eunbil · GT0N1246 · 2006-05-12 00:00:00 — Developed countries shall facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals and practitioners, as well as cultural goods and services from developing countries. Article 17 - International cooperation in situations of serious threat to cultural Parties shall cooperate in providing assistance to each other, and, in particular to developing countries, in situations referred to under Article 8. Article 18 - for Cultural Diversity for Cultural Diversity, hereinafter referred to as "the Fund", is hereby established. shall consist of funds-in-trust established in accordance with the Financial Regulations of . The resources of the Fund shall consist of: voluntary contributions made by Parties; funds appropriated for this purpose by the General of ; contributions, gifts or bequests by other States; organizations and programmes of the United Nations system, other regional or international organizations; and public or private bodies or individuals; any interest due on resources of the Fund; funds raised through collections and receipts from events organized for the benefit of the Fund; any other resources authorized by the Funds regulations. The use of resources of the Fund shall be decided by basis of guidelines determined by the Conference of Parties referred to in Article 22. may accept contributions and other forms of assistance for general and specific purposes relating to specific projects, provided that those projects have been approved by it. No political, economic or other conditions that are incompatible with the objectives of this Convention may be attached to contributions made to the Fund. Parties shall endeavour to provide voluntary contributions on a regular basis towards the implementation of this Convention. Article 19 - Exchange, analysis and dissemination of information Parties agree to exchange information and share expertise concerning data collection and statistics on the diversity of cultural expressions as well as on best practices for its protection and promotion. shall facilitate, through the use of existing mechanisms within the Secretariat, the collection, analysis and dissemination of all relevant information, statistics and best practices. shall also establish and update a data bank on different sectors and governmental, private and non-profit organizations involved in the area of cultural expressions. To facilitate the collection of data, shall pay particular attention to capacity-building and the strengthening of expertise for Parties that submit a request for such assistance. The collection of information identified in this Article shall complement the information collected under the provisions of Article 9. V. Relationship to other instruments Article 20 - Relationship to other treaties: mutual supportiveness, Parties recognize that they shall perform in good faith their obligations under this Convention and all other treaties to which they are parties. Accordingly, without subordinating this Convention to any other treaty, they shall mutual supportiveness between this Convention and the other treaties to which they are parties; and when interpreting and applying the other treaties to which they are parties or when entering into other international obligations, Parties shall take into account the relevant provisions of this Convention. Nothing in this Convention shall be interpreted as modifying rights and obligations of the Parties under any other treaties to which they are parties. Article 21 - International consultation and coordination Parties undertake to promote the objectives and principles of this Convention in other international forums. For this purpose, Parties shall consult each other, as appropriate, bearing in mind these objectives and principles. Organs of the Convention Article 22 - Conference of Parties A Conference of Parties shall be established. The Conference of Parties shall be the plenary and supreme body of this Convention. The Conference of Parties shall meet in ordinary session every two years, as far as possible, in conjunction with the General of . It may meet in extraordinary session if it so decides or if receives a request to that effect from at least one-third of the Parties. The Conference of Parties shall adopt its own rules of procedure. The functions of the Conference of Parties shall be, inter alia: to elect the Members of ; to receive and examine reports of the Parties to this Convention transmitted by ; to approve the operational guidelines prepared upon its request by ; to take whatever other measures it may consider necessary to further the objectives of this Convention. of the Diversity of Cultural Expressions, hereinafter referred to as "", shall be established within . It shall be composed of representatives of 18 States Parties to the Convention, elected for a term of four years by the Conference of Parties upon entry into force of this Convention pursuant to Article 29. shall meet annually. shall function under the authority and guidance of and be accountable to the Conference of Parties. The Members of shall be increased to 24 once the number of Parties to the Convention reaches 50. The election of Members of shall be based on the principles of equitable geographical representation as well as rotation. Without prejudice to the other responsibilities conferred upon it by this Convention, the functions of shall be: to promote the objectives of this Convention and to encourage