Annexes to SEC(2010)904 - European Agenda for Culture - progress towards shared goals Accompanying document to the COMMISSION REPORT TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS ON THE IMPLEMENTATION OF THE EUROPEAN AGENDA FOR CULTURE - Main contents

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dossier	SEC(2010)904 - European Agenda for Culture - progress towards shared goals Accompanying document to the COMMISSION REPORT TO THE EUROPEAN ...
document	SEC(2010)904
date	July 19, 2010

agreements have been concluded with certain third countries, making things easier for persons travelling for cultural purposes (e.g. in obtaining a multiple-entry visa, a visa fee waiver or in facilitating the documentation to be presented as proof of the journey).

However, these arrangements do not affect national rules of the individual Member States on access to employment for artists.

2.13.5.Freedom of movement with a long- stay visa ³³

In accordance with the Schengen Convention (Article 21), third-country nationals who are holders of a residence permit issued by a Schengen State are entitled to travel for short stays to the other Schengen States.

The Regulation on freedom of movement with a long-stay visa was adopted in April 2010 by the European Parliament and the Council. It aims at facilitating circulation within the border-free Schengen area of third-country nationals legally residing in one of the Member States on the basis of a national long-stay ‘D’ visa issued by that Member State. This new development can support the mobility of artists and culture professionals residing in a Schengen Member State. The conditions of issuing a D visa remain subject to national legislation, but once a D visa has been issued it confers the following rights to the holders:

- All valid long-stay visas allow the holder to free circulation in the Schengen area for 90 days in a in a 180 days period, under the same conditions as holders of a residence permit. In accordance with the Regulation, this rule also applies to long-stay visas already issued before 5 April 2010, including still valid D+C visas;

- For D visas already issued, the six months reference period will start on 5 April 2010. In the case of D+C visas issued before 5 April, the period of stay should be calculated on the basis of actual stays in the other Member States before and after 5 April 2010;

- Member States are allowed to issue long-stay visas for a maximum period of validity of one year. Long-stay visas already issued before 5 April 2010 for a longer period of validity than one year should be converted into residence permits after one year calculated from 5 April 2010.

http://ec.europa.eu/justice_home

2.14.COMPETITION POLICY

Competition policy ensures that competition is not distorted as a result of anti-competitive agreements (Article 101 TFEU (Treaty on the Functioning of the European Union)), abuse of a dominant position (Article 102 TFEU), anti-competitive mergers or incompatible State aid. Competition policy is an important element in achieving and protecting cultural diversity. In particular, cartels and exclusionary practices may lead to reduced availability of cultural goods and services. Anti-competitive agreements and exploitative abuses may result in higher prices not only for consumers but also for producers and suppliers of cultural goods and services, such as writers, artists and film-makers.

When applying Article 101 TFEU the Commission must assess each case on its merits. In the cultural sector, this means that the Commission must take into account the specific characteristics of cultural goods and services at various stages of the assessment. First, the characteristics of the goods and services concerned will influence the definition of the relevant market. Second, within the assessment of whether an agreement restricts competition within the meaning of Article 101(1) TFEU, account will be taken of the actual conditions in which it functions, in particular the specific economic and legal context in which the undertakings operate, the products or services covered by the agreement and the actual structure of the market concerned. Third, under Article 101(3) TFEU, restrictive agreements may in certain cases be exempted, for instance if they improve the production or distribution of goods including cultural goods, if the consumers receive a fair share of the resulting benefit, if the restriction or conduct is indispensable and competition is not substantially eliminated. These conditions are cumulative, which means that the welfare of the consumer has systematically been taken into account. Within the framework of Article 102 TFEU, the characteristics of the market and the products and services concerned are relevant, e.g. when assessing whether conduct may be qualified as abusive or whether the alleged abuse can be objectively justified.

2.14.1.Antitrust policy and Merger control

An approach has been followed which, in the competition analysis, takes into account impacts on cultural diversity in the entire chain (production/distribution/consumption) leading to availability of a diversity of cultural goods and services.

- Antitrust policy

The Commission tackled the issue of collective management of authors’ rights in music works in the CISAC case. It applied the competition rules and issued on 16 July 2008 the antirust decision addressed to 24 EEA collecting societies which manage music rights on behalf of their authors (both composers and lyricists), all members of CISAC (International Confederation of Societies of Authors and Composers). The CISAC decision prohibits membership and exclusivity clauses in the reciprocal representation agreements between collecting societies for all modes of exploitation and ends a concerted practice concerning the territorial delineation of mandates to license established under these representation agreements for internet, cable retransmission and satellite exploitation. However, the decision does not call into question the network of reciprocal agreements as such. Also, it does not undermine cultural diversity as it does not affect authors’ revenues nor does it affect the ability of small collecting societies to license their local repertoire. The CISAC case is one example of how the possible impact of an antitrust decision on cultural diversity has been duly taken into account.

- Merger control

In Case No COMP/M.5272 - Sony / Sony BMG, a transaction cleared on 15 September 2008, the Commission analysed the vertical integration between the activities of Sony in consumer electronics (portable music devices, mobile phones), video games and cinema, and the activities of Sony BMG in music publishing and music recording. The Commission concluded that Sony would continue to have the incentive to sell its music to as many customers of portable music devices, mobile phones, video games and films as possible, and would therefore not restrict access to its music catalogue to competitors in these markets. In any event, Sony’s competitors for portable music devices, mobile phones, video games and movies would continue to have access to a sufficiently large portfolio of music rights from alternative suppliers. In addition, Sony would continue to have the incentive to purchase music for its portable music devices, mobile phones, video games and films from different sources. The Commission therefore concluded that the transaction did not have any negative impact on consumer choice and cultural diversity (explicit reference made in the decision).

- Other initiatives

The Commission has also pursued advocacy efforts to support industry solutions facilitating EU-wide licensing and transparency of rights ownership information through the ‘Roundtable on opportunities and barriers to online retailing in the European Single Market’. On 17 September 2008, former Commissioner for Competition, Neelie Kroes, held the first meeting of the Roundtable with consumer and industry representatives. The aim was to discuss the business opportunities created by the Internet and the existing barriers to increased online retailing of music and goods in Europe. Subsequent meetings of the Roundtable under the aegis of the Commissioner for Competition were held in December 2008, September 2009 and October 2009, focusing on online distribution of music only. The Roundtable initiative resulted in two joint statements: on online distribution of music and on rights ownership information. A number of Roundtable participants also announced concrete steps and commitments that should result in European consumers having better access to music online.

2.14.2.State aid

The objective of State aid control is to ensure that government interventions do not distort competition and intra-community trade in a form contrary to the common interest. The Treaty on the Functioning of the European Union (TFEU) establishes the general prohibition of State aid (Article 107 (1)). In some circumstances, however, government interventions constituting State aid contribute to objectives of Community interest and are necessary and proportionate for achieving those objectives. Therefore the TFEU accommodates a number of policy objectives for which State aid can be considered compatible.

Culture is one such objective and according to Article 107(3)(d) TFEU, introduced by the Maastricht Treaty, ‘aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Community to an extent that is contrary to the common interest, may be considered to be compatible with the common market’.

It should be pointed out that many initiatives in the cultural field do not fall under the State aid rules at all, for example because the beneficiaries are not undertakings or because the measures do not affect trade between Member States. Where measures constitute State aid under Article 107(1) TFEU, they can be authorised as compatible aid under the afore-mentioned Article 107(3)(d). Under that provision, the Commission has approved a wide range of measures, which have benefited such diverse areas as museums and cultural centres, national heritage (also in the form of immaterial heritage), theatre and music productions, printed cultural media, and last but not least the cinematographic and audiovisual sector (this last one being subject to a specific communication based on the cultural derogation).

The Commission has been making sure over recent years that cases with a cultural aim^³⁴ are systematically treated in terms of the cultural derogation. Article 167 TFEU and the UNESCO Convention on Protection and Promotion of the Diversity of Cultural Expressions have provided strong support in this context.

2.15.TAXATION AND CUSTOMS

2.15.1.Taxation

- Rules on the place of supply

The rules on the place of supply were changed by a Council Directive in February 2008^³⁵. These changes will impact on the rules governing the place of supply of services relating to cultural, artistic, sporting, scientific, educational, entertainment or similar activities, including services of the organisers of such activities.

Until 31 December 2010, these services continue to be taxed at the place where the activities are physically carried out^³⁶. Regarding similar activities, it is clarified that this includes activities such as fairs and exhibitions. It is a rule which applies regardless of whether the supply is made to taxable persons or non-taxable persons.

As from 1 January 2011, this rule will no longer apply for supplies made to taxable persons (or non-taxable legal persons identified for VAT purposes, who are assimilated to taxable persons by Article 43)^³⁷³⁸. It will only be applicable if these services are supplied directly to non-taxable persons. In the case of supply to taxable persons, a new rule, more limited in scope, is introduced for services in respect of admission to cultural, artistic, sporting, scientific, educational, entertainment or similar events (such as fairs and exhibitions) and related ancillary services. If the service is not only the admission to an event, it will fall under the general rule, which provides that the service supplied to taxable persons or non-taxable legal persons identified for VAT purposes is taxable at the place where the customer is established^³⁹. If the supplier of the service is not established in the Member State where the customer is established, the customer himself will be the person liable to pay the VAT due in his Member State^⁴⁰. This will represent a genuine simplification for artists providing cultural services to organisers of spectacles in Member States where they are not established.

- VAT rates

The VAT rates on cultural services are very different from Member State to Member State because, first, the 2006 VAT Directive^⁴¹ only fixes minimum levels (15 % for the standard rate and 5 % for reduced rates) and, second, the application of a reduced rate is optional for the Member States. Under the EU VAT rules currently in force, as a general rule Member States may have a maximum of two reduced rates set no lower than 5 %, which they may apply at their discretion to goods and services listed in Annex III (list of supplies of goods and services which may be subject to reduced rates) to the VAT Directive.

The cultural goods and services included in Annex III are: books on all physical means of support, newspapers and periodicals, other than material wholly or predominantly devoted to advertising; admission to shows, theatres, circuses, fairs, amusement parks, concerts, museums, zoos, cinemas, exhibitions and similar cultural events and facilities; reception of radio and television broadcasting services; supply of services by writers, composers and performing artists, or of the royalties due to them.

