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 programme MEDIA 2007, and a Final Act 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 Community programme MEDIA 2007, and a Final Act
Date: 2007-08-21
Institutions: Provisional data
Subjects: EU programme, European Community, Switzerland, audiovisual communications policy, cultural policy, ratification of an agreement, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.8.2007 
COM(2007) 477 final 

2007/0171 (CNS) 

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 programme MEDIA 2007, and a Final Act 

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 Community programme 
MEDIA 2007, and a Final Act 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Participation  in  the  Community  programme  MEDIA  2007,  as  indicated  in  Article  8  of  the 
Decision establishing the programme1, 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 showed continued interest in strengthening cooperation with the EU 
in  the  audiovisual  sector.  In  a  joint  declaration  on  future  negotiations  attached  to  the  seven 
agreements between the European Community and Switzerland signed on 21 June 1999, both 
sides  stated  that  preparatory  work  for  negotiations  on  the  Swiss  participation  in  the 
Community MEDIA programmes should proceed rapidly. 

This area of cooperation was indeed broached during the next cycle of bilateral negotiations. 
On 26 October 2004 the European Community and Switzerland signed an Agreement on the 
participation  of  Switzerland  in  the  MEDIA  Plus  and  MEDIA  Training  programmes.2  The 
agreement entered into force on 1 April 2006.3  

With the ending of the MEDIA Plus and MEDIA Training programmes, the agreement came 
to an end 31 December 2006. 

The Council authorised on 12 February 2007 the opening of negotiations with Switzerland for 
its  participation  in  the  MEDIA  2007  programme.  On  the  basis  of  the  negotiating  directives 
attached to the Council decision authorising the opening of negotiations, and in consultation 
with  the  relevant  committee  appointed  by  the  Council,  the  Commission  has  conducted 
negotiations  with  Switzerland  for  a  new  Agreement  permitting  its  participation  in  MEDIA 
2007. 

The draft Agreement and a draft Final Act were initialled on 2 July 2007. Both documents are 
attached to the proposals for Council decisions. 

Switzerland  is  the  first,  and  at  the  moment  the  only,  European  country  which  not  being 
member of the EEA nor a candidate country would take part in this programme. 

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

•  In  line  with  the  prerequisites  for  participation  set  out  in  the  decision  establishing  the 
programme,  the  Agreement  defines,  in  Annex  I,  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. In this regard, provisions 
already  included  in  the  previous  agreement  have  been  revised  and  completed  to  allow 
closer  compatibility  of  Swiss  legislation  with  the  acquis:  Articles  1  and  4  in  Annex  I 
permit a closer match on provisions regarding the freedom of reception and retransmission 

1 

2 
3 

Decision  No  1718/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15  November  2006 
concerning the implementation of a programme of support for the European audiovisual sector (MEDIA 
2007) (OJ L 327, 24.11.2006, p. 12). 
OJ L 90 of 28.3.2006, p. 23. 
OJ L 90 of 28.3.2006, p. 35. 

EN 

2 

   EN 

 
                                                 
and  Article  2  in  the  same  Annex  I  guarantees  Swiss  compliance  with  Community 
provisions  regarding  measures  taken  to  safeguard  the  broadcasting  of  events  of  major 
importance  for  society  -  Article  3a  of  the  'Television  without  Frontiers'  Directive.  The 
Community will grant symmetrical treatment to Switzerland through a Council declaration 
included in the Final Act. 

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

the  national  structures 

the  responsibilities  of 

in 

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

to the Agreement. 

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

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

•  The  Agreement  will  be  provisionally  applied  as  from  the  date  of  its  signature  and  will 
continue to apply until the programme comes to an end, or until one of the sides notifies 
the other side of its wish to terminate the Agreement. 

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

parties. 

