COMMON POSITION (EC) No 16/95 adopted by the Council on 10 July 1995 with a view to adopting a Decision of the European Parliament and of the Council establishing a programme to support artistic and cultural activities having a European dimension (Kaleidoscope)
Date: 1995-07-10
Institutions: Council of the European Union
Subjects: EU aid, EU programme, action programme, arts, cultural heritage, cultural policy













EUR-Lex - 51995AG1025(02) - EN






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51995AG1025(02)

COMMON POSITION (EC) No 16/95 adopted by the Council on 10 July 1995 with a view to adopting a Decision of the European Parliament and of the Council establishing a programme to support artistic and cultural activities having a European dimension (Kaleidoscope)  


Official Journal C 281 , 25/10/1995 P. 0001 





COMMON POSITION (EC) No 16/95adopted by the Council on 10 July 1995with a view to adopting a  Decision of the European Parliament and of the Council establishing a programme to support artistic  and cultural activities having a European dimension (Kaleidoscope)(95/C 281/02) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 128  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Committee of the Regions (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), (1) Whereas, in reality, the most tangible and influential aspect of Europe as a whole is not  merely its geographical, political, economic and social features but also its culture; whereas the  perception of Europe in the world is largely determined by the position and strength of its  cultural values; (2) Whereas the Treaty confers on the Community responsibility for contributing to the flowering of  the cultures of the Member States by improving the knowledge and dissemination of the culture and  history of the European peoples and by encouraging cultural exchanges and artistic and literary  creation; (3) Whereas cultural diversity, as expressed at national and regional level, must be preserved and  the works of European artists and creators which are a manifestation of the richness of the many  identities of the Member States must be promoted; whereas creators and professionals should  accordingly be involved more closely in the implementation of Community actions in the cultural  field; (4) Whereas it is also important to encourage all citizens, especially young people, to become more  involved in culture so as to promote greater access to culture and the arts for the various  European audiences and help provide greater knowledge and mutual respect and to promote the idea of  citizenship of the European Union; (5) Whereas, with due regard for the principle of subsidiarity as defined in Article 3b of the  Treaty, cooperation through networks would seem to be one of the best ways of breaking down  barriers and helping both professionals and volunteers in the cultural sector to cooperate more  closely on the ground, thereby paving the way for a greater number of higher quality exchanges and  helping artists improve their professional skills; (6) Whereas, within the framework of the actions under this programme, possibilities should be made  available to operators from different regions in Europe to cooperate on transnational artistic  projects which will strengthen their links while respecting cultural diversity; (7) Whereas Community action in support of artistic and cultural events with a European dimension,  and European cooperation measures with wide scope and an innovative or symbolic nature, promote the  spread of different cultures whilst bringing artists and creators closer to the European public,  and can also create added value at a socio-economic level by encouraging operational synergies and  partnership; (8) Whereas support in the sphere of the arts and culture can boost economic activity and  employment; (9) Whereas, in the Solemn Declaration on European Union signed in Stuttgart on 19 June 1983, the  Heads of State and Government called for more extensive contacts between writers and artists in the  Member States and a wider dissemination of their works both within the Community and beyond it; (10) Whereas the European Parliament adopted a resolution on the formation of a European Community  Youth Orchestra (4) and a European Community Baroque Orchestra was created during the European Year  of Music in 1985; whereas the European Parliament also adopted resolutions on the teaching and  promotion of music in the European Community (1) and the promotion of the theatre and music in the  European Community (2); (11) Whereas the Ministers responsible for Cultural Affairs meeting within the Council on 13 June  1985 adopted a resolution (3) concerning the annual 'European City of Culture' event to help bring  the peoples of the Member States closer together, and the European Parliament adopted a resolution  on European Cities of Culture (4); (12) Whereas, in the conclusions of the Ministers for Culture meeting within the Council on 18 May  1990 (5), it was decided