In 2007, the Commission adopted a Communication^⁴² in which it suggested a political debate, in the Council, the European Parliament and with other stakeholders on the way forward in the field of reduced rates.

In 2008, the Commission launched a public consultation^⁴³ on its website, with a view to gathering stakeholders’ views on the review of the existing legislation on reduced VAT rates in the context of both a first proposal for amending the VAT Directive and a planned more global review of the scope and structure of reduced VAT rates at a later stage.

Also in 2008, the Commission presented a proposal^⁴⁴ which was intended to be the first step in the process of revising the EU legislation concerning reduced VAT rates. A more in-depth review of the whole structure of VAT reduced rates was to follow, taking account of the outcome of the general debate on the way forward and the usefulness and cost-effectiveness of reduced VAT rates.

After long and thorough discussions, the debate in the Council on the overall system of reduced VAT rates was concluded by the unanimous political agreement of 10 March 2009^⁴⁵. This political agreement was the result of difficult negotiations and respects a fragile equilibrium of Member States’ interests in the politically sensitive area of reduced VAT rates. It led to the adoption in 2009 of the Council Directive^⁴⁶ on reduced rates of VAT. Concerning the cultural sector, this Directive clarified and updated to technical progress the reference to books in category 6 of Annex III, which previously only referred to printed books, by specifying ‘books, on all physical means of support’. The result is that under the EU VAT Directive supplies of books on all physical means of support are eligible for a reduced VAT rate as of 1 June 2009.

2.15.2.Customs

The European Commission (Director General TAXUD) manages legislation^⁴⁷ that provides for control over the export of cultural goods such as paintings, sculptures and photographs from the EU, thereby contributing to protecting the cultural diversity and identity of the Member States.

2.16.INTERNAL MARKET

As for other Community fields of action, regulated single market approaches exist for cultural goods and services. For instance, Community law includes major measures for harmonising intellectual property rights in order to provide equivalent levels of protection for rights holders in the various Member States, eliminate barriers to trade and adapt the European legal framework to the new forms of use made possible by information and communication technologies.

The Commission Communication on Copyright in the Knowledge Economy^⁴⁸ summarises a large-scale consultation process that was launched by the Green Paper on Copyright in the Knowledge Economy of 16 July 2008. The Communication is part of the Digital Agenda launched by Commission President Barroso and announces an ambitious programme to deal with the emergence of European Digital Libraries and the need to further integrate people with visual impairments into the knowledge economy. One major task entails creating a coherent framework for copyright in the digital era that (1) facilitates the online access to all print material contained in library and archives collections for the public at large, including the visually impaired; (2) protects of the rights of right holders and (3) allows the preservation of Europe's cultural heritage.

As a first follow-up measure envisaged by the Communication, the Commission is working on an ‘orphan works’ initiative. The complexity of copyright assignment and the often unsatisfactory maintenance of records on copyright ownership has resulted in a situation where much of European library stock is made up of ‘orphan works’. These are works whose owner can either not be identified or cannot be traced. To prevent the complexity of copyright rules from constituting an obstacle to the online display of such works across Europe, the Commission is considering a legislative solution that would facilitate the digitisation and Europe-wide online access of orphan works.

An additional plank of the Commission’s effort to promote social and societal inclusion is the copyright policy in relation to the special needs of the visually impaired or people suffering from other disabilities which prevent their full enjoyment of literary and artistic works. In many respects, online libraries that make books readily available deny people suffering from a variety of disabilities new opportunities to gain access to culture. In order to enhance the availability of products and services conceived for the visually impaired and reading disabled, the Commission has launched a stakeholder dialogue aiming to produce a Memorandum of Understanding which will set out ways and means of making an increased number of books available to disabled persons in a format suitable for their specific needs. Special emphasis is laid on the fact that such books should be legally supplied to any user, irrespective of the Member State of the European Union where they reside. There should be no territorial restrictions preventing users in certain Member States from having access to products and services for the visually impaired and reading disabled that were lawfully produced in a Member State of the European Union. In the Commission’s view, the free movement of such special products and services constitutes an efficient tool to battle the ‘book famine’ -— the fact that only 5 % of all books published are also produced in formats that the visually impaired and reading disabled can use.

The Commission’s drive to better integrate the visually impaired and reading disabled complements work carried out at the World Intellectual Property Organisation (WIPO) where delegations are currently debating a Treaty proposal to enhance the free movement of products conceived for the special needs of the blind and visually impaired.

In light of the overall aim of copyright policy, to foster legal online services which are available to all consumers across the entire European Union, the Commission, on 22 October 2009, published a reflection paper entitled ‘Creative Content in a European Digital Single Market: Challenges for the Future’. Adapting Europe’s regulatory framework so that more protected works (music, books, films) and sound recordings are sold legally online is the biggest priority in this area. With the increase in legal services, payment flows to the owners of copyright will increase as well. Accordingly, some streamlining of the way in which copyright is managed in the online space might become necessary. As announced in the Digital Agenda, the Commission will present a Green Paper addressing the opportunities and challenges of online distribution of audiovisual works and other creative content by 2010.

Finally, the Commission has adopted a proposal^⁴⁹ for extending the term of protection for performers and sound recordings. The aim of the proposal is to extend the term of protection beyond the current 50 years after publication in order to cover a performer’s entire lifetime. This is why the conciliation between the European Parliament, the Council and the Commission in the end agreed to a term of 70 years after publication of a sound recording. At present, performers often face reduced earnings later in life at a time when they are more vulnerable and not able to continue creating. The proposal enjoyed significant support from the European Parliament as shown by the overwhelming vote in favour at the plenary meeting in April 2009. The proposal is still being considered by EU Member States.

In all of the above fields, the Commission will take account of the need to promote cultural diversity through the implementation of potential new initiatives.

2.17.AGRICULTURE AND SUSTAINABLE RURAL DEVELOPMENT

The contribution to culture is to be found mainly in the second pillar of the Common Agricultural Policy, i.e. the rural development policy.

For the programming period 2007-2013, the contribution to culture comes under priority 2 (improving the environment and the countryside) which, under the agri-environment measure, supports the preservation by farmers of traditional farmed landscapes (e.g. cultural landscapes such as terracing, low dry-stone walls and hedgerows).

Culture is also supported under the third priority (quality of life in rural areas and diversification of the rural economy), which includes in particular measures to improve the quality of life in rural areas by making them more attractive (attracting new businesses and stabilising the population): on the one hand, the ‘Conservation and upgrading of rural heritage’ measure provides financing for studies and investments linked to the maintenance, restoration and upgrading of cultural heritage and, on the other hand, the ‘Basic services for the economy and rural population’ measure offers financing for the establishment of cultural services in rural areas.

Lastly, priority 4 of the Leader approach should likewise allow for the development of territorial cultural activities including local cultural strategies, particularly those linked to territorial identity, which often forms the basis for development that draws on local human resources (endogenous development).

In 2008, 424 actions linked to cultural heritage were approved for a total budget of EUR 7.9 million from the European Agricultural Fund for Rural Development (EAFRD).

http://ec.europa.eu/agriculture

2.18.MARITIME POLICY

The Integrated Maritime Policy (IMP) Blue Paper Action Plan of 2007 contains a chapter entitled ‘Raising the visibility of maritime Europe’.

Although no specific action on maritime heritage was envisaged in the Action Plan, the Blue Paper clearly stated that: ‘[The Integrated Maritime Policy] should also promote Europe’s maritime heritage, supporting maritime communities, including port-cities and traditional fisheries communities, their artefacts and traditional skills, and promoting links between them that enhance their knowledge and visibility.’

The European Maritime Day (EMD) is one of the actions in which the topic of maritime heritage has been explored further.

During EMD 2009 in Rome a workshop on maritime heritage was held. The objectives of this workshop were:

- Linking the maritime heritage dimension of Europe to tourism-related initiatives;

- Showing examples of the EU Prize for Cultural Heritage;

- Exploring Europe’s maritime industrial heritage;

- Sharing best practice from EU regional projects;

- Establishing maritime cultural heritage in postgraduate education.

The workshop was considered very useful by participants as a first step in establishing a Europe-wide exchange on maritime heritage issues and developing operational conclusions.

There will be two maritime heritage workshops during the EMD 2010 in Gijon. One will deal with the common European maritime heritage as a challenge for communication and will try to develop some recommendations for the European Commission on how maritime heritage can be dealt with from the European point of view, including how it can be made part of the EU’s Integrated Maritime Policy.

Activities and projects aiming at preserving and promoting European heritage in different areas (culture, research, regional policy, etc.) include maritime heritage.

http://ec.europa.eu/maritimeaffairs

2.19.ENVIRONMENT POLICY

Our societies, cultural diversity and economies are reflected in our landscapes, agriculture and natural spaces. The Natura 2000 (N2K) network covers some 18 % of the territory of the EU encompassing the most important natural and scenic areas and providing a long-term guarantee for the protection of our valued and threatened wildlife. Many of these areas have a significant cultural dimension and their protection and use as a resource for tourism and recreation is an essential element of European lifestyle. Furthermore, in a continent where little of our landscape is genuinely wilderness, many protected habitats and landscapes of the N2K network are the product of traditional agricultural and land management practices – grazing, hay making, etc. – which are an integral part of rural cultural traditions. The continuation of these management practices is vital to the long-term conservation of these sites.

Starting in 2010, one European city is to be selected each year as the European Green Capital (EGC). Stockholm was the first city to win this title. Cities designated as European Green Capitals which perform well in terms of the nature and biodiversity indicator may contribute indirectly to improving the knowledge and dissemination of their cultural heritage across Europe. The EGC evaluation criteria for choosing the cities focus on typical environmental indicator areas, but cities are also given the chance to show what their cultural heritage means to them and how it ties in with a sustainable living and development environment. For example, restoration and adaptation of existing buildings and urban landscapes is in the long run much more environmentally friendly than demolition and starting anew.

http://ec.europa.eu/environment

2.20.CONSUMER POLICY

Cultural markets are included in EU Consumer Policy through the Consumer Markets Scoreboard. This tool aims to develop indicators showing where consumer markets may be failing to deliver the economic and social outcomes expected by consumers, to track progress in the integration of the EU retail market and to monitor national consumer environments. The Scoreboard is an essential component of the market monitoring approach developed by the Commission. Indicators should show where markets are failing to maximise economic outcomes for consumers and also where they are failing to deliver the key social outcomes.

