# EUR-Lex - 51999IP0103 - EN

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# 51999IP0103

**Resolution on the situation and role of artists in the European Union **

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Official Journal C 175 , 21/06/1999 P. 0042 *

A4-0103/99

Resolution on the situation and role of artists in the European Union

The European Parliament,

- having regard to the draft Amsterdam Treaty and in particular, Article 151 thereof,

- having regard to the Recommendation concerning the status of the artist adopted on 27 October 1980 by the UNESCO General Conference,

- having regard to the resolutions and recommendations of the Council of Europe on the situation of artists,

- having regard to the Council of Europe's document 'In from the Fringes' (September 1996) and the Comparative Study of the Cultural Policies of Six Member States (1997),

- having regard to the WPPT Treaty concluded in December 1996 under the auspices of the WIPO,

- having regard to the Commission communication of 12 October 1982 on stronger Community action in the cultural sector (COM(82)0590),

- having regard to the Commission communication of 17 December 1987 on a fresh boost for culture in the European Community (COM(87)0603),

- having regard to the Commission communication of 25 October 1990 on vocational training in the arts field (COM(90)0472),

- having regard to the Commission communication of 8 November 1991 on new prospects for Community cultural action (COM(92)0149),

- having regard to the Commission communication of 17 April 1996 on the consideration of cultural aspects in European Community action (COM(96)0160),

- having regard to the Commission communication of 20 November 1996 on cohesion policy and culture - a contribution to employment (COM(96)0512),

- having regard to the 'Profession: Artist' study commissioned by DG XXII (1996/989),

- having regard to the resolution of the Council and the Ministers of Culture, meeting within the Council, of 18 December 1984 on greater recourse to the European Social Fund in respect of cultural workers ((OJ C 2, 4.1.1985, p. 2.)),

- having regard to the resolution of the Ministers of Culture, meeting within the Council, of 13 November 1986 on business sponsorship of cultural activities ((OJ C 320, 13.12.1986, p. 2.)),

- having regard to Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs ((OJ L 122, 17.5.1991, p. 42.)),

- having regard to the resolution of the Council and the Ministers of Culture, meeting within the Council, of 7 June 1991 on the training of arts administrators ((OJ C 188, 19.7.1991, p. 1.)),

- having regard to the resolution of the Ministers of Culture, meeting within the Council, of 7 June 1991 on the temporary access of artists of European Community origin to the territory of the United States of America ((OJ C 188, 19.7.1991, p. 2.)),

- having regard to the conclusions of the Ministers of Culture, meeting within the Council, of 7 June 1991 on copyright and related rights ((OJ C 188, 19.7.1991, p. 4.)),

- having regard to Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property ((OJ L 346, 27.11.1992, p. 61.)),

- having regard to Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission ((OJ L 248, 6.10.1993, p. 15.)),

- having regard to Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights ((OJ L 290, 24.11.1993, p. 9.)),

- having regard to Council Directive 94/5/EC of 14 February 1994 supplementing the common system of value added tax and amending Directive 77/388/EEC - Special arrangements applicable to second-hand goods, works of art, collectors' items and antiques ((OJ L 60, 3.3.1994, p. 16.)),

- having regard to the conclusions of the Council of 21 June 1994 on cultural and artistic aspects of education ((OJ C 229, 18.8.1994, p. 1.)),

- having regard to the conclusions of the Council of 10 November 1994 on the Commission communication concerning European Community action in support of culture ((OJ C 348, 9.12.1994, p. 1.)),

- having regard to 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.)),

- having regard to its resolution of 16 January 1981 on the social situation of cultural workers ((OJ C 28, 9.2.1981, p. 82.)),

- having regard to its resolution of 18 November 1983 on stronger Community action in the cultural sector ((OJ C 342, 19.12.1983, p. 127.)),

- having regard to its resolution of 25 May 1984 on the situation of cultural workers in the Community ((OJ C 172, 2.7.1984, p. 212.)),

- having regard to its resolution of 10 February 1988 on the teaching and promotion of music in the European Community ((OJ C 68, 14.3.1988, p. 46.)),

- having regard to its resolution of 17 February 1989 on the fresh boost for culture in the European Community ((OJ C 69, 20.3.1989, p. 180.)),

