Ordinance of November 10, 2021, on the Entry/Exit System (EES) - Purpose (EESV)

This ordinance: a. establishes the catalog of data entered into the Entry/Exit System (EES), designates the authorities authorized to access it (authorized services), and defines the scope of access authorizations pursuant to Regulation (EU) 2017/2226; b. regulates the procedure for consulting the EES and the procedure for accessing EES data; c. governs the access of law enforcement authorities to EES data through the central access point; d. regulates the correction, addition, or deletion of data; e. governs the rights of data subjects, data protection, data security, and the monitoring of data processing.

This ordinance: a. establishes the catalog of data entered into the Entry/Exit System (EES), designates the authorities authorized to access it (authorized services), and defines the scope of access authorizations pursuant to Regulation (EU) 2017/2226; b. regulates the procedure for consulting the EES and the procedure for accessing EES data; c. governs the access of law enforcement authorities to EES data through the central access point; d. regulates the correction, addition, or deletion of data; e. governs the rights of data subjects, data protection, data security, and the monitoring of data processing.

For the purposes of this ordinance, the following definitions apply: a. Schengen State: a State bound by one of the association agreements to Schengen; b. external borders of the Schengen area: the borders that have been established in accordance with Art. 29, para. 1, of the Ordinance of August 15, 2018, on Entry and the Granting of Visas (OEV); c. third-country national: a citizen of a State that is neither a member of the European Union (EU) nor of the European Free Trade Association; d. terrorist offense: an offense as defined in Annex 1 a of the N-SIS Ordinance of March 8, 2013; e. other serious criminal offense: an offense as defined in Annex 1 b of the N-SIS Ordinance. The association agreements to Schengen are listed in Annex 1.

For the purposes of this ordinance, the following definitions apply: a. Schengen State: a State bound by one of the association agreements to Schengen; b. external borders of the Schengen area: the borders that have been established in accordance with Art. 29, para. 1, of the Ordinance of August 15, 2018, on Entry and the Granting of Visas (OEV); c. third-country national: a citizen of a State that is neither a member of the European Union (EU) nor of the European Free Trade Association; d. terrorist offense: an offense as defined in Annex 1 a of the N-SIS Ordinance of March 8, 2013; e. other serious criminal offense: an offense as defined in Annex 1 b of the N-SIS Ordinance. The association agreements to Schengen are listed in Annex 1.

The catalogue of EES data, the authorized services, and the extent of access permissions are defined in Annex 2.

The catalogue of EES data, the authorized services, and the extent of access permissions are defined in Annex 2.

The consultation of the EES for the examination of visa applications and related decisions or decisions concerning the revocation, cancellation, or extension of a visa is carried out directly through the national visa information system (ORBIS) using one or more of the following data: a. name, first name, date of birth, gender, nationality (personal data); b. type and number of travel document, issuing state code, expiry date of the validity of said document (travel document data); c. visa sticker number, issuing state code (visa-related data); d. fingerprints, facial image (biometric data).

If the result of the search is positive, the authorized service may consult the data in categories I to VI listed in Annex 2.

The consultation of the EES for the examination of visa applications and related decisions or decisions concerning the revocation, cancellation, or extension of a visa is carried out directly through the national visa information system (ORBIS) using one or more of the following data: a. name, first name, date of birth, gender, nationality (personal data); b. type and number of travel document, issuing state code, expiry date of the validity of said document (travel document data); c. visa sticker number, issuing state code (visa-related data); d. fingerprints, facial image (biometric data).

If the result of the search is positive, the authorized service may consult the data in categories I to VI listed in Annex 2.

The consultation of the EES when checking a third-country national at the external borders of the Schengen Area or when verifying the legality of such a person's stay on Swiss territory is conducted using one or more pieces of data related to the person or the travel document.

If the search result is positive, the biometric data of the person concerned, captured on-site, is compared with the data recorded about them.