and monitor the implementation thereof; to prepare and submit for approval by the Conference of Parties, upon its request, the operational guidelines for the implementation and application of the provisions of the Convention; to transmit to the Conference of Parties reports from Parties to the Convention, together with its comments and a summary of their contents; to make appropriate recommendations to be taken in situations brought to its attention by Parties to the Convention in accordance with relevant provisions of the Convention, in particular Article 8; to establish procedures and other mechanisms for consultation aimed at promoting the objectives and principles of this Convention in other international forums; to perform any other tasks as may be requested by the Conference of Parties. , in accordance with its Rules of Procedure, may invite at any time public or private organizations or individuals to participate in its meetings for consultation on specific issues. shall prepare and submit to the Conference of Parties, for approval, its own Rules of Procedure. Article 24 - Secretariat The organs of the Convention shall be assisted by the Secretariat. The Secretariat shall prepare the documentation of the Conference of Parties and as well as the agenda of their meetings and shall assist in and report on the implementation of their decisions. Article 25 - Settlement of disputes In the event of a dispute between Parties to this Convention concerning the interpretation or the application of the Convention, the Parties shall seek a solution by negotiation. If the Parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. If good offices or mediation are not undertaken or if there is no settlement by negotiation, good offices or mediation, a Party may have recourse to conciliation in accordance with the procedure laid down in the of this Convention. The Parties shall consider in good faith the proposal made by the Conciliation Commission for the resolution of the dispute. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it does not recognize the conciliation procedure provided for above. having made such a declaration may, at any time, withdraw this declaration by notification to the Director-General of . Article 26 - Ratification, acceptance, approval or accession by Member States This Convention shall be subject to ratification, acceptance, approval or accession by Member States of in accordance with their respective constitutional procedures. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General of . Article 27 - Accession This Convention shall be open to accession by all States not Members of but members of the United Nations, or of any of its specialized agencies, that are invited by the General of to accede to it. This Convention shall also be open to accession by territories which enjoy full internal self-government recognized as such by the United Nations, but which have not attained full independence in accordance with General resolution (XV), and which have competence over the matters governed by this Convention, including the competence to enter into treaties in respect of such matters. The following provisions apply to regional economic integration organizations: This Convention shall also be open to accession by any regional economic integration organization, which shall, except as provided below, be fully bound by the provisions of the Convention in the same as States Parties; In the event that one or more Member States of such an organization is also Party to this Convention, the organization and such or States shall decide on their responsibility for the performance of their obligations under this Convention. Such distribution of responsibility shall take effect following completion of the notification procedure described in subparagraph (c). The organization and the Member States shall not be entitled to exercise rights under this Convention concurrently. In addition, regional economic integration organizations, in matters within their competence, shall exercise their rights to vote with a number of votes equal to the number of their Member States that are Parties to this Convention. Such an organization shall not exercise its right to vote if any of its Member States exercises its right, and vice-versa; A regional economic integration organization and its or States which have agreed on a distribution of responsibilities as provided in subparagraph (b) shall inform the Parties of any such proposed distribution of responsibilities in the following : (i) in their instrument of accession, such organization shall declare with specificity, the distribution of their responsibilities with respect to matters governed by the Convention; (ii) in the event of any later modification of their respective responsibilities, the regional economic integration organization shall inform the depositary of any such proposed modification of their respective responsibilities; the depositary shall in turn inform the Parties of such modification; Member States of a regional economic integration organization which become Parties to this Convention shall be presumed to retain competence over all matters in respect of which transfers of competence to the organization have not been specifically declared or informed to the depositary; "Regional economic integration organization" means an organization constituted by sovereign States, members of the United Nations or of any of its specialized