Legal provisions of 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

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EN

EUROPEAN COMMISSION

Brussels, 19.7.2010

SEC(2010) 904


COMMISSION WORKING DOCUMENT

The 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

COM(2010)390

TABLE OF CONTENTS

1. Introduction 3

2. CULTURE IN INTERNAL POLICIES AND PROGRAMMES 3

2.1. CULTURE 3

2.2. THE AUDIOVISUAL SECTOR 8

2.3. EDUCATION AND TRAINING 13

2.4. MULTILINGUALISM 15

2.5. ACTIVE CITIZENSHIP 15

2.6. YOUTH 16

2.7. COMMUNICATION 17

2.8. COHESION POLICY 18

2.9. INFORMATION SOCIETY 19

2.10. RESEARCH 21

2.11. ENTERPRISE AND INDUSTRY 24

2.12. EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES 26

2.13. FREEDOM, SECURITY AND JUSTICE 29

2.14. COMPETITION POLICY 32

2.15. TAXATION AND CUSTOMS 34

2.16. INTERNAL MARKET 36

2.17. AGRICULTURE AND SUSTAINABLE RURAL DEVELOPMENT 38

2.18. MARITIME POLICY 38

2.19. ENVIRONMENT POLICY 39

2.20. CONSUMER POLICY 40

3. CULTURE IN EXTERNAL RELATIONS AND DEVELOPMENT POLICIES AND PROGRAMMES 40

3.1. CULTURE AND DEVELOPMENT COOPERATION 41

3.2. CULTURE AND TRADE POLICY 43

3.3. CANDIDATE AND POTENTIAL CANDIDATE COUNTRIES 44

3.4. EUROPEAN NEIGHBOURHOOD 48

3.5. AFRICAN, CARIBBEAN AND PACIFIC (ACP) COUNTRIES 52

3.6. LATIN AMERICA 55

3.7. ASIAN COUNTRIES 56

3.8. INDUSTRIALISED COUNTRIES 58

COMMISSION WORKING DOCUMENT

The 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

1.Introduction

Culture is not only a fundamental element of society and the lives of individuals, but is also a catalyst for European integration. Wherever it is able to do so, the European Union is playing an increasing role in cultural policy and European cultural cooperation. The European Agenda for Culture in a globalising world, marking the beginning of a new era in this area, was proposed by the European Commission in May 2007 and endorsed by the Council of the European Union and by the European Council in November and December 2007 respectively.

Three years on, the European Commission has published a Report on the progress made with the Agenda and the path that lies ahead. This working document supplements the Report and aims to give an overview of the developments in EU policies in which culture is present in one way or another, focusing on the period from 2007 to the present. For reference, the Communication on the European Agenda for Culture was accompanied in 2007 by the staff working paper ‘Inventory of Community actions in the field of culture’, available at http://ec.europa.eu/culture/our-policy-development/doc399_en.htm.

The Treaty of Lisbon dedicates an article to Union action in the field of culture (Article 167), which should ‘contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.’

This article stipulates also that ‘the Union shall take cultural aspects into account in its action under other provisions of the Treaties, in particular in order to respect and to promote the diversity of its cultures.’ In other words, culture should be ‘mainstreamed’ into the Union’s policies in the fields of external relations, cohesion policy, employment and many others.
2.CULTURE IN INTERNAL POLICIES AND PROGRAMMES

2.1.CULTURE

Most EU actions which deal specifically with culture are part of the Culture Programme, but some other initiatives are being implemented.

2.1.1.The Culture Programme (2007-2013)

Aiming to celebrate Europe’s cultural diversity and enhance its shared cultural heritage, the Programme promotes cross-border cooperation through the mobility of artists, cultural professionals and artworks, as well as intercultural dialogue.

With a budget of EUR 400 million allocated for the period 2007-2013, the Culture Programme supports projects, organisations, promotional activities and research in all fields of culture. It is open to all cultural organisations except the audiovisual industry, which is covered by the MEDIA programme. Support can be given to cultural organisations from all the EU Member States, candidate countries, EFTA countries which are members of the EEA, and other countries for which a memorandum of understanding has been signed.

Non-EU countries currently taking part in the programme include Norway, Iceland, Liechtenstein, Turkey, Croatia, former Yugoslav Republic of Macedonia (fYROM), Serbia and Montenegro. Subject to the signing of a memorandum of understanding, Bosnia-Herzegovina and Albania are likely to join in 2011. The Programme also caters for activities with third countries, the focus being on a different country or group of countries each year: India and China in 2007, Brazil in 2008, Armenia, Belarus, Egypt, Georgia, Jordan, Moldova, occupied Palestinian Territory and Tunisia in 2009, the same countries joined by Azerbaijan and Ukraine in 2010, followed by Mexico in 2011 and South Africa in 2012.

The 250 projects selected for co-funding every year involve many more organisations through partnerships. For example, the projects funded in 2009 involved more than 1 100 organisations and a large number of individuals.

Support is provided for cultural actions to foster cross-border cooperation, including with third countries, and to create and implement cultural and artistic activities in line with the Programme’s objectives.

The Programme also supports literary translations from one European language into another (including from Latin and ancient Greek), with the aim of circulating literature more widely, and thereby promoting cultural diversity and intercultural dialogue. In 2009 a total of 370 books were translated.

Cultural bodies working at European level can receive co-financing for their operating costs, provided they have a significant geographical outreach throughout Europe, varying according to the type of activity.

Studies and dissemination activities in the field of culture are also funded from the Programme. Studies are undertaken by external contractors at the request of the European Commission and have included in the last three years:

- The contribution of culture to regional development - evidence from the Structural Funds, ongoing1, looking at the many ways in which culture has been incorporated into EU cohesion and regional policy, still little known; the study will be accompanied by an online practical information kit, addressed to cultural operators wishing to learn more about financing opportunities under the Structural Funds and to regional policy experts wishing to invest in culture as part of local and regional development strategies;

- The entrepreneurial dimension of cultural and creative industries, ongoing2, aiming at a better understanding of the operations and specific needs of companies in the cultural and creative industries, especially small and medium-sized enterprises (SMEs);

- Mapping and evaluating of existing web platforms within the cultural sector aimed at stimulating debate and cross-border exchange of matters concerning European culture, ongoing3

- The impact of culture on creativity in 2009, exploring the still largely underestimated links between culture, cultural diversity, creativity and – more broadly – social, scientific and economic innovation;

- Mobility Matters: Programmes and Schemes to Support the Mobility of Artists and Cultural Professionals in Europe in 2008, with the purpose of providing an overview of the mobility schemes that already exist in Europe, identifying any existing gaps and proposing recommendations for possible future action at EU or national level;

- Sharing Diversity: National approaches to Intercultural Dialogue in Europe in 2007, investigating definitions of intercultural dialogue, its challenges to different sectors such as culture, education, sports and youth, and the main actors involved in its promotion. 

- European Capitals of Culture

The EU's European Capitals of Culture flagship initiative is one of the most ambitious European cultural events. The objective is to bring European citizens closer together by promoting a better understanding of our common cultural heritage, as well as showing the richness of our cultural diversity. The Capitals encourage cooperation and mobility between all kinds of cultural operators. This event is unique in scale and scope, lasting a full year and involving tens of millions of euros in investment, the bulk of it from national public sources. Over the years its capacity for contributing to the long-term regeneration of cities and their regions has been recognised and is being increasingly tapped into.

The Capital of Culture title is awarded to the city with the most creative and innovative cultural programme proposal. Essential criteria are the European dimension of the cultural programme and the involvement of citizens, including the long-term impact on the cultural and social development of the city. More than 40 European Capitals of Culture have been designated since the event began in 1985. 2010 marks the 25th anniversary of this highly visible EU initiative.

2.1.2.- Prizes in the field of culture

With the general objective of highlighting artists, works and cultural or artistic achievements and making them known beyond national borders, the EU grants three annual prizes (Contemporary Literature, European Border Breakers Awards - EBBA, Cultural Heritage) and one biennial prize (Contemporary Architecture).

The awards are presented at large-scale events. The aim is to promote transnational mobility of cultural players, stimulate dialogue in the various cultural fields, spotlight excellence and cultural diversity, and contribute to branding Europe as a creative hub and European culture as a driver of creativity and innovation.

2.1.3.- European Heritage Days

European Heritage Days is a joint action between the European Union and the Council of Europe aimed at opening up monuments and sites all over Europe (which are not usually freely accessible to the general public) during a weekend in September. The event attracts around 20 million people to remarkable spots spread out over the 49 participating countries and helps to give greater visibility to our shared European heritage. This event is linked to the European Heritage Forum, an annual international event bringing together stakeholders working on the interpretation, communication and accessibility of cultural heritage. The Forum offers an opportunity to raise strategic questions concerning access to cultural heritage and to discuss best practices.

