Commentaries: Art. 108e

SEM may record and process data in ETIAS in order to fulfil its tasks as an ETIAS National Unit. At the request of fedpol and the FIS, it shall record and process data from the ETIAS watchlist.
The following authorities or third parties may consult ETIAS data online:
1. SEM, the employees of the Federal Office for Customs and Border Security (FOCBS) responsible for checks on persons within Switzerland, the cantonal and communal police authorities and the cantonal and communal migration authorities: to check the requirements for entry and residence in Switzerland;
2. the FOCBS employees responsible for checks on persons at the border and the cantonal police authorities responsible for checks at the Schengen external borders: to fulfil their border control tasks at the Schengen external borders;
3. air carriers: to verify whether the third-country national is in possession of a valid ETIAS travel authorisation.
The following authorities may request EES data from the central access point under paragraph 5 in order to prevent, detect or investigate terrorist or other serious offences:
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. ¹ the FOCBS employees responsible for prosecutions.
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The central access point in terms of Article 50 of Regulation (EU) 2018/1240³is the fedpol Operations Centre.

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Repealed by Art. 4 des BB of 25 Sept. 2020 on the Approval and Implementation of the Exchange of Notes between Switzerland and the EU on the Adoption of Regulation (EU) 2018/1240 establishing a European Travel Information and Authorisation System (ETIAS), with effect from 15 June 2025 (AS 2025 346;BBl 2020 2885). ↩
See footnote to Art. 5 para. 1 let. a^bis. ↩

Art. 108e