EU Wants to Share Refugee Information with Switzerland

Recommendation for a Council Decision

The European Commission proposes that the Council authorise the opening of negotiations with Switzerland for an agreement that will allow the EU and Switzerland to exchange information about people who have temporary protection status.

Why this is needed

• EU Member States must register the personal data of people who receive temporary protection and cooperate with each other (Temporary Protection Directive, Articles 10 and 27).
• Switzerland, which is part of the Schengen area but does not apply the Directive, has its own temporary‑protection system. It had 65 953 registrations on 25 October 2022.
• Many of those people may have been registered in an EU Member State before moving to Switzerland. Exchanging data will help Member States stop giving benefits to people who are already registered in Switzerland.
• The agreement will help keep the distribution of displaced people from Ukraine balanced and prevent abuse.

Legal basis

• The Council can open negotiations under Article 218(3) and (4) of the Treaty on the Functioning of the European Union (TFEU).
• The final agreement will be decided at the end of the negotiations.

Budget

• The agreement will not create any new costs for the EU.

Council Decision (draft)

1. The Commission is authorised to negotiate an agreement with Switzerland on data exchange for temporary‑protection beneficiaries.
2. The negotiating directives are set out in the annex.
3. Negotiations will be carried out with the Working Party on Asylum.
4. The decision is addressed to the Commission.

Annex – Negotiating directives

1. Purpose – Establish a legal basis for data exchange between the EU and Switzerland.
2. Objective – Conclude the agreement.
3. Content – The agreement must cover:

• The legal framework for temporary protection in both sides.
• The purpose and use of the data.
• The types of data to be exchanged.
• The authorities that will exchange the data.
• Cost‑sharing for any IT platform used.

4. Entry into force, validity and termination – Standard provisions, with possible automatic termination linked to the temporary‑protection period.

This recommendation is part of the EU’s response to the mass influx of people fleeing Ukraine and aims to improve cooperation and data sharing with Switzerland.