EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 21.12.2005 
COM(2005) 678 final 
2005/0268 (CNS)   
Proposal for a 
COUNCIL DECISION 
on the conclusion of the UNESCO Conven tion on the Protection and Promotion 
of the Diversity of Cultural Expressions 
(presented by the Commission) 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1) CONTEXT OF THE PROPOSAL  
 • Grounds for and objectives of the proposal  
In October 2003 the General Conference of  UNESCO decided unanimously to open 
negotiations on a convention on protecting the di versity of cultural contents and artistic 
expressions. Negotiations on a preliminary draft convention started in September 2004. 
The Presidency and the Commission join tly forwarded a communication from the 
Community and its Member States to UNESCO on 15 November 2004, and the 
Council of Ministers adopted a Decision authorising the Co mmission to participate in 
negotiations on behalf of the Community on 16 November 2004.  
Three sessions of negotiations involvi ng government experts took place between 
September 2004 and June 2005, resulting, at the third session, in the adoption of a 
revised preliminary draft convention. In  September 2005 the Executive Council of 
UNESCO adopted a decision recommending the a doption of the draft convention at the 
General Conference in October 2005. 
The Convention was adopted by the Gene ral Conference of UNESCO on 20 October 
2005. 
The Council of Ministers, in authorising th e Commission to negotiate on behalf of the 
Community in November 2004, handed down ne gotiating directives calling on it to 
ensure that the Convention included the necessary clauses for the Community to 
become party to it. Consequently, Article  27 of the Conven tion establishes the 
possibility for the European Community to become a contracting party and play an 
active role in the organs of the Convention, in particular the Conference of the Parties 
established by Article 22 of the Convention. 
It is therefore important for the Europ ean Community to become a party to the 
Convention, together with the Member  States of the European Union.  
The purpose of the present proposal, which follows the approach taken in the 
negotiations, is therefore to authorise the approval of the UNESCO Convention by the 
European Community. 
 • General framework  
The conditions for preserving and promoting cultural diversity in Europe and the world 
depend not only on economic conditions, but al so on a multitude of other structural 
factors. The size of markets, the presence (o r not) of linguistic minorities, territories 
with less widely spoken languages, links w ith national or region al identities, the 
material or non-material nature  of traditions and cultural he ritage, and historical links 
with other countries are also  elements which influence the conditions for cultural 
expression, culture consumpti on and cultural exchanges.  
At European level this diversity of situati ons is already the domi nant reality and has 
been enriched by the recent historic enlargement, which brought in ten new Member States. Globalisation, although it introduces new possibilities for exchanges between 
cultures, can also threaten the more vulnerab le cultures and give rise to standardisation 
 
EN 3   EN phenomena which are likely to je opardise cultural diversity. 
The European Union has long recognised the dual nature — cultural and economic — 
of cultural goods and services , and Article 151(4) of th e Treaty establishing the 
European Community requires the Community to take cultural aspe cts into account in 
its overall action. Yet at inte rnational level there is no legally binding instrument 
recognising the specific nature  of cultural expressions. 
The UNESCO Convention on the Protection and Promotion of the Diversity of 
Cultural Expressions, adopted in Paris on 20 October 2005, aims to fill a legal vacuum in world governance by establishing a series  of rights and obliga tions, at both national 
and international levels, with a view to  the protection and pr omotion of cultural 
diversity. This instrument should play a si milar role for cultura l diversity — at the 
same normative level — as World Interna tional Property Organisation conventions, 
World Trade Organisation agreements, World Health Organisation agreements and Multilateral Environment Agreements. 
The full participation of the European Community and its Member States in 
implementing the Convention will in particular contribute to: 
o establishing a new pillar of worl d governance with the aim of ensuring 
protection and promotion of cultural diversity; 
o emphasising the specific and dual (cul tural and economic) na ture of cultural 
goods and services;  
o recognising the role and legitimacy of public policies in the protection and 
promotion of cultural diversity;  
o recognising the importance of, and pr omoting, internatio nal cooperation to 
respond to cultural vulnerabilities, in partic ular with regard to  developing countries; 
o defining appropriate links with other international instruments that enable the 
Convention to be implemented effectively. 
 
 • Existing provisions in the area of the proposal  
As this is a procedural proposal, there ar e no provisions in force in the area of the 
proposal. 
 • Consistency with other policies and objectives of the Union  
The UNESCO Convention is consistent with  the obligation placed on the Community 
by Article 151(4) of the EC Treaty to take cultural aspects into account in its action under other provisions of the Treaty, in particul ar in order to respect and to promote the 
diversity of its cultures. 
The objectives of the proposal are consiste nt with the objectives of other Union 
policies such as external cooperation po licy (especially development policy), the 
common commercial policy, completion of the internal market (particularly as regards 
intellectual property), audiovi sual and information society policy, and cultural action. 
 
EN 4   EN The objectives of the proposal are also cons istent with the Char ter of Fundamental 
Rights, especially the principle of prom oting cultural diversity (Article 22). 
2) CONSULTATION OF THE STAKEHOLDERS  
 The stakeholders, in particular Eur opean cultural and audiovisual sector 
representatives, have ha d regular exchanges with the Commission throughout the 
convention negotiation process at UNESCO. 
A consultation meeting was organised by the Commission on 4 July 2005 following 
the third session of negotiati ons between government expert s, to discuss the revised 
preliminary draft convention. 
In the course of the negotiations at UNESCO,  a large number of stakeholders informed 
the Commission of their full support for the common standpoints of the European Union expressed at UNESCO and explic itly recommended the adoption of the 
Convention by the General C onference of UNESCO in 2005. 
Consequently, following the negotiations on whether the Community should become 
party to the Convention, no additional consultation appeared necessary, as there had been no changes in the situ ation since the July consu ltation. The text adopted on 
21 October by the UNESCO member s is almost identical (apart from changes made by 
the lawyer-linguists) to the revised pre liminary draft resulting from the third 
negotiation session.  
 • Obtaining and using expertise  
 No recourse to external  expertise was necessary. 
3) LEGAL ELEMENTS OF THE PROPOSAL  
 • Summary of the proposed action  
Proposal for a Council Decisi on on the conclusion of the UNESCO Convention on the 
Protection and Promotion of the Di versity of Cultural Expressions. 
 • Legal basis  
Articles 89, 133, 151, 181 and 181a  in conjunction with Ar ticle 300 of the Treaty 
establishing the European Community.  
 • Principle of subsidiarity  
The principle of subsidiarity applies, owing to the mixed nature of the powers assigned 
by the UNESCO Convention. 
As both Community and Member States' power s are concerned, joint ratification of the 
Convention by the Community and th e Member States is required. 
 The proposal is therefore consistent with the principle of subsidiarity. 
 • Principle of proportionality  
As it is a question of a procedural act, the principle of proportionality is not relevant. 
 
