BAKGRUNN (fra kommisjonsforordningen)

(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 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 Council5 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. 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, which fall within the area referred to in Article 1, point B of Council Decision 1999/437/EC.

(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, 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.

(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 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.

(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 and delivered an opinion on 2 December 2022,