Key Benefits:
Original text
(State on 22 January 2011)
The Swiss Confederation,
Hereinafter referred to as " Switzerland, on the one hand,
And
The European Community 3 ,
Hereinafter 'the Community', on the other hand,
Hereinafter referred to as "the Contracting Parties",
Whereas the Community has established, pursuant to Decision No 1718 /2006/EC of the European Parliament and of the Council of 15 November 2006 on the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) 4 (hereinafter 'the decision establishing the MEDIA 2007 programme') a programme of support for the European audiovisual sector,
Whereas art. 8 of the decision establishing the MEDIA 2007 programme provides, under certain conditions, for the participation of third countries party to the Council of Europe Convention on Transfrontier Television 5 , other than the EFTA countries members of the EEA Agreement and the candidate countries for accession to the European Union, on the basis of additional appropriations and specific arrangements to be agreed in agreements between the parties concerned,
Whereas the abovementioned provision refers to the opening of the programme to these third countries for a preliminary examination of the compatibility of the legislation of these countries with the relevant Community acquis,
Whereas Switzerland has participated in the MEDIA Plus and MEDIA Training programmes, which have expired on 31 December 2006 6 ,
Whereas Switzerland makes commitments to supplement its legislative framework with a view to ensuring the level of compatibility required with the acquis communautaire and that, therefore, on the date of entry into force of this Agreement, Switzerland shall Conditions of participation set out in s. 8 of the decision establishing the MEDIA 2007 programme,
Whereas in particular cooperation between the Community and Switzerland with a view to pursuing the objectives set for the MEDIA 2007 programme, in the context of transnational cooperation activities involving the Community and Switzerland, is To enrich the impact of the various actions undertaken in application of this programme and to strengthen the level of human resources qualification in the Community and in Switzerland,
Having regard to the common interest of the contracting parties in the development of the European audiovisual programme industry in the framework of wider cooperation,
Whereas the Contracting Parties hope therefore to derive a mutual benefit from the participation of Switzerland in the MEDIA 2007 programme,
Agreed to the following provisions:
Cooperation between the Community and Switzerland, established by this Agreement, shall have as its objective the participation of Switzerland in all actions of the MEDIA 2007 programme, except as otherwise provided for in this Agreement, in the Respect for the objectives, criteria, procedures and deadlines set out in the decision establishing the MEDIA 2007 programme.
In order to be able to fulfil the conditions of participation provided for in the decision establishing the MEDIA 2007 programme on the date of entry into force of this Agreement, Switzerland shall implement the provisions set out in Annex I, which aim at To supplement the Swiss legislative framework to ensure the required level of compatibility with the acquis communautaire.
Except as otherwise provided in this Agreement:
1. The conditions relating to the participation of the organisations and individuals of Switzerland in each of the actions are the same as those applicable to the organisations and individuals of the Member States of the Community.
2. The eligibility of the institutions, organisations and individuals of Switzerland is governed by the relevant provisions of the decision establishing the MEDIA 2007 programme.
3. In order to guarantee the Community dimension of the programme, projects and activities which require a European partnership must, in order to be eligible for Community financial support, include at least one partner from one of the Member States The Community. The other projects and actions will have to present a clear European and Community dimension.
1. The conditions and arrangements for the presentation, evaluation and selection of applications from the institutions, organisations and individuals of Switzerland shall be the same as those applicable to eligible institutions, organisations and individuals Member States of the Community.
2. In accordance with the relevant provisions of the decision establishing the MEDIA 2007 programme, the Commission of the European Communities (hereinafter referred to as "the Commission") may consider the Swiss experts when appointing experts To assist in evaluating projects.
3. In all contacts with the Commission, the language used for application procedures, contracts, reports submitted and other administrative aspects of the program is one of the official languages of the Community.
1. Switzerland shall establish appropriate structures and mechanisms at national level and shall take all other measures necessary for the coordination and organisation of the implementation of the MEDIA 2007 programme at national level in accordance with the Relevant provisions of the decision establishing the MEDIA 2007 programme. In particular, Switzerland undertakes to establish a MEDIA Desk in cooperation with the Commission.
2. The maximum financial support that may be allocated by the programme to the activities of the MEDIA Desk will not exceed 50 % of the total budget of these activities.
In order to cover the costs resulting from its participation in the MEDIA 2007 programme, Switzerland shall contribute annually to the general budget of the European Union in accordance with the terms and conditions set out in Annex II.
