Switzerland / Schengen : New Technology for External Schengen Border Controls

As of 2022, the personal information of non-EU nationals entering the Schengen area - and therefore, Switzerland - for short stays will be recorded electronically. A common European wide information system will be implemented to monitor entries and exists.

As Switzerland is part of the Schengen area, entries into the country will be directly impacted by the Schengen-wide regulation. Therefore, the Swiss legal framework will need to be adapted accordingly. The Swiss Federal Council announced on 10 November 2021 that the Swiss Federal Act on Foreign Nationals and Integration (FNIA) will be amended accordingly, entering into force on 1 May 2022. This particular EU regulation requires an implementation into the FNIA and a clarification of some specific points by drafting a new ordinance of the entry and exit system (OEES). This new legislative act will mainly govern the rights of the Swiss authorities with regards to data entry, processing and consultation, as well as the procedure for consulting data and accessing the European wide system.

Drastic change in a world with “no” borders 

The purpose of this new Schengen-wide electronic system is to increase the efficiency of border controls and enable authorities to track entries into and exits out of Switzerland and the Schengen area. In a world where one can move freely from one state to another, borders within the Schengen area have almost been forgotten by some individuals. The implementation of an electronic system of the Schengen external borders should be seen as a drastic contrast. In Switzerland, this system will be used at airports as well as by migration and police authorities. The exact scope should be clearly defined within the new ordinance.

Potential impact of tracking business travellers

The new regulation is being implemented as the number of non-EU nationals entering the Schengen area has been significantly increasing over the last decade. Border controls, which have already been tightened due to COVID-19, will be further tightened with this new regulation. However, controls are expected to be easier and faster due to automation. Automated controls will enable border control authorities to better track, manage and fight overstays, most particularly business travellers subject to the famous Schengen stay limitations, i.e. 90 days within 180 days maximum stay rule.

Summary

To sum up, as of next year, the data of non-EU nationals entering the Schengen area (incl. Switzerland) for short stays will be recorded electronically on a common European wide information system. As a result, Switzerland must adapt its internal legislation. Technology will provide better control, visibility and possibility to track entries into and exits out of the Schengen area. Authorities will be in better positions to track overstays and manage controls on Schengen stay limitations, i.e. 90 days within 180 days maximum stay rule.

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Alessia Randazzo

Alessia Randazzo

Manager, Private clients – Immigration, PwC Switzerland

Tel: +41 58 792 18 41

Kornel Wick

Kornel Wick

Managing Director, Private Clients – Executive Advisory, PwC Switzerland

Tel: +41 58 792 42 48