If the comparison result is positive, the authorized service may consult the data in categories I to VI mentioned in Annex 2.

If the search result is negative or the service has doubts about the individual's identity, said service conducts a consultation for identification purposes.

The consultation of the EES when checking a third-country national at the external borders of the Schengen Area or when verifying the legality of such a person's stay on Swiss territory is conducted using one or more pieces of data related to the person or the travel document.

If the search result is positive, the biometric data of the person concerned, captured on-site, is compared with the data recorded about them.

If the comparison result is positive, the authorized service may consult the data in categories I to VI mentioned in Annex 2.

If the search result is negative or the service has doubts about the individual's identity, said service conducts a consultation for identification purposes.

If, upon consulting the EES for the purpose of verifying the identity of a third-country national as referred to in Art. 5, it is found that an individual EES record has not yet been created, the service consulting the system may create one.

If it is found upon consultation that the date of entry into the Schengen area, the date of exit from this area, or the refusal of entry has not been recorded in the EES, the service consulting the system may enter them.

If it is found upon consultation that data relating to the individual has already been recorded in the EES, the service consulting the system may update them.

If, upon consulting the EES for the purpose of verifying the identity of a third-country national as referred to in Art. 5, it is found that an individual EES record has not yet been created, the service consulting the system may create one.

If it is found upon consultation that the date of entry into the Schengen area, the date of exit from this area, or the refusal of entry has not been recorded in the EES, the service consulting the system may enter them.

If it is found upon consultation that data relating to the individual has already been recorded in the EES, the service consulting the system may update them.

The consultation of the EES for identifying a third-country national who may have been previously registered in the EES under a different identity or who does not meet or no longer meets the entry or stay conditions in the Schengen Area is conducted using the biometric data captured on site.

If the search result is positive, the authorized service may consult the data from categories I to VI mentioned in Annex 2.

The consultation of the EES for identifying a third-country national who may have been previously registered in the EES under a different identity or who does not meet or no longer meets the entry or stay conditions in the Schengen Area is conducted using the biometric data captured on site.

If the search result is positive, the authorized service may consult the data from categories I to VI mentioned in Annex 2.

Authorized services may consult the automatic calculator online to determine if a third-country national has exceeded the maximum authorized duration of stay in the Schengen Area.

The calculator provides the data from Category VI mentioned in Annex 2.

Authorized services may consult the automatic calculator online to determine if a third-country national has exceeded the maximum authorized duration of stay in the Schengen Area.

The calculator provides the data from Category VI mentioned in Annex 2.

The following SEM departments can access the list generated by the information mechanism referred to in Art. 12 of Regulation (EU) 2017/2226, which contains data on third-country nationals identified as having exceeded the maximum authorized stay in the Schengen area: a. the Planning and Resources Management Division, for the purpose of compiling statistics; b. the Immigration and Integration Management Division, to carry out its tasks in the areas of visas, travel documents, and identification.

The list contains the data of Categories I, II, V, and VI mentioned in Annex 2.

The following SEM departments can access the list generated by the information mechanism referred to in Art. 12 of Regulation (EU) 2017/2226, which contains data on third-country nationals identified as having exceeded the maximum authorized stay in the Schengen area: a. the Planning and Resources Management Division, for the purpose of compiling statistics; b. the Immigration and Integration Management Division, to carry out its tasks in the areas of visas, travel documents, and identification.

The list contains the data of Categories I, II, V, and VI mentioned in Annex 2.