- having regard to its resolution of 23 November 1990 on a decision concerning the implementation of the Community vocational training measure in the audiovisual sector ((OJ C 324, 24.12.1990, p. 414.)),

- having regard to its resolution of 10 September 1991 on cultural relations between the European Community and the countries of Central and Eastern Europe ((OJ C 267, 14.10.1991, p. 45.)),

- having regard to its resolution of 11 March 1992 on the situation of artists in the European Community ((OJ C 94, 13.4.1992, p. 213.)),

- having regard to its resolution of 21 January 1993 on new prospects for Community Cultural Action ((OJ C 42, 15.2.1993, p. 173.)),

- having regard to its resolution of 20 January 1994 on Community policy in the field of culture ((OJ C 44, 14.2.1994, p. 184.)),

- having regard to its resolution of 9 March 1994 on foundations and Europe ((OJ C 91, 28.3.1994, p. 48.)),

- having regard to its resolution of 19 September 1996 on the Green Paper on copyright and related rights in the information society (COM(95)0382 - C4-0354/95) ((OJ C 320, 28.10.1996, p. 177.)),

- having regard to its resolution of 16 September 1997 on the communication from the Commission on the cohesion policy and culture: a contribution to employment (COM(96)0512 - C4-0056/97) ((OJ C 304, 6.10.1997, p. 40.)),

- having regard to its resolution of 23 October 1997 on the communication from the Commission: Follow-up to the Green Paper on copyright and related rights in the information society (COM(96)0568 - C4-0090/97) ((OJ C 339, 10.11.1997, p. 165.)),

- having regard to its resolution of 30 January 1997 on the first report of the Commission on the consideration of cultural aspects in European Community action (COM(96)0160 - C4-0249/96) ((OJ C 55, 24.2.1997, p. 37.)),

- having regard to its opinion of 5 November 1998 on the proposal for a European Parliament and Council Decision establishing a single financing and programming instrument for cultural cooperation (Culture 2000 programme) (COM(98)0266 - C4-0335/98 - 98/0169(COD)) ((OJ C 359, 23.11.1998, p. 28.)),

- having regard to its opinion of 10 February 1999 on the proposal for a European Parliament and Council Directive on the harmonisation of certain aspects of copyright and related rights in the information society (COM(97)0628 - C4-0079/98 - 97/0359(COD)) ((Minutes of that sitting, Part II, Item 11.)),

- having regard to the public hearing of 19 May 1998 on the situation and role of artists in the Union in Brussels organised by its Committee on Culture, Youth, Education and the Media,

- having regard to Rule 148 of the Rules of Procedure,

- having regard to the report of the Committee on Culture, Youth, Education and the Media (A4-0103/99),

A. whereas creative work in the arts is the cultural heritage of the future, and constitutes a means of affirming the identity of the peoples of Europe and promoting universal dialogue,

B. whereas, according to the definition adopted by UNESCO, an artist is any person who creates or takes part, by means of a performance, in the creation or recreation of works of art, who regards creation as an essential element of his life and who is recognised as an artist, irrespective of whether he has any employment-related or associative ties, and whereas this definition includes creative artists (including writers), performers and craftsmen,

C. whereas artistic creation is a specific force in the European economy and whereas the cultural sector is a major source of employment,

D. whereas culture and creators are important to the process of European integration and whereas that fact must be enshrined in the European Union's framework texts, particularly Agenda 2000,

E. whereas the European Union's support for pan-European initiatives may make a significant contribution to stimulating the advent of European sponsorship which goes beyond national borders,

F. whereas the trend towards uniform patterns of thought is above all the result of the standardisation of an audiovisual sector subject to maximum profit requirements, and as such constitutes a threat to the diversity of creative work and to artists' independence,

G. whereas it is not merely society's duty to support artists, but in its best interests to do so, given their essential role in improving the quality of society's life and the contribution which they make to consolidating democracy,

H. whereas, despite the increased production and dissemination of works of art and literature and the emergence of veritable cultural industries, the vast majority of artists still find themselves, as the twentieth century comes to an end, living from hand to mouth, a situation unworthy of their social role,

I. whereas the vigour and vitality of artistic creativity depends above all upon the material and intellectual well-being of artists both as individuals and as a social group,

