Ordinance on the Entry/Exit System (EESO) (EESO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 4 Consultation for checking visa applications and making visa decisions
1 The EES shall be consulted directly via the national visa system (ORBIS) to check visa applications and to decide on such applications or to decide on the annulment, revocation or extension of a visa, using one or more of the following data: a. surname, first name, date of birth, gender, nationality (personal data); b. type and number of the travel document, code of the issuing State, expiry date (travel document data); c. number of the visa sticker, code of the issuing State (visa-related data); d. fingerprints, facial image (biometric data). 2 If the search produces a hit, the authorised body may request the data in categories I-VI in accordance with Annex 2.
Art. 5 Consultation during checks at Schengen external borders or on Swiss territory
1 The EES shall be consulted during checks on third-country nationals at the Schengen external borders or to verify the legal residence of third-country nationals on Swiss territory on the basis of one or more items of personal data or travel document data. 2 If the search produces a hit, the biometric data of the person concerned recorded live shall be compared with their stored biometric data. 3 If the comparison results in a match, the authorised body may consult the data in Categories I-VI in accordance with Annex 2. 4 If the search does not produce any hits or if the consulting body has doubts about the identity of the person concerned, the consulting body shall consult the EES for identification purposes.
Art. 6 Collection and updating of data
1 If consultation of the EES during checks on third-country nationals in accordance with Article 5 reveals that no personal EES dossier has yet been created for the person concerned, the consulting body may create one. 2 If consultation reveals that the time of entry into or exit from the Schengen area or the refusal of entry was not recorded in the EES for the person concerned, the consulting body may record this. 3 If consultation reveals that data on the person concerned has already been recorded in the EES, the consulting body may update this data.
Para. 2 — Erratum of 13 Sept. 2023, concerns only the Italian text (AS 2023 508).
Art. 7 Consultation for identification purposes
1 Consultation of the EES in order to identify third-country nationals who may already have been registered under a different identity or who do not or who no longer fulfil the requirements for entry to or residence in the Schengen area shall carried out using the biometric data recorded live. 2 If the search produces a hit, the authorised body may consult the data in categories I-VI in accordance with Annex 2.
Art. 8 Consultation of the automated calculator
(Art. 103c para. 3 FNIA) 1 The authorised bodies may consult the automated calculator online in order to determine whether the third-country national concerned has exceeded the authorised period of stay in the Schengen area. 2 The calculator provides the data for category VI in accordance with Annex 2.
Art. 9 Access to the list generated by the information mechanism
(Art. 103f let. j FNIA) 1 The following SEM bodies may access the list of third-country nationals who have exceeded the authorised period of stay in the Schengen area generated by the information mechanism in accordance with Article 12 of Regulation (EU) 2017/2226: a. the Planning and Resources Directorate: to compile statistics; b. the Immigration and Integration Directorate: to fulfil their tasks in relation to visas, travel documents and identification. 2 The list contains the data of categories I, II, V and VI according to Annex 2.
Para. 1 — See footnote to Art. 1 let. a.