On  30  May  2007,  the  Swiss  transmitted  a  letter  to  the  Commission  (Federal  Councillor 
Couchepin  to  Commissioner  Reding)  reiterating  that  Swiss  positions  on  the  external 
dimension of audiovisual policy are in line with those of the European Union, positions that 
Switzerland  maintains  in  the  relevant  international  negotiations.  In  this  line,  the  letter 
indicated that Switzerland is currently in the process of ratifying the UNESCO Convention on 
the Promotion of the Diversity of Cultural Expressions. 

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

A second Joint Declaration signals the commitment of the Parties to adapt the Agreement, via 
the Joint Committee, once the revision of the currrent 'Television without Frontiers' Directive 
comes into force. 

By  analogy  with  the  arrangements  made  at  the  signature  of  the  previous  Agreement  on  20 
October  2004,  a  Declaration  of  the  Council  covers  questions  concerning  the  attendance  of 
representatives of Switzerland at Programme Committee meetings as observers, for the points 
which concern Switzerland. 

A  second  Declaration  of  the  Council  concerning  Annex  I,  is  proposed  in  order  to  grant 
Switzerland  symetrical  treatment  in  correspondance  with  the  commitments  undertaken  by 
Switzerland with regard to events of major importance to society. 

EN 

3 

   EN 

 
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 
programme MEDIA 2007, and a Final Act. 

The proposed decision on signature and provisional application implements the provision of 
the draft Agreement on provisional application as of the day of signature. This provision shall 
enable participants from Switzerland to participate still in a significant number of calls.  

Switzerland  shall  contribute  financially  to  the  MEDIA  2007  programme  as  if  it  was 
participating from the first day. 

The proposed decision on the conclusion establishes the political link between this Agreement 
and  the  seven  agreements  signed  on  21  June  1999,  in  particular  the  Agreement  on  the  Free 
Movement  of  Persons  for  which  Switzerland  will  decide  in  2009  about  its  continuation,  a 
decision which will most likely be subject of a referendum. 

EN 

4 

   EN 

 
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 programme MEDIA 2007, 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) 

Decision  No  1718/2006/EC  of  the  European  Parliament  and  of  the  Council  of  15 
November  2006  concerning  the  implementation  of  a  programme  of  support  for  the 
European  audiovisual  sector  (MEDIA  2007)  (OJ  L  327,  24.11.2006,  p.  12),  and  in 
particular  Article  8  thereof,  provides  that  the  programme  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  Council  has  authorised  the  Commission  to  negotiate,  on  behalf  of  the  European 
Community,  an  Agreement  to  enable  the  Swiss  Confederation  to  participate  in  this 
programme and a Final Act to that Agreement. 

(3) 

The negotiations were concluded on 2 July 2007 by initialling a draft Agreement. 

(4) 

Article 13 of the Agreement provides that it shall be applied provisionally as from the 
date of signature. 

(5) 

This Agreement and the Final Act should be signed, 

HAS DECIDED AS FOLLOWS: 

Article 1 

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. 

EN 

5 

   EN 

 
The Agreement shall be applied provisionally from the day of signature. 

Article 2 

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

Article 3 

Article 4 

This Agreement is related to the seven agreements signed with Switzerland on 21 June 1999 
and concluded by Council Decision of 4 April 2002. 

This Agreement shall not be renewed or renegotiated in accordance with its Article 12 in case 
the agreements referred to in the first paragraph have been terminated. 

Article 5 

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

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

Done at Brussels, 

For the Council 
The President 

EN 

6 

   EN 

 
 
 
2007/0171 (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 Community programme 
MEDIA 2007, 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 Parliament4, 

Whereas: 

(1) 

(2) 

The Commission has negotiated, on behalf of the European Community, an agreement 
to  enable  the  Swiss  Confederation  to  participate  in  the  Community  programme 
MEDIA 2007, and a Final Act. 

