Commentaries: Art. 103b

In accordance with Regulation (EU) 2017/2226¹, the entry and exit system (EES) contains the personal data of third-country citizens who enter the Schengen area for a stay of a maximum of 90 days in any period of 180 days or whose entry into the Schengen area is refused.²
The following categories of data are transferred via the national interface to the EES:
1. ³ identity data relating to the third-country citizens concerned and the data relating to the travel documents;
2. facial image;
3. ⁴ data on visas issued, if there is a visa requirement;
4. ⁵ data on ETIAS travel authorisations issued, if there is an obligation to do so;
5. the time of entry into and exit from the Schengen area, the border crossing point and the authority responsible for the border checks;
6. refusals of entry.
If third-country citizens are visa-exempt, in addition to the data under paragraph 2, the responsible authority shall fingerprint the persons concerned and transfer the fingerprints to the EES.
The EES data in accordance with paragraph 2 letters a and b and paragraph 3 shall be stored automatically in the Common Identity Repository (CIR).⁶

Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011, last amended by OJ L 327 of 9.12.2017, p. 20. ↩
Amended by Annex No 1 of the FD of 16 Dec. 2022 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2021/1150 and 2021/1152 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System (ETIAS), in force since 15 June 2025 (AS 2025 349;BBl 2022 1449). ↩
Amended by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Inserted by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩
Inserted by Annex No 1 of the FD of 16 Dec. 2022 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2021/1150 and 2021/1152 as regards the establishment of the conditions for accessing other EU information systems for the purposes of the European Travel Information and Authorisation System (ETIAS), in force since 15 June 2025 (AS 2025 349;BBl 2022 1449). ↩
Inserted by Annex 1 No 1 of the FD of 19 March 2021 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulations (EU) 2019/817 and (EU) 2019/818 on Establishing a Framework for Interoperability between EU Information Systems, in force since 15 June 2025 (AS 2025 347;BBl 2020 7983). ↩

Art. 103b

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