The Scoreboard is derived from surveys on 50 market areas. Two markets are directly related to culture, i.e. books, magazines, newspapers and stationery, and cultural and entertainment services. The Commission is currently screening answers to five questions asked in the 27 Member States (plus Norway). The questions refer to comparability of different goods or services available on the market; trust in the providers on this market; whether consumers have experienced a problem on this market; whether they complained about the problem and to whom; to what extent were their expectations met.

Based on the survey, a composite indicator will be defined for each market, showing the perceived consumer conditions.

http://ec.europa.eu/consumers
3.CULTURE IN EXTERNAL RELATIONS AND DEVELOPMENT POLICIES AND PROGRAMMES

Since the adoption of the European Agenda for Culture in 2007, a new strategic framework for culture in the EU’s external relations is emerging: culture is increasingly perceived as a strategic factor of political, social and economic development and not in terms of isolated cultural events or showcasing. New policy developments and funding opportunities are part of a dynamic process that has reinforced considerably the role of culture in the EU’s relations with the rest of the world.

This novel approach, strengthened by the ratification by the EU and most Member States of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, provides for a more in-depth understanding of Europe’s cultures throughout the world, as well as for greater cultural cooperation between our continent and the rest of the world. To achieve this dual aim, it is crucial to foster intercultural dialogue and strengthen cultural exchanges with partner countries and regional organisations that share commonly accepted principles of cultural governance at international level.

In the context of cultural cooperation with third countries, it is also important to promote the cultural diversity of EU partners and the development of national cultural policies, to make access to culture easier for local populations and to build structural capacities in order to foster cultural and creative industries, which can have a direct impact on socio-economic development.

The positive results achieved in 2007 and 2008 in the field of culture and external relations were taken forward by the Council Conclusions on the promotion of cultural diversity and intercultural dialogue in the external relations of the Union and its Member States adopted in November 2008^⁵⁰. The Conclusions outline a strategic approach for culture and intercultural dialogue in the context of external relations and set out a number of fundamental principles regarding the role of cultural cooperation and intercultural dialogue in fostering reconciliation, democratisation and economic development. Overall, the Conclusions represent an important step forward providing the European Commission and EU Member States with a general framework for implementing the third objective of the European Agenda for Culture.

Culture is recognised as an important element of the European Union’s cooperation programmes and instruments, and in its bilateral agreements with third countries. A wide variety of cultural projects and programmes have been implemented for many years as part of EU technical and financial assistance. The Commission runs funds and actions to support the emergence and strengthening of cultural industries, in particular the cinema and audiovisual sector in partner countries, as well as to promote local access to culture and cultural diversity in third countries. The EU has increasingly focused on promoting support for protection and promotion of cultural rights, the rights of indigenous people, etc.

Certain programmes such as Culture 2007 and the Media International preparatory action under the MEDIA 2007 programme (to become Media Mundus from 2011) offer opportunities for boosting cultural cooperation^⁵¹. The European Commission also develops cooperation with UNESCO, the Council of Europe and other multilateral institutions which are active in the field of culture, development and external relations.

Moreover, the European Commission Delegations have been involved in the EU’s cultural activities in third countries, including film festivals, concerts, open doors events, drawing competitions, etc. Following the entry into force of the Lisbon Treaty, the Delegations abroad are responsible for coordinating and hosting meetings of the EU Member States’ Cultural Counsellors. They cooperate closely also with Member States’ cultural centres through the EUNIC network (European Union National Institutes for Culture).

3.1.CULTURE AND DEVELOPMENT COOPERATION

In the field of development cooperation, the EU’s policy approach gives culture an important role to play by:

- systematically integrating cultural aspects into all its policies, projects and programmes,

- funding the preservation of cultural heritage and the emergence of viable cultural industries,

- covering living culture and cultural heritage – both important for growth, jobs and cultural identity, and

- encouraging its partners to include culture in their own poverty reduction strategies and national development plans.

Regarding financial support, the European Commission has established multiannual thematic programmes financed under the Development Cooperation Instrument (DCI, financial perspectives 2007-2013) for its activities in developing countries and regions, on the one hand, and at international level, on the other hand. The thematic programmes ‘Investing in People’ and ‘Non-state Actors and Local Authorities in Development’ are available to complement geographical programmes.

Investing in People supports projects in the area of human and social development for all partner countries. Thematic programmes are designed to complement geographical programmes that are the main focus of EC cooperation with third countries by bringing specific added value in a particular area of activity. Investing in People covers several domains, among them culture, which benefits from a fund allocation of EUR 50 million for the period 2007-2013. Through this programme, the Commission is also promoting culture in new regions – outside the African, Caribbean and Pacific (ACP) countries and the southern Mediterranean, where it has long been active.

The programme promotes culture as part of its approach to development and reducing poverty, with the general aim of improving human and social development levels in partner countries and thus contributing to the Millennium Development Goals. It promotes intercultural dialogue, cultural diversity and respect for the equal dignity of all cultures and supports the cultural sector as a promising economic sector for development and growth.

The objectives of the programme have been taken into account in two calls for proposals under the 2007, 2008 and 2009 Annual Action Programmes, revolving around the general theme ‘Access to local culture, protection and promotion of cultural diversity’.

The first call for proposals, published in December 2007, aimed to strengthen the capacities of cultural actors by encouraging networking and coordination, as well as to stimulate regional cooperation. It sought projects promoting access to culture, dissemination of culture and intercultural dialogue. Strengthening of local culture, access to and dissemination of culture continued to be supported in the second call for proposals, combining the budget allocations for 2008 and 2009. A particular focus was put on the promotion of cultural expressions contributing to the fight against all forms of discrimination. In all, 32 projects have been funded to the tune of EUR 17.8 million.

In 2010 the programme focus will shift to governance of the cultural sector, so as to support the implementation of effective cultural policies and the development of an enabling institutional, regulatory, economic and professional environment, essential to foster access to culture and creation, promote cultural diversity and support the sustainable development of the cultural sectors. This approach will entail two complementary actions:

- Firstly, the programme will support the structuring and strengthening of the cultural sector through capacity-building for the benefit of cultural actors including public and private entities and civil society organisations, so as to enhance their own governance and their role in national governance of the cultural sector. The call for proposals will promote cooperation and exchange of experiences between different countries and regions in this regard.

- Secondly, the programme seeks to support developing countries in their efforts to improve governance of the cultural sector through an expert facility to be managed by UNESCO. The expert facility will provide demand-driven technical assistance to ministries and public institutions with responsibilities in the cultural sector or influencing sector governance, as well as to local authorities, for the development of cultural policies and public initiatives enhancing the role of culture as a vector of sustainable human and social development.

Developing countries lack an operational institutional framework that would facilitate and respect the commercial exploitation of the country’s cultural heritage. Moreover, there are not enough properly functioning collective management societies, which means that local artists and authors cannot effectively collect remuneration that would allow them to live from their work. This causes a significant talent drain. Therefore, it is crucial to focus on a legal, institutional and educational framework for intellectual property rights (IPR) that both local and EU creative companies and individuals will benefit from, as well as IPR awareness-raising.

3.2.CULTURE AND TRADE POLICY

The EU has used its commercial policy to increase opportunities for cultural industries and professionals from Europe and abroad and thus meet targets for promoting cultural diversity. Multilateral and bilateral trade negotiations can offer enhanced economic opportunities for cultural practitioners in spheres as varied as performing arts, theatre, circus, publishing and design, to name only a few, but may also give them a chance to travel and benefit from new experiences and ideas. EU trade agreements are also used to promote intellectual property protection standards and ensure that the rights of artists and performers get the protection they deserve.

A key objective of the 2005 UNESCO Convention is to ensure broader and more balanced cultural exchanges. Indeed one of the fundamental challenges today is to facilitate cultural exchange while promoting cultural diversity and in particular preserving the ability of partners to develop and implement cultural policies. This applies especially to developing countries whose cultural practitioners often need support to ensure the creation or consolidation of sustainable national cultural industries and models.

As part of the implementation of the Convention by the EU, a Protocol on Cultural Cooperation was concluded with the Cariforum countries^⁵² in 2008. This Protocol aims at implementing in particular Article 16 of the Convention regarding preferential treatment for developing countries’ cultural goods, services and cultural practitioners, outside of the provisions on trade liberalisation of the general trade agreement which they are party to. It is an innovative framework for cooperation allowing easier cultural exchanges between the EU and the Caribbean countries while consolidating public policies in favour of cultural diversity.

In the negotiations with Andean countries (Peru and Colombia, with the possibility of Bolivia and Ecuador joining at a later stage) and Central America (Panama, Nicaragua, El Salvador, Costa-Rica, Honduras and Guatemala), different solutions from the ones established with CARIFORUM are being prioritised in the final phase of the negotiations in the light of the modalities of cooperation agreed with these partners:

- For Andean countries, the negotiation of an Agreement on Cultural Cooperation, independent from the multiparty trade agreement between the EU and the Andeans, was provisionally finalised in February 2010;

- For Central America, a Protocol of Cultural Cooperation connected to the culture and audiovisual cooperation provisions of the EU-Central America Association Agreement was provisionally finalised for the EU-Latin America Summit in May 2010.

In both instances, the Agreement /Protocol will enter into force upon ratification of the UNESCO Convention by the partners.

Furthermore, the possibility of negotiating a Protocol on Cultural Cooperation with developed and emerging countries is also under consideration on a case-by-case basis, as a means to implement the Convention, based on its Articles 12 and 20.

