Toelichting bij COM(2023)716 - Oprichting van een eu-talentenpool - Hoofdinhoud
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| dossier | COM(2023)716 - Oprichting van een eu-talentenpool. |
|---|---|
| bron | COM(2023)716  |
| datum | 15-11-2023 |
Legal migration is an essential part of the comprehensive approach to migration set out in the Pact on Migration and Asylum 1 . 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 professions 2 . 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 markets 3 . 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 addressed 4 . 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 workforce 5 , 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 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 2022 6 .
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 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.
Inhoudsopgave
- 1.2Consistency with existing policy provisions in the policy area
- 1.3Consistency with other Union policies
- 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
- 2.1Legal basis
- 2.2Subsidiarity (for non-exclusive competence)
- 2.3Proportionality
- 2.4Choice of the instrument
- 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
- 3.1Stakeholder consultations
- 3.2Collection and use of expertise
- 3.3Impact assessment
- Option 1: Soft measures aiming at improving information provision and facilitating identification and matching (non-legislative option)
- Option 2: Developing an EU Talent Pool targeted to address labour market needs in key occupations (legislative option)
- Option 3: Developing an EU Talent Pool as a fully demand-driven tool (legislative option)
- 3.4Regulatory fitness and simplification
- 3.5Fundamental rights
- 1) One-off costs for the IT development (2026-2027)
- 5.OTHER ELEMENTS
- 5.1Implementation plans and monitoring, evaluation and reporting arrangements
- 5.2Detailed explanation of the specific provisions of the proposal
- Articles 5 and 6
- CHAPTER III - GOVERNANCE
- Article 17 - Information provision and support services
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 2021 7 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 Package 8 .
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 Partnerships 9 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.
As confirmed in the 2020 Commission Recommendation on legal pathways to protection to the EU 10 , 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.
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 Agenda 11 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 Act 12 and the Green Deal Industrial Plan 13 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 EU 14 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.
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.
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.
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, 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.
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 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.
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.
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 Asylum 15 . 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.
Extensive consultations were conducted with relevant stakeholders in the context of the OECD feasibility study on the Talent Pool 17 , 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.
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).
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).
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 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.
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 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.
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 agencies 21 . 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 IMPLICATIONS 22
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 2030 23 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:
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 Commission 24 . 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).
Budgetary implications and the human and administrative resources required are detailed in the legislative financial statement.
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.
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.
CHAPTER II – IT SYSTEM ARCHITECTURE
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.
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 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 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
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.
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.