Explanatory Memorandum to COM(2007)477-1 - Signature of an Agreement with Switzerland in the audiovisual field, establishing the terms and conditions for the participation of Switzerland in the EC programme MEDIA 2007, and a Final Act

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dossier COM(2007)477-1 - Signature of an Agreement with Switzerland in the audiovisual field, establishing the terms and conditions for the ...
source COM(2007)477 EN
date 21-08-2007
Participation in the Community programme MEDIA 2007, as indicated in Article 8 of the Decision establishing the programme i, 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. i The agreement entered into force on 1 April 2006. i

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 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 responsibilities of the national structures in the implementation of the programme, and the activities related to the monitoring of their participation in the programme.

· 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.

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.

Contents

1.

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 i and 157 i, in conjunction with Article 300 i, first sentence, thereof,

Having regard to the proposal from the Commission,

Whereas:

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.

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.

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

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

This Agreement and the Final Act should be signed,

HAS DECIDED AS FOLLOWS:

2.

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.

3.

Article 2


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

4.

Article 3


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

5.

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.

6.

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,

7.

For the Council


The President