In this context and following more than two years of negotiations, the EU and South Korea initialled in October 2009 a Protocol on Cultural Cooperation together with the bilateral Free Trade Agreement which is the first such agreement negotiated by the EU with an Asian partner. This Protocol sets a framework for engaging in policy dialogue on culture and audiovisual issues and cooperating in facilitating exchanges regarding cultural activities, including the audiovisual sector. It is based on strict reciprocity and balance — compared to the Protocol with Cariforum countries, which is asymmetrical in nature. The Protocol illustrates the EU’s commitment to actively promoting and implementing the 2005 UNESCO Convention on the protection and promotion of the diversity of cultural expressions. Its entry into force is conditional upon South Korea’s ratification of the Convention — which took place in April 2010.

These Protocols fit into a general strategy of cooperation and dialogue as they are intended to achieve non-trade objectives (such as the UNESCO Convention expansion and implementation), while they are also a tool to address, where needed, issues arising from modalities of cooperation which may have an interaction with the trade environment.

Another area where trade policy takes cultural considerations into account is intellectual property (IP) rights. In this regard, EU policy is geared to reinforcing cooperation with third countries, for example in the context of Free Trade Agreements or by promoting a framework to improve enforcement in relation to large-scale infringements of IP rights such as the Anti-Counterfeiting Trade Agreement being negotiated with a number of international partners.

3.3.CANDIDATE AND POTENTIAL CANDIDATE COUNTRIES

The specific policy and financial instruments dedicated to culture have been even more tangible since 2007 in the candidate countries (Turkey, Croatia, the former Yugoslav Republic of Macedonia) and potential candidate countries (Albania, Bosnia and Herzegovina, Montenegro, Serbia, Kosovo^⁵³ and Iceland). This complements the participation of the same countries (not all of them at this stage) in the Culture Programme^⁵⁴ and, where relevant, the negotiations on Chapter 26 of the acquis communautaire concerning education and culture.

In the enlargement context, the bilateral and regional cultural cooperation activities are recognised as making a fundamental contribution to the promotion of European values and intercultural dialogue. This is of particular relevance in the Western Balkans, where in addition to fostering democratisation, reconciliation and respect for human rights, culture contributes to the development of the local economy.

Significantly, three Commission Communications have supported new actions in the cultural field in the enlargement countries since 2007:

- ‘Western Balkans: Enhancing the European perspective’ of March 2008 established the Civil Society Facility, covering a number of sectors, including culture;

- The Enlargement Strategy 2008-2009 specifies that under IPA 2009 ‘support schemes to civil society partnerships will give priority to sectors such as culture, minorities and business associations’. The relevant call for proposals was published early in 2010;

- The Enlargement Strategy Paper 2009-2010 emphasises that ‘the Commission, in the context of the Ljubljana Process, supports the rehabilitation of cultural heritage as an important means for reconciliation also contributing to the development of local economy.’

As a consequence, substantial financial and human resources are allocated for cultural purposes.

Following the launching of the Union for the Mediterranean in July 2008, the Euro Mediterranean Partnership has been extended with some new partner countries from the Western Balkans, which will therefore take part in the work on the new Euromed Strategy on Culture to be adopted before the end of 2010^⁵⁵ .

In order to ensure full coherence of the EU’s policies on the ground, Commission services work closely with EU Special Representatives (EUSR) whenever relevant. The most striking example is Kosovo where the EC and EUSR launched a Technical Forum on Cultural Heritage convening on a bi-monthly basis for the sake of transparency among and coordination of local and international stakeholders.

The Commission meets with key international interlocutors in the field of culture, namely the Council of Europe and UNESCO, at headquarters and at field level with a view to enhancing coordination and cooperation.

The website www.southeasteurope.com, dedicated to the promotion of Southeast European culture(s) and artists, has been funded and created by the Commission.

EU financial assistance in the cultural sector focuses on infrastructures, events and administrative capacities.

For the first time, as part of the preparatory actions for the multi-beneficiary IPA 2011-13 programming, a working group with the main stakeholders dealing with Culture and History in the Western Balkans was set up to identify key strategic sectors in the fields of culture, heritage and history. The priorities identified will be incorporated into the 2010 Multiannual Indicative Programme (MIPD). NGOs are participating in identifying priorities as well as in the programming process.

In the heritage sector, the Commission provides funding and cooperates with the Council of Europe and local ministries to implement the ‘Ljubljana Process for Funding Cultural Heritage in Southeast Europe’ (the new phase of the Integrated Rehabilitation Project Plan/Survey of the Architectural and Archaeological Heritage IRPP/SAAH, initiated in 2003). This is a joint initiative of the European Commission and the Council of Europe, which is part of a regional long-term effort designed to move forward the enlargement process in the Balkan countries, encouraging cooperation with European institutions and the adoption of European standards. The aim of the initiative is to build bridges between peoples, thereby fostering reconciliation, cultural diversity and intercultural dialogue.

Following the launch of the final phase of the IRPP/SAAH, Slovenia organised the ‘Ljubljana Conference – Rehabilitating our Common Heritage’, which took place on 6 and 7 November 2009 in Ljubljana in the context of the Slovenian Chairmanship of the Committee of Ministers of the Council of Europe, celebrating the achievements of the IRPP/SAAH. Ministers of the Western Balkan countries signed a declaration to continue their commitment in the region after 2010.

Talks are now progressing with the Regional Cooperation Council (RCC - successor of the Stability Pact) to develop a joint EC/RCC/CoE project to start a new phase of the Ljubljana Process at the end of 2010, in particular to increase local ownership of this project. At the request of the European Parliament, extra funds (EUR 6 million) were allocated to the Commission in 2008 and 2009 for a pilot project for preserving and restoring cultural heritage in post-conflict areas. Projects will be implemented in Bosnia-and-Herzegovina, Croatia, Kosovo, Serbia and Montenegro.

Under the Civil Society Facility, a call for proposals launched in early 2010 focuses exclusively on partnerships between cultural organisations. The funding amounts to EUR 2.5 million. The specific objectives of the call are to encourage the development of sustainable partnerships and networks among cultural organisations in order to increase involvement and ownership among civil society organisations, as well as citizens in the cultural field.

The Commission-funded Technical Assistance and Information Exchange Instrument (TAIEX) has recently been used for cultural purposes, more precisely to help Albania and Kosovo respectively to improve fund-raising and cooperate with external donors, and to restructure central and decentralised cultural administrations. TAIEX is also implementing the Civil Society Facility’s People 2 People Programme (P2P) that supports visits to EU institutions and bodies to exchange experience, know-how and good practices between beneficiaries, EU and Member States’ Civil Society Organisations (CSOs). In this context, some visits have focused on cultural diversity and intercultural dialogue.

At country level the EU has in particular funded heritage-related actions and dedicated some funds to cultural events (jazz and film festivals, ‘Les Rencontres du Livre de Sarajevo’).

As regards audiovisual and media policies, one of the main priorities of the European Union is to promote alignment with European standards on media regulation in supporting the convergence of the Western Balkan countries and Turkey with the European Union. The European Commission therefore invited media stakeholders from the Western Balkan countries and Turkey to a seminar on the audiovisual media services directive and the digitalisation of television, which took place in Istanbul on 1 and 2 December 2008. This followed on from an earlier initiative to support broadcasting policy reform in the Western Balkans.

- Albania

There are two interlinked projects concerning one of the 26 consolidated projects of the Ljubljana Process, i.e. the Bazaar of Korca, in south-east Albania.

- Under CARDS 2006 the project for ‘Sustainable and integrated development of cultural and historical heritage Albania’ is preparing the designs and tender documents for the restoration of historical sites identified in Tirana, Kruja, Himara, Korca, Elbasan and Shkodra, and is financing works on three sites until 2011.

- Under IPA 2009 there is a EUR 5 million project that aims at providing ‘Support to sustainable and integrated development of cultural and historical heritage — phase II’, entailing physical restoration of urban areas in and around selected historical heritage sites based on the economic and development plans concerning the following sites: Korca Bazaar, Via Egnatia in Elbasan, street next to the Cathedral in Shkodra and streets around the castle in Berat.

- Bosnia and Herzegovina

Under IPA 2009 the sum of EUR 4 million is earmarked for restoration and rehabilitation of the Sarajevo Town Hall destroyed during the war in 1992. This is one of the projects identified and consolidated in the framework of the Ljubljana Process. Under IPA 2010 an additional EUR 5 million is being discussed to ensure the completion of the reconstruction of this site.

- Croatia

Under IPA 2009 a project (EUR 1.8 million) related to cultural heritage aims at rehabilitating the Maskovica Han in the Ljubljana Process framework. There are also a number of small-scale projects financed under Cross-border Programmes (IPA Component II) mostly related to cultural tourism and preservation of cultural heritage. Under the EIDHR, Croatian CSOs benefit from funds mainly for intercultural activities fostering reconciliation.

- The former Yugoslav Republic of Macedonia

Supporting the implementation of the Ljubljana Process, a cultural heritage project has been programmed under IPA 2009 (EUR 1.2 million) for conservation and revitalisation of the cultural and tourist site St. George – Staro Nagorichane.

- Kosovo^⁵⁶

From CARDS 2001 until IPA 2009 around EUR 10 million have been implemented for cultural heritage projects in Kosovo, like restoration of medieval orthodox churches, but also for capacity-building and training of civil servants at central and decentralised levels in the administration dealing with culture. Logistical support has been provided for organisation of the technical forum on heritage in Kosovo. Moreover, in accordance with the Commission Communication on ‘Enhancing the European Perspective of Kosovo’, endorsed by the EU Council in December 2010, the Kosovo-tailored scholarship scheme called Young Cell Scheme (YCS) has opened its eligibility criteria to postgraduate students from the cultural sector.

- Serbia

In the framework of the Ljubljana Process, an EU-funded project will aim at rehabilitating the coal mine of Senj: Senjski Rudnik. The old industrial centre will be transformed into a regional heritage centre and contribute to sustainable tourism and development. Senjski Rudnik is the birthplace of the industrialisation of Serbia, established in 1853. The project amount is EUR 1.5 million. Also, under CARDS 2006, the Commission supported the restoration and conservation of, and access to, the Yugoslav Film Archive collection. The budget for the project amounts to EUR 2 million. The Archive is considered to be one of the five most important in Europe and one of the 10 largest in the world, with a collection containing over 95 000 copies of national and international films.

