# L_2006090EN.01002201.xml

| 28.3.2006 | EN | Official Journal of the European Union | L 90/22 |
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28.3.2006

EN

Official Journal of the European Union

L 90/22

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COUNCIL DECISION

COUNCIL DECISION

of 27 February 2006

concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act

(2006/234/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 150(4) and 157(3), in conjunction with the first sentence of Article 300(2), and the first subparagraph of Article 300(3), thereof,

Having regard to the proposal from the Commission

Having regard to the opinion of the European Parliament (1),

1

Whereas:

| (1) | The Commission has negotiated, on behalf of the European Community, an agreement to enable the Swiss Confederation to participate in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act. |
| --- | --- |

(1)

The Commission has negotiated, on behalf of the European Community, an agreement to enable the Swiss Confederation to participate in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act.

| (2) | The Agreement and the Final Act were signed on behalf of the Community on 26 October 2004, subject to conclusion at a later date. |
| --- | --- |

(2)

The Agreement and the Final Act were signed on behalf of the Community on 26 October 2004, subject to conclusion at a later date.

| (3) | This Agreement and Final Act should be approved by the Community, |
| --- | --- |

(3)

This Agreement and Final Act should be approved by the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the MEDIA Plus and MEDIA Training Community programmes, and the Final Act, are hereby approved on behalf of the Community.

The text of the Agreement and the Final Act are attached to this Decision.

Article 2

The Commission shall represent the Community in the Joint Committee established by Article 8 of the Agreement.

Article 3

The President of the Council shall, on behalf of the Community, give the notification provided for in Article 13 of the Agreement (2).

2

Article 4

This Decision shall be published in the Official Journal of the European Union.

Official Journal of the European Union

Done at Brussels, 27 February 2006.

For the Council

The President

U. PLASSNIK

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(1)  Not yet published in the Official Journal.

1

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

2

Official Journal of the European Union

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AGREEMENT

between the European Community and the Swiss Confederation 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

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,

of the other part

hereinafter together referred to as ‘the Contracting Parties’,

WHEREAS the Community, pursuant to Council Decision 2000/821/EC of 20 December 2000 and Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001, as last amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 and Decision No 845/2004/EC of the European Parliament and of the Council of 29 April 2004, has established a programme to encourage the development, distribution and promotion of European audiovisual works and a training programme for professionals in the European audiovisual programme industry (hereinafter referred to as the ‘MEDIA programme’);

WHEREAS the MEDIA programme provides, under certain conditions, for the participation of third countries which are party to the Council of Europe Convention on Transfrontier Television, other than EFTA countries party to the EEA Agreement and candidate countries for accession to the European Union, on the basis of supplementary appropriations and specific procedures to be established in agreements between the parties concerned;

WHEREAS the abovementioned provisions make the opening up of programmes to these third countries subject to a prior examination of the compatibility of their legislation with the relevant acquis communautaire;

WHEREAS Switzerland and the Community, in the Joint Declaration on further future negotiations in the Final Act of the seven agreements of 21 June 1999, have expressed a wish to negotiate Switzerland's participation in these programmes;

WHEREAS Switzerland is committed to completing its legislative framework in order to ensure the required level of compatibility with the acquis communautaire; whereas, therefore, on the date of entry into force of this Agreement, Switzerland fulfils the participation conditions laid down by the abovementioned Decisions;

WHEREAS, in particular, cooperation between the Community and Switzerland, with a view to pursuing the objectives fixed for the MEDIA programme, within the context of transnational cooperation activities involving the Community and Switzerland, by its nature enriches the impact of the different actions undertaken pursuant to that programme and strengthens the skill levels of human resources in the Community and Switzerland;

WHEREAS the Contracting Parties have a common interest in the development of the European audiovisual programme industry in the context of wider cooperation;

WHEREAS the Contracting Parties consequently expect to obtain mutual benefits from the participation of Switzerland in the MEDIA programme,

HAVE AGREED AS FOLLOWS:

Article 1

Subject matter

The objective of the cooperation between the Community and Switzerland established by this Agreement is the participation of Switzerland in all actions under the MEDIA programme. Unless otherwise provided by this Agreement, this shall take place with due regard for the objectives, criteria, procedures and deadlines laid down by the legal acts concerning the programmes and listed in Annex I.

