Commission Delegated Regulation (EU) 2023/1177 of 5 April 2023 supplementing Regulation (EC) No 767/2008 of the European Parliament and of the Council as regards the predetermined list of occupations for the purposes of the Visa Information System

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of information between Member States on short-stay visas, long-stay visas and residence permits (VIS Regulation) (1), and in particular Article 9, third paragraph, thereof,

Whereas:

(1) Regulation (EC) No 767/2008 establishes the Visa Information System (VIS) and defines the purpose and functionalities of, and the responsibilities for the system. That Regulation sets up conditions and procedures for the exchange of data between Member States on short-stay visas, long-stay visas and residence permits.

(2) As part of the application form for short-stay visas to be completed by each applicant, applicants are to provide personal data related to their current occupation. When entering data in the application file pursuant to Article 9 of Regulation (EC) No 767/2008, the occupation is to be entered by selecting the occupation from a predetermined list of occupations (job group).

(3) A predetermined list of job groups should thus be laid down for the purposes of the VIS. The list should use the International Standard Classification of Occupations (ISCO) adopted by the International Labour Organisation. In order to ensure that data on applicants’ occupations is sufficiently specific, the visa authority should be required to select job groups to at least level 2 (sub-major group) of the Standard, but also to levels 3 (minor group) or 4 (unit group), where available.

(4) The data field on the applicant’s current occupation in the VIS application file should ensure that only relevant options are displayed and actively assist the visa authority in finding the job group by filtering options on the basis of previous selections made.

(5) Specific provisions apply to third-country nationals subject to a visa requirement, who are family members of citizens of the Union to whom Directive 2004/38/EC of the European Parliament and of the Council (2) applies or of third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and a third country, on the other, and who do not hold a residence card pursuant to Directive 2004/38/EC. Similarly, the predetermined list of current occupations (job groups) should not apply to family members of UK nationals who are themselves beneficiaries of the EU-UK Withdrawal Agreement in the host State for which the visa application is made.

(6) Given that Regulation (EU) 2021/1134 of the European Parliament and of the Council (3) builds upon the Schengen acquis, Denmark, in accordance with Article 4 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, notified the implementation of Regulation (EU) 2021/1134 in its national law. Denmark is therefore, bound by this Regulation.

(7) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part (4). Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(8) As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (5), which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC (6).

(9) As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (7), which fall within the area referred to in Article 1, point B of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (8).

(10) As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (9) which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2011/350/EU (10).

(11) This Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(2) of the 2003 Act of Accession and Article 4(2) of the 2005 Act of Accession.

(12) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (11) and delivered an opinion on 2 December 2022,

HAS ADOPTED THIS REGULATION:

Article 1

Current occupation

(a) employed;

(b) self-employed;

(c) unemployed/not employed;

(d) retired;

(e) student.

Article 2

Entry into force and applicability

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

The provisions in this Regulation shall apply from the date of the start of operations of the VIS pursuant to Article 11 of Regulation (EU) 2021/1134.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 5 April 2023.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 218, 13.8.2008, p. 60.

(2) Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).

(3) Regulation (EU) 2021/1134 of the European Parliament and of the Council of 7 July 2021 amending Regulations (EC) No 767/2008, (EC) No 810/2009, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1860, (EU) 2018/1861, (EU) 2019/817 and (EU) 2019/1896 of the European Parliament and of the Council and repealing Council Decisions 2004/512/EC and 2008/633/JHA, for the purpose of reforming the Visa Information System (OJ L 248, 13.7.2021, p. 11).

(4) This Regulations falls outside the scope of the measures provided for in Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

(5) OJ L 176, 10.7.1999, p. 36.

(6) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

(7) OJ L 53, 27.2.2008, p. 52.

(8) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008, p. 1).

(9) OJ L 160, 18.6.2011, p. 21.

(10) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

(11) 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).