Rs 0.784.405.226.8 October 11, 2007 Agreement Between The Swiss Confederation And The European Community In The Audiovisual Field, Establishing The Terms And Conditions For The Participation Of The Swiss Confederation In The Community Programme Media

Original Language Title: RS 0.784.405.226.8 Accord du 11 octobre 2007 entre la Confédération suisse et la Communauté européenne dans le domaine de l’audiovisuel, établissant les termes et conditions pour la participation de la Confédération suisse au programme communautaire MEDIA

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0.784.405.226.8 original text agreement between the Swiss Confederation and the Community European in the audiovisual field, establishing the terms and conditions for the participation of the Confederation in the Community programme MEDIA 2007 determined on 11 October 2007 applied provisionally from September 1, 2007, approved by the Federal Assembly on June 12, 2009, entered into force August 1, 2010 (Status January 22, 2011) the Swiss Confederation hereinafter referred to as "Switzerland", on one hand, and the European Community, hereinafter referred to as 'the Community', on the other hand, both hereinafter referred to as "the Contracting Parties", considering that the community has established, under decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (hereinafter 'the decision establishing the MEDIA 2007 programme') a program of support to the audiovisual sector European, whereas art. 8 of the decision establishing the programme MEDIA 2007 provides, under certain conditions, the participation of third countries that are parties to the Convention of the Council of Europe on transfrontier television, other than the countries of the EFTA 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 provision above shall submit the opening of the program to these third countries to a prior examination of the compatibility of the legislation of these countries with the EU acquis relevant, whereas the Switzerland took part in the MEDIA Plus and MEDIA training programmes, who arrived to expire on 31 December 2006, whereas the Switzerland takes commitments to complete its legislative framework to ensure compatibility with the acquis communautaire required level and that Therefore, on the date of entry into force of this agreement, the Switzerland meets the conditions of participation set out in art. 8 of the decision establishing the MEDIA 2007 programme, considering in particular that cooperation between the community and Switzerland to pursue the objectives set for the MEDIA 2007 programme, in the context of transnational cooperation activities involving the community and the Switzerland, is likely to enhance the impact of the different actions undertaken pursuant to this program and to enhance the level of qualification of human resources in the community and in Switzerland , considering the common interest of the parties to the development of industry European audiovisual as part of a wider cooperation programmes, considering that the contracting parties therefore hope benefit reciprocal participation of Switzerland in the MEDIA 2007 programme, agreed to the following provisions: art. 1 purpose of the agreement of cooperation between the community and Switzerland, established by this agreement, has for objective the participation of Switzerland in all actions of the MEDIA 2007 programme and so, except as otherwise provided in this agreement, in compliance with the objectives, criteria, procedures and deadlines set by the decision establishing the MEDIA 2007 programme.

Art. 2 compatibility of legislative frameworks to be able to meet the conditions of participation provided for in the decision establishing the MEDIA 2007 programme to the date of entry into force of this agreement, the Switzerland implements the provisions in annex I, which are intended to supplement the Swiss legislative framework to ensure the required level of compatibility with the acquis.

Art. 3 eligibility unless otherwise provided in this agreement: 1. the conditions for the participation of organisations and individuals from Switzerland in each of the actions are the same as those applicable to organizations and individuals from the Member States of the community.
2. the eligibility of institutions, organizations and individuals of the Switzerland is governed by the relevant provisions of the decision establishing the MEDIA 2007 programme.
3. in order to ensure the Community dimension of the programme, the projects and activities that require a European partnership will have to be eligible for financial support from the community, at least understand a partner from one of the Member States of the community. Other projects and actions must present a clear European and Community dimension.

Art. 4 procedures 1.   The terms and conditions of submission, assessment and selection of applications from institutions, organizations and individuals of the Switzerland are the same as those applicable to the institutions, organisations and eligible individuals of the Member States of the community.
2. pursuant to the relevant provisions of the decision establishing the programme MEDIA 2007, the Commission of the European Communities (hereinafter referred to as 'the Commission') may consider Swiss experts when it appoints independent experts to help assess the projects.
3. in all contacts with the Commission, the language used for the procedures for applications, contracts, reports and other administrative aspects of the program, is one of the official languages of the community.

