eunbil · GT0N1246 · 2006-05-12 00:00:00 — THE EUROPEAN UNION , 2 2006 en) Interinstitutional File: 2005/0268 (CNS) 8668/06 MI 90 LEGISLATIVE ACTS AND OTHER INSTRUMENTS Subject : Council Decision on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions COUNCIL DECISION of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing Community, and in particular Articles 133, 151, 181 and 181a in conjunction with the second sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3), thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of Parliament , In , the Council authorised the Commission to participate, on behalf of the Community, in negotiations at the United Nations Educational, Scientific and () concerning a Convention on the Protection and Promotion of the Diversity of Cultural Expressions, hereinafter referred to as the "Convention". The Commission participated in these negotiations, together with the Member States. The Convention was adopted at the General of in on 20 October 2005. The Convention constitutes a relevant and effective pillar for promoting cultural diversity and cultural exchanges, to which both the Community, as reflected in Article 151(4) of the Treaty, and its Member States, attach the greatest importance. It contributes towards ensuring mutual respect and understanding between cultures at world level. The Convention should be approved as soon as possible. Both the Community and its Member States have competence in the fields covered by the Convention. The Community and the Member States should therefore become Contracting Parties to it, so that together they can fulfil the obligations laid down by the Convention and exercise the rights invested in them by it, in situations of mixed competence in a coherent , The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is hereby approved on behalf of the Community. The text of the Convention is contained in 1(a) to this Decision. The President of the Council is hereby authorised to designate the person(s) empowered to deposit the instrument of accession, on behalf of the Community, with the Director-General of , in accordance with Article 27 of the Convention. The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the declaration of competence contained in 1(b) to this Decision, in accordance with Article 27(3)(c) of the Convention. The President of the Council is hereby authorised to designate the person(s) empowered to issue the Unilateral Declaration reproduced in 2 to this Decision at the time of the deposition of the instrument of accession. In respect of matters falling within the Community"s competence, the Commission shall represent the Community at meetings of the bodies created by the Convention, in particular the Conference of the Parties referred to in Article 22 thereof, and shall negotiate on its behalf concerning questions falling within the remit of those bodies. This Decision shall be published in the . 1(a) CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS of the United Nations Educational, Scientific and , meeting in from 3 to 21 October 2005 at its 33rd session, Affirming that cultural diversity is a defining characteristic of humanity, Conscious that cultural diversity forms a common heritage of humanity and should be cherished and preserved for the benefit of all, Being aware that cultural diversity creates a rich and varied world, which increases the range of choices and nurtures human capacities and values, and therefore is a mainspring for sustainable development for communities, peoples and nations, Recalling that cultural diversity, flourishing within a framework of democracy, tolerance, social and mutual respect between peoples and cultures, is indispensable for peace and security at the local, national and international levels, Celebrating the importance of cultural diversity for the full realization of human rights and fundamental freedoms proclaimed in the and other universally recognized instruments, Emphasizing the need to incorporate culture as a strategic element in national and international development policies, as well as in international development cooperation, taking into account also the United Nations Millennium Declaration (2000) with its special emphasis on poverty eradication, Taking into account that culture takes diverse forms across time and space and that this diversity is embodied in the uniqueness and plurality of the identities and cultural expressions of the peoples and societies making up humanity, Recognizing the importance of traditional knowledge as a source of intangible and material wealth, and in particular the knowledge systems of indigenous peoples, and its positive contribution to sustainable development, as well as the need for its adequate protection and promotion, Recognizing the need to take measures to protect the diversity of cultural expressions, including their contents, especially in situations where cultural expressions may be threatened by the possibility of extinction or serious impairment, Emphasizing the importance of culture for social cohesion in general, and in particular its potential for the enhancement of the status and role of women in society, Being aware that cultural diversity is strengthened by the free flow of ideas, and that it is nurtured by exchanges and interaction between cultures, Reaffirming that freedom of thought, expression and information, as well as diversity of the media, enable cultural expressions to flourish within societies, Recognizing that the diversity of cultural expressions, including traditional cultural expressions, is an important factor that allows individuals and peoples to express and to share