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            DECISION No 1855/2006/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL         

of 12 December 2006         

establishing the Culture Programme (2007 to 2013)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first indent of Article 151(5) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the Committee of the Regions (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment and duration

1.   This Decision establishes the Culture Programme, a single multi-annual programme for Community measures in the field of culture open to all cultural sectors and all categories of cultural operators (hereinafter referred to as ‘the Programme’).

2.   The Programme shall be implemented for the period from 1 January 2007 to 31 December 2013.

Article 2

Budget

1.   The financial envelope for the implementation of the Programme for the period referred to in Article 1 is hereby set at EUR 400 million.

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 3

Objectives

1.   The general objective of the Programme shall be to enhance the cultural area shared by Europeans and based on a common cultural heritage through the development of cultural cooperation between the creators, cultural players and cultural institutions of the countries taking part in the Programme, with a view to encouraging the emergence of European citizenship. The Programme shall be open to the participation of non-audiovisual cultural industries, in particular small cultural enterprises, where such industries are acting in a non-profit-making cultural capacity.

2.   The specific objectives of the Programme are:

Article 4

Fields of action

1.   The objectives of the Programme shall be pursued through the implementation of the following measures, as described in the Annex:

2.   These measures shall be carried out in accordance with the provisions set out in the Annex.

Article 5

Provisions concerning third countries

1.   The Programme shall be open to the participation of the following countries:

Provided that the conditions are met and additional appropriations are paid, the countries referred to in this paragraph shall participate fully in the Programme.

2.   The Programme shall also be open to cooperation with other third countries which have concluded association or cooperation agreements with the Community which include cultural clauses, on the basis of supplementary appropriations and specific procedures to be laid down.

The countries of the Western Balkans referred to in paragraph 1(c) which do not wish to benefit from full participation in the Programme may benefit from cooperation with the Programme under the conditions laid down in this paragraph.

Article 6

Cooperation with international organisations

The Programme shall permit joint action with international organisations competent in the field of culture, such as UNESCO or the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation for the realisation of the measures listed in Article 4.

Article 7

Complementarity with other Community instruments

The Commission shall ensure a link between the Programme and other Community instruments, particularly those relating to the Structural Funds and those in the fields of education, vocational training, research, information society, citizenship, youth, sport, languages, social inclusion, EU external relations and combating all forms of discrimination.

Article 8

Implementation

1.   The Commission shall implement the Community actions which form the subject of the Programme in accordance with the Annex.

2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

3.   All other measures necessary for the implementation of this Decision shall be adopted in accordance with the procedure referred to in Article 9(3).

Article 9

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The committee shall adopt its Rules of Procedure.

Article 10

Cultural contact points

1.   The cultural contact points as defined in section I.3.1 of the Annex shall act as implementing bodies for the dissemination of information on the Programme at national level, having regard to Article 54(2)(c) and (3) of the Financial Regulation.

2.   The cultural contact points shall comply with the following criteria:

Article 11

Financial provisions

1.   Financial aid shall take the form of grants to legal persons. Grants may in certain cases be awarded to natural persons under the terms of Article 114(1) of the Financial Regulation. The Commission may also award prizes to natural or legal persons for actions or projects implemented under the Programme. Depending on the nature of the action, flat-rate financing and/or the application of unit cost rates may be authorised.

2.   The Commission may decide, in accordance with the characteristics of the beneficiaries and the nature of the actions, whether to exempt them from verification of the professional competencies and qualifications required to complete the proposed action or work programme.

3.   Specific activities by the European Capitals of Culture designated pursuant to Decision 1419/1999/EC may receive a grant or a prize.

Article 12

Contribution to other Community objectives

The Programme shall contribute to the strengthening of the transversal objectives of the Community, in particular by:

Particular attention shall be given to coherence and complementarity between the Programme and Community policies in the field of cultural cooperation with third countries.

Article 13

Monitoring and evaluation

1.   The Commission shall ensure regular monitoring of the Programme against its objectives. The results of the monitoring and evaluation process shall be used when implementing the Programme.

Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3(a) and (c).