agencies, to which those States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to become a Party to it. The instrument of accession shall be deposited with the Director-General of . Article 28 - Point of contact Upon becoming Parties to this Convention, each Party shall designate a point of contact as referred to in Article 9. Article 29 - Entry into force This Convention shall enter into force three months after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession, but only with respect to those States or regional economic integration organizations that have deposited their respective instruments of ratification, acceptance, approval, or accession on or before that date. It shall enter into force with respect to any other Party three months after the deposit of its instrument of ratification, acceptance, approval or accession. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by Member States of the organization. Article 30 - Federal or non-unitary constitutional systems Recognizing that international agreements are equally binding on Parties regardless of their constitutional systems, the following provisions shall apply to Parties which have a federal or non-unitary constitutional system: with regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those Parties which are not federal States; with regard to the provisions of the Convention, the implementation of which comes under the jurisdiction of individual constituent units such as States, counties, provinces, or cantons which are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform, as necessary, the competent authorities of constituent units such as States, counties, provinces or cantons of the said provisions, with its recommendation for their adoption. Article 31 - Denunciation to this Convention may denounce this Convention. The denunciation shall be notified by an instrument in writing deposited with the Director-General of . The denunciation shall take effect 12 months after the receipt of the instrument of denunciation. It shall in no way affect the financial obligations of the Party denouncing the Convention until the date on which the withdrawal takes effect. Article 32 - Depositary functions The Director-General of , as the depositary of this Convention, shall inform the Member States of the Organization, the States not members of the Organization and regional economic integration organizations referred to in Article 27, as well as the United Nations, of the deposit of all the instruments of ratification, acceptance, approval or accession provided for in Articles 26 and 27, and of the denunciations provided for in Article 31. Article 33 - Amendments A Party to this Convention may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall circulate such communication to all Parties. If, within six months from the date of dispatch of the communication, no less than one half of the Parties reply favourably to the request, the Director-General shall present such proposal to the next session of the Conference of Parties for discussion and possible adoption. Amendments shall be adopted by a two-thirds majority of Parties present and voting. Once adopted, amendments to this Convention shall be submitted to the Parties for ratification, acceptance, approval or accession. For Parties which have ratified, accepted, approved or acceded to them, amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this Article by two-thirds of the Parties. Thereafter, for each Party that ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into force three months after the date of deposit by that Party of its instrument of ratification, acceptance, approval or accession. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 23 concerning the number of Members of . These amendments shall enter into force at the time they are adopted. A State or a regional economic integration organization referred to in Article 27 which becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention, be considered to be: Party to this Convention as so amended; and a Party to the unamended Convention in relation to any Party not bound by the amendments. Article 34 - Authoritative texts This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, all six texts being equally authoritative. Article 35 - Registration In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of . Article 1 - Conciliation Commission A Conciliation Commission shall be created upon the request of one of the Parties to the dispute. The Commission shall, unless the Parties otherwise agree, be composed of five members, two appointed by each Party concerned and a President chosen jointly by those members. Article 2 - Members of the Commission In disputes between more than two Parties, Parties in the same interest shall appoint their members of the Commission jointly by agreement. Where two or more Parties have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint their members separately. Article 3 - Appointments If any appointments by the Parties are not made within two months of the date of the request to create a Conciliation Commission, the Director-General of shall, if asked to do so by the Party that made the request, make those appointments within a further two-month period. Article 4 - President of the Commission If a President of the Conciliation Commission has not been chosen within two months of the last of the members of the Commission being appointed, the Director-General of shall, if asked to do so by a Party, designate a President within a further two-month period. Article 5 - Decisions The Conciliation Commission shall take its decisions by majority vote of its members. It shall, unless the Parties to the dispute otherwise agree, determine its own procedure. It shall render a proposal for resolution of the dispute, which the Parties shall consider in good faith. Article 6 - Disagreement A disagreement as to whether the Conciliation Commission has competence shall be decided by the Commission. 