with others their ideas and values, Recalling that linguistic diversity is a fundamental element of cultural diversity, and reaffirming the fundamental role that education plays in the protection and promotion of cultural expressions, Taking into account the importance of the vitality of cultures, including for persons belonging to minorities and indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural expressions and to have access thereto, so as to benefit them for their own development, Emphasizing the vital role of cultural interaction and creativity, which nurture and renew cultural expressions and enhance the role played by those involved in the development of culture for the progress of society at large, Recognizing the importance of intellectual property rights in sustaining those involved in cultural creativity, Being convinced that cultural activities, goods and services have both an economic and a cultural nature, because they convey identities, values and meanings, and must therefore not be treated as solely having commercial value, Noting that while the processes of globalization, which have been facilitated by the rapid development of information and communication technologies, afford unprecedented conditions for enhanced interaction between cultures, they also represent a challenge for cultural diversity, namely in view of risks of imbalances between rich and poor countries, Being aware of UNESCOs specific mandate to ensure respect for the diversity of cultures and to recommend such international agreements as may be necessary to promote the free flow of ideas by word and image, Referring to the provisions of the international instruments adopted by relating to cultural diversity and the exercise of cultural rights, and in particular the of 2001, Adopts this Convention on 20 October 2005. I. Objectives and guiding principles Article 1 - Objectives The objectives of this Convention are: to protect and promote the diversity of cultural expressions; to create the conditions for cultures to flourish and to freely interact in a mutually beneficial ; to encourage dialogue among cultures with a view to ensuring wider and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace; to interculturality in order to develop cultural interaction in the spirit of among peoples; to promote respect for the diversity of cultural expressions and raise awareness of its value at the local, national and international levels; to reaffirm the importance of the link between culture and development for all countries, particularly for developing countries, and to support actions undertaken nationally and internationally to secure recognition of the true value of this link; to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning; to reaffirm the sovereign rights of States to maintain, adopt and implement policies and measures that they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory; to strengthen international cooperation and solidarity in a spirit of partnership with a view, in particular, to enhancing the capacities of developing countries in order to protect and promote the diversity of cultural expressions. Article 2 - Guiding principles Principle of respect for human rights and fundamental freedoms Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and fundamental freedoms as enshrined in the or guaranteed by international law, or to limit the scope thereof. States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to adopt measures and policies to protect and promote the diversity of cultural expressions within their territory. Principle of equal dignity of and respect for all cultures The protection and promotion of the diversity of cultural expressions presuppose the recognition of equal dignity of and respect for all cultures, including the cultures of persons belonging to minorities and indigenous peoples. Principle of international solidarity and cooperation International cooperation and solidarity should be aimed at enabling countries, especially developing countries, to create and strengthen their means of cultural expression, including their cultural industries, whether nascent or established, at the local, national and international levels. Principle of the complementarity of economic and cultural aspects of development Since culture is one of the mainsprings of development, the cultural aspects of development are as important as its economic aspects, which individuals and peoples have the fundamental right to participate in and enjoy. Principle of sustainable development Cultural diversity is a rich asset for individuals and societies. The protection, promotion and maintenance of cultural diversity are an essential requirement for sustainable development for the benefit of present and future generations. Principle of equitable access Equitable access to a rich and diversified range of cultural expressions from all over the world and access of cultures to the means of expressions and dissemination constitute important elements for enhancing cultural diversity and encouraging mutual understanding. Principle of openness and balance When States adopt measures to support the diversity of cultural expressions, they should seek to promote, in an appropriate , openness to other cultures of the world and to ensure that these measures are geared to the objectives pursued under the present Convention. Article 3 - Scope of application This Convention shall apply to the policies and measures adopted by the Parties related to the protection and promotion of the diversity of cultural expressions. Article 4 - Definitions For the purposes of this Convention, it is understood that: "Cultural diversity" refers to the manifold ways in which the cultures of groups and societies find expression. These expressions are passed on within and among groups and societies. Cultural diversity is made manifest not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used. "Cultural content" refers to the symbolic meaning, artistic dimension and cultural values that originate from or express cultural identities. "Cultural expressions" are those expressions that result from the creativity of individuals, groups and societies, and that have cultural content. Cultural activities, goods and services "Cultural activities, goods and services" refers to those activities, goods and services, which at the time they are considered as a specific attribute, use or purpose, embody or convey cultural expressions, irrespective of the commercial value they may have. Cultural activities may be an end in themselves, or they may contribute to the production of cultural goods and services. "Cultural industries" refers to industries producing and distributing cultural goods or services as defined in paragraph 4 above. Cultural policies and measures "Cultural policies and measures" refers to those policies and measures relating to culture, whether at the local, national, regional or international level that are either focused on culture as such or are designed to have a direct effect on cultural expressions of individuals, groups or societies, including on the creation, production, dissemination, distribution of and access to cultural activities, goods and services. "Protection" means the adoption of measures aimed at the preservation, safeguarding and enhancement of the diversity of cultural expressions. "Protect" means to adopt such measures. "Interculturality" refers to the existence and equitable interaction of diverse cultures and the possibility of generating shared cultural expressions through dialogue and mutual respect. Rights and obligations of Parties Article 5 - General rule regarding rights and obligations The Parties, in conformity with the Charter of the United Nations, the principles of international law and universally recognized human rights instruments, reaffirm their sovereign right to formulate and implement their cultural policies and to adopt measures to protect and promote the diversity of cultural expressions and to strengthen international cooperation to achieve the purposes of this Convention. When a Party implements policies and takes measures to protect and promote the diversity of cultural expressions within its territory, its policies and measures shall be consistent with the provisions of this Convention. Article 6 - Rights of parties at the national level Within the framework of its cultural policies and measures as defined in Article 4.6 and taking into account its own particular circumstances and needs, each Party may adopt measures aimed at protecting and promoting the diversity of cultural expressions within its territory. Such measures may include the following: regulatory measures aimed at protecting and promoting diversity of cultural expressions; measures that, in an appropriate , provide opportunities for domestic cultural activities, goods and services among all those available within the national territory for the creation, production, dissemination, distribution and enjoyment of such domestic cultural activities, goods and services, including provisions relating to the language used for such activities, goods and services; measures aimed at providing domestic independent cultural industries and activities in the informal sector effective access to the means of production, dissemination and distribution of cultural activities, goods and services; measures aimed at providing public financial assistance; measures aimed at encouraging non-profit organizations, as well as public and private institutions and artists and other cultural professionals, to develop and promote the free exchange and circulation of ideas, cultural expressions and cultural activities, goods and services, and to stimulate both the creative and entrepreneurial spirit in their activities; measures aimed at establishing and supporting public institutions, as appropriate; measures aimed at nurturing and supporting artists and others involved in the creation of cultural expressions; measures aimed at enhancing diversity of the media, including through public service broadcasting. Article 7 - Measures to promote cultural expressions Parties shall endeavour to create in their territory an environment which encourages individuals and social groups: to create, produce, disseminate, distribute and have access to their own cultural expressions, paying due attention to the special circumstances and needs of women as well as various social groups, including persons belonging to minorities and indigenous peoples; to have access to diverse cultural expressions from within their territory as well as from other countries of the world. Parties shall also endeavour to recognize the important contribution of artists, others involved in the creative process, cultural communities, and organizations that support their work, and their central role in nurturing the diversity of cultural expressions. Article 8 - Measures to protect cultural expressions Without prejudice to the provisions of Articles 5 and 6, a Party may determine the existence of special situations where cultural expressions on its territory are at risk of extinction, under serious threat, or otherwise in need of urgent safeguarding. Parties may take all appropriate measures to protect and preserve cultural expressions in situations referred to in