2.1.4.European Heritage Label

A Commission proposal to establish the ‘European Heritage Label’ as an EU-wide initiative was approved in March 2010. The purpose of the Label is to highlight sites that celebrate and symbolise European integration, ideals and history. The proposed Decision to establish the Label has been submitted to the EU’s Council of Ministers and the European Parliament for adoption and could potentially come into effect in 2011 or 2012.

Under the proposed new scheme, each Member State would be able to nominate up to two sites per year to receive the Label. Originally a 2006 intergovernmental project involving 17 Member States, the Label as an EU-wide initiative would confer greater credibility, visibility and prestige. It would help both to increase public awareness of Europe’s common yet diverse cultural heritage and to stimulate cultural tourism and intercultural dialogue.

2.1.5.Pilot project for artist mobility

Alongside existing initiatives under the Culture Programme, the Open Method of Coordination (OMC) and structured dialogue with the cultural sector, a pilot project for artist mobility was launched in 2008 outside the Culture Programme. The project had an initial budget of EUR 1.5 million voted by the European Parliament. The results of this pilot project are feeding into the work of the Member States in the context of the OMC, as well as helping to test new ideas with a view to the preparation of a programme in the field of culture for the next programming period beyond 2013.

One element of the pilot project entailed a study examining the feasibility of a comprehensive Europe-wide information system for artists and cultural workers on the legal, regulatory, procedural and financial aspects related to mobility in the cultural sector. The study, carried out by an external consultant, was published in 2009. The model proposed consists of the creation of a network of information centres in all Member States. This is currently being discussed by national experts in the framework of the OMC. Possibilities for leveraging existing assistance services (such as EURES, Citizens Signpost Service and SOLVIT) to contribute to the information and help required by mobile artists are also being examined.

A second element of the pilot project was a call for proposals to encourage networking among existing structures supporting mobility in different cultural sectors: four projects were selected. They started their activities in 2008 and have a maximum duration of 36 months.

At the end of 2008, the Parliament voted another EUR 1.5 million line for the continuation of the pilot project. A new call for proposals was launched and nine projects were selected. They began their activities at the end of 2009 and have a maximum duration of 24 months.

2.1.6.Green Paper on 'Unlocking the potential of cultural and creative industries'

Europe's cultural and creative industries are not only essential for cultural diversity in our continent; they are also one of our most dynamic economic sectors, employing more than 5 million people across EU-27, contributing 2.6 % to EU GDP and growing faster than the rest of the economy. Cultural and creative industries are also a lever for social and territorial cohesion, as well as driving creativity and innovation with positive spill over effects on the rest of the economy and on society as a whole.

But businesses in this sector, and especially SMEs, too often face obstacles to fulfilling their full potential. Cultural and creative industries need the right business environment which meets the specific needs of creative entrepreneurship.

For cultural and creative industries to be able to make the most of the opportunities offered by cultural diversity, globalization and digitization, the key drivers for these industries' further development, the challenge is:

- To put the right enablers in place through an increased capacity for experimenting and innovating, easier access to funding and access to the right mix of skills;

- To help cultural and creative industries develop in their local and regional environment as a launch pad for a stronger global presence, including through increased exchange and mobility; and

- To move towards a creative economy by catalyzing the spill-over effects of cultural and creative industries on a wide range of economic and social contexts.

The European Commission – as part of its European Agenda for Culture - has published a Green Paper on 'Unlocking the potential of cultural and creative industries'4. This document launches a public consultation open until 30 July 2010 to gather views on various issues impacting these industries, from business environment to the need to open up a common European space for culture, from capacity building to skills development and promotion of European creators on the world stage. The contributions received will help the Commission ensure that EU programmes and policies involving cultural and creative industries are 'fit for purpose'.

http://ec.europa.eu/culture

2.1.7.Cultural Statistics

Support for evidence-based policymaking is one of the new working methods advocated by the European Agenda for Culture. The Commission coordinates the work of improving the comparability of statistics on culture through Eurostat, aiming to make better use of the harmonised statistics available at EU level, to widely disseminate these data and to develop a specific methodology in the field of cultural statistics.

In October 2007, the first statistical pocketbook on culture in the EU was published by Eurostat and was very well received. The second edition will be published in early 2011. Additionally, a user-friendly ‘Cultural statistics’ section has been created on the Eurostat website.

In June 2008, the ‘Cultural statistics’ Working Group recommended to establish a network of countries that could work together on various issues of statistics on culture. Consequently, the ESSnet-culture was set up in September 2009 and launched in December 2009 at a conference during which the work programme of this ESSnet was presented. ESSnet-culture is composed of four thematic Task Forces and the main coordination is assured by the Ministry of Culture of Luxembourg. These Task Forces cover the following domains: methodological framework of cultural statistics; cultural/creative industries; public and private expenditure on culture; cultural participation and social impact of culture. The majority of the ESSnet’s tasks are related to methodology (for better harmonisation of existing and potential future data) but some new pilot data collections are also envisaged.

Closer collaboration with international organisations working in the field of cultural statistics (UNESCO, Council of Europe, OECD, UNCTAD and WIPO) has been initiated by Eurostat and the first international meeting of March 2010 was a good step towards the development of cultural statistics worldwide.

http://ec.europa.eu/eurostat

2.2.THE AUDIOVISUAL SECTOR

In the conclusions of the Lisbon summit, it was stressed that ‘content industries create added value by exploiting and networking European cultural diversity’. The audiovisual sector has a great economic potential and an important cultural and social impact. Moreover, it plays a key role in the emergence of European citizenship and identities. Community support is designed to enable the European audiovisual sector to promote intercultural dialogue, increase mutual awareness amongst Europe’s cultures and develop its political and cultural potential.

2.2.1.Regulatory framework

European audiovisual policy seeks both to provide a framework conducive to development of the audiovisual sector and to support the transnational dimension of this essentially cultural industry. To this end, one of the main instruments is the Audiovisual Media Services Directive (AVMSD)5, designed to facilitate ‘business without frontiers’ in the audiovisual sector. This Directive, which replaces the ‘Television without Frontiers Directive’, has modernised the rules governing audiovisual content in order to adapt them to the new audiovisual environment. It provides harmonised rules for all audiovisual media services (including on-demand services), setting in particular the conditions for the transmission across borders of audiovisual media services, thus creating a legal framework for the free circulation of European audiovisual content within the EU single market.

The ‘country of origin’ principle (which allows media service providers to offer in other Member States audiovisual content complying with the laws of their own State) is an efficient tool for increasing the number of cross-border services, thereby contributing to media pluralism and cultural diversity in the EU.

The Commission will report on the implementation of the AVMSD in a general application report due in December 2011. This report will mainly cover the development of the audiovisual sector and levels of media literacy in the Member States.

In addition, cultural diversity is fostered through promotion measures of European6 and independent audiovisual productions (Articles 13, 16 and 17 of the AVMSD). Under Article 13 Member States must ensure that on-demand audiovisual media services promote, where practicable and by appropriate means, production of and access to European works. Articles 16 and 17 require Member States to ensure, where practicable and by appropriate means, that broadcasters allocate a majority of time on TV channels to European-made programmes and that a minimum proportion of viewing time is reserved for European works created by independent producers (or alternatively that a minimum programme budget is allocated by broadcasters to independent productions).

The Commission will, on the basis of an independent study, report to the European Parliament and the Council on the implementation of these provisions, taking into account the objective of cultural diversity.

http://ec.europa.eu/comm/avpolicy/reg/index_en.htm

The development of the EU audiovisual and information services industry also requires a minimum level of protection of the general interests of the European citizen. On 20 December 2006 the European Parliament and the Council adopted a Recommendation on the Protection of Minors and Human Dignity and on the Right of Reply (2006/952/EC) dealing with matters such as media literacy, cooperation and sharing of experience and good practices between self-, co- and regulatory bodies, action against discrimination in all media, and the right of reply concerning online media. An implementation report will be published in the course of 2010.

The European Parliament and the Council adopted a Recommendation on Film Heritage and the competitiveness of related industrial activities on 16 November 2005. Member States must inform the Commission every two years of action taken in response to this Recommendation. The first implementation report was published on 4 August 20087 and the second report is expected in mid-2010. One issue that is currently being addressed is the access of cultural institutions in the area of film heritage to the Culture Programme, in accordance with the principle of non-discrimination. Only projects eligible for the MEDIA Programme can be excluded. Blanket exclusion of audiovisual institutions is disproportionate.

