Commentaries: Art. 102abis

Within the framework of the application of the Dublin Association Agreements¹, SEM is responsible for dealings with the Central Unit of the Eurodac System.
It shall transmit the following data to the Central Unit:
1. the place and date of the application in Switzerland;
2. the sex of the applicant;
3. the fingerprints taken in accordance with Article 99 paragraph 1;
4. the Swiss code number for the fingerprints;
5. the date on which the fingerprints were taken;
6. the date on which the data was transmitted to the Central Unit.
7. the user password.²
a. on the admission of a person under Regulation (EU) No 604/2013³: the time of arrival in Switzerland; b. on the readmission of a person under Regulation (EU) No 604/2013: the time of arrival in Switzerland; c. on proof that an applicant whose application must be processed by Switzerland under Regulation (EU) No 604/2013 has left the territory of the states bound by any one of the Dublin Association Agreements: the time of departure; d. on successful enforcement of removal, the time of the deportation or departure of the applicant from the territory of the states bound by any one of the Dublin Association Agreements; e. if Switzerland, based on the sovereignty clause in Regulation (EU) No 604/2013, decides voluntarily to become the Dublin state responsible for processing an asylum application: the time of this decision.⁴
If the condition of the fingers of the person concerned do not allow fingerprints to be taken, the fingerprints must be transmitted to the Central Unit within 48 hours of fingerprints of acceptable quality being taken. If it is impossible to take fingerprints due to the state of health of the person concerned or due to public health measures, the fingerprints must be transmitted to the Central Unit within 48 hours of the impediment ceasing to apply.⁵
If the transmission of data is prevented by serious technical problems, an additional period of 48 hours shall be allowed in order to take the measures required to ensure that the system operates correctly again.⁶
SEM shall also transmit the following data to the Central Unit:
The transmitted data shall be stored in the Eurodac database and automatically compared with the data already stored in this database. The result of the comparison shall be communicated to SEM.⁷
The data shall be automatically erased by the Central Unit ten years after the fingerprints were taken. If a person whose data has been transmitted by Switzerland to the Eurodac database is granted citizenship of a state bound by one of the Dublin Association Agreements before the expiry of this period, SEM, as soon as it has been notified of this fact, shall request the Central Unit to erase the data immediately.

These conventions are listed in Annex 1. ↩
Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (new version), Amended by OJ L 180 of 29.6.2013, p. 31. ↩
Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩
Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩
Inserted by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩
Amended by Annex No 2 of the FD of 26 Sept. 2014 (Adoption of R [EU] No 603/2013 on the Establishment of Eurodac and the amendment to R [EU] No 1077/2011 on the Establishment of the IT Agency), in force since 20 July 2015 (AS 2015 2323;BBl 2014 2675). ↩

Art. 102abis

Footnotes