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 - Final Act - Declarations
Date: 2007-10-11
Institutions: European Community, Switzerland
Subjects: EU programme, Switzerland, agreement (EU), audiovisual communications policy, interim agreement (EU)

21.11.2007

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Official Journal of the European Union

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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

AGREEMENT

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 2006 concerning the implementation of a programme of support for the European audiovisual sector
(MEDIA 2007) (1), (hereinafter referred to as the ‘Decision establishing the MEDIA 2007 programme’), has established a
programme of support for the European audiovisual sector;

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 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:

(1) OJ L 327, 24.11.2006, p. 12.

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Article 1

Subject matter

Commission’) may consider Swiss experts when appointing
independent experts to assist it with project evaluation.

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

the Decision establishing
entry
implement

In order to be able to fulfil the participation conditions laid
the MEDIA 2007
down by
programme on the date of
this
into force of
the measures
shall
Agreement,
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.

Switzerland

Article 3

Eligibility

Unless otherwise provided in this Agreement:

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

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

regards

Article 5

National structures

1.
Switzerland shall establish the appropriate structures and
mechanisms at national level and shall adopt all other necessary
measures for national coordination and organisation of activities
to implement the MEDIA 2007 programme in accordance with
the relevant provisions of the Decision establishing the MEDIA
2007 programme.
In particular, Switzerland undertakes to
establish a MEDIA Desk in cooperation with the Commission.

2.
The maximum amount of financial support to be allocated
by the 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 contri-
bution to the general budget of
the European Union in
accordance with the terms and conditions set out in Annex II.

2. The eligibility of institutions, organisations and individuals
from Switzerland shall be governed by the
relevant
provisions in the Decision establishing the MEDIA 2007
programme.

Article 7

Financial control

3. In order

all projects

to ensure the Community dimension of

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

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

Article 8

Joint Committee

1.

A Joint Committee is hereby established.

Article 4

Procedures

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

The terms and conditions for the submission, assessment
1.
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.

The

3.
management and proper implementation of this Agreement.

Joint Committee

responsible

shall be

for

the

2.
In accordance with the relevant provisions of the Decision
establishing the MEDIA 2007 programme, the Commission of
referred to as ‘the
the European Communities (hereinafter

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

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In order

to discuss

the proper

this
5.
Agreement, the Joint Committee shall meet at the request of
either of
its rules of
procedure and may create working groups to assist it with its
task.

the Contracting Parties.

functioning of

It shall adopt

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

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

Article 9

Monitoring, evaluation and reports

Without prejudice to the responsibilities of the Community in
relation to programme monitoring and evaluation pursuant to
the relevant provisions in the Decision establishing the MEDIA
the participation of Switzerland in the
2007 programme,
MEDIA 2007 programme shall be continuously monitored in
the context of a partnership between the Community and Swi-
tzerland. In order to help it to prepare reports on the experience
acquired in the application of the MEDIA 2007 programme,
to the Commission a contribution
Switzerland shall submit
describing the national measures taken by Switzerland in this
regard. It shall take part in any other specific activity proposed
by the Community for this purpose.

Article 10

Annexes

conditions laid down in that Treaty, and to the territory of
Switzerland.

Article 12

Duration and termination

1.
This Agreement
MEDIA 2007 programme.

is concluded for the duration of

the

2.
If the Community adopts a new multi-annual programme
of support for the European audiovisual sector, this Agreement
may be extended or
renegotiated under mutually agreed
conditions.

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

termination shall continue until

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 provi-
sionally applied as from 1 September 2007.

Annexes I,
Agreement.

II and III shall

form an integral part of

this

Article 14

Use of languages

Article 11

Territorial application

This Agreement shall apply to the territories in which the Treaty
establishing the European Community is applicable, under the

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

Latvian,

Italian,

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Съставено в Брюксел на единадесети октомври две хиляди и седма година.

Hecho en Bruselas, el once de octubre de dos mil siete.

V Bruselu dne jedenáctého října dva tisíce sedm.

Udfærdiget i Bruxelles, den ellevte oktober to tusind og syv.

Geschehen zu Brüssel am elften Oktober zweitausendsieben.

Kahe tuhande seitsmenda aasta oktoobrikuu üheteistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις ένδεκα Οκτωβρίου δύο χιλιάδες επτά.

Done at Brussels on the eleventh day of October in the year two thousand and seven.

Fait à Bruxelles, le onze octobre deux mille sept.

Fatto a Bruxelles, addì undici ottobre duemilasette.

Briselē, divtūkstoš septītā gada vienpadsmitajā oktobrī.

Priimta du tūkstančiai septintųjų metų spalio vienuoliktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-hetedik év október havának tizenegyedik napján.

