1st REPORT ON THE CONSIDERATION OF CULTURAL ASPECTS IN EUROPEAN COMMUNITY ACTION
Date: 1996-04-17
Institutions: European Commission
Subjects: EU act, EU policy, European integration, cultural policy, culture

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  17.04.1996 
COM(96)  160  final 

1st REPORT ON THE 
CONSIDERATION  OF CULTURAL ASPECTS 
IN EUROPEAN  COMMUNITY  ACTION 

(presented by the  Commission) 

GENERAL INTRODUCTION 

In the preamble to the Treaty  on European  Union, signed in Maastricht on 7 February  1992, 
the High  Contracting  Parties  expressed their  resolve  "to mark a new stage  in the process  of 
European  integration  undertaken  with  the  establishment  of  the  European  communities... 
creating an  ever closer union among  the peoples  of Europe... " 

This  asserted  wish  to  associate  the  peoples  of  Europe  more  closely  with  the  process  of 
European  integration  is  reflected,  in  particular,  in  the  creation  of  European  citizenship 
("citizenship  of the  Union  is hereby  established") and  in the explicit  inclusion  of  new  areas 
within the jurisdiction  of the Community  (education, youth, culture, public health,  consumer 
protection,  etc.). 

European  union,  the principal  elements  of  which  have  been  linked  historically  to  economic 
and commercial  activities,  is thus required  to  deepen,  over  a wider  basis, which  is  likely  to 
increase  citizens'  involvement  and  reinforce  the  sense of  belonging  to the  European  Union, 
whilst  respecting  the  diversity  of  the  national  and  regional  traditions  and  cultures  involved. 
In this respect,  cultural  action  has  a major  role  to  play. 

The following  may be mentioned  as being  some of the changes brought  in by the Treaty  on 
European  Union  in relation  to  Culture: 
-  Article  3  EC  (p),  which  includes  as  one  of  the  objectives  of  Community  action:  "a 
contribution  to education and  training  of quality  and to the flowering  of the cultures  of the 
Member  States". 
- Article 92§3(d), which stipulates that the following  may be regarded as compatible with the 
common market:  "aid to promote  culture and heritage conservation where such aid does not 
affect trading  conditions and  competition  in the  Community to an  extent that  is contrary  to 
the common  interest". 
-  Title  IX,  Article  128,  which  provides  a  specific  basis  for  the  accomplishment  of 
encouragement  actions  intended,  while  respecting  national  and  regional  diversity  and  at  the 
same  time  bringing  the  common  cultural  heritage  to  the  fore,  to  support  and  supplement 
actions  in  Member  States in the  areas  specified. 

The  establishment  by  the  Treaty  on  European  Union  of  a  legal  basis  specific  to  culture 
signifies  that  Community  action  with  regard  to  culture  will  henceforth  be  of  a  permanent 
nature  and  become  an acknowledged  branch  of  Community  activity. 

Article  128 of  the  Treaty  establishing  the  European  Community  as  amended  by 

1. 
the  Treaty  on  European  Union 

Title  IX,  Article  128,  of  the  Treaty  on  European  Union  was  studied  in  depth  within  the 
context  of the Commission's Communication  to the European  Parliament  and  to the  Council 
of the European Union (COM(94) 356, of 27.07.94): "European Community action to promote 
Culture ". This Communication served as a framework  for the Commission's adoption of three 
action  programmes:  "Kaleidoscope",  devoted  to  artistic  and  cultural  activities,  "Ariane", 
devoted  to books  and  reading,  and  "Raphael", devoted  to  cultural  heritage. 

This  Communication  examined  the  following: 

1/  The aims  of  cultural  action,  namely  the  contribution  to  the  flowering  of  the  cultures  of 

introduction  - page 1 

k 

Member  States,  while  respecting  their  national  and  regional  diversity  and,  particularly, 
bringing  the  common  cultural  heritage  to  the  fore,  the  encouragement  of  European  cultural 
creativity,  and  cultural  cooperation  with  third  countries  and  international  organisations. 