2.2.2.Support measures in favour of the European audiovisual industry

- MEDIA Programme

The MEDIA programme was created in 1991 with the aim of supporting the European audiovisual industry. Since then, there have been four multiannual programmes, the latest being MEDIA 2007 (2007-2013, budget: EUR 754.9 million). A total of 2 billion euros in co-funding for the European audiovisual industry has been provided through MEDIA between 1991 and 2013.

The MEDIA programme is intended to make the European audiovisual sector more competitive. This means in particular taking measures to foster:

- the adaptation of the European audiovisual industry to structural upheaval;

- the development of a propitious environment for the small and medium-sized businesses which underpin the industrial fabric of the cinema and audiovisual sectors;

- the creation of an environment which stimulates cooperation between businesses.

Ultimately, this enhanced competitiveness should become evident in the European Union through an increased market share for non-national European productions.

Productions supported by the MEDIA programme are generally of qualitative interest and show internationally recognised cultural potential, as reflected by the high number of MEDIA-supported films competing in the most famous film festivals (Cannes Film Festival, Venice Festival, Berlinale). Furthermore, a significant number of MEDIA-supported films have won prestigious awards8.

As a consequence of the digital revolution and the enlargement of the EU, measures under MEDIA 2007 are constantly being adapted and structured in a growing number of different action lines: Training (Initial and Continuous) Development and producers’ support, Access to finance for SMEs, Distribution (Selective and Automatic), Promotion (Access to the market / Festivals), Exhibition and New Technologies (Video on Demand and linear services / Pilot Projects).

Each year, around 50 specialised training events for professionals are organised with the support of MEDIA. Also, about 15 ‘Initial Training’ initiatives receive MEDIA 2007 support aiming to increase exchanges of good practices and networking between film schools students, trainees and trainers.

The MEDIA programme provides European independent production companies with financial support for developing their cinema and audiovisual projects: every year, 350 new European film productions are supported by MEDIA.

Through the distribution schemes, more than half of the European films shown on European cinema screens benefit from MEDIA support. Nine out of ten European films which cross borders within Europe receive support from the programme. Distribution and promotion of European films outside their originating country both across Europe and worldwide (almost 60 % to 65 % of the total budget) are a clear priority The MEDIA programme also supports cinema networks and more than 100 film festivals every year (on condition that they show at least 70 % of European films). This helps improve the diversity and quality of films produced and distributed in Europe while creating greater choice.

The need to face the challenges of a rapidly changing sector — new technologies, new players and new participating countries, market fragmentation and difficulties in getting access to financing — has meant readapting the existing schemes as well as creating two new action lines for supporting Video on Demand (VoD) and Digital Cinema Distribution and Access to Finance.

The main objective of the ‘VoD’ action — which started in 2007 — is to support the creation and exploitation of catalogues of European works and their digital distribution across borders. The competitiveness of the audiovisual content industry in Europe will largely depend on the use of these technologies.

The ‘access to finance’ action will be implemented in 2010. The audiovisual sector has always suffered from structural fragility and undercapitalisation –because financiers see it as a high-risk business carried out mostly by micro-SMEs with few tangible assets. Today, access to financing for producers of audiovisual content has become even more difficult due to the financial crisis. For these reasons, the Commission took the initiative to set up a MEDIA Production Guarantee Fund for the audiovisual sector9.

http://ec.europa.eu/information_society/media/overview/index_en.htm

- MEDIA International Preparatory Action (2008-2010, budget: EUR 8 million)

The MEDIA International preparatory action aims to explore ways of reinforcing cooperation between European and third-country professionals from the audiovisual industry on a basis of mutual benefit. With a budget of EUR 2 million voted by the European Parliament for the year 2008, and EUR 5 million for 2009, subsequently reduced to EUR 1 million for the 2010 call, MEDIA International is planned to be the forerunner of a broader EU support programme for global cooperation in the audiovisual industry sector (MEDIA Mundus). MEDIA International runs in parallel with the existing MEDIA 2007 programme, which supports the EU film industry.

In February 2009 the second Call for Proposals was published (budget: EUR 5 million), aiming at (i) reinforcing the exchange of information and knowledge about audiovisual markets; (ii) improving the competitiveness and distribution of works from third countries within European markets and vice versa; and (iii) increasing the circulation and audience of these works.

Out of a total of 95 applications, 40 projects were finally selected. http://ec.europa.eu/information_society/media/overview/international/index_en.htm

- MEDIA Mundus (2011-2013, budget: EUR 15 million)

Adopted in October 2009, the new MEDIA Mundus programme will follow the MEDIA International preparatory action as of 2011. It aims at strengthening cultural and commercial relations between Europe’s film industry and professionals from all over the world. Building on the experience gained from MEDIA International, and planned to run from 2011 to 2013, the programme will increase consumer choice by bringing more culturally diverse products to European and international markets and will create new business opportunities for audiovisual professionals from Europe and around the globe.

The budget of EUR 5 million per year will fund projects submitted by audiovisual professionals from the EU and third countries on the basis of the principle of mutual benefit for both sides.

MEDIA Mundus will:

- Support training, including trainees and trainers from European and third countries.

- Support the organisation of forums for international co-productions.

- Encourage international sales and promotion of audiovisual works (e.g. cinema, TV, IPTV, Web TV and VOD platforms).

- Encourage cinema operators in European and third countries to increase, reciprocally, the programming and exhibition conditions of audiovisual works.

- Increase the supply of audiovisual content and improve conditions for broadcasting works from Europe and from third countries on TV, IPTV, Web TV, VOD platforms etc.

- Facilitate the organisation of events and media literacy initiatives, aimed in particular at young audiences.

http://ec.europa.eu/information_society/media/overview/media_mundus/index_fr.htm

2.2.3.Other initiatives

Media literacy is the ability to access the media, to understand and to critically evaluate different aspects of the media and media content and to create communications in a variety of contexts. Media literacy relates to all media and plays an important role in enhancing awareness of European audiovisual heritage and cultural identities and increasing knowledge of and interest in audiovisual heritage and recent European cultural works. Media literacy is a matter of inclusion and citizenship in today’s society.

The Commission’s initiative on media literacy responds to requests by the European Parliament and industry together with a number of Member States. At the end of 2007, the Commission adopted a Communication on media literacy and in 2009 came forward with a recommendation. The Commission actively promotes the development and exchange of good practice on media literacy in the digital environment through existing programmes and invites Member States and the media industry to increase people’s awareness of the many forms of media messages they encounter, be they advertisements, films or online content. In 2011, the Commission will report on ‘media literacy levels’ in all Member States based on an independent study.

http://ec.europa.eu/avpolicy/media_literacy/index_en.htm

Other actions in relation to the distribution of audiovisual content over electronic networks include ‘Content online’, for which the Commission launched a first public consultation in 2006. The Communication on ‘Content Online in Europe’s Single Market’ of 3 January 2008 triggered another public consultation on further relevant issues.10. This Communication also established the ‘Content Online Platform’, which gathered together 77 experts from all relevant sectors (rights holders, collecting societies, creators, content providers, telecommunication companies / ISPs, consumers) who discussed at five subsequent meetings new business models, legal offerings and the fight against piracy, management of copyright online, cultural diversity and protection of minors. In May 2009, the Final Report of the Content Online Platform was published11.

On the basis of this report and the ongoing discussions on the issues relevant to creative content online – particularly the ones related to intellectual property rights – the Commission published on 22 October 2009 a comprehensive Reflection Paper on Creative Content Online. It summarised the state of play and proposed possible solutions, having regard to the existing legal framework and modifications that would be necessary, and launched the latest public consultation, to which the Commission received more than 200 contributions.12

Furthermore the European Union is committed to protecting media pluralism as well as the right to information and freedom of expression enshrined in Article 11 of the Charter of Fundamental Rights. A phased approach to Media Pluralism was launched in January 2007. The first step was the publication of a Staff Working Paper which identified the relevant aspects of media pluralism such as internal and external pluralism, relations between politics, economic interests and media or access to media content.13. The second step was a comprehensive study presenting a system of indicators for measuring media pluralism in the Member States of the European Union, completed in 2009.14

2.3.EDUCATION AND TRAINING

The Commission Communication ‘Key competences for a changing world’15 takes stock of the implementation of the 2006 Recommendation on key competences for lifelong learning. As regards cultural awareness and expression, the Communication makes the point that while culture and the arts often form part of the school curriculum (except in vocational training, where the provision is generally very limited), in most Member States cultural awareness does not appear to be a significant strategic priority. The potential of the arts to provide a methodology for work in other areas of the curriculum, and in personal and social development, should be better exploited. This has implications for initial and continuing teacher education, which could incorporate methods borrowed from the arts into the methodology of all subjects.

Enhancing creativity at all levels of education and training and fostering cultural awareness as a key competence is also one of the four objectives of the new strategic framework for European cooperation in education and training (‘ET 2020’)16, which highlights the priority themes for future intergovernmental cooperation on education and training.

