Commentaries: Art. 103c

The following authorities may enter and process data in the EES online in accordance with Regulation (EU) 2017/2226¹:
1. the Border Guard and the cantonal police authorities responsible for the controlling the Schengen external borders: to fulfil their duties in relation to border control;
2. SEM, the Swiss representations abroad and the missions, the cantonal migration authorities responsible for issuing visas and the communal authorities to which the cantons have delegated such responsibilities: in relation to the revocation, cancellation or extension of a visa or of a permitted stay of a maximum of 90 days in any period of 180 days;
3. the Border Guard, the cantonal and communal police authorities and the cantonal and communal migration authorities: to verify that a stay in Switzerland is lawful and to create and update the EES file.
The following authorities may consult the data in the EES online:
1. the Border Guard and the cantonal police authorities responsible for controlling the Schengen external borders: to conduct the controls at the Schengen external border crossing points and on Swiss sovereign territory;
2. SEM, the Swiss representations abroad and the missions, the cantonal migration authorities responsible for issuing visas and the communal authorities to which the cantons have delegated such responsibilities, the FDFA State Secretariat and Directorate of Political Affairs, and the Border Guard and the cantonal police border posts: in relation to the visa procedure via the Central Visa Information System (C-VIS) (Art. 109a );
3. the Border Guard, the cantonal and communal police authorities that carry out checks on persons, SEM and the cantonal and communal migration authorities: for the purpose of checking the requirements for entry or stay in Switzerland and in order to identify foreign nationals who may have been registered in the EES under another identity or who do not or no longer meet the requirements for entering or staying in Switzerland;
4. ² SEM: as part of the fulfilment of its tasks as the national unit for the European Travel Information and Authorisation System (ETIAS) (ETIAS National Unit).
The authorities under paragraph 2 may consult the data online that the automated calculator under Article 11 of Regulation (EU) 2017/2226 provides.
The following authorities may request EES data from the central access point under paragraph 6 in order to prevent, detect or investigate terrorist or other serious offences:³
1. fedpol;
2. the FIS;
3. the Office of the Attorney General of Switzerland;
4. the cantonal police and prosecution authorities and the police authorities of the cities of Zurich, Winterthur, Lausanne, Chiasso and Lugano;
5. ⁴ the employees of the Federal Office for Customs and Border Security (FOCBS) responsible for criminal prosecution.
…⁵
The central access point under Article 29 paragraph 3 of Regulation (EU) 2017/2226 is the fedpol Operations Centre.⁶

See footnote to Art. 103b para. 1. ↩
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). ↩
Amended by No I of the FA of 25 Sept. 2020 (Application of the Schengen Data Protection Act to the Federal Intelligence Service), in force since 1 April 2023 (AS 2023 147;BBl 2020 2885). ↩
Inserted by No I of the FA of 16 Dec. 2022 (Access to the CIR and to Data from three EU Information Systems), in force since 15 June 2025 (AS 2025 350;BBl 2022 1421). ↩
Repealed by No III of the FA of 25 Sept. 2020 (Application of the Schengen Data Protection Act to the Federal Intelligence Service), with effect from 1 Sept. 2023 (AS 2023 147;BBl 2020 2885). ↩
Inserted by No I of the FA of 25 Sept. 2020 (Application of the Schengen Data Protection Act to the Federal Intelligence Service), in force since 1 April 2023 (AS 2023 147;BBl 2020 2885). ↩

Art. 103c

Footnotes