21. 5. 79 Official Journal of the European Communities No C 128/19 
Having regard to the oral report made by the 
rapporteur, Mr Masprone, 
Having regard to the discussions at its 164th plenary 
session held on 19 and 20 December 1978 (meeting of 
19 December), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
The Committee approves the Commission's proposal 
and would like the Commission to submit proposals for 
other elements and characteristics of roll-over 
protection structure as quickly as possible. THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100 
thereof, 
Having regard to the request made by the Council of 
the European Communities on 2 October 1978 for an 
opinion, 
Having regard to the decision taken by its Bureau on 18 
October 1978 instructing the Section for Industry, 
Commerce, Crafts and Services to draw up an opinion 
on the matter, 
Having regard to the opinion issued by the Section 
for Industry, Commerce, Crafts and Services on 
6 December 1978, 
Done at Brussels, 19 December 1978. 
The Chairman 
of the Economic and Social Committee 
Fabrizia BADUEL GLORIOSO 
Opinion on Community action in the cultural sector (Communication from the Commission 
to the Council) 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 34 of 10 February 1978, page 2. 
A. LEGAL BASIS FOR THE OPINION 
On 12 January 1978 the Council referred the abovementioned proposal to the Economic 
and Social Committee in accordance with Article 198 of the Treaty establishing the 
European Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 164th 
plenary session held in Brussels on 19 and 20 December 1978. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, Having regard to the request made by the Council of 
the European Communities on 12 January 1978 for 
an opinion, 
Having regard to the Treaty of the European Economic Having regard to the decision taken by its Bureau on 
Community, and in particular Article 198 thereof, 13 December 1977, in anticipation of the referral, invit-
No C 128/20 Official Journal of the European Communities 21. 5. 79 
ing the Section Questions to draw up an opinion on the 
matter, 
Having regard to the opinion adopted by the 
abovementioned Section at its meeting on 14 September 
1978, 
Having regard to the oral report by the rapporteur, 
Mr Roseingrave, 
Having regard to the discussions at its 164th plenary 
session held on 19 and 20 December 1978, 
Whereas hardly anything has been done at Community 
level to identify and resolve the problems of all persons 
employed in the cultural sector; 
Whereas this Community action programme has been 
prepared cautiously to ensure that (a) any normal pro­
fessional activity in the cultural sectors should provide a 
reasonable standard of living for those who pursue it; 
(b) cultural workers should benefit as much as possible 
from social progress, not alone for obvious reasons of 
social justice but to ensure that culture of each Member 
State is maintained and developed; 
Whereas the cultural sector is defined as the 
socio-economic whole formed by persons and 
undertakings dedicated to the production, and 
distribution/diffusion of cultural goods and services; 
Whereas the cultural sector is not in itself culture, 
although the maintenance and development of each 
nation's culture depends upon it, and Community 
action in the cultural sector does not constitute a 
cultural policy but should in fact help preserve and 
develop regional cultures. 
Whereas the Community's task is firstly to move on to 
practical measures in well-defined spheres such as, for 
example, (a) the taxation system applying to cultural 
foundations or copyright laws (b) to obtain the 
maximum possible practical benefit from the decisive 
results achieved as regards the preservation of our 
architectural heritage; 
Whereas Community action in the cultural sector 
strengthens cooperation between the Community and 
the international organizations dealing with culture, 
HAS ADOPTED THE FOLLOWING OPINION 
by 78 votes to 13, and 10 abstentions: 1. Introduction 
1.1. This Communication from the Commission to the 
Council endeavours to describe the present state of 
progress of Community action in the cultural sector and 
to indicate further development which could be aimed 
at. The Committee notes that very little has been done 
at Community level since the establishment of the EC to 
seek to resolve the socio-economic problems of those 
workers engaged in the cultural sector. Their difficulties 
have been largely neglected or ignored. 
1.2. The scope of the proposed Community action 
programme covers the cultural sector, which is defined 
as the socio-economic whole formed by persons and 
undertakings dedicated to the production and 
distribution/diffusion of cultural goods and services. 
Community action in this sector is centred on 
endeavouring to solve the economic and social problems 
of those persons who work in it. Such Community 
action, therefore, is aimed generally at supporting the 
development of culture by gradually creating a more 
favourable economic and social environment for it. 