The rules on financial control relating to Swiss participants in the MEDIA 2007 programme are set out in Annex III.
1. A Joint Committee is hereby established.
2. The Joint Committee shall comprise representatives of the Community, on the one hand, and representatives of Switzerland, of the other part. It shall act by mutual agreement.
3. The Joint Committee shall be responsible for the management and proper application of this Agreement.
4. At the request of either party, the Contracting Parties shall exchange information and consult each other in the Joint Committee on the activities covered by this Agreement and the financial aspects thereof.
5. In order to discuss the proper functioning of this Agreement, the Joint Committee shall meet at the request of one of the Parties. It shall draw up its rules of procedure and may set up working groups to assist it in its task.
6. Contracting Parties may submit any dispute relating to the interpretation or application of this Agreement to the Joint Committee, which is entitled to settle disputes. All relevant information to allow for a thorough review of the situation with a view to finding an acceptable solution is provided to the Joint Committee. To this end, it shall examine all possibilities for maintaining the proper functioning of this Agreement.
7. The Joint Committee shall periodically review the Annexes to this Agreement. It may, on the proposal of either Party, decide to amend the Annexes to this Agreement.
Without prejudice to the responsibilities of the Community in the monitoring and evaluation of the programme in accordance with the relevant provisions of the decision establishing the MEDIA 2007 programme, Switzerland's participation in the MEDIA 2007 programme is The subject of ongoing monitoring, in the context of a partnership between the Community and Switzerland. In order to assist it in drawing up the reports on the experience acquired in the application of the MEDIA 2007 programme, Switzerland shall send to the Community a contribution describing the national measures it has taken in this field. It shall participate in any other specific activities proposed for that purpose by the Community.
Annexes I, II and III shall form an integral part of this Agreement.
This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applicable and in accordance with the conditions laid down by that Treaty and, on the other hand, to the territory of Switzerland.
1. This Agreement shall be concluded for the duration of the MEDIA 2007 programme.
2. If the Community adopts a new multiannual programme of support for the European audiovisual sector, this Agreement may be renewed or renegotiated under the conditions laid down by mutual agreement.
3. The Community or Switzerland may denounce this Agreement by notifying the other Party of its decision. The agreement ceases to be in force 12 months after that notification. Projects and activities in progress at the time of filing the notice shall be continued until their completion under the conditions set out in this Agreement. The Contracting Parties shall settle by mutual agreement the other possible consequences of the denunciation.
This Agreement shall enter into force on the first day of the first month following notification by the Contracting Parties of the completion of their respective procedures. It is applied provisionally as of 1 Er September 2007.
This Agreement shall be drawn up in duplicate in the German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese and Romanian languages. Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
In witness whereof, The Plenipotentiaries have signed at the bottom of this Agreement.
Done at Brussels, on 11 October, two thousand seven.
Switzerland shall ensure the freedom of reception and retransmission on its territory in respect of television broadcasts falling within the competence of a Member State of the Union, as determined under Directive 2010 /13/EU of the European Parliament And the Council of 10 March 2010 aiming at the coordination of certain laws, regulations and administrative provisions of the Member States relating to the provision of audiovisual media services 1 (hereinafter 'the Audiovisual Media Services Directive') in the following ways:
Switzerland retains the right:
2. In the case of Switzerland:
It may apply to the competent Member State with a view to reaching a mutually satisfactory solution to any problems encountered. Following receipt of a reasoned request from Switzerland, the competent Member State shall request the broadcasting organisation to comply with the general public interest rules in question. The competent Member State shall inform Switzerland within two months of the results achieved as a result of this request. Switzerland or the Member State may request the Commission to invite the parties concerned to participate in an ad hoc meeting with the Commission on the margins of the contact committee in order to examine the case.
3. When Switzerland considers:
It may adopt appropriate measures against the broadcasting organisation concerned.
Such measures must be objectively necessary, applied in a non-discriminatory manner, and proportionate to the objectives pursued.
4. Switzerland cannot take measures under s. 1, point (a), or paragraph (a). 3 of this Article only if all the following conditions are met:
1 OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97 /36/EC of the European Parliament and of the Council of 30 June 1997 (OJ L 202, 30.7.1997, p. 60), as last amended by Directive 2007 /65/EC of the European Parliament and of the Council of 11 Dec. 2007 (OJ L 332, 18.12.2007, p. 27), and as codified in Directive 2010 /13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain laws, regulations and administrative provisions of the Member States relating to the supply of Audiovisual media services (Audiovisual Media Services Directive) in its version published in OJ L 95, 15.4.2010, p. 1.
