COUNCIL RESOLUTION

of 17 December 1999

on the promotion of the free movement of persons working in the cultural sector

(2000/C 8/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the first report of the Commission of the European Communities of 17 April 1996 on the consideration of cultural aspects in European Community action,

Having regard to the Council Resolution of 20 January 1997 on the integration of cultural aspects into Community actions(1),

Having regard to the report of the high-level panel on the free movement of persons of 18 March 1997, the action plan for the single market of 4 June 1997 issued on the basis of the report, the more specific action plan for the free movement of workers of November 1997, and the Commission communication on the follow-up to the recommendations of the high-level panel on the free movement of persons of 1 July 1998,

Having regard to the Commission communication on the first European Community framework programme in support of culture (2000 to 2004) of 6 May 1998 and the Commission orientation decument on the explicit integration of cultural aspects into community action,

RECALLS that in accordance with Article 151 of the Treaty establishing the European Community, the Community shall contribute to the flowering of the cultures of the Member States while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore and that the Community shall take 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;

RECALLS that, in accordance with Article 3(1)(c) of the Treaty the internal market is characterised by the abolition, as between Member States of obstacles, inter alia to the free movement of persons;

CONSIDERS that, without prejudice to the agreements established in the context of the Schengen acquis, owing to the principle of the free movement of persons, the European Economic Area enables persons working in the cultural sector to reach wider audiences and provides them with access to a labour market which is substantially larger and more diverse than the national labour markets; also considers that the future enlargement of the European Union should provide further opportunities;

FIRMLY BELIEVES that the free movement of persons working, studying or training in the cultral sector promotes and diversifies the citizens' access to the arts and culture, deepens cooperation and interaction between operators in the cultural sector, stimulates cultural life, promotes the diversity of European cultures, and promotes active citizenship and European awareness;

NOTES that one of the aims of the proposed Culture 2000 programme is to promote the mobility of professionals in the cultural sector and to increase cultural exchanges, and that certain Community programmes, for example, in the audiovisual and educational fields, also provide opportunities for mobilty;

FIRMLY BELIEVES that more active and efficient use of the opportunities inherent in the single market will create new jobs and enhance work opportunities for persons working, studying or training in the cultural sector, and thereby promote employment in the cultural sector and employment as a whole;

EMPHASISES that information and advice provided for persons working, studying or training in the cultural sector concerning the work opportunities offered by the single market should be improved at the Community level and within the Member States;

WELCOMES the affirmation of the Commission in its communication on the first European community framework programme in support of culture (2000 to 2004) of 6 May 1998 that the Commission will produce a detailed list of the obstacles to free movement of artists and others working in the cultural sector and the factors impeding cultural creativity and dissemination, and will, if necessary, take appropriate measures to remove such obstacles;

INVITES the Commission to undertake a study in consultation with artists and other professionals in the cultural field, including:

- a general assessment of mobility of persons working, studying or training in the cultural sector,

- a comprehensive review of legal, administrative and practial obstacles currently impeding the implementation of the principle of free movement in the cultural sector,

and, in the light of this study, to consider, if appropriate, proposals for actions for removing obstacles to free movement and rectifying the shortcomings identified;

INVITES the Member States:

- to coopperate with the Commission in the preparation of the study,

- to consider actions at the national level, in the light of the Commission study, to promote free movement, in cooperation with other Member States, where applicable,

- to enhance advice and information provided for artists and other professionals in the cultural sector with regard to the work opportunities in the single market, where applicable,

- to develop internal cooperation in the Member States with a view to facilitating the mobility of artists and other persons working, studying or training in the cultural sector.

(1) OJ C 36, 5.2.1997, p. 4.