alone, especially smaller Member States with less visibility worldwide,
    may not be able to attract enough potential workers from third countries. Therefore, initiatives
    at national level would not effectively address labour shortages across the EU, whereas a
    unified platform could help connect and bridge the gap between the supply of potential labour
    from third countries and demand of employers established in the Member States, thus
    attracting foreign talent more effectively compared to what Member States acting alone could
    achieve. Furthermore, there is fragmentation and lack of coordination between different
    existing national or private platforms, which could only be overcome by an EU-level platform
    providing a comprehensive and streamlined approach.
    The EU as a whole is more attractive for third country nationals interested in migration than
    the sum of its Member States individually. The EU Talent Pool, as one EU-wide job matching
    platform offering also transparent information on immigration and recruitment processes as
    well as support services would improve the overall efficiency of labour migration
    management at EU level and promote the EU as a destination for jobseekers from third
    countries with potential to fill skills gaps. Thanks to the economies of scale that can be
    achieved through EU cooperation, the EU would be better equipped to compete on the global
    stage in attracting foreign talent. This will ensure that a greater number of potential
    jobseekers with the skills in need are reached, and the labour needs of employers in each
    Member State are better addressed. It would send a clear message to jobseekers from third
    countries that the EU is ready to welcome them in its labour market, while providing
    protection against unfair recruitment and exploitative working conditions.
    2.3 Proportionality
    This initiative would not replace national initiatives and platforms in the context of
    international recruitment nor define Member States’ talent attraction policies. In addition, as
    the EU Talent Pool does not constitute a new legal migration pathway, it would not affect
    the right of Member States to determine volumes of admission of third country nationals to
    their territory nor their discretion in introducing labour market tests at national level. As a
    voluntary tool to facilitate international recruitment, the EU Talent Pool would offer
    additional support at EU level. The initiative is limited to those aspects that Member States
    EN 7 EN
    cannot achieve satisfactorily on their own, and where the Union is in a better position to act in
    view of achieving economies of scale. Thus, Member States would be able to maintain their
    tools in place and complement them with the new platform. Hence, this initiative would have
    the added-value of supporting Member States that are already developing talent
    attraction policies. Member States that do not have a similar tool in place would be able to
    use the EU Talent Pool instead of setting up their own platform. Overall, the EU Talent Pool
    would help to attract third country nationals’ workers from abroad where labour and skills
    shortages in the Member States cannot be sufficiently filled otherwise. In addition, by
    providing an EU-wide platform with a wider range of tools and services to facilitate
    international recruitment, the EU Talent Pool would ensure more visibility of EU employers’
    job vacancies at global level as well as a making a wider pool of potential candidates
    available to EU businesses.
    In the light of the above, the proposal does not go beyond what is necessary in order to
    achieve the stated objectives.
    2.4 Choice of the instrument
    The proposal is intended to establish the EU Talent Pool, an EU-wide platform aimed at
    facilitating international recruitment and providing opportunities for third-country nationals to
    work in EU-wide shortage occupations. The proposal sets the scope of application, the IT
    system architecture, the governance structure, the rules for jobseekers from third countries
    and employers’ participation in the EU Talent Pool and the overall functioning of the EU
    Talent Pool, including information provision and support services.
    The EU Talent Pool is a voluntary tool. Member States are therefore free to decide to join it or
    not. The intention to participate shall be notified to the Commission. Only employers
    established in the participating Member States will be able to publish their job vacancies on
    the EU Talent Pool IT platform.
    The establishment of an EU-wide platform requires directly applicable rules. Such rules,
    which are sufficiently clear, detailed and unconditional should be applied in a uniform manner
    in all participating Member States, do not require any transposition measures. Therefore, a
    Regulation is the most appropriate instrument to achieve the objectives of the proposal.
    3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
    CONSULTATIONS AND IMPACT ASSESSMENTS
    3.1 Stakeholder consultations
    Between 23 September and 30 December 2020, a public consultation on the future of legal
    migration was launched in the framework of the New Pact on Migration and Asylum15
    . This
    public consultation aimed to identify areas where the EU framework on legal migration could
    be further improved, including through possible new legislation. Questions relevant for the
    establishment of an EU Talent Pool were included (4 out of 13 questions).16
    Replies to the
    public consultation came from EU citizens, organisations and third-country nationals (residing
    inside or outside the EU), business associations and organisations, non-governmental
    organisations, academic/research institutions, trade unions, ministries and public service
    entities.
    15
    https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12594-Public-consultation-on-legal.
    16
    Questions concerned the identification of occupations in which the EU will mostly need to recruit third-country
    nationals in the coming years, the main objectives the EU Talent Pool should achieve and possible admission
    criteria to the EU Talent Pool, with a final open question on how to improve the EU legal migration policy.
    EN 8 EN
    Extensive consultations were conducted with relevant stakeholders in the context of the
    OECD feasibility study on the Talent Pool17
    , finalised in June 2022. These included
    relevant public and private sector actors, at the European, national, and regional level, as well
    as academics and experts. Public sector actors included relevant ministries, regional entities,
    national talent attraction initiatives, and employment services. Private sector actors included
    employer representatives, multinational companies, unions, and recruitment agencies.
    European Commission services, and competent EU agencies were also consulted.
    As part of the preparation of the Skills and Talent Package, targeted consultations, including
    on the EU Talent Pool, were organised with Member States, including Public Employment
    Services, and expert groups working on migration related aspects.
    Between March and June 2023, the Commission organised extensive targeted consultations to
    contribute to the Impact Assessment on the EU Talent Pool. These consultations covered
    more technical questions compared to the ones included in the public consultation and the
    OECD feasibility study. Targeted consultations were conducted by the Commission with a
    wide range of stakeholders including EU institutions and agencies, international
    organisations, competent authorities in the Member States, non-governmental organisations,
    economic and social partners, trade unions, and employers’ associations.
    In addition, a Call for Evidence on the EU Talent Pool providing a detailed explanation of the
    planned initiative was published on the website ‘Have Your Say’18
    . A total of 45 stakeholders,
    including networks, non-governmental organisations, economic and social partners, local and
    regional authorities in the Member States as well as EU citizens contributed by providing
    their feedback.
    Most of the stakeholders consulted welcomed the proposed initiative and acknowledged its
    potential to provide added value in addressing labour and skills shortages by facilitating
    international recruitment and contributing to reduce existing barriers. In particular, it was
    recognised that the EU Talent Pool could provide clear information and guidance throughout
    the recruitment process. The vast majority of stakeholders favoured the development of a
    voluntary tool open to Member States interested in participating. Most stakeholders welcomed
    the option of a demand driven tool based on actual labour market needs and open to all skills
    levels whilst targeted EU-wide shortage occupations in a first stage with the possibility to
    expand its scope over time. Several stakeholders stressed the need to ensure appropriate
    protection of third country nationals against the risk of unfair recruitment and exploitative
    working conditions. The need to ensure protection of personal data in developing such tool
    was also mentioned. The importance of building on existing recruitment tools at EU and
    national level was highlighted, in particular the need to ensure interoperability between those
    tools. The involvement of economic and social partners, especially trade unions and national
    and local authorities in the design and implementation of the initiative was recommended.
    The main problems identified in the consultations have been taken into account and addressed
    in the proposal.
    17
    The OECD feasibility study covered the assessment of three possible scenarios for the development of the EU
    Talent Pool as well as the cost-benefit analysis for each version. The study assessed in detail the possible legal
    framework, governance, scope of application as well as functionalities of the future EU Talent Pool. See OECD
    feasibility study on the Talent Pool.
    18
    https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13716-EU-Talent-Pool_en.
    EN 9 EN
    3.2 Collection and use of expertise
    The Impact Assessment on the establishment of an EU Talent Pool was supported by a study
    carried out by an external contractor. Furthermore, a number of expert groups were consulted
    on the EU Talent Pool proposal: the Expert Group on Economic Migration, the Legal
    migration practitioners’ Network, the Expert Group on the Views of Migrants in the field of
    Migration, the Expert group on the recognition of professional qualifications, the European
    Qualifications Framework Advisory Group.
    In addition, Member States’ representatives were consulted in the context of European Labour
    Migration Platform and the meeting of the Advisers for European Public Employment
    Services (AFEPAs).
    3.3 Impact assessment
    In line with its ‘Better Regulation’ policy, in the preparation of the proposal, the Commission
    conducted an Impact Assessment that evaluated three policy options:
    Option 1: Soft measures aiming at improving information provision and facilitating
    identification and matching (non-legislative option)
    This option consisted of a set of non-legislative measures aiming at improving information
    provision and facilitating identification and matching. It envisaged i) the improvement of
    the EU Immigration Portal, ii) the organisation of job-matching events, and iii) the
    development of an online catalogue of pseudonymised profiles of jobseekers from third
    country nationals set up by Member States, following a Commission Recommendation. A
    Network of National Coordinators would facilitate the connection between interested
    employers and candidates.
    Option 2: Developing an EU Talent Pool targeted to address labour market needs in key
    occupations (legislative option)
    This option envisaged a legislative action for the establishment of an EU Talent Pool. It
    would entail the development of an online platform bringing together profiles registered by
    jobseekers from third countries residing outside the Union and job vacancies from employers
    established in the Union. The tool would be open to all skills levels while at the same time
    targeted to address EU-wide shortage occupations (including regional considerations). In
    addition, it would become a tool to support the implementation of Talent Partnerships by
    channelling jobseekers from third country nationals who participated in a Talent Partnership
    to a job placement with employers established in the relevant Member State. The EU Talent
    Pool would also be a voluntary system allowing only interested Member States to
    participate. The EU Talent Pool platform would integrate specific tools to facilitate the
    identification and matching between jobseekers and employers (e.g. automated matching
    tool), while benefitting from re-using certain EURES IT components. Online information on
    recruitment, immigration and recognition procedures in the Member States would be available
    on the platform. Personalised support and guidance would also be provided by the National
    Contact Points established in the participating Member States and responsible for the practical
    implementation of the tool. Under this option Member States may decide to introduce
    facilitation measures aimed at making the recruitment process easier and faster (e.g. fast-track
    immigration procedures).
    Option 3: Developing an EU Talent Pool as a fully demand-driven tool (legislative
    option)
    As for option 2, this option envisaged a legislative action for the establishment of an EU
    Talent Pool and the development of an online platform bringing together profiles registered
    EN 10 EN
    by jobseekers from third countries residing outside the Union and job vacancies from
    employers established in the Union. However, the tool would be a completely market-driven
    tool open to all jobseekers from third countries and to all employers regardless of their
    occupations. It would be driven by employers’ needs rather than integrating them into a
    broader strategic consideration of the labour market situation and other policy objectives at
    EU and national level. The EU Talent Pool would be a voluntary system allowing only
    interested Member States to join. Under this option, the development of an IT platform would
    entail a completely new IT solution developed via a job-matching system that is fully based
    on AI-based algorithms and cutting-edge technologies inspired by existing private sector
    platforms (EURES IT components would not be re-used). As per Option 2, the platform
    would integrate specific tools to facilitate the identification, search, and matching (e.g.
    automated matching tool) and online information would be available. Personalised support
    and guidance would also be provided by the National Contact Points established in the
    participating Member States and responsible for the practical implementation of the tool.
    Under this option Member States would have an obligation to introduce fast-track
    immigration and recognition procedures and/or exclusion from the labour market test.
    On the basis of an assessment of the social and economic impacts, the effectiveness and
    efficiency of the policy options, and their political feasibility and stakeholder acceptance, the
    preferred option is Option 2.
    The preferred Option would allow to address employers’ needs whilst taking into account a
    broader strategic consideration of the labour market situation and other policy
    objectives at EU and national level. It would be open to all skills levels whilst providing a
    flexible mechanism to identify and address labour and skills shortages in a more strategic and
    structural manner. The voluntary nature allows interested Member States to maintain their
    tools in place and complement them with the new platform, therefore offering additional
    support at EU level. Making the EU Talent Pool the tool for job placements in the context of
    the Talent Partnerships would facilitate the implementation of this initiative and, hence,
    indirectly contribute to the overall migration management by incentivising cooperation with
    third countries on migration.