1.3. To determine the scope of the Commission's 
proposed action measures and to achieve the stated 
objectives of the programme, more precise knowledge is 
needed of the extent of unemployment among cultural 
workers and the resources, such as social security 
benefits, available to them. Further reference will be 
made to this basic requirement under the section headed 
'Social aspects'. 
1.4. The Community's task is foreseen in the action 
programme as directed towards practical measures in 
well-defined spheres such as, for example, the taxation 
system as it applies to cultural foundations or copyright 
laws; obtaining the maximum possible benefit from the 
results achieved so far in the preservation of our 
European architectural heritage; the promotion of 
contemporary creativity in art and true protection of art 
treasures and other artistic goods. 
1.5. As the Treaty of Rome is the legal basis for the 
proposed action programme, the programme itself is 
therefore nothing more than the application of the 
relevant articles of the Treaty to the cultural sector. It is 
important, however, that this application should be 
carried out by Member States with due regard to the 
special problems of workers in this sector. 
1.6. The application of the Treaty involves freedom of 
trade, freedom of movement and establishment, 
harmonization of taxation systems and legislation. This 
means, for example, among other matters, the freedom 
21. 5. 79 Official Journal of the European Communities No C 128/21 
of movement and establishment for cultural workers, 
access to employment in the cultural sector, 
harmonization of laws on copyright and related rights 
as well as social measures. 
1.7. Since for most self-employed and freelance 
cultural workers there is always a lingering uncertainty 
of employment and such workers are still badly 
protected by social security schemes, a series of effective 
measures, as matter of urgency, should be taken to 
ensure, and where necessary, increase their cover 
against social welfare risks. 
1.8. The Committee believes that new technologies 
may displace large numbers of workers from industry, a 
proportion of whom may particularly add to the 
number of craft workers, so that the protection of this 
group of workers may affect much larger numbers than 
implied in the Commission document. 
1.9. The proposed Community action in the cultural 
sector is the first cautious but welcome step to ensure 
that (a) any normal professional activity in the cultural 
sector should provide a reasonable standard of living 
for those who pursue it; (b) cultural workers should 
benefit as much as possible from social progress, not 
alone for obvious reasons of social justice but to ensure 
that the culture of each Member State is maintained and 
developed. 
1.10. The Committee supports the Commission's 
definition of the cultural sector. The concept 'cultural 
sector' is not in itself culture; Community action in the 
cultural sector does not consitute a cultural policy since 
cultural policy is a matter for each Member State. 
1.11. The Commission intends to give its help to the 
cultural institutes of the Member States to cooperate 
with each other and also to encourage the promotion of 
socio-cultural activities at European level. 
2. General comments 
2.1. The Committee welcomes this initiative by the 
Commission and generally it is in broad agreement with 
its proposals. It adds, however, the following general 
comments. 
2.2. The Committee notes that Article 2 of the Rome 
Treaty does not distinguish between categories of 
workers. In the Committee's view, therefore, any 
discrimination against cultural workers should be eliminated and all should be treated as equal with other 
citizens in the Community. 
2.3. The Committee appreciates the Commission's 
problems in finding an acceptable definition of 'cultural 
worker'. It considers that the Commission must find a 
suitable definition when it comes to making the 
proposals for the Directives and recommendations 
necessary for the implementation of its action 
programme. 
2.4. The Committee notes that laws already been 
enacted in some Member States to protect self-employed 
cultural workers and, in particular, performers. It calls 
on the Commission to provide for such legislation in the 
draft Directives and recommendations now being 
prepared. 
2.5. The Committee is surprised that the cinema is not 
specifically included in the Community action 
programme, since it obviously belongs to the cultural 
sector. It finds it difficult furthermore to understand 
how it can be omitted in the light of the definition of 
'cultural sector' set out in the Commission's document. 
While the Committee appreciates that the cinema is also 
an industry and consequently falls under the category of 
industrial policy, nevertheless it is equally recognized as 
a form of cultural expression. The Committee therefore 
urges the Commission to make good the omission of the 
cinema by extending the scope of the action programme 
to it and so help to improve the economic and social 
position of the workers engaged in that activity. The 
Committee hopes that the Commission will do this 
without delay and so dispel the doubts which have 
emerged at Member State level. 
2.6. The Committee is of the view that the Community 
action in the cultural sector should also include 
initiatives on broadcasting (TV and radio), cable TV, 
video grams, and European satellite retransmission as 
well as measures to protect cultural workers against 
pirate editions of disc and tape recordings and illicit 
impressions of publications. 