The  Agreement  and  the  Final  Act  were  signed  on  behalf  of  the  Community  on 
………….2007,  subject  to  conclusion  at  an  ulterior  date,  in  accordance  with  the 
Council Decision …./…./2007.5 

(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 Community programme MEDIA 2007, is hereby approved on behalf of 
the European Community. 

4 
5 

OJ C …,…, p.… 
OJ L … of …, p…. 

EN 

7 

   EN 

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

Article 2 

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

Article 3 

Article 4 

This Agreement is related to the seven agreements signed with Switzerland on 21 June 1999 
and concluded by Council Decision of 4 April 2002. 

This Agreement shall not be renewed or renegotiated in accordance with its Article 12 in case 
the agreements referred to in the first paragraph have been terminated.  

Article 5 

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

Done at Brussels, 

For the Council 
The President 

EN 

8 

   EN 

 
 
 
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 programme MEDIA 2007  

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 Decision No 1718/2006/EC of the European 
Parliament and of the Council of 15 November 20066, has established a programme of 
support for the European audiovisual sector (hereinafter referred to as the ‘Decision 
establishing the MEDIA 2007 programme’); 

WHEREAS  Article  8  of  the  Decision  establishing  the  MEDIA  2007  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 provision makes the opening up of the programme 
to  these  third  countries  subject  to  a  prior  examination  of  the  compatibility  of  their 
legislation with the relevant acquis communautaire; 

WHEREAS  Switzerland  took  part  in  the  MEDIA  Plus  and  MEDIA  Training 
programmes that came to an end on 31 December 2006; 

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 in Article 8 of the Decision establishing 
the MEDIA 2007 programme;  

WHEREAS, in particular, cooperation between the Community and Switzerland, with 
a view to pursuing the objectives fixed for the MEDIA 2007 programme, within the 
context  of  transnational  cooperation  activities  involving  the  Community  and 
Switzerland,  by  its  nature  enriches  the  impact  of  the  different  actions  undertaken 

6 

Decision No 1718/2006/EC of the European Parliament and of the Council of 15 November 
2006 concerning the implementation of a programme of support for the European audiovisual 
sector (MEDIA 2007) (OJ L 327, 24.11.2006, p. 12). 

EN 

9 

   EN

 
                                                 
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 2007 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 
2007 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 
Decision establishing the MEDIA 2007 programme. 

Article 2 

Compatibility of legislative frameworks 

In  order  to  be  able  to  fulfil  the  participation  conditions  laid  down  by  the  Decision 
establishing  the  MEDIA  2007  programme  on  the  date  of  entry  into  force  of  this 
Agreement,  Switzerland  will  implement  the  measures  described  in  Annex  I,  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. 

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 relevant provisions in the Decision establishing the 
MEDIA 2007 programme. 

In order to ensure the Community dimension of the programme, 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. 

EN 

10 

   EN

 
Article 4 

Procedures 

1. 

2. 

3. 

1. 

2. 

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

individuals 

from 

In  accordance  with  the  relevant  provisions  in  the  Decision  establishing  the 
MEDIA  2007  programme,  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 
to  be  submitted  and  other 
reports 
application  process,  contracts, 
administrative  aspects  of  the  programme,  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  2007 
programme  in  accordance  with  the  relevant  provisions  in  the  Decision 
establishing  this  programme.  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 programme 
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  2007  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 II. 

Article 7 

Financial control 

The  rules  on  financial  control  relating  to  Swiss  participants  in  the  MEDIA  2007 
programme are set out in Annex III. 

EN 

11 

   EN

 
Article 8 

Joint Committee 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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  the  management  and  proper 
implementation of this Agreement. 

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  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. 

The  Contracting  Parties  may  submit  any  disputes  relating 
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. 

to 

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  relevant  provisions  in  the  Decision 
establishing  the  MEDIA  2007  programme,  the  participation  of  Switzerland  in  the 
MEDIA  2007  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 for this purpose. 

EN 

12 

   EN

 
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. 

2. 

3. 