to create a 'European Cultural Month' to take place each year in one city  in a European country basing itself on the principles of democracy, pluralism and the rule of law; (13) Whereas the Ministers for Culture meeting within the Council on 7 June 1991 (6) expressed in a  resolution 'their determination to encourage the theatre in Europe and to enhance its European  dimension'; (14) Whereas the resolution of the Council and the Ministers for Culture meeting within the Council  of 14 November 1991 (7) stresses the important role of networks of cultural organizations in  cultural cooperation within Europe; (15) Whereas in its communication of 29 April 1992 on 'New prospects for Community cultural  action', the Commission states that the arts sector, and particularly the performing and visual  arts, should be supported by means of transnational networks and measures to encourage creation;  whereas the Council, in its conclusions of the Ministers for Culture meeting within the Council of  12 November 1992 on guidelines for Community cultural action (8) encouraged this approach; (16) Whereas in its resolution on the Commission communication on new prospects for Community  cultural action (9) and in its resolution on Community policy in the field of culture (10) the  European Parliament stressed the importance of cultural networks and of stepping up support for  music, theatre, dance and the visual arts; (17) Whereas the European Parliament (11) and the Council (12), have adopted various resolutions on  cultural cooperation with third countries and the international fora competent in the cultural  sphere; (18) Whereas it is desirable to carry out Community cultural action with third countries inside and  outside Europe and to undertake European cultural cooperation with the Council of Europe and other  competent international fora (Unesco for example); (19) Whereas this Decision lays down, for the entire duration of this programme, a financial  framework constituting the principal point of reference, within the meaning of point 1 of the  declaration by the European Parliament, the Council and the Commission of 6 March 1995, for the  budgetary authority during the annual budgetary procedure; (20) Whereas agreement was reached on 20 December 1994 on a modus vivendi between the European  Parliament, the Council and the Commission as regards measures to implement acts adopted in  accordance with the procedure laid down in Article 189b of the Treaty, HAVE DECIDED AS FOLLOWS: Article 1This Decision establishes the action programme Kaleidoscope set out  in the Annex, hereinafter referred to as 'this programme', for the period 1 January 1996 to 31  December 1998. This programme is intended, by means of cooperation, to encourage artistic and cultural creation  and to promote knowledge and dissemination of the culture and cultural life of the European  peoples. Article 2This programme shall encourage cooperation at European level between Member States in  the field of culture. It shall support and supplement their action in accordance with the principle  of subsidiarity by contributing to the flowering of their cultures while respecting their national  and regional diversity. To that end, and in accordance with the general objective set out in Article 1, the following shall  be the specific objectives of this programme, based on the development of transnational  cooperation: (a) encouragement of activities of artistic creation with a European dimension which are organized  in partnership between artists from various Member States, thus enabling the number and quality of  exchanges to be increased and a good overall representation of all forms of artistic expression  covered by this programme to be ensured; (b) support for innovative cultural projects by European partners which are conducive to promoting  the European dimension, stimulate the development of cultural activities at national and regional  level and provide a genuine cultural added value; (c) assist in the improvement of the professional skills of artists and other cultural operators,  in particular, by stepping up exchanges of experiences, thus facilitating greater cooperation  between artists from various Member States; (d) contribute to the mutual knowledge of European cultures by making it easier for different  European audiences to have access to and participate in the culture and arts of other Member States  and by facilitating intercultural dialogue. Article 3The actions described in the Annex shall be carried out in pursuit of the objectives  set out in Article 2. They shall be implemented in accordance with the procedure laid down in  Article 5. Article 41. This programme shall be open to participation by the associated countries of central  and eastern Europe (CCEE) in accordance with the conditions laid down in the Additional Protocols  to the Association Agreements on participation in Community programmes concluded or to be concluded  with those countries. This programme shall be open to participation by Cyprus and Malta and to  cooperation with other third countries which have concluded association or cooperation agreements  containing cultural clauses, on the basis of additional appropriations to be provided according to  procedures to be agreed with those countries. Some general rules for such participation are  provided for in Action 3 in the Annex. 