Within the scope of their legal duties, the following services from the federal authorities mentioned in Art. 103c, para. 4, lett. a to c, LEI can request data from the EES from the Operation and Alarm Center of fedpol (CEA fedpol) to prevent and detect terrorist offenses or other serious criminal offenses, and conduct investigations thereof

a. At fedpol

1. The Directorate of the Federal Criminal Police,

2. The Directorate of International Police Cooperation;

b. At the Federal Intelligence Service

1. The Acquisition Division,

2. The Analysis Division,

3. The Counter-Terrorism Coordination,

4. The Prohibited Intelligence Service Coordination,

5. The Counter-Extremism Coordination,

6. The Non-proliferation Coordination,

7. The Foreign Services Department;

c. At the Office of the Attorney General of Switzerland

1. The Execution of Judgments Service: to enforce decisions of the federal criminal authorities, insofar as it does not fall under the cantonal jurisdiction, particularly pursuant to Art. 82, para. 1, of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment,

2. The divisions for State Protection and Criminal Organizations, Economic Crime, Mutual Legal Assistance, Terrorism, International Criminal Law, and Cybercrime established in Bern and in the branches in Lausanne, Lugano, and Zurich that are responsible for conducting proceedings: to conduct investigations and prepare indictments regarding offenses that fall under federal jurisdiction pursuant to Art. 23 and 24 of the Code of Criminal Procedure or special federal laws.

Within the scope of their legal duties, the cantonal police and prosecution authorities mentioned in Art. 103c, para. 4, lett. d, LEI can request data from the EES from the CEA fedpol to prevent and detect terrorist offenses or other serious criminal offenses, and conduct investigations thereof.

Within the scope of their legal duties, the following services from the federal authorities mentioned in Art. 103c, para. 4, lett. a to c, LEI can request data from the EES from the Operation and Alarm Center of fedpol (CEA fedpol) to prevent and detect terrorist offenses or other serious criminal offenses, and conduct investigations thereof

a. At fedpol

1. The Directorate of the Federal Criminal Police,

2. The Directorate of International Police Cooperation;

b. At the Federal Intelligence Service

1. The Acquisition Division,

2. The Analysis Division,

3. The Counter-Terrorism Coordination,

4. The Prohibited Intelligence Service Coordination,

5. The Counter-Extremism Coordination,

6. The Non-proliferation Coordination,

7. The Foreign Services Department;

c. At the Office of the Attorney General of Switzerland

1. The Execution of Judgments Service: to enforce decisions of the federal criminal authorities, insofar as it does not fall under the cantonal jurisdiction, particularly pursuant to Art. 82, para. 1, of the Ordinance of 24 October 2007 on Admission, Residence and Gainful Employment,

2. The divisions for State Protection and Criminal Organizations, Economic Crime, Mutual Legal Assistance, Terrorism, International Criminal Law, and Cybercrime established in Bern and in the branches in Lausanne, Lugano, and Zurich that are responsible for conducting proceedings: to conduct investigations and prepare indictments regarding offenses that fall under federal jurisdiction pursuant to Art. 23 and 24 of the Code of Criminal Procedure or special federal laws.

Within the scope of their legal duties, the cantonal police and prosecution authorities mentioned in Art. 103c, para. 4, lett. d, LEI can request data from the EES from the CEA fedpol to prevent and detect terrorist offenses or other serious criminal offenses, and conduct investigations thereof.

To obtain data from the EES, the authorized services shall submit a justified request to the CEA fedpol.

To obtain data from the EES, the authorized services shall submit a justified request to the CEA fedpol.

The requested data may be obtained provided that: a. They are used: 1. To determine if a known individual suspected of committing a terrorist offense or another serious criminal offense, a known perpetrator of such an offense, or a known person presumed to be a victim of such an offense has already traveled or stayed within the territory of a Schengen State, or 2. To identify an unknown person suspected of committing a terrorist offense or another serious criminal offense, an unknown perpetrator of such an offense, or an unknown person presumed to be a victim of such an offense; b. The communication of the data is proportionate to the intended purpose, and c. Evidence or reasonable grounds exist to believe that the communication of data will achieve the intended purpose.

The Federal Police Office of the CEA verifies whether the required conditions are met before communicating the data.