    Overall, the preferred Option would benefit employers and third country nationals as it
    would make international recruitment faster, easier and more effective. While it would imply
    costs linked to the development and management of the platform both at EU and national
    level, re-using certain IT elements of EURES would allow higher savings in terms of
    resources. In addition, synergies with EURES would allow to build on the well-established
    expertise of this network on recruitment procedures. The use of a legislative action would
    allow to include appropriate safeguards and ensure transparency and accountability on
    fundamental rights protection, in particular with regard to protection of personal data and
    the risk of exploitative working conditions.
    3.4 Regulatory fitness and simplification
    While this proposal is not expected to result in any direct simplification of a regulatory burden
    itwould be particularly beneficial for EU business and employers since by facilitating
    international recruitment they will have an easier, quicker, and wider, access to labour
    resources from third countries. The envisaged support to international recruitment would be
    particularly beneficial for SMEs as they are likely to bear a disproportionate burden when
    hiring third country nationals in comparison to large enterprises due to more limited
    resources. Given its targeted nature focusing on EU-wide shortage occupations, the proposal
    has the potential to be particularly beneficial for EU business and employers working in
    EN 11 EN
    strategic sectors suffering from structural shortages such as those sectors linked to the green
    and digital transition. The preferred option is not expected to have detrimental impacts on
    EU citizens because it will integrate broader strategic considerations of the labour market.
    3.5 Fundamental rights
    This initiative is consistent with the Charter of Fundamental Rights and enhances the right to
    engage in work and choose an occupation (Article 15), fair and just working conditions
    (Article 31), the right to good administration (Article 41)19
    and non-discrimination (Article
    21)20
    . In addition, the EU Talent Pool is also consistent with the requirements under Article 8
    on the protection of personal data and the EU data protection legislation, especially the
    General Data Protection Regulation and the Data Protection Regulation for EU institutions,
    bodies, offices and agencies21
    . In particular, the proposed Regulation sets out the purposes of
    the processing as well as clear roles and responsibilities as regards the protection of personal
    data. Personal data are processed only to the extent necessary for the performance of the tasks
    assigned in the public interest to competent authorities, as laid down in this Regulation.
    4. BUDGETARY IMPLICATIONS22
    As this initiative is voluntary, only interested Member States would be participating in the EU
    Talent Pool. Certain costs and impacts vary depending on the number of Member States. For
    the purpose of assessing potential budgetary implications of the proposal, while taking into
    account its voluntary nature and the fact that some Member States may decide to join once the
    system is fully operational, it was assumed that a minimum of 11 Member States and a
    maximum of 20 Member States would participate in the EU Talent Pool by 203023
    with
    further Member States joining afterwards. This assumption does not prejudge Member States’
    choices and the budget will be adjusted depending on the number of the Member States
    participating in the EU Talent Pool. It is the Commission’s intention to encourage the highest
    possible number of Member States to join the EU Talent Pool.
    A range of costs estimated under each scenario is presented below.
    The preferred option will imply:
    19
    It would facilitate access to employment in the EU and limit administrative burden of multiple national procedures.
    20
    In particular with regard to recruitment practices and working conditions.
    21
    Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of
    natural persons with regard to the processing of personal data and on the free movement of such data, and repealing
    Directive 95/46/EC (General Data Protection Regulation) and 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.
    22
    With regard to the costs after 2027, they are indicative and do not prejudge the available budget for the initiative
    under the future MFF.
    23
    As explained in detailed in the Staff Working Document accompanying the legislative proposal, this assumption
    was based on a number of considerations. Whilst the initiative would be designed to be attractive for as many
    Member States as possible, it is likely that their participation would be a gradual process with only some Member
    States joining in the first years of operation and a progressive increase expected in the long run. Therefore, it was
    assumed that Member States with a stronger interest may join from the outset, while others will follow after. In the
    long run, a higher uptake of the initiative is foreseen as demonstrated by the fact that the large majority of Member
    States consulted welcomed the initiative. In addition, it can be reasonably assumed that several Member States will
    join in view of the pressing needs related to the challenging demographic situation which would require to rely on
    legal migration to address future skills and labour shortages that cannot be sufficiently addressed by the EU
    domestic workforce.
    EN 12 EN
    1) One-off costs for the IT development (2026-2027)
    IT costs are linked to the development of a new IT platform by partially re-using certain IT
    components of EURES. The vast majority of the IT costs is envisaged at EU level for the
    development of the relevant infrastructure which includes, for instance, the core system, the
    creation of the pre-screening tool, the creation of a database for profiles of jobseekers from
    third countries as well as relevant adaptations of the EURES components (e.g. automatic
    matching tool). These costs also cover interoperability between the relevant Member States’
    national systems and the EU Talent Pool IT platform.
    – Funding within the Commission: EUR 6 722 056 – 6 804 539 (with 11 to 20 Member
    States participating);
    – Funding for the interoperability of the Member States’ national systems with the EU
    Talent Pool (for the Commission): EUR 2 672 400 – 4 175 625 (with 11 to 20
    Member States participating).
    2) Recurrent yearly costs for governance and non-IT related issues (as from 2026):
    Additional staff at EU level would be required as the EU Talent Pool Secretariat would be
    established within the Commission24
    . There will be also costs for the Commission for
    activities linked to the coordination of the National Contact Points, training, communication,
    translation and the provision of online information.
    In addition, National Contact Points would be designated in the Member States (as from
    2026). In view of the link with the Talent Partnerships, the EU Talent Pool can facilitate job
    placements of job seekers who developed or validated their skills in the context of a Talent
    Partnership and acquired an “EU Talent Partnership pass” certifying it (after 2027).
    – Funding for the Commission: EUR 5 426 500 – 6 000 000 per year.
    – Funding for the Member States (to be covered by AMIF): EUR 9 440 000 – 16 040
    000: EUR 8 000 000 – 14 600 000 for the designated National Contact Points (as
    from 2026) and EUR 1 440 000 (after 2027) for the administrative support for
    issuing the “EU Talent Partnership passes” (both these categories of costs to be
    covered by AMIF).
    3) Recurrent yearly costs related to IT in the operation phase (after 2027):
    – Funding for the Commission: EUR 1 906 255 – 1 947 497 for maintenance of the EU
    Talent Pool IT platform, developing its additional features and infrastructure during
    the first two years of its operation (with the costs reducing gradually in the following
    years).
    – Funding for the Member States (from the national budgets): EUR 348 075 – 543 867
    of yearly costs related to the maintenance of interoperability between Member
    States’ national systems and the EU Talent Pool IT platform for all participating
    Member States during the first two years of the operation of the system, assuming
    that between 11 to 20 Member States will join the EU Talent Pool by 2030 (with the
    costs reducing gradually in the following years).
    24
    It is estimated that 13 staff would be needed in the Commission for all tasks related with the EU Talent Pool. This
    staff will arrive gradually, depending on the stage of the evolution of the initiative. Until 2027 there would be 10
    staff needed. Costs after 2027 are indicative and do not prejudge the available budget for the initiative under the
    future MFF.
    EN 13 EN
    Budgetary implications and the human and administrative resources required are detailed in
    the legislative financial statement.
    5. OTHER ELEMENTS
    5.1 Implementation plans and monitoring, evaluation and reporting arrangements
    Throughout the implementation phase the Commission will organise regular meetings with
    participating Member States via the EU Talent Pool Steering Group to discuss and clarify any
    issues that may arise. By 2031 (after an estimated three years of operation of the EU Talent
    Pool) and every five years after, the Commission will present to the European Parliament, the
    Council, the European Economic and Social Committee and the Committee of the Regions a
    report evaluating the implementation, functioning and impact of the EU Talent Pool.
    The implementation of the EU Talent Pool will be monitored against the main policy
    objectives using a number of relevant and measurable indicators based on easily available,
    accepted and credible data sources. In particular, the following data will be gathered: i) the
    number and type of profiles of jobseekers from third-countries registered in the EU Talent
    Pool IT platform; ii) the number and type of job vacancies registered in the EU Talent Pool IT
    platform; iii) the number of visits on the EU Talent Pool IT platform; iv) the number of job
    placements facilitated via the EU Talent Pool; v) the number of ‘EU Talent Partnerships
    passes’ issued, vi) the number and type of placements facilitated via the EU Talent Pool in the
    context of the Talent Partnerships. The performance of the EU Talent Pool would be regularly
    monitored by the EU Talent Pool Secretariat.
    Existing EU agencies and networks, such as the Fundamental Rights Agency, the European
    Migration Network, and the Commission Knowledge Centre on Migration and Demography
    can be used to undertake punctual research into themes related to implementation of the EU
    Talent Pool. The Commission will also continue making use of the existing expert groups that
    contributed to the impact assessment.
    5.2 Detailed explanation of the specific provisions of the proposal
    CHAPTER I - GENERAL PROVISIONS
    Articles 1 – 4
    This Chapter sets out the subject matter, the scope and the definitions set for the purpose of
    the proposal.
    The proposal establishes an EU Talent Pool available to all Member States to facilitate the
    recruitment of jobseekers from third countries residing outside the Union, including those in
    need of international protection who are in third countries.
    The EU Talent Pool is a voluntary tool which offers additional support at EU level to
    interested Member States to facilitate international recruitment. Member States would be able
    to maintain any existing tools in place and complement them with the new platform. As
    Member States remain free to decide whether they want to join, clear rules on their
    participation are set in Article 3. In particular, Member States may decide at any time to join
    the EU Talent Pool. These decisions shall be notified to the Commission at the latest 9 months
    beforehand. Only employers established in the participating Member States would be able to
    use the EU Talent Pool to publish their job vacancies on the platform.
    Information on the participating Member States will be published on the platform to ensure
    transparency on the scope of application of this Regulation.
    EN 14 EN
    CHAPTER II – IT SYSTEM ARCHITECTURE
    Articles 5 and 6
    Article 5 of the proposal establishes a new IT platform (EU Talent Pool IT platform) which
    brings together and supports the matching of profiles of jobseekers from third countries
    residing outside the Union and job vacancies of employers established in the participating
    Member States. For this purpose, the relevant IT components to be developed are listed in
    Article 5(2). In addition, the adoption of implementing acts is foreseen to define uniform
    technical standards for data exchange, data formats, job vacancies and jobseekers’ profiles
    formats.
    With a view to reducing the resource implications of developing a new IT platform, the EU
    Talent Pool IT platform should be developed by using the existing Commission-owned IT
    infrastructure to the extent possible.
    In order to ensure that the EU Talent Pool offers an effective support tool to the participating
    Member States, interoperability between national systems and the EU Talent Pool IT platform
    is ensured. This would allow the competent authorities in the participating Member States - in
    addition to registered jobseekers from third countries and employers participating in the EU
    Talent Pool - to access job vacancies and jobseekers’ profiles registered in the national and EU
    databases in one go.
    As the operation of the EU Talent Pool IT platform involves the processing of personal data
    of registered jobseekers from third countries and employers participating in the EU Talent
    Pool, Article 6 of this proposal provides for rules concerning the processing of personal data,
    including the definition of data controllers and of those who can access personal data in the
    EU Talent Pool as well as provisions on jobseekers’ rights in this context. The adoption of
    implementing acts is foreseen to provide more specific rules, including on the definition of the
    subcategories of personal data to be processed, responsibilities of data controllers and the
    conditions for accessing personal data.
    CHAPTER III - GOVERNANCE
    Articles 7 – 10
    These provisions identify the relevant authorities responsible for the governance of the EU
    Talent Pool and their roles and responsibilities.
    An EU Talent Pool Secretariat is established in Article 8 to ensure the overall management of
    the EU Talent Pool, including the setting up and management of the EU Talent Pool IT
    platform.