EN 5   EN  • Choice of instruments  
 Proposed instrument(s): pr oposal for a Council Decision 
 Other means would not have been adequate for the following reason: 
As it is a question of the ratification by the Community of an international normative 
text, a Council decision is the onl y appropriate legal instrument. 
4) BUDGETARY IMPLICATIONS  
 The proposal has no implications for the Community budget. 
5) ADDITIONAL INFORMATION  
 • European Economic Area  
This draft act does not come  under the EEA Agreement. 
 
EN 6   EN  
2005/0268 (CNS) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of the UNESCO Conven tion on the Protection and Promotion 
of the Diversity of Cultural Expressions 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the Eu ropean Community, and in particular Articles 
89, 133, 151, 181 and 181a in conjunction with the fi rst sentence of the first subparagraph of 
Article 300(2) and the first subpara graph of Article 300(3) thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 
Whereas: (1) In November 2004 the Council authorised the Commission to particip ate, on behalf of 
the European Community, in negotiations at UNESCO concerning a Convention on 
the Protection and Promotion of the Di versity of Cultural Expressions. The 
Commission participated in these negotiati ons, together with the Member States. 
(2) The Convention on the Protection and Pr omotion of the Diversity of Cultural 
Expressions was adopted at the Gene ral Conference of UNESCO in Paris on 
20 October 2005. 
(3) The Convention constitutes a relevant and effective pill ar for promoting cultural 
diversity and cultural excha nges, to which the European  Community and its Member 
States attach the greatest importance. It contributes towards ensuring mutual respect 
and understanding between cultures at world level. 
(4) The Convention should be approved as soon as possible. 
(5) Both the Community and its Member States have competence in the fields covered by 
the Convention. The Community and the Me mber States should therefore become 
contracting parties to it, so that together they can fulfil the obligations laid down by 
the Convention and exercise the rights in vested in them by the Convention in 
                                                
 
1 OJ C , , p. . 
2 OJ C , , p. . 
 
EN 7   EN situations of mixed competence — the ob jective being to ensure the uniform 
application of the Convention, 
HAS DECIDED AS FOLLOWS: 
Article 1 
1. The UNESCO Convention on the Protection and Promotion of the Diversity of 
Cultural Expressions is hereby approve d on behalf of European Community. 
2. The text of the Convention is reprodu ced in Annex 1(a) to this Decision. 
Article 2 
1. The President of the Council is authoris ed to designate the person or persons 
empowered to deposit the instrument of  accession on behalf of the European 
Community with the Director -General of UNESCO, in acco rdance with Article 27(4) 
of the Convention on the Protection and Pr omotion of the Diversity of Cultural 
Expressions. 
2. The President of the Council is authoris ed to designate the person or persons 
empowered to deposit on behalf of the Eu ropean Community the declaration of 
responsibilities reproduced in Annex 1(b) to this Decision, in accordance with 
Article 27(3)(c) of the Convention on the Protection and Promoti on of the Diversity 
of Cultural Expressions. 
3. The President of the Council is authoris ed to designate the person or persons 
empowered to issue the Unilateral Declar ation reproduced in Annex 2 to this 
Decision at the time of the deposi tion of the instrument of accession. 
Article 3 
The Commission shall represent the European Co mmunity at meetings of the bodies created 
by the Convention, in particular th e Conference of the Parties, and shall negotiate on its behalf 
concerning questions falling with in the remit of those bodies. 
Done at Brussels,  
 For the Council 
 The President 
 
EN 8   EN ANNEX 1(a)  
CONVENTION ON THE PROTECTION A ND PROMOTION OF THE DIVERSITY 
OF CULTURAL EXPRESSIONS  
PREAMBLE 
The General Conference of the United Nations Educational, Scientific and Cultural 
Organization, meeting in Paris from 3 to 21 October 2005 at its 33rd session, 
1. Affirming that cultural diversity is a defi ning characteristic of humanity, 
2. Conscious that cultural diversity forms a common heritage of humanity and should be 
cherished and preserved for the benefit of all, 
3. Being aware that cultural diversity creates a rich and varied world, which increases the 
range of choices and nurtures human capacities a nd values, and therefore is a mainspring for 
sustainable development for commu nities, peoples and nations, 
4. Recalling that cultural diversity, flourishing within  a framework of democracy, tolerance, 
social justice and mutual respect between peopl es and cultures, is indispensable for peace and 
security at the local, nati onal and international levels, 
5. Celebrating the importance of cultural  diversity for the full rea lization of human rights and 
fundamental freedoms proclaimed in the Univ ersal Declaration of Human Rights and other 
universally recognized instruments, 
6. Emphasizing the need to incorporate culture as a strategic element in national and 
international development policies, as well as  in international de velopment cooperation, 
taking into account also the Unit ed Nations Millennium Declar ation (2000) with its special 
emphasis on poverty eradication, 
7. Taking into account that culture takes diverse forms acr oss time and space and that this 
diversity is embodied in the uniqueness and plural ity of the identities and cultural expressions 
of the peoples and societies making up humanity, 
8. Recognizing the importance of traditional knowledge as a source of intangible and material 
wealth, and in particular th e knowledge systems of indigenous peoples, and its positive 
contribution to sustainable development, as we ll as the need for its adequate protection and 
promotion, 
9. Recognizing the need to take measures to protect the diversity of cultural expressions, 
including its contents, especially  in situations where cultural expressions may be threatened 
by the possibility of extinction or serious impairment, 
10. Emphasizing the importance of culture for social cohesi on in general, and in particular its 
potential for the enhancement of the st atus and role of women in society, 
11. Being aware that cultural diversity is strengthened by the free flow of ideas, and that it is 
nurtured by constant exchanges a nd interaction between cultures, 
 