Art. 5 national structures 1.   The Switzerland established structures and mechanisms at the national level and take all other necessary measures in coordination and organization on the national plan for the implementation of the MEDIA 2007 programme in accordance with the relevant provisions of the decision establishing the MEDIA 2007 programme. The Switzerland is particularly committed to create a MEDIA Desk in cooperation with the Commission.
2. the maximum financial support likely to be allocated by the programme to the activities of the MEDIA Desk shall not exceed 50% of the total budget for these activities.

Art. 6 financial provisions to cover the costs resulting from its participation in the MEDIA 2007 programme, the Switzerland contributes every year to the general budget of the European Union, in accordance with the terms and conditions set out in annex II.

Art. 7 financial control rules on financial control of Swiss participants in the MEDIA 2007 programme are set out in annex III.

Art. 8 Joint Committee 1.   A Joint Committee is set up.
2. the Joint Committee includes representatives of the community, on the one hand, and of representatives of the Switzerland, on the other hand. It shall act by mutual agreement.
3. the Joint Committee is responsible for the management and the proper application of this agreement.
4. at the request of either party, the parties exchange information and consult each other within the Joint Committee on the activities covered by this agreement and the financial aspects related thereto.
5. in order to discuss the functioning of this agreement, the Joint Committee shall meet at the request of one of the parties. It establishes its rules of procedure, and may set up working groups to assist it in its task.
6. the contracting parties may submit any dispute relating to the interpretation or application of this agreement to the Joint Committee, which is empowered to resolve disputes. All relevant information to allow for a thorough review of the situation to find an acceptable solution is provided to the Joint Committee. For this purpose, it examines all the possibilities to maintain the good functioning of this agreement.
7. the Joint Committee periodically reviews the annexes to this agreement. He may decide, on a proposal by one of the parties, to amend the annexes to this agreement.

Art. 9 monitoring, assessment and reporting without prejudice to the responsibilities of the community in terms of follow-up and evaluation of the program in accordance with the relevant provisions of the decision establishing the MEDIA 2007 programme, the participation of Switzerland in the MEDIA 2007 programme is subject to permanent monitoring, a partnership between the community and the Switzerland. In order to assist it in the preparation of the reports on the experience gained in the implementation of the MEDIA 2007 programme, the Switzerland to address community a contribution describing the national measures taken in this area. She participates in any other specific activities proposed for that purpose by the community.

Art. 10 annexes the annexes I, II and III are an integral part of this agreement.

Art. 11 scope territorial this agreement applies, on the one hand, to the territories where the Treaty establishing the European Community is application and under the conditions laid down by that Treaty, and, on the other hand, to the territory of the Switzerland.

Art. 12 duration and denunciation 1.   This agreement is concluded for the duration of the MEDIA 2007 programme.
2. If the Community adopts a new multi-annual programme of support for the European audiovisual sector, this agreement may be renewed or renegotiated the conditions set by agreement.

3. the community or the Switzerland may denounce this agreement by notifying its decision to the other party. The agreement ceases to be in force 12 months after this notification. Projects and ongoing activities at the time of the filing of the notice continued until their completion to the conditions set out in this agreement. The contracting parties will solve by mutual agreement other possible consequences of denunciation.

Art. 13 entry into force and provisional application this agreement comes into force the first day of the first month following the notification by the contracting parties of the completion of their respective procedures. It is applied provisionally as of September 1, 2007.

Art. 14 languages this agreement is drafted in duplicate in the languages German, English, Bulgarian, Danish, Spanish, Estonian, Finnish, French, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
In faith, the Plenipotentiaries have affixed their signature at the bottom of this agreement.
Done at Brussels, on October 11, two thousand seven.

Annex I art. 1 freedom of reception and retransmission broadcasting 1. The Switzerland ensure freedom of reception and retransmission on its territory of television broadcasts under the jurisdiction of a Member State of the Union, as determined under the directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 aimed at the coordination of some legislative, regulatory and administrative provisions of Member States concerning the provision of audiovisual media services (hereinafter "the audiovisual media Services directive") according to the following terms: the Switzerland retains the right: has) to suspend the retransmission of broadcasts of a television broadcasting organization under the jurisdiction of a Member State of the Union that broke in a clear way, serious and severe rules for the protection of minors and human dignity such as set out in art. 27, by. 1 or 2, or art. 6 of the audiovisual media Services directive; b) to demand that broadcasters under its jurisdiction comply with rules more detailed or stricter in the fields coordinated by the directive Media Services audiovisual, provided that those rules are proportionate and non-discriminatory.