This  Agreement  is  concluded  for  the  duration  of  the  MEDIA  2007 
programme. 

If the Community adopts a new multi-annual programme of support for the 
this  Agreement  may  be  extended  or 
European  audiovisual  sector, 
renegotiated under mutually agreed conditions. 

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 and provisional application 

This Agreement shall enter into force on the first day of the first month following the 
notification  by  the  Contracting  Parties  of  the  completion  of  their  respective 
procedures. It shall be provisionally applied as from the date of its signature. 

EN 

13 

   EN

 
Article 14 

Use of languages 

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

Done at ……….. on……. 

For the European Community 

For the Swiss Confederation 

EN 

14 

   EN

 
ANNEX I 

Article 1 

1. 

2. 

1. 

7 

Freedom of broadcast reception and retransmission 

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 
television  broadcasting  activities7, 
States  concerning 
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:  

the  pursuit  of 

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 
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;  

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. 

In  the  cases  referred  to in  paragraph  1  of  this  Article,  action  shall  be  taken 
after an exchange of views within the Joint Committee established under this 
Agreement. 

Article 2 

Events of major importance for society 

Switzerland  shall  ensure  that  broadcasters  within  its  jurisdiction  will  not 
exercise exclusive rights on events of major importance according to the list 
of  a Member  State  of  the  Community  in  such  a  way  that  a  substantial 
proportion of the public of this Member State is deprived of following these 
events, according to article 3a of 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 (OJ L 298, 17.10.1989, p. 23). 

EN 

15 

   EN

 
                                                 
2. 

In accordance with the provisions established in Article 3a of the 'Television 
without  Frontiers’  Directive,  Switzerland  shall 
the  European 
Commission of the measures taken or to be taken in this regard. 

inform 

Article 3 

Promotion of distribution and production of European works 

For  the  purpose  of  implementing  the  measures  regarding  the  promotion  and 
distribution of European works, the definition of a European work shall be that set out 
in Article 6 of the 'Television without Frontiers’ Directive. 

Article 4 

Transitional provisions 

Article 1 in this Annex will apply from 30 November 2009. 

Before  30  November  2009,  the  provisions  set  out  in  Article  1  of  Annex  II  of  the 
Agreement  of  26  October  2004  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 shall continue to apply. 

EN 

16 

   EN

 
ANNEX II 

Financial contribution of Switzerland to MEDIA 2007 

1. 

The  financial  contribution  to  be  made  by  Switzerland  to  the  budget  of  the 
European Union in order to participate in the MEDIA 2007 programme shall 
be as follows (in euro): 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

4 205 000  5 805 677 

5 921 591  6 039 823 6 160 419 6 283 427  6 408 897

2. 

3. 

4. 

5. 

8 

9 

The  Financial  Regulation  applicable  to  the  general  budget  of  the  European 
Communities8  and  its  implementing  rules9  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 programme 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. 

Following  the  provisional  application  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 
programme,  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  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. 

Council Regulation (EC, Euratom) N°1605/2002 of 25 June 2002 on the Financial Regulation 
applicable to the general budget of the European Communities (OJ L 248 of 16.9.2002, p.1), 
as modified by Regulation N°1995/2006 of 13 December 2006 (OJ L 390 of 30.12.2006, p.1). 
Commission  Regulation  (EC,  Euratom)  N°2342/2002  of  23  December  2002  laying  down 
detailed rules for the implementation of Council Regulation (EC, Euratom) N°1605/2002 (OJ 
L  357  of  31.12.2002,  p.1),  as  last  modified  by  Commission  Regulation  (EC,  Euratom) 
N 478/2007 of 23 April 2007 (OJ L 111 of 28.04.2007, p. 13–45). 

EN 

17 

   EN

 
 
                                                 
ANNEX III  

Financial control of Swiss participants in the MEDIA 2007 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. 

2. 

3. 

4. 

5. 