EN 9   EN 12. Reaffirming that freedom of thought, expression and information as well as diversity of 
the media enable cultural expressions to flourish within societies, 
13. Recognizing that the diversity of cultural expressions, including traditional cultural 
expressions, is an important fact or that allows individuals and peoples to express and to share 
with others their ideas and values, 
14. Recalling that linguistic diversity is a fundament al element of cultural diversity, and 
reaffirming the fundamental role that educat ion plays in the protec tion and promotion of 
cultural expressions, 
15. Taking into account the importance of the vitality of  cultures, including for persons 
belonging to minorities and indigenous peoples, manifested in their freedom to create, 
disseminate and distribute their traditional cult ural expressions and to have access thereto, so 
as to benefit from them for their own development , 
16. Emphasizing the vital role of cultural interaction and creativity, which nurture and renew 
cultural expressions and enhan ce the role played by those i nvolved in the development of 
culture for the progress of society at large, 
17. Recognizing the importance of intellectual property ri ghts in sustaining those involved in 
cultural creativity, 
18. Being convinced that cultural activities, goods and services convey ing identities, values 
and meanings have both an economic and a cultu ral nature, and must th erefore not be treated 
as solely having commercial value, 
19. Noting that while the processes of  globalization, which have been facilitated by the rapid 
development of information and communica tion technologies, afford unprecedented 
conditions for enhanced interaction between cult ures, also represent a challenge for cultural 
diversity, namely in view of risks of im balances between rich and poor countries, 
20. Being aware of UNESCO’s specific mandate to ensure  respect for the diversity of cultures 
and to recommend such international agreements  as may be necessary to promote the free 
flow of ideas by word and image, 
21. Referring to the provisions of the internationa l instruments adopted by UNESCO relating 
to cultural diversity and the exercise of cu ltural rights, and in particular the Universal 
Declaration on Cultura l Diversity of 2001, 
Adopts , this Convention on this 20th of October 2005. 
 
EN 10   EN I. OBJECTIVES AND GUIDING PRINCIPLES 
Article 1 – Objectives 
The objectives of this Convention are: 
(a) to protect and promote the di versity of cultural expressions; 
(b) to create the conditions for cultures to flourish and to freely interact in a mutually 
beneficial manner; 
(c) to encourage dialogue among cultures with a view to ensuring wider and balanced cultural 
exchanges in the world in favour of inte rcultural respect and a culture of peace; 
(d) to foster interculturality in order to deve lop cultural interaction in the spirit of building 
bridges among peoples; 
(e) to promote respect for the diversity of cultu ral expressions and raise awareness of its value 
at the local, national and international levels; 
(f) to reaffirm the importance of the link betw een culture and developm ent for all countries, 
particularly for developing countries and to support acti ons undertaken nationally and 
internationally to secure recognition of the true value of this link; 
(g) to give recognition to the di stinctive nature of cultural activitie s, goods and services as 
vehicles of identity, values and meaning; 
(h) to reaffirm the sovereign rights of States  to maintain, adopt and implement policies and 
measures that they deem appropriate for the protection and promotion of the diversity of 
cultural expressions on their territory; 
(i) to strengthen international c ooperation and solidarity in a spirit of part nership with a view, 
in particular, to enhancing the capacities of developing countries in order to protect and 
promote the diversity of  cultural expressions. 
Article 2 – Guiding Principles 
1. Principle of respect for human rights and fundamental freedoms 
Cultural diversity can be protected and prom oted only if human ri ghts and fundamental 
freedoms, such as freedom of expression, in formation and communication, as well as the 
ability of individuals to choose cultural expr essions, are guaranteed. No one may invoke the 
provisions of this Convention in order to infr inge human rights and fundamental freedoms as 
enshrined in the Universal Declaration of Huma n Rights or guaranteed by international law or 
to limit the scope thereof. 
2. Principle of sovereignty 
States have, in accordance with the Charter of the United Nations and the principles of 
international law, the sovereign right to adop t measures and policies to protect and promote 
the diversity of cultural expressions within their territory. 
 
EN 11   EN 3. Principle of equal dignity of  and respect for all cultures 
The protection and promotion of the diversity  of cultural expressions presuppose the 
recognition of equal dignity of and respect for all cu ltures, including the cultures of persons 
belonging to minorities a nd indigenous peoples. 
4. Principle of international solidarity and cooperation 
International cooperation and solidarity should be aimed at enabling countries, especially 
developing countries, to create and strengthen their means of  cultural expression, including 
their cultural industries, whethe r nascent or establishe d, at the local, nation al and international 
levels. 
5. Principle of the complementarity of econo mic and cultural aspects of development 
Since culture is one of the mainsprings of de velopment, the cultural aspects of development 
are as important as its economic aspects, whic h individuals and peoples  have the fundamental 
right to participate in and enjoy. 
6. Principle of sustainable development 
Cultural diversity is a rich asset for individu als and societies. The protection, promotion and 
maintenance of cultural diversity are an essent ial requirement for sustainable development for 
the benefit of present and future generations. 
7. Principle of equitable access 
Equitable access to a rich and di versified range of cultural expr essions from all over the world 
and access of cultures to the means of expressi ons and dissemination constitute important 
elements for enhancing cultural divers ity and encouraging mutual understanding. 
8. Principle of openness and balance 
When States adopt measures to support the diversity of  cultural expressions,  they should seek 
to promote, in an appropriate manner, openness to other cultures of the world and to ensure 
that these measures are geared to the obj ectives pursued under the present Convention. 
II. SCOPE OF APPLICATION 
Article 3 – Scope of application 
This Convention shall apply to the policies and measures adopted by the Parties related to the 
protection and promotion of the di versity of cultural expressions. 
 
EN 12   EN III. DEFINITIONS 
Article 4 – Definitions For the purposes of this Convention, it is understood that: 1. Cultural diversity 
“Cultural diversity” refers to the manifold wa ys in which the cultures of groups and societies 
find expression. These expressions are passed on  within and among groups and societies. 
Cultural diversity is made manifest not only through the varied ways in which the cultural 
heritage of humanity is expressed, augmented and transmitted through the variety of cultural 
expressions but also through dive rse modes of artistic creation,  production, dissemination, 
distribution and enjoyment of cultural expressions, whatever the means and technologies 
used. 
2. Cultural Content 
“Cultural content” refers to th e symbolic meaning, artistic dime nsion and cultural values that 
originate from or express cultural identities . 
3. Cultural expressions 
“Cultural expressions” refers to those expressions that result from the creativity of 
individuals, groups and societies, and that have cultural content. 
4. Cultural activities, goods and services 
“Cultural activities, goods and se rvices” refers to those activ ities, goods and services, which 
at the time they are considered as a specifi c attribute, use or pur pose, embody or convey 
cultural expressions, irrespective of the comme rcial value they may have. Cultural activities 
may be an end in themselves, or they may c ontribute to the production of cultural goods and 
services. 
5. Cultural industries 
“Cultural industries” refers to industries produ cing and distributing cultural goods or services 
as defined in paragraph 4 above. 
6. Cultural policies and measures 
“Cultural policies and measures” refers to those policies and measures related to culture, 
whether at the local, national, re gional or international level that are either focused on culture 
as such or are designed to have a direct effect  on cultural expressions of individuals, groups or 
societies, including on the creation, production,  dissemination, distribution of and access to 
cultural activities, goods and services. 
7. Protection 
“Protection” means the adopti on of measures aimed at the preservation, safeguarding and 
enhancement of the diversity  of cultural expressions. 
 