3. Comments on the individual chapters of the 
communication 
3.1. A. Freedom of trade in cultural goods 
The Committee notes that while formalities at internal 
Community frontiers should be simplified, it is 
No C 128/22 Official Journal of the European Communities 21. 5. 79 
necessary to take measures to prevent trade in stolen 
objets d'art, archeological objects, forgeries, etc. 
3.2. B. Combating thefts of cultural goods 
3.2.1. The Committee supports harmonizing 
legislation in this area, since disparities between one 
country and another aid and abet thieves and illicit 
dealers. The Commission should take an initiative 
directed towards the introduction of preventive 
legislation to combat thefts of cultural goods which are 
becoming a plague in the Community. 
3.2.2. Record card for cultural goods 
3.2.2.1. The Committee encourages the voluntary 
adoption of a record card system to make it easier to 
recover stolen cultural goods. Such record cards should 
give details of the cultural goods in question as well as 
photographs and supplementary descriptions. 
3.3. C. Freedom of movement and establishment for 
cultural workers 
3.3.1. The Committee is in favour of this principle and 
its application, and it supports the view that workers in 
the cultural sector should not remain cloistered within 
their own countries. But it stresses that the practical 
application of this principle should take maximum 
account of the serious unemployment and chronic 
under-employment situation which exists in the cultural 
sector. 
The Committee understands that the application of this 
principle to cultural workers in the cinema is causing 
concern in some Member States. 
3.3.2. The Committee endorses the principle of 
'Community priority' and it must apply to cultural 
workers in the same way as it applies to all other 
workers. The aim ought not to be to ban or 'shut out' 
leading cultural workers. The Committee believes that 
the aim of the proposed Community measures should 
be essentially to protect Community cultural workers 
on social grounds, that is, when there is no cultural 
need to bring in cultural workers from outside the 
Community, the principle of Community priority 
should be invoked. 
3.3.3. The Committee expresses dissatisfaction with 
the operation of some private artistic agencies which 
give rise to abuses and should be supervised by 
Government authorities. It may be necessary for the 
Commission to propose an approximation of the relevant legislation eventually. But care must be taken 
so as not to deprive cultural workers of the jobs which 
these agencies presently provide. 
3.3.4. The Committee urges that SEDOC (European 
system for the international clearing of vacancies and 
applications for employment) should be utilized for a 
number of cultural occupations in order to provide 
information and advice regarding the employment 
market in that sector. SEDOC must, however, it was 
emphasized, be an efficient organization for that 
purpose. 
3.4. D. Training periods for young cultural workers 
3.4.1. The Committee welcomes the proposal of the 
Commission for the training periods for young cultural 
workers in a Community country other than their own. 
But it is concerned that all necessary measures must be 
taken to ensure that their social security benefits in the 
host country shall not be less than those to which they 
are entitled in their home countries. They should also, 
on their return home, not suffer any discrimination in 
the social welfare benefits. The Committee stresses that 
these training facilities should involve only those young 
professional cultural workers who have completed their 
studies or apprenticeships. 
3.5. E. Harmonization of taxation in the cultural 
sector 
3.5.1. The Committee would like to point out that the 
VAT on theatre in some Member States increases the 
cost to the spectator in subsidized theatres and, by 
reducing theatre attendances, is liable to reduce 
royalties paid to playwrights. The Committee 
recommends to the Commission to examine the 
experimental German system regarding the payment of 
royalties to author/playwrights in the subsidized theatre 
with the view to the possibility of it being more 
beneficial to authors/playwrights. 
The Committee notes that VAT on books and 
periodicals is zero-rated in the United Kingdom and it 
recommends this as a simple and acceptable means of 
lightening the taxation burden on culture. 
3.5.2. The Committee agrees with the Commission 
that if cultural goods are to be made subject to VAT, its 
effect must at least be kept within reasonable limits. 
Obviously, this would not be the case if the entire 
selling price were to be used as the base of assessment. 
The Committee therefore urges the Commission to 
21. 5. 79 Official Journal of the European Communities No C 128/23 
draw up a draft Directive dealing specifically with the 
taxation of cultural workers and the base of assessment 
for cultural goods. 
3.5.3. As to taxation of cultural workers, there is 
agreement with the proposal that taxable earnings 
should be spread retrospectively over several years and 
in advance as, for example, in the sale of copyright (in 
those countries where sale of copyright is taxed). 