2. where the Switzerland: has) worked, according to the by. 1, point (b) its freedom to adopt more detailed or stricter public interest rules general etb) believed that a broadcasting organization under the jurisdiction of a Union Member State provides a television program entirely or mainly for its territory, it may apply to the competent Member State to achieve a mutually satisfactory to potential problems. After receipt of a reasoned request from the Switzerland, the competent Member State application to the broadcaster to comply with the rules of general public interest in question. The competent Member State informs the Switzerland of the results obtained following this request within two months. The Switzerland or the Member State may request the Commission to invite stakeholders to participate in an ad hoc meeting with the Commission on the sidelines of the contact Committee to examine the case.
3. when the Switzerland estimated: has) that the results achieved through the application of the by. 2 are not satisfactory etb) broadcast Agency is established in the territory of the competent Member State in order to circumvent the stricter rules, in the fields coordinated by this directive, which would be applicable to him if he were installed in Switzerland, it may take appropriate action against the broadcasting organization concerned.
These measures shall be objectively necessary, applied in a non-discriminatory and proportionate in the light of the objectives pursued.
4. the Switzerland cannot take measures in application of the by. 1, point (a), or by. 3 of this section if all of the following conditions are met: has) it has notified the Joint Committee and to the Member State in which the broadcasting organization is established of its intention to take such measures, justifying the reasons on which it based its assessment. ETB) the Board decided that these measures are proportionate and non-discriminatory and, in particular, that the assessment made by the Switzerland according to the by. 2 and 3 is properly based."

OJ L 298 of 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 of the 30.7.1997, p. 60), as amended last by directive 2007/65/EC of the European Parliament and the Council from 11 dec. 2007 (OJ L 332 of the 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 aimed at the coordination of laws, regulations and administrative provisions of the Member States concerning the provision of audiovisual media (audiovisual media Services directive) services in its version published in OJ L 95 of the 15.4.2010 p. 1.

Art. 2 events of major importance to society 1.   The Switzerland ensures that broadcasting organizations under its jurisdiction do not exercise their exclusive rights to events on the list of events as a Member State of the community considers of major importance for society in a way that deprives a significant part of the public of the Member State of the possibility of following these events, in accordance with art. 3 of the directive 'television without frontiers '.
2. pursuant to the provisions of art. 3 of the directive 'television without frontiers', the Switzerland informs the European Commission measures taken or envisaged in this regard.

Art. 3 distribution and promotion of European production of works for the purposes of the implementation of measures relating to the promotion and distribution of works European, the definition of a European work is contained in art. 6 of the directive 'television without frontiers '.

Art. 4 transitional provisions art. 1 of this annex shall apply from 30 November 2009.
Before November 30, 2009, the provisions of art. 1 of annex II to the agreement of 26 October 2004 between the Swiss Confederation and the European Community in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programmes MEDIA Plus and MEDIA-training, still apply.

OJ L 90 of 28.3.2006 the, p.22.

Update according to art. 1 d n 1/2011 Joint Committee EU-Switzerland of Jan. 21. 2011, in force since 22 Jan. 2011 (2011 1599 RO).

Annex II Financial Contribution of Switzerland to the programme MEDIA 2007 1. The financial contribution to be paid by Switzerland to the budget of the European Union to participate in the MEDIA 2007 programme is established as follows (in euros): year 2007 year 2008 year 2009 year 2010 year 2011 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 2. Regulation (EC, Euratom) n 1605/2002 of the Council of 25 June 2002 on the financial regulation applicable to the general budget of the communities European and the Regulation (EC, Euratom) No. 2342/2002 of the Commission of 23 December 2002 establishing the modalities for implementing the Regulation (EC, Euratom) No 1605/2002 of the Council ' shall apply, notably to the management of the contribution of the Suisse.3. The costs of travel and stay of representatives and experts from Switzerland as part of their participation in meetings organized by the Commission in connection with the implementation of the program will be reimbursed by the Commission on the same basis and according to the procedures in force for the Member States of the communaute.4 experts. Following the entry into application of this agreement and at the beginning of each year, the Commission will a call for funds corresponding to its contribution to the budget of the program in accordance with this agreement to the Switzerland. This contribution will be expressed in euro and paid into a bank account of the Commission in euros.5. The Switzerland shall pay its contribution for April 1 if the call for funds is sent by the Commission before 1 March, or at the latest 30 days after the appeal if it is sent later by the Commission. Any delay in the payment of the contribution will result in the payment of interest by the Switzerland on the amount due on the due date. The interest rate corresponds to the rate applied by the European Central Bank, by the due date, for its operations in euro, plus 3.5 percentage points.

