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EN
Official Journal of the European Union
29.3.2011
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2011 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 21 January 2011
on the updating of Article 1 of Annex I to the Agreement
(2011/193/EU)
THE JOINT COMMITTEE,
Union, as determined pursuant to Directive 2010/13/EU of
the European Parliament and of the Council of 10 March
Having regard to the Agreement between the European
2010 on the coordination of certain provisions laid down
Community and the Swiss Confederation in the audiovisual
by law, regulation or administrative action in Member States
field, establishing the terms and conditions for the participation
concerning the provision of audiovisual media services (*),
of the Swiss Confederation in the Community programme
(hereinafter referred to as the “Audiovisual Media Services
MEDIA 2007 (
Directive”), in accordance with the following procedures:

1 ), hereinafter referred to as ‘the Agreement’,
and the Final Act to the Agreement ( 2 ), both signed in
Brussels on 11 October 2007,
Switzerland shall maintain the right to:
Whereas:
(a) suspend retransmission of broadcasts from a television
(1) The
Agreement
entered
into
force
on
1
August
2010.
broadcasting organisation under the jurisdiction of a
Member State of the Union which has manifestly,
seriously and gravely infringed the rules on the protection
(2) Following
the
entry
into
force
on
19
December
2007
of
Council Directive 89/552/EEC (
of minors and human dignity set out in Article 27(1) or

3 ) as last amended by
Directive 2007/65/EC of the European Parliament and
(2) and/or Article 6 of the Audiovisual Media Services
of the Council
(
Directive;

4 ), as codified (Audiovisual Media
Services Directive), it appears appropriate to the
Contracting Parties to update the references to that
Directive accordingly, as provided in the Final Act to
(b) require broadcasters under its jurisdiction to comply with
the Agreement in the Joint Declaration by the
more detailed or stricter rules in the fields coordinated by
Contracting Parties on the adaptation of the Agreement
the Audiovisual Media Services Directive provided that
to the new Community Directive, and to update Article 1
such rules are proportionate and non-discriminatory.
of Annex I to the Agreement, pursuant to Article 8(7) of
the Agreement,
2. In
cases
where
Switzerland:
HAS DECIDED AS FOLLOWS:
(a) has exercised its freedom under paragraph 1(b) to adopt
Article 1
more detailed or stricter rules of general public interest;
and
Article 1 of Annex I to the Agreement shall be replaced by the
following:
(b) assesses that a broadcaster under the jurisdiction of a
‘Article 1
Member State of the Union provides a television
broadcast which is wholly or mostly directed towards
Freedom of broadcast reception and retransmission
its territory;
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
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
( 1 ) OJ L 303, 21.11.2007, p. 11.
Switzerland, the Member State having jurisdiction shall
( 2 ) OJ L 303, 21.11.2007, p. 20.
( 3 ) OJ L 298, 17.10.1989, p. 23.
request the broadcaster to comply with the rules of general
( 4 ) OJ L 332, 18.12.2007, p. 27.
public interest in question. The Member State

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EN
29.3.2011 Official
Journal
of
the
European
Union L
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having jurisdiction shall inform Switzerland of the results
(b) the Joint Committee has decided that the measures are
obtained following this request within 2 months. Either Swit
proportionate and non-discriminatory, and in particular
zerland or the Member State may ask the Commission to
that assessments made by Switzerland under paragraphs
invite the parties concerned to an ad-hoc meeting with the
2 and 3 are correctly founded.
Commission on the fringe of the Contact Committee to
examine the case.
___________
3. Where
Switzerland
assesses:
(*) 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 (OJ L 202, 30.7.1997, p. 60)
(a) that the results achieved through the application of
and as last amended by Directive 2007/65/EC of the
paragraph 2 are not satisfactory; and
European Parliament and of the Council of
11 December 2007 (OJ L 332, 18.12.2007, p. 27) and
(b) that the broadcaster in question has established itself in
as codified in Directive 2010/13/EU of the European
the Member State having jurisdiction in order to
Parliament and of the Council of 10 March 2010 on
circumvent the stricter rules, in the fields coordinated
the coordination of certain provisions laid down by law,
by the Audiovisual Media Services Directive, which
regulation or administrative action in Member States
would be applicable to it if it were established within
concerning the provision of audiovisual services (Audio
Switzerland;
visual Media Services Directive) in the version OJ L 95,
15.4.2010, p. 1).’
it may adopt appropriate measures against the broadcaster
concerned.
Article 2
Such measures shall be objectively necessary, applied in a
This Decision shall enter into force on the first day following its
non-discriminatory manner and be proportionate to the
adoption.
objectives which they pursue.
4. Switzerland
may
take
measures
pursuant
to
paragraph Done at Brussels, 21 January 2011.
l(a) or paragraph 3 of this Article only if the following
conditions are met:
For the Joint Committee
(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
The Head of the EU Delegation The Head of the Swiss Delegation
which it bases its assessment; and
Jean-Eric DE COCKBORNE
J.-F. JAUSLIN

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