2. The Community and the Member States shall promote cooperation with the Council of Europe and  with other relevant international organizations in the cultural sector (e.g. Unesco), while  ensuring that the instruments adopted are complementary and respect the individual identity and  autonomy of each institution and organization. Article 51. The Commission shall implement this programme in accordance with this Decision. 2. The Commission shall be assisted by a Committee consisting of two representatives per Member  State which shall be chaired by the Commission representative. Members of the Committee may be  assisted by experts or advisers. 3. The Commission representative shall submit to the Committee: - the annual work programme, - the general balance between all the Actions, - the selection rules and criteria for the various types of project described in the Annex (Actions  1, 2, 3 and 5), - the projects in respect of which Community financing exceeds ECU 10 000, - the detailed procedures for monitoring and evaluating this programme and the conclusions of the  assessment reports laid down in Article 8 and any other measure readjusting this programme arising  therefrom. 4. The Committee shall deliver its opinion on the draft measures referred to in paragraph 3 within  a time limit which the Chairman may lay down according to the urgency of the matter. The opinion  shall be delivered by the majority provided for in Article 148 (2) of the Treaty for the adoption  of decisions which the Council is required to take on a proposal from the Commission. When the  Committee votes, the votes of the representatives of the Member States shall be weighted in  accordance with the aforementioned Article. The Chairman shall not vote. The Commission shall adopt measures which shall be applicable immediately. However, where such  measures are not in accordance with the opinion delivered by the Committee, the Commission shall  communicate them to the Council forthwith. In that event, the Commission may defer the application  of the measures it has decided for a period of two months from the date of such communication. The Council, acting by qualified majority, may take a different decision within the period laid  down in the previous subparagraph. 5. The Commission may also consult the Committee on any other question concerning the  implementation of this programme as well as those laid down in paragraph 3. 6. The Commission representative shall submit to the Committee a draft of the measures to be taken.  The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay  down according to the urgency of the matter, by a vote if necessary. The opinion shall be entered in the minutes; each Member State shall have the right to request that  its position be entered in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall  inform the Committee of the manner in which its opinion has been taken into account. Article 61. The financial framework for the implementation of this programme for the period  referred to in Article 1 shall be ECU 26,5 million. 2. The annual appropriations shall be authorized by the budgetary authority within the limits of  the financial perspective. Article 7The Commission shall seek to ensure, in collaboration with the Member States, that the  Actions provided for in this programme and other cultural programmes, on the one hand, and those  provided for by the Community action programmes, in particular concerning education, such as  Socrates (1), and vocational training, such as Leonardo da Vinci (2), on the other hand, are  complementary. Article 8Two years after the programme has been brought into operation, and within the six  months following that period, the Commission, after having consulted the Committee, shall present  to the European Parliament and the Council a detailed evaluation report on the results achieved  accompanied, where necessary, by appropriate proposals, including proposals for the continuation of  the programme and the relevant arrangement so as to enable the European Parliament and the Council  to take a decision before the end of the period covered by this programme. This report will  highlight the added value created, particularly of a cultural nature, and the socio-economic  consequences brought about by the financial support granted by the Community. Article 9This programme, containing practical information on procedure, the closing dates for  submission of applications and the documents which must accompany applications, shall be published  each year in the C series of the Official Journal of the European Communities. Article 10This Decision shall enter into force on 1 January 1996. Done at Brussels, . . . For the European ParliamentThe PresidentFor the CouncilThe President(1) OJ  No C 324, 22. 