The Eurydice network launched a survey on ‘Arts and Cultural Education at Schools in Europe’ in the second half of 2007. The results published in December 2009 underlined the fact that arts education has the potential to develop in pupils not only skills related to creativity, but also different personal and social skills and attitudes. However, to bear fruit, arts education has to overcome certain challenges, such as a proportionally low level of taught time, particularly in lower secondary education, and specific difficulties related to assessment. Creating partnerships between the worlds of art and schools seems to be a good way of tackling these challenges and more generally promoting arts education in schools.

Work on the development of indicators for creativity is currently underway. Measuring creativity could be useful to monitor progress over time, e.g. in students’ achievements, as well as country comparison, peer review and policy learning on issues such as how education systems can enhance creativity. To discuss possible measurement methods, DG Education and Culture organised in 2009 a conference together with the Joint Research Centre (JRC)17. During the conference a wide-ranging debate took place between those studying creativity for the purpose of increasing individual efficiency, those linking it to competitiveness at the country level, and those trying to understand the role that education systems can play in fostering it.

- Lifelong Learning Programme 2007-2013

The Lifelong Learning Programme 2007-2013 has supported a wide range of actions connecting education and culture.

Enhancing creativity and supporting intercultural dialogue are among the specific objectives of the programme, and those themes of the European Years 2008 and 2009 account for a significant proportion of programme resources.

Since 2007, Comenius has supported far more projects dealing with the interaction between education and culture than in previous years. A trend towards a broader approach to the theme, involving more stakeholders, can be observed.

Some curriculum development projects supported by the Erasmus programme are of direct relevance to the cultural sector, such as the European Master on Arts, Culture and International Management (http://www.emacim.eu) or the curriculum development project in the area of ‘Ideation, Preservation and Presentation of Contemporary Visual Arts’. The ‘EDICC’ project aims at developing an academic curriculum for Continuing Education on Intercultural Competence. Other examples of projects in the field of culture are the creative partnership network ‘Artesnet Europe’, which sees itself as a Europe-wide ‘community of practice’ connecting practitioners from the creative/cultural sector, and the Polyfonia network that aims at introducing a European dimension into the Higher Music Education sector.

The Leonardo da Vinci programme has supported mobility projects and pilot projects in areas such as graphic design and fashion, cultural heritage, performing arts, media, cinema and audiovisual, music, archaeology, and architecture.

Within the Grundtvig programme in the field of adult education, transnational cooperation has often focused on culture and intercultural education. The culture-related Grundtvig projects primarily aim to improve the capacity of cultural institutions to be active players in the adult education field. Several projects are promoted by libraries, museums and art associations. In 2008, 118 Learning Partnerships on cultural subjects were approved; 79 projects were concerned with artistic education (theatre, music, dance, plastic arts and artisanal creativity); another 209 Adult Learning Partnerships dealt with intercultural education including identity and folklore; and 15 % of the new workshops tackle cultural issues.

http://ec.europa.eu/education

2.4.MULTILINGUALISM

Language is the most direct expression of a person’s culture, as well as a tool to understand other people’s culture. Together with respect for the individual, openness towards other cultures, dialogue and acceptance of others, respect for linguistic diversity is a core value of the European Union. Our many mother tongues are a source of wealth and a bridge to greater solidarity and mutual understanding. EU policies focus on preserving and fostering this linguistic diversity and promoting language learning.

Multilingualism has a significant contribution to make in the cultural field. Language courses are a great way to develop sensitivity towards cultural differences and to understand the ways in which culture and language interlock. Many language-oriented activities and projects in the Lifelong Learning Programme 2007-2013 have been linked to various forms of cultural expression and intercultural dialogue. In 2007 the Commission published a study (Languages and Cultures in Europe - LACE) identifying and assessing the nature, scope and extent of intercultural skills currently taught in compulsory foreign language education in the European Union.

Multilingualism contributes to intercultural dialogue and integration. In 2008 the Commission published a report from a High Level Group on Multilingualism composed of artists, intellectuals and cultural personalities explaining what needs to be done to turn linguistic diversity into an asset enabling citizens to enter into dialogue with people from different cultural backgrounds.

In the context of the civil society platform for multilingualism the Commission has been cooperating since the end of 2009 with EUNIC, the network of European National Cultural Institutes, in examining the cultural aspects of language learning. These aspects are becoming increasingly important for mobility in the single market, individual employability and personal development.

Initiatives have been launched in the field of literary translation, aiming mainly to raise the profile of literary translators, encouraging them to take advantage of the new opportunities offered by a growing market, supporting exchanges between residence centres, promoting the creation of internet platforms where literary translators can share legal advice, data bases, book synopses, models for contracts, and contacts with publishers. Moreover, two feasibility studies are being conducted on mobility grants for translators and a literary translation prize.

http://ec.europa.eu/education/languages

2.5.ACTIVE CITIZENSHIP

The Europe for Citizens Programme (2007-2013) was launched by the Commission on 1 January 2007. The concept of active citizenship refers to the participatory dimension of citizenship, now enshrined in the Lisbon Treaty. The programme seeks to encourage citizens to become actively involved in the process of European integration, to develop a sense of European identity and ownership, based on common values, history and culture. It also aims at enhancing tolerance and mutual understanding between European citizens, respecting and promoting cultural diversity, while contributing to intercultural dialogue.

In the context of this programme, culture is understood in its broader sociological rather than artistic sense, referring to history, ways of life and thinking, leading to identity and sense of belonging. The inclusion of a new ‘European Remembrance’ action, aimed at commemorating the victims of mass crimes perpetrated by Nazism and Stalinism, reflects this reinforced perspective, drawing lessons from Europe’s darkest history to help build the future.

The core values on which the EU is founded constitute a priority theme of the programme, as is intercultural dialogue. Projects supported under the Europe for Citizens programme help to raise awareness about the importance of developing active citizenship that is open to the world, respects cultural diversity and reflects the basic values of the EU. Types of activities include town twinning, transnational projects and networking between civil society organisations, NGOs, trade unions, think tanks, associations, and other non-governmental bodies. The actors and themes are diverse, but they all contribute to debate on our place in today’s Europe and our cultural roots.

http://ec.europa.eu/citizenship

2.6.YOUTH

Culture and creativity have been identified in the new EU Youth Strategy18 as a field of action for young people, since involvement in cultural activities contributes to their personal development and feeling of belonging to a community. Moreover, accessing culture reinforces awareness of sharing a common cultural heritage and promotes active citizenship open to the world. Culture can even allow young people to express their creative energy in a way that will help them to exploit future employment and entrepreneurial opportunities.

Member States and the European Commission are working together to enhance young people’s experience of culture and to develop their talent and creative skills. This includes making new technologies readily available to harness young people’s creativity, promoting specialised training in new media and intercultural competences for youth workers, and encouraging partnerships between culture & creative sectors and youth organisations or those active with young people.

A recently conducted study on youth access to culture in Europe19 highlights good practices and includes proposals for helping European institutions and Member States to overcome common obstacles such as cost and distance, and improve the access of all young people to all forms of creative and cultural activity.

Community youth programmes often offer young people the opportunity to engage in cultural activities. The general objectives of the Youth in Action programme (2007-2013) contribute to the development of EU culture policy, particularly as regards recognition of the cultural and linguistic diversity of Europe. In a similar vein, European Voluntary Service allows young people aged between 18 and 25 to spend up to 12 months abroad in order to contribute to local projects of many different types, including artistic and cultural activities.

Special emphasis has often been laid on the ‘intercultural dialogue’ dimension, reflecting in particular the idea that youth exchanges help above all to establish mutual trust and understanding and foster a spirit of active exchange.

http://ec.europa.eu/youth

2.7.COMMUNICATION

The link between culture and communication is a mutually-reinforcing one. On the one hand, culture influences the way we express ourselves and communicate with others. On the other hand, we learn about and from different cultures through communication. This means that if we want to continue to create a shared cultural space in Europe, communication must become intercultural across national borders, across various cultural backgrounds, languages and religious or philosophical convictions. Through the involvement of citizens in debates about the future of Europe, the communication strategy aims to create shared spaces where intercultural dialogue can take place, while fostering active European citizenship and a sense of European belonging.

EuroGlobe Pilot Action: Communication events using culture as a vehicle in 2010 and 2011

In 2007, 2008 and 2009, civil society initiatives aimed at developing European public spaces for debate, culture and learning were encouraged. Several projects received financial support for the organisation of events using culture as a communication vehicle in the Member States holding the rotating Presidency of the EU.

The overall aim is to foster a European public sphere for debate, culture and learning through the organisation of events that will promote an understanding of the relevance of the EU for culture and society in the Member States.