EN 13   EN “Protect” means to adopt such measures. 
8. Interculturality 
“Interculturality” refers to the existence and equitable interaction of diverse cultures and the 
possibility of generating shar ed cultural expressions through dialogue and mutual respect. 
IV. RIGHTS AND OBLIGATIONS OF PARTIES 
Article 5 – General rule regar ding rights and obligations 
1. The Parties, in conformity with the Charter of the United Nations, the principles of 
international law and universa lly recognized human rights in struments, reaffirm their 
sovereign right to formulate and implement thei r cultural policies and to adopt measures to 
protect and promote the divers ity of cultural expressions a nd to strengthen international 
cooperation to achieve the pur poses of this Convention. 
2. When a Party implements policies and takes m easures to protect and promote the diversity 
of cultural expressions within its  territory, its policies and measur es shall be consistent with 
the provisions of this Convention. 
Article 6 – Rights of Part ies at the national level 
1. Within the framework of its cultural policies and measures as defined in Article 4.6 and 
taking into account its own particular circumstances and needs, each Party may adopt measures aimed at protecting and promoting the diversity of cultural e xpressions within its 
territory. 
2. Such measures may include the following: (a) regulatory measures aimed at  protecting and promoting dive rsity of cultural expressions; 
(b) measures that provide opportunities in an appropriate manner for domestic cultural 
activities, goods and se rvices among the full range of cu ltural activities, goods and services 
available within the national te rritory with regard to the creation, production, dissemination, 
distribution and enjoyment of such domestic cu ltural activities, goods a nd services, including 
provisions relating to the language used therefor; 
(c) measures aimed at providing domestic independe nt cultural industries and activities in the 
informal sector effective access to the means of production, dissemination and distribution of 
cultural activities, goods and services; 
(d) measures aimed at providing public financia l assistance; 
(e) measures aimed at encouraging non-profit organizations, as well as public and private 
institutions and artists and ot her cultural professionals, to develop and promote the free 
exchange and circulation of ideas, cultural expre ssions and cultu ral activities, goods and 
services, and to stimulate both the creative and entrepreneurial spirit in their activities; 
(f) measures aimed at establishing and s upporting public instituti ons, as appropriate; 
 
EN 14   EN (g) measures aimed at nurturing and supporting ar tists and others involve d in the creation of 
cultural expressions; 
(h) measures aimed at enhancing diversity of the media including through public service 
broadcasting. 
Article 7 – Measures to promote cultural expressions 
1. Parties shall endeavour to create in thei r territory an environm ent that encourages 
individuals and social groups: 
(a) to create, produce,  disseminate, distribute and ha ve access to their own cultural 
expressions, paying due attention to the special circumstances and needs of women as well as 
various social groups, including persons bel onging to minorities and indigenous peoples; 
(b) to have access to diverse cultural expressions from within their territory as well as from 
other countries of the world. 
2. Parties shall also endeavour to recognize the important cont ribution of artists, others 
involved in the creative process, cultural comm unities, and organizations that support their 
work, and their central role in nurturing the diversity of cultural expressions. 
Article 8 – Measures to prot ect cultural expressions 
1. Without prejudice to the provi sions of Articles 5 and 6, a Pa rty may determine those special 
situations where cultural expressions on its te rritory are at risk of  extinction, under serious 
threat, or otherwise in n eed of urgent safeguarding. 
2. Parties may take all appropriate measures to  protect cultural expressions in situations 
referred to in paragraph 1 in a manner consis tent with the provisions of this Convention. 
3. Parties shall report to the Intergovernmental  Committee all measures taken to meet the 
exigencies of the situation, and the Comm ittee may make appropriate recommendations. 
Article 9 – Information sharing and transparency 
Parties shall: 
(a) provide appropriate informa tion in their reports to UNESCO every four years on measures 
taken to protect and promote the diversity of cultural expressions  within their territory and at 
the international level; 
(b) designate a point of contact responsible for information sharing in relation to this 
Convention; 
(c) share and exchange information relating to th e protection and promotion of the diversity of 
cultural expressions. 
 
EN 15   EN Article 10 – Education and public awareness 
Parties shall: 
(a) encourage and promote understanding of the importance of the protection and promotion 
of the diversity of cultural expressions, inter alia , through educationa l and greater public 
awareness programmes; 
(b) cooperate with other Parties and internati onal and regional organiza tions in achieving the 
purpose of this article; 
(c) endeavour to encourage creativity and st rengthen production capacities by setting up 
educational, training and exch ange programmes in the field of  cultural industries. These 
measures should be implemented in a manner that does not have a negative impact on 
traditional forms of production. 
Article 11 – Participation of civil society 
Parties acknowledge the fundamental role of civil society in protec ting and promoting the 
diversity of cultural expression s. Parties shall encourage the active participation of civil 
society in their efforts to achieve  the objectives of this Convention. 
Article 12 – Promotion of international cooperation 
Parties shall endeavour to strengthen their bila teral, regional and inte rnational cooperation for 
the creation of conditions conduciv e to the promotion of the dive rsity of cultural expressions, 
taking particular account of the situations referred to in Ar ticles 8 and 17, notably in order to: 
(a) facilitate dialogue among Partie s on cultural policies and measures; 
(b) enhance public sector strategic and mana gement capacities in cultural public sector 
institutions, through professional and internati onal cultural exchanges and sharing of best 
practices; 
(c) reinforce partnerships w ith and among civil society, non- governmental organizations and 
the private sector in fostering and promo ting the diversity of cultural expressions; 
(d) promote the use of new technologies, enc ourage partnerships to enhance information 
sharing and cultural understanding, and foster  the diversity of cultural expressions; 
(e) encourage the conclusi on of co-production and co-d istribution agreements. 
Article 13 – Integration of cult ure in sustainable development 
Parties shall endeavour to integrate culture in their development policies at all levels for the 
creation of conditions conducive to sustainabl e development and, within this framework, 
foster aspects relating to the pr otection and promotion of the di versity of cultural expressions. 
 