The specific objectives of the Programme may, on the basis of the results of monitoring reports, be revised in accordance with the procedure laid down in Article 251 of the Treaty.

2.   The Commission shall ensure regular, external and independent evaluation of the Programme.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

Article 14

Transitional provisions

Actions initiated before 31 December 2006 on the basis of Decisions No 508/2000/EC and No 792/2004/EC shall continue to be administered until their closure in accordance with the provisions of these Decisions.

The committee set up under the terms of Article 5 of Decision No 508/2000/EC shall be replaced by the committee provided for in Article 9 of this Decision.

Article 15

Entry into force

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Strasbourg, 12 December 2006.

For the European Parliament

President

J. BORRELL FONTELLES            

For the Council

President

M. PEKKARINEN            

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(1)OJ C 164, 5.7.2005, p. 65.

(2)  Position of the European Parliament of 25 October 2005 (OJ C 272 E, 9.11.2006, p. 233), Council Common Position of 18 July 2006 (OJ C 238 E, 3.10.2006, p. 18) and Position of the European Parliament of 24 October 2006 (not yet published in the Official Journal). Council Decision of 11 December 2006.

(3)  Decision No 719/96/EC of the European Parliament and of the Council of 29 March 1996 establishing a programme to support artistic and cultural activities having a European dimension (Kaleidoscope) (OJ L 99, 20.4.1996, p. 20). Decision as amended by Decision No 477/1999/EC (OJ L 57, 5.3.1999, p. 2).

(4)  Decision No 2085/97/EC of the European Parliament and of the Council of 6 October 1997 establishing a programme of support, including translation, in the field of books and reading (Ariane) (OJ L 291, 24.10.1997, p. 26). Decision as amended by Decision No 476/1999/EC (OJ L 57, 5.3.1999, p. 1).

(5)  Decision No 2228/97/EC of the European Parliament and of the Council of 13 October 1997 establishing a Community action programme in the field of cultural heritage (The Raphael Programme) (OJ L 305, 8.11.1997, p. 31). Decision as repealed by Decision No 508/2000/EC (OJ L 63, 10.3.2000, p. 1).

(6)  Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ L 63, 10.3.2000, p. 1). Decision as last amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

(7)OJ C 162, 6.7.2002, p. 5.

(8)OJ C 13, 18.1.2003, p. 5.

(9)OJ C 72 E, 21.3.2002, p. 142.

(10)OJ C 293 E, 28.11.2002, p. 105.

(11)OJ C 300 E, 11.12.2003, p. 156.

(12)OJ C 76 E, 25.3.2004, p. 459.

(13)OJ L 304, 3.11.2006, p. 1.

(14)OJ L 138, 30.4.2004, p. 40.

(15)OJ C 139, 14.6.2006, p. 1.

(16)OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(17)OJ L 248, 16.9.2002, p. 1.

(18)OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

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ANNEX

I.   DESCRIPTION OF ACTIVITIES AND EVENTS

1.   First strand: support for cultural actions

1.1.   Multi-annual cooperation projects

The Programme shall support sustainable and structured cultural cooperation projects in order to bring together the specific quality and expertise of cultural operators throughout the whole of Europe. This support is intended to assist the cooperation projects in their start-up and structuring phase or in their geographical extension phase. The aim shall be to encourage them to establish sustainable foundations and achieve financial autonomy.

Each cooperation project shall involve at least six operators from six different countries participating in the Programme. Its purpose shall be to bring together a variety of operators from one or more sectors for various multi-annual activities, which may be sectoral or cross-sectoral in nature but which must pursue a common objective.

Each cooperation project shall be intended to carry out a number of structured, multi-annual cultural activities. These activities are to be implemented throughout the duration of Community financing. They must have at least two of the three specific objectives indicated in Article 3(2). Priority will be given to cooperation projects intending to develop activities meeting the three specific objectives in that Article.

The cooperation projects shall be selected following calls for proposals pursuant to the Financial Regulation. In this context, selection will be made on the basis, among other things, of the recognised expertise of co-organisers in their field of activity, their financial and operational capacity to carry out the proposed activities, and the quality of these activities and the extent to which they meet the general objective and specific objectives of the Programme, as set out in Article 3.