- Turkey

Culture is considered an important vector for the development of civil society in Turkey. Therefore, while actively promoting civil society dialogue between the EU and Turkey, the EU-funded programmes ‘Culture in Action’ and ‘Cultural Bridges’ allow cultural actors to receive grants to develop projects in the culture and arts areas. Between 2006 and 2009, the Culture in Action programme funded 15 joint EU-Turkey projects contributing to heightened public interest in different aspects of European art and culture (EUR 1.5 million). The Cultural Bridges programme targets mainly the cultural institutes of EU Member States and their Turkish and European partners (EUR 6 million). It provides direct grants to engage in multi-partner cultural activities with the aim of establishing a permanent dialogue and partnerships between cultural actors from Turkey and the EU.

Furthermore, EUR 1.5 million has been allocated to support Istanbul as the 2010 European Capital of Culture.

- Iceland

Given the recent inclusion of Iceland among the Enlargement countries, there is no EU assistance implemented in this country. Iceland is an EEA signatory and has therefore already been participating in the Culture Programme for many years. If shared, its successful experience in this field could help the other Enlargement countries.

3.4.EUROPEAN NEIGHBOURHOOD

Cultural cooperation plays an important role in the European Neighbourhood Policy (ENP), both in the Eastern Partnership and in the Mediterranean region. Cultural cooperation, including cross-border cooperation, is financed through the European Neighbourhood Partnership Instrument (ENPI), covering neighbourhood countries (Eastern Europe, South Caucasus and the Mediterranean partners) and Russia. The central elements of the ENP are the bilateral Action Plans agreed between the EU and each partner. These set out an agenda of political and economic reforms, also including cultural provisions, with short and medium-term priorities.

Furthermore, new forms of technical assistance have been extended to ENP partners (previously available only for new Member States, candidate and potential candidate countries). In this context, opportunities under TAIEX (Technical Assistance and Information Exchange) and the Twinning Programme — offering a framework for administrations and semi-public organisations in the beneficiary countries to work with their counterparts in Member States — can be exploited in the field of culture.

As a way of opening up funding opportunities for ENP countries under the Culture Programme (candidate and potential candidate countries can participate on an equal footing with Member States), in 2009 and 2010 the Special Action is dedicated to ENP countries (with political conditionality linked to ratification of the UNESCO Convention on Cultural Diversity and the signing of Association or Partnership and Cooperation Agreements with the EU).

A new follow-up initiative — covering the whole ENP region and allowing for regional and inter-regional cultural cooperation — should be launched from 2011 onwards.

3.4.1.Euromed countries: Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Occupied Palestinian Territory, Syria and Tunisia

Since 1995, the Barcelona process has become the regional framework for dialogue between members of the Euro-Mediterranean Partnership. Dialogue between cultures was recognised right from the outset as a major component of the process and as a new development in relations between the EU and Mediterranean partners. The social, cultural and human chapter of the Barcelona process aims to bring people on both sides of the Mediterranean together, to promote their mutual knowledge and understanding and to improve their perception of each other.

Particular attention is paid to intercultural and inter-religious dialogue and to the fundamental contribution that civil society organisations can make towards bringing people together. These goals have been the target of a wide variety of regional programmes and projects in the field of culture, notably actions to preserve and promote tangible and non-tangible cultural heritage. The Euromed Heritage Programme was the first regional MEDA programme focusing on cultural heritage. It was launched in 1998 and is continuing in four phases until 2012 for a total amount of almost EUR 75 million, involving 48 projects and with approximately 400 partners from EU Member States and South Mediterranean countries. The aim of the programme is to highlight Euro-Mediterranean common heritage, to promote exchange of know-how and knowledge about heritage and to offer training in heritage-related skills and professions. One of the main results of the programme is the production of a strategy paper entitled ‘Strategy for the development of Euro-Mediterranean Cultural Heritage: priorities from Mediterranean countries (2007-2013)’, drafted in consultation with the Mediterranean partner countries. This document, which defines priorities for Cultural Heritage in the framework of the Euro-Mediterranean partnership and the European Neighbourhood Policy, is intended to serve as a reference tool for future policies in this field.

Euromed Heritage IV (2008-2012) represents a further milestone, carrying forward the achievements of Heritage I + II + III, in the process of recognising culture as a catalyst for mutual understanding between the people of the Mediterranean region. Today embedded in the European Neighbourhood Policy and with a budget of EUR 17 million, Euromed Heritage 4 contributes to the exchange of experiences on cultural heritage, creates networks and promotes cooperation. It is based on the objectives defined in the ‘Strategy for the Development of Euro-Mediterranean Heritage: priorities from Mediterranean Countries (2007-2013)’ and focuses on local populations’ appropriation of their cultural heritage and favours access to education on this subject. It supports a framework for exchanging experiences, channelling the dissemination of best practices and new perspectives aimed at the development of an institutional cultural environment.

www.euromedheritage.net

The new EU maritime policy also offers a unique opportunity to promote maritime cultural heritage on both sides of the Mediterranean as a means to foster cultural understanding and economic cooperation.

Another major regional programme, Euromed Audiovisual, continues to foster cooperation in the audiovisual sector across the Mediterranean with a third phase (total budget EUR 46 million since its creation in 2000). Euromed Audiovisual III (2009-2012) contributes to intercultural dialogue and cultural diversity through support for building cinematographic and audiovisual capacity in the Mediterranean partner countries. With a budget of EUR 11 million, the latest programme aims to contribute to intercultural dialogue and cultural diversity through support for the development of cinematographic and audiovisual capacity in the partner countries. It promotes complementarity and integration of the region’s film and audiovisual industries, while seeking to harmonise public sector policy and legislation. It builds on the achievements of Euromed Audiovisual I + II, aiming to tap into the potential of a developing audiovisual market in the region and help Mediterranean films to secure a place on the global scene.

www.euromedaudiovisuel.net

The Euro-Mediterranean Anna Lindh Foundation for Dialogue between Cultures, as the first common institution created within the Barcelona process, aims at bringing people and organisations of the region together by launching actions impacting on mutual perceptions across the Mediterranean region, including culture, education and media, as well as developing its position as a space of expertise on the human and cultural dimension of the EuroMed partnership though its report on intercultural trends.

The Foundation coordinates 43 national networks involving civil society actors and public bodies, thus serving as a catalyst to develop activities on the ground. It acts in partnership with regional and international organisations to promote the role of intercultural dialogue as a tool to prevent conflict and to build human, cultural and political bridges across the Euro-Mediterranean region. With a total initial budget of almost EUR 13 million for the period 2008-2011, provided by all EuroMed partners, of which the European Commission provides EUR 7 million, the activity of the Anna Lindh Foundation is now well established and provides the ideal framework for developing cultural dialogue between the two shores of the Mediterranean Sea.

The Foundation was jointly created and is co-financed by all member countries of the Euro-Mediterranean Partnership. It covers Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Occupied Palestinian Territory, Syria, and Tunisia as well as all 27 EU Member States and remaining members of the Union for the Mediterranean, making a total of 43 countries. The Foundation promotes cooperation in the fields of culture, education, science, human rights, sustainable development, empowerment of women and the arts.

The EuroMed Youth Programme supports and strengthens the contribution of youth organisations and young people from the region to the development of society and democracy, and promotes dialogue and understanding. The fourth phase of the programme - with a budget of EUR 5 million for 2010-2013 - supports concrete actions implemented by organisations on the ground focusing on three types of activity: youth exchanges, voluntary service, and training and networking (the same scheme as the Youth for Europe programme). Thematic priorities focus on the fight against racism and xenophobia and the promotion of more tolerance, active citizenship and gender equality.

In addition to the cooperation programmes, Ministers of Culture of the EuroMed Partnership have established a political dialogue in the form of ministerial meetings. The third one took place in Athens in May 2008 and was an opportunity to exchange views about the cultural dimension of the partnership while also agreeing on the launching of a process to draw up a fully fledged Euro-Mediterranean Strategy on Culture serving to enhance dialogue between cultures and targeting cooperation on cultural policies. The strategy – to be based on the principles of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions – should be adopted at a ministerial meeting during the second half of 2010.

This marks a milestone not only as regards the cultural dimension of the Euromed Partnership but also with regard to the overall implementation of the European Agenda for Culture. For the first time a mandate has been given at political level for devising a regional Strategy on Culture.

In order to understand the needs more fully, the European Commission has been engaged in a consultation process addressing public entities and civil society organisations in the partner countries of the Union for the Mediterranean. For the South-Mediterranean countries a needs assessment report has been drawn up by two external experts (for the Western Balkan countries and Turkey a separate written consultation process has been conducted). With a view to completing this process and providing an opportunity for the cultural sectors of partner countries to exchange views on needs in the context of the new Strategy as well as on the results of consultations, the European Commission organised a seminar on 12 October 2009. Furthermore, as outlined in the Athens Conclusions, an ad hoc working group (composed of cultural experts of the members of the Union for the Mediterranean) will be given the responsibility for drawing up the new Strategy.

At the Paris Summit in July 2008, the Euro-Mediterranean Partnership was re-launched as the Union for the Mediterranean with the aim of enhancing relations between the countries on both sides. This Union was endorsed at the Marseille meeting of the Euro-Mediterranean Ministers of Foreign Affairs in November 2008. The Partnership now includes all 27 Member States of the European Union, along with 16 partners across the Southern Mediterranean, the Middle East and the Western Balkans.

http://www.euromedalex.org/En/AboutUs.htm

3.4.2.Eastern Partnership countries: Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine

Following the adoption of the Commission Communication on the Eastern Partnership in December 2008, according to which ‘The EU has specifically recognised the value of cultural cooperation and intercultural dialogue as an integral part of all external policies and has underlined the importance of cultural cooperation in addressing political processes and challenges’, the partnership initiative was officially launched at the Prague Summit meeting on 7 May 2009. The multilateral framework of the Eastern Partnership provides for cooperation activities and open and free dialogue. In this framework, four Platforms have been set up.