EN 16   EN Article 14 – Cooperation for development 
Parties shall endeavour to support cooperati on for sustainable development and poverty 
reduction, especially in relation to the specific needs of developing count ries, in order to 
foster the emergence of a dynamic cultural sector by, inter alia , the following means: 
1. The strengthening of the cultural indus tries in developing countries through: 
(a) creating and strengthening cultural production and distribut ion capacities in developing 
countries; 
(b) facilitating wider access to the global market and internati onal distribution networks for 
their cultural activities, goods and services; 
(c) enabling the emergence of viab le local and regional markets; 
(d) adopting, where possible, appropriate measur es in developed countr ies with a view to 
facilitating access to thei r territory for the cultural activitie s, goods and services of developing 
countries; 
(e) providing support for creative work and facilit ating the mobility, to the extent possible, of 
artists from the developing world; 
(f) encouraging appropriate co llaboration between developed a nd developing countries in the 
areas, inter alia , of music and film. 
2. Capacity-building through the ex change of information, experien ce and expertise as well as 
the training of human resource s in developing countries, in the public and private sector 
relating to, inter alia , strategic and management cap acities, policy development and 
implementation, promotion and distribution of cultural expressions, small-, medium- and 
micro-enterprise development, the use of t echnology, and skills development and transfer. 
3. The transfer of technology and know-how th rough the introduction of appropriate incentive 
measures, especially in the areas of cultural industries and enterprises. 
4. Financial support through: 
(a) the establishment of an International Fund for Cultural Di versity as provided in Article 18; 
(b) the provision of official development a ssistance, as appropriate , including technical 
assistance, to stimulate and support creativity; 
(c) other forms of financial assistance such as  low interest loans, grants and other funding 
mechanisms. 
Article 15 – Collaborative arrangements 
Parties shall encourage the development of part nerships, between and w ithin the public and 
private sectors and non-profit or ganizations, in order to cooperate with developing countries 
in the enhancement of their capacities in the protection and promotion of the diversity of 
cultural expressions. These innovative partnerships  shall, according to the practical needs of 
 
EN 17   EN developing countries, emphasize th e further development of infrastructure, human resources 
and policies, as well as the exchange of  cultural activities, goods and services. 
Article 16 – Preferential treatment for developing countries 
Developed countries shall facilit ate cultural exchanges with de veloping countries by granting, 
through the appropriate institutional and legal fr ameworks, preferential treatment to artists 
and other cultural professionals and practitioners, as well as cu ltural goods and services from 
developing countries. 
Article 17 – International cooperation in si tuations of serious threat to cultural 
expressions 
Parties shall cooperate in providing assistance  to each other, in particular to developing 
countries, in situations re ferred to under Article 8. 
Article 18 – International F und for Cultural Diversity 
1. An “International Fund for Cult ural Diversity”, hereinafter re ferred to as “the Fund”, is 
hereby established. 
2. The Fund shall consist of funds-in-trust es tablished in accordance with the Financial 
Regulations of UNESCO. 
3. The resources of the Fund shall consist of: (a) voluntary contributi ons made by Parties; 
(b) funds appropriated for this purpos e by the General Conference of UNESCO; 
(c) contributions, gifts or be quests by other States; organizat ions and programmes of the 
United Nations system, other regional or inte rnational organizations; and public or private 
bodies or individuals; 
(d) any interest due on resources of the Fund; 
(e) funds raised through collections and receipts from events organized for the benefit of the 
Fund; 
(f) any other resources authorized by the Fund’s regulations. 
4. The use of resources of the Fund shall be decided by the Intergovernmental Committee on 
the basis of guidelines determined by the Conference of Parties. 
5. The Intergovernmental Committee may accept contributions and other forms of assistance 
for general and specific purposes  relating to specific projects,  provided that those projects 
have been approved by the Intergovernmental Committee. 
6. No political, economic or other conditions that are incompatible with the objectives of this 
Convention may be attached to c ontributions made to the Fund. 
 
EN 18   EN 7. Parties shall endeavour to provide voluntary contributions on a regular basis towards the 
implementation of this Convention. 
Article 19 – Exchange, analysis an d dissemination of information 
1. Parties agree to exchange information and sh are expertise concerning  data collection and 
statistics on the diversity of cu ltural expressions as well as on best practices for its protection 
and promotion. 
2. UNESCO shall facilitate, through  the use of existing mechanisms  within the Secretariat, the 
collection, analysis and disseminatio n of all relevant information, statistics and best practices. 
3. UNESCO shall also establish and update  a data bank on diffe rent sectors and 
governmental, private and non-profit organizat ions involved in th e area of cultural 
expressions. 
4. To facilitate the collection of data, UN ESCO shall pay particular attention to 
capacitybuilding and the strengthen ing of expertise for Parties that submit a request for such 
assistance. 
5. The collection of information identified in this Article shall complement the information 
collected under the provisions of Article 9. 
V. RELATIONSHIP TO OTHER INSTRUMENTS 
Article 20 – Relationship to other treaties: mutual supportiveness,  complementarity and 
nonsubordination 
1. Parties recognize that they shall perfor m in good faith their obligations under this 
Convention and all other treaties to which they are parties. Accordingly, without 
subordinating this Conventi on to any other treaty, 
(a) they shall foster mutual supportiveness be tween this Convention an d the other treaties to 
which they are parties; and 
(b) when interpreting and applying the other treaties to which they are parties or when 
entering into other internationa l obligations, Parties shall take into a ccount the relevant 
provisions of this Convention. 
2. Nothing in this Convention sh all be interpreted as modifyi ng rights and obligations of the 
Parties under any other treaties to which they are parties. 
Article 21 – International consultation and coordination 
Parties undertake to promote the objectives a nd principles of this  Convention in other 
international forums. For this purpose, Partie s shall consult each other, as appropriate , bearing 
in mind these objectives and principles. 
 
EN 19   EN VI. ORGANS OF THE CONVENTION 
Article 22 – Conference of Parties 
1. A Conference of Parties shall be established. The Conference of Partie s shall be the plenary 
and supreme body of this Convention. 
2. The Conference of Parties shall meet in ordi nary session every two years in conjunction 
with the General Conference of UN ESCO to the extent possible. It may meet in extraordinary 
session if it so decides or if th e Intergovernmental Committee receiv es a request to that effect 
from at least one third of the Parties. 
3. The Conference of Parties shall ad opt its own rules of procedure. 
4. The functions of the Conf erence of Parties shall be, inter alia : 
(a) to elect the Members of the Intergovernmental Committee; (b) to receive and examine reports of the Parties to the Convention transmitted by the 
Intergovernmental Committee; 
(c) to approve the operational guidelines prep ared upon its request by the Intergovernmental 
Committee; 
(d) to take whatever other measures it may consid er necessary to further the objectives of this 
Convention. 
Article 23 – Intergovernmental Committee 
1. An Intergovernmental Committee for the Prot ection and Promotion of the Diversity of 
Cultural Expressions (hereinafter referred to as  “the Intergovernmental Committee”) shall be 
established within UNESCO. It shall be composed  of representatives of 18 States Parties to 
the Convention, elected for a term of four y ears by the Conference of Parties upon entry into 
force of this Conventi on pursuant to Article 29. 
2. The Intergovernmental Committee shall meet annually. 3. The Intergovernmental Committee shall func tion under the authority and guidance of, and 
be accountable to the Conference of Parties. 
4. The Members of the Intergovernmental Co mmittee shall be increased to 24 once the 
number of Parties to the Convention reaches 50. 
5. The election of Members of the Intergove rnmental Committee shall be based on the 
principles of equitable geographical representation as well as rotation. 
6. Without prejudice to the ot her responsibilities conferred upon it by this Convention, the 
functions of the Intergovernmental Committee shall be: 
(a) to promote the objectives of this C onvention and to encourage and monitor the 
implementation thereof; 
 