11. 1994, p. 5. (2) Opinion delivered on 21 April 1995 (not yet published in the Official Journal). (3) Opinion of the European Parliament of 7 April 1995 (not yet published in the Official Journal),  Council common position of . . . (not yet published in the Official Journal) and Decision of the  European Parliament of . . . (not yet published in the Official Journal). (4) OJ No C 79, 5. 4. 1976, p. 8. (1) OJ No C 68, 14. 3. 1988, p. 46. (2) OJ No C 305, 25. 11. 1991, p. 518. (3) OJ No C 153, 22. 6. 1985, p. 2. (4) OJ No C 324, 24. 12. 1990, p. 350. (5) OJ No C 162, 3. 7. 1990, p. 1. (6) OJ No C 188, 19. 7. 1991, p. 3. (7) OJ No C 314, 5. 12. 1991, p. 1. (8) OJ No C 336, 19. 12. 1992, p. 1. (9) OJ No C 42, 15. 2. 1993, p. 173. (10) OJ No C 44, 14. 2. 1994, p. 184. (11) OJ No C 267, 14. 10. 1991, p. 45 and OJ No C 255, 20. 9. 1993, p. 51. (12) Resolution of 4 April 1994 (not yet published in the Official Journal). (1) OJ No L 87, 20. 4. 1995, p. 10. (2) OJ No L 340, 29. 12. 1994, p. 8. ANNEX KALEIDOSCOPE PROGRAMME To promote awareness and dissemination of the culture of  European peoples, particularly in the fields of the performing arts, visual or spatial arts and  applied arts, the Community intends to support artistic and cultural projects carried out in  partnership, or by means of networks, and large-scale European cooperation projects. To this end, the Community is organizing this programme, which includes the following measures: Action 1 - Support for events and cultural projects carried out in partnership or through networks  1. This programme is open to cultural and artistic projects jointly organized by cultural networks  or by cultural partners from at least three Member States, and involving creative or performing  artists or others active in the cultural sector from at least three Member States. Such projects should either involve creative work intended for public display or dissemination in  Europe or help to promote greater cultural exchanges and access to culture by the public. 2. (a) Cultural cooperation projects shall cover any artistic or cultural event involving creative  work intended for public display or dissemination in Europe. The areas chosen are as follows: the  performing arts (for example, dance, music, theatre and opera), visual or spatial arts (for  example, painting, sculpture, carving, engraving, architecture, photography and design),  multimedia, as a form of artistic expression, and applied arts. (b) Consideration shall also be given to projects intended to increase the spread of culture and  access to culture by the public, organized by cultural networks or others involved in culture from  at least three Member States, and involving creative or performing artists or others involved in  the cultural sector from at least three Member States. 3. Projects submitted under this programme must be of European interest, of high quality and  innovatory or exemplary in nature. Additional encouragement will be given to projects, the  organization of which includes study periods or courses for improving professional skills in the  arts or culture for the benefit, in particular, of young people. 4. Community funding shall not cover: - cultural actions or events covered by other Community programmes (cinema and television, cultural  heritage and literary translation), - cultural cooperation projects concerning regions of the same Member State or of a purely national  or bilateral nature, - the production of material and publications for commercial purposes; nevertheless, consideration  shall be given to monographs, collections, reviews, records, CDs, videos, CD-I and CD-ROM when  forming an integral part of a project, - investment or operating costs of the cultural organizations which do not form an integral part of  the project in question. 5. Generally speaking, support for a cultural project may not be repeated, and may in no event be  continued for more than two consecutive years. The renewal of Community support will be assessed by  independent experts nominated by the Commission acting on a proposal from the Member States on the  basis of the activity report for the project submitted by the organizers. Independent experts may  recommend changes to the project. 6. Projects must have a balanced financing plan setting out the financial requirements of the  action for which administrative costs must not exceed 20 % of the Community financing of the  project. Financial assistance for a project under the action may not exceed 25 % of the total cost  of the project in question and in no circumstances may it exceed ECU 50 000. In the case of  projects involving study periods or courses for improving professional skills or projects intended  to increase cultural dissemination or public access to culture, additional Community assistance may  be granted up to 50 % of the cost under this heading but it may not exceed ECU 20 000 in total. As  regards projects for improvement of professional skills only, Community assistance may cover up to  50 % of the total cost, up to a maximum of ECU 50 000. Projects involving a Community contribution of less than ECU 5 000 shall not, in principle, be  eligible under this programme. 