paragraph 1 in a consistent with the provisions of this Convention. Parties shall report to referred to in Article 23 all measures taken to meet the exigencies of the situation, and the Committee may make appropriate recommendations. Article 9 - Information sharing and transparency provide appropriate information in their reports to every four years on measures taken to protect and promote the diversity of cultural expressions within their territory and at the international level; designate a point of contact responsible for information sharing in relation to this Convention; share and exchange information relating to the protection and promotion of the diversity of cultural expressions. Article 10 - Education and public awareness encourage and promote understanding of the importance of the protection and promotion of the diversity of cultural expressions, inter alia, through educational and greater public awareness programmes; cooperate with other Parties and international and regional organizations in achieving the purpose of this article; endeavour to encourage creativity and strengthen production capacities by setting up educational, training and exchange programmes in the field of cultural industries. These measures should be implemented in a which does not have a negative impact on traditional forms of production. Article 11 - Participation of civil society Parties acknowledge the fundamental role of civil society in protecting and promoting the diversity of cultural expressions. Parties shall encourage the participation of civil society in their efforts to achieve the objectives of this Convention. Article 12 - Promotion of international cooperation Parties shall endeavour to strengthen their bilateral, regional and international cooperation for the creation of conditions conducive to the promotion of the diversity of cultural expressions, taking particular account of the situations referred to in Articles 8 and 17, notably in order to: facilitate dialogue among Parties on cultural policy; enhance public sector strategic and management capacities in cultural public sector institutions, through professional and international cultural exchanges and sharing of best practices; reinforce partnerships with and among civil society, non-governmental organizations and the private sector in fostering and promoting the diversity of cultural expressions; promote the use of new technologies, encourage partnerships to enhance information sharing and cultural understanding, and the diversity of cultural expressions; encourage the conclusion of co-production and co-distribution agreements. Article 13 - Integration of culture in sustainable development Parties shall endeavour to integrate culture in their development policies at all levels for the creation of conditions conducive to sustainable development and, within this framework, aspects relating to the protection and promotion of the diversity of cultural expressions. Article 14 - Cooperation for development Parties shall endeavour to support cooperation for sustainable development and poverty reduction, especially in relation to the specific needs of developing countries, in order to the emergence of a dynamic cultural sector by, inter alia, the following means: the strengthening of the cultural industries in developing countries through: creating and strengthening cultural production and distribution capacities in developing countries; facilitating wider access to the global market and international distribution networks for their cultural activities, goods and services; enabling the emergence of viable local and regional markets; adopting, where possible, appropriate measures in developed countries with a view to facilitating access to their territory for the cultural activities, goods and services of developing countries; providing support for creative work and facilitating the mobility, to the extent possible, of artists from the developing world; encouraging appropriate collaboration between developed and developing countries in the areas, inter alia, of music and film; capacity-building through the exchange of information, experience and expertise, as well as the training of human resources in developing countries, in the public and private sector relating to, inter alia, strategic and management capacities, policy development and implementation, promotion and distribution of cultural expressions, small-, medium-and micro-enterprise development, the use of technology, and skills development and transfer; technology transfer through the introduction of appropriate incentive measures for the transfer of technology and know-how, especially in the areas of cultural industries and enterprises; financial support through: the of an for Cultural Diversity as provided in Article 18; the provision of official development assistance, as appropriate, including technical assistance, to stimulate and support creativity; other forms of financial assistance such as low interest loans, grants and other funding mechanisms. Article 15 - Collaborative arrangements Parties shall encourage the development of partnerships, between and within the public and private sectors and non-profit organizations, in order to cooperate with developing countries in the enhancement of their capacities in the protection and promotion of the diversity of cultural expressions. These innovative partnerships shall, according to the practical needs of developing countries, emphasize the further development of infrastructure, human resources and policies, as well as the exchange of cultural activities, goods and services. Article 16 - Preferential treatment for developing countries