WRITTEN QUESTION E-1936/98

by Roberta Angelilli (NI) to the Commission

(18 June 1998)

Subject: Employment assistance for performers

It is often the case that for long periods certain performers do not work and do not appear on television programmes, resulting in a decline in their fame and prestige often with serious financial consequences. The Italian state has ratified the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations.

Given that all performers working in the various disciplines who are professionally competent, even if they are not well known, should be given the opportunity to appear in television programmes, can the Commission say:

1. whether any Commission directives or documents exist that deal with this matter?

2. whether it considers it appropriate to propose special help for cultural and artistic broadcasting that takes account of unemployment in this area?

3. whether it considers it appropriate to propose special measures aimed at facilitating the employment or re-employment of performers?

4. what its overall views on this matter are?

Answer given by Mr Oreja on behalf of the Commission

(30 July 1998)

The cultural sector, and performers in particular, enjoy the general benefit of the internal market through freedom of establishment, freedom to provide services and freedom of movement of persons. The Community has also contributed more directly to providing a higher level of protection for performers by adopting legislation on copyright and related rights. Here, the Honourable Member is referred to the directives adopted so far and also the draft directives on the matter (Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases(1); Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights; Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission; Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property; Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs; a new proposal for a European Parliament and Council Directive on the resale right for the benefit of the author of an original work of art(2) is being examined by the Council and the Parliament, and an amended proposal(3) is being adopted by the Commission. Performers must have an acknowledged economic right to proceeds from resale of their original work by bailiffs or other public officers, auction houses or other dealers. In addition, a proposal for a European Parliament and Council Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society(4) has been recently adopted by the Commission and forwarded to the Council and Parliament for adoption).

As part of the cultural action provided for in Article 128 of the EC Treaty, performers benefit from projects carried out under Community cultural programmes. The Honourable Member is referred to the recent Communication from the Commission to the European Parliament, the Council and the Committee of the Regions: European Community framework programme in support of culture (2000-2004)(5).

Aids for cultural purposes are allowed by way of exception by Article 92(3)(d), subject to Commission supervision. National aids directly or indirectly benefit performers depending on the areas in question.

The Commission would remind the Honourable Member of the limits set to powers conferred by the EC Treaty in relation to this matter and the principle of subsidiarity, both of which make it more appropriate to take certain measures and carry out specific projects at national level.

(1) OJ L 77, 27.3.1996.OJ L 290, 24.11.1993.OJ L 248, 6.10.1993.OJ L 346, 27.11.1992.OJ L 122, 17.5.1991.

(2) OJ C 178, 21.6.1996.

(3) OJ C 125, 23.4.1998.

(4) OJ C 108, 7.4.1998.

(5) COM(98) 266 final.