The overarching theme of the events financed is: ‘The relevance of the EU for culture and society in the country holding the Council’s Presidency’. Since the target audience is the public at large, the projects focus on communicating on the EU as a whole and not on its individual institutions.

For example, the European Film Festival EuroCiné featured 27 films from the 27 Member States on the occasion of the 60th Anniversary of the Schuman declaration, on 9 May 2010. The catalogue of films will be screened through UGC’s cinemas in Brussels, Luxembourg, Madrid, Rome and Strasbourg. The Festival included debates with film producers, EU decision-makers and the public. In 2011, the catalogue of 27 films will be digitalised for the first time, allowing simultaneous screenings in Budapest under the Hungarian Presidency of the EU and Warsaw under the Polish Presidency.

In the second half of 2010, music festivals featuring bands from the 27 Member States will be organised in Brussels, Namur and Antwerp. In parallel, debates on the EU and its policies will involve EU and national decision-makers and groups of youngsters attending the music festivals. In Namur and Antwerp, the music festivals will be dedicated to the topic of climate change.

http://ec.europa.eu/dgs/communication

2.8.COHESION POLICY

Culture has an important role to play in European economies, and there are many possibilities for financing under the instruments of the Cohesion Policy: support for innovation and for small and medium-sized enterprises (SMEs), funding for cultural services which integrate information and communication technologies, funding for research projects on the preservation and restoration of cultural heritage, etc. The instruments of the new Cohesion Policy 2007-13 should make it possible to tap all the potential of the cultural sphere, particularly that of the creative industries. The creation of networks and interregional cooperation activities, for instance, can be supported by Cohesion Policy funds.

Regions which benefit from the Convergence Objective have resources to invest in the protection, promotion and preservation of their cultural heritage and in the development of their cultural infrastructure, provided that these investments have a significant impact on the socio-economic development of the region. Measures to promote sustainable tourism and enhance a region’s appeal are also being supported.

The Competitiveness and Employment Objective allows beneficiary regions to invest in the protection and enhancement of local cultural heritage if this will have an impact on regional socio-economic development. Such investments may also relate to promotion of the regions’ cultural assets, with a view to developing sustainable tourism.

The Territorial Cooperation Objective allows regions to invest in culture. Cross-border cooperation will facilitate the development and shared use of cultural infrastructures. As regards transnational cooperation, financing will be available for measures to preserve and promote cultural heritage where these tie in with a sustainable urban development policy. In fact, measures to preserve and develop cultural heritage can be financed under special provisions for urban development in the new Regulation on the European Regional Development Fund (ERDF).

For the total of 434 operational programmes approved by the Commission over the period 2007-2013 amounting to EUR 347 billion, the Member States have earmarked EUR 6 billion for the ‘Culture’ heading, including EUR 2.9 billion for protection and preservation of cultural heritage, EUR 2.2 billion for the development of cultural infrastructure, and EUR 797 million for assistance to improve cultural services20.

There is, however, a lot more that Cohesion Policy with a total budget of EUR 347 billion and its tools will do for culture and its related industries. Further support will be provided under other relevant headings, such as Tourism, Urban regeneration, Research Technology Development, SME promotion, information society and human capital. Moreover, from the recent Strategic reporting21 figures, it appears that a substantial part (25.8 %) of the amounts planned for the ‘Culture’ heading has already been allocated by the Member States to selected operations.

A valuable contribution towards further mainstreaming of culture in regional development programmes comes from related innovative actions and territorial cooperation schemes carried out during the last funding period. For the category ‘heritage, culture and tourism’ of interregional cooperation (INTERREG III c), the experiences of no fewer than 42 projects can serve as inspiration for shapers and managers of the new programmes.

An initiative under the Territorial Cooperation objective, ‘Regions for Economic Change’, introduces new ways of boosting regional and urban networks and testing and rapidly disseminating innovative ideas among the operational programmes in Member States. Three of the twelve fast-track networks of this initiative relate to culture (cultural heritage, cultural industries and cultural diversity).

http://ec.europa.eu/regional_policy

2.9.INFORMATION SOCIETY

2.9.1.Digital Libraries initiative

Information and Communication Technologies can further enhance Europe’s rich cultural and linguistic diversity, by facilitating the creation of high-quality digital content, improving access to our shared heritage, and supporting its preservation. The Commission’s Digital Libraries initiative aims at making European cultural resources and scientific records easy to use in an online environment, by improving the framework conditions for digitisation and digital libraries in Europe, and by providing co-funding to relevant projects through EU programmes.

Europeana, Europe’s digital library, museum and archive, was launched in November 2008. The number of digital objects accessible through Europeana grew quickly from 2 to the current 7 million. These are books, journals, newspapers, maps, photos, images of museum objects and archaeological sites, films, documentaries, TV and radio broadcasts, music and other sound recordings. They originate from more than 1 000 cultural organisations across Europe. The service, still in a beta phase, has already in its first year attracted 6 million users, corresponding to 120 million hits. Planning for 2010 includes the target of 10 million digital objects, and the launch of a new version of Europeana.eu, bringing it from a prototype to a full service with new multilingual tools and community facilities.

In August 2009 the Commission adopted the Communication ‘Europeana - next steps’, looking ahead to the next phase of development of Europeana and its orientation for the future. The Communication also launched a public consultation, which triggered 118 contributions by stakeholders indicating widespread support for Europeana and the Digital Libraries initiative. On 27 November 2009, EU Culture Ministers addressed the issue of digitisation policies in Europe, and how to make books and other cultural content available through Europeana.

In particular, the issues of orphan and out-of-print works, raised by the High Level Expert Group on Digital Libraries (2006-2009), have been taken up by the Commission in its Communication on Copyright in the Knowledge Economy. An impact assessment on possible options for orphan works is ongoing, and further work with stakeholders on ways to facilitate rights clearance for digitisation and online dissemination has been announced, including simpler licensing arrangements.

The Member States’ Experts Group on Digitisation and Digital Preservation, set up in 2007, monitors progress made with the actions set out in the Commission Recommendation on Digitisation, Online Accessibility and Digital Preservation of Cultural Material22. Moreover, it facilitates exchange of best practices and experiences among Member States in areas such as accessibility standards for people with disabilities, large-scale digitisation facilities, orphan and out-of-print works. It also serves as a means to discuss topical issues such as Google Books (Public Private Partnerships) and the long-term funding and governance arrangements for Europeana.

The Commission has announced new measures for promoting digitisation and online accessibility of our cultural heritage in the framework of the new Digital Agenda for Europe.

http://ec.europa.eu/information_society/activities/digital_libraries/index_en.htm

2.9.2.ICT Policy Support Programme: digital libraries and multilingual web

The ICT Policy Support Programme (‘ICT PSP’) aims at stimulating innovation and competitiveness through wider uptake and best use of ICT by citizens, governments and businesses. 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’). ICT PSP encompasses activities on cultural, scientific and scholarly content, as well as on multilingual access to quality digital content for education, conducted under the eContent (2000-2004) and eContentplus (2005-2008) programmes.

One of the policies supported by the programme is the digital libraries initiative, aiming to improve the accessibility, use and preservation of Europe’s rich and diverse cultural and scientific heritage in the online environment. It further supports experiments with open access to scientific information and explores new paradigms for accessing and using this information. Through the ICT PSP the Commission intends to support activities that will continue to make more cultural and scientific content available online, whilst at the same time supporting the next development phase of the central Europeana service as an access portal to this content.

The budget allocated for digital libraries in 2009 was EUR 25 million. Funded projects directly related to Europeana include: EUROPEANA v. 1.0, supporting the European Digital Library Foundation to develop a new operational service; EUROPEANA CONNECT, for interoperable, multilingual and user-oriented services; and EUROPEANA LOCAL for making local and regional content accessible. Projects targeting specific types of cultural institutions in view of providing their content to Europeana include: EFG-European Film Gateway (film archives), APENET- Internet Gateway for Documents and Archives in Europe (archives) and ATHENA (museums).

The ICT PSP also supports linguistic diversity in the online universe through the theme ‘Multilingual Web’ theme, first introduced in the 2009 work programme with a budget of EUR 14 million. Nine high-impact pilot projects were selected following the 2009 call for proposals. These projects leverage the richness of languages and involve a significant number of European SMEs and particularly impressive participation on the part of the new EU Member States. The 2010 work programme provides for a budget of EUR 16 million for ‘Multilingual Web’. Its main objectives are: to build a European infrastructure for language resources (e.g. terminology bases, lexica, collections of translated documents, etc.) and to set up multilingual web services, for the public and private sector alike.

http://ec.europa.eu/information_society/activities/econtentplus/index_en.htm

2.10.RESEARCH

The Seventh Framework Programme (FP7) for research and development supports culture directly and indirectly through its specific programmes. Cultural aspects are included in a number of thematic priorities:

- Information society technologies: cultural heritage

The European Commission’s funded research in Information Society Technologies (IST) applied to cultural heritage deals with leading-edge information and communication technologies for expanding access to and use of Europe’s rich cultural and scientific resources. It also investigates how digital content created today will survive as the cultural and scientific knowledge of the future. Between 2006 and 2009 a total budget of EUR 51.1 million was devoted to supporting research projects that explored leading-edge information and communication technologies for accessing, experiencing and preserving cultural and scientific resources.