    The EU Talent Pool Steering Group, set out in Article 9, is composed of representatives of the
    participating Member States (representatives of Member States not participating may
    participate in the meetings as observers) and is aimed at providing support on a number of
    aspects relevant for the implementation of the EU Talent Pool, including with regard to the
    planning and coordination of the activities of the EU Talent Pool. This group may also offer a
    forum of discussion to facilitate Member States’ exchanges on the implementation of
    accelerated immigration procedures to facilitate the recruitment of jobseekers from third
    countries matched with employers via the EU Talent Pool IT platform.
    As defined in Article 10, each participating Member State shall designate the EU Talent Pool
    National Contact Points which are responsible for the implementation of the EU Talent Pool
    at national level. In particular, the EU Talent Pool National Contact Points shall transmit job
    vacancies to the EU Talent Pool IT platform and notify the EU Talent Pool Secretariat the
    EN 15 EN
    national list of shortage occupations as well as the shortage occupations removed from or
    added to the EU-wide list of shortage occupations pursuant to Article 15(1).
    CHAPTER IV – REGISTRATION OF JOBSEEKERS FROM THIRD COUNTRIES AND
    PARTICIPATION OF EMPLOYERS IN THE EU TALENT POOL
    Article 11 – Registration and access of jobseekers from third countries
    Article 11 provides rules on the registration and access of jobseekers from third countries in
    the EU Talent Pool IT platform. After having registered their profiles via the Europass profile
    builder tool, registered jobseekers from third countries become visible to employers and are
    allowed to search for job vacancies in the platform.
    Article 12 – Profile registration and access of jobseekers from third countries in the context of
    Talent Partnerships
    The EU Talent Pool IT platform will offer a tool to implement the Talent Partnerships by
    facilitating job placements in this context. To this purpose, Article 12 sets out specific rules
    for the participation of jobseekers from third countries in the context of a Talent Partnership.
    Jobseekers from third countries who participated in a Talent Partnership should receive an
    ‘EU Talent Partnership pass’ which certify the skills developed or validated in the context of a
    Talent Partnership. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall
    be endorsed by the Member States in the framework of the relevant Talent Partnership. An
    implementing act is foreseen for the adoption of templates for the format of this pass.
    Once the profiles of these jobseekers are registered in the EU Talent Pool IT platform, the
    ‘EU Talent Partnership pass’ becomes visible to employers.
    Jobseekers from third countries having obtained an ‘EU Talent Partnership pass’ received
    support for the development and validation of skills in a framework agreed between
    participating Member States and partner countries. These activities may be targeted to the job
    market of one or more Member States participating in the Talent Partnership, who may
    contribute, also financially, to developing and implementing this support. Hence, Member
    States participating in the relevant Talent Partnership may decide to limit the visibility of
    profiles of 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
    participating in that same Talent Partnership.
    Article 13 – Participation of employers in the EU Talent Pool
    Article 13 lays down rules on the participation of employers in the EU Talent Pool.
    Employers’ job vacancies are transferred to the EU Talent Pool IT platform by the EU Talent
    Pool National Contact Points. As the EU Talent Pool targets certain shortages occupations,
    only job vacancies falling within the list of EU-wide shortage occupations (Article 14), the
    national adjustments to this list (Article 15) and those relevant for a Talent Partnership are
    transferred to the platform. In order to be transferred to the platform those job vacancies shall
    also be open to the recruitment of jobseekers from third countries in accordance with the
    principle of preference for Union citizens.
    Employers participating in the EU Talent Pool shall comply with the relevant Union national
    law and practice. Jobseekers from third countries are thereby protected from discrimination,
    the risk of unfair recruitment and inadequate working conditions.
    Article 14 -15 – List of EU-wide shortage occupations and national adjustments to the list
    To better support participating Member States’ efforts in addressing existing and future labour
    shortages, the EU Talent Pool should specifically target the most relevant occupations. For
    EN 16 EN
    this purpose, a list of EU-wide shortage occupations at the ISCO-08 4-digit level is set out in
    the Annex to this Regulation. The EU-wide list may be amended by the Commission via
    delegated acts taking into account shortage occupations common to a significant number of
    the participating Member States and occupations which contribute directly to the EU green
    and digital transitions. The participating Member States may decide to add to or remove from
    the EU-wide list shortage occupations in order to satisfy their specific labour market needs.
    The national adjustments shall only affect the matching of job vacancies in the Member State
    concerned.
    Article 16 – Search and matching
    Registered jobseekers from third countries and employers participating in the EU Talent Pool
    shall be able to search for each other on the IT platform via a search function providing with
    filters. Specific filters shall be available to identify profiles of jobseekers having an ‘EU
    Talent Partnership pass’.
    In addition, an automated matching tool embedded in the IT platform generates a list of
    suggested jobseekers’ profiles and job vacancies. The list is based on the relevance of the
    skills, qualifications and work experiences declared in the profile vis-à-vis those required for
    a specific job vacancy.
    CHAPTER V – INFORMATION PROVISION, SUPPORT SERVICES AND
    ACCELERATED IMMIGRATION PROCEDURES
    Article 17 - Information provision and support services
    In order to facilitate recruitment by making the relevant rules applicable in the different
    Member States more understandable and transparent for employers and jobseekers from third
    countries, online information is provided on the EU Talent Pool IT platform, in particular
    with regard to recruitment, immigration and recognition procedures.
    In addition, with a view to ensuring adequate protection of jobseekers from third countries
    recruited via the EU Talent Pool, information on available redress mechanisms in the
    participating Member States is included.
    With regard to the post-selection assistance, Article 17(3) requires the EU Talent Pool
    Contact Points to provide guidance and information upon request from registered jobseekers
    from third countries and employers participating in the EU Talent Pool on family
    reunification procedures and family members’ rights, national integration measures and
    organisations which offer post-recruitment assistance for third country nationals. Such
    information should also include available redress mechanisms for cases of labour exploitation
    and unfair recruitment practices in the participating Member States.
    Article 18 – Facilitation of complaints
    In order to ensure effective protection of registered jobseekers from third countries, Article 18
    imposes on Member States an obligation to ensure that effective mechanisms are in place to
    enable registered jobseekers from third countries to lodge a complaint in case of a breach by
    the employers participating in the EU Talent Pool of the obligations laid down in Article 13.
    In accordance with Article 10, access of employers participating in the EU Talent Pool shall
    be suspended and their job vacancies shall be removed by the EU Talent Pool National
    Contact Points in case a breach of relevant Union and national law and practice to ensure third
    country nationals’ equal treatment and protection against unfair recruitment and inadequate
    working conditions pursuant to Article 13 is notified by the relevant national authorities
    responsible the relevant law and practice.
    EN 17 EN
    Article 19 – Accelerated immigration procedures
    To make the recruitment of registered jobseekers from third countries residing abroad easier
    and faster for employers, Article 19 introduces the possibility for participating Member States
    to 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 Unition citizens.
    CHAPTER VI – FINAL PROVISIONS
    Articles 20 – 24
    These Articles lay down rules on monitoring, reporting, the exercise of delegation and the
    adoption of implementing acts and the entry into force of this Regulation.
    EN 18 EN
    2023/0404 (COD)
    Proposal for a
    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    ESTABLISHING AN EU TALENT POOL
    THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty on the Functioning of the European Union, and in particular
    Article 79(2), point (a), thereof,
    Having regard to the proposal from the European Commission,
    After transmission of the draft legislative act to the national parliaments,
    Having regard to the opinion of the European Economic and Social Committee25
    ,
    Having regard to the opinion of the Committee of the Regions26
    ,
    Having regard to the opinion of the European Data Protection Supervisor27
    ,
    Acting in accordance with the ordinary legislative procedure,
    Whereas:
    (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.
    (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.
    (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
    25
    OJ C , , p. .
    26
    OJ C , , p. .
    27
    OJ C , , p. .
    EN 19 EN
    the Union and job vacancies of employers established in the participating Member
    States.
    (4) The Recommendation of the Commission on legal pathways to protection in the EU28
    encourages Member States to put in place and support complementary labour
    pathways for those in need of international protection29
    . The EU Talent Pool could
    also support the operationalisation of the complementary pathways.
    (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.
    (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.
    (7) The EU Talent Pool should also support the implementation of Talent Partnerships,
    which are one of the key aspects of the external dimension of the Pact on Migration
    and Asylum30
    and are operationalised in line with the Commission’s Communication
    on attracting skills and talent to the EU31
    . The participation of a Member State in the
    Talent Partnership should be without prejudice to their decision on the participation in
    the EU Talent Pool.
    (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.
    (9) An EU Talent Pool IT platform should be developed by using existing Commission-
    owned IT infrastructure to the extent possible. The IT infrastructure developed in the
    framework of EURES could be partially re-used for the EU Talent Pool IT platform,
    including the single coordinated channel and the automated matching tool with
    relevant adaptations, including to duly take into account the ‘EU Talent Partnership
    pass’.
    28
    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.
    29
    “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.
    30
    COM/2020/609 final.
    31
    COM/2022/657 final.
    EN 20 EN
    (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.
    (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) 2016/58932
    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.
    (12) Tasks should be assigned to the EU Talent Pool Secretariat and the EU Talent Pool
    National Contact Points to ensure the search and matching functions of the EU Talent
    Pool IT platform. These tasks should be considered as tasks carried out in the public
    interest for the performance of which it is necessary to process personal data, as
    referred to in Article 5(1), point (a) of Regulation (EU) 2018/172533
    , and Article 6(1),
    point (e) of Regulation (EU) 2016/67934
    , respectively. The processing of personal
    data, it should be carried out in compliance with Article 8 of the Charter of
    Fundamental Rights of the European Union, and Regulations (EU) 2018/1725 and
    (EU) 2016/679 of the European Parliament and of the Council.
    (13) The processing for the purpose of the search and matching functions of the EU Talent
    Pool IT platform should be limited to personal data necessary to identify the registered
    jobseekers from third countries and employers participating in the EU Talent Pool, to
    enable the search and matching on the EU Talent Pool IT platform as well as for data
    collection to improve the functioning of the Talent Pool. This should not require
    processing any personal data referred to in Article 9 of Regulation (EU) 2016/679 and
    Article 10 of Regulation (EU) 2018/1725.
    32
    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).
    33
    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).
    34
    Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of
    natural persons with regard to the processing of personal data and on the free movement of such data and repealing
    Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1, ELI: http://data.europa.eu/eli/reg/2016/679/oj).
    EN 21 EN
    (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.
    (15) Without prejudice to their obligation to inform data subjects about the processing of
    their personal data and their rights as data subjects in accordance with Articles 12 and
    13 of Regulation (EU) 2016/679 and Articles 14 and 15 of Regulation (EU)
    2018/1725, the EU Talent Pool Secretariat and the EU Talent Pool National Contact
    Points should also inform registered jobseekers and employers participating in the EU
    Talent Pool about their rights to technically restrict access to their personal data and to
    require, at any time, the deletion or modification of their personal data included in
    their profiles.
    (16) The EU Talent Pool should contribute to the objective of discouraging irregular
    migration including by facilitating access to existing legal pathways. Jobseekers from
    third countries who are subject to a judicial or administrative decision refusing the
    entry or stay in a Member State or an entry ban in accordance with Directive
    2008/115/EC of the European Parliament and of the Council35
    , should not be allowed
    to register their profiles in the EU Talent Pool IT platform, given that they will not be
    permitted to enter and stay in the Union. To this end, jobseekers from third countries
    should be required, before registering their profiles in the EU Talent Pool, to declare
    that they are not currently subject to a refusal of entry or stay in a Member State or an
    entry ban to the territory of the Union. Information should also be provided on the
    consequences for making a false declaration in this respect.
    (17) Jobseekers from third countries wishing to register in the EU Talent Pool should create
    a profile using the Europass36
    profile builder functionality enabling to create a free
    profile and report the relevant skills, qualifications, and other experiences in one
    secure online location.
    (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.
    (19) In the context of Talent Partnerships, nationals of selected third countries receive
    support for the development and validation of skills in a framework endorsed by
    Member States taking part in a Talent Partnership and partner countries. Therefore, the
    35
    Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards
    and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p.
