Switzerland
[CH] Order On MEDIA Compensatory Measures
IRIS 2014-8:1/12
Patrice Aubry
RTS Radio Télévision Suisse, Geneva
On 16 June 2014, the Federal Department of the Interior (DFI) adopted an order aimed at partially offsetting the negative effects of Switzerland’s non-participation in the MEDIA European programme for encouraging the audiovisual sector (Order on MEDIA compensatory measures). The Order, which came into effect retroactively on 1 January 2014, defines the objectives of the support granted by the Federal authorities, the instruments, and the criteria for allocating the compensatory measures. Although these are close to the European criteria, the new provisions will nevertheless not give Switzerland full access to the European market and to its network.
Switzerland joined the MEDIA programme in 2006. The aid allocated under the programme constituted an essential supplement for professionals in the Swiss audiovisual sector. Since 1 January 2014, the date on which the new ‘Creative Europe’ framework programme came into force, combining the Culture and MEDIA programmes, Switzerland’s participation in the MEDIA programme has been suspended.
The compensatory measures make it possible to obtain financial aid to develop projects for audiovisual works with potential for exploitation across Europe, the distribution of European films in Switzerland, easier market access for European film-makers and their works, continuous training programmes at the European and international levels, and film festivals presenting European films. Financial aid may only be granted, however, if the project concerned does not receive any other support from the MEDIA programme.
In 2014 the value of these measures amounts to about five million Swiss francs (4.12 million euros), corresponding to the amount earmarked for Switzerland’s participation in the MEDIA programme. Thus the MEDIA compensatory measures supplement the financial aid provided for in the schemes to encourage the cinema sector for the period from 2012 to 2015.
The Federal Office for Culture (OFC) is the authority responsible for implementing the measures. To do so, it will work in conjunction with MEDIA’s Switzerland Desk, to which applications for support must be sent for preliminary examination. European experts will examine the applications, which are to include details on project development. Management of the credits and formal decision-making will be the responsibility of the OFC.
The purpose of the Order is to set up an interim solution in order to ensure the continuation of the projects in hand and facilitate Switzerland’s participation in the ‘Creative Europe’ programme, if possible from 1 January 2015. To achieve this, discussions with the European Union’s Commission on Switzerland’s participation in ‘Creative Europe’ began in May 2014.
References
- Ordonnance du DFI sur les mesures compensatoires MEDIA, 16 juin 2014
- http://www.admin.ch/opc/fr/classified-compilation/20141045/201401010000/443.122.pdf
- DFI Order on MEDIA compensatory measures, 16 June 2014
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.