The cooperation projects must be founded on a cooperation agreement, i.e. a common document with a legal form in one of the participating countries and signed by all co-organisers.

Community support may not exceed 50 % of the project budget and shall be degressive in nature. It may not exceed EUR 500 000 per year for all activities of the cooperation projects. This support shall be granted for a period of three to five years.

By way of illustration, approximately 32 % of the total budget allocated to the Programme shall be devoted to this type of support.

1.2.   Cooperation measures

The Programme shall support sectoral or cross-sectoral cultural cooperation actions between European operators. Priority shall be given to creativity and innovation. Actions aimed at exploring avenues for cooperation in order to develop them over the longer term will be particularly encouraged.

Each action shall be designed and carried out in partnership by at least three cultural operators in three different participating countries, whether or not these operators come from one or more sectors.

Actions shall be selected following calls for proposals pursuant to the Financial Regulation. In this context, selection will be made on the basis of the recognised expertise of co-organisers, their financial and operational capacity to carry out the proposed activities, the quality of these activities and the extent to which they meet the general objective and specific objectives of the Programme, as set out in Article 3.

Community support may not exceed 50 % of the project budget. It may not be less than EUR 50 000 nor more than EUR 200 000. This support shall be granted for a maximum of 24 months.

The conditions set out for this action concerning the minimum number of operators required in order to present projects, as well as the minimum and maximum amounts for Community support, may be adapted to take account of the specific conditions of literary translation.

By way of illustration, approximately 29 % of the total budget allocated to the Programme shall be devoted to this type of support.

1.3.   Special actions

The Programme shall also support special actions. These actions shall be special in that they should be substantial in scale and scope, strike a significant chord with the peoples of Europe and help to increase their sense of belonging to the same community, make them aware of the cultural diversity of Member States, and also contribute to intercultural and international dialogue. They must meet at least two of the three specific objectives set out in Article 3.

These special actions shall also help to raise the visibility of Community cultural action both within and beyond the European Union. They shall also contribute to raising global awareness of the wealth and diversity of European culture.

Significant support will be given to the ‘European Capitals of Culture’ in order to help implement activities stressing European visibility and trans-European cultural cooperation.

Special actions may also include the awarding of prizes, in so far as they highlight artists, works or cultural or artistic achievements, make them known beyond national borders and thus encourage mobility and exchanges.

Support may also be given in this context to cooperation with third countries and international organisations, as set out in Article 5(2) and Article 6.

The examples given above do not constitute an exhaustive list of measures likely to be supported under this sub-strand of the Programme.

The selection procedures for special actions will depend on the action in question. Financing will be granted following calls for proposals and invitations to tender, except in the cases referred to in Articles 54 and 168 of the Financial Regulation. Account will also be taken of the extent to which each action meets the general objective and specific objectives of the Programme, as set out in Article 3 of this Decision.

Community support may not exceed 60 % of the project budget.

By way of illustration, approximately 16 % of the total budget allocated to the Programme shall be devoted to this type of support.

2.   Second strand: support for bodies active at European level in the field of culture

This support shall take the form of an operating grant to co-finance expenditure associated with the permanent work programme of a body which pursues an aim of general European interest in the field of culture or an objective forming part of the Union's policy in this area.

Provision shall be made for these grants to be awarded on the basis of annual calls for proposals.

By way of illustration, approximately 10 % of the total budget allocated to the Programme shall be devoted to this strand.

Support may be given to bodies working for cultural cooperation in one or more of the following ways:

These bodies must present a real European dimension. In this regard, they must carry out their activities at European level, alone or in the form of various coordinated associations, and their structure (registered members) and activities must have a potential influence at European Union level or cover at least seven European countries.

This strand shall be open to the bodies supported under Part 2 of Annex I to Decision No 792/2004/EC as well as any other body active at European level in the field of culture, provided that they meet the objectives set out in Article 3 of this Decision and comply with the terms and conditions of this Decision.

The beneficiaries of these operating grants shall be selected through a call for proposals. This shall be done on the basis of matching the bodies' work programme with the specific objectives set out in Article 3.