Article 2

Compatibility of legislative frameworks

In order to be able to fulfil the participation conditions laid down by the abovementioned Decisions on the date of entry into force of this Agreement, Switzerland will implement the measures described in Annex II, with a view to completing its legislative framework so as to ensure the required level of compatibility with the acquis communautaire.

Article 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 shall be the same as those applicable to organisations and individuals from the Member States of the Community. |
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1.

The conditions for the participation of organisations and individuals from Switzerland in each of the actions shall be the same as those applicable to organisations and individuals from the Member States of the Community.

| 2. | The eligibility of institutions, organisations and individuals from Switzerland shall be governed by the provisions of the legal acts concerning the programmes and listed in Annex I. |
| --- | --- |

2.

The eligibility of institutions, organisations and individuals from Switzerland shall be governed by the provisions of the legal acts concerning the programmes and listed in Annex I.

| 3. | In order to ensure the Community dimension of the programmes, all projects and activities necessitating a European partnership shall, in order to be eligible for Community financial support, include at least one partner from one of the Member States of the Community. Other projects and actions shall present a clear European and Community dimension. |
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3.

In order to ensure the Community dimension of the programmes, all projects and activities necessitating a European partnership shall, in order to be eligible for Community financial support, include at least one partner from one of the Member States of the Community. Other projects and actions shall present a clear European and Community dimension.

Article 4

Procedures

1.   The terms and conditions for the submission, assessment and selection of applications from institutions, organisations and individuals from Switzerland shall be the same as those applicable to eligible institutions, organisations and individuals from the Member States of the Community.

2.   In accordance with the relevant provisions of the legal acts listed in Annex I, the Commission of the European Communities (hereinafter referred to as ‘the Commission’) may consider Swiss experts when appointing independent experts to assist it with project evaluation.

3.   The language to be used in all contacts with the Commission, as regards the application process, contracts, reports to be submitted and other administrative aspects of the programmes, shall be one of the official languages of the Community.

Article 5

National structures

1.   Switzerland shall establish the appropriate structures and mechanisms at national level and shall adopt all other necessary measures for national coordination and organisation of activities to implement the MEDIA programme in accordance with the relevant provisions of the legal acts listed in Annex I. In particular, Switzerland undertakes to establish a MEDIA Desk in cooperation with the Commission.

2.   The maximum amount of financial support to be allocated by the programmes to the activities of the MEDIA Desk shall not exceed 50 % for the total budget for those activities.

Article 6

Financial provisions

To cover the costs resulting from its participation in the MEDIA programme, Switzerland shall each year pay a contribution to the general budget of the European Union in accordance with the terms and conditions set out in Annex III.

Article 7

Financial control

The rules on financial control relating to Swiss participants in the MEDIA programme are set out in Annex IV.

Article 8

Joint Committee

1.   A Joint Committee is hereby established.

2.   The Joint Committee shall consist of representatives of the Community and representatives of Switzerland. It shall act by mutual agreement.

3.   The Joint Committee shall be responsible for the management and proper implementation of this Agreement.

4.   At the request of either one of them, the Contracting Parties shall exchange information and hold consultations within the Joint Committee on the activities covered by this Agreement and related financial aspects.

5.   In order to discuss the proper functioning of this Agreement, the Joint Committee shall meet at the request of either of the Contracting Parties. It shall adopt its rules of procedure and may create working groups to assist it with its task.

6.   The Contracting Parties may submit any disputes relating to the interpretation or application of this Agreement to the Joint Committee. The Joint Committee may settle such disputes and shall be provided with any information which might be useful for an in-depth examination of the situation with a view to finding an acceptable solution. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement.

7.   The Joint Committee shall periodically examine the Annexes to this Agreement. Acting on a proposal from either of the Contracting Parties, it may decide to amend them.