J. whereas artists are increasingly dependent on the market as state support continues to fall as a result of the austerity policies adopted by the Member States in recent years,

K. having regard to the ever-increasing economic importance of arts-linked sectors such as tourism and leisure,

L. whereas schools in general, and art schools and academies in particular, are not properly equipped to tackle the challenges of the information society,

M. whereas the arts should become accessible to the public at large, who should be encouraged to take a more active role,

N. whereas minority cultures are able to strengthen their identity by supporting their young artists,

O. whereas support for artistic creation and dissemination (while fully respecting the freedom of artists) remains the responsibility of the state, which should find means of fulfilling that responsibility in keeping with the spirit of the age,

P. whereas, in general, an artistic career progresses in fits and starts, often taking off only after many years,

Q. whereas a major problem for those working as artists is that their work does not provide them with a source of income on a continuous basis,

R. whereas the nature of artists' employment means that the traditional social security classification framework cannot be used for artists,

S. whereas the irregular pattern of artists' incomes means that normal taxation arrangements can place them in real difficulties,

T. aware of the importance of protecting the moral and material rights to works and to artistic interpretations or performances and to the uses made of the same, and of the need to extend and strengthen such protection,

U. whereas, in order to facilitate inter-European circulation of artistic works and productions, it may be necessary to consider the implications of differing national social and tax legislation,

V. whereas the legal and fiscal barriers which impede the work of institutions and foundations seeking to operate at European level need to be removed,

W. whereas it is important for new cultural forms to be disseminated,

X. whereas essential factors in developing a 'European spirit' are mobility, free exchange of ideas, the ability to learn from one another, the need to share experiences and to work, create and operate in varied economic and cultural settings and whereas a comparative study of the obstacles to mobility which exist in different countries and social groups would be extremely useful,

Y. regretting the fact that contacts and exchanges between European artists, i.e. between Union artists and their counterparts in the countries of Central and Eastern Europe, are insufficiently developed,

Z. whereas the situation of artists in the countries of Central and Eastern Europe has deteriorated greatly, brutally deprived as they are of public support and thrown upon the mercies of an unpredictable and ferocious market,

AA. whereas the provision of artistic training from a very early age, as a standard practice, is essential if sensitivity to and interest in the arts is to be awakened, particularly amongst today's young people,

AB. whereas the situation of young artists is particularly precarious in a society where the market predominates, particularly as regards their opportunities for reaching an international audience,

1. Stresses the importance of the social and economic role of artists, both creators and performers, on whose work our future cultural heritage and the quality of our society and of democracy itself depend;

2. Urges the local, regional, national and European authorities to recognise the social, political and economic role played by culture in the development of European society and to act accordingly;

To the Commission

3. Repeats once again its request that a study and comparative statistics on artists be drawn up, and suggests that this be done in cooperation with the Council of Europe and UNESCO, in view of the work already carried out in this field by these organisations;

4. Calls for possible ways of approximating the laws on the social protection of artists to be examined, taking account of the most effective existing Member State legislation, given the specific requirements of the artistic profession;

5. Calls for an examination of possible ways of approximating the principles governing the tax treatment of works of art and artistic work at Community level, particularly as regards VAT;

6. Calls on the Commission to ensure that its forthcoming proposal on multimedia technology takes account of the fact that it could constitute a threat to the legitimate interests of creative artists and performers;

7. Stresses the importance of sponsorship in the field of artistic creativity, and calls on the Commission to encourage partnerships between foundations and between private companies seeking to develop artistic activities at European level;

8. Wishes the Commission to draw up a proposal on possible new forms of funding the arts at European level, involving either a lottery, an artistic activity support fund financed by means of royalties from works which have entered the public domain, or other forms which have already been tried at national level or which are set up from scratch;

9. Reaffirms the importance of exchanges between European Union and CCEE artists, and urges the Commission, within the framework of Culture 2000 and the PHARE programme, to:

- promote an exchange programme for young artists,

- support artist-in-residence exchanges,

- set up a travel fund for the benefit of artists travelling on an individual basis,

- support the exchange of artists within the framework of the European cultural networks;

10. Calls on the Commission to continue its efforts with a view to ensuring full recognition of diplomas and study periods in the Union;