7. Projects shall be the subject of an individual application to the Community. The application  shall include: - a detailed description of the actions, - a detailed estimated budget for these actions. 8. The resources to be committed to this action shall be not less than 60 % of the overall budget  allocated to this programme. Action 2 - Large-scale European cooperation actions 1. This action involves significant  large-scale quality projects having a European dimension and major cultural and socio-economic  impact. Under this action the programme is open to the same type of cultural and artistic projects and  under the same conditions as those described in Action 1, but subject to the following further  conditions: - projects must be jointly organized by cultural networks or by cultural partners from at least  five Member States, and must involve creative or performing artists or others active in the  cultural sector from at least five Member States, - projects may last no longer than three years. Extension from year to year depends on an  assessment of the actions carried out in the previous year to allow an assessment of both the  cultural quality and the socio-economic impact of the results obtained, - Community support for a project under this Action may exceed ECU 50 000, but may not exceed 25 %  of the total cost of the project. 2. However, in the context of projects under this Action, particular attention could be paid to  some existing large-scale European actions (in particular, the European Community Youth Orchestra,  the European Community Baroque Orchestra) for which Community support could exceed 25 % of the  total cost of the project, without prejudice to a regular assessment of such actions in accordance  with Article 8. Action 3 - Involvement of third countries 1. The third countries referred to in Article 4 shall  participate in the programme in accordance with the conditions set out in that Article.  Participation or cooperation shall take account of the following objectives: - the promotion of mutual knowledge of artistic and cultural creation, - the promotion of actions for the exchange and improvement of professional skills of creative or  performing artists. 2. Artistic and cultural cooperation projects involving, in both organization and participation in  the event, partners from at least one third country and two Member States shall be eligible. Action 4 - European City of Culture and European Cultural Month The Community shall provide  assistance each year to the European City of Culture and to the City designated to organize the  European Cultural Month. Action 5 - Specific measures A. 1. To bring about an improvement in cultural cooperation between  professionals in the cultural sector, between local, regional, national and European authorities,  assistance could be granted in limited individual cases to projects involving meetings organized at  European level or to studies and research directly linked to the development of Community cultural  action. 2. Such meetings and studies would not be directly linked to cultural projects and events supported  under this programme (Actions 1 and 2). 3. Applications must offer the financial guarantees required to carry them out. The Community  contribution under this action cannot in any circumstances exceed 50 % of the total cost of the  meeting or the study nor exceed ECU 50 000. B. The Commission will take the necessary measures to ensure publicity and the dissemination of  information on this programme so that cultural operators and networks are informed and made aware  of actions relevant to them. STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION1. On 25 October 1994, the Commission  submitted to the European Parliament and to the Council a proposal for a Decision establishing the  Kaleidoscope programme. 2. The European Parliament and the Committee of the Regions delivered their opinions on 7 April  1995 (1) and 21 April 1995 (2) respectively. 3. The Commission submitted an amended proposal in order to take account of the European  Parliament's opinion (3). 4. On 10 July 1995, the Council adopted its common position in accordance with Article 189b of the  Treaty. II. PURPOSE OF THE PROPOSALPursuant to Article 128 of the Treaty, the proposal is intended, by  means of cooperation, to encourage artistic and cultural creation and to promote knowledge and  dissemination of the culture and cultural life of the European peoples. 1. General commentsIn its common position, the Council approved the thrust of the Commission  proposal, while making the amendments it considered necessary. 2. Specific comments(The references below refer to the text of the common position.)2.1.  