Article 9

Monitoring, evaluation and reports

Without prejudice to the responsibilities of the Community in relation to programme monitoring and evaluation pursuant to the provisions of the legal acts concerning the programmes and listed in Annex I, the participation of Switzerland in the MEDIA programme shall be continuously monitored in the context of a partnership between the Community and Switzerland. In order to help it to prepare reports on the experience acquired in the application of the programme, Switzerland shall submit to the Commission a contribution describing the national measures taken by Switzerland in this regard. It shall take part in any other specific activities proposed by the Communityfor this purpose.

Article 10

Annexes

The Annexes to this Agreement shall form an integral part thereof.

Article 11

Territorial application

This Agreement shall apply to the territories in which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty, and to the territory of Switzerland.

Article 12

Duration and termination

1.   This Agreement is concluded for the duration of the MEDIA programme.

2.   If the Community adopts new multiannual programmes to encourage the development, distribution and promotion of European audiovisual works or in the field of training for professionals in the European audiovisual programme industry, this Agreement may be extended or renegotiated under mutually agreed conditions.

3.   Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. The Agreement shall cease to apply 12 months after the date of such notification. Projects and activities in progress at the time of termination shall continue until their completion according to the conditions laid down in this Agreement. The Contracting Parties shall settle by mutual agreement any other consequences of termination.

Article 13

Entry into force

This Agreement shall enter into force on the first day of the second month following the notification by the Contracting Parties of the completion of their respective procedures.

Article 14

Use of languages

1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.

2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.

Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.

Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

Image

ANNEX I

List of legal acts concerning the MEDIA Programme

Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme encouraging the development, distribution and promotion of European audiovisual works (Media Plus — Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p. 82).

Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 26, 27.1.2001, p. 1).

Council Regulation (EC) No 885/2004 of 26 April 2004 adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ L 168, 1.5.2004, p. 1).

Decision No 845/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 163/2001/EC of the European Parliament and of the Council on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 157, 30.4.2004, p. 1).

Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Council Decision 2000/821/EC on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2005) (OJ L 157, 30.4.2004, p. 4).

ANNEX II

Article 1

Freedom of broadcast reception and retransmission

1.   Where a Member State of the Community is party to the Council of Europe Convention on Transfrontier Television, Switzerland shall ensure the freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of that Member State in accordance with the provisions of the Convention.

2.   In cases other than those referred to in paragraph 1, Switzerland shall ensure freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of a Member State of the Community (as determined pursuant to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, hereinafter referred to as the ‘Television without Frontiers Directive’, as amended by Directive 97/36/EC of the European Parliament and of the Council), in accordance with the following procedures: Switzerland shall maintain the right to

| (a) | suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Community which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Articles 22 and 22a of the ‘Television without Frontiers’ Directive; |
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(a)

suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Community which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Articles 22 and 22a of the ‘Television without Frontiers’ Directive;

| (b) | take action against a television broadcasting organisation which is established in the territory of a Member State of the Community but whose activity is entirely or mainly directed towards Swiss territory, if the place of establishment was chosen with a view to evading the rules which would have applied to the organisation had it been established on Swiss territory. These conditions will be interpreted in the light of the relevant case law of the Court of Justice of the European Communities (Case 33/74 Van Binsbergen v. Bestuur van de Bedrijfsvereniging, [1974] ECR 1299; and Case C-23/93 TV10 SA v Commissariaat voor de Media, [1994] ECR I-4795). |
| --- | --- |

(b)

take action against a television broadcasting organisation which is established in the territory of a Member State of the Community but whose activity is entirely or mainly directed towards Swiss territory, if the place of establishment was chosen with a view to evading the rules which would have applied to the organisation had it been established on Swiss territory. These conditions will be interpreted in the light of the relevant case law of the Court of Justice of the European Communities (Case 33/74 Van Binsbergen v. Bestuur van de Bedrijfsvereniging, [1974] ECR 1299; and Case C-23/93 TV10 SA v Commissariaat voor de Media, [1994] ECR I-4795).

3.   In the cases referred to in paragraph 2 of this Article, action shall be taken after an exchange of views within the Joint Committee established under this Agreement.

