Proposal for a Council Decision concerning the signature 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 Community programmes MEDIA Plus and MEDIA Training, and a Final Act
Date: 2004-10-06
Institutions: European Commission
Subjects: EU programme, Switzerland, agreement (EU), audiovisual communications policy, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 06.10.2004 
COM(2004)646 final 

. 

Proposal for a 

COUNCIL DECISION 

concerning the signature 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 Community programmes 
MEDIA Plus and MEDIA Training, and a Final Act 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

Participation in the Community programmes MEDIA Plus and MEDIA Training, as defined 
in  the  legal  texts  establishing  them,  is  open  to  EFTA  countries  which  are  members  of  the 
EEA, as well as European third countries party to the Convention of the Council of Europe on 
Transfrontier Television. The opening-up of the Programmes to such European third countries 
is  subject  to  prior  examination  as  to  the  compatibility  of  their  national  legislation  with  the 
Community acquis, in both its internal and external dimensions. 

Following the results of the 1992 referendum, rejecting Switzerland's participation in the EEA 
Agreement, Switzerland has showed continued interest in strengthening cooperation with the 
EU in the audiovisual sector. In one of the joint declarations of 1999 both sides stated that this 
matter would be broached in a future negotiating round. 

During the preparation of the so-called Bilateral II negotiations, Switzerland requested that its 
participation in the MEDIA Plus and MEDIA Training programmes be included. 

The  Commission  conducted  negotiations  with  Switzerland  on  the  basis  of  the  Directives 
adopted  by  the  Council  on  17  June  2002,  and  in  consultation  with  the  relevant  committee 
appointed by the Council. 

The draft Agreement and a draft Final Act were initialled on 25 June 2004. Both documents 
are attached to the draft Council Decision below. 

Switzerland  is  the  first  European  country  which  is  neither  a  member  of  the  EEA  nor  a 
candidate country to take part in these programmes. 

The main issues addressed in the draft Agreement are the following: 

•  In  line  with  the  prerequisites  for  participation  set  out  in  the  legal  texts  establishing  the 
programmes,  the  Agreement  defines,  in  Annex  1,  the  conditions  to  be  met  by  the  Swiss 
broadcasting regulatory framework, as well as other relevant arrangements, that will have 
to be in force as of the moment the Agreement comes into force. 

•  Projects  and  initiatives  submitted  by  participants  from  Switzerland  will  be  subject  to  the 
same  conditions,  rules  and  procedures  pertaining  to  these  programmes  as  are  applied  to 
Member  States,  regarding  in  particular  the  submission,  assessment  and  selection  of 
applications  and  projects, 
the 
implementation  of  the  programmes,  and  the  activities  related  to  the  monitoring  of  their 
participation in the programmes. 

the  national  structures 

the  responsibilities  of 

in 

•  Switzerland will each year pay a contribution to the programmes, as established in Annex 

3 to the Agreement. 

•  Concerning  financial  control  and  audit  matters,  Switzerland  will  conform  to  Community 

provisions, including controls by Community bodies, as established in Annex 4. 

•  The Agreement will apply until the programmes come to an end, or until one of the sides 

notifies the other side of its wish to terminate the Agreement. 

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•  The Agreement will be managed by a joint committee, composed of representatives of both 

parties. 

At  the  initialling  ceremony  the  Swiss  side  transmitted  a  letter  to  the  Commission  (Federal 
Councillor  Couchepin  to  Commissioner  Reding)  conffirming  that  Swiss  positions  on  the 
external  dimension  of  audiovisual  policy  are  in  line  with  that  of  the  European  Union,  in 
particular in the context of the World Trade Organisation (WTO). 

Building on the spirit of the letter, to ensure the healthy implementation of the Agreement and 
to  reinforce  the  spirit  of  cooperation  in  matters  concerning  audiovisual  policy,  a  Joint 
Declaration  establishing  a  mutually  beneficial  dialogue  on  these  matters  is  included  in  the 
Final Act. 

By  analogy  with  the  arrangements  made  at  the  conclusion  of  the  Bilateral  I  negotiations,  a 
Declaration  from  the  Council  is  expected  to  broach  questions  concerning  the  attendance  of 
representatives of Switzerland at Programme Committee meetings as observers, for the points 
which concern Switzerland. 

The Commission has judged the results of the negotiations to be satisfactory and requests the 
Council  to  authorise  the  signature  on  behalf  of  the  European  Community  of  the  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  Community 
programmes MEDIA Plus and MEDIA Training, and a Final Act. 

