Proposal for a Council Decision 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
Date: 2004-10-06
Institutions: European Commission
Subjects: EU programme, Switzerland, agreement (EU), audiovisual communications policy, vocational training

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.10.2004 
COM(2004) 649 final 

2004/0230 (CNS) 

Proposal for a 

COUNCIL DECISION 

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. 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
  
EXPLANATORY MEMORANDUM 

The  Commission  has  negotiated  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. 

Negotiations were conducted 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 Agreement and a Final Act were initialled on 25 June 2004, and signed on behalf of the 
Community on …………….2004, subject to its conclusion at an ulterior date, in accordance 
with the Council Decision …./…./2004. 

The  Commission  requests  the  Council  to  conclude  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  MEDIA  Plus  and  MEDIA  Training 
Community programmes, and a Final Act. 

EN 

2 

   EN 

 
2004/0230 (CNS) 

Proposal for a 

COUNCIL DECISION 

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. 

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,  and  Article  300(3), 
first sub-paragraph thereof, 

Having regard to the proposal from the Commission 

Having regard to the opinion of the European Parliament1, 

Whereas: 

(1) 

(2) 

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. 

The  Agreement  and  the  Final  Act  were  signed  on  behalf  of  the  Community  on 
………….2004,  subject  to  conclusion  at  an  ulterior  date,  in  accordance  with  the 
Council Decision …./…./2004. 

(3) 

This Agreement should be approved, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Agreement  between  the  European  Community  and  the  Swiss  Confederation  in  the 
Audiovisual  field,  adopting  the  terms  and  conditions  for  the  participation  of  the  Swiss 
Confederation in the MEDIA Plus and MEDIA Training Community programmes, is hereby 
approved on behalf of the European Community. 

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

1 

OJ C …,…, p.… 

EN 

3 

   EN 

 
                                                 
The  Commission  shall  represent  the  Community  in  the  Joint  Committee  provided  for  in 
Article 8 of the Agreement. 

Article 2 

The  President  of  the  Council  shall,  on  behalf  of  the  Community,  give  the  notifications 
provided for in Article 13 of the Agreement. 

Article 3 

Article 4 

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

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN 

 
 
 
 
 
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; 

EN 

5 

   EN 

 
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. 

2. 

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. 

In  accordance  with  the  relevant  provisions  of  the  Decisions  listed  in  Annex  1,  the 
Commission  of  the  European  Communities  (hereinafter  referred  to  as  “the 

EN 

6 

   EN 

 
3. 

1. 

2. 

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. 

4. 

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 

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. 

EN 

7 

   EN 

 
5. 

6. 

7. 

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. 

1. 

2. 

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 

EN 

8 

   EN 

 
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  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 

… 

… 

EN 

9 

   EN 

 
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). 

EN 

10 

   EN 

 
ANNEX 2 

Article A 

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  

a) 

b) 

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 
the  place  of 
towards  Swiss 
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). 

territory, 

if 

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 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 

1. 

2. 

3. 

1. 

EN 

11 

   EN 

 
2. 

3. 

4. 

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. 

EN 

12 

   EN 

 
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%. 

EN 

13 

   EN 

 
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. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article B 
Audits 

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. 

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 

EN 

14 

   EN 

 
3. 

4. 

5. 

1. 

2. 

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. 

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. 

EN 

15 

   EN 

 
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. 

EN 

16 

   EN 

 
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 

… 

… 

EN 

17 

   EN 

 
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 

18 

   EN