EN 20   EN (b) to prepare and submit for approval by the Conference of Parties, upon its request, the 
operational guidelines for the implementation and application of the provisions of the 
Convention; 
(c) to transmit to the Conference of Parties repo rts from Parties to the Convention, together 
with its comments and a summary of their contents; 
(d) to make appropriate recommendations to be ta ken in situations brought  to its attention by 
Parties to the Convention in accordance with relevant provisions of the Convention, in 
particular Article 8; 
(e) to establish procedures and other mechan isms for consultation aimed at promoting the 
objectives and principles of this Conve ntion in other international forums; 
(f) to perform any other tasks as may be  requested by the Conference of Parties. 
7. The Intergovernmental Committee, in accordance wi th its rules of procedure, may invite at 
any time public or private organizations or indi viduals to participate in its meetings for 
consultation on specific issues. 
8. The Intergovernmental Committee shall prepare and submit to the Conference of Parties, 
for approval, its own rules of procedure. 
Article 24 – UNESCO Secretariat 
1. The organs of the Convention shall be  assisted by the UNESCO Secretariat. 
2. The Secretariat shall prepare the documenta tion of the Conference  of Parties and the 
Intergovernmental Committee as well as the agenda  of their meetings and shall assist in and 
report on the implementation of their decisions . 
VII. FINAL CLAUSES 
Article 25 – Settlement of disputes 
1. In the event of a dispute between Parties to the Convention concerning the interpretation or 
the application of this Convention, the Pa rties shall seek a solution by negotiation. 
2. If the Parties concerned ca nnot reach agreement by negotiati on, they may jointly seek the 
good offices of, or request mediation by, a third party. 
3. If good offices or mediation are not undertaken or if there is no se ttlement by negotiation, 
good offices or mediation, a Party may have rec ourse to conciliation in  accordance with the 
procedure laid down in the Annex of this Conve ntion. The Parties shall consider in good faith 
the proposal made by the Conciliation Commis sion for the resolution of the dispute. 
4. Each Party may, at the time of ratification, ac ceptance, approval or acce ssion, declare that it 
does not recognize the concilia tion procedure provided for above. Any Party having made 
such a declaration may, at any time, withdraw th is declaration by notification to the Director-
General of UNESCO. 
 
EN 21   EN Article 26 – Ratification, acceptance, approval or accession by Member States 
1. This Convention shall be su bject to ratification, accepta nce, approval or accession by 
Member States of UNESCO in accordance with their respective constitutional procedures. 
2. The instruments of ratification, acceptance, approval or accession sh all be deposited with 
the Director-General of UNESCO. 
Article 27 – Accession 
1. This Convention shall be open to accession by  all States not members of UNESCO but 
members of the United Nations, or of any of its  specialized agencies, that are invited by the 
General Conference of UNESCO to accede to it. 
2. This Convention shall also be open to accession by territories which enjoy full internal 
selfgovernment recognized as such by the United Nations, but which have not attained full 
independence in accordance with General As sembly resolution 1514 (XV), and which have 
competence over the matters governed by this Co nvention, including th e competence to enter 
into treaties in respect of such matters. 
3. The following provisions apply to regi onal economic integrat ion organizations: 
(a) This Convention sha ll also be open to accession by a ny regional economic integration 
organization, which shall, except as provided below, be fully bound by the provisions of the 
Convention in the same manner as States Parties; 
(b) In the event that one or more Member States  of such an organizati on is also Party to the 
Convention, the organization and such Member  State or States sh all decide on their 
responsibility for the performan ce of their obligations under th e Convention. Such distribution 
of responsibility shall take effect following completion of the notification procedure described 
in sub-paragraph (c). The organization and the Me mber States shall not be  entitled to exercise 
rights under the Conv ention concurrently . In addition, regional economic integration 
organizations, in matters within their competen ce, shall exercise their rights to vote with a 
number of votes equal to the number of th eir Member States that are Parties to the 
Convention. Such an organization shall not exer cise its right to vote if any of its Member 
States exercises its ri ght, and vice-versa; 
(c) A regional economic integrat ion organization and its Member State or States which have 
agreed on a distribution of responsibilities as provided in subparagraph (b) shall inform the 
Parties of any such proposed distribution of responsibilities in  the following manner: 
(i) in their instrument of accession, such or ganization shall declare with specificity, the 
distribution of their responsibil ities with respect to matters  governed by the Convention; 
(ii) in the event of any later modification of  their respective res ponsibilities, the regional 
economic integration organization shall info rm the depositary of any such proposed 
modification of their respective responsibilities; the depositary shall in turn inform the Parties 
of such modification; 
(d) Member States of a regional economic inte gration organization which become Parties to 
this Convention shall be presumed to retain co mpetence over all matter s in respect of which 
 
EN 22   EN transfers of competence to the organization have not  been specifically decl ared or informed to 
the depositary; 
(e) “Regional economic integra tion organizations” means an organization constituted by 
sovereign States, members of the United Nations or of any of its specialized agencies, to 
which those States have transferred compet ence in respect of ma tters governed by this 
Convention and which has been duly authorized, in  accordance with its internal procedures, to 
become a Party to it. 
4. The instrument of accession shall be deposit ed with the Director -General of UNESCO. 
Article 28 – Point of contact 
Upon becoming Parties to this Conven tion, each Party shall designate a “point of contact” as 
referred to in Article 9. 
Article 29 – Entry into force 
1. This Convention shall enter into force three months after the date of deposit of the thirtieth 
instrument of ratification, acceptance, approval or accession, but only with respect to those 
States or regional economic integration organi zations that have deposited their respective 
instruments of ratification, acceptance, approval, or accession on or before that date. It shall 
enter into force with respect to any other Party three months after the deposit of its instrument 
of ratification, acceptance,  approval or accession. 
2. For the purposes of this Article, any instrument deposited by a regional economic 
integration organization shall not be counted as additional to those deposited by Member 
States of the organization. 
Article 30 – Federal or non-unitary constitutional systems 
Recognizing that intern ational agreements are equally bind ing on Parties regardless of their 
constitutional systems, the following provisions sh all apply to Parties which have a federal or 
nonunitary constitutional system: 
(a) with regard to the provisions of this Convention, the implementation of which comes 
under the legal jurisdiction of the federal or ce ntral legislative power, the obligations of the 
federal or central government sh all be the same as for those Parties which are not federal 
States; 
(b) with regard to the provisi ons of the Convention, the impl ementation of which comes under 
the jurisdiction of individual cons tituent units such as States, counties, provinces, or cantons 
which are not obliged by the constitutional system  of the federation to take legislative 
measures, the federal government shall inform , as necessary, the comp etent authorities of 
constituent units such as States, counties, provin ces or cantons of the sa id provisions, with its 
recommendation for their adoption. 
 