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Proposal for a 

COUNCIL DECISION 

concerning the signature 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 Community programmes 
MEDIA Plus and MEDIA Training, and a Final Act 

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 Article 300 (2), first sentence, thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

Council  Decision  (2000/821/EC)1  of  20  December  2000  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), and in particular Article 11 thereof; and Decision (163/2001/EC)2 of 19 January 
2001 of the European Parliament and the Council on the implementation of a training 
programme  for  professionals  in  the  European  audiovisual  programme  industry 
(MEDIA Training) (2001-2005), and in particular Article 8 thereof; provide that these 
programmes  shall  be  open  to  the  participation  of  countries  which  are  parties  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, in accordance with conditions to 
be established in agreements between the parties concerned. 

(2) 

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

(3) 

This Agreement and the Final Act should be signed, 

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2 

OJ L 13, 17.1.2001, p. 35, last amended by Decision No 846/2004/EC of the European Parliament and 
of the Council of 29 April 2004 (OJ L 157, 30.4.2004, p. 4). 
OJ L 26, 27.1.2001, p. 1, last amended by Decision No 845/2004/EC of the European Parliament and of 
the Council of 29 April 2004 (OJ L 157, 30.4.2004, p.1). 

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HAS DECIDED AS FOLLOWS: 

Single Article  

Subject to its conclusion at a later date, the President of the Council is hereby authorised to 
appoint the person(s) empowered to sign the Agreement in order to bind the Community, and 
the Final Act. 

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

Done at Brussels, 

For the Council 
The President   

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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 Community programmes MEDIA Plus and MEDIA Training 

THE EUROPEAN COMMUNITY, hereinafter referred to as “the Community”, and 

THE SWISS CONFEDERATION, hereinafter referred to as "Switzerland", 

hereinafter referred to as "the Parties", 

WHEREAS  the  Community,  pursuant  to  Decision  No  2000/821/EC  of  20  December  2000 
and  Decision  No  2001/163/EC  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 Convention of the Council of Europe 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 agreement between the parties concerned; 

WHEREAS  the  above-mentioned  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 above-mentioned 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; 

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HAVE AGREED AS FOLLOWS: 

Article 1 

Subject of the Agreement 

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  this  Agreement  contains  provisions  to  the  contrary,  this  shall  take  place  in  line  with 
the objectives, criteria, procedures and deadlines laid down by the legal acts concerning the 
programmes and listed in Annex 1. 

Article 2 

Compatibility of legislative frameworks 

In  order  to  be  able  to  fulfil  the  participation  conditions  laid  down  by  the  above-mentioned 
Decisions on the date of entry into force of this Agreement, Switzerland will implement the 
measures described in Annex 2, 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. 

2. 

3. 

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.  

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 1. 

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 

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. 

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2. 

3. 

1. 

2. 

In  accordance  with  the  relevant  provisions  of  the  Decisions  listed  in  Annex  1,  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. 

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

Article 5 

National structures 

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 1. In particular, Switzerland 
undertakes to establish a MEDIA Desk in cooperation with the Commission. 

The maximum amount of financial support to be allocated by the programmes to the 
activities  of  the  MEDIA  Desk  shall  not  exceed  50%  of  the  total  budget  of  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  Communities  in 
accordance with the terms and conditions set out in Annex 3. 

Article 7 

Financial control 

The rules on financial control relating to Swiss participants in the MEDIA programme are set 
out in Annex 4. 

Article 8 

Joint Committee 

1. 

2. 

3. 

A Joint Committee is hereby established. 

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

The  Joint  Committee  shall  be  responsible  for 
implementation of this Agreement. 

the  management  and  due 

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4. 

5. 

6. 

7. 

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. 

In order to discuss the 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. 

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  Committee  shall  examine  all  possibilities  for 
maintaining the proper functioning of this Agreement. 

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  Decisions  concerning  the 
programmes  and  listed  in  Annex  1,  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 Community in this regard. 

Article 10 

Annexes 

The Annexes to this Agreement form an integral part thereof. 

Article 11 

Territorial scope 

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. 

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1. 

2. 

3. 

Article 12 

Duration and termination 

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

the  Community  adopts  new  multiannual  programmes 

If 
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. 

to  encourage 

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  common  consent  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 

This  Agreement  is  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 text being equally authentic.  

Done at…………………..on…………… 

For the European Community 

For the Swiss Confederation 

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ANNEX 1 

List of legal acts concerning the MEDIA programme 

Council  Decision  No  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, 31.12.2000, p. 82). 

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 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 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 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). 

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ANNEX 2 

Article A 

1. 

2. 

a) 

b) 

Freedom of broadcast reception and retransmission 

Where  a  Member  State  of  the  European  Union  is  party  to  the  Convention  of  the 
Council of Europe 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. 