The Platform on Contacts between people (Platform 4) – covering inter alia the field of culture – met twice in 2009 and once in 2010 (May). At its first meeting held in June 2009, the policy dialogue on culture was launched, based on the implementation of the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and on the experience accumulated in the context of the Cultural Policy Reviews conducted under the aegis of the Council of Europe. The Platform’s work programme for 2009-2011, adopted at the second meeting in November 2009, focuses on (1) a demand-driven policy dialogue, (2) fostering participation of partners in EU-funded programmes, and (3) organising an enlarged meeting of Cultural Contact Points allowing for an exchange of views on preparatory measures to be taken by partners with a view to new programmes. The enlarged meeting of Cultural Contact Points was held on 18 March 2010.

The Eastern Partnership Culture Programme – Part I has been designed to strengthen regional cultural links and dialogue within the ENP East region, and between the EU and ENP Eastern countries’ cultural networks and actors. It covers cooperation with Armenia, Azerbaijan, Georgia, Moldova, Ukraine, and Belarus from 2010 to 2013. The budget of € 3 million foreseen for its Part I is supposed to provide technical assistance to public authorities and civil society. This first phase will be complemented by € 9 million for Part II and a call for proposals for projects should be published before the end of 2010. The Eastern Partnership Culture Programme aims at assisting the partner countries in their cultural policy reforms at government level, as well as capacity-building and improving the professionalism of cultural operators in the Eastern ENP region. It contributes to exchange of information and experience among cultural operators at a regional level and with the EU. The programme seeks to support regional initiatives which demonstrate positive cultural contributions to economic development, social inclusion, conflict resolution and intercultural dialogue.

- The Kyiv Initiative: Black Sea and South Caucasus

The Kyiv Initiative brings together five countries at the south-eastern edge of Europe, namely Armenia, Azerbaijan, Georgia, Moldova and Ukraine. Their aim is to work with each other, to create democratic and engaged societies and rebuild trust and confidence across the region.

The programme focuses on five themes that both unite and characterise the participating countries – heritage management, film, the shaping of cultural policy, literature, wine culture and tourism exchange. Through a series of projects designed to encourage cross-border collaboration, the Kyiv Initiative enables the sharing of expertise and the development of competence and skills in both towns and the countryside.

In the context of the Council of Europe’s Kyiv Initiative Regional Programme, the European Commission is co-financing over the period 2009/2010 the first phase of Pilot Project 2 on ‘Rehabilitation of Cultural Heritage in Historic Cities’ (PP2) for institutional capacity-building in relation to rehabilitation projects. A second convention will be concluded between the Commission and the Council of Europe in 2010, valid until 2011, for the second phase of Pilot Project 2.

3.5.AFRICAN, CARIBBEAN AND PACIFIC (ACP) COUNTRIES

The European Development Fund is the instrument that finances external cooperation with the group of African, Caribbean and Pacific states. Currently, the EC is implementing the 10th EDF for the period 2008-2013 with an overall budget of EUR 22 682 million. The cooperation programmes financed by the EDF are governed by the Cotonou partnership agreement, signed by the ACP countries and the EU Member States in June 2000 and revised in Luxemburg in 2005.

Article 27 of the Cotonou agreement states that the cultural dimension is to be implemented at all levels of development cooperation; recognising, preserving and promoting cultural values and identities to enable intercultural dialogue; recognising, preserving and promoting the value of cultural heritage; supporting the development of capacity in this sector; and developing cultural industries and enhancing market access opportunities for cultural goods and services.

The second revision of the Cotonou partnership agreement was signed in March 2010. This revision changes the title of the relevant Article 27 from ‘Cultural development’ to ‘Culture and development’ and introduces two new points, namely ‘e) recognising and supporting the role of cultural actors and cultural networks and their contribution to sustainable development’; and ‘f) promoting the cultural dimension in education and the participation of youth in cultural activities’.

In the spirit of the Cotonou agreement, cultural cooperation projects or activities at bilateral level under the 10^th EDF are scheduled in the National Indicative Programmes (NIPs) currently being implemented in Benin, Eritrea, Ethiopia, Haiti, Mali, Nigeria and Senegal. Cultural cooperation activities in a number of these countries are actually funded through calls for proposals in the context of a Civil Society Support programme. Most of the projects qualify for small allocations, but in some cases significant funding is envisaged for the culture sector, for instance in the case of Eritrea (EUR 5 million), Ethiopia (EUR 10 million), or Mali (EUR 15 million). The case of Mali is quite specific, as EU/Mali cultural cooperation has been going on for almost 10 years. This burgeoning cooperation has been shaped by past experiences and by responding to the changing needs of the country’s cultural sectors.

Moreover, apart from the countries which originally included cultural programmes in their NIPs, some others have shown interest in establishing cultural programmes within the framework of their development strategies as a result of the recent mid-term review of the 10^th EDF. In countries where culture does not constitute a programme in itself, there is the possibility of integrating it into other transversal programmes such as local development, support to non-state actors and to small and medium-sized enterprises, microcredit, vocational training and good governance. Countries such as the Dominican Republic, Mozambique and Cameroon propose to follow this strategy and include cultural windows in larger programmes integrating several sectors.

The EDF also covers regional cooperation. Cultural cooperation may be included in the Regional Indicative Programmes (RIP) as a focal sector for intervention. This is the case in two specific instances, namely West Africa and its programme supporting cultural industries, financed as an Intra-ACP programme, and the PALOP regional association, which encompasses Africa’s five Portuguese-speaking countries (Angola, Cape Verde, Mozambique, Sao Tome e Principe and Guinea Bissau). The PALOP regional development programme is an exception as it is the only programme gathering non-adjacent countries on a purely linguistic criterion. Culture was a focal sector for the PALOP under previous EDFs. The second RIP PALOP (9^th EDF) included a programme of EUR 3 million. The agreement was signed in February 2008. In the 10^th EDF it continues to be a priority.

A specific programme supports institutions, NGOs and individual actors throughout West Africa (Economic Community of West African States - ECOWAS) and Mauritania to ensure wider access to culture, sharing of expertise and experiences, support for creation and for new forms of expression based on new technologies.

Future regional cooperation should focus on actions that cannot be developed with the smaller size programmes at national level and have added value if designed regionally. Such is the case, for instance, with the structuring of cultural sectors at regional level and the support given to cultural operators that cover the whole value chain in the region. Similarly, future regional cooperation could foster the emergence of regional poles of excellence in certain cultural sectors, including a vocational training and technical support dimension. The diffusion, circulation and commercialisation of cultural goods, services and works at regional level is also another target identified for future actions by professionals and politicians in the International Colloquium on ‘Culture and creativity, vectors for Development’ organised by the Commission in April 2009 in Brussels.

The Colloquium attracted over 800 participants: artists, professionals and politicians from 65 ACP and EU countries, including 48 Ministers of Culture from ACP countries, two European Commissioners and two Heads of State. The Colloquium led to the Brussels Declaration of EU/ACP professionals, giving a series of recommendations at the level of local authorities, the international donor community and the professionals themselves. The culture professionals asked for a Follow-up Committee to be set up in order to monitor the implementation of the Declaration and strengthen the synergy between EC cooperation actions and those of different public actors in the field of development (especially Cultural Institutes and private Foundations). The first meeting of the Follow-up Committee took place in the framework of the Seminar on culture and development organised by the Spanish Presidency in Girona (4-6 May 2010).

The national and regional levels are not the only ones at which the EDF acts. At the intra-ACP level, covering all ACP countries, two programmes for a total of EUR 15 million are currently active under the 9^th EDF: ACP Films and ACP Cultures, focusing on the cultural industries of the ACP countries.

ACP Films co-finances the production, distribution and promotion of audiovisual works from ACP countries, including feature films, TV series and animated films. Its funding level is EUR 8 million under the 9th EDF, of which EUR 6.5 million has been allocated to 24 grant projects, involving partners from over 40 countries covering the six geographical and linguistic ACP regions as well as several European countries. This programme builds on the achievements of the previous EU-ACP programme supporting cinema (2000-2004), which co-financed the production of 47 films and eight distribution actions. This focus on cinema and audiovisual cooperation reflects the economic importance of the sector and the importance of audiovisual media as a vector of culture.

ACP Cultures is a Cultural Industries Support Programme providing support to cultural actors. While the programme is open to all ACP countries, particular emphasis is put on strengthening the culture sector in five pilot countries with a view to maximising the sector’s economic and job potential. The programme also supports the creation of an ACP Cultural Observatory, which will allow a better view and understanding of the cultural sector in the ACP region and will help structure the sector on a professional and political level. The budget for this action is over EUR 6 million under the 9th EDF, of which EUR 2.3 million has been allocated to six grant projects currently in progress in the areas of performing arts, visual arts and music. These projects include partnerships from the entire ACP area.

These programmes are currently being evaluated, and identification of the new intra-ACP programme under the 10th EDF, which will amount to EUR 30 million, is already underway. The intra-ACP programmes transcend national and regional distinctions. The beneficiaries are all the ACP countries, on a global scale, and therefore, intra-ACP programmes try to build up synergies within the different ACP countries and regions, but also beyond the ACP realm, encompassing the EU and its Member States. The primary objective is to develop networks enhancing the exchange of competences and the diffusion and circulation of cultural goods, services and works and to structure the cultural sectors complementing the national and regional levels.

Furthermore, the European Commission has other instruments to promote development through culture. In the case of ACP states, cultural cooperation can be supported through Economic Partnership Agreements (EPAs), as has already been done in the case of CARIFORUM, where the EPA grants a special status and easier access to European markets to cultural goods and services through a special cultural protocol attached to the body of the agreement. The CARIFORUM cultural protocol forms a precedent for the rest of the ACP regional organisations in terms of commercial relations with the EU. Jamaica is considering including the cultural industry as one of the four priority sectors for a project to be financed within the NIP of the 10^th EDF in the framework of a project supporting the implementation of the EPA among Jamaican industries and exporters.

Finally, it should be noted that, in order to centralise all information on the issue of culture and development, and to create an enduring network of professionals who can exchange their views with the Commission, the latter has established a website (www.culture-dev.eu) with information on the conclusions and follow-up of the above-mentioned Colloquium on ‘Culture and Creativity, vectors for development’. Also, a working group on ‘Culture and Development in International Cooperation’ has been created on the EC web platform www.capacity4dev.ec.europa.eu to allow for better exchanges among cultural cooperation professionals.