EN 23   EN Article 31 – Denunciation 
1. Any Party to this Convention may denounce this Convention. 
2. The denunciation shall be notified by an instru ment in writing deposited with the Director-
General of UNESCO. 
3. The denunciation shall take effect 12 months  after the receipt of the instrument of 
denunciation. It shall in no way affect the financial oblig ations of the Party denouncing the 
Convention until the date on which the withdrawal takes effect. 
Article 32 – Depositary functions 
The Director-General of UNESCO, as the Depo sitary of this Conven tion, shall inform the 
Member States of the Organization, the States  not members of the Organization and regional 
economic integration organizations referred to in  Article 27, as well as the United Nations, of 
the deposit of all the instruments of ratific ation, acceptance, approval or accession provided 
for in Articles 26 and 27, and of the denunciations provided for in Article 31. 
Article 33 – Amendments 
1. A Party to this Convention may, by writte n communication addresse d to the Director-
General, propose amendments to this Conventio n. The Director-General shall circulate such 
communication to all Parties. If, within six months from the date of dispatch of the 
communication, no less than one half of the Pa rties reply favourably to the request, the 
Director-General shall present su ch proposal to the next sessi on of the Conference of Parties 
for discussion and possible adoption. 
2. Amendments shall be adopted  by a two-thirds majority of  Parties present and voting. 
3. Once adopted, amendments to this Convention shall be submitted to the Parties for 
ratification, acceptance, approval or accession. 
4. For Parties which have ratified, accepted, appr oved or acceded to them, amendments to this 
Convention shall enter into force three months after the deposit of the instruments referred to 
in paragraph 3 of this Article by two thirds of the Parties. Thereafter, for each Party that 
ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into 
force three months after the date  of deposit by that Party of its instrument of ratification, 
acceptance, approval or accession. 
5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 23 
concerning the number of Members of the Intergovernmental Committee. These amendments shall enter into force at the time they are adopted. 
6. A State or a regional economic integration organization referred to in Article 27 which 
becomes a Party to this Convention after the en try into force of amendments in conformity 
with paragraph 4 of this Article shall, fai ling an expression of di fferent intention, be 
considered to be: 
(a) Party to this Convention as so amended; and 
 
EN 24   EN (b) a Party to the unamended Convention in relation to any Party not bound by the 
amendments. 
Article 34 – Authoritative texts 
This Convention has been drawn up in Arab ic, Chinese, English, French, Russian and 
Spanish, all six texts bei ng equally authoritative. 
Article 35 – Registration 
In conformity with Article 102 of the Charter of  the United Nations, this Convention shall be 
registered with the Secretariat of the United Nati ons at the request of the Director-General of 
UNESCO. 
 
EN 25   EN ANNEX  
CONCILIATION PROCEDURE 
Article 1 – Conciliation 
A Conciliation Commission shall be created upon the request of one of  the Parties to the 
dispute. The Commission shall, unless the Par ties otherwise agree, be composed of five 
members, two appointed by each Party concerne d and a President chosen jointly by those 
members. 
Article 2 – Members of the Commission 
In disputes between more than two Parties, Parties in the same interest shall appoint their 
members of the Commission jointly by agreement.  Where two or more Parties have separate 
interests or there is a disagreement as to whet her they are of the same interest, they shall 
appoint their members separately. 
Article 3 – Appointments 
If any appointments by the Parties are not made w ithin two months of the date of the request 
to create a Conciliation Commission, the Director-G eneral of UNESCO shall, if asked to do 
so by the Party that made the request, make those appointments within a further two-month 
period. 
Article 4 – President of the Commission 
If a President of the Conciliation Commission ha s not been chosen within two months of the 
last of the members of the Commission bei ng appointed, the Direct or-General of UNESCO 
shall, if asked to do so by a Party, designate  a President within a further two-month period. 
Article 5 – Decisions 
The Conciliation Commission shall take its deci sions by majority vote of its members. It 
shall, unless the Parties to the dispute otherwis e agree, determine its own procedure. It shall 
render a proposal for resolution of  the dispute, which the Partie s shall consider in good faith. 
Article 6 – Disagreements 
A disagreement as to whether the Conciliation Commission has competence shall be decided 
by the Commission.  
 
EN 26   EN ANNEX 1(b)  
DECLARATION OF THE EUROPEAN COMMUNITY IN APPLICATION OF 
ARTICLE 27(3)(C) OF THE CONVEN TION ON THE PROTECTION AND 
PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS  
The current members of the European Commun ity are the Kingdom of Belgium, the Czech 
Republic, the Kingdom of Denmark, the Federa l Republic of Germany, the Republic of 
Estonia, the Hellenic Republic, the Kingdom of  Spain, the French Republic, Ireland, the 
Italian Republic, the Republic of  Cyprus, the Republic of Latvia , the Republic of Lithuania, 
the Grand Duchy of Luxembourg, the Republi c of Hungary, the Repub lic of Malta, the 
Kingdom of the Netherlands, the Republic of Au stria, the Republic of  Poland, the Portuguese 
Republic, the Republic of Slovenia, the Slov ak Republic, the Republic of Finland, the 
Kingdom of Sweden and the United Kingdom of  Great Britain and Northern Ireland.  
This Declaration indicates the responsibilities  transferred to the Community by the Member 
States under the Treaties, in th e areas covered by the Convention. 
The Community has exclusive responsibility for the common commercial policy (Articles 
131-134 of the Treaty). It conducts a developmen t cooperation policy (Ar ticles 177-181 of the 
Treaty) and a policy of cooperation with industria lised countries (Article 181a of the Treaty) 
without prejudice to the respective competen ces of the Member States. It has shared 
competence as regards the free movement of goo ds, persons, services an d capital (Articles 23-
31 and 39-60 of the Treaty), competition (Articles 87-89) and the internal market, including intellectual property (Articles 94- 97 of the Treaty). Pursuant to Article 151 of the Treaty, in 
particular paragraph 4 thereof, the Community ta kes cultural aspects into account in its action 
under other provisions of the Trea ty, in particular in order to  respect and to promote the 
diversity of its cultures. 
The Community acts listed below illustrate th e extent of the area of competence of the 
Community in accordance with the provisi ons establishing the European Community. 
Council Decision 94/800/EC of 22 December 1994 c oncerning the conclusion on behalf of the 
European Community, as regards matters within its competence, of the Agreements reached in the Uruguay Round multilatera l negotiations (1986 to 1994) ( OJ L 336, 23.12.1994 ). 
Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of 
generalised tariff preferences for the peri od from 1 January 2002 to 31 December 2004 - 
Statements on a Council Regulation applying a sc heme of generalised tariff preferences for 
the period from 1 January 2002 to 31 December 2004 (OJ L 346, 31.12.2001, p. 0001 – 0060) 
Council Decision 2005/599/EC of 21 June 2005 c oncerning the signing, on behalf of the 
European Community, of the Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacifi c Group of States, of the one part, and the 
European Community and its Member States, of the other part, signed in Cotonou on 23 June 
2000 (OJ L 203 11.08.2005, p. 26-27 ). 
Council Regulation (EC) No 2698/2000 amending Regulation (EC) No 1488/96 on financial 
and technical measures to accompany the reform  of economic and social structures in the 
framework of the Euro-Mediterranean partnership (MEDA) ( OJ L 311, 12.12.2000, p. 0001-
0008). 
 