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  European  Union  (as  determined 
pursuant  to  the  “Television  without  Frontiers"  Directive,  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),  in  accordance  with  the  following 
procedures:  

Switzerland shall maintain the right to  

suspend  retransmission  of  broadcasts  from  a  television  broadcasting  organisation 
under  the  jurisdiction  of  a  Member  State  of  the  European  Union  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; 

take action against a television broadcasting organisation which is established in the 
territory of a Member State of the European Union 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. 

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1. 

2. 

3. 

4. 

Article B 

Promotion of distribution and production of television programmes 

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, and shall ensure that broadcasters subject to 
the jurisdiction of its authorities implement them. 

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 of the European 
Parliament and of the Council. 

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. 

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. 

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ANNEX 3 

Community financial contribution 

to “MEDIA Plus” and “MEDIA Training” 

1. 

2. 

3. 

4. 

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 €): 

2005 

4.2 

2006 

4.2 

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

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 same procedures as apply 
to experts from the EU Member States.  

Following the entry into force of this Agreement, and at the start of each subsequent 
year, the Commission shall 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.  

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  one  month  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%. 

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Financial control relating to Swiss participants in the MEDIA programme 

ANNEX 4 

Article A 
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 the contracts concluded to implement them. 

Article B 
Audits 

1 

2. 

3. 

4. 

5. 

1. 

In  accordance  with  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  and 
Regulation  (EC,  Euratom)  No  2342/2002  of  23  December  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. 

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. 

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

Audits  may  take  place  before  the  end  of  the  programme  or  of  this  Agreement,  in 
accordance with the terms laid down in the contracts in question. 

The  Swiss  Federal  Audit  Office  shall  be  notified  in  advance  of  audits  to  be 
conducted on Swiss territory. Such notification is not a legal condition for carrying 
out such audits. 

Article C 
On-the-spot inspections 

Within the framework of this Agreement, the Commission (OLAF) is 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 (EC, Euratom) No 2185/96 
of 11 November 1996. 

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2. 

3. 

4. 

5. 

1. 

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 audits 
and inspections so that they can provide all the required help. To that end, officials of 
the  competent  Swiss  authorities  may  participate  in  on-the-spot  checks  and 
inspections. 

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

Where  programme  participants  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  complete  their  task  of 
carrying out an on-the-spot check or inspection. 

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 
inform the above-mentioned authority of the result of checks and inspections. 

Article D 
Information and consultation 

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

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  or  implementation  of  contracts  or  agreements  entered  into  to 
implement the instruments referred to in this Agreement.  

Article E 
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, Member States or Switzerland whose functions require them to be aware of it, nor 
may  it  be  used  for  purposes  other  than  to  ensure  effective  protection  of  the  Contracting 
Parties' financial interests. 

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Article F 
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 G 
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 further checks 
other than verification of the authenticity of the act, by the authorities 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 verification by the Court of Justice of the European Communities. 

Judgments  delivered  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 of theAgreement 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 Community programmes 
MEDIA Plus and MEDIA Training 

___________________________________________________________ 

The plenipotentiaries: 

of the European Community 

and 

of the Swiss Confederation, 

meeting at ……… on ………. in the year two thousand and four, 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. 

Done at , ………………………. 

For the Swiss Confederation 

For the European Community 

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

The  two  Contracting  Parties  declare  that,  with  a  view  to  ensuring  the  due 
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 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 Directive 89/552/EEC. 

Declaration of the Council on Swiss participation in committees. 

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

EN 

19 

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FINANCIAL STATEMENT 

Policy area(s): Education and Culture 

Activity(ies): Audiovisual Policy and Sports, (15 05) 

Administrative Expenditure of Policy Area Education and Culture (15 01) 

TITLE  OF  ACTION:  PARTICIPATION  OF  SWITZERLAND  IN  THE  MEDIA  PLUS  AND  MEDIA 

TRAINING COMMUNITY PROGRAMMES 

1. 

BUDGET LINE(S) + HEADING(S) 

15 05 01 01 Media Plus 
15 05 01 02 Media Training  
15 01 04 08 Media – Expenditure on administrative Management 

2. 

OVERALL FIGURES  

2.1. 

Total allocation for action: 8.4 € million for commitment 

2.2. 

Period of application: 2005-2006   

2.3. 

Overall multiannual estimate on expenditure: 

a) 

Schedule  of  commitment  appropriations/payment  appropriations  (financial 
intervention) (see point 6.1.1) 

€ million (to 3rd decimal place) 

15 05 01 01  

2005 

2006 

15 05 01 02  

Commitments 

4.042 

4.042  

Payments 

4.042 

4.042 

b) 

Technical and administrative assistance and support expenditure  

15 01 04 08 
Commitments 

p.m. 

p.m. 