    98, ELI: http://data.europa.eu/eli/dir/2008/115/oj).
    36
    Decision (EU) 2018/646 of the European Parliament and of the Council of 18 April 2018 on a common framework
    for the provision of better services for skills and qualifications (OJ L 112, 2.5.2018, p. 42, ELI:
    http://data.europa.eu/eli/dec/2018/646/oj).
    EN 22 EN
    skills developed or validated in the framework of a Talent Partnership should be
    certified by the ‘EU Talent Partnership pass’ which is visible in the context of the EU
    Talent Pool. Employers participating in the EU Talent Pool should be able to filter the
    profiles of registered jobseekers from third countries as to visualise those having
    obtained an ‘EU Talent Partnership pass’. This could encourage employers to offer a
    job placement in the Union. Member States, in the framework of a Talent Partnership,
    should determine the conditions for the issuing of the ‘EU Talent Partnership pass’ for
    the purpose of the EU Talent Pool, including whether a partner country’s national
    authority, an international organisation or other stakeholder should support its deliver.
    The issuing of a ‘EU Talent Partnership pass’ is without prejudice to European and
    national rules on access to regulated professions.
    (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.
    (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.
    (22) The principles of the European Pillar of Social Rights should apply for all activities
    conducted in the context of the EU Talent Pool, in particular with regard to the right to
    fair and equal treatment with respect to working conditions, minimum wages, access
    to social protection, training, and protection of youth people at work. In accordance
    with those principles, the EU Talent Pool should ensure quality employment.
    (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 2011/9837
    , Directive
    37
    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).
    EN 23 EN
    2014/36/EU38
    , Directive 2021/1883/EU39
    , and Directive 2016/801/EU40
    . In
    accordance with Directive 2019/1152/EU41
    , 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/EC42
    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.
    (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.
    (25) The EU Talent Pool platform should meet established needs on the labour market and
    should not serve as a means to displace or negatively affect the existing workforce or
    otherwise undermine decent work or fair competition. To better support Member
    States’ efforts in addressing existing and future labour shortages, the EU Talent Pool
    should target specific occupations at all skills levels, based on the most common
    shortage occupations in the Union and on the occupations with a direct contribution to
    the green and digital transitions, set out in the Annex to this Regulation. In order to
    adapt the job vacancies to the specific needs of the national labour markets and taking
    as a starting point the list of EU-wide shortage occupations set out in the Annex,
    participating Member States shall be allowed to notify to the EU Talent Pool
    Secretariat the addition or removal of specific shortage occupations. Such notifications
    should only impact the matches for job vacancies submitted by the respective Member
    38
    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).
    39
    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).
    40
    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).
    41
    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).
    42
    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).
    EN 24 EN
    State. Neither the list of EU-wide shortage occupations nor the Member States’
    notifications should affect the principle of preference for Union citizens.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    EN 25 EN
    (32) Since the objectives of this Regulation, namely the establishment of a Union-wide
    platform aimed at addressing labour shortages at Union level by facilitating the
    recruitment of third country nationals to work in EU-wide shortage occupations,
    cannot be sufficiently achieved by the Member States due to the lack of effective
    channels and the limited visibility at global level, but can rather, by reason of the scale
    of the action, be better achieved at Union level, the Union may adopt measures, in
    accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on
    European Union. In accordance with the principle of proportionality, as set out in that
    Article, this Regulation does not go beyond what is necessary in order to achieve those
    objectives.
    (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-Making43
    . 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.
    (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 Council44
    .
    (35) The advisory procedure should be used for the adoption of the templates for the format
    of the ‘EU Talent Partnership pass’. The examination procedure should be used for the
    adoption and updating of the technical standards for the data exchange, data formats,
    job vacancies formats and profiles formats for jobseekers from third countries. The
    examination procedure should also be used for the adoption of technical standards for
    the adoption of the subcategories of personal data to be processed, responsibilities of
    data controllers, including rules governing the possible use of a data processor or
    processors, as well as on the conditions for accessing personal data and the option
    available to registered jobseekers to restrict the access to their personal data on the EU
    Talent Pool IT platform.
    (36) This Regulation respects the fundamental rights and observes the principles recognised
    by the Charter of Fundamental Rights of the European Union in accordance with
    Article 6 TEU.
    (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
    43
    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).
    44
    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.
    EN 26 EN
    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.
    (38) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark,
    annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of
    this Regulation and is not bound by it or subject to its application.
    (39) In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United
    Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed
    to the Treaty on European Union and to the Treaty on the Functioning of the European
    Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in
    the adoption of this Regulation and is not bound by it or subject to its application.] OR
    [In accordance with Article 3 of Protocol No 21 on the position of the United
    Kingdom and Ireland in respect of the area of freedom, security and justice, annexed
    to the Treaty on European Union and to the Treaty on the Functioning of the European
    Union, Ireland has notified [, by letter of …,] its wish to take part in the adoption and
    application of this Regulation].
    HAVE ADOPTED THIS REGULATION:
    CHAPTER I
    GENERAL PROVISIONS
    Article 1
    Subject matter
    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.
    2. This Regulation lays down rules on:
    (a) the authorities responsible for the management and functioning of the EU
    Talent Pool and the cooperation between them;
    (b) the functioning of the EU Talent Pool IT platform and related support services;
    (c) the conditions and procedures for the participation in the EU Talent Pool of
    jobseekers from third countries and employers;
    (d) the facilitation of recruitment of jobseekers from third countries benefitting
    from a Talent Partnership.
    Article 2
    Scope
    1. This Regulation applies to jobseekers from third countries residing outside the Union
    and employers established in the participating Member States.
    Article 3
    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
    EN 27 EN
    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.
    Article 4
    Definitions
    1. For the purposes of this Regulation, the following definitions shall apply:
    (1) ‘participating Member States’ means Member States participating in the EU
    Talent Pool;
    (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;
    (3) ‘employer’ means any natural person, or any legal entity, established in a
    participating Member State under the direction or supervision of whom the
    employment is undertaken as well as private employment agencies, temporary
    work agencies and labour market intermediaries;
    (4) ‘profile’ means the information provided by a jobseeker from a third country
    via a standard data format for the purpose of seeking an employment through
    the EU Talent Pool IT platform;
    (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.
    CHAPTER II
    IT SYSTEM ARCHITECTURE
    Article 5
    EU Talent Pool IT platform
    1. The EU Talent Pool IT platform for facilitating recruitment of jobseekers from third
    countries is established.
    2. The EU Talent Pool IT platform shall be composed of:
    (a) the single coordinated channel enabling participating Member States to
    transfer job vacancies to the EU Talent Pool database;
    (b) the technical infrastructure enabling the EU Talent Pool database to
    receive the job vacancies from the participating Member States;
    (c) the technical infrastructure to collect and maintain the profiles of
    registered jobseekers from third countries;
    (d) the technical infrastructure to enable the EU Talent Pool National
    Contact Points, and employers participating in the EU Talent Pool to
    search for registered jobseekers from third countries and the registered
    jobseekers to search for job vacancies;
    (e) the automated matching tool;
    EN 28 EN
    (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.
    3. The Commission shall adopt, by means of implementing acts, the necessary technical
    standards for the data exchange, data formats including ESCO, job vacancies formats
    and profiles formats for jobseekers. Those implementing acts shall be adopted in
    accordance with the examination procedure referred to in Article 22(3).
    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.
    Article 6
    Processing of personal data
    1. The EU Talent Pool Secretariat may process personal data of registered jobseekers
    from third countries and those of employers participating in the EU Talent Pool only
    to the extent necessary for the performance of its tasks pursuant to Article 8. When
    processing personal data for this purpose, the EU Talent Pool Secretariat shall act as
    data controller, within the meaning of Article 3, point (8), of Regulation (EU)
    2018/1725.
    2. The EU Talent Pool National Contact Points may process personal data of employers
    participating in the EU Talent Pool and those of registered jobseekers from third
    countries only to the extent necessary for the performance of its tasks under Article
    10. When processing personal data for this purpose, EU Talent Pool National
    Contact Points shall act as data controllers, within the meaning of Article 4, point 7
    of Regulation (EU) 2016/679.
    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.
    4. The EU Talent Pool Secretariat and the EU Talent Pool National Contact Points shall
    inform registered jobseekers from third countries and employers participating in the
    EU Talent Pool about the processing of their personal data and their rights as data
    subjects as well as about their rights under paragraphs 6 and 7.
    5. The personal data registered in or transmitted to the EU Talent Pool IT platform in
    accordance with this Regulation shall be indexed, stored and made available there
    solely for search and matching purposes. Registered jobseekers from third countries
    shall have the right to choose from a number of technical options to restrict access to
    their personal data.
    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.
    EN 29 EN
    7. The EU Talent Pool Secretariat shall make the data of registered jobseekers from
    third countries and job vacancies of employers participating in the EU Talent Pool
    available for searches and matching on the EU Talent Pool IT platform.
    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.
    9. The Commission shall adopt, by means of implementing acts, further provisions on
    the personal data to be processed and included in the job vacancies and jobseekers’
    profiles formats, responsibilities of data controllers, including rules governing the
    possible use of a data processor or processors, as well as on the conditions for
    accessing personal data and the option available to registered jobseekers to restrict
    the access to their personal data on the EU Talent Pool IT platform. Those
    implementing acts shall be adopted in accordance with the examination procedure
    referred to in Article 22(3).
    CHAPTER III
    GOVERNANCE
    Article 7
    Structure
    1. The EU Talent Pool shall consist of:
    (a) the EU Talent Pool Secretariat;
    (b) the EU Talent Pool Steering Group;
    (c) the EU Talent Pool National Contact Points;
    Article 8
    EU Talent Pool Secretariat
    1. The Commission shall provide the EU Talent Pool Secretariat.
    2. The Secretariat shall be responsible for:
    (a) ensuring the overall management of the EU Talent Pool, including the planning
    and coordination of the activities of the EU Talent Pool;
    (b) setting up and managing the EU Talent Pool IT platform and related IT
    services necessary for its functioning, in particular by using already available
    technical infrastructure at Union level where relevant;
    (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);
    (d) preparing the meetings of the EU Talent Pool Steering Group;
    (e) collecting relevant data for monitoring the performance of the EU Talent Pool
    pursuant to Article 20;
    (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.
    EN 30 EN
    Article 9
    EU Talent Pool Steering Group
    1. The EU Talent Pool Steering Group is established. The EU Talent Pool Steering
    Group is responsible for:
    (a) providing support to the EU Talent Pool Secretariat in the preparation of the
    list of EU-wide shortage occupations pursuant to Article 14;
    (b) providing support to the EU Talent Pool Secretariat in the planning and
    coordination of the activities of the EU Talent Pool;
    (c) facilitating the gathering of data relevant for the monitoring activities of the EU
    Talent Pool referred to in Article 20;
    (d) discussing the implementation of accelerated immigration procedures to
    facilitate the recruitment of registered jobseekers from third countries pursuant
    to Article 19.
    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.
    3. The EU Talent Pool Steering Group shall meet twice a year, or on ad-hoc basis when
    necessary. The meetings shall be convened and chaired by the Commission.
    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.
    Article 10
    EU Talent Pool National Contact Points
    1. Each participating Member State shall designate an EU Talent Pool National Contact
    Point. Participating Member States shall ensure that relevant authorities from the
    field of employment and immigration are appointed as the EU Talent Pool National
    Contact Points.
    2. The EU Talent Pool National Contact Point shall be responsible for:
    (a) facilitating the functioning of the EU Talent Pool IT platform at national level
    in accordance with Article 5;
    (b) transferring job vacancies to the EU Talent Pool IT platform through the single
    coordinated channel and facilitating the matching between registered
    jobseekers from third countries and employers participating in the EU Talent
    Pool;
    (c) notifying to the EU Talent Pool Secretariat the national list of shortage
    occupations once a year and any national adjustments to the list of EU-wide
    shortage occupations pursuant to Article 15;
    (d) keeping a registry of employers participating in the EU Talent Pool;
    EN 31 EN
    (e) suspending the access of employers participating in the EU Talent Pool and
    removing their job vacancies from the EU Talent Pool IT platform in case of a
    breach of the relevant law and practice pursuant to Article 13(3) is notified to
    the EU Talent Pool National Contact Points by the relevant national authorities
    responsible for enforcing the relevant law and practice;
    (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;
    (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.