3.6. F. Harmonization of laws on copyright and 
related rights 
3.6.1. The Committee urges that there should be a 
recommendation to ratify the Rome Convention of 
1961, for the protection of performers, producers of 
phonograms and broadcasting organizations, especially 
Article 12. Already five countries of the nine Member 
States have ratified. The Committee also feels that 
Member States should subscribe to (a) the Council of 
Europe Agreement for the protection of television 
broadcasts (which gives broadcasters the power to 
prevent cable piracy in other countries); already five 
countries have ratified; (b) the Convention for the 
protection of producers of phonograms against 
unauthorized duplication of their phonograms; already 
six countries of the nine Member States have ratified. 
3.6.2. More attention on the European level should be 
given to the problems of disc and tape recordings and 
impressions of publications, where such operations are 
illicit, since they are a serious infringement of copyright. 
3.6.3. The Committee considers that representative 
organizations of cultural workers must be consulted 
regularly on all matters affecting their memberships, 
before the Community instruments proposed under this 
Community action are drawn up. 
3.6.4. The consequences of technical development 
3.6.4.1. The Committee agrees that there is no 
question of trying to curtail further technological 
development, but it is proposed that the media should 
be involved in the search for a solution to the 
unemployment problems. 
The Committee feels that the consequences of technical 
development need to be seen in their proper perspective. 
The balance between the interests of the users and the 
need for authors and publishers to obtain a reasonable 
return for their work needs to be maintained. 3.6.4.2. The Committee notes that the spread and 
increasing perfection of recording techniques may: 
(a) sap the 'live' production of music and dramatic art; 
(b) deny writers and performers a substantial part of 
their incomes. 
3.6.4.3. As to the problem raised by television 
programmes crossing frontiers through 'over-spill' and 
being distributed by cable without payment to the 
programme originators, a license system by 
governments, together with royalty payments, might be 
one answer. 
3.6.4.4. There will only be enough skilled performers 
to feed the audio-visual sector providing the 'live' 
theatre is kept alive. The audio-visual sector is having 
an adverse effect on the 'live' theatre, which is its source 
of persons and material. Therefore, the audio-visual 
sector, which recognizes its effect on employment in the 
'live' theatre, must also recognize its responsibilities in 
this regard. These responsibilities could mean a transfer 
of funds from the audio-visual sector for the benefit of 
workers in the cultural field. However, the Committee 
feels that the Commission's proposed solution of 
levying a tax on reproduction material would not be 
appropriate. 
The Committee believes it would be sufficient to tax 
public retransmissions. 
3.6.4.5. The Committee considers that professional 
organizations recognized by governments should be 
responsible for the management and distribution of 
funds arising from the transfer of funds from the 
audio-visual reproduction sector. 
3.6.4.6. The difficulty should be recognized of trying 
to differentiate between mass produced pseudo-cultural 
goods (also a consequence of technical developments) 
and genuine artistic and cultural objects. There is a 
problem in defining 'objets d'art' and 'Kitsch' (meaning 
'junk'). 
3.6.4.7. Problems of copyright 
As to the harmonization of laws aimed at bringing the 
duration of copyright into line, the Committee 
recommends the acceptance of the principle underlying 
the third possible solution as proposed by the 
Commission. This proposed a period of 50 years as an 
No C 128/24 Official Journal of the European Communities 21. 5. 79 
individual right, plus 20 years under public paying 
domain. 
3.6.4.8. The Committee is of the opinion that the 
broadcaster, the author and the performer must retain 
the right of control over the distribution and use of their 
programmes. 
3.6.4.9. Royalties and related rights 
Another area of concern for the Committee was the 
distribution of royalties and the application of related 
rights. The practice of administration societies that 
allocate part of the individual royalties collected to a 
social fund or cultural foundation has good results, 
particularly in the financing of supplementary 
retirement schemes. This practice meets with the 
Committee's full approval. 
3.6.4.10. Public lending right 
The Committee approves the principle of the public 
lending right system in use in some countries and it 
recommends that the system be extended throughout 
the Community. It recognizes, however, the difficulties 
involved in levying such a fee and stresses in particular 
that it should not impose any financial burden upon the 
function of a library. Provision should also be made for 
the application of a public lending right to recordings 
since these are also loaned to the public in many 
countries with similar losses to right owners and other 
participants. 
