Commentaries: Art. 109a

The Central Visa Information System (C-VIS) contains the visa data from all the states to which Regulation (EC) No. 767/2008¹applies.² 1bis. The identity data of visa applicants and the data on travel documents as well as the biometric data of the C-VIS are automatically stored in the CIR.³
The following authorities may consult C-VIS data online:
1. ⁴ SEM, Swiss representations abroad and missions, the cantonal migration authorities responsible for the visa and the communal authorities to which the cantons have delegated these responsibilities, the State Secretariat and the Directorate of Political Affairs of the FDFA, the Border Guard and the border posts of the cantonal police authorities: in the course of the visa procedure;
2. ⁵ SEM: to determine the state responsible for assessing an asylum application under Regulation (EC) No. 604/2013⁶and in the course of assessing an asylum application if Switzerland is responsible for its processing;
3. the Border Guard and the cantonal police authorities responsible for checks at the Schengen external borders: to conduct checks at the external border crossing points and on Swiss sovereign territory;
4. ⁷ the Border Guard and the cantonal and communal police authorities that conduct checks on persons: to identify persons who do not or who no longer fulfil the requirements for entry into Swiss sovereign territory or for a stay in Switzerland;
5. ⁸ SEM: in carrying out its tasks as the ETIAS National Unit.
The following authorities may request specific C-VIS data from the central access point under paragraph 5 pursuant to Regulation (EC) No 767/2008 in order to prevent, detect or investigate terrorist offences or other serious criminal offences:⁹
1. fedpol;
2. 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. ¹⁰ the FOCBS employees responsible for prosecutions.
…¹¹
The central access point in accordance with Article 3 paragraph 3 of Decision 2008/633/JI is the fedpol operations centre.¹²

Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ. L 218 of 13.8.2008, p. 60; last amended by Regulation (EU) EU) 2021/1152, OJ. L 249 of 14.7.2021, p. 15. ↩
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 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). ↩
Amended by No I of the FA of 26 Sept. 2014, in force since 1 March 2015 (AS 2015 533;BBl 2014 3373). ↩
Amended by Annex No I 1 of the FD of 26 Sept. 2014 (Adoption of R[EU] No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection), in force since 1 July 2015 (AS 2015 1841;BBl 2014 2675). ↩
See footnote to Art. 64a para. 1. ↩
Amended by No I of the FA of 14 Dec. 2018 (Procedural Arrangements and Information Systems), in force since 1 April 2020 (AS 2019 1413, 2020 881;BBl 2018 1685). ↩
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 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). ↩
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. 109a

Footnotes