Article 2

Promotion of distribution and production of television programmes

1.   Switzerland shall apply by analogy Articles 4 and 5 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, and shall ensure that broadcasters subject to the jurisdiction of its authorities implement them.

2.   For the purposes of implementation of the previous paragraph, the definition of a European work shall be that set out in Article 6 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC.

3.   Switzerland shall ensure that works originating from Member States of the Community are not subject to discrimination in the context of the application of this Agreement and for the period of its duration.

4.   The procedures for realising these commitments shall be defined in the Swiss regulations applicable to television broadcasting and shall be legally binding from the date of entry into force of this Agreement. This regulatory framework shall require broadcasters to ensure that the proportions laid down in Directive 89/552/EEC are achieved, in accordance with paragraphs 1 and 2 of this Article, and that each year they provide the Swiss regulator with a report on the proportions achieved and the reasons for any failure to comply. Where these proportions are only partially achieved and the reasons given are inadequate, the competent authority shall adopt appropriate measures. In all cases, broadcasters shall ensure that progress is made towards the proportions laid down in the Directive.

ANNEX III

Financial contribution of Switzerland to ‘MEDIA Plus’ and ‘Media Training’

| 1. | The financial contribution to be made by Switzerland to the budget of the European Union in order to participate in the ‘MEDIA Plus’ and ‘MEDIA-Training’ programmes, which will be allocated proportionally to the respective programme budgets, shall be as follows (in million euro):






  2005 | 2006 |
| --- | --- | --- |
| 4,2 | 4,2 |

1.

The financial contribution to be made by Switzerland to the budget of the European Union in order to participate in the ‘MEDIA Plus’ and ‘MEDIA-Training’ programmes, which will be allocated proportionally to the respective programme budgets, shall be as follows (in million euro):

2005

2006

4,2

4,2

| 2. | The Financial Regulation applicable to the general budget of the European Communities shall apply, in particular to the management of Switzerland's contribution. |
| --- | --- |

2.

The Financial Regulation applicable to the general budget of the European Communities shall apply, in particular to the management of Switzerland's contribution.

| 3. | The travel and subsistence expenses of representatives and experts from Switzerland in connection with their participation in meetings organised by the Commission in conjunction with implementation of the programmes shall be reimbursed by the Commission on the same basis and in accordance with the procedures currently in force for experts from the Member States of the Community. |
| --- | --- |

3.

The travel and subsistence expenses of representatives and experts from Switzerland in connection with their participation in meetings organised by the Commission in conjunction with implementation of the programmes shall be reimbursed by the Commission on the same basis and in accordance with the procedures currently in force for experts from the Member States of the Community.

| 4. | Following the entry into force of this Agreement, and at the beginning of each subsequent year, the Commission will send to Switzerland a request for funds corresponding to its contribution to the budget for the programmes, in accordance with this Agreement.
  This contribution shall be expressed in euro and shall be paid into a euro bank account held by the Commission. |
| --- | --- |

4.

Following the entry into force of this Agreement, and at the beginning of each subsequent year, the Commission will send to Switzerland a request for funds corresponding to its contribution to the budget for the programmes, in accordance with this Agreement.

This contribution shall be expressed in euro and shall be paid into a euro bank account held by the Commission.

| 5. | Switzerland shall pay its contribution by 1 April, if the request for funds is sent by the Commission before 1 March, or no later than 30 days after the request for funds if this is sent by the Commission after that date.
  Any delay in the payment of the contribution will entail the payment of interest by Switzerland on the outstanding amount from the due date. The interest rate shall correspond to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 3,5 percentage points. |
| --- | --- |

5.

Switzerland shall pay its contribution by 1 April, if the request for funds is sent by the Commission before 1 March, or no later than 30 days after the request for funds if this is sent by the Commission after that date.

Any delay in the payment of the contribution will entail the payment of interest by Switzerland on the outstanding amount from the due date. The interest rate shall correspond to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 3,5 percentage points.

