Commentaries: Art. 108a

In accordance with Regulation (EU) 2018/1240¹, ETIAS contains the following data on third-country nationals who are exempt from the visa requirement and wish to enter the Schengen area:²
1. identity data and data on travel documents;
2. approved or rejected applications for an ETIAS travel authorisation.
ETIAS also contains a watchlist with data on third-country nationals:
1. who are suspected of having committed or having taken part in a terrorist offence or other serious criminal offence;
2. for whom there are factual indications or reasonable grounds to believe that they will commit or participate in a terrorist offence or other serious criminal offence.
The data referred to in paragraph 1 letter a shall be stored automatically in the Common Identity Repository (CIR).³

See footnote to Art. 5 para. 1 let. a^bis. ↩
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). ↩
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). ↩

Art. 108a