OJ L 248 of 16.9.2002, p. 1. Regulation amended by Regulation (EC, Euratom) no 1995/2006 (OJ L 390 of the 30.12.2006, p. 1).
OJ L 357 of 31.12.2002, p. 1. Regulation as last place by Regulation (EC, Euratom) No. 478/2007 (OJ L 111 of the 28.4.2007, p. 13) Commission.

January 22, 2011 State annex III financial control relating to Swiss participants in the MEDIA 2007 art program. 1 direct communication


The Commission communicates directly with participants in the programme established in Switzerland and with their subcontractors. These people can pass directly to the Commission all information and documentation that they are required to provide on the basis of the instruments referred to in this agreement and contracts concluded pursuant to these.

Art. 2 audits 1.   In accordance with the Regulation (EC, Euratom) n 1605/2002 of the Council and Regulation (EC, Euratom) n 2342/2002 of the Commission, as well as the other provisions referred to in this agreement, decisions on grant agreements involving participants established in Switzerland may provide for scientific, financial, technological or other audits may be made at any time with them and their subcontractors by officials of the Commission or by other persons mandated by the Commission.
2. officials of the Commission and other persons mandated by the Commission have appropriate access to sites, works and documents, as well as all the necessary information, including in electronic format, to carry out these audits. This access right is taken up explicitly in the contracts concluded in application of the instruments referred to in this agreement.
3. the Court of Auditors of the European communities has the same rights as the Commission.
4. the audits may take place after the expiry of the program or this agreement under the terms provided for in the contracts in question.
5. the federal Swiss financial control is informed in advance of audits conducted on Swiss territory. This information is not a legal condition for the execution of these audits.

Art. 3 1 on-site inspections.   Under this agreement, the Commission (and OLAF) are allowed to carry out controls and inspections on Swiss territory, in accordance with the terms and conditions of the Regulation (EC, Euratom) n 2185/96 of the Council of 11 November 1996 on the controls and on-site audits conducted by the Commission for the protection of the financial interests of the European Communities against fraud and other irregularities.
2. the controls and on-site audits are prepared and conducted by the Commission in close collaboration with federal control of Swiss or other finance competent Swiss authorities designated by the federal control of Swiss finance, who are informed in due time of the object, of the purpose and legal basis of the checks and inspections, so that they can provide all the necessary assistance. For this purpose, the agents of the competent Swiss authorities may participate in the checks and inspections on the spot.
3 If the relevant Swiss authorities so wish, they can carry out the checks and inspections on the spot together with the Commission.
4. when participants in the MEDIA 2007 programme are opposed to a control or audit on-site, the Swiss authorities lend to the controllers of the Commission, in accordance with the national provisions, the necessary assistance to allow the accomplishment of their mission control and audit on-site.
5 the Commission shall, at the earliest, to federal control of finance Swiss, any fact or suspicion relating to an irregularity which she was aware in the performance of a control or audit on-site. In any event, the Commission is required to inform the abovementioned authority of the result of such checks and inspections.

OJ L 292 of 15.11.1996, p. 2.

Art. 4 information and consultation 1.   For the purposes of the execution of this annex, the competent Swiss and community authorities conduct regular exchanges of information and, at the request of one of them, conduct consultations.
2. the competent Swiss authorities shall inform the Commission of any item brought to their notice suggesting the existence of irregularities related to the conclusion and execution of the contracts or agreements concluded in application of the instruments referred to in this agreement without delay.