1. Switzerland shall ensure that television broadcasters under its jurisdiction do not exercise their exclusive rights over events on the list of events which a Member State of the Community considers to be of major importance For the company in a way that depriving a substantial part of the public of that Member State of the opportunity to follow these events, in accordance with Art. 3 Bis The Television without Frontiers Directive.
2. In accordance with the provisions of Art. 3 Bis Of the Television without Frontiers Directive, Switzerland shall inform the European Commission of the measures taken or envisaged in this regard.
For the purpose of implementing measures relating to the promotion and distribution of European works, the definition of a European work is that which appears in Art. 6 of the Television without Frontiers Directive.
Art. 1 of this Annex shall apply from 30 November 2009.
Prior to November 30, 2009, the provisions of s. 1 of Annex II to the Agreement of 26 October 2004 between the Swiss Confederation and the European Community in the audiovisual field, laying down the terms and conditions for the participation of the Swiss Confederation in the programmes MEDIA Plus and MEDIA-Training 1 , remain applicable.
1 OJ L 90, 28.3.2006, p.22.
1 Update according to Art. 1 of D n O 1/2011 of the EU-Switzerland Joint Committee of 21 January 2011, in force since 22 January 2011 ( RO 2011 1599 ).
| Year 2007 |
Year 2008 |
Year 2009 |
Year 2010 |
2011 Year |
Year 2012 |
Year 2013 |
| 4,205,000 |
5,805 677 |
5,921,591 |
6,039,823 |
6 160 419 |
6,283 427 |
6,408,897 |
1 OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).
2 OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).
The Commission shall communicate directly with the participants in the programme established in Switzerland and with their subcontractors. Such persons may transmit directly to the Commission any relevant information and documentation which they are required to communicate on the basis of the instruments referred to in this Agreement and the contracts concluded pursuant to that Agreement. These.
1. In accordance with Regulation (EC, Euratom) n O 1605/2002 of the Council and Regulation (EC, Euratom) n O 2342/2002 of the Commission, as well as the other provisions to which this Agreement refers, decisions relating to grant agreements involving participants established in Switzerland may provide for scientific audits, Financial, technological or otherwise, may be carried out at any time with them and their subcontractors by agents of the Commission or by other persons authorised by the Commission.
2. The officers of the Commission and the other persons authorised by the Commission shall have appropriate access to the sites, works and documents, as well as to all necessary information, including in electronic format, to carry out such audits. This right of access shall be explicitly included in contracts concluded pursuant to the instruments referred to in this Agreement.
3. The Court of Auditors of the European Communities has the same rights as the Commission.
4. Audits may take place after the expiry of the programme or this Agreement in accordance with the terms laid down in the contracts in question.
5. The Swiss Federal Audit Office shall be informed in advance of the audits carried out on Swiss territory. This information is not a legal requirement for carrying out these audits.
1. Within the framework of this Agreement, the Commission (and OLAF) shall be authorised to carry out on-the-spot checks and inspections on the territory of Switzerland in accordance with the terms and conditions of the Regulation (EC, Euratom) n O 2185/96 of the Council of 11 November 1996 on on-the-spot checks and checks carried out by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities 1 .
2. On-the-spot checks and verifications shall be prepared and conducted by the Commission in close cooperation with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Federal Audit Office Swiss, who are informed in due course of the object, purpose and legal basis of the checks and verifications, so that they can provide all necessary assistance. To this end, officials of the competent Swiss authorities may participate in on-the-spot checks and inspections.
3. If the Swiss authorities concerned so wish, they may carry out on-the-spot checks and verifications jointly with the Commission.
4. When the participants in the MEDIA 2007 programme object to on-the-spot checks or inspections, the Swiss authorities shall, in accordance with the national provisions, provide the Commission's inspectors with the necessary assistance for Allow for the completion of their on-site monitoring and verification mission.
5. The Commission shall, as soon as possible, communicate to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which it has been aware of in the course of carrying out on-the-spot checks or inspections. In any event, the Commission is required to inform the abovementioned authority of the result of such checks and verifications.