ANNEX IV

Financial control of Swiss participants in the MEDIA programme

Article 1

Direct communication

The Commission shall communicate directly with programme participants established in Switzerland and with their subcontractors. These may submit directly to the Commission all relevant information and documentation which they are required to provide on the basis of the instruments referred to in this Agreement and of the contracts concluded to implement them.

Article 2

Audits

1.   In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002, and with the other provisions referred to in this Agreement, the contracts concluded with programme participants established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of participants or their subcontractors by Commission staff or other persons mandated by the Commission.

2.   Commission staff and other persons mandated by the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including information in electronic form. This right of access shall be stated explicitly in the contracts entered into to implement the instruments referred to in this Agreement.

3.   The Court of Auditors of the European Communities shall have the same rights as the Commission.

4.   Audits may be conducted after the programme or this Agreement expires, on the terms laid down in the contracts in question.

5.   The Swiss Federal Audit Office shall be informed in advance of audits to be conducted on Swiss territory. This information shall not be a legal condition for carrying out such audits.

Article 3

On-the-spot checks

1.   Within the framework of this Agreement, the Commission (OLAF) shall be authorised to carry out on-the-spot checks and inspections on Swiss territory, in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities.

2.   On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, officials of the competent Swiss authorities may participate in on-the-spot checks and inspections.

3.   If the Swiss authorities concerned so wish, on-the-spot checks and inspections may be carried out jointly by the Commission and by them.

4.   Where the participants in the MEDIA programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give Commission inspectors such assistance as they need to allow them to discharge their duty of carrying out an on-the-spot check or inspection.

5.   The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event, the Commission shall be required to inform the abovementioned authority of the result of such checks and inspections.

Article 4

Information and consultation

1.   For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall regularly exchange information and, at the request of one of the Parties, shall conduct consultations.

2.   The competent Swiss authorities shall inform the Commission without delay of any information which has come to their notice suggesting an irregularity in connection with the conclusion and implementation of contracts or agreements concluded to implement the instruments referred to in this Agreement.

Article 5

Confidentiality

Information communicated or acquired in any form under this Annex shall be covered by professional secrecy and protected in the same way as similar information is protected by Swiss law and by the corresponding provisions applicable to the Community institutions. Such information may not be communicated to persons other than those in the Community institutions, in the Member States or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Contracting Parties' financial interests.

Article 6

Administrative measures and penalties

Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Commission in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002 and Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests.

Article 7

Recovery and enforcement

Decisions taken by the Commission under the MEDIA programme within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland. The enforcement order shall be issued, without any checks other than verification of the authenticity of the act, by the authority designated by the Swiss government, which shall inform the Commission thereof. Enforcement shall take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Communities.

Judgments given by the Court of Justice of the European Communities pursuant to an arbitration clause shall be enforceable on the same terms.

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FINAL ACT

The plenipotentiaries:

of the EUROPEAN COMMUNITY

and

of the SWISS CONFEDERATION,

meeting at Luxembourg on 26 October 2004, for the signature of the Agreement between the European Community and the Swiss Confederation 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, have adopted the following joint declaration, which is attached to this Final Act:

Joint Declaration by the Contracting parties on the development of a mutually beneficial dialogue on audiovisual policy.

They have also noted the following declaration, which is attached to this Final Act:

Declaration of the Council on Swiss participation in committees.

Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.

Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

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Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

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JOINT DECLARATION

by the contracting parties on the development of a mutually beneficial dialogue on audiovisual policy

The two Parties declare that, with a view to ensuring the proper implementation of the Agreement and consolidating the spirit of cooperation in matters relating to audiovisual policy, the development of a dialogue on these subjects is a matter of mutual interest.

The two Parties declare that this dialogue will take place both within the Joint Committee established under the Agreement and in other arenas, wherever appropriate and whenever necessary. The two Parties declare that, with this in mind, representatives of Switzerland may be invited to meetings held on the fringe of 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 provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities.

DECLARATION OF THE COUNCIL

on Swiss participation in committees

The Council agrees that Switzerland's representatives shall, in so far as the items concern them, attend meetings of the MEDIA programme committees and expert groups as observers. These committees and expert groups shall meet without the Swiss representatives when voting.

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