A total of 11 projects were funded through two FP7 calls for proposals in 2007 and 2008: Research and technical development in the form of large integrated projects on mass digitisation of European cultural heritage, 3D digitisation of cultural heritage artefacts, and preservation of audiovisual and film heritage, and on developing a digital preservation framework, coordination actions on multilingual information access and on digital library interoperability, and more targeted research projects dealing with virtual representations of urban environments as well as aspects of digital preservation and digital libraries, such as emulation, web archiving and data mining.

Funded projects include: 3D-COFORM, delivering new tools in the areas of 3D-capture and 3D-processing of cultural artefacts; PRESTOPRIME bringing together the main European institutions responsible for audiovisual archives to develop methods for preserving their content; IMPACT led by European national libraries is removing technological barriers in the field of mass digitisation and V-CITY is recreating historic urban environments using an innovative interactive 3D user interface.

In the 2009-2010 Work Programme of the Information and Communication Technologies theme of FP7, cultural heritage research is an essential part of Objective 4.1 of Challenge 4, ‘Digital Libraries and Digital Preservation’. The overall budget for 2009-2010 is EUR 69 million.

http://cordis.europa.eu/fp7/ict/telearn-digicult/home_en.html

- Information society technologies: multilingual technologies

Technology helps to maintain and promote Europe’s linguistic diversity. Automated translation, indexing, text analysis and speech processing enable communication across language barriers and make content accessible and understandable to speakers of any language. The FP7-ICT programme is an important source of financial support for multilingual technologies. The 2009 call for proposals provided language technology projects with EUR 26 million in co-funding. The selected projects address adaptive and self-learning machine translation, embedded in a collaborative online environment and making use of context and user feedback. In the next work programme for 2011-2012 support is expected to increase significantly to EUR 50 million for language technologies, ranging from multilingual content processing to information retrieval and speech-enabled conversational systems.

Actions in the field of language technology, funded through the CIP, ICT PSP and FP7-ICT programmes, have been supported as a priority in point 4.A.e of the Council Resolution of 21 November 2008 on a European Strategy for Multilingualism.23

More information:

http://cordis.europa.eu/fp7/ict/language-technologies/portfolio_en.html

- Social sciences and humanities

Within the ongoing Seventh Framework Programme (2007-2013), projects in the field of social sciences are supported through the specific programme on ‘Cooperation’, Theme 8: ‘Socio-economic sciences and Humanities’ (SSH). In this context, two activities are particularly relevant to culture.

Culture-related projects in the fields of social sciences and humanities are supported through Activity 5, ‘The citizen in the EU’ (total budget: EUR 11 million) addressing two areas: ‘Participation and citizenship in Europe’ and ‘Diversities and commonalities in Europe’. The two areas cover topics such as: European diversities and commonalities including their historical origins and evolution; cultural interactions from an international perspective; cultural heritage; identities including European identity; approaches to multiple coexisting cultures; the role of language; the arts and religions; attitudes and values. Examples of projects funded in these areas are: EUROFESTIVAL ‘Art festivals and the European public culture’ (http://www.euro-festival.org/); EUNAMUS ‘European national museums: Identity politics, the uses of the past and the European citizen’ (http://www.eunamus.eu/); GENDERACE ‘The use of racial anti-discrimination laws: gender and citizenship in a multicultural context’ (http://genderace.ulb.ac.be/); IME ‘Identities and modernities in Europe: European and national identity construction programmes, politics, culture, history and religion’ (http://fass.kingston.ac.uk/research/european/ime/); CRIC ‘Identity and conflict. Cultural heritage and the reconstruction of identities after conflict’ (http://www.cric.arch.cam.ac.uk/index.php); MediaAcT (‘Media Accountability and Transparency in Europe’) (http://www.mediaact.eu); and MEDIADEM (‘European Media Policies Revisited: Valuing and Reclaiming Free and Independent Media in Contemporary Democratic Systems’).

- In the same specific programme, Activity 3 on ‘Major trends in society and their implications’ addresses topics such as cultural exchanges, multiculturalism, dialogue and cultural diversity. Examples of funded projects through this activity include: RESPECT ‘Towards a topography of tolerance and equal respect. A comparative study of policies for the distribution of public spaces in culturally diverse societies’; ACCEPT ‘Tolerance, diversity and social cohesion responding to the challenges of the 21st century in Europe’; MEDIA & CITIZENSHIP: Transnational television cultures reshaping political identity in the European Union’ (http://www.media-citizenship.eu).

Furthermore, under Cooperation Theme 8 on ‘Socio-economic sciences and Humanities’, the European Commission co-funds HERA JRP ‘Humanities in the European Research Area - Joint Research Programme’, initiated by 13 national organisations funding humanities research. HERA JRP finances high-quality transnational collaborative research investigating how creativity is linked to innovation culturally, socially and economically. It also considers cultural dynamics, such as the crossover between ‘high culture’ and ‘low culture’ as well as how culture affects identity and social cohesion. A joint open call for transnational projects in two humanities research areas, namely ‘Cultural Dynamics: Inheritance and Identity’ and ‘Humanities as a Source of Creativity and Innovation’, was launched in January 2009. Nineteen collaborative research proposals involving consortia of at least three partners from three or more HERA JRP countries were awarded funding in December 2009.

www.heranet.info

- Mobility and Capacity-building

Other specific components of the Framework Programme are also broadly relevant to culture. The specific programme People’ supports mobility of researchers and training of PhD students in scientific fields related to culture.

Within the specific programme Capacities’, cultural aspects are highlighted mainly through projects linking science and society, where cultural means are often used to bridge the division between citizens and science. For example, the EUR 5.2 million PLACES project is bringing together networks of science museums and science centres, science events organisers and other key actors to promote scientific culture and communication. This four-year project is expected to define a model for a City of Scientific Culture. In future years links between scientific culture and other creative and cultural activities will be strengthened.

http://cordis.europa.eu/fp7/sis/home_en.html

- Culture and Environment

Within FP7, the ‘Environment (including climate change)’ theme through a specific sub-activity on ‘Cultural Heritage’ is supporting research on various subjects ranging from the development of advanced techniques and materials to non-destructive damage diagnosis, to methods of conservation and restoration, and mitigation and adaptation strategies for facing up to climate change and other environmental and human risks.

In its first four years, FP7 supported 16 projects on this topic for a total EC funding of EUR 32.5 million, including one large-scale project entitled ‘CLIMATE FOR CULTURE’, dealing with the impact of climate change on Cultural Heritage conservation strategies, a subject first addressed by the FP6 NOAH’s ARK project, which was awarded the Europa Nostra Prize in 2009.

- Joint Programming Initiative on Cultural Heritage and Climate Change

On 3 December 2009, the Competitiveness Council adopted conclusions endorsing the identification and substantiation of a Joint Programming Initiative (JPI) on ‘Cultural Heritage, Climate Change and Security’24, coordinated by Italy and initially supported by 14 countries. The Council invited the Commission to contribute to the preparation of the JPI25.

Joint Programming is a process whereby Member States address jointly areas where public research programmes can respond to major societal challenges (‘grand challenges’).

Joint Programming Initiatives will seek to align the national research programmes in order to develop a more effective response to the issue at stake. In this framework, Member States define, develop and implement a common vision and a Strategic Research Agenda (SRA). The Commission may contribute with measures to establish the proposed JPI. It is worth noting that the preservation of Cultural Heritage, affected by environmental and human factors, was one of the first priority areas to be identified for the implementation of this new instrument.

2.11.ENTERPRISE AND INDUSTRY

2.11.1.The Competitiveness and Innovation Programme

With a total budget of over EUR 3.6 billion for the period 2007-2013, the Competitiveness and Innovation Framework Programme (CIP) is the European funding instrument specially aimed at fostering the competitiveness of European firms, in particular small and medium-sized enterprises (SMEs). The programme is designed to encourage innovative activities, offering better access to finance as well as business support services. It also aims to enhance the use of information and communication technologies (ICT) as well as the use of renewable energies and energy efficiency.