1 OJ L 292, 15.11.1996, p. 2.
1. For the purposes of the proper implementation of this Annex, the competent Swiss and Community authorities shall conduct regular exchanges of information and shall, at the request of one of them, consult.
2. The competent Swiss authorities shall, without delay, inform the Commission of any element brought to their knowledge, suggesting the existence of irregularities relating to the conclusion and execution of contracts or agreements concluded pursuant to the Instruments to which this Agreement refers.
Information communicated or obtained under this Annex, in any form, shall be covered by professional secrecy and shall benefit from the protection afforded to similar information by Swiss law and by Relevant provisions applicable to Community institutions. Such information may not be communicated to persons other than those who, within the Community institutions, Member States or Switzerland, are, by their functions, called upon to know, or be used for any other purpose than Those of ensuring effective protection of the financial interests of the contracting parties.
Without prejudice to the application of Swiss criminal law, administrative measures and penalties may be imposed by the Commission in accordance with Regulation (EC, Euratom) n O Council Regulation (EC, Euratom) No 1605/2002 O 2342/2002 Commission and Regulation (EC, Euratom) n O 2988/95 of the Council of 18 December 1995 on the protection of the European Communities' financial interests 1 .
1 OJ L 312, 23.12.1995, p. 1.
The decisions of the Commission taken under the MEDIA 2007 programme within the scope of this Agreement, which include, for persons other than States, a pecuniary obligation, shall be enforceable in Switzerland. The executory formula shall be affixed, without any control other than that of the verification of the authenticity of the security, by the authority designated by the Swiss Government which shall inform the Commission thereof without undue delay. Enforcement shall take place in accordance with the rules of the Swiss procedure. The legality of the binding decision shall be subject to the supervision of the Court of Justice of the European Communities. The judgments of the Court of Justice of the European Communities and of the Court of First Instance pronounced under an arbitration clause shall be enforceable under the same conditions.
Plenipotentiaries of the Swiss Confederation and the European Community,
Meeting in Brussels on 11 October, two thousand seven for the signature of the agreement between the Swiss Confederation and the European Community in the audiovisual field, establishing the terms and conditions for the participation of the Confederation Switzerland in the Community programme MEDIA 2007, adopted the following joint declarations and appended to this Final Act:
Joint Declaration by the Contracting Parties on the development of a dialogue of mutual interest in audiovisual policy.
Joint declaration by the contracting parties on the adaptation of the agreement to the new Community directive.
They also took note of the statements mentioned below and appended to this Final Act:
Council statement on the participation of Switzerland in the committees.
Council declaration on Annex I to the Agreement.
Done at Brussels, on 11 October, two thousand seven.
The two parties state that, in order to ensure the sound implementation of the agreement and to strengthen the spirit of cooperation in matters concerning audiovisual policy, the development of a dialogue on these matters is of mutual interest. Both parties state that this dialogue will take place both within the framework of the Joint Committee established by the Agreement and in other fora, where appropriate and as appropriate. The two parties state that, in this spirit, representatives of Switzerland may be invited to meetings on the margins of the meetings of the "contact committee" established by Directive 97 /36/EC of the European Parliament and of the Council of 30 June 1997 Amending Council Directive 89 /552/EEC on the coordination of certain laws, regulations and administrative provisions of the Member States relating to the pursuit of television broadcasting activities 1 .
The Parties state that, when a new Directive is adopted on the basis of the Commission proposal for a Directive of the European Parliament and of the Council amending Council Directive 89 /552/EC (COM (2005) 646 final), the Committee Shall rule on the updating, in Article 1 of Annex I, of the reference to Council Directive 89 /552/EC as amended by a reference to the new Directive.
The Council agrees that the representatives of Switzerland shall participate, as observers and in matters concerning them, in the meetings of the committees and groups of experts of the MEDIA programme. These committees and expert groups shall meet without the presence of the representatives of Switzerland at the time of the vote.
For the proper functioning of the agreement:
1 OJ L 202, 30.7.1997, p. 60.
1 RO 2010 3497
2 RO 2010 3499 ; FF 2007 6313 , 2008 8165
3 Currently the European Union.
4 Decision n O 1718 /2006/EC of the European Parliament and of the Council of 15 November 2006 on the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (OJ L 327, 24.11.2006, page 12).
5 RS 0.784.405
6 [ RO 2006 1041 ]