Magħmul fi Brussell, fil-ħdax-il jum ta' Ottubru tas-sena elfejn u sebgħa.

Gedaan te Brussel, de elfde oktober tweeduizend zeven.

Sporządzono w Brukseli, dnia jedenastego października roku dwa tysiące siódmego.

Feito em Bruxelas, em onze de Outubro de dois mil e sete.

Încħeiat la Bruxelles, unsprezece octombrie două mii șapte.

V Bruseli jedenásteho októbra dvetisícsedem.

V Bruslju, dne enajstega oktobra leta dva tisoč sedem.

Tehty Brysselissä yhdentenätoista päivänä lokakuuta vuonna kaksituhattaseitsemän.

Som skedde i Bryssel den elfte oktober tjugohundrasju.

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За Европейската общност
Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunitá Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Pentru Comunitatea Europeană
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

За Конфедерация Швейцария
Por la Confederación Suiza
Za Švýcarskou konfederaci
For Det Schweiziske Forbund
Für die Schweizerische Eidgenossenschaft
Šveitsi Konföderatsiooni nimel
Για την Ελβετική Συνομοσπονδία
For the Swiss Confederation
Pour la Confédération suisse
Per la Confederazione svizzera
Šveices Konfederācijas vārdā
Šveicarijos Konfederacijos vardu
a Svájci Államszövetség részéről
Għall-Konfederazzjoni Żvizzera
Voor de Zwitserse Bondsstaat
W imieniu Konfederacji Szwajcarskiej
Pela Confederação Suíça
Pentru Confederația Elvețiană
Za Švajčiarsku konfederáciu
Za Švicarsko konfederacijo
Sveitsin valaliiton puolesta
På Schweiziska edsförbundets vägnar

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Official Journal of the European Union

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ANNEX I

Article 1

Freedom of broadcast reception and retransmission

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

Switzerland shall maintain the right to:

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

(b) take action against a television broadcasting organisation which is established in the territory of a Member State of the
Community but whose activity is entirely or mainly directed towards Swiss territory, if the place of establishment was
chosen with a view to evading the rules which would have applied to the organisation had it been established on
Swiss territory. These conditions will be interpreted in the light of the relevant case law of the Court of Justice of the
European Communities.

In the cases referred to in paragraph 1 of this Article, action shall be taken after an exchange of views within the

2.
Joint Committee established under this Agreement.

Article 2

Events of major importance for society

1.
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.

In accordance with the provisions established in Article 3a of the ‘Television without Frontiers’ Directive, Swi-

2.
tzerland shall inform the European Commission of the measures taken or to be taken in this regard.

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 1 of this Annex shall apply from 30 November 2009.

Article 4

Transitional provisions

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 (2) shall continue to apply.

(1) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202,

30.7.1997, p. 60).

(2) OJ L 90, 28.3.2006, p. 22.

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ANNEX II

FINANCIAL CONTRIBUTION OF SWITZERLAND TO THE MEDIA 2007 PROGRAMME

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. Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the
general budget of the European Communities (1) 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 (2) shall apply, in particular to the management of Switzerland’s contribution.

3. The travel and subsistence expenses of representatives and experts from Switzerland in connection with their parti-
cipation in meetings organised by the Commission in relation to the 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.

4. Following the provisional application of

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.

the beginning of each subsequent year,

this Agreement, and at

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

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

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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.
In accordance with Regulation (EC, Euratom) No 1605/2002 and Regulation (EC, Euratom) No 2342/2002 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
2.
documents and to all the information required in order to carry out such audits, including information in electronic form.
This right of access shall be stated explicitly in the contracts entered into to implement the instruments referred to in this
Agreement.

3.

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

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

4.
question.

The Swiss Federal Audit Office shall be informed in advance of audits to be conducted on Swiss territory. This

5.
information shall not be a legal condition for carrying out such audits.

Article 3

On-the-spot checks

1. Within the framework of this Agreement, the Commission (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 (1).

2.
On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with
the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss Federal Audit Office,
which shall be notified in good time of the object, purpose and legal basis of 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

3.
Commission and by them.

4. 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.

(1) OJ L 292, 15.11.1996, p. 2.

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The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to
5.
an irregularity which has come to its notice in the course of an 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

1.
regularly exchange information and, at the request of one of the Parties, shall conduct consultations.

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

Article 5

Confidentiality

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

Article 6

Administrative measures and penalties

Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the
Commission in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002 and
Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’
financial interests (1).

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.

(1) OJ L 312, 23.12.1995, p. 1. Regulation as amended by Commission Regulation (EC) No 1233/2007 (OJ L 279, 23.10.2007, p. 10).