The programme has supported various activities related to creative industries through its initiatives on innovation. Under the Europe INNOVA and Pro INNO Europe® initiatives, a number of pilot projects have been launched..

Examples of such projects are ADMIRE, aimed at enhancing the competitiveness of European SMEs through better use of design; the Innovation C.I.R.C.U.S. that examined the driving forces behind innovation, recording experiences of, and attitudes towards creativity and innovation in European regions; the Innovation Festival, celebrating innovation and creativity across six European cities; the ImMediaTe project aimed at supporting growth and innovation skills of SMEs in the Digital Media and Creative Industries; BCreative, aiming to support SMEs in the creative sector through streamlining different innovation support mechanisms. In addition, the EPISIS INNO-Net will look more closely at new markets generated by service innovation, such as by the creative industries.

http://www.europe-innova.eu and http://www.proinno-europe.eu

One of the CIP’s key instruments for supporting SMEs in their growth and innovation activities is the Enterprise Europe Network. Launched in 2008 by the European Commission, the Network provides a range of targeted business and innovation services to European SMEs. Combining the former Innovation Relay Centres and Euro Info Centres, the Enterprise Europe Network is made up of 577 organisations across 45 countries. The services of the Network – next to providing advice on business collaborations across borders – also help SMEs to access EU support programmes such as FP7.

The Enterprise Europe Network partners also provide support on a sectoral or cluster basis (Network sector groups). The creative industries sector group was recently established and held its first meeting in Birmingham in April 2010, hosted by the Birmingham Chamber of Commerce and Industry. The aim of the group is to showcase local creative activities to potential customers across the EU. It also tackles further upgrading of SME customers’ business models or fresh activity through seeking collaboration across the whole network into the internal market and beyond. The group should mobilise SMEs present at major cultural events throughout Europe to exchange on business or innovation opportunities and to mount trans-national deals involving SMEs.

Whilst creative industries represent a core element of culture and creative activity ranging from performing arts to games, fashion, design, etc., considerable synergy for further innovative commercial activity is to be derived from interaction with the ICT sector group (both on audiovisual production equipment and on digital content platforms) as well as the tourism and culture heritage sector group (role of art and creativity in enhancing tourism). The creative industries sector group of the Enterprise Europe Network has around twenty Network partners. It will be a catalyst for further take-up of innovative and commercial opportunities by the whole EU creative industry.

http://www.enterprise-europe-network.ec.europa.eu/index_en.htm

2.11.2.Small Business Act

Adopted in June 2008, the Small Business Act (SBA) for Europe reflects the Commission’s political will to recognise the central role of SMEs in the EU economy and for the first time puts into place a comprehensive SME policy framework for the EU and its Member States. The SBA aims to improve the overall approach to entrepreneurship, to irreversibly anchor the ‘Think Small first’ principle in policymaking from regulation to public service, and to promote SMEs’ growth by helping them tackle the remaining problems which hamper their development.

The Small Business Act for Europe applies to all companies which are independent and have fewer than 250 employees, meaning 99 % of all European businesses, among which a significant number of companies operate in the cultural and creative sector.

2.11.3.Design as a driver of innovation

In April 2009, the European Year of Creativity and Innovation, the European Commission published a staff working document entitled ‘Design as a driver of user-centred innovation26. It painted a broad picture of the benefits of design as a bridge between creativity and innovation, between culture and the market. It highlighted the potential of design to enhance the attractiveness of new products — e.g. by making technological inventions more user-friendly — as well as to bring innovation into mature markets. It also recognised that the application of design is not limited to aesthetics, but that as an innovation activity, it allows environmental, safety and other user considerations to be taken into account. As such, design complements more traditional innovation drivers such as research.

To explore what could be done at a European level to further support design, the European Commission launched an online public consultation on the topic on the basis of the staff working document. The consultation was received with a lot of interest by the stakeholders, with 91 percent of responding organisations saying that design is very important for the future competitiveness of the EU economy. 71 percent consider that its use is very important to achieve social objectives, and 72 percent think the same to achieve environmental objectives.

http://ec.europa.eu/enterprise/policies/innovation/policy/design-creativity

2.11.4.2.10.4. Creative industries and services innovation

Furthermore, in September 2009, the European Commission published a staff working document entitled ‘Challenges for EU support to innovation in services27, analysing the economic relevance of services in Europe and the potential of services innovation. The document concluded that the European policy approach to services innovation needs to be holistic and to make better use of available Community instruments in order to have a real impact. The analysis showed that the creative industries have one of the greatest innovation potentials in the services field.

http://ec.europa.eu/enterprise

2.12.EMPLOYMENT, SOCIAL AFFAIRS AND EQUAL OPPORTUNITIES

2.12.1.European Social Fund (ESF) and the culture sector 

The European Social Fund is continuing to make a considerable indirect contribution to culture through support for vocational training and pathways to employment. Creative industries are increasingly recognised as successful sectors of employment and are linked to the creation of enterprises. The ESF invests in the cultural field through many different ways; advice and training for entrepreneurs who wish to start a business in the creative sector, investing in training for public authorities’ staff working in the cultural or tourism area, grants for students studying in the artistic or cultural heritage field.

Art, photography, renovation, these are also fields that can help to reintegrate unemployed persons or attract young people who have left the traditional education system. The ESF invests in projects that encourage people to develop new skills in these areas and this often result in jobs for people previously considered as socially excluded. One example is Real Ideas Organisation (RIO) in England, a social enterprise working with young people and unemployed persons in the creative sector.

http://ec.europa.eu/employment_social/esf/

2.12.2.Social dialogue in the audiovisual and live performance sectors

- Audiovisual sector

In the EU, more than 2.3 million people are employed in publishing activities, video and television programme production, and programming, broadcasting and information service activities, and almost 1.2 million people work in printing and media reproduction. The progressive liberalisation of the audiovisual industries has led to an increasing division of labour across the value chain, particularly in the television sub-sector. A similar process has occurred within the field of radio broadcasting, with the growth of independent radio production companies and service providers. The initial expansion of the audiovisual sector has been followed by a process of rationalisation, with a handful of large players dominating the field in many countries.

The audiovisual industry faces various other challenges. In the public sector, there is a threat to licence fees and public funding, while in the commercial sector advertising revenue has collapsed and the number of work commissions has fallen, leading to financial instability. Problems that have arisen in the digital age include how to provide content across numerous platforms and increased piracy of creative output

Many workers in the audiovisual sector face irregular and unpredictable employment opportunities, atypical contractual relationships and lack of control over their working conditions. This means that safeguarding and enhancing a genuine professional status for cultural and media workers is vital to making a career viable. However, audiovisual sector workers have a recognised standard of competence which allows them to be mobile within the industry across the EU and beyond. They tend also to be highly skilled and are trained for the future requirements of the sector.

The Audiovisual Sectoral Social Dialogue Committee has only recently been established. So far, it has focused on enlargement and how to improve social dialogue in the new Member States, health and safety at work, training as a tool for change, equal opportunities and diversity; as well as following up EU draft legislation and policies (such as the revision of the Working Time Directive and the Directive on services in the internal market).

In 2009 a new sub-working group on training started its work in two test categories: journalists and technicians. The objective is to identify the needs of media and entertainment workers in the sector and to develop joint activities.

- Live performance sector

The live performance sector covers artistic and literary creation, interpretation, operation of arts facilities, fair and amusement parks and other entertainment activities in direct contact with the public. The EU live performance sector employs a million or so people, up to half of whom have the status of self-employed. Among the employees, almost a third work part-time. Moreover, more than 40 % of the workers are women, and more than 40 % of the workforce has a high education level.

The slow growth or even decline in public subsidies for the sector in EU countries in recent years has put the budgets of many established performing arts organisations under pressure. Moreover, the nature of the live performance sector necessitates significant geographical mobility. However, the European social partners consider that there is no satisfactory response to the problems of visas, work permits, residence, recognition of diplomas, status of artists in terms of social protection and taxation, which need to be resolved if workers are to be fully mobile. These problems stem from disparities in legislation between European countries.

The Live Performance Sectoral Social Dialogue Committee was established in 1999 and its rules of procedure were adopted in January 2003. It meets about six times a year, in biannual plenary meetings and dedicated working groups. Recent outputs of the Committee include a Joint Statement on the impact of the financial crisis in the live performance sector (2009), and the Bucharest and Sophia Declarations on strengthening social dialogue and reinforcing the capacities of national social partner organisations in the newer Member States in the performing arts sector (2007).

Currently, the Live Performance Sectoral Social Dialogue Committee is working on issues of EU enlargement, technical training in the theatre and mobility. In response to the European Year of Workers’ Mobility in 2006, they prepared a study on impediments to mobility in the EU live performance sector and on possible solutions.