Payments 

p.m. 

p.m. 

Total 

8.084 

8.084 

p.m. 

p.m. 

The  'p.m.'  refers  to  possible  needs  to  be  assessed  at  a  later  stage.  Any  reinforcement 
would reduce the appropriations for the operational part.  

EN 

20 

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Subtotal a+b 

Commitments 

4.042 

4.042 

Payments 

4.042 

4.042 

8.084 

8.084 

c) 

Overall  financial 
expenditure 
(see points 7.2 and 7.3) 

impact  of  human  resources  and  other  administrative 

Commitments/ 
payments 

0.108 

0.108 

0.050 

0.050 

TOTAL a+b+c 

Commitments 

4.200 

4.200 

Payments 

4.200 

4.200 

0.216 

0.100 

8.400 

8.400 

2.4. 

Compatibility with the financial programming and the financial perspective 

x 

Proposal compatible with the existing financial programming 2000-2006 

2.5. 

Financial impact on revenue: 

x 

Financial impact – the effect on revenue is as follows: 

Subsidy for joint financing with other sources in the public and/or private sector: 

Switzerland  will  pay  a  contribution  for  participating  in  the  programmes. 
Switzerland’s contribution takes into account two elements: 

– 

– 

 the foreseeable operational costs, which have been calculated on the basis 
of the programme budgets, the country’s estimated take-up capacity, 

 the  foreseeable  administrative  costs,  corresponding  to  the  meetings, 
missions and one temporary A staff. These estimated administrative costs 
amount yearly to 158 000 €. 

The foreseeable annual receipts are as follows (in million €): 

Item xxx (1) 

2005 

2006  TOTAL

TOTAL 

4.2 

4.2 

8.4 

These  revenues  will  be  entered  as  earmarked  revenues  into  the  Community 
budget. 

EN 

21 

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(1) La structure budgétaire dans la partie des recettes du Budget Communautaire sera proposée 
pour adaptation avant fin 2004.  

3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
participation

Participation 
applicant 
countries 

Non-comp

Diff  

YES 

YES            

NO 

Heading 
Financial 
Perspective 

No 3           

4. 

LEGAL BASIS  

Treaty establishing the European Community, and in particular Articles 150 and 
157, in conjunction with Article 300 thereof; 

Council Decision (2000/821/EC)3 of 20 December 2000 on the implementation 
of  a  programme  to  encourage  the  development,  distribution  and  promotion  of 
European  audiovisual  works  (MEDIA  Plus  –Development,  Distribution  and 
Promotion), and in particular Article 11 thereof;  

Decision  (163/2001/EC)4  of  19  January  2001  of  the  European  Parliament  and 
the Council on the implementation of a training programme for professionals in 
the  European  audiovisual  programme  industry  (MEDIA  Training),  and  in 
particular Article 8 thereof; 

Council  Regulation  (EC)  No  885/20045  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. 

Decision n° 845 /2004/EC6 of the European Parliament and of the Council of 29 
April  2004  amending  decision  n°  163/2001/EC  on  the  implementation  of  a 
training  programme  for  professionals  in  the  European  audiovisual  programme 
industry (MEDIA-TRAINING) (2001-2005); 

3 
4 
5 
6 

OJ L 13, 17.1.2001, p. 35. 
OJ L 26, 27.1.2001, p. 1. 
OJ L 168, 1.5.2004, p. 1. 
OJ L 157, 30.4.2004, p. 1. 

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Decision n° 846/2004/EC7 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 
(MEDIA  PLUS  –  DEVELOPMENT, 
DISTRIBUTION AND PROMOTION) (2001-2005); 

audiovisual  works 

5. 

DESCRIPTION AND GROUNDS 

5.1. 

Need for Community intervention 

5.1.1.  Objectives pursued 

In  line  with  the  provisions  in  the  decisions  establishing  the  programmes,  this 
Agreement  lays  down  conditions,  notably  as  concerns  Switzerland’s  financial 
contribution,  adaptations  to  be  made  to  Switzerland’s  broadcasting  regulatory 
framework,  and  other  practical  arrangements  for  participating  in  these 
programmes. 

5.2. 

Actions envisaged and arrangements for budget intervention 

The aim of opening up the programmes MEDIA Plus and MEDIA Training to 
Switzerland  is  to  bring  about  synergies  and  mutual  benefit  to  partners  in 
Switzerland,  Member  States  of  the  Community,  as  well  as  other  participating 
countries,  with  a  view  to  expand  and  multiply  the  chances  for  successful 
achievement  of  the  aims  and  objectives  set  in  the  decisions  establishing  the 
programmes.  Accordingly,  objectives  and  target  population  are  the  same  as 
those of the programmes. 

