Legal provisions of COM(2005)678 - Conclusion of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

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25.7.2006   ENOfficial Journal of the European UnionL 201/15



COUNCIL DECISION

of 18 May 2006

on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions

(2006/515/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 133, 151, 181 and 181a in conjunction with the second sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3), thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)In November 2004, the Council authorised the Commission to participate, on behalf of the Community, in negotiations at the United Nations Educational, Scientific and Cultural Organisation (UNESCO) concerning a Convention on the Protection and Promotion of the Diversity of Cultural Expressions, hereinafter referred to as the ‘UNESCO Convention’. The Commission participated in these negotiations, together with the Member States.

(2)The UNESCO Convention was adopted at the General Conference of UNESCO in Paris on 20 October 2005.

(3)The UNESCO Convention constitutes a relevant and effective pillar for promoting cultural diversity and cultural exchanges, to which both the Community, as reflected in Article 151(4) of the Treaty, and its Member States, attach the greatest importance. It contributes towards ensuring mutual respect and understanding between cultures at world level.

(4)The UNESCO Convention should be approved as soon as possible.

(5)Both the Community and its Member States have competence in the fields covered by the UNESCO Convention. The Community and the Member States should therefore become Contracting Parties to it, so that together they can fulfil the obligations laid down by the UNESCO Convention and exercise the rights invested in them by it, in situations of mixed competence in a coherent manner,

HAS DECIDED AS FOLLOWS:

Article 1

1. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions is hereby approved on behalf of the Community.

2. The text of the UNESCO Convention is contained in Annex 1(a) to this Decision.

Article 2

1. The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of accession, on behalf of the Community, with the Director-General of UNESCO, in accordance with Article 27(4) of the UNESCO Convention.

2. The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the declaration of competence contained in Annex 1(b) to this Decision, in accordance with Article 27(3)(c) of the UNESCO Convention.

3. The President of the Council is hereby authorised to designate the person(s) empowered to issue the Unilateral Declaration reproduced in Annex 2 to this Decision at the time of the deposition of the instrument of accession.

Article 3

In respect of matters falling within the Community's competence, the Commission shall represent the Community at meetings of the bodies created by the UNESCO Convention, in particular the Conference of the Parties referred to in Article 22 thereof, and shall negotiate on its behalf concerning questions falling within the remit of those bodies.

Article 4

This Decision shall be published in the Official Journal of the European Union.