2/  Areas  of  intervention:  knowledge  and  dissemination  of  the  culture  and  history  of  the 
European  peoples;  conservation  of  heritage,  cultural  exchanges,  and  artistic  and  literary 
creativity. 

3/ Procedures for  Community intervention.  On the  basis of the principles of subsidiarity  and 
complementarity,  intervention  consists  of  measures  to  encourage  cooperation  between  the 
Member  States  in  the  areas  of  intervention  in  question.  Article  128 cannot  serve  as  a  legal 
basis for  actions to harmonize the laws of the Member  States. It must be emphasized that this 
provision introduced by the Treaty on European Union in no way affects  the underlying basis 
of  a  number  of  legislative  harmonisation  documents  relating  to  other  objectives  but  which 
include  a  cultural  dimension  or  have  an  impact  in  the  cultural  field.  Consequently,  the 
Community's  capability  to  pursue  and  reinforce  its  action  in  respect  of  tasks  assigned  to  it 
under  the  Treaty  is  not  affected.  The  Treaty  on  European  Union  has  given  supplementary 
powers to the Community  - it has not taken any away - and specifies that such harmonisation 
(or  encouragement)  initiatives  must  henceforth  take  cultural  aspects  into  account  under  the 
terms of  Article  128, Paragraph  4. 

4/  The decision-making procedure  adopted  is that  referred  to in Article  189 B (co-decision), 
in consultation with the Regional Committee, the Council acting unanimously throughout this 
procedure. 

2. 

Consideration  of  cultural  aspects 
(Article  128, Paragraph  4) 

Article  128,  Paragraph  4,  stipulates  that  "The  Community  shall  take  cultural  aspects  into 
account  in  its  action  under  other  provisions  of  this  Treaty". 

This  is  an  essential  provision,  introduced  into  the  Treaty  by  the  High  Contracting  Parties, 
which reflects  their desire to make Culture one of the major objectives of the Union. In  effect, 
this  provision  gives  expression  to  the  European  Community's  obligation  to  consider  the 
cultural  objective  in  all  aspects  of  its  activity.  Article  128§4  makes  this  consideration  of 
"cultural  aspects"  a  requirement  which  is  all  the  more  important  given  that  such  aspects 
remain very largely within the jurisdiction of the Member States, the latter being fully  entitled 
to  define  their  objectives  and  policies  on  this  subject. 

Article  128 §4 thus  increases the  need  for  the  Community  legislator  to reconcile  the  Treaty's 
various  objectives  when  adopting  a  measure,  and  this  requirement  has  certainly  been 
implemented during the Community's history, with considerations specific to cultural  policies 
being  given  due  regard  in  the  drawing-up  of  Community  texts,  for  example  those  founding 
a common  policy  or providing  the  means  for  establishing  and  operating  the  internal  market. 
However,  with  the  entry  into  force  of  the  Treaty  on  European  Union,  this  requirement 
becomes compulsory  and systematic, in respect of both legislative texts and common policies. 

In order  to gauge the reality  and the  implications  of  the provisions of Article  128§4, as well 
as  the  prospects  these  offer  for  development  of  the  Community's  cultural  action,  the 
Commission announced,in the above mentioned Communication, that a report would be drawn 

introduction  - page  2 

Ih 

up  on  the  cultural  dimension  of  Community  policies,  this  report  being  intended  for 
distribution to the Parliament, Council and Committee of Regions. Moreover, the Commission 
had also announced  that  internal  measures would  be finalised,  enabling cultural  requirements 
to  be  taken  into  account  when  defining  and  implementing  Community  policies  with 
implications  for  the  field  of  culture. 

This report,  therefore,  does  not  relate  to  the  Comm-unity's cultural  actions  based  on  Article 
128, namely the Kaleidoscope programme (artistic events),, which entered into force  in March 
1996,  the  Ariane  programme  (books  and  reading)  and  the  Raphael  programme  (heritage) 
currently  being  studied  by  the  institutions. 

3. 

