Proposal for a Council Decision on the Community position to be taken in the EU – Switzerland Joint Committee established in 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 program MEDIA 2007, as regards a Joint Committee decision updating Article 1 in Annex I of the Agreement
Date: 2009-11-30
Institutions: European Commission
Subjects: EU programme, Switzerland, audiovisual communications policy, broadcasting, child protection, cooperation agreement (EU), television, young person

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.11.2009 
COM(2009)657 final 

Proposal for a 

COUNCIL DECISION 

on the Community position to be taken in the EU – Switzerland Joint Committee 
established in 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 program MEDIA 2007, as 
regards a Joint Committee decision updating Article 1 in Annex I of the Agreement 

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EXPLANATORY MEMORANDUM 

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  program  MEDIA  20071  was  signed  on  11  October  2007 
and, as per its article 13, it is provisionally applied as from 1 September 2007. 

On 12 June 2009 the Swiss Parliament approved the Agreement and on 25 September 2009 it 
approved modifications to the Swiss Law on Radio and Television (LRTV) that, upon entry 
into force, will render it compatible with the acquis. 

Official  notification  from  the  Swiss  government  on  the  ratification  of  the  Agreement  is 
expected shortly, and the modifications to the Swiss LRTV should enter into force in January 
after the expiration of the 100 days delay during which a referendum might be requested. 

Ratification  by  the  EU  side  should  follow  the  entry  into  force  of  the  modifications  to  the 
LRTV. 

Following  the  entry  into  force  on  19  December  2007  of  the  Audiovisual  Media  Services 
Directive  (Directive  89/552  as  last  amended  by  Directive  2007/65/EC  of  the  European 
Parliament  and  the  Council)2,  it  appears  appropriate  to  the  Parties  not  only  to  replace  the 
references  to  this  Directive  as  provided  in  the  Final  Act  to  the  agreement  in  the  Joint 
Declaration  by  the  Contracting  Parties  on  the  adaptation  of  the  Agreement  to  the  new 
Community Directive, but to update Article 1 in Annex I of the Agreement as well, pursuant 
to Article 8 (7) of the Agreement. 

The  new  drafting  proposed  will  replace  the  current  procedure  in  Article  1  of  Annex  I  by  a 
similar mechanism which is more in line with the legal framework brought up by the AVMS 
Directive.  

Regarding the adoption of the Community position to be taken to the Joint Committee, Article 
2 of the Decision of the Council and of the Commission of 4 April 2002 on the conclusion of 
seven  Agreements  with  the  Swiss  Confederation  provides  that  positions  taken  by  the 
Community in the course of the implementation of the Agreement as regards decisions of the 
Joint  Committee  shall  be  laid  down  by  the  Council  in  accordance  with  the  corresponding 
provisions of the Treaty establishing the European Community.3 

In  that  respect,  Article  300,  paragraph  2,  subparagraph  2  of  the  Treaty  establishing  the 
European  Community  provides  that  the  positions  adopted  on  behalf  of  the  Community  in  a 
body set up by an agreement shall be approved by the Council when such body is called upon 
to adopt decisions having legal effects.  

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O.J. (2007) L 303 p.11 
O.J. (2007) L 332 p.27 
O.J. (2002) L 114 p.1 

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Proposal for a 

COUNCIL DECISION 

on the Community position to be taken in the EU – Switzerland Joint Committee 
established in 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 program MEDIA 2007, as 
regards a Joint Committee decision updating Article 1 in Annex I of the Agreement 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
150(4) and Article 157(3) thereof, in conjunction with Article 300(2) sub-paragraph 2 thereof, 

Having regard to the proposal from the Commission4, 

Whereas: 

(1) 

(2) 

Article  8  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 
signed  on  11  October  2007,  hereinafter  referred  to  as  ‘the  Agreement',  establishes  a 
Joint  Committee  responsible  for  the  management  and  proper  implementation  of  this 
Agreement. 

Following  the  entry  into  force  on  19  December  2007  of  Directive  89/552  as  last 
amended  by  Directive  2007/65/EC  of  the  European  Parliament  and  the  Council 
(Audiovisual Media Services Directive)5, it appears appropriate to the Parties not only 
to replace the references to this Directive as provided in the Final Act to the agreement 
in  the  Joint  Declaration  by  the  Contracting  Parties  on  the  adaptation  of  the 
Agreement to the new Community Directive, but to update Article 1 in Annex I of the 
Agreement as well, pursuant to Article 8 (7) of the Agreement, 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Council  approves  the  draft  decision  in  the  Annex  as  Community  position  regarding  a 
decision to be adopted by the EU–Switzerland Joint Committee established in the Agreement, 
on the updating of Article 1 in Annex I of the Agreement. 

