Commentaries: Art. 103d

The data obtained from the EES may not in principle be disclosed to third countries, international organisations, private bodies or natural persons.
SEM may however disclose data to a state that is not bound by any of the Schengen Association Agreements, or an international organisation listed in Annex I of Regulation (EU) 2017/2226¹if this is required to prove the identity of a third-country citizen for the purpose of return and the conditions under Article 41 of Regulation (EU) 2017/2226 are met.
Article 110h applies to EES data stored in the CIR.²

See footnote to Art. 103b para. 1. ↩
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. 103d