Methodology  of  the  report  on  128§4 

An  examination  of  the  way  in  which  the  various  Community  policies  and  texts  have  taken 
or  take  cultural  aspects  into  account  (the  subject  of  this  report)  naturally  depends  on  how 
Culture is defined.  In point  of  fact,  the  concept  of  Culture is a nebulous  one which  can  vary 
from  one  school  of  thought  to  another,  from  one  society  to  another  and  from  one  era  to 
another.  It  may  include  the  Fine  Arts,  literature,  etc.,  but  may  also  include  all  types  of 
knowledge  and  features  which  characterise  a society  and  make  it possible to  understand  the 
world. 

A  cultural  area  is  "a  space  within  which  the  association  of  certain  cultural  features  is 
dominant"  (F.  Braudel).  This  approach  can  be  seen  again  in  the  definition  of  Culture 
formulated  at  Unesco's  world  conference  on  cultural  policies:  "culture  consists  of  all 
distinctive,  spiritual  and  material,  intellectual  and  emotional features  which  characterise  a 
society or social group"  (Mexico  1982). 

The scope of this definition  gives a good  impression of the problems  involved  in drawing  up 
this report  since, on this basis, the entire  European  structure, the Treaties themselves and  all 
the  texts  they  have  generated  may  be  regarded  as  cultural  expression  and  works.  On  the 
contrary, to  restrict  "cultural  aspects" to only  the traditional  components of what  it  has  been 
agreed  to  term  "cultural  policy"  (heritage,  the  live  arts,  literature,  etc.)  might  mean  that 
important  parameters  involved  in the  formation  of  cultures  are  disregarded. 

Given that it is not for  an institution to define  the content of the concept of culture, this report 
(which  cannot  claim  to  be  exhaustive)  has  adopted  a  pragmatic  approach  and,  within  the 
limits  inherent  in this  approach,  seeks to  answer  the  following  four  questions: 

-  Which  Community  texts  and policies  have  taken  and  take  cultural matters  into  account, 
which ones have had and may have an  impact in cultural areas, and which have acquired  a 
cultural dimension? 

- In texts or policies  of  the above  type, how  have the objectives pursued  and objectives  of a 
cultural  nature  been  reconciled?  To  what  extent  have  cultural  aspects  been  taken  into 
account? 

-  Have  the  guidelines  implemented  and  decisions  taken  at  Community level  consolidated, 
adversely  affected  or  weakened  cultural-policy  guidelines  and  decisions  implemented  and 
taken at regional  or national level? 

introduction  - page  3 

/ 

-  What forthcoming  deadlines  are  there  which particularly  require  "cultural aspects"  to  be 
taken into account? 

Having set the scene, this report examines the ways and means of responding to the new tasks 
assigned  to  the  Community  by  the  Treaty  on  European  Union  within  the  cultural  field, 
particularly  by proposing a way of taking cultural aspects into account when drawing up texts 
and defining  and implementing policies which may have an impact in the cultural field,  while 
respecting  subsidiarity  and  the  cultural  diversities  of  the  Member  States. 

introduction  - page  4 

O Id 

REPORT  ON  THE  CONSIDERATION  OF  CULTURAL  ASPECTS 

IN EUROPEAN  COMMUNITY  ACTION 

(Article  128.4  of  the  EC  Treaty) 

I. 

CULTURE AND THE  SINGLE MARKET -  REGULATORY  ASPECTS 

Chapter I: 

FREEDOM  OF  MOVEMENT  AND  PROFESSIONALS  IN  THE 
CULTURAL  SECTOR 
COPYRIGHT 

Chapter II: 
Chapter III:  TAXATION 
Chapter IV:  COMPETITION  POLICY 
Chapter V:  MOVEMENT  OF  CULTURAL  ASSETS 
Chapter VI:  TRADITIONAL  AND  REGIONAL  AGRICULTURAL  PRODUCE 
Chapter VII:  CULTURE  IN  THE  JUDGMENTS  OF THE  COURT OF  JUSTICE 

II. 