1(b) DECLARATION OF THE EUROPEAN COMMUNITY IN APPLICATION OF ARTICLE 27(3)(C) OF THE CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS The current members of Community are the Kingdom of , the , the Kingdom of , the Federal Republic of , the Republic of Estonia, the Hellenic Republic, the Kingdom of , the French Republic, , the Italian Republic, the Republic of , the Republic of , the Republic of , the Grand Duchy of , the Republic of , the Republic of , the Kingdom of the , the Republic of , the Republic of , the Portuguese Republic, the Republic of , the Slovak Republic, the Republic of , the Kingdom of and the of and Northern . This Declaration indicates the competences transferred to the Community by the Member States under the Treaties, in the areas covered by the Convention. The Community has exclusive competence for the common commercial policy (Articles 131-134 of the Treaty), except for the commercial aspects of intellectual property and trade in services in those areas set out in Article 133 (5) and (6) of the Treaty (in particular, in this context, trade in cultural and audiovisual services) where responsibility is shared between the Community and the Member States. It conducts a development cooperation policy (Articles 177-181 of the Treaty) and a policy of cooperation with industrialised countries (Article 181a of the Treaty) without prejudice to the respective competences of the Member States. It has shared competence as regards the free movement of goods, persons, services and capital (Articles 23-31 and 39-60 of the Treaty), competition (Articles 81-89 of the Treaty) and the internal market, including intellectual property (Articles 94-97 of the Treaty). Pursuant to Article 151 of the Treaty, in particular paragraph 4 thereof, the Community takes cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures. The Community acts listed below illustrate the extent of the area of competence of the Community in accordance with the provisions establishing Community. Council Decision 94/800/EC of concerning the conclusion on behalf of Community, as regards matters within its competence, of the Agreements reached in the Round multilateral negotiations (1986 to 1994) (OJ L 336, 23.12.1994 ). Council Regulation (EC) No 2501/2001 of applying a scheme of generalised tariff preferences for the period from 1 January 2002 to - Statements on a Council Regulation applying a scheme of generalised tariff preferences for the period from 1 January 2002 to (OJ L 346, 31.12.2001, p. 0001 - 0060). Council Decision 2005/599/EC of 21 2005 concerning the signing, on behalf of Community, of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and , of the one part, and Community and its Member States, of the other part, signed in on 23 2000 (OJ L 209 11.08.2005, p. Council Regulation (EC) No 2698/2000 of amending Regulation (EC) No 1488/96 on financial and technical measures to accompany the reform of economic and social structures in the framework of the partnership () (OJ L 311, 12.12.2000, p. Council Regulation (EEC) No 3906/89 of on economic aid to the Republic of and the Polish People"s Republic, and subsequent amendments, still applicable to and (OJ L 375 , 23/12/1989 P. 0011 - 0012). Council Regulation (EC) No 2666/2000 of on assistance for , Bosnia and , , the Federal Republic of and the Former Yugoslav Republic of and repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC (OJ L 306, 7.12.2000, p. Council Regulation (EEC) No 443/92 of 25 February 1992 on financial and technical assistance to, and economic cooperation with, the developing countries in and Latin (OJ L 52, 27.2.1992, p. Council Regulation (EC, Euratom) No 99/2000 of concerning the provision of assistance to the partner in Eastern Europe and Central (OJ L 12, , p. Decision No 792/2004/EC of Parliament and of the Council of establishing a Community action programme to promote bodies at European level in the field of culture (OJ L 138, 30.04.2004, p. Decision No 508/2000/EC of Parliament and 2000 establishing the Culture 2000 programme (OJ L 063, 10.03.2000, p. Decision No 1419/1999/EC of Parliament and of 1999 establishing a Community action for Capital of Culture event for the years 2005 to 2019 (OJ L 166, 01.07.1999, p. Council Decision of regarding the future of European cultural action (OJ C 305, 07.10.1997, p. Council Decision of on cross-border fixed book prices in European linguistic areas (OJ C 305, 07.10.1997, p. Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by , Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. Directive amended by Directive 97/36/EC of Parliament and of the Council (OJ L 202, 30.07.1997, p. Council Decision 2000/821/EC of on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p 0082-0091). Decision No 163/2001/EC of Parliament and of 2001 on the implementation of a training programme for professionals in audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 026, 27.01.2001, p.