Obtaining data for the purpose of identifying an unknown person referred to in para. 1, let. a, sec. 2, further presupposes that the authorized services have previously consulted the automatic fingerprint identification system (AFIS) in accordance with the Ordinance of 6 December 2013 on the processing of biometric identification data.

A prior consultation of the AFIS is not necessary: a. If it appears from the outset to be futile, or b. If an imminent danger to a person's life related to a terrorist offense or another serious criminal offense must be averted.

The requested data may be obtained provided that: a. They are used: 1. To determine if a known individual suspected of committing a terrorist offense or another serious criminal offense, a known perpetrator of such an offense, or a known person presumed to be a victim of such an offense has already traveled or stayed within the territory of a Schengen State, or 2. To identify an unknown person suspected of committing a terrorist offense or another serious criminal offense, an unknown perpetrator of such an offense, or an unknown person presumed to be a victim of such an offense; b. The communication of the data is proportionate to the intended purpose, and c. Evidence or reasonable grounds exist to believe that the communication of data will achieve the intended purpose.

The Federal Police Office of the CEA verifies whether the required conditions are met before communicating the data.

Obtaining data for the purpose of identifying an unknown person referred to in para. 1, let. a, sec. 2, further presupposes that the authorized services have previously consulted the automatic fingerprint identification system (AFIS) in accordance with the Ordinance of 6 December 2013 on the processing of biometric identification data.

A prior consultation of the AFIS is not necessary: a. If it appears from the outset to be futile, or b. If an imminent danger to a person's life related to a terrorist offense or another serious criminal offense must be averted.

In urgent cases where an imminent danger to a person's life related to a terrorist offense or another serious criminal offense must be averted, the CEA fedpol shall process the request immediately and subsequently verify whether the conditions referred to in Art. 12 were met and whether it was indeed an urgent case.

In urgent cases where an imminent danger to a person's life related to a terrorist offense or another serious criminal offense must be averted, the CEA fedpol shall process the request immediately and subsequently verify whether the conditions referred to in Art. 12 were met and whether it was indeed an urgent case.

When the conditions for obtaining data are met, the CEA fedpol consults the EES data.

For the purpose indicated in Art. 12, para. 1, let. a, item 1, the EES is consulted using personal data, travel document data, visa data, or biometric data. If the search yields one or more positive results, the CEA fedpol may communicate the data from categories I to VI mentioned in annex 2 to the requesting service.

For the purpose indicated in Art. 12, para. 1, let. a, item 2, the EES is consulted using biometric data. If the search yields a positive result, the CEA fedpol may communicate the data from category I mentioned in annex 2 to the requesting service.

When the conditions for obtaining data are met, the CEA fedpol consults the EES data.

For the purpose indicated in Art. 12, para. 1, let. a, item 1, the EES is consulted using personal data, travel document data, visa data, or biometric data. If the search yields one or more positive results, the CEA fedpol may communicate the data from categories I to VI mentioned in annex 2 to the requesting service.

For the purpose indicated in Art. 12, para. 1, let. a, item 2, the EES is consulted using biometric data. If the search yields a positive result, the CEA fedpol may communicate the data from category I mentioned in annex 2 to the requesting service.

EU Member States within the meaning of Art. 103e FNIA may submit their requests for data to the designated authorities referenced in Art. 10.

Articles 11 to 14 apply mutatis mutandis to the procedure, the conditions for obtaining the data, and the methods of consultation and transmission of the data.

EU Member States within the meaning of Art. 103e FNIA may submit their requests for data to the designated authorities referenced in Art. 10.

Articles 11 to 14 apply mutatis mutandis to the procedure, the conditions for obtaining the data, and the methods of consultation and transmission of the data.

The SEM deletes the data from categories I to VI listed in Annex 2 of a third-country national who no longer falls under the EES when said national: a. has filed an asylum application in Switzerland; b. has obtained a long-stay visa in Switzerland; c. holds a residence permit in Switzerland, or d. has acquired Swiss nationality.