CULTURE IN THE COMMUNITY'S  INTERNAL  POLICIES 

Chapter I  : CULTURE,  COHESION  AND  BALANCED  REGIONAL 

DEVELOPMENT 

1. 

2. 
3. 

Culture and  regional  programmes 
Objective  1 regions 
• 
Objective  2  regions 
• 
• 
Objective  5  regions 
Community  initiative  programmes  with  a regional  and  cultural  aim 
Article  10 of the  ERDF  rules 

Chapter  II  :  CULTURE,  SOCIAL  AND  HUMAN  RESOURCES  POLICY 

1. 
2. 

Culture  - employment  and  social  cohesion 
Culture  and  human  resources 

introduction  - page  5 

l-e 

Chapter  III  :  CULTURE  AND  ADVANCED  TECHNOLOGIES 

1. 

2. 

Advanced  Information  and  Communication  Technologies 

Content  industry  and  information  market 

Chapter  IV  :  CULTURE  AND  OTHER  INTERNAL  POLICIES 

1. 
2. 
3. 
4. 
5. 
6. 

Environment  and  culture 
Tourism  and  culture 
Research  and  culture 
Small  and  Medium  Enterprises  and  culture 
Social  economics  and  culture 
Community  action  to  promote  European  town-twinning 

III.  AUDIOVISUAL  POLICY 

Chapter  I  :  REGULATORY  ASPECTS 
Chapter  II  :  SUPPORT  ACTIONS 

IV.  CULTURE IN  COMMUNITY  FOREIGN  RELATIONS 

Chapter  I  : 
Chapter  II  :  COMMERCIAL  POLICY 

EXTERNAL  COOPERATION  ACTIONS 

V. 

CONCLUSIONS 

introduction  - page  6 

PART I  : CULTURE  AND  THE  SINGLE  MARKET  -  REGULATORY  ASPECTS 

This  part  is  an  examination  of  how  cultural  aspects  are  taken  into  account  in  drawing  up 
Community  law,  its  aim  being  to  analyse  how  the  Community  has  reconciled  the  Union's 
general objectives  with cultural  considerations  which may  sometimes be out of step with  the 
legal  obligations  deriving  from  implementation  of  the  Treaty. 

The priority of this examination has been to tackle topics directly affecting  the cultural  sector 
in the principal areas of Community law: the four fundamental  liberties of the Treaty:  freedom 
of movement  of people,  goods, services  and  capital,  copyright,  taxation,  competition  policy, 
the  movement  of  cultural  assets.  Consideration  has  been  given  to  derived  Community  law 
texts and the possible role  of the decisions of the  Court of Justice in the preparation  of  these 
texts has been clarified.  Moreover,  it was thought  useful  to conduct a census of the principal 
judgments  showing  how the  Court  has arbitrated  in the various  cases which have  included  a 
cultural  dimension. 

Each  chapter  in  this  part  includes  an  evaluation  of  the  degree  of  consideration  given  to 
cultural  aspects and  an  indication  of the principal  points of convergence  in the  future,  when 
such considerations  will be necessary.  In effect,  it should  be emphasized  that virtually  all the 
texts  and judgments  examined  relate  to  the  time  before  the  introduction  of  Article  128  into 
the  Treaty  on  European  Union. 

Chapter  I  : 

FREEDOM OF MOVEMENT AND PROFESSIONALS IN THE CULTURAL 
SECTOR 

Chapter  II  :  COPYRIGHT 
Chapter  III  :  TAXATION 
Chapter  IV  :  COMPETITION  POLICY 
Chapter  V  :  MOVEMENT  OF  CULTURAL  ASSETS 
Chapter  VI  :  TRADITIONAL  AND  REGIONAL  AGRICULTURAL  PRODUCE 
Chapter  VII  : 

CULTURE  IN  THE  JUDGMENTS  OF  THE  COURT  OF  JUSTICE 

CHAPTER  I: 

FREEDOM  OF  MOVEMENT  AND  PROFESSIONALS  IN  THE 
CULTURAL  SECTOR 

Community  citizens  are  free  to  move  between  Member  States  or  to  stay  in  a Member  State 
other than that in which they reside. In particular,  this right of abode allows any  Community 
citizen1 to seek and carry on paid or unpaid work, regardless of the field  of activity  envisaged. 
Professionals  in  the  cultural  sector  receive  full  benefit  from  the  fundamental  Community 
principle  of  the  freedom  of  movement  of  people. 