3.6.4.11. Literary translators 
The Committee thinks it important that, essentially for 
the purposes of the organization of copyright, literary 
translators should be brought within the scope of the 
systems for protecting cultural workers. 
3.6.4.12. Re-sale rights in the plastic arts sector 
The Committee supports the position taken by the 
Commission as to re-sale rights. A Directive should be 
introduced on the basis of Article 100 of the Treaty to 
ensure the harmonization of the laws on re-sale rights in 
force in several Community countries and the general 
application of these rights throughout the Community. 
The prevent transactions which should normally take 
place in the Community from being attracted to some 
non-member countries where resale rights are not 
applicable, a Community measure should be adopted 
under which re-sale rights would be levied on the 
declared customs' value when art works cross a 
Community frontier. The Committee would like to see that the droit de suite should: (a) conform to the term 
of copyright (life of the artist plus 50 years, or longer if 
a change is universally adopted); (b) apply to all kinds 
of sales, public and private; (c) if administration, as 
regards distribution of sums collected to individuals, 
proved too difficult, then the money should go either to 
individuals and/or be dispensed through an authorized 
collective agency. 
3.6.4.13. Protection of the property of creative 
craftsmen 
The Committee shares the Commission's concern and 
accepts the proposed solution for protecting creative 
craftsmen. However, it asks the Commission to make 
definite proposals for a period of protection for the 
products of these creative artists. These proposals 
should be put forward after the matter has been studied 
thoroughly and they should reflect the special nature of 
these products. The Committee would like to point out 
that simple and inexpensive procedures to obtain this 
protection should be introduced for creative craftsmen. 
3.7. G. Social aspects 
3.7.1. The Committee agrees with the Commission as 
to the urgent need to improve the standard of living 
and social protection of cultural workers, which is 
clearly inadequate. The standard should be 
progressively brought into line with that of other groups 
of workers. 
3.7.2. Social security will have to be adapted to suit 
the special circumstances of cultural workers in order 
that they can benefit from it because of the fact that 
their work is often of an intermittent nature. The 
Committee points out that the majority of cultural 
professions are marked by the irregularity with which 
those who pursue them receive the income arising from 
this activity. There are many creative artists who are 
employed in other jobs in order to make a decent living; 
very few are able to live off their earnings from, for 
example, writing. 
3.7.3. As a group, i.e. ignoring the outstanding 
individuals and taking the vast majority of members of 
these professions, the cultural occupations are among 
the most disadvantaged of all occupational sectors. It is 
necessary, therefore, gradually to raise them from their 
present discriminated and inferior position in regard to 
social rights. Cultural workers must have comparable 
social advantages, particularly in the event of 
unemployment, sickness, disability and retirement, to 
21. 5. 79 Official Journal of the European Communities No C 128/25 
those of other workers. Self-employed cultural workers 
should benefit from similar advantages to those enjoyed 
by other self-employed workers. 
3.7.4. To achieve this, more precise knowledge is 
needed of the level of unemployment among employed 
cultural workers and of the numbers and resources of 
cultural workers both employed and self-employed. 
Without such knowledge it will be impossible to put 
into effect the tentative proposals — which the 
Committee fully endorses — set out in the Commission 
communication's 'Social aspects' section. The numerical 
data which are required on the socio-economic situation 
of cultural workers before the urgently needed social 
measures at national and Community level can be 
planned could be collected by the Statistical Office of 
the European Communities. The Committee proposes 
that the Commission ask the Statistical Office to do so, 
and to give it the requisite funds and staff. The gravity 
of the social problems, in particular unemployment, in 
the cultural professions warrants the undertaking of this 
work by the Statistical Office. The fact that cultural 
workers only represent a small proportion of the total 
labour force is no excuse for continuing to omit them 
from the Community's statistical surveys. 
3.7.5. The particularly high unemployment among 
cultural workers also prompts the Committee to ask the 
Commission to examine the training of young people 
for the professions where the situation appears 
particularly difficult, namely among actors, singers, 
dancers and musicians. The Committee advises the 
Commission to have a study made describing, analyzing 
and comparing the current law practice in regard to the 
training of professional artists in the countries of the 
Community. This could indicate whether there was a 
case for, and if so point the direction of, Community 
measures to provide stronger safeguards of the 
professional qualifications of teachers, including 
teaching ability, and of their sense of responsibility for 
the professional future of their pupils. Some control 
appears to be necessary here. The practice should be 
avoided whereby, in order to keep their schools 
profitable, some teachers keep young people for years at 
their schools, whom they know are not really gifted 
enough to make a successful career in these very 
competitive professions. 