    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.
    CHAPTER IV
    REGISTRATION OF JOBSEEKERS FROM THIRD
    COUNTRIES AND PARTICIPATION OF EMPLOYERS IN
    THE EU TALENT POOL
    Article 11
    Registration and access of jobseekers from third countries
    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.
    2. Access to registering a profile in the EU talent Pool IT platform shall be limited to
    persons who expressly declare not to be subject to a judicial or administrative
    decision refusing the entry or stay in a Member State in accordance with its national
    law or an entry ban to the territory of the Union in accordance with Directive
    2008/115/EC.
    3. Profiles of jobseekers from third countries registered in the EU Talent Pool shall be
    visible to employers participating in the EU Talent Pool.
    4. Jobseekers from third countries registered in the EU Talent Pool IT platform may
    search for job vacancies.
    Article 12
    Profile registration and access of jobseekers from third countries in the context of Talent
    Partnerships
    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’.
    2. Jobseekers from third countries who have received an ‘EU Talent Partnership pass’
    certifying the skills developed or validated in the context of a Talent Partnership may
    EN 32 EN
    register their profile in the EU Talent Pool IT platform linking their profiles to the
    ‘EU Talent Partnership pass’.
    3. The ‘EU Talent Partnership pass’ shall be visible on the EU Talent Pool IT platform
    and shall contain information on one or more of the following elements:
    (a) the details of education and training obtained by the third country national
    participating in the Talent Partnership, including the subject-matter of
    education the training, its duration and the type of skills obtained and their
    level;
    (b) the qualification acquired and the skills of the third country national which
    have been validated in the context of the Talent Partnership, including skills
    and competencies relating to a specific occupation, language skills, or
    competencies facilitating their integration in one or more Member States;
    (c) any other information considered relevant for the purpose of the recruitment.
    4. The Commission shall, by means of implementing acts, adopt templates for the
    format of the ‘EU Talent Partnership pass’. These implementing acts shall be
    adopted in accordance with the advisory procedure referred to in Article 22(2).
    5. The conditions for the issuance of the ‘EU Talent Partnership pass’ shall be
    determined by the Member States in the framework of the Talent Partnership in
    which they are participating. The Commission shall publish information on those
    conditions on the EU Talent Pool IT platform.
    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.
    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.
    Article 13
    Participation of employers in the EU Talent Pool
    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.
    2. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT
    platform job vacancies that:
    (a) fall within the list of EU-wide shortage occupations set in Article 14 and the
    national adjustments to the list pursuant to Article 15(1) or those job vacancies
    which are relevant for a Talent Partnership;
    (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.
    3. 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
    EN 33 EN
    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 not charge fees to registered
    jobseekers from third countries for the purpose of the recruitment.
    4. Job vacancies of employers participating in the EU Talent Pool shall be visible to
    registered jobseekers from third countries in the EU Talent Pool IT platform.
    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.
    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).
    Article 14
    List of EU-wide shortage occupations
    1. For the purpose of this Regulation, a list of EU-wide shortage occupations at the
    ISCO-08 4-digit level is set out in the Annex.
    The Commission shall be empowered to adopt delegated acts in accordance with the
    procedure referred to in Article 21 to amend the Annex, in accordance with the
    following criteria:
    (a) shortage occupations common to a significant number of participating Member
    States as notified to the EU Talent Pool Secretariat by the EU Talent Pool
    National Contact Points pursuant to Article 10(2)(c);
    (b) occupations which contribute directly to the EU green and digital transitions
    and which are likely to grow in importance.
    2. The EU Talent Pool Secretariat shall publish the list of the EU-wide shortage
    occupations on the EU Talent Pool IT platform.
    Article 15
    National adjustments to the list of EU-wide shortage occupations
    1. The participating Member States may decide to add shortage occupations at the
    ISCO-08 4-digit level, in order to satisfy their specific labour market needs. They
    may also decide to remove shortage occupations from the EU-wide list where those
    do not correspond to their specific labour market needs. The country-specific
    adjustments shall only affect the matching of job vacancies in the Member State
    concerned.
    The EU Talent Pool National Contact Points of the Member States notifying their
    participation in the EU Talent Pool pursuant to Article 3 shall notify any additions to
    or removals from the EU-wide list of shortage occupations at the latest 3 months
    before joining the EU Talent Pool.
    EN 34 EN
    The EU Talent Pool National Contact Points of the participating Member States shall
    notify any additions to or removals from the EU-wide list of shortage occupations
    within 3 months following the amendments to the Annex.
    The EU Talent Pool National Contact Points may notify to the EU Talent Pool
    Secretariat further additions to and removals from the EU-wide list of shortage
    occupations maximum once a year.
    2. The EU Talent Pool Secretariat shall publish the adjustments to list of EU-wide
    shortage occupations notified by the EU Talent Pool Contact Points on the EU Talent
    Pool IT platform.
    3. The EU Talent Pool National Contact Points shall transfer to the EU Talent Pool IT
    platform only those job vacancies that correspond to the EU-wide list of shortage
    occupations taking into account the adjustments referred to in paragraph 1.
    Article 16
    Search and matching
    1. Employers participating in the EU Talent Pool IT platform may search for registered
    jobseekers from third countries in the EU Talent Pool IT platform.
    2. Employers participating in the EU Talent Pool may use a specific filter available on
    the EU Talent Pool IT platform to search for profiles of registered jobseekers having
    obtained an ‘EU Talent Partnership pass’.
    3. Employers participating in the EU Talent Pool may access a list of suggested
    registered jobseekers’ profiles generated by the automatic matching tool and based
    on the relevance of their skills, qualifications and work experiences for the job
    vacancy.
    4. Registered jobseekers from third countries may search for job vacancies in the EU
    Talent Pool and access a list of suggested relevant job vacancies generated by the
    automated matching tool.
    CHAPTER V
    INFORMATION PROVISION, SUPPORT SERVICES AND
    ACCELERATED IMMIGRATION PROCEDURES
    Article 17
    Information provision and support services
    1. Participating Member States shall make information concerning the EU Talent Pool
    and its functioning easily accessible.
    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:
    (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;
    (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
    EN 35 EN
    Parliament and of the Council, their entry into and stay on the territory of all
    the Member States shall be prohibited.
    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:
    (a) specific information on national immigration procedures to obtain visas and
    residence permits for work purposes following the selection process;
    (b) specific guidance and information on family reunification procedures and
    family members’ rights;
    (c) specific information on third-country nationals’ rights and obligations
    including access to social benefits, health assistance, education, housing,
    recognition of qualifications and the complaint mechanism pursuant to Article
    18;
    (d) information available at national level to facilitate third-country nationals’
    integration in the host Member State such as language courses, vocational
    training and education as well as other integration measures;
    (e) where available, the contact details of organisations which offer post-
    recruitment assistance for third country nationals.
    3. Where relevant, the EU Talent Pool National Contact Points shall refer requests for
    information, guidance and support to other national competent authorities and, if
    applicable, other appropriate bodies at national level supporting the integration of
    third country nationals on the labour market.
    Article 18
    Facilitation of complaints
    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).
    2. Participating Member States shall make information concerning available redress
    mechanisms easily accessible.
    Article 19
    Accelerated immigration procedures
    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.
    2. The procedure referred to paragraph 1 may cover:
    (a) the obtention of visas and residence permits for work purposes;
    (b) the exemption from the principle of preference for Union citizens for job
    vacancies transferred to the EU Talent Pool IT platform.
    EN 36 EN
    CHAPTER VI
    FINAL PROVISIONS
    Article 20
    Monitoring activities
    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:
    (a) the number and type of profiles of registered jobseekers from third-countries
    registered in the EU Talent Pool IT platform;
    (b) the number and type of job vacancies transferred to the EU Talent Pool IT platform;
    (c) the number of visits on the EU Talent Pool IT platform;
    (d) the number and type of job placements facilitated via the EU Talent Pool;
    (e) the number of ‘EU Talent Partnerships passes’ issued;
    (f) the number of placements facilitated via the EU Talent Pool in the context of the
    Talent Partnerships.
    2. The EU Talent Pool Secretariat shall set up the data collection according to the
    statistical concepts and definitions and exchange information and data with the
    Commission for the purpose of quality of data collected under this Regulation and
    the production and quality of European statistics.
    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.
    Article 21
    Exercise of the delegation
    1. The power to adopt delegated acts is conferred on the Commission subject to the
    conditions laid down in this Article.
    2. The power to adopt delegated acts referred to in Article 14 shall be conferred on the
    Commission for a period of five years from the entry into force of this Regulation.
    The Commission shall draw up a report in respect of the delegation of power not
    later than nine months before the end of the five-year period. The delegation of
    power shall be tacitly extended for periods of an identical duration, unless the
    European Parliament or the Council opposes such an extension not later than three
    months before the end of each period.
    3. The delegation of power referred to in Article 14, may be revoked at any time by the
    European Parliament or by the Council. A decision to revoke shall put an end to the
    delegation of the power specified in that decision. It shall take effect on the day
    following the publication of the decision in the Official Journal of the European
    Union or at a later date specified therein. It shall not affect the validity of any
    delegated acts already in force.
    4. Before adopting a delegated act, the Commission shall consult experts designated by
    each Member State in accordance with the principles laid down in the
    Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
    EN 37 EN
    5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
    the European Parliament and to the Council.
    6. A delegated act adopted pursuant to Article 14 shall enter into force only if no
    objection has been expressed either by the European Parliament or the Council
    within a period of two months of notification of that act to the European Parliament
    and the Council or if, before the expiry of that period, the European Parliament and
    the Council have both informed the Commission that they will not object. That
    period shall be extended by two months at the initiative of the European Parliament
    or the Council.
    Article 22
    Committee procedure
    1. The Commission shall be assisted by a Committee established by this Regulation.
    That Committee shall be a committee within the meaning of Regulation (EU) No
    182/2011.
    2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No
    182/2011 shall apply.
    3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No
    182/2011 shall apply.
    Article 23
    Reporting
    1. By 31.12.2031 and every five years thereafter, the Commission shall submit a report
    to the European Parliament, the Council, the European Economic and Social
    Committee and the Committee of the Regions on the application of this Regulation.
    Article 24
    Entry into force
    1. This Regulation shall enter into force on the twentieth day following that of its
    publication in the Official Journal of the European Union.
    2. This Regulation shall be binding in its entirety and directly applicable in the
    participating Member States in accordance with the Treaties.
    Done at Brussels,
    For the European Parliament For the Council
    The President The President
    EN 38 EN
    LEGISLATIVE FINANCIAL STATEMENT
    1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
    1.1. Title of the proposal/initiative
    1.2. Policy area(s) concerned
    1.3. The proposal/initiative relates to:
    1.4. Objective(s)
    1.4.1. General objective(s)
    1.4.2. Specific objective(s)
    1.4.3. Expected result(s) and impact
    1.4.4. Indicators of performance
    1.5. Grounds for the proposal/initiative
    1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
    roll-out of the implementation of the initiative
    1.5.2. Added value of Union involvement (it may result from different factors, e.g.
    coordination gains, legal certainty, greater effectiveness or complementarities). For
    the purposes of this point 'added value of Union involvement' is the value resulting
    from Union intervention, which is additional to the value that would have been
    otherwise created by Member States alone.