In  accordance  with  Council  Regulation  (EC,  Euratom)  No  1605/2002  of  25  June  2002  on 
the Financial Regulation applicable to the general budget of the European Communities, as 
last  amended  by  Regulation  No  1995/2006  of  13  December  2006,  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,  as  last 
amended  by  Commission  Regulation  (EC,  Euratom)  No  478/2007  of  23  April  2007,  and 
with  the  other  provisions  referred  to  in  this  Agreement,  the  grant  agreement  decisions 
involving  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  Court  of  Auditors  of  the  European  Communities  shall  have  the  same  rights  as  the 
Commission. 

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

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. 

EN 

18 

   EN 

 
Article 3 

On-the-spot checks 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Within the framework of this Agreement, the Commission (and 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. 

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. 

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

Where  the  participants  in  the  MEDIA  2007  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. 

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 

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. 

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. 

EN 

19 

   EN 

 
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  2007  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 without any undue delay. 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 of the Court of Justice of the European 
Communities and the Court of First Instance pursuant to an arbitration clause shall be enforceable on 
the same terms. 

EN 

20 

   EN 

 
FINAL ACT 

The  plenipotentiaries  of  the  EUROPEAN  COMMUNITY  and  of  the  SWISS  CONFEDERATION, 
meeting  at  ……..on  ………..  2007,  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 programme MEDIA 
2007, have adopted the following joint declarations, which are attached to this Final Act: 

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

Joint  Declaration  by  the  Contracting  Parties  on  the  adaptation  of  the  Agreement  to  the  new 
Community Directive. 

They have also noted the following declarations, which are attached to this Final Act: 

Declaration of the Council on Swiss participation in committees. 

Declaration of the council on Annex I of the Agreement. 

Done at …….. on……………………. 

For the Swiss Confederation 

For the European Community 

EN 

21 

   EN 

 
 
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. 

JOINT DECLARATION 

by  the  Contracting  Parties  on  the  adaptation  of  the  Agreement  to  the  new  Community 
Directive 

The Parties declare that when a new Directive is adopted on the basis of the Commission Proposal 
for  a  Directive  of  the  European  Parliament  and  of  the  Council  amending  Council  Directive 
89/552/EEC (COM/2005/0646 final), the Joint Committee shall decide on the replacement in Article 
1 of Annex I, of the reference to Directive 97/36/EC of the European Parliament and the Council by 
a reference to the new directive. 

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. 

DECLARATION OF THE COUNCIL 

on Annex I of the Agreement 

For the good functioning of the Agreement, 

i)  corresponding  to  Switzerland's  commitment  regarding  the  freedom  of  broadcast  reception  and 
retransmission, television broadcasts under the jurisdiction of Switzerland will be granted the same 
treatment that Switzerland applies to television broadcasts under the jurisdiction of a Member State 
of the Community, as established in Article 1 in this Annex. 

EN 

22 

   EN 

 
ii) corresponding to Switzerland's commitment to facilitate the application of provisions concerning 
the measures taken by the Member States to ensure the broadcasting of events of major importance 
for society, equal treatment to that which is given to Member States measures contemplated under 
Article 3a of the 'Television without Frontiers' Directive, shall be granted to measures taken or to be 
taken by Switzerland in this regard. 

EN 

23 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL 

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 programme  MEDIA  2007,  and a Final 
Act. 

2. 

ABM / ABB FRAMEWORK 

Policy area: Information Society and Media 

3. 

BUDGET LINES 

3.1. 

Budget lines (operational lines and related technical and administrative assistance lines (ex- 
B.A lines) including headings: 

–  Participation  of  Swiss  partners  in  programme  activities,  as  well  as  costs  in  connection 
with the implementation of the Agreement (travelling expenses of European experts and 
of Commission officials on mission, workshops, seminars and meetings) will be charged 
to  the  specific  budget  headings  for  the  MEDIA  2007  programme  and  related  budget 
lines: 
09 06 01  Media 2007 
09 01 04 05 
09 01 04 30 
for programmes in heading 3B  

MEDIA 
administrative  Management 
on 
Executive Agency for Education, Audiovisual & Culture – Subvention 

2007  Expenditure 

–  Swiss participation 

–  Budget line 6033 (revenue). 