3.8. Other actions 
3.8.1. In common with the Commission, the 
Committee feels that one of the most important priorities should be the preservation of the architectural 
heritage in Europe. Many works of art, historical sites, 
churches, and monuments are being plundered by 
thieves and have been abandoned band badly neglected. 
There must be an awareness as to these problems 
created within the general public and within the 
education processes. 
3.8.2. It is necessary to promote Community policy in 
the field of cultural heritage, with the appropriate 
funding. The Committee approves the action which the 
Commission has already undertaken and trusts that it 
will be extended. It hopes that as soon as the 
Commission has the available means there will be the 
best geographic distribution of funds towards the 
preservation of buildings; and the cultural heritage and 
crafts of artistic value should be promoted. Buildings of 
historical/artistic value should be listed so that they do 
not run the risk of uncontrolled demolition. 
3.8.3. The Committee stresses that training centres and 
institutes should be established and maintained to 
ensure the training of highly-skilled restoration experts. 
3.8.4. Additional actions recommended by the 
Committee 
3.8.4.1. The Committee adds that encouragement 
should be given to the general public to become 
acquainted with the works of young artists. The lack of 
exhibition space should not be made an excuse for not 
exhibiting these works of art. 
3.8.4.2. The Committee calls upon the Commission to 
uphold the right of cultural workers to benefit from the 
worker-participation procedures in the form in which 
they exist in the nine Member States. 
3.8.4.3. The Committee would urge the Commission 
to draft a proposal calling on the Member States (a) to 
reserve a percentage of public expenditure for works of 
applied art and (b) to stipulate that, in public buildings 
or in buildings benefitting from public aid, a certain 
percentage of the gross capital expenditure should be set 
aside for the creation of works of art for the enrichment 
of the working environment in such buildings; or (c) to 
encourage such expenditure by means of financial aid or 
tax relief. 
No C 128/26 Official Journal of the European Communities 21. 5. 79 
3.9. Promotion of nuclear conservation 
3.9.1. As to the promotion of nuclear conservation 
techniques, the Committee points out that the workers 
treating art objects and statues by radiation must be 
protected. There should be further studies and attention 
paid to the health effects of these conservation 
techniques and all precautions must be taken in view of 
the newness of the technique. 
3.9.2. However, provided that the techniques applied 
follow the pattern of those used in the Nuclear Research 
Centre in Grenoble, which, in the opinion of the 
Commission, are techniques 'superior' not only to those 
in use elsewhere in the Community but throughout the 
world, the Committee supports the promotion of such 
conservation techniques. The risks involved, according 
to the Commission's point of view would be so minor 
as to not constitute a hazard to the worker and the 
general public. The Committee urges that more precise 
information on the consequences of using these nuclear 
conservation techniques should be made available. 
Concern is expressed that parts of a restored building 
may become radioactive. It is important to train and to 
protect restorers using these techniques in their work. 
3.10. Contribution towards the development of 
cultural exchanges 
3.10.1. The Committee emphasizes that one of the 
main objectives of building Europe should include 
cultural exchanges, so that the peoples of the 
Community will mutually enrich each other. Cultural 
exchanges among young people help to reduce 
prejudices and misunderstandings. 
3.10.2. In welcoming and supporting the 
Commission's initiative in engaging in an evaluation of 
a number of festivals, the Committee adds that this 
should be expanded to include other Member States. 
3.10.3. The Committee would like to urge that there 
should be a closer liaison between the Commission and 
the European youth organizations with a view to 
cultural exchanges. 
3.11. Cooperation between the cultural institutes of 
the Member States 
3.11.1. The Committee urges that the Commission 
organize a meeting between the arts councils and other cultural institutes of the Member States to discuss 
cooperation, mutual help and joint projects. 
3.11.2. As a means of nations getting to know and 
understand each other, there should be an exchange of 
theatrical companies, featuring actors performing in 
classics of their own country. A special theatre circuit 
should be encouraged within the Nine and organized 
with the support of all the financial means available. 