    1.5.3. Lessons learned from similar experiences in the past
    1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies
    with other appropriate instruments
    1.5.5. Assessment of the different available financing options, including scope for
    redeployment
    1.6. Duration and financial impact of the proposal/initiative
    1.7. Method(s) of budget implementation planned
    2. MANAGEMENT MEASURES
    2.1. Monitoring and reporting rules
    2.2. Management and control system(s)
    2.2.1. Justification of the management mode(s), the funding implementation mechanism(s),
    the payment modalities and the control strategy proposed
    2.2.2. Information concerning the risks identified and the internal control system(s) set up
    to mitigate them
    2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control
    costs ÷ value of the related funds managed"), and assessment of the expected levels
    of risk of error (at payment & at closure)
    2.3. Measures to prevent fraud and irregularities
    3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
    EN 39 EN
    3.1. Heading(s) of the multiannual financial framework and expenditure budget
    line(s) affected
    3.2. Estimated financial impact of the proposal on appropriations
    3.2.1. Summary of estimated impact on operational appropriations
    3.2.2. Estimated output funded with operational appropriations
    3.2.3. Summary of estimated impact on administrative appropriations
    3.2.3.1. Estimated requirements of human resources
    3.2.4. Compatibility with the current multiannual financial framework
    3.2.5. Third-party contributions
    3.3. Estimated impact on revenue
    EN 40 EN
    1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
    1.1. Title of the proposal/initiative
    Proposal for a Regulation of the European Parliament and of the Council establishing
    an EU Talent Pool
    1.2. Policy area(s) concerned
    Migration and employment
    1.3. The proposal/initiative relates to:
     a new action
    a new action following a pilot project/preparatory action45
     the extension of an existing action
     a merger or redirection of one or more actions towards another/a new action
    1.4. Objective(s)
    1.4.1. General objective(s)
    The general objective of the initiative is to support international recruitment of
    jobseekers from third countries via legal pathways to address EU labour and skills
    shortages.
    1.4.2. Specific objective(s)
    The specific policy objectives are:
    1) Ensuring more effective international job matching;
    2) Improving comparability of skills and qualifications obtained in third countries
    with those required at national level;
    3) Improving understanding and access to the migration procedures;
    4) Incentivising cooperation on migration with third countries, including in the
    context of a Talent Partnership.
    1.4.3. Expected result(s) and impact
    Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
    The EU Talent Pool will be the first EU-wide platform aimed at facilitating
    international recruitment and providing opportunities for jobseekers from third
    countries that are interested and have the skills required to work in EU-wide shortage
    occupations. The initiative is voluntary, thus leaving the Member States a choice to
    join it or not. For the purpose of assessing potential budgetary implications of the
    proposal, while taking into account its voluntary nature and the fact that some
    Member States may decide to join once the system is fully operational, it is assumed
    that between 11 and 20 Member States will join by 2030, with further Member States
    45
    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.
    EN 41 EN
    joining afterwards. This assumption does not prejudge Member States’ choices and
    the budget will be adjusted depending on the number of the Member States
    participating in the EU Talent Pool. Offering a job matching platform and a wide
    range of personalised guidance and services would benefit business and in particular
    SMEs, as it would guarantee access to a wider pool of relevant jobseekers from
    outside the EU. It would also make recruitment faster, easier and more effective and
    ensure better quality of matches via specific tools and personalised support. The
    benefits for employers are mainly linked to time savings across the various steps of
    the recruitment process. In addition, further total cost savings for European
    employers of a range between EUR 74 500 000 and EUR 77 700 000 would result
    from the fact that the new platform would be free to use for businesses. Filling in the
    job vacancy posts would allow employers to increase their productivity and capacity
    to innovate and to grow. Further costs savings could be generated, if the Member
    States decided to introduce facilitation measures related to the migration procedures.
    The initiative would have a positive impact on GDP with an additional GDP of EUR
    around EUR 3.855 – 4.255 billion with 11 to 20 Member States participating until
    2030 generated by additional wages. It would also positively impact fiscal
    contributions (EUR 918-957 million) and remittances for third countries (EUR 712-
    748 million).
    By filling in EU-wide labour shortages, the EU Talent Pool will have a positive
    impact on the EU future prosperity and allow the participating Member States to
    better address challenges related to shrinking working age population and the twin
    transition.
    Making the EU Talent Pool the tool for job placements in the context of the Talent
    Partnerships would facilitate the implementation of this initiative. Hence, it will
    indirectly contribute to the overall migration management by incentivising
    cooperation with third countries on migration, while boosting international mobility
    and skills development. This would benefit the EU, its Member States and the EU
    citizens, as well as third countries and their citizens.
    1.4.4. Indicators of performance
    Specify the indicators for monitoring progress and achievements.
    A dedicated monitoring framework, including a number of indicators per the specific
    objectives, is described in the Impact Assessment Report accompanying the
    proposal.
    Indicators will include:
    – the number and type of profiles of jobseekers from third countries registered in
    the EU Talent Pool IT platform;
    – the job vacancies registered in the EU Talent Pool IT Platform;
    – the number of visits on the EU Talent Pool IT Platform and the number of job
    placements facilitated via the EU Talent Pool;
    – the number of ‘EU Talent Partnerships passes’ issued and the number of
    placements facilitated via the EU Talent Pool in the context of the Talent
    Partnerships.
    EN 42 EN
    This would allow to monitor the effectiveness and success of the initiative in
    achieving the specific objectives.
    The performance of the EU Talent Pool would be regularly monitored by the EU
    Talent Pool Secretariat, (every second year) which will include detailed performance
    indicators accompanied by targets and baseline.
    1.5. Grounds for the proposal/initiative
    1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
    roll-out of the implementation of the initiative
    Following the adoption of the proposal on the EU Talent Pool by the co-legislators
    (expected to happen at the end of 2025), the development of the EU Talent Pool IT
    Platform would start and last around two years (2026-2027). In the same period, the
    Commission would need to guarantee, in cooperation with the participating Member
    States, interoperability of their national databases with the EU Talent Pool.
    In parallel, the EU Talent Pool Secretariat would need to be established as well as
    other governance fora (the EU Talent Pool Steering Group, the EU Talent Pool
    National Contact Points), and relevant committees for the adoption of the
    implementing acts. In addition, the Commission will need to take on a more
    important role in monitoring the implementation the new Regulation, to ensure that
    its objectives are met.
    The implementation of the Regulation will require that a number of detailed issues
    are adopted through implementing or delegated acts within two years from the date
    of application of the Regulation.
    Until the start of the operation of the EU Talent Pool IT platform, the Commission
    shall be empowered to adopt the following delegated act:
    – establishing a list of EU-wide shortage occupations.
    The Commission shall be empowered to adopt the following implementing acts:
    – adopting necessary technical standards for the data exchange, data formats, job
    vacancies and jobseekers’ profiles formats;
    – adopting templates for the format of the ‘EU Talent Partnership pass’,
    – adopting further provisions on the subcategories of personal data to be
    processed, responsibilities of data controllers, including rules governing the possible
    use of a data processor or processors, as well as on the conditions for accessing
    personal data and the option available to jobseekers to restrict the access to their
    personal data on the EU Talent Pool IT platform.
    1.5.2. Added value of Union involvement (it may result from different factors, e.g.
    coordination gains, legal certainty, greater effectiveness or complementarities). For
    the purposes of this point 'added value of Union involvement' is the value resulting
    from Union intervention, which is additional to the value that would have been
    otherwise created by Member States alone.
    Reasons for action at European level (ex-ante): All Member States face worsening
    skills and labour shortages in view of the demographic challenges and requirements
    of the twin transition. While some of them are already addressing these shortages by
    re-activating the domestic workforce and improving intra-EU mobility, these efforts
    might be insufficient to fully address existing and future shortages. For this reason,
    EN 43 EN
    some Member States already recognised the key role of legal migration and
    developed talent attraction policies, but these are widely fragmented and vary across
    Member States with regard to their scale of intervention. They are expected to be
    insufficient in comparison with the expected labour demand in the EU. Although
    some digital platforms and talent attraction tools have been set up at national level,
    they exist in only a few Member States and are limited in scope, while the EU
    shortages concern all skill levels, thus not addressing the EU dimension of the issue.
    The lack of a harmonised approach together with the potentially limited visibility of
    existing national platforms at the global level reduce the Member States’ ability to
    achieve economies of scale when developing talent attraction policies individually.
    Therefore, the insufficient recruitment of third country nationals through existing
    labour migration channels to address EU labour and skills shortages cannot be
    addressed sufficiently by individual Member States: Member States acting alone,
    especially smaller Member States with less visibility worldwide, may not be able to
    compete for jobseekers from third countries.
    A unified EU platform could help connect and bridge the gap between third country
    nationals’ labour supply and EU demand, thus attracting the foreign talent to a
    greater extent to what Member States acting alone would achieve.
    Expected generated Union added value (ex-post): The EU Talent Pool would allow
    to support international recruitment of third-country nationals via legal pathways to
    address EU labour and skills shortages. As one EU-wide job matching platform
    offering also transparent information on immigration and recruitment processes as
    well as support services, it would improve the overall efficiency of labour migration
    management at EU level and promote the EU as a destination for foreign workers. It
    would also improve the Union’s competitiveness and economic growth by enhancing
    the visibility of the EU and Member States’ legal migration policies at global level
    and by attracting more third-country nationals from abroad. Thanks to the economies
    of scale, the EU would be better equipped to compete on the global stage in
    attracting foreign talent and to achieve the green and digital transition. This will
    ensure that a greater number of potential candidates with the right skills are
    encompassed, and the labour needs of employers in each Member State are better
    addressed. It would send a clear message to jobseekers from third countries that the
    EU is ready to welcome them in its labour market. The EU Talent Pool will
    complement and reinforce the existing national talent attraction initiatives.
    1.5.3. Lessons learned from similar experiences in the past
    In October 2022 the EU Talent Pool Pilot was launched to support the integration
    into the labour market of people fleeing the war in Ukraine. Under this Pilot
    initiative, beneficiaries of temporary protection residing in a Member State are now
    able to register their CVs on the EURES platform and seek job opportunities in
    another Member State, but their CVs are not matched with the vacancies. While the
    EU Talent Pool Pilot is specifically conceived to facilitate integration in the labour
    market of beneficiaries of temporary protection already in the EU, the EU Talent
    Pool proper would be directed at attracting jobseekers from third countries that are
    not already residing in the EU. Therefore, the two initiatives have a different logic,
    legal basis and scope of application and the lessons learnt from the Pilot can be used
    for this initiative only to a limited extent. However, the Pilot experience shows the
    importance of ensuring a matching system between job profiles and vacancies and of
    EN 44 EN
    conducting an extensive awareness campaign in order to reach out to the third
    country nationals potentially interested in using the tool. In addition, the relevant role
    of the Public Employment Services (PES) was equally confirmed.
    1.5.4. Compatibility with the Multiannual Financial Framework and possible synergies
    with other appropriate instruments
    The proposal follows up on the New Pact on Migration and Asylum which
    recognised legal migration as an essential part of the comprehensive approach to
    migration and committed to ‘further explore an EU Talent Pool for third-country
    skilled workers which could operate as an EU-wide platform for international
    recruitment’.
    The intention to establish an EU Talent Pool was announced in the Skills and Talent
    Package. The EU Talent Pool initiative would improve the use of the EU legal
    migration Directives, as receiving a job offer which the EU Talent Pool will facilitate
    is in the EU an essential prerequisite to receive a visa or a residence permit related to
    work. By making the legal migration legislative framework clearer, via the provision
    of online information and support services, the EU Talent Pool would facilitate
    access to the procedures and, therefore, support international recruitment of third
    country national via legal pathways. In addition, effective legal pathways can
    contribute to the decrease of irregular migration and benefit our labour market.
    The EU Talent Pool will also support the implementation of the Talent Partnerships
    by providing a tool for an effective job placement of jobseekers from the partner
    countries participating in these partnerships, thus increasing the effectiveness of the
    EU cooperation with third countries on legal migration and, as a consequence, of the
    overall migration management.
    As the EU Talent Pool will be also open to jobseekers in need of international
    protection in third countries, it will contribute to the objective of providing and
    enhancing legal and safe channels to the EU for those in need of international
    protection around the world, as set out in the 2020 Commission Recommendation on
    legal pathways to protection to the EU.