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OJ C […], […], p. […]. 
O.J. (2007) L 332 p.27 

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Article 2 

The decision of the joint committee shall be published in the Official Journal of the European 
Union. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

Draft 

DECISION No … 
OF THE EU-SWITZERLAND JOINT COMMITTEE ESTABLISHED IN 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 

of … 2010  

on the updating of Article 1 in Annex I of the Agreement. 

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DECISION No … 

OF THE EU-SWITZERLAND JOINT COMMITTEE ESTABLISHED IN 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, 

of … 2010 

on the updating of Article 1 in Annex I of the Agreement. 

THE JOINT COMMITTEE, 

Having  regard  to  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  20076, 
hereinafter  referred  to  as  ‘the  Agreement’,  and  the  Final  Act  to  Agreement7,  both  signed  in 
Brussels on 11 October 2007. 

Whereas: 

1. 

2. 

The Agreement entered into force on [……….], 

Following  the  entry  into  force  on  19  December  2007  of  Directive  89/552  as  last 
amended  by  Directive  2007/65/EC  of  the  European  Parliament  and  the  Council 
(Audiovisual  Media  Services  Directive)8,  it  appears  appropriate  to  the  Parties  not 
only  to  replace  the  references  to  this  Directive  as  provided  in  the  Final  Act  to  the 
agreement in the Joint Declaration by the Contracting Parties on the adaptation of 
the Agreement to the new Community Directive, but to update Article 1 in Annex I of 
the Agreement as well, pursuant to Article 8 (7) of the Agreement, 

HAS DECIDED AS FOLLOWS: 

(1) 

Article 1 in Annex I of the Agreement shall be replaced by the following: 

Article 1 

<<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  Directive 
89/552/EEC  of  the  European  Parliament  and  of  the  Council  of  3  October  1989  on  the  coordination  of  certain 

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O.J. (2007) L 303 p.11 
O.J. (2007) L 303 p.20 
O.J. (2007) L 332 p.27 

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provisions laid down by law, regulation or administrative action in Member States concerning the provision of 
audiovisual media services (footnote 1), (hereinafter referred to as the 'Audiovisual Media Services 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  Article  22(1)  or  (2)  and/or  Article  3b  of  the 
Audiovisual Media Services Directive; 

(b)  require  broadcasters  under  its  jurisdiction  to  comply  with  more  detailed  or  stricter  rules  in  the  fields 
coordinated  by  the  Audiovisual  Media  Services  Directive  provided  that  such  rules  are  proportionate  and  non-
discriminatory. 

2. In cases where Switzerland: 

(a)  has  exercised  its  freedom  under  paragraph  1.b  to  adopt  more  detailed  or  stricter  rules  of  general  public 
interest; and 

(b) assesses that a broadcaster under the jurisdiction of a Member State of the Community provides a television 
broadcast  which  is  wholly  or  mostly  directed  towards  its  territory;  it  may  contact  the  Member  State  having 
jurisdiction  with  a  view  to  achieving  a  mutually  satisfactory  solution  to  any  problems  posed.  On  receipt  of  a 
substantiated  request  by  Switzerland,  the  Member  State  having  jurisdiction  shall  request  the  broadcaster  to 
comply with the rules of general public interest in question. The Member State having jurisdiction shall inform 
Switzerland of the results obtained following this request within two months. Either Switzerland or the Member 
State may ask the Commission to invite the parties concerned to an ad-hoc meeting with the Commission on the 
fringe of the Contact Committee to examine the case. 

3. Where Switzerland assesses; 

(a) that the results achieved through the application of paragraph 2 are not satisfactory; and 

(b)  that  the  broadcaster  in  question  has  established  itself  in  the  Member  State  having  jurisdiction  in  order  to 
circumvent the stricter rules, in the fields coordinated by the Audiovisual Media Services Directive, which would 
be  applicable  to  it  if  it  were  established  within  Switzerland,  it  may  adopt  appropriate  measures  against  the 
broadcaster concerned. 

Such measures shall be objectively necessary, applied in a non-discriminatory manner and be proportionate to 
the objectives which they pursue. 

4. Switzerland may take measures pursuant to paragraph l.a or paragraph 3 of this article only if the following 
conditions are met: 

(a)  it  has  notified  the  Joint  Committee  and  the  Member  State  in  which  the  broadcaster  is  established  of  its 
intention to take such measures while substantiating the grounds on which it bases its assessment; 

(b)  and  the  Joint  Committee  has  decided  that  the  measures  are  proportionate  and  non-discriminatory,  and  in 
particular that assessments made by Switzerland under paragraphs 2 and 3 are correctly founded. 

Footnote (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 of 30 June 1997, 
(0J L 202, 30.7.1997, p. 60) and by Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 (0J L 332 
,18.12.2007, p. 27).>> 

This Decision shall enter into force on the first day following that of its adoption. 

Article 2 

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Done at Brussels, […]. 

For the Joint Committee 

The President 

The Secretaries 

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