3.12. Promotion of socio-cultural activities at 
European level 
3.12.1. The Committee points out that all people 
(from all walks of life) should be integrated far more 
into the cultural life of Europe. For the average citizen, 
there exists a widening gap between his social and 
economic reality and that called 'cultural' sphere. A 
greater effort must be made to give people some form of 
participation in the development of their cultural life. 
3.12.2. Another part of this problem concerns the 
diffusion of culture into small rural communities, small 
villages and towns which have difficult access to 
cultural life and whose life style is dominated by the 
media. The Committee feels that the Commission 
should institute a research programme into the impact 
of the media on these communities and the participation 
of the people in cultural activities. 
3.12.3. Yet another aspect of the problem in some 
Member States is that the distinctive cultural work of a 
region may be based on a minority language or dialect 
in apparent decline. The demise of such a culture would 
impoverish the European heritage. The Committee 
believes that the Commission should therefore be 
mindful of the need for special assistance to be given to 
create favourable conditions for those cultural workers 
who use a minority culture. 
3.12.4. There is a need to carry out a study into the 
diffusion of culture and how to involve those people 
who at present are denied the enjoyment of their 
cultural heritage due to lack of education, money or 
time. This study should attempt to find out why so 
many people do not read, do not travel and do not go 
to museums, theatres or concert halls. The Committee 
asks the Commission to carry out such a study and to 
focus attention particularly on young people and people 
living in rural communities. 
21. 5. 79 Official Journal of the European Communities No C 128/27 
Done at Brussels, 20 December 1978. 
The Chairman 
of the Economic and Social Committee 
Fabrizia BADUEL GLORIOSO 
ANNEX 
to the opinion of the Economic and Social Committee 
The following amendments were rejected in the course of the discussions: 
Page 6, point 2.6 
In second line delete 'should' and substitute 'might'. 
Delete full stop at end of paragraph and add: 
'but, recognizing the complex nature of the problems involved, believes that these initiatives should 
only be taken after full consultation with the representatives organizations of performers, 
broadcasters, film technicians, and other cultural workers'. 
Reasons 
Self-explanatory. 
Voting 
For: 5; against: 23; abstentions: 27. 
Page 9, point 3.5.1 
The second paragraph of this point should be deleted. 
Reasons 
Zero rates are, in the long run, incompatible with an orderly system of value-added tax. The possibility 
of exempting books and periodicals from VAT may, therefore, be considered. There are, however, 
important arguments against such a move as it would also benefit books and periodicals which do not 
deserve to be encouraged, such as pornographic works and works which glorify war. 
Voting 
For: 7; against: 50; abstentions: 10. 
Page 10, point 3.5.3 
This paragraph should be replaced by the following: 
'The Committee has grave reservations over the proposal that the taxable earnings of cultural 
workers should be spread retrospectively over several years and also carried forward. It considers 
that this proposal is scarcely practicable.' 
Reasons 
Contravention of the principle of taxing earnings on an annual basis causes extreme complications. If 
such a scheme were to be introduced, despite these difficulties, it would be in no way possible to apply 
it only to cultural workers. It is therefore advisable to continue to apply, even with regard to cultural 
workers, the current general rules of the individual Member States as regards carrying back and 
bringing forward losses. 
No C 128/28 Official  Journal  of the European  Communities 21. 5. 79 
Voting 
For: 7; against:  56; abstentions:  8. 
Page  10, point  3.6.1 
Insert  new  third  sentence  on fifth  line: 
'In order  to maintain  the  full  balance  of protection  between  the  three  beneficiaries  of this 
Convention,  the recommendation  should  include  ratification  of Article  12 of the Convention  which 
is of particular  concern  to performers'. 
Reasons 
Article  12 says  that  if a phonogram  published  for a commercial  purpose,  or a reproduction  of such  a 
phonogram,  is used  directly  for broadcasting  or for any communication  to the public,  a single  equitable 
remuneration  shall  be paid  by the user  to the performers,  or, to the producers  of the phonogram,  or to 
both.  Domestic  law may,  in the absence  of agreement  between  these  parties,  lay down  the conditions  as 
to the sharing  of this remuneration. 
Voting 
For: 21; against:  22; abstentions:  18. 
Page  11, point  3.6.3 
In first  line,  after  'that'  insert  'fully'. 
Reasons 
The object  of the amendment  is to draw  to the attention  of the Commission  the need  to consult  certain 
organizations  of cultural  workers  which  are highly  representative  but which  appear  to be denied  full 
consultative  rights. 