The total operating grant awarded under this strand may not exceed 80 % of the body's admissible expenditure for the year in which the grant is awarded.

3.   Third strand: support for analyses and for the collection and dissemination of information and for maximising the impact of projects in the field of cultural cooperation

By way of illustration, approximately 5 % of the total budget allocated to the Programme shall be devoted to this strand.

3.1.   Support for cultural contact points

In order to ensure targeted, effective grass-roots dissemination of practical information on the Programme, it shall provide for support from cultural contact points. These bodies, acting at national level, shall be set up on a voluntary basis according to Article 39 of Regulation (EC, Euratom) No 2342/2002.

The task of the cultural contact points shall be to:

3.2.   Support for analyses in the field of cultural cooperation

The Programme shall support the carrying out of studies and analyses in the field of European cultural cooperation and European cultural policy development. The aim of this support shall be to increase the volume and quality of information and data to develop comparative data and analysis on cultural cooperation at European level, particularly with regard to the mobility of creators and cultural players, the circulation of works of art and artistic and cultural products and intercultural dialogue.

Studies and analyses contributing to increasing knowledge of the phenomenon of trans-European cultural cooperation and to creating favourable conditions for it to flourish may be supported under this strand. Projects aimed at collecting and analysing statistics will be particularly encouraged.

3.3.   Support for the collection and dissemination of information and for maximising the impact of projects in the field of cultural cooperation.

The Programme shall support the collection and dissemination of information and activities aimed at maximising the impact of projects via the development of an Internet tool targeted at the needs of culture professionals in the field of trans-European cultural cooperation.

This tool should make possible the exchange of experience and good practice and the dissemination of information concerning the Programme as well as trans-European cultural cooperation in the broad sense.

II.   PROGRAMME MANAGEMENT

The Programme's financial allocation may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities, required directly for the management and the realisation of the objectives of the Programme, in particular, studies, meetings, information and publication actions, expenses linked to computer networks focusing on information exchange, together with all other technical and administrative assistance expense to which the Commission may have recourse for the management of the Programme.

III.   CONTROLS AND AUDITS

For projects selected in accordance with the procedure described in Article 11(2), a sampling audit system will be established.

The beneficiary of a grant shall make available to the Commission all supporting documents relating to expenditure for a period of five years reckoned from the date of the final payment. The beneficiary of a grant shall ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

Commission staff and outside personnel authorised by the Commission shall have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, needed in order to conduct such audits.

The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially those of access, as the Commission.

In order to protect the financial interests of the Community against fraud and other irregularities, the Commission may carry out on-the-spot checks and inspections under the Programme in accordance with Council Regulation (Euratom, EC) No 2185/96 (1). Where necessary, investigations shall be conducted by OLAF in accordance with Regulation (EC) No 1073/1999 of the European Parliament and of the Council (2).

IV.   INFORMATION, COMMUNICATION AND ACTIVITIES AIMED AT MAXIMISING THE IMPACT OF PROJECTS

1.   Commission

The Commission may organise seminars, conferences or meetings in order to facilitate the implementation of the Programme, and undertake information, publication, dissemination and other activities aimed at maximising the impact of projects as appropriate, as well as the monitoring and evaluation of the Programme. Such activities may be financed by means of grants, or the public procurement process, or be organised and financed directly by the Commission.

2.   Contact points

The Commission and Member States shall organise on a voluntary basis and reinforce the exchange of information useful for the implementation of the Programme via the cultural contact points acting as implementing bodies at national level, under the terms of Article 54(2)(c) and (3) of the Financial Regulation.

3.   Member States

Without prejudice to Article 87 of the Treaty, Member States may, if necessary, establish support schemes for individual mobility of cultural players in order to address their low participation in the Programme. This support may take the form of travel grants for cultural operators in order to facilitate the preparatory phase of transnational cultural projects.

V.   OVERALL BUDGET BREAKDOWN

Breakdown of the annual budget for the Programme

These percentages are indicative and subject to change by the Committee provided for in Article 9 in accordance with the procedure referred to in Article 9(2).

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(1)OJ L 292, 15.11.1996, p. 2.

(2)OJ L 136, 31.5.1999, p. 1.

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