1/ 

* 

The  principles 

Freedom  of  movement  for  workers  (Article  48 et  seq. of  the  EC  Treaty 

Freedom  of  movement  of  workers,  referred  to  in  Article  48  of  the  EC  Treaty,  entails  the 
abolition of any discrimination based on nationality as regards employment, remuneration and 
other  conditions  of  work. 

However,  for  reasons of public  order, public  safety  and public health,  certain  limitations  are 
possible.  Moreover,  the  legislator  has  included  a reservation  concerning  employment  in  the 
public  service  (Art. 48.4). 

The Court of Justice of the European Communities has had the occasion to express an opinion 
on the notion of employment  in the public service and regarded this exception  as  concerning 
only  employment  which  includes  direct  or  indirect  participation  in  "the  exercise  of  public 
power"  or  functions  whose  object  is  "to  safeguard  the  general  interests  of  the  State"  or  of 
public  authorities2. 
In the wake of this judgment,  a number  of Member  States amended  their regulations relating 
to the  conditions  of  access to  employment  in the public  service. 

The  sectors  in  the  cultural  field  which  have  been  most  affected  by  this  liberalisation  are 
radio/television  and  state  education. 

* Freedom of movement of self-employed  persons: the right of establishment  (Art.  52 et seq. 
of the  EC Treaty)  and  the  freedom  to  provide  services  (Art.  59 et  seq.  of  the  EC  Treaty) 

The right of establishment presupposes the setting-up of a professional  establishment, by way 
of  principal  or  secondary  activity,  in  a  Member  State  other  than  the  state  of  residence,  in 
order  to  carry  on  a non-remunerated  activity  in that  state. 
The  freedom  to  provide  services  presupposes  the  simple  provision  of  a  service  for 
remuneration  without  the  setting-up  of  a professional  establishment  of  a permanent  or  long-
term  type. 

'Any  person  holding  the  nationality  of  one  of  the  Member  States 

2Two judgments  of  17.12.80  and  26.5.82,  Commission 

c/Belgium 

part  I  - page 1 

Just  like the freedom  of movement  of workers, the right of establishment  and the freedom  to 
provide services may be restricted  for reasons of public order, public safety  and public health 
and  do  not,  directly  and  specifically,  include  activities  involved  in  the  exercise  of  official-
authority  powers.  The  Court  of  Justice  has  also  interpreted  in  a  restrictive  manner  the 
exception  deriving  from  the exercise of official-authority  power  by distinguishing  the  notion 
of  activity  from  the notion  of profession.  Thus, the notion  of participation  in the exercise  of 
official-authority  power  cannot  constitute  an obstacle  to  access to  a profession  as  a whole3. 
Whether persons are self-employed  or not, the laws of the Member States must first  guarantee 
equality  of  treatment,  i.e.  they  must  prohibit  any  discrimination  on  the  basis  of  nationality. 

Moreover,  restrictions  which  can  be  applied  without  distinction  are  also  incompatible  with 
these  fundamental  liberties  recognised  by  the  Treaty  if  they  are  not justified  by  a  pressing 
reason  of  general  interest  which  does  not  receive  equivalent  treatment  in  the  country  of 
establishment  of the  operator,  if they  are  unsuitable  for  achieving  the  objective  pursued  and 
if they  are excessive vis-à-vis the required  objective  (namely, if they  can be replaced by  less 
restricting  measures). 

Among  the  restrictions  which  are  justified  by  objective  considerations  motivated  by  the 
general  interest,  certain  imperatives  have  been recognised  by the  Court4. 