The SEM deletes the data from categories I to VI listed in Annex 2 of a third-country national who no longer falls under the EES when said national: a. has filed an asylum application in Switzerland; b. has obtained a long-stay visa in Switzerland; c. holds a residence permit in Switzerland, or d. has acquired Swiss nationality.

The SEM shall correct, complete, or delete, upon request, the data of third-country nationals displayed by the information mechanism when the applicant provides evidence that: a. serious and unforeseeable events compelled them to exceed the authorized duration of their stay in the Schengen area; b. they have obtained a regular right of residence in the Schengen area.

The SEM shall correct, complete, or delete, upon request, the data of third-country nationals displayed by the information mechanism when the applicant provides evidence that: a. serious and unforeseeable events compelled them to exceed the authorized duration of their stay in the Schengen area; b. they have obtained a regular right of residence in the Schengen area.

The right of access is subject to the provisions of the Federal Data Protection Act of September 25, 2020.

The State Secretariat for Migration (SEM) processes access requests.

The right of access is subject to the provisions of the Federal Data Protection Act of September 25, 2020.

The State Secretariat for Migration (SEM) processes access requests.

The procedure for exercising the right to rectify, complete, or erase data in the EES is governed by Art. 52 of Regulation (EU) 2017/2226.

The SEM processes requests to rectify, complete, or erase data.

The procedure for exercising the right to rectify, complete, or erase data in the EES is governed by Art. 52 of Regulation (EU) 2017/2226.

The SEM processes requests to rectify, complete, or erase data.

Regarding the authorized services, data security is governed by Art. 43 of Regulation (EU) 2017/2226. They shall take the necessary measures to ensure data security.

As for the federal authorities, data security is further governed by: a. the Ordinance of 31 August 2022 on Data Protection; b. the Ordinance of 8 November 2023 on Information Security.

Regarding the authorized services, data security is governed by Art. 43 of Regulation (EU) 2017/2226. They shall take the necessary measures to ensure data security.

As for the federal authorities, data security is further governed by: a. the Ordinance of 31 August 2022 on Data Protection; b. the Ordinance of 8 November 2023 on Information Security.

The SEM may develop statistics concerning the EES in collaboration with the Federal Office of Statistics.

Access for this purpose is governed by Appendix 2.

Under no circumstances may the statistics be used to reconstruct personal data through cross-referencing.

The SEM may develop statistics concerning the EES in collaboration with the Federal Office of Statistics.

Access for this purpose is governed by Appendix 2.

Under no circumstances may the statistics be used to reconstruct personal data through cross-referencing.

The SEM is the national authority within the meaning of Art. 39, para. 1, of Regulation (EU) 2017/2226. It is responsible for performing the tasks defined in this paragraph.

The SEM is the national authority within the meaning of Art. 39, para. 1, of Regulation (EU) 2017/2226. It is responsible for performing the tasks defined in this paragraph.

The cantonal data protection authorities and the Federal Data Protection and Information Commissioner (FDPIC) collaborate within the scope of their respective competencies and coordinate the supervision of personal data processing.

In the performance of its tasks, the FDPIC collaborates with the European Data Protection Supervisor and serves as the national point of contact for the latter.

The FDPIC is the national supervisory authority as referred to in Art. 55, para. 2, of Regulation (EU) 2017/2226. It is responsible for fulfilling the tasks defined in this paragraph.

The cantonal data protection authorities and the Federal Data Protection and Information Commissioner (FDPIC) collaborate within the scope of their respective competencies and coordinate the supervision of personal data processing.

In the performance of its tasks, the FDPIC collaborates with the European Data Protection Supervisor and serves as the national point of contact for the latter.

The FDPIC is the national supervisory authority as referred to in Art. 55, para. 2, of Regulation (EU) 2017/2226. It is responsible for fulfilling the tasks defined in this paragraph.

This ordinance shall enter into force on 1 May 2022.

This ordinance shall enter into force on 1 May 2022.