5.3.  Methods of implementation 

– 

has 

participation 

Choice of ways and means 
been 
Switzerland’s 
modelled on the tried and tested terms and conditions used previously for 
EFTA/EEA  countries  and  candidate  countries.  Specific  provisions  have 
been made to adapt them to the particular conditions of Switzerland, since 
it  constitutes  the  first  case  of  European  country  neither  member  of  the 
EEA  nor  having  a  pre-accession  strategy  that  will  take  part  in  these 
programmesProjects  and 
initiatives  submitted  by  participants  from 
Switzerland shall be subject to the same conditions, rules and procedures 
pertaining  to  these  programmes  as  are  applied  to  Member  States, 
regarding  in  particular  the  submission,  assessment,  and  selection  of 
applications and projects, the responsibilities of the national structures in 
the  implementation  of  the  programmes,  and  the  activities  related  to  the 
programmes. 
participation 
monitoring 

their 

the 

of 

in 

The  Agreement  will  be  managed  by  a  joint  committee,  composed  of 
representatives of Switzerland and the Community. 

7 

OJ L 157, 30.4.2004, p. 4. 

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23 

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–  Main  factors  of  uncertainty  which  could  affect  the  specific  results  of  the 

operation 

Since projects will be selected according to quality criteria, it will only be 
possible  to  measure  the  real  impact  on  the  basis  of  Swiss  firms’  and 
institutions’ capacity to respond to the calls for proposal launched by the 
Commission under the programmes. 

6. 

FINANCIAL IMPACT  

6.1. 

Total financial impact (over the entire programming period) 

6.1.1.  Financial intervention 

EUR 

2005 

2006 

Total 

Operational expenditure 
(15.05.01.01+15.05.01.02) 

4 042 000

4 042 000

8 084 000 

Administrative expenditure  

158 000

158 000

316 000 

Total costs 

4 200 000

4 200 000

8 400 000 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE  

7.1. 

Impact on human resources 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the 
allocation  granted  to  the  managing  DG  in  the  framework  of  the  annual 
allocation procedure. 

EN 

24 

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Type of post 

 Staff to be assigned to management of the action using existing and/or additional 
resources 

Permanent 
posts 

Temporary posts 

A 
B 
C 

Officials or 
temporary staff 

Other resources 

Total 

pm 
pm 
pm 

pm 

1 

1 

7.2. 

Overall financial impact of human resources 

EUR  

Amounts 

Method of calculation (total cost for the period 2005-2006) 

Officials (*) 

--- 

Temporary staff 

216 000 

[ 1 A x 108 000] x 2 years  

Other resources  

Total 

--- 

216 000 

(*) By using existing resources required to manage the operation 

7.3. 

Other administrative expenditure deriving from the action 

EUR 

Budget heading 

Amounts  Method of calculation (yearly cost of the action) 

 A 7010 -missions 

12 000 

8 missions 2-days  

A 7031 -committees 

24 000 

Travel  allowance  and  subsistence  allowance  for  16  participants  in 
two-days meetings 

A 7030 - other meetings 

8 000 

6 000 

Travel  allowance  and  subsistence  allowance  for  3  participants  in  2 
two-day meetings 

Travel  allowance  and  subsistence  allowance  for  2  Swiss  experts 
participating in 2 meetings of 5 days in average 

Total 

50 000 

The above expenditure will be met from the receipts (article 4 par.2, third indent 
of  the  financial  regulation)  received  from  Switzerland  (see  point  2.5  of  the 
financial statement). 

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8. 

FOLLOW-UP AND EVALUATION 

8.1. 

Arrangements and schedule for the planned evaluation 

The monitoring and evaluation procedures included in the programmes (notably 
in  respect  of  evaluation,  as  included  in  the  decisions  establishing  the 
programmes) will also cover operations financed for Swiss beneficiaries. 

9. 

ANTI-FRAUD MEASURES 

All  the  Commission’s  contracts,  agreements  and  other  legal  commitments 
provide  for  on-the-spot  checks  by  the  Commission  and  Court  of  Auditors. 
Among  other  things,  the  beneficiaries  of  the  operations  are  obliged  to  file 
reports  and  financial  statements.  These  are  analysed  from  the  point  of  view  of 
their content and the eligibility of the expenditure in line with the objective of 
Community financing. 

The anti-fraud provisions of the basic budget headings apply to this heading too 
when adapted to the case of Switzerland. 

***** 

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