    The EU Talent Pool is one of the key components of the Commission’s Package on
    talent mobilityadopted as part of the European Year of Skills.
    It will also complement EU policy initiatives which strive to address labour and
    skills shortages in the EU such as the European Skills Agenda, while facilitating the
    achievement of the green and digital transition in the EU, in line with the Net Zero
    Industry Act and the Green Deal Industrial Plan.
    Building upon the experience of EURES and the European Labour Authority, it will
    help to achieve synergies with other EU policy measures aimed at addressing the EU
    skills and labour shortages (in particular EURES).
    The investment required at the EU level and Member States’ level are compatible
    with the 2021-2027 Multiannual Financial Framework with the use of the AMIF to
    finance these investments.
    1.5.5. Assessment of the different available financing options, including scope for
    redeployment
    Within the current MFF, the needs can be met by redeployment within the existing
    programme AMIF.
    EN 45 EN
    No additional cost is foreseen within the current MFF. In the post-2027 MFF, the
    cost for the EU Talent Pool is proposed to be financed through the subsequent MFF,
    without pre-empting the agreement on the MFF and programmes. The costs covering
    the period after 2027 are indicative and do not prejudge the available budget for the
    initiative under the future MFF.
    1.6. Duration and financial impact of the proposal/initiative
     limited duration
    –  in effect from [DD/MM]YYYY to [DD/MM]YYYY
    –  Financial impact from YYYY to YYYY for commitment appropriations and
    from YYYY to YYYY for payment appropriations.
     unlimited duration
    – Implementation with a start-up period from 2026 to 2028.
    – followed by full-scale operation.
    1.7. Method(s) of budget implementation planned46
     Direct management by the Commission
    –  by its departments, including by its staff in the Union delegations;
    –  by the executive agencies
     Shared management with the Member States
     Indirect management by entrusting budget implementation tasks to:
    –  third countries or the bodies they have designated;
    –  international organisations and their agencies (to be specified);
    –  the EIB and the European Investment Fund;
    –  bodies referred to in Articles 70 and 71 of the Financial Regulation;
    –  public law bodies;
    –  bodies governed by private law with a public service mission to the extent that
    they are provided with adequate financial guarantees;
    –  bodies governed by the private law of a Member State that are entrusted with
    the implementation of a public-private partnership and that are provided with
    adequate financial guarantees;
    –  bodies or persons entrusted with the implementation of specific actions in the
    CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.
    – If more than one management mode is indicated, please provide details in the ‘Comments’ section.
    Comments
    The development phase of the EU Talent Pool is expected to last two years during which the
    EU Talent Pool IT Platform will be established, next to the EU Talent Pool Secretariat and
    46
    Details of budget implementation methods and references to the Financial Regulation may be found on the
    BUDGpedia site: https://myintracomm.ec.europa.eu/corp/budget/financial-rules/budget-
    implementation/Pages/implementation-methods.aspx
    EN 46 EN
    other governance fora. The EU Talent Pool is expected to be operational as from the
    beginning of 2028.
    Indirect management will be applicable as from 2028, as there is an intention as from 2028 to
    support financially international or EU- based actors present in the third countries that could
    help displaced people in need of international protection to make use of the EU Talent Pool
    opportunities, thus supporting the development of the complementary labour pathways.
    EN 47 EN
    2. MANAGEMENT MEASURES
    2.1. Monitoring and reporting rules
    Specify frequency and conditions.
    Funding implemented under the direct and indirect management will be
    implemented under the AMF Thematic Facility, which also falls under the general
    monitoring and evaluation mechanism of AMF. Streamlined templates and rules will
    be established in order to collect indicators from the grant and contribution
    agreements’ beneficiaries at the same pace as for the shared management, in order to
    ensure the disclosure of comparable data.
    When the Union contribution will be provided through shared management, the
    following rules shall apply: Funding implemented by Member States under shared
    management will follow the rules set out in Regulation (EU) 2021/1060 of 24 June
    2021, referred further as the CPR regulation, in Regulation 2018/2016 (Financial
    Regulation) and in Regulation (EU) 2021/1147 of 7 July 2021 establishing the
    Asylum, Migration and Integration Fund, referred further as AMIF Regulation. In
    line with the CPR regulation, each Member State has already established a
    management and control system for its programme to ensure the quality and the
    reliability of the monitoring system. Therefore, for shared management, a coherent
    and efficient reporting, monitoring and evaluation framework is in place. Member
    States are required to set up a monitoring committee to which the Commission may
    participate in advisory capacity. Monitoring committees will review all issues that
    affect programme progress towards achieving its objectives. For the HOME affairs
    funds, Member States submit to the Commission their annual performance reports on
    the implementation of the programme and the progress in achieving the milestones
    and targets. Such reports should also raise any issues affecting the performance of
    the programme and describe the action taken to address them.
    2.2. Management and control system(s)
    2.2.1. Justification of the management mode(s), the funding implementation mechanism(s),
    the payment modalities and the control strategy proposed
    The control strategy will be based on the Financial Regulation and on the CPR
    regulation. For the part implemented through direct and indirect management
    under the thematic facility, the management and control system will build on the
    experience gained in the implementation of the current MFF.
    When the Union contribution will be provided through shared management, the
    following rules shall apply: the Member States will receive an additional contribution
    for interoperability of their national systems with the EU Talent Pool IT Platforms,
    for their National Contact Points as well as administrative support for issuing the
    “EU Talent Partnership passes” in the context of the Talent Partnerships (where
    appropriate). The corresponding amounts will be allocated to the Member States
    through the amendment of their programme. These programmes are managed under
    shared management in line with Article 63 of the Financial Regulation, the CPR
    regulation and the AMIF regulation. The payment arrangements for shared
    management are set out in the CPR regulation.
    Any irregularities detected by the Commission or the European Court of Auditors
    after the transmission of the annual assurance package may lead to a net financial
    correction.
    EN 48 EN
    2.2.2 Information concerning the risks identified and the internal control system(s) set up
    to mitigate them
    As the EU Talent Pool will involve creating a specific EU Talent Pool IT Platform
    that would need in addition to be interoperable with relevant Member States’
    national systems and require them to designate the National Contact Points, there is a
    potential risk that, if the cooperation of the Member States is insufficient,
    development of the EU Talent Pool will not be on schedule.
    The importance of the preparatory work will be therefore crucial. The Commission
    should start as quickly as possible preparing the ground-work for the relevant
    governance and IT arrangements.
    Frequent meetings and regular contacts will be required between the Commission
    and the Member States to ensure that all relevant decisions are taken swiftly and do
    not negatively affect the timing of the implementation.
    DG HOME runs an annual risk management exercise to identify and assess potential
    high risks. Risks considered as critical are reported annually in DG HOME
    management plan and are accompanied by an action plan stating the mitigating
    action.
    2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio of "control
    costs ÷ value of the related funds managed"), and assessment of the expected levels
    of risk of error (at payment & at closure)
    The ratio of “control costs/value of the related funds managed” is regularly reported
    on by the Commission. DG HOME’s 2022 Annual Activity Report reports 0.45%
    ratio in relation to shared management, 0.83% ratio in relation to direct management
    grants and 0.12% ratio in relation to indirect management.
    2.3. Measures to prevent fraud and irregularities
    Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.
    DG HOME will continue to apply its Anti-Fraud Strategy in line with the
    Commission's Anti-Fraud Strategy (CAFS) in order to ensure inter alia that its
    internal anti-fraud related controls are fully aligned with the CAFS and that its fraud
    risk management approach is geared to identify fraud risk areas and adequate
    responses.
    EN 49 EN
    3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
    3.1. Heading(s) of the multiannual financial framework and expenditure budget
    line(s) affected
    • Existing budget lines
    In order of multiannual financial framework headings and budget lines.
    Heading of
    multiannual
    financial
    framework
    Budget line
    Type of
    expenditure
    Contribution
    Number Diff./Non-
    diff.47
    from
    EFTA
    countries48
    from
    candidate
    countries
    and
    potential
    candidates49
    fromother
    third
    countries
    other
    assigned
    revenue
    4 10 02 01 Diff./Non-
    diff.
    YES/NO YES/NO YES/NO YES/NO
    • New budget lines requested
    In order of multiannual financial framework headings and budget lines.
    Heading of
    multiannual
    financial
    framework
    Budget line
    Type of
    expenditure
    Contribution
    Number Diff./Non-
    diff.
    from
    EFTA
    countries
    from
    candidate
    countries
    and
    potential
    candidates
    from
    other
    third
    countries
    other
    assigned
    revenue
    [XX.YY.YY.YY]
    YES/NO YES/NO YES/NO YES/NO
    47
    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.
    48
    EFTA: European Free Trade Association.
    49
    Candidate countries and, where applicable, potential candidates from the Western Balkans.
    EN 50 EN
    3.2. Estimated financial impact of the proposal on appropriations
    3.2.1. Summary of estimated impact on operational appropriations50
    –  The proposal/initiative does not require the use of operational appropriations
    –  The proposal/initiative requires the use of operational appropriations, as explained below:
    EUR million (to three decimal places)
    Heading of multiannual
    financial framework
    4
    DG: HOME 2024 2025 2026 2027
    Total
    24-27
    202851
    202952
    203053 Total
    24-30
    Operational appropriations
    10 02 01 - Asylum, Migration and
    Integration Fund (AMIF)
    Commitments 0,000 0,000 12,309 12,309 24,618 23,513 23,513 22,262 93,906
    10 02 01 - Asylum, Migration and
    Integration Fund (AMIF)
    Payments 0,000 0,000 1,361 6,075 7,436 6,884 7,958 10,823 33,101
    Appropriations of an administrative nature financed from
    the envelope of specific programmes
    10 01 01 - Support expenditure for
    the Asylum, Migration and
    Integration Fund (AMIF)
    CA=PA
    TOTAL appropriations
    for DG HOME
    Commitments 0,000 0,000 12,309 12,309 24,618 23,513 23,513 22,262 93,906
    Payments 0,000 0,000 1,361 6,075 7,436 6,884 7,958 10,823 33,101
    TOTAL operational appropriations
    Commitments 0,000 0,000 12,309 12,309 24,618 23,513 23,513 22,262 93,906
    Payments 0,000 0,000 1,361 6,075 7,436 6,884 7,958 10,823 33,101
    TOTAL appropriations of an administrative nature
    financed from the envelope for specific programmes
    0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000
    50
    The tables in this section represent a scenario where 20 Member States participate. This does not prejudge Member States’ choices and the budget will be adjusted will be adjusted
    depending on the number of the Member States participating in the EU Talent Pool.
    51
    The costs covering the period after 2027 are indicative and do not prejudge the available budget for the initiative under the future MFF.
    52
    Idem.
    53
    Idem.
    EN 51 EN
    TOTAL appropriations under
    HEADING 4 of the multiannual
    financial framework
    Commitments 0,000 0,000 12,309 12,309 24,618 23,513 23,513 22,262 93,906
    Payments 0,000 0,000 1,361 6,075 7,436 6,884 7,958 10,823 33,101
    Heading of multiannual financial
    framework
    7 ‘Administrative expenditure’
    EUR million (to three decimal places)
    DG: HOME 2024 2025 2026 2027
    Total
    24-27
    202854
    202955
    203056 Total
    24-30
    Human Resources CA=PA 0,086 0,433 1,037 1,470 3,026 1,903 1,903 1,903 8,735
    Other administrative expenditure CA=PA 0,000 0,000 0,078 0,078 0,155 0,061 0,102 0,061 0,379
    TOTAL DG HOME CA=PA 0,086 0,433 1,115 1,548 3,181 1,964 2,005 1,964 9,113
    TOTAL appropriations under
    HEADING 7 of the MFF
    (Total commitments =
    Total payments)
    0,086 0,433 1,115 1,548 3,181 1,964 2,005 1,964 9,113
    TOTAL appropriations under
    HEADINGS 1 to 7 of the MFF
    Commitments 0,086 0,433 13,423 13,856 27,798 25,477 25,517 24,226 103,019
    Payments 0,086 0,433 2,475 7,623 10,617 8,848 9,963 12,787 42,214
    As of 2028, the annual cost of the proposal is estimated at 25 million, which is proposed to be financed through the subsequent MFF,
    without pre-empting the agreement on the MFF and programmes. In addition, there is an intention as from 2028 to support financially
    international or EU- based actors present in the third countries that could help displaced people in need of international protection to make
    use of the EU Talent Pool opportunities, thus supporting the development of the complementary labour pathways. It is not possible at this
    stage to quantify this amount in detail.