Art. 5 confidentiality information communicated or obtained under this annex, in any form whatsoever, are covered by professional secrecy and enjoy the protection granted to similar information by Swiss law and by the corresponding provisions applicable to the Community institutions. This information may not be communicated to persons other than those who, in the bosom of the Community institutions, Member States or Switzerland, are, by their functions, called to learn, nor be used for any purposes other than to ensure effective protection of the financial interests of the contracting parties.

Art. 6 measures and administrative penalties without prejudice to application of Swiss criminal law, of the measures and administrative sanctions may be imposed by the Commission in accordance with Regulation (EC, Euratom) n 1605/2002 of the Council, to the Regulation (EC, Euratom) n and the Commission Regulation 2342/2002 (EC, Euratom) n 2988/95 of the Council of 18 December 1995 on the protection of the financial interests of the European communities.

OJ L 312 of 23.12.1995, p. 1.

Art. 7 collection and running final act the Commission decisions taken under the MEDIA 2007 programme within the scope of this agreement, which include, dependants of persons other than States, a pecuniary obligation, form enforceable in Switzerland. The order is appended, without another control than verification of the authenticity of the title, by the authority designated by the Swiss Government, which will give knowledge to the Commission without undue delay. The execution takes place according to the rules of the Swiss procedure. The legality of the decision enforceable title is subject to the control of the Court of justice of the European communities. The judgments of the Court of justice of the European communities and the Court of first instance under an arbitration clause are enforceable under the same conditions.
Final act the Plenipotentiaries of the Swiss Confederation and the European Community, meeting in Brussels, on 11 October two thousand and 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 in the Community programme MEDIA 2007, have adopted the joint declarations mentioned below and attached to this final act : Joint declaration by the contracting parties on the development of a dialogue of mutual interest on audiovisual policy.
Joint Declaration of the contracting parties on the adaptation of the agreement to the new Community directive.
They have also taken note of the declarations mentioned below and attached to this final act: Declaration of the Council on the participation of Switzerland in the committees.
The Council Declaration on Annex I of the agreement.
Done at Brussels, on October 11, two thousand seven.

Joint Declaration by the contracting parties on the development of a dialogue of mutual interest on audiovisual policy the two parties declare that in order to ensure a 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. The two parties declare that this dialogue will take place both within the Joint Committee established under the agreement as in other forums, where appropriate and as needed. The two parties declare that, with this in mind, representatives of the Switzerland may be invited to meetings on the margins of the meetings of the 'contact Committee' established by the directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending directive 89/552/EEC of the Council on the coordination of certain provisions of legislative, regulatory and administrative provisions of the Member States relating to the exercise of television broadcasting activities.

Joint Declaration by the contracting parties on the adaptation of the agreement to the new Community directive the parties declare that, when a new directive will be 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 Joint Committee will decide on the update , in section 1 of annex I, the reference to the directive 89/552/EC of the Council, as amended, by a reference to the abovementioned directive.

Statement by the Council on the participation of Switzerland in the committees of the Council should be representatives of the Switzerland to participate, as observers and for the points which concern them, in meetings of committees and groups of experts from the MEDIA programme. These committees and groups of experts meet without the presence of representatives of the Switzerland at the time of the vote.

The Council statement in annex I to the agreement for the proper functioning of the agreement:

(i) in addition to the commitment made by Switzerland with respect to the freedom of reception and retransmission broadcasting, television broadcasts under the jurisdiction of the Switzerland will be granted the same treatment as that applied by the Switzerland to television broadcasts under the jurisdiction of a Member State of the community, as provided for in art. 1 of annex I; ii) parallel to the commitment taken by Switzerland to facilitate the application of the provisions on the measures taken by Member States to ensure access to the broadcasting of events of major importance for society, an equal treatment reserved for the measures envisaged by the Member States under art. 3 of the directive 'television without frontiers' is given to the measures taken or envisaged by the Switzerland in this regard.

RO 2007 6953 OJ L 202 of 30.7.1997, p. 60.

2010 3497 2010 3499 RO RO; FF 2007 6313, 2008 8165 currently European Union.
Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 2006 concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 2007) (OJ L 327 of 24.11.2006, page 12).
RS 0.784.405 [RO 2006 1041] State January 22, 2011

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