2.12.3.Coordination of social security schemes for artists

Mobility of artists within the European Union is a particular problem area. In fact, EU law on the coordination of social security schemes does not easily apply to professionals who work frequently and for short periods of time under varying employment statuses in different Member States. Given that the problems are similar for different professional groups, the situation of highly mobile workers is being analysed as a whole rather than through a profession-specific approach.

The scope and limitations of existing rules determining the social security coverage of highly mobile groups of workers will be the subject of a Commission communication in 2011, which will draw up guidelines for implementing the current legal framework and explore possible adjustments.

Key issues for highly mobile workers are provision of information and acceleration of the administrative procedures. These aspects will be improved through the modernised Regulations for coordination of social security systems (originally Regulations 883/2004 and 574/2009), entering into force on 1 May 2010. Cooperation across Member States will be strengthened through new provisions and streamlined procedures. At the latest as from 1 May 2012, social security data will be exchanged electronically (EESSI system) so as to accelerate procedures and secure rights.

2.12.4.Access to culture for people with disabilities

Since March 2007, all EU Member States have signed the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and a majority have also signed its Optional Protocol. The European Community (now EU) has also signed the Convention and the Council adopted the Decision for conclusion of the Convention in November 2009. Furthermore, the Commission has issued a proposal for a Council decision to accede to the Optional Protocol.

Article 30 of the UNCRPD declares that State Parties recognise the right of persons with disabilities to take part on an equal basis with others in cultural life, and must take appropriate measures enabling them to: a) enjoy access to cultural materials in accessible formats; b) enjoy access to television programmes, films, theatre and other cultural activities, in accessible formats; c) enjoy access to places for cultural performances or services, such as theatres, museums, cinemas, libraries and tourism services, and, as far as possible, enjoy access to monuments and sites of national cultural importance. State Parties must also take appropriate measures giving persons with disabilities the opportunity to develop and utilise their creative, artistic and intellectual potential, not only for their own benefit but also for the enrichment of society.

The Commission is currently working on the development of a new EU Disability Strategy 2010-2020 to succeed the European Disability Action Plan (DAP) 2003-2010. The new strategy is expected to propose actions at EU level, as does the current DAP, and will also contribute to assessing the implementation of the UNCRPD.

2.12.5.Preventing poverty and social exclusion

2010 has been declared European Year for combating poverty and social exclusion. The role of culture in promoting the active participation in society of people who are experiencing poverty and exclusion is the focus of several events and initiatives organised in the framework of the Year, at both national and European levels.

http://ec.europa.eu/social

2.13.FREEDOM, SECURITY AND JUSTICE

2.13.1.Integration

Intercultural dialogue is a key dimension of a comprehensive integration policy for migrants. Its relevance is made clear in the Stockholm Programme which will shape immigration and integration policies within the EU for the next five years. Intercultural dialogue fosters open and cohesive societies through enhanced mutual understanding and respect, beyond cultural differences. Among the varied actions included under the banner of intercultural dialogue, organisation of cultural events may contribute to fostering a shared identity, allowing interaction between immigrants and Member State citizens, providing migrants with a better knowledge of their host society and increasing respect for cultural diversity, in line with the ‘Common Basic Principles on Integration’ established on 19 December 2004 by the Justice and Home Affairs (JHA) Council.

The European Fund for the Integration of third-country nationals (EIF), with EUR 825 million for the period 2007–2013, contributes through the programmes of the Member States to their efforts to develop and implement national integration strategies to facilitate the integration of third-country nationals into European societies, in conformity with the common basic principles. In addition, up to 7 % of the annual allocation for the Fund may be used for Community actions. As for 2009, actions in the field of culture may be co-financed as long as they promote understanding of the contribution that migrants make to European societies, involve the population as a whole in managing an increasingly diverse society, and encourage interaction between immigrants and the host population.

The European Web Site on Integration (http://ec.europa.eu/ewsi) aims to provide policy makers and practitioners working on integration in Europe with a tool for the exchange of information and good practice.

2.13.2.Visas and transnational mobility28

Transnational mobility has been integral to the European project from the very beginning, as the Rome Treaty included freedom of movement among the four freedoms necessary to build the common market. The Commission promotes mobility of workers and citizens both as a means to create a mobile and flexible workforce and as a way of breaking down barriers and building European solidarity. Removing obstacles to mobility is a responsibility shared by the Commission and the Member States.

The Commission is currently looking at the direct or indirect administrative and procedural obstacles created by national borders in the effective exercise of people’s rights resulting from Union citizenship, including the right of EU citizens and their family members to free movement and residence, with a view to identifying measures that can remove these obstacles, including for artists and cultural professionals. These measures will be set out in the Communication on Union citizenship that will be published in October 2010.

Mobility gives artists and culture professionals the opportunity to meet their peers, show their work to different audiences, acquire new professional skills and find inspiration. Moreover, mobility brings audiences into direct contact with cultural diversity and intercultural dialogue, stimulating the creation of a ‘European cultural area’. One aspect of mobility concerns the EU visa policy towards third-country nationals legally residing in a Member State not applying the common visa policy and artists residing outside the EU. Improvements on these issues are very relevant to the implementation of the Agenda for Culture, even if the concrete measures apply across the board and are not specifically focused on artists and culture professionals.

Restrictions on market access and mobility of artists and cultural practitioners should be addressed by Member States in the context of the implementation of Directive 2006/123/EC on the internal market for services. In addition, the points of single contact that have to be set up by all Member States should help to facilitate market access and mobility of artists and cultural practitioners.

2.13.3.Highly skilled workers

The Blue Card Directive29, which is part of a legislative package on labour migration announced in the Policy Plan on Legal Migration30, was formally adopted on 25 May 2009. This common European immigration scheme creates a fast-track and flexible procedure for the admission of highly qualified third-country immigrants, as well as attractive residence conditions for them and their family members, and can make things easier for those who might wish to move to a second Member State for highly qualified employment. Member States must transpose this Directive by 19 June 2011 at the latest.

This scheme does not specifically focus on workers in the field of culture, but they are covered whenever they fulfil the conditions laid down by the Directive, including in particular a work contract or binding job offer, a salary threshold and proof of the required educational qualifications. The salary threshold is to be fixed at 1.5 times the annual average wage in the Member State concerned, with the possibility of setting a lower threshold (1.2) for the so-called ‘professions in need’ (ISCO 1 and 2 major groups).

2.13.4.Community Code on Visas

The Regulation establishing a Community Code on Visas31, adopted by the European Parliament and the Council in 2009, became applicable on 5 April 2010. While the Regulation applies to all third country nationals subject to visa requirement, it also influences the mobility of artists and culture professionals. The Visa Code recasts the legal framework for the common visa policy and enhances transparency, equal treatment of applicants and legal certainty and brings about a harmonisation of the procedures for issuing visas.

The common visa policy covers short stays, i.e. envisaged stays with a maximum duration of 90 days in a period of 180 days. The territorial validity of a Schengen visa is limited to the Schengen area without internal borders (comprising at present 22 Member States and three associated States: Norway, Iceland and Switzerland. The UK and Ireland do not participate in this but apply national rules).

The Regulation clarifies which Member State is responsible for processing a visa application and defines the different phases for examination and decision taking. It includes new provisions on the issuance of multiple-entry visas under certain conditions and specifies categories of travellers for which the visa handling fee can be waived. The Visa Code contains a non-exhaustive harmonised list of documents that visa applicants might need to submit for justifying their intended journey and the procedures for verification. These lists are to be adapted to local circumstances. A decision on a visa application should generally be taken within 15 calendar days. The Regulation requires Member States to notify the grounds for refusal to the person concerned and gives such persons the right to appeal32.

All these measures contribute to the equal treatment of visa applicants and provide greater legal certainty to make the visa application process more reliable and calculable also for artists and culture professionals. Furthermore a Handbook for the processing of visa applications and the modification of issued visas has been drawn up, with the aim of ensuring harmonised application of the legal provisions.

Apart from these main rules contained in the Visa Code, visa facilitation 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 visa33

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 aim34 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 200835. 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 out36. 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 established39. 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 State40. 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 Directive41 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 Communication42 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 consultation43 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 proposal44 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 200945. 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 Directive46 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 legislation47 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 Economy48 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 proposal49 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 200850. 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 cooperation51. 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 countries52 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, Kosovo53 and Iceland). This complements the participation of the same countries (not all of them at this stage) in the Culture Programme54 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 201055 .

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.

- Kosovo56

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, AzerbaijanBelarus, 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 10th 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 10th 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 (9th EDF) included a programme of EUR 3 million. The agreement was signed in February 2008. In the 10th 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 9th 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 10th 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 12th 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.

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

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

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

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

14http://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’).

23http://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.

45http://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.

50http://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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