3.2. 

Duration of the action and of the financial impact: 

From the date of its signature for the duration of the MEDIA 2007 programme, as laid out in articles 
12 and 13 of the Agreement. 

EN 

24 

   EN 

 
 
3.3. 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

Expenditure type 

New 

EFTA 
contribution 

Contributions from 
applicant countries 

Heading in financial 
perspective 

06 06 01  

Non-comp 

Diff10 

09 01 04 05 

Non-comp 

Non-diff11 

No 

No 

09 01 04 30 

Non-comp 

Non-diff 

No  

Yes 

Yes  

Yes  

Yes 

Yes 

Yes  

No 3B 

No 3B 

No 3B 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1.  Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

Operational expenditure12 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

€  

Commitment 
Appropriations (CA) 

8.1 

Payment 
Appropriations (PA) 

a 

b 

Administrative expenditure within reference amount13 

Technical 
administrative 
assistance (NDA) 

& 

8.2.4 

c  177 500  177 500  177 500  177 500  177 500  177 500  177 500 

1 242 500 

10 
11 
12 
13 

Differentiated appropriations. 
Non-differentiated appropriations. 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 

EN 

25 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT 

Commitment 
Appropriations 

Payment 
Appropriations 

a
+
c 

b
+
c 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

1 242 500

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

1 242 500

Administrative expenditure not included in reference amount14 

Human resources and 
associated 
expenditure (NDA) 

Administrative  costs, 
than  human 
other 
resources 
and 
associated  costs,  not 
included  in  reference 
amount (NDA) 

8.2.5 

d 

8.2.6 

e 

Total indicative financial cost of intervention 

TOTAL 
including 
Human Resources 

CA 
cost  of 

TOTAL 
including 
Human Resources 

PA 
cost  of 

Co-financing details 

a
+
c
+
d
+
e 

b
+
c
+
d
+
e 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

1 242 500

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

1 242 500

If the proposal involves co-financing by Member States, or other bodies (please specify which), an 
estimate of the level of this co-financing should be indicated in the table below (additional lines may 
be added if different bodies are foreseen for the provision of the co-financing): 

14 

Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05. 

EN 

26 

   EN 

 
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Co-financing body 

2007 

2008 

2009 

2010 2011 

2012 

2013 

Total 

€  

TOTAL  CA 
financing 

including 

co-

f 

a
+
c
+
d
+
e
+
f 

4.1.2.  Compatibility with Financial Programming 

x 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal will entail reprogramming of the relevant heading in the financial perspective. 

Proposal may require application of the provisions of the Inter-institutional Agreement15 (i.e. 

(cid:133) 
flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on Revenue 

(cid:133) 

x 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

  Situation following action 

€  

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

4 205 000  5 805 677 

5 921 591 

6 039 823 

6 160 419 

6 283 427 

6 408 897 40 824 834

Budget 
line 

Revenue* 

Prior 
to 
action 
[Year 
n-1] 

6033 

a)  Revenue 
absolute terms 

in 

0 

b)  Change 
revenue 

in 

 () 

*estimated revenue 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate  number  of  rows  to  the 
table if there is an effect on more than one budget line.) 

15 

See points 19 and 24 of the Inter-institutional agreement. 

EN 

27 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4.2. 

Human Resources FTE (including officials, temporary and external staff) – see detail under 
point 8.2.1. 

Annual requirements 

2007 

2008  2009  2010 

2011 

2012 

2013 

Total 

Total 
number 
human resources 

of 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. This section of 
the  Legislative  Financial  Statement  should  include  the  following  specific  complementary 
information: 

5.1. 