Voting 
For: 4; against:  33; abstentions:  19. 
Page  12, point  3.6.4.4 
Delete  final  sentence  of first  paragraph  and  second  paragraph. 
Reasons 
It has been  agreed  in sub-committees  dealing  with  various  copyright  Conventions  that  a form  of levy 
should  be added  to the purchase  price  of reproduction  material  and  equipment.  The  Commission 
proposal  in line  with  these  views  should  be accepted. 
Voting 
For: 10; against:  37; abstentions:  10. 
Page  13, point  3.6.4.8 
Replace  the words  'control  over'  (second  and third  lines)  by 'to be informed  and consulted  with  regard 
to'. Add  after  'programmes'  the words  'throught  the administration  societies  to which  they  belong'. 
Reasons 
It is not realistic  to subject  the distributor  to control  by a fairly  large  number  of persons  whose  interests 
may also  not coincide.  Such  a control  could  obstruct  the whole  distribution  system. 
^or^ ^against^^  abstentions^ 
^age^^^point^^^ 
^he final  sentence  should  be amended  to read  as follows^ 
^he health  ejects  of these  conservation  techniques  should  he further  studied  and  given  the 
maximum  attentions  all precautions  must  betaken  in view  of the newness  of the techni^ue^ 
One should  not  give  the impression  that  the Commission  has so far not paid  very  much  attention  to the 
effects  of these  conservation  techniques' 
^or^^l^against^^  abstentions^^ 
^age^point^^ 
replace  the sentence  beginning  with  the words^he  section  urges  that  more  precise^B^ninthline^by 
the following^ 
^he section  proposes  that  precise  information  on these  nuclear  conservation  techniques  he 
circulated  and  that  the studies  carried  out  with  regard  to the possible  dangers  inherent  in their  use 
be continued^ 
^ precise  information  is available^ 
^ ^he  techniques  under  consideration  cannot  be used  in the restoration  of buildings  and  monuments^ 
^hese  techniques  can  only  be used  in the restoration  of relatively  small  ob^ects^ 
^or^^^against^^abstentions^^ 
^age^point^^^ 
replace  the word  ^education^in  the second  line  by ^training^ 
^gainst^  large  ma^ority^ 
^saresult  of the adoption  of an amendment  during  the debates^  the following  passage  of the ^ection^s 
Opinion  was  replaced^ 
^age^point^^^ 
^he section  urges  that  in accordance  with  the principles  of employee  participations  the Commission 
should  plan  to uphold  the  right  of a cultural  worker  to participate  in decisionmaking  at the 
enterprise  level^whether  this  is inatheatre^  an opera  housed  etcD  It should  be clearly  stated  thata 
culturalworl^er  has  the right  to effectively  participate  in all artistic^  social  and  economic  decisions 
within  theenterpriseto  whichheis  contracted^  ^he  manner  in which  this  is carried  outand  the 
structures  necessary  isamatter  for each  country  to decide  for itself 
^or^^against^^  abstentions^ 
^saresult  of the adoption  of an amendment  during  the debates^  the following  passages  of the ^ection^s 
opinion  were  modified^ 
l^age^first^^hereas^ 
^^hereas  hardly  anythingas  been  done  at Community  level  to resolve  theproblems  of all persons 
employed  in the cultural  sectors 
No C 128/30 Official Journal of the European Communities 21. 5. 79 
Voting 
For: large majority. 
Page 1, fourth 'Whereas' 
'Whereas the cultural sector is not in itself culture and Community action in the cultural sector does not 
constiture a cultural policy;' 
Voting 
For: large majority. 
Page 3, point 1.5 last sentence 
'This should not, however, inhibit the Member States taking into account, the special problems of 
workers in this sector'. 
Voting 
For: large majority. 
Page 5, point 2.2, last sentence 
'In the Section's view, therefore, any discrimination as between cultural workers should be 
eliminated and all should be treated as equal with other citizens in the Community'. 
Voting 
For: large majority. 
Page 13, point 3.6.4.8 
'The Section is of the opinion that the broadcaster, the author and the performer must retain the 
right of control over the distribution of their programmes'. 
Voting 
For: large majority. 
Page 15, point 3.6.4.13, second sentence 
'However, it asks the Commission to make proposals for a period of protection for the products of 
these creative artists'. 
Voting 
For: 37; against: 26; abstentions: 19.