    54
    Idem.
    55
    Idem.
    56
    Idem.
    EN 52 EN
    3.2.2. Estimated output funded with operational appropriations
    Commitment appropriations in EUR million (to three decimal places)57
    Indicate objectives and
    outputs
    2026 2027 202858
    202959
    TOTAL
     Type
    Number
    Cost
    Number
    Cost
    Number
    Cost
    Number
    Cost
    Number
    Cost
    Number
    Cost
    ALL OBJECTIVES:
    Governance – Human resources
    National Contact Points
    (Member States, to be
    covered by AMIF)
    4,856 4,856 14,567 14,567 14,567 53,413
    Subtotal 4,856 4,856 14,567 14,567 14,567 53,413
    SPECIFIC OBJECTIVE NO 2:
    IT costs re-using certain EURES
    components
    Europass adaptation and
    integration
    0,087 0,087 0,175
    Pre-screening tool creation 0,112 0,112 0,225
    TCNs CVs database 0,112 0,112 0,225
    EURES job vacancies'
    databe adaptation and
    integration
    0,300 0,300 0,600
    EURES search/matching
    engine adaptation and
    integration
    0,225 0,225 0,450
    Core system 2,175 2,175 4,350
    57
    This table represents a scenario where 20 Member States participate. This does not prejudge Member States’ choices and the budget will be adjusted will be adjusted depending on the
    number of the Member States participating in the EU Talent Pool.
    58
    Idem.
    59
    Idem.
    EN 53 EN
    Interoperability between the
    EU Talent IT Platform and
    other systems
    0,075 0,075 0,150
    Interoperability between the
    EU Talent IT Platform and
    relevant Member States
    national systems
    2,088 2,088 4,176
    Operations (Maintenance) 0,926 0,926 0,772 2,624
    Infrastructure 0,315 0,315 0,315 0,315 0,315 1,574
    Additional features
    implementation
    1,645 1,645 0,548 3,837
    Subtotal for specific objective N°2 5,490 5,490 2,886 2,886 1,635 18,386
    SPECIFIC OBJECTIVE NO 3:
    Other Activities
    Communication 0,487 0,487 0,487 0,487 0,487 2,435
    Translation 1,300 1,300 1,300 1,300 1,300 6,500
    Training 1,600 1,600 1,600 4,800
    Horizontal coordination 0,176 0,176 0,176 0,176 0,176 0,880
    Online information 1,057 1,057 1,057 3,171
    Subtotal for specific objective N°3 1,963 1,963 4,620 4,620 4,620 17,786
    SPECIFIC OBJECTIVE NO 4:
    Administrative support for
    issuing the “EU Talent
    Partnership passes” (costs
    for the Member States, to
    be covered by AMIF)
    1,440 1,440 1,440 4,320
    Subtotal for specific objective N°4 1,440 1,440
    TOTAL 12,309 12,309 23,513 23,513 22,262 93,906
    EN 54 EN
    3.2.3. Summary of estimated impact on administrative appropriations60
    –  The proposal/initiative does not require the use of appropriations of an
    administrative nature
    –  The proposal/initiative requires the use of appropriations of an administrative
    nature, as explained below:
    EUR million (to three decimal places)
    2024 2025 2026 2027
    TOTAL
    24-27
    202861
    202962
    203063 TOTAL
    24-30
    HEADING 7 of the
    MFF
    Human Resources 0,086 0,433 1,037 1,470 3,026 1,903 1,903 1,903 8,735
    Other administrative
    expenditure
    0,000 0,000 0,078 0,078 0,155 0,061 0,102 0,061 0,379
    Subtotal HEADING 7
    of the MFF
    0,086 0,433 1,115 1,548 3,181 1,964 2,005 1,964 9,113
    Outside HEADING 7
    of the MFF
    Human Resources 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000
    Other administrative
    expenditure
    0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000
    Subtotal Outside
    HEADING 7 of the
    MFF
    0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000 0,000
    TOTAL 0,086 0,433 1,115 1,548 3,181 1,964 2,005 1,964 9,113
    The appropriations required for human resources and other expenditure of an administrative nature will be met by
    appropriations from the Commission Services that are already assigned to management of the action and/or have been
    redeployed within these Commission Services, together if necessary with any additional allocation which may be granted to
    the managing Commission Services under the annual allocation procedure and in the light of budgetary constraints.
    3.2.3.1. Estimated requirements of human resources
    –  The proposal/initiative does not require the use of human resources.
    –  The proposal/initiative requires the use of human resources, as explained
    below:
    Estimate to be expressed in full time equivalent units
    2024 2025 2026 2027
    2028
    64
    2029
    65 203066
    Establishment plan posts (officials and temporary staff)
    20 01 02 01 (Headquarters and Commission’s
    Representation Offices) 1 2 5 7 9 9 9
    20 01 02 03 (Delegations)
    01 01 01 01 (Indirect research)
    01 01 01 11 (Direct research)
    Other budget lines (specify)
    60
    This table represents a scenario where 20 Member States participate. This does not prejudge Member States’
    choices and the budget will be adjusted depending on the number of the Member States participating in the EU
    Talent Pool.
    61
    Idem.
    62
    Idem.
    63
    Idem.
    64
    Idem.
    65
    Idem.
    66
    Idem.
    EN 55 EN
    External staff (in Full Time Equivalent unit: FTE)
    20 02 01 (AC, END, INT from the ‘global
    envelope’) 0 1 2 3 4 4 4
    20 02 03 (AC, AL, END, INT and JPD in the
    delegations)
    01 01 01 02 (AC, END, INT - Indirect research)
    01 01 01 12 (AC, END, INT - Direct research)
    Other budget lines (specify)
    TOTAL 1 3 7 10 13 13 13
    The human resources required will be met by staff from the Commission Services who are already assigned to management
    of the action and/or have been redeployed within these Commission Services, together if necessary with any additional
    allocation which may be granted to the managing Commission Services under the annual allocation procedure and in the light
    of budgetary constraints.
    Description of tasks to be carried out:
    Officials and temporary staff
    - Support to negotiations of the legislative proposal in the European
    Parliament and the Council
    - Drafting delegated and implementing acts + negotiations over years
    2026 - 2027
    - Setting up governance structure and comitology
    - Implementation of the tasks of the EU Talent Pool Secretariat,
    including the planning and coordination of the activities of the EU
    Talent Pool
    - Data protection (including drafting and finalising controllership
    agreements)
    - Contract management of service providers and IT coordination
    (internal IT Steering Group and submission to IT board)
    - Cooperation and support with establishing the National Contact
    Points related activities
    - Administrative support for issuing the “ EU Talent Partnership
    passes”
    - Support to Member States participating in Talent Partnerships
    Specific regime for Talent Partnership (pass requirements,
    information campaign)
    External staff - Support to negotiations and preparation ahead entry into force
    - Preparation of training needs and capacity building modules
    - Support with setting up indicators framework, monitoring and
    evaluation
    - Communication strategy and organisation of events, networking
    3.2.4. Compatibility with the current multiannual financial framework
    The proposal/initiative:
    –  can be fully financed through redeployment within the relevant heading of the
    Multiannual Financial Framework (MFF).
    The costs of the EU Talent Pool proposal will be covered by AMIF without jeopardising the existing
    envelope
    –  requires use of the unallocated margin under the relevant heading of the MFF
    and/or use of the special instruments as defined in the MFF Regulation.
    Explain what is required, specifying the headings and budget lines concerned, the corresponding
    amounts, and the instruments proposed to be used.
    –  requires a revision of the MFF.
    EN 56 EN
    Explain what is required, specifying the headings and budget lines concerned and the corresponding
    amounts.
    3.2.5. Third-party contributions
    The proposal/initiative:
    –  does not provide for co-financing by third parties
    –  provides for the co-financing by third parties estimated below:
    Appropriations in EUR million (to three decimal places)
    Year
    N67
    Year
    N+1
    Year
    N+2
    Year
    N+3
    Enter as many years as
    necessary to show the
    duration of the impact (see
    point 1.6)
    Total
    Specify the co-
    financing body
    TOTAL appropriations
    co-financed
    3.3. Estimated impact on revenue
    –  The proposal/initiative has no financial impact on revenue.
    –  The proposal/initiative has the following financial impact:
    –  on own resources
    –  on other revenue
    – please indicate, if the revenue is assigned to expenditure lines 
    EUR million (to three decimal places)
    Budget revenue line:
    Appropriations
    available for
    the current
    financial year
    Impact of the proposal/initiative68
    Year
    N
    Year
    N+1
    Year
    N+2
    Year
    N+3
    Enter as many years as necessary
    to show the duration of the impact
    (see point 1.6)
    Article ………….
    For assigned revenue, specify the budget expenditure line(s) affected.
    Other remarks (e.g. method/formula used for calculating the impact on revenue or any other
    information).
    67
    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first
    year of implementation (for instance: 2021). The same for the following years.
    68
    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e.
    gross amounts after deduction of 20 % for collection costs.
    

    1_EN_annexe_proposition_part1_v4.pdf

    https://www.ft.dk/samling/20231/kommissionsforslag/kom(2023)0716/forslag/1998592/2781847.pdf

    EN EN
    EUROPEAN
    COMMISSION
    Brussels, 15.11.2023
    COM(2023) 716 final
    ANNEX
    ANNEX
    to the
    Proposal for a Regulation of the European Parliament and of the Council
    establishing an EU Talent Pool
    {SEC(2023) 716 final} - {SWD(2023) 716 final} - {SWD(2023) 717 final} -
    {SWD(2023) 718 final}
    Offentligt
    KOM (2023) 0716 - Forslag til forordning
    Europaudvalget 2023
    EN 1 EN
    ANNEX
    List of EU-wide shortage occupations
    ISCO code Occupation
    2142 Civil engineers
    2151 Electrical engineers
    2211 Generalist medical practitioners
    2212 Specialist medical practitioners
    2221 Nursing professionals
    2411 Accountants
    2511 Systems analysts
    2512 Software developers
    2513 Web and multimedia developers
    2514 Applications programmers
    2519
    Software and applications developers and analysts not elsewhere
    classified
    3113 Electrical engineering technicians
    3221 Nursing associate professionals
    5120 Cooks
    5131 Waiters
    5321 Health care assistants
    7112 Bricklayers and related workers
    7114 Concrete placers, concrete finishers and related workers
    7115 Carpenters and joiners
    7121 Roofers
    7123 Plasterers
    EN 2 EN
    7126 Plumbers and pipe fitters
    7127 Air conditioning and refrigeration mechanics
    7212 Welders and flame cutters
    7213 Sheet-metal workers
    7214 Structural-metal preparers and erectors
    7223 Metal working machine tool setters and operators
    7231 Motor vehicle mechanics and repairers
    7233 Agricultural and industrial machinery mechanics and repairers
    7411 Building and related electricians
    7412 Electrical mechanics and fitters
    7511 Butchers, fishmongers, and related food preparers
    8331 Bus and tram drivers
    8332 Heavy truck and lorry drivers
    9112 Cleaners and helpers in offices, hotels and other establishments
    3119
    Physical and engineering science technicians not elsewhere
    classified
    2143 Environmental engineers
    2133 Environmental protection professionals
    2145 Chemical engineers
    2144 Mechanical engineers
    3115 Mechanical engineering technicians
    2141 Industrial and production engineers
    

    1_DA_ACT_part1_v2.pdf


    1_DA_annexe_proposition_part1_v2.pdf