3.6.LATIN AMERICA

The Heads of State and Government of the EU and the Latin American and Caribbean (LAC) countries recognised the importance of cultural diversity as a factor for development, growth and stability at the EU-LAC Summit that took place in Vienna in 2006. They committed themselves to finding ways to enhance both EU-LAC and intra-LAC cooperation and exchanges of expertise and good practices and agreed to commemorate historic and cultural events with the aim of contributing to closer ties between their peoples.

In line with these political recommendations, at sub-regional and bilateral level, sectoral dialogues are on the increase and cooperation on culture is being developed. Several policy initiatives in the cultural field have taken place or are scheduled.

Regarding regional cooperation, the MERCOSUR Audiovisual Programme aims to strengthen the cinematographic and audiovisual sector in MERCOSUR as an instrument fostering the regional integration process and the participation of civil society. With an EU contribution of EUR 1.5 million, the programme is based on five axes of intervention, which are: to support harmonisation of the legislation governing the sector in MERCOSUR countries; to strengthen the capacities of the MERCOSUR Audiovisual Observatory; to disseminate audiovisual content; to support the preservation, dissemination and digitalisation of audiovisual heritage; and to provide professional and technical training for the audiovisual sector.

The VI EU-LAC Summit of Heads of State and Government held in Madrid on 18 May 2010 announced the creation of an EU-LAC Foundation for promoting mutual understanding and cooperation between the peoples of Latin America and the EU through cultural, intellectual and people-to-people exchanges, and fostering the transfer of knowledge and good practice between the two regions.

- Brazil

The EU’s strategic partnership with Brazil has a strong cultural dimension, reflected in the reference to culture in the landmark Joint Action Plan (JAP) with Brazil and in the ambitious conclusions of the latest EU-Brazil Summit held in Rio in December 2008.

The structured sectoral policy dialogue on culture was launched by a Joint Declaration on culture signed in May 2009 by the European Commission and the Brazilian Government. Both parties stress that ‘enhancing cooperation and dialogue on culture is instrumental to improve mutual understanding and to establish a genuine intercultural dialogue, as well as a community of views as regards questions of cultural governance at international level’.

The Culture Programme selected Brazil for the external cooperation action in 2008 (‘Special measures: cooperation with third countries’). Seven bi-annual projects scheduled for the period 2008-2010 were selected with a total budget of EUR 1.3 million. They involve cultural cooperation between European and Brazilian cultural organisations and/or cultural activities carried out in Brazil.

- Mexico

The signing of the Joint Declaration on culture in June 2009 set the scene for a structured sectoral policy dialogue on culture between the EU and Mexico.

The Cultural Fund EU – Mexico is a bilateral cultural cooperation project which started in December 2007 with a budget of EUR 1 million for the first phase (2008 – 2010). The aim of the Fund is to stimulate better reciprocal understanding between Mexican and European societies. Never before had cultural cooperation been highlighted as clearly prior to the start of a sectoral dialogue between the EU and an external partner country. This pilot phase provides new perspectives on cultural exchanges that will benefit EU and Mexican cultural operators.

During the first phase of the Cultural Fund, six projects were financed in 2008 for a total amount of almost EUR 1 million. Two projects were in the cinematographic diffusion area, two related to the organisation of theatre festivals and two were concerned with art exchange. An agreement for financing the second phase of this programme, Cultural EU – Mexico II Fund 2009 – 2012, was signed in 2009 with a total budget of EUR 5.6 million, financed equally by the European Commission and the Mexican government. The objectives include support for artist and cultural industry exchanges as well as seminars on public policies dealing with access to culture and job creation.

A special action will be dedicated to Mexico in the framework of the Culture Programme for the period 2011-2013, similar to the one for Brazil. The call for proposals will be launched in December 2010 with a budget of at least EUR 1 million. The aim of the action is to support cultural projects involving both Mexican and European cultural operators, and taking place equally in Europe and Mexico. It is more specifically meant to ensure the continuation and sustainability of cultural activities of common interest developed in the context of the 2010 official celebrations in Mexico and Europe (centenary of Revolution and bicentenary of Mexican Independence).

3.7.ASIAN COUNTRIES

In Asia and Central Asia, the DCI is the legal basis for development cooperation, replacing the ALA regulation for Asia and the TACIS regulation for Central Asia. The cooperation strategy with Asia is based on a partnership approach. One of the priorities is to increase awareness of the EU in Asia and vice versa, which should be achieved by, among other things, strengthening educational and cultural exchanges between the two regions, and promoting enhanced civil society contacts and intellectual exchanges.

These objectives are pursued through the Asia-Europe Meeting (ASEM), an informal process of dialogue and cooperation between the EU Member States and the European Commission and 16 Asian countries and the ASEAN Secretariat. ASEM activities on the cultural pillar include a wide range of enhanced contacts and dialogue between the two regions, as well as cooperation in the protection of cultural heritage.

Since 1997 the Commission has been co-financing project activities carried out by the Asia-Europe Foundation (ASEF), whose aim is to promote mutual understanding, deeper engagement and continuing collaboration among the people of Asia and Europe through greater intellectual, cultural and people-to-people exchanges between the two regions. In the field of arts and culture, ASEF aims to stimulate the exchange of ideas, creativity and artistic practices in different contexts. ASEF is also active in the field of interfaith dialogue, exploring opportunities for collaboration and innovation among stakeholders and between religious and secular groups, so as to contribute to mitigation of conflict and reconciliation. The ASEF budget is EUR 3 million for the period 2008-10.

- India

The New Delhi EU-India Summit Joint Statement of 30 November 2007 provided support for further cooperation in the field of culture, including stepping up the activities of organisations such as the Indian Council for Cultural Relations (ICCR) and the Indian cluster of the European Union National Institutes of Culture (EUNIC).

In the European Year of Intercultural Dialogue (2008), a conference on ‘Multilingualism and Intercultural Dialogue in Globalisation’ was organised in December 2008 in New Delhi. This was the first EU-India platform for discussion and exchange between high-level scholars and intellectuals on the issue of multilingualism and its implications in the fields of business, politics, identity, intercultural dialogue and education. The event was the first step towards a more permanent policy dialogue with India in this domain, initiated by the signing of an EU-India Joint Declaration on Multilingualism on 6 March 2009.

In financing terms, a number of cultural cooperation initiatives were supported in the context of the EU-India Economic Cross-Cultural Programme, as well as through the special action under the Culture Programme in 2007 with a budget of EUR 1.8 million (together with China). The EU Delegation and Embassies of the EU Member States in Delhi supported a wide range of cultural activities aimed at raising the profile of the EU, and of European culture, in India. Key events included cultural weeks that were organised in 2008 and 2009 and, in 2010, the 15th anniversary of the European Union Film Festival (24 April - 4 May), which showcased European cultural diversity and brought European cinema to Indian audiences.

- China

In October 2007, the European Commission and the Chinese Ministry of Culture signed a Joint Declaration on cooperation in the field of culture.

The first EU-China sectoral dialogue on culture took place in May 2009, in Beijing, at director general level. During the follow-up meeting in October 2009 in Brussels, both sides agreed on three priority areas of cooperation, namely (a) promotion of cultural and creative industries, (b) preservation of cultural heritage, and (c) cooperation on the management of cultural organisations and institutions (printing houses, operas…). In order to enhance cultural cooperation by raising the issue at a higher level, the Chinese side proposed to hold a high-level cultural forum.

The importance of the cultural dimension of EU-China relations was underlined at the 12^th EU-China Summit in November 2009, in Nanjing. Premier Wen further endorsed the proposal to establish a high-level cultural forum that would take place in the margin of the EU-China Summit in October 2010. President Barroso also stressed the importance of cultural and people-to-people exchanges for increasing mutual understanding. Both sides decided that 2011 would be the Year of EU-China Youth, and that an EU-China ministerial mechanism on youth affairs should be created. Both sides agreed to work together to improve dialogue mechanisms and introduce fresh vitality into the relationship, including in the cultural field.

The Joint Statement issued on this occasion promoted further strengthening of the exchanges and cooperation on the basis of the existing good cultural relations, continuing the EU-China cultural policy dialogue, and working closely together to push for implementation of the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions.

A number of pilot events, involving young people from both China and Europe, are planned in 2010, including school twinning and a Youth Summit. Interactions will be strengthened in the framework of the European Year of Volunteering 2011. Europe and China will host official opening ceremonies, flagship events on youth, culture, sports and volunteering, as well as projects jointly implemented by Chinese and European organisations. It is proposed to designate Youth Ambassadors in a number of fields. An official closing ceremony is planned for the later part of 2011.

Regarding funding opportunities, the third country call under the Culture Programme in 2007 covered China and India with a budget of EUR 1.8 million. Ten projects in the fields of performing arts, cultural heritage, new media technologies, library books and reading, architecture, design and applied arts were carried out in a spirit of cooperation between European, Chinese and Indian operators.

3.8.INDUSTRIALISED COUNTRIES

- Russia

A Joint Working Group on Culture made up of representatives of the European Commission, the Member States and the Russian Ministry of Culture was established in February 2007 and has met regularly, most recently in June 2008 in Moscow. One of the main aims of the Joint Working Group is to draw up an EU-Russia Culture Action Plan, which is currently being discussed.

The first Permanent Partnership Council (PPC) on Culture took place in Lisbon on 25 October 2007 and was concluded with a Joint Statement between the Russian Federation (RF) and the EU. The PPC is a new format for cooperation with the RF agreed upon at the St Petersburg Summit to strengthen the EU/Russia Cooperation Council. PPCs bring together the Ministers/Commissioners responsible for particular policy areas. The EC position is based on a Commission proposal adopted by the Council.

One of the concrete proposals set out in the Culture Action Plan is the organisation of an EU-Russia high-level seminar on cultural cooperation. In this context, an international seminar on ‘Russia-EU: signs on the road map of cultural cooperation’, co-organised by the European Commission and the Russian Ministry of Culture, took place on 8 December 2009 in Moscow. It brought together cultural operators from the EU and Russia (more than 150 experts from 22 European countries and 20 regions of the Russian Federation) so that they could discuss the priorities and modalities of EU-Russia cooperation, as well as elements of the policy environment which could facilitate cultural cooperation.

