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. 10 Authorised entities
(Art. 103c para. 4 FNIA) 1 The following federal bodies in accordance with Article 103c paragraph 4 letters a-c FNIA may request EES data from the fedpol Operations and Alarm Centre (OAC fedpol) for the prevention, detection or investigation of terrorist offences or other serious criminal offences within the scope of their statutory duties: a. at fedpol: 1. the Directorate of Federal Criminal Police, 2. the Directorate of International Police Cooperation; b. at the Federal Intelligence Service: 1. the Procurement Section, 2. the Evaluation Section, 3. Counter Terrorism Coordination, 4. Intelligence Service Coordination, 5. Counter Extremism Coordination, 6. Non-Proliferation Coordination, 7. the Aliens Service Division; c. at the Office of the Attorney General of Switzerland: 1. the Judgment Enforcement Unit: for the enforcement of decisions by the federal criminal justice authorities where the cantons do not have jurisdiction, in particular in application of Article 82 paragraph 1 of
Para. 1 let. c let. 1 — SR 142.201 Para. 1 let. c let. 2 — SR 312.0
Art. 11 Procedure for obtaining the data
(Art. 103f let. b FNIA) In order to obtain EES data, the authorised agencies must submit a request to the OAC fedpol stating the reasons therefor.
Art. 12 Conditions for obtaining the data
(Art. 103f let. b and h FNIA) 1 The conditions for obtaining the data are that: a. the requested data are required: 1. to identify previous journeys and stays on the territory of any Schengen States by known persons who are suspected of terrorist offences or other serious criminal offences, have committed such offences or are suspected victims of such offences, or 2. to identify unknown persons who are suspected of terrorist offences or other serious criminal offences, have committed such offences or are suspected victims of such offences; b. the disclosure of data is proportionate; and c. there is evidence or reason to believe that the disclosure of the data will contribute to the fulfilment of the purpose pursued. 2 The OAC fedpol shall check whether the requirements are met before disclosing the data. 3 The receipt of data for the identification of unknown persons in accordance with paragraph 1 letter a number 2 additionally requires that the authorities authorised to access the dat
Para. 3 — SR 361.3
Art. 13 Procedure in urgent cases
In urgent cases in which an imminent threat to life must be averted in connection with a terrorist offence or other serious criminal offence, the OAC fedpol shall process the application without delay and subsequently check whether the requirements of Article 12 were met and whether the case was indeed urgent.
Art. 14 Retrieval and transmission of data
(Art. 103f let. b FNIA) 1 If the conditions for obtaining the data are met, the OAC fedpol shall request the data from the EES. 2 For the purpose referred to in Article 12 paragraph 1 letter a number 1, the search shall be based on personal data, travel document data, visa-related data or biometric data. If the search results in one or more hits, the OAC fedpol may transmit the data in categories I-VI in accordance with Annex 2 to the requesting authority. 3 For the purpose set out in Article 12 paragraph 1 letter a number 2, the search shall be based on biometric data. If the search results in a hit, the OAC fedpol may transmit the category I data in accordance with Annex 2 to the requesting authority.
Art. 15 Exchange of information with EU Member States that do not apply Regulation (EU) 2017/2226
(Art. 103c para. 4, 103e and 103f let. i FNIA) 1 The EU Member States referred to in Article 103e FNIA may address their requests to obtain the data to the authorities authorised to access the data in accordance with Article 10. 2 The procedure, conditions for obtaining the data, and the retrieval and transmission of the data are governed by Articles 11-14 mutatis mutandis.