11. Calls on the Commission to consider the possibilities of creating a European card for artists (along the lines of the proposed European card for young people) which, in addition to providing them with certain social and economic benefits, would make it easier for them to move around;

12. Proposes that support be forthcoming for a European Artists' Forum which would regularly bring together creative artists and performers from all areas of artistic work and the whole of Europe, to discuss the problems which they share and their role in our changing society;

13. Calls on the Commission to:

- step up action on the professional training of artists within the framework of the Social Fund,

- establish a system of study and training grants for young artists within the Leonardo programme,

- ensure that the Socrates programme includes a properly balanced proportion of students doing artistic training;

14. Reminds the Commission of the need for information specifically aimed at artists to be produced;

To the Member States

15. With regard to the social protection of artists, calls on the Member States to:

- proceed to adopt special social security funding arrangements involving new forms of financial participation, in which the artists themselves, the public authorities and contribution-paying employers (businesses, clubs, societies and associations, public services) which exploit or use the artists' work would be involved,

- guarantee adequate social protection providing artists with security during periods when they are not being paid,

- abolish the concept of time spent working as a condition for qualifying for the various social benefits, and make income from artistic work, on which the artist pays contributions, the sole condition for his or her rights to benefits,

- reduce the minimum income figures required for entitlement to social security benefits,

- allow the earnings from artistic activity on which social security contributions have been paid to be calculated on the basis of the whole of the artist's career so that for pension calculation purposes, the bad years are compensated by the better ones,

- make provision for certain categories of artist, who practise their profession only for a relatively short period of their lives, to have pension rights calculated in terms of the length of their career, and not their age, and where appropriate, grant them professional re-training allowances;

16. Calls on the Member States to discuss in detail the possibilities of bringing their social and fiscal laws as close together as possible on the basis of the Commission's proposals;

17. With regard to taxation, calls on the Member States to:

- spread income over several years in view of the intermittent nature of artistic activity,

- make a larger deduction for professional expenses,

- exempt the first public performance or initial sales of a creative work from VAT, as a way of stimulating the market,

- exempt prizes, subsidies and bursaries,

- examine how VAT in different countries affects the sale of works of art of various categories and consider what changes should be made to the existing system,

- enhance the tax benefits for sponsors (foundations, companies and individuals) by providing exemption for duly recognised foundations, by making tax deductions, and by recognising payment in kind;

- encourage private individuals to acquire works of art produced by living artists, in particular by setting lower VAT rates and enabling part of the purchase price to be deducted from taxable income;

18. Calls on the Member States to establish amongst themselves a common target of devoting at least 1% of all public funds to encouraging artistic creativity and expression and to making the it available to the public;

19. Calls for measures to encourage international exchanges of artists by means of grants or loans for travelling and to enable multicultural contacts to take place between Europe's various ethnic communities;

20. Calls on the Member States to encourage amateur artists' organisations by providing them with premises and training opportunities;

21. Calls on the Member States to ensure that artists' professional organisations are involved in the planning of cultural policy and in the drawing up of social and taxation policies concerning them;

22. Calls on the Member States to devote an obligatory minimum of 1.5% of total public works funding to commissioning public art or other environmental enhancements, e.g. trees;

23. Calls on the Member States, in the field of education and vocational training, to:

- incorporate training in the arts into compulsory formal education at all levels and for all ages,

- facilitate the continuing education of artists, particularly in multimedia technology and the 'survival skills' of management and PR techniques, and to support the retraining of certain types of artist,

- encourage the involvement of artists in activities involving the restoration and reutilisation of the cultural heritage so as to strengthen the link between heritage and creativity and the importance of artistic sectors such as craft and design,

- take account of the particular situation of handicapped artists,

- strengthen the art education component of all teacher training courses so as to ensure better teaching quality;

24. Recognises that art teaching must not be divorced from the practice of living art and that such teaching must be focused in a way which gives cultural establishments such as theatres, workshops for the plastic arts, multimedia institutes, etc., an important role in artistic training;

25. Encourages local and regional authorities to provide artists with places in which to work, particularly in areas in which artistic activity may constitute a major development factor;

26. Calls on its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the governments of the Member States, the Council of Europe, UNESCO and organisations representing the cultural and artistic sectors at European level.