COMMISSION DELEGATED REGULATION (EU) 2021/916

of 12 March 2021

supplementing Regulation (EU) 2018/1240 of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS) as regards the predetermined list of job groups used in the application form

THE EUROPEAN COMMISSION,

Having regard to Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (1), and in particular Article 17(3) thereof,

Whereas:

(1) Regulation (EU) 2018/1240 establishes the European Travel Information and Authorisation System (‘ETIAS’) for third-country nationals exempt from the requirement to be in the possession of a visa for the purposes of entering and staying in the territory of the Member States.

(2) As part of the ETIAS application form to be completed by each applicant, applicants will be required to provide personal data related to their current occupation. To do so, applicants should choose their current occupation based on a predetermined list of job groups.

(3) A predetermined list of job groups should thus be laid down. 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, applicants 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) In order to ensure that the form is as user-friendly as possible, the electronic form should ensure only relevant options are displayed and actively assist the applicant in finding his or her relevant job group by filtering options on the basis of past selections made.

(5) In accordance with Articles 1 and 2 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, Denmark did not take part in the adoption of Regulation (EU) 2018/1240 and is not bound by it or subject to its application. However, given that Regulation (EU) 2018/1240 builds upon the Schengen acquis, Denmark notified on 21 December 2018, in accordance with Article 4 of that Protocol, its decision to implement Regulation (EU) 2018/1240 in its national law.

(6) This Regulation constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (2); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(7) 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 [latters’] association with the implementation, application and development of the Schengen acquis (3), which fall within the area referred to in Article 1, point A of Council Decision 1999/437/EC (4).

(8) 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 (5), which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2008/146/EC (6).

(9) 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 (7) which fall within the area referred to in Article 1, point A, of Decision 1999/437/EC, read in conjunction with Article 3 of Council Decision 2011/350/EU (8).

(10) As regards Cyprus, Bulgaria and Romania and Croatia, this Regulation constitutes an act building upon, or otherwise relating to, the Schengen acquis within, respectively, the meaning of Article 3(1) of the 2003 Act of Accession, Article 4(1) of the 2005 Act of Accession and Article 4(1) of the 2011 Act of Accession.

(11) 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 (9) and delivered an opinion on 4 September 2020,

HAS ADOPTED THIS REGULATION:

Article 1 Current occupation in the application form 1. Pursuant to Article 17(3) of Regulation (EU) 2018/1240, for completion of the current occupation field in the application form, the applicant shall choose one of the following options: (a) employed; (b) self-employed; (c) unemployed/not employed; (d) retired; or (e) student. 2. Where the applicant chooses point (a) or point (b) of paragraph 1, he or she shall select the level 1 (major group) and level 2 (sub-major group) job group corresponding to his or her current occupation from the predetermined list of job groups laid down in the Annex. 3. Where the selected level job group contains options permitting a more specific identification of the applicant’s occupation under level 3 (minor group) or level 4 (unit group) job groups, the applicant shall be required to select the most detailed job group level available. 4. Where the applicant is a minor, only the options in points (a), (b), (c) or (e) of paragraph 1 shall be visible and available for selection. 5. The application form shall assist the applicant in finding his or her relevant job group by filtering options on the basis of previous options selected.

Article 2 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties. Done at Brussels, 12 March 2021. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 236, 19.9.2018, p. 1.

(2) 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).

(3) OJ L 176, 10.7.1999, p. 36.

(4) 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).

(5) OJ L 53, 27.2.2008, p. 52.

(6) 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).

(7) OJ L 160, 18.6.2011, p. 21.

(8) 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).

(9) 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).