Needs to be met in the short or long term: 

In  line  with  the  provisions  in  the  decision  establishing  the  programme,  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 the programme. 

5.2. 

Value-added of Community involvement and coherence of the proposal with other financial 
instruments and possible synergy: 

The aim of opening up the MEDIA 2007 Programme 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  decision establishing the programme. Accordingly, objectives 
and target population are the same as those of the programme. 

5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the  context  of  the 
ABM framework 

–  Choice of ways and means of Switzerland’s participation has been 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  this  programme. 
Projects and initiatives submitted by participants from Switzerland shall be subject to the 
same  conditions,  rules  and  procedures  pertaining  to  this  programme  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  programme,  and  the  activities  related  to  the  monitoring  of  their 
participation in the programme. The Agreement will be managed by a joint committee, 
composed of representatives of Switzerland and the Community. 

EN 

28 

   EN 

 
 
 
 
 
 
 
 
 
 
 
–  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 programme. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)16 chosen for the implementation of the action. 

X Centralised Management 

× 

Directly by the Commission 

⌧ 

Indirectly by delegation to: 

⌧ 

Executive Agencies 

(cid:133) 

(cid:133) 

Bodies set up by the Community as referred to in Art. 185 of the Financial Regulation 

National public-sector bodies/bodies with public-service mission. 

(cid:133) Shared or decentralised management 

(cid:133)  With Member States 

(cid:133)  With third countries 

(cid:133) Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

(a) 

Performance indicators 

–  Standard provisions in the programme. 

(b) 

Gathering of information: 

–  Standard provisions in the programme. 

16 

If more than one method is indicated please provide additional details in the "Relevant comments" section of 
this point. 

EN 

29 

   EN 

 
 
 
 
                                                 
(c) 

Overall evaluation: 

–  Standard provisions in the programme. 

6.2. 

Evaluation 

Evaluation procedures included in the decisions establishing the programme will also cover activities 
involving Swiss partners. 

7. 

ANTI-FRAUD MEASURES 

All the Commission’s contracts, grant agreement decisions 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. 

Annex III of the Agreement lays out in detail the provisions pertaining to financial control of Swiss 
participants in the MEDIA 2007 programme. 

EN 

30 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost:  NA 

(Headings 
of 
Objectives,  actions 
and outputs should 
be provided) 

Type 
of 
output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

No. 
outputs 

Tota
l 
cost 

No. 
outputs 

Tota
l 
cost 

No. 
outputs 

Tota
l 
cost 

No. 
outputs 

Tota
l 
cost 

No. 
outputs 

Tota
l 
cost 

No. 
outputs 

Tota
l 
cost 

Tota
l 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL 
OBJECTIVE No.117 

Action1 

Output 1 

Output 2 

Action 2 

Output 1 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE No.2  

Action 1 

Output 1 

Sub-total 
Objective 2 

17 

As described under Section 5.3. 

EN 

31 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
OPERATIONAL 
OBJECTIVE No. n 

Sub-total  Objective 
n 

TOTAL COST 

EN 

32 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

2007 

2008  2009  2010  2011  2012  2013 

Total 

Officials or 
temporary 
staff18 (XX 01 
01) 

A*/
AD 

B*, 
C*/
AST 

Staff financed19 by Art. 
XX 01 02 

Other  staff  financed20 
by Art. XX 01 04/05 

0 

0 

TOTAL 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

8.2.2.  Description of tasks deriving from the action 

Management and implementation of the participation of Switzerland in the MEDIA 2007 
programme will entail regular missions by EC and Swiss experts and officials. 