Amendments made by the Council to the Commission's amended proposal(a) Committee  procedureFollowing the model of the committees set up by the Decisions on Socrates, Leonardo and  Youth for Europe III, the Council opted for a Committee acting as a management committee for  certain matters and as an advisory committee for others. (b) Duration of the programmeThe actions in the area covered by this programme are relatively new,  and the Council preferred that they should last three years rather than five as proposed by the  Commission; an evaluation is scheduled two years after the implementation of the programme, and the  Commission will have the option, if appropriate, of making a proposal for a new programme covering  the period after 1 January 1999. (c) FinancingThe financial package for the implementation of the programme is set at ECU 26,5  million. This amount is obtained by adding up the amounts in the financial statement accompanying the  Commission proposal for 1996, 1997 and 1998. (d) Other commentsTo make the Annex easier to read, the Council re-cast the actions contained in  it, retaining the spirit but placing first the action to which at least 60 % of the total funding  is to be allocated (see Annex, Action 1, paragraph 8). 2.2. European Parliament amendments2.2.1. European Parliament amendments adopted by the  CommissionIn its amended proposal, the Commission took over, in part or in full, 32 of the 26  Parliament amendments. (a) European Parliament amendments adopted by the CouncilThe Council accepted 26 of the  Parliament's amendments, in full or in part, or differently worded. These amendments are as  follows: Nos 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 14, 15, 16, 19, 20, 22, 24, 25, 29, 30, 31, 34, 35,  36, 40 and 41. (b) European Parliament amendments not adopted by the CouncilAmendments Nos 5 and 32: reference in  a recital and the Annex (Action 5) to greater participation in the programme by disadvantaged young  people and professionals in the cultural sector living in peripheral, rural, remote, mountainous or  island regions. Amendment 28: aimed at introducing into Action 1 in the Annex (paragraph 1) the reference to the  priority to be given to cultural networks which would facilitate the access of the most  disadvantaged populations to culture. The Council considered that the common position did not rule out taking into account the most  disadvantaged populations. However, the content of these amendments was not covered by the purpose  of the Decision, which was based on Article 128 of the Treaty. Amendments 26 and 27: designed to delete from the Annex the references to large-scale projects, the  European City of Culture and the socio-economic impact of partnership actions. The Council took the view that, on the one hand, for the sake of transparency and clarity, it was  important to maintain the references to large-scale projects and the European City of Culture and  that, on the other, it was advisable to point out that culture could indeed play a part in creating  employment. Regarding the European City of Culture, support should be provided in the context of the programme  (see Action 4). Amendment 39: aimed at inserting an additional paragraph into Action 2 in the Annex with a view to  specifying the conditions under which a certain percentage of Community funding could be directed  towards covering communication and translation costs. The Council considered that this implementation question should be determined by the Committee  assisting the Commission in the implementation of the programme. 2.2.2. European Parliament amendments not adopted by the CommissionAmendment 13 on the financial  provisions governing the programmeThe Council agreed with the Commission and adopted for the 19th  recital of the common position a wording that faithfully reproduces the wording of the declaration  by the European Parliament, the Council and the Commission of 6 March 1995. Amendment 17: addition to the programme's objective aimed at improving the professional skills of  artists and other cultural operators (Article 2 (c)), of the categories of creative craftsmen  (working with paper, glass, iron, etc.). Amendments 21 and 23: on the composition and operation of the Committee assisting the Commission in  the implementation of the programme. Regarding these amendments, the Council shared the Commission's view that there were no grounds for  making the additions requested by the European Parliament. In particular, Amendment 17 proposed the broadening of the scope of the Decision to include  categories which benefitted from the Raphael programme, and amendments 21 and 23 did not appear to  comply with the existing rules on committee procedure. III. CONCLUSIONSThe Council considers that the common position constitutes a balanced text, suited  to the need to develop efforts in the artistic and cultural field at Community level. (1) Not yet published in the Official Journal. (2) Not yet published in the Official Journal. (3) Not yet published in the Official Journal.