EN 27   EN Council Regulation (EEC) No 3906/89 of 18 Decem ber 1989 on economic aid to the Republic 
of Hungary and the Polish People's Republic, and subsequent amendments, still applicable to 
Bulgaria and Romania ( OJ L 375 , 23/12/1989 P. 0011 – 0012 ) 
Council Regulation (EC) No 2666/2000 on assistan ce for Albania, Bosnia and Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia 
and repealing Regulation (EC) No 1628/96 a nd amending Regulations (EEC) No 3906/89 and 
(EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC ( OJ L 306, 7.12.2000, 
p. 0001-0006 ) 
Council Regulation (EEC) No 443/92 on financial and technical assistance to, and economic 
cooperation with, the deve loping countries in Asia and Latin America ( OJ L 52, 27.2.1992, 
p. 0001-0006 ) 
Council Regulation (EC, Euratom) No 99/2000 con cerning the provision of  assistance to the 
partner States in Eastern Europe and Central Asia ( OJ L 12, 18.1.2000, p. 0001-0009 ) 
Decision No 792/2004/EC of the European Parl iament and of the Council establishing a 
Community action programme to promote bodies active at European le vel in the field of 
culture ( OJ L 138, 30.04.2004, p. 40 ) 
Decision No 508/2000/EC of the European Parl iament and the Council, establishing the 
Culture 2000 programme ( OJ L 063, 10.03.2000, p. 1 ) 
Decision No 1419/1999/EC of the European Par liament and of the Council of 25 May 1999 
establishing a Community action for the European  Capital of Culture event for the years 2005 
to 2019 ( OJ L 166, 01.07.1999, p. 1 ) 
Council Decision of 22 Septembe r 1997 regarding the future of  European cultural action (OJ 
C 305, 07.10.1997, p. 1) 
Council Decision of 22 September 1997 on cross- border fixed book pr ices in European 
linguistic areas ( OJ C 305, 07.10.1997, p. 2)  
Council Directive 89/552/EEC of  3 October 1989 on the coordi nation of certain provisions 
laid down by Law, Regulation or Administrative Action in Member States concerning the 
pursuit of television broadcasting activities ( OJ L 298, 17.10.1989, p. 23 ). Directive amended 
by Directive 97/36/EC of the European Parliament and of the Council  (OJ L 202, 30.07.1997, p. 60) 
Council Decision 2000/821/EC on  the implementation of a programme to encourage the 
development, distribution and promotion of European audiovisual works (MEDIA Plus - 
Development, Distribution a nd Promotion) (2001-2005) ( OJ L 336, 30.12.2000, p. 0082-
0091 ) 
Decision No 163/2001/EC of the European Parl iament and of the Council of 19 January 2001 
on the implementation of a training programme fo r professionals in the European audiovisual 
programme industry (MEDIA -Training) (2001-2005) ( OJ L 026, 27.01.2001, p. 0001-0009 ) 
Council Regulation (EC) No 659/1999 of 22 Ma rch 1999 laying down deta iled rules for the 
application of Article 93 of the EC Treaty (OJ L 083 , 27/03/1999, p. 1 ) 
 
EN 28   EN Council Regulation (EC) No 659/1999 of 22 Ma rch 1999 laying down deta iled rules for the 
application of Article 93 of the EC Treaty (OJ L 83 27.03.1999, p.1),  relating to State aid 
Directive 2004/48/EC on the enforcemen t of intellectual property rights ( OJ L 157, 
30.04.2004, p. 0045 – 0086 ) 
Directive 2001/29/EC of the European Parliame nt and of the Council on the harmonisation of 
certain aspects of copyright and relate d rights in the information society ( OJ L 167, 
22.6.2001, p. 0010-0019 ) 
Directive 2001/84/EC of the Eur opean Parliament and of the C ouncil on the resale right for 
the benefit of the author of an original work of art ( OJ L 272, 13.10.2001, p. 0032-0036 ) 
Directive 93/83/EEC on the c oordination of certai n rules concerning c opyright and rights 
related to copyright appli cable to satellite broadcas ting and cable retransmission (OJ L 248, 
06.10.1993, p. 0015-0021 ) 
Council Directive 93/98/EEC harm onising the term of protecti on of copyright and certain 
related rights ( OJ L 290, 24.11.1993, p. 0009-0013 ) 
Council Directive 92/100/ EEC on rental righ t and lending right and on certain rights related to 
copyright in the field of intellectual property  (OJ L 346, 27.11.1992, p. 0061-0066) 
The exercise of Community competence is, by it s nature, subject to continuous development.  
In this respect, therefore, the Commission reserves the right to notify other future 
declarations. 
 
EN 29   EN ANNEX 2  
UNILATERAL DECLARATION ON BEHALF OF THE COMMUNITY IN 
CONNECTION WITH DEPOSITION OF THE INSTRUMENT OF ACCESSION 
“As regards the Community responsibilities desc ribed in the Declaration pursuant to Article 
27(3)(c) of the Convention, th e Community is bound by the Conve ntion and will ensure its 
due implementation. It follows that the Member States of the Community  which are party to 
the Convention do not apply the provisions of the Convention and cannot rely on the rights or 
obligations ensuing from the C onvention in their mutual relations in as far as Community 
provisions exist in the fields  covered by the Convention. However, the Convention is 
applicable to relations between the Community a nd its Member States on the one side and the 
other parties to the C onvention on the other.”