The main conclusions of the seminar were linked to the enhancement of EU-Russia cultural cooperation encompassing all areas of cultural and artistic expressions, engaging cultural stakeholders at all levels, including state and non-state actors, civil society, business and independent actors, fostering the mobility of artists and cultural workers between the EU and Russia, facilitating access to information and networking, etc. The overall objective is to link the outcome of the seminar to the ongoing negotiations on the Culture Action Plan and prepare recommendations from the cultural sector to feed into this process.

EU-Russia cooperation in the field of culture is covered by the 1997 EU-Russia Partnership and Cooperation Agreement (PCA), and it will also be a part of the New EU-Russia Agreement (NA), which is currently under discussion. The NA contains substantive, legally-binding commitments in all areas of the partnership, including political dialogue, justice, freedom and security issues, trade and investment, energy, economic cooperation, and research, education and culture. The culture and audiovisual cooperation text is being negotiated within the Research, Education and Culture Working Group.

In May 2010, a Memorandum of Understanding establishing a Northern Dimension Partnership on Culture (NDPC) under the Northern Dimension policy, with the participation of Norway, Iceland, EU Member States and the Russian Federation, was signed. The main purpose of the Partnership is to function as a focal point for networks, projects and other cultural activities in the Northern Dimension area with a view to keeping interested parties informed of plans and activities.

In the framework of the European Neighbourhood and Partnership Instrument, the programme on ‘Minorities in Russia: Developing languages, culture, media and civil society’ is implemented jointly with the Council of Europe. The project started in February 2009 and will last for 36 months, with EU funding of EUR 2.5 million. The overall objective of this action is to promote Russia’s ethnic and national minorities and better recognition of their specific integrity as regards culture, education, languages, media and civil society. A more specific aim is to pave the way for Russia’s future ratification and implementation of the Council of Europe’s Charter for Regional or Minority Languages.

The Institution Building Partnership Programme (IBPP): the EU-Russia Culture Window

For a number of years, the European Commission has fostered cultural cooperation between the EU and Russia through its Delegation in Moscow. Support to the EU-Russia Cultural Cooperation Initiative is a part of the EU-Russia Cooperation Programme designed to support grassroots initiatives in the area of culture via the Institution Building Partnership Programme (IBPP). The purpose is to support the EU-Russia cultural initiatives implemented through partnerships among non-governmental organisations, local/regional authorities, artistic universities, museums and other cultural institutions from the EU and Russia. Project promoters act in partnership and projects involve at least one organisation from Russia and one from the EU.

In 2007 the European Commission’s Delegation to Russia launched the first thematic call for proposals specifically focused on culture. Eight joint EU-Russia projects with a total budget of EUR 2 million were selected and financed. In 2008 the European Commission continued its activities aimed at fostering cooperation with Russia in the cultural field and promoting artistic and cultural projects with a European dimension. As a result, nine joint EU-Russia projects were selected and financed via the IBPP in 2008 for a total budget of EUR 2 million. The subjects covered were artistic creation, cultural mobility, intercultural dialogue, strengthening of cultural networks and cooperation among museums. In 2009, a third call for proposals was launched with a focus on promoting creativity and innovative artistic projects with a European dimension, for a total budget of EUR 2 million.

1final report due during the second quarter of 2010.

2final report due during the third quarter of 2010.

3final report due during the second quarter of 2010.

4COM (2010) 183 final. http://ec.europa.eu/culture/our-policy-development/doc2577_en.htm

5Directive 2010/13/EU of the Parliament and the Council of the 10 March 2010 on the coordination of the provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (codified version).

6The AVMSD has extended the definition of European works to works co-produced in the framework of agreements related to the audiovisual sector concluded between the EU and third countries, thus increasing the potential for openness to international cooperation, with the aim of fostering cultural diversity also through enhanced opportunities for the circulation of audiovisual works.

7http://ec.europa.eu/avpolicy/reg/cinema/report/index_en.htm

8‘The Wind that Shakes the Barley’ by Ken Loach won the Palme d’Or at the Cannes Film Festival in 2006, ‘4 Months, 3 Weeks, and 2 Days’ directed by Romanian film-maker Cristian Mungiu won the same prestigious prize in 2007. At the 2008 Cannes Film Festival, four films funded by MEDIA received honours at the awards ceremony: ‘Entre Les Murs’ by French director Laurent Cantet won the Palme d’or, ‘Gomorra’ by Italian director Matteo Garrone received the Grand Prix of the festival, ‘Le Silence De Lorna by Belgians Luc and Jean-Pierre Dardenne got the prize for best scenario and ‘Tulpan’ directed by Sergey Dvortsevoy from Kazahstan the prize of ‘Un certain Regard’. In 2009, Austrian film director Michael Hanneke’s ‘Das Weisse Band ‘ received the Palme in Cannes.

9The fund will share the financial risk related to the loans granted by banks to European independent audiovisual producers, by guaranteeing to cover a certain percentage of the loss in case of failure by the producer to reimburse the loan, thus encouraging local banks to grant credits to film producers.

10 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52007DC0836:EN:NOT

11 http://ec.europa.eu/avpolicy/docs/other_actions/col_platform_report.pdf

12 http://ec.europa.eu/avpolicy/other_actions/content_online/index_en.htm

13Media pluralism in the Member States of the European Union SEC(2007) 32.

14 http://ec.europa.eu/information_society/media_taskforce/pluralism/study/index_en.htm

15COM(2009) 640 final.

162009/C 119/02.

17‘Can creativity be measured?’ 28-29 May 2009, Brussels. Conference contributions available at http://ec.europa.eu/education/lifelong-learning-policy/doc1427_en.htm.

Publication available at http://ec.europa.eu/education/lifelong-learning policy/doc2082_en.htm

18Commission Communication An EU strategy for youth — Investing and empowering. A renewed open method of coordination to address youth challenges and opportunities COM (2009) 200 — Council Resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018), OJ C 311.

19See Commission Youth website at http://ec.europa.eu/youth/index_en.htm

20See EU Cohesion Policy- the Thematic Pages/ Culture at http://ec.europa.eu/regional_policy/themes/culture

21See Cohesion policy: Strategic Report 2010 on the implementation of the programmes 2007-2013 of 31.03.2010, COM(2010)110, SEC(2010)360 at http://ec.europa.eu/regional_policy/policy/reporting

22Commission Recommendation 2006/585/EC. ICT-PSP is one of three specific programmes implemented through Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007-2013) (‘CIP’).

23 http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/educ/104230.pdf

24This provisional title was later changed by the consortium of proposing countries to ‘Cultural Heritage and Global Change: a new challenge for Europe’.

25Council conclusions 17226/09 http://register.consilium.europa.eu/pdf/en/09/st17/st17226.en09.pdf

26SEC(2009)501.

27SEC(2009)1195.

28For mobility and social security coordination, see chapter on Employment and social affairs. See also chapter on Culture for actions related to mobility of artists.

29Directive 2009/50/EC.

30COM(2005)669 of 21 December 2005.

31Regulation 810/2009, OJ L 243, 15.9.2009.

32These measures become mandatory from April 2011.

33Regulation (EU) No 265/2010 of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa.

34Countless cases could be referred to in this context. We recommend therefore attentive reading of the cases mentioned on the following site: http://ec.europa.eu/competition/elojade/isef, refining the search by policy area ‘State aid’ and primary objective ‘Culture’.

35Council Directive 2008/8/EC of 12 February 2008 amending Directive 2006/112/EC as regards the place of supply of services – OJ L 44, 20.2.2008 p. 11.

36According to Article 53 (as inserted by Article 2 of Directive 2008/8/EC) ‘the place of supply of services and ancillary services relating to cultural, artistic, sporting, scientific, educational, entertainment or similar activities, such as fairs and exhibitions, including the supply of services of the organisers of such activities, shall be the place where those activities are physically carried out.’.

37Article 43 provides that ‘For the purpose of applying the rules concerning the place of supply of services:

1. […];

2. a non-taxable legal person who is identified for VAT purposes shall be regarded as a taxable person.’.

38Article 53 (as replaced by Article 3 of Directive 2008/8EC) provides that ‘the place of supply of services in respect of admission to cultural, artistic, sporting, scientific, educational, entertainment or similar events, such as fairs and exhibitions, and of ancillary services related to the admission, supplied to a taxable person, shall be the place where those events actually take place’.
Article 54 (as replaced by Article 3 of Directive 2008/8/EC) provides that ‘the place of supply of services and ancillary services, relating to cultural, artistic, sporting, scientific, educational, entertainment or similar activities, such as fairs and exhibitions, including the supply of services of the organisers of such activities, supplied to a non-taxable person shall be the place where those activities actually take place’.

39Article 44 provides that ‘The place of supply of services to a taxable person acting as such shall be the place where that person has established his business. However, if those services are provided to a fixed establishment of the taxable person located in a place other than the place where he has established his business, the place of supply of those services shall be the place where that fixed establishment is located. In the absence of such place of establishment or fixed establishment, the place of supply of services shall be the place where the taxable person who receives such services has his permanent address or usually resides.

40Article 196 provides that ‘VAT shall be payable by any taxable person, or non-taxable legal person identified for VAT purposes, to whom the services referred to in Article 44 are supplied, if the services are supplied by a taxable person not established within the territory of the Member State.

41Council Directive 2006/112/EC.

42Commission Communication COM (2007)380 final.

43The results of this consultation are available at: http://ec.europa.eu/taxation_customs/common/consultations/tax/index_en.htm.

44COM(2008) 428 final http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0428:FIN:EN:PDF.

45 http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/106576.pdf.

46Council Directive 2009/47/EC amending Directive 2006/112/EC.

47Regulations 116/2009 and 752/93.

48(COM (2009) 532 of 19 October 2009).

49(COM (2008) 464 of 16 July 2008.

50 http://ec.europa.eu/culture/our-policy-development/doc/ICD_external_relations_en.doc.pdf.

51See the chapters on culture and the audiovisual sector in this document.

52Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Suriname, and Trinidad and Tobago.

53Under UNSCR 1244/99.

54see chapter on culture in this document.

55see subchapter on Euromed partners.

56Under UNSCR 12244/99.

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