8.2.3.  Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts  originating 
from each of the sources) 

–  Posts  currently  allocated  to  the  management  of  the  programme  to  be  replaced  or 

extended 

–  Posts pre-allocated within the APS/PDB exercise for year n 

–  Posts to be requested in the next APS/PDB procedure 

–  Posts to be redeployed using existing resources within the managing service (internal 

redeployment) 

–  Posts required for year n although not foreseen in the APS/PDB exercise of the year in 

question 

18 
19 
20 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other 

administrative 

amount 
(09 01 04 05 – MEDIA 2007 Expenditure on administrative management, 

expenditure 

reference 

included 

in 

and 09 01 04 30 Executive Agency for Education, Audiovisual and Culture) 

€  

Budget line 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

TOTAL 

(number 
heading) 

and 

1.  Technical  and 
administrative 
assistance 
(including  related 
staff costs) 

Executive agencies 

126 000 

126 000 

126 000 

126 000 

126 000 

126 000 

126 000 

882 000 

(09 01 04 30) 

Other technical and 
administrative 
assistance 

(09  01  04  05) 
Missions 

(09  01  04  05) 
Meetings 
& 
Conferences 

(09  01  04  05) 
Committees21 

Total  Technical 
and 
administrative 
assistance 

12 360 

12 360 

12 360 

12 360 

12 360 

12 360 

12 360 

86 520 

14 420 

14 420 

14 420 

14 420 

14 420 

14 420 

14 420 

100 940 

24 720 

24 720 

24 720 

24 720 

24 720 

24 720 

24 720 

173 040 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

177 500 

1 242 500 

Calculation - Other administrative expenditure included in reference amount 

126 000 

2 Contractual Agents at average 63 000 

12 360 

8 missions 2-days  

21 

Programme management committees and eventually project selection committees. 

EN 

34 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
24 720 

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

(8 240+ 

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

6 180)  

=14 420 

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

8.2.5.  Financial  cost  of  human  resources  and  associated  costs  not  included  in  the 

reference amount 

€ 

Type of human resources 

2007 

2008 

2009 

2010 

2011 

2012 

2013 

Total 

0 

0 

0 

0 

0 

0 

0 

0 

Officials  and  temporary 
staff (XX 01 01) 

Staff financed by Art XX 
01  02  (auxiliary,  END, 
contract staff, etc.) 

(specify budget line) 

Total  cost  of  Human 
Resources 
and 
associated  costs  (NOT 
in reference amount) 

Calculation– Officials and Temporary agents - NA 

Reference should be made to Point 8.2.1, if applicable 

Calculation– Staff financed under Art. XX 01 02 - NA 

Reference should be made to Point 8.2.1, if applicable 

8.2.6.  Other administrative expenditure not included in reference amount 

2007 

2008 

2009 

2010 

2011  2012 

€  
2013  TOTAL 

XX 01 02 11 01 – Missions 

XX  01  02  11  02  –  Meetings  & 
Conferences 

XX 01 02 11 03 – Committees22 

22 

Specify the type of committee and the group to which it belongs. 

EN 

35 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
XX  01  02  11  04  –  Studies  & 
consultations 

XX  01  02  11  05  -  Information 
systems 

2.  Total  Other  Management 
Expenditure  (XX  01  02 
11) 

3.  Other  expenditure  of  an 
nature 
including 

administrative 
(specify 
reference to budget line) 

Total 
expenditure, 
human 
associated 
included 
amount) 

Administrative 
than 
and 
(NOT 
reference 

other 
resources 
costs 
in 

0 

0 

0 

0 

0 

0 

0 

Calculation - Other administrative expenditure not included in reference amount 

Annex 
Method of calculating the effect on revenue 

Switzerland's  contribution  to  the  budget  of  the  MEDIA  2007  programme  takes  into 
account two elements: 

–  the  foreseeable  operational  costs,  which  have  been  calculated  on  the  basis  of  the 

programme budgets and the country's estimated take-up capacity, 

–  the foreseeable administrative costs, corresponding to the meetings, missions and one 

temporary A staff. 

***** 

EN 

36 

   EN