2/ 

Flanking  measures 

The  freedom  of  movement  of  self-employed  persons  or  workers  would  not  be  fully 
operational  were  it not  accompanied  by  the  following  complementary  measures: 

mutual  recognition  of  qualifications; 
coordination  of  laws,  regulations  and  administrative  provisions  relating  to  access  to 
and  the  carrying-on  of  activities  of  self-employed  persons; 
coordination  of the  laws,  regulations  and  administrative  provisions  relating  to  social 
security. 

A number of sector-specific  directives were adopted but they related essentially to the medical 
and  paramedical  professions. 
In  relation  to  the  non-medical  professions  and  of  interest  to  the  cultural  sector  is  the 
following: 

-  the  directive  dated  10.6.855,  relating  to  architects  and  "referring  to  the  mutual 
recognition  of 
diplomas,  certificates  and  other  qualifications  in  the  field  of 
architecture  and  including  measures  intended to facilitate  the exercising of  the  right 

3M 

Reyners" judgment  of  the  Court  of  Justice  of the  European  Communities,  dated  21.6.74 

4 

See  Chapter  VII,  pages  24  to 27. 

OJECC223,  21.8.85 

part  I  - page  2 

5 

of establishment  and  of  the freedom  to provide  services". 

Subsequently, the Community  institutions  decided to dispense with the case-by-case  method, 
replacing  this  with  a general  recognition  system.  To this end,  two  directives  were  adopted: 

the  first  one,  dated  21.12.88  (in  force  from  1.1.91),  aims  to  institute  a  system  for 
recognition  of diplomas  from  higher  education  whose duration  is equal  or  equivalent 
to  at  least  three  years; 

the  second,  adopted  on 24.7.92  (in force  since  18.6.94), relates to studies  lasting  less 
than  three  years  and  to  certificates  of  professional  competence  and  certificates  of 
competence  issued  within  the  context  of  secondary,  general  or  vocational  education. 

These two directives  have come  into  being  only  in the absence  of  a sector-specific  directive 
and  their  aim  is to  facilitate  the  carrying-on  of  all  professional  activities  which  are  subject, 
in the  host  state, to  the  possession  of  a qualification,  i.e.  the regulated  professions. 

This  system  is  based  on  the  principle  of  mutual  trust.  However,  if  major  discrepancies 
between training systems exist (in respect of content and duration), the host state may  impose 
compensation  measures,  either  an  adaptation  stage  or  an  aptitude  test. 

In February  1996, the  Commission  approved  a report on the operation  of the  general  system 
for  recognition  of  higher-education  diplomas,  for  the  period  1991-94,  in  which  it  notes  that 
this new  system  is operating  satisfactorily. 

In the cultural  sector,  in the vast  majority  of  cases, the regulated  professions  are  covered  by 
the  general  system  of  recognition. 
In  France,  for  example,  auctioneers,  as  a  regulated  profession,  are  covered  by  the  general 
system  of  recognition.  To  this  end,  a  directive  dated  21.12.90  abolished  the  nationality 
condition. 

As  regards  social  security,  a  Community  regulation  dated  14.6.71,  supplemented  by  a 
regulation dated 2.6.83, coordinates the various national systems which are applicable to self-
employed  persons  or  workers  moving  about  within  the  Community.  The  Community 
regulation  excludes  "social  and medical  assistance" which  is reserved  for  nationals.  Cultural 
workers and  artists moving  within  the Community  are entirely  covered  by these  regulations. 

%  +  Of.  $  j)e  + 

Given these various  factors,  it can be seen that the Community  is constantly  striving to  make 
the freedom  of movement of persons carrying on an economic activity fully  effective  and that 
this  is applied  satisfactorily  to  professionals  involved  in the  cultural  field. 

Nevertheless,  certain  problems  specific  to  such  professionals  have  led  Culture  Ministers  to 
consider the special context in which cultural professions  are pursued, going so far as to evoke 
the  idea  of  an  artists'  statute.  Although  the  vast  majority  of  Member  States  have  indicated 
their interest as regards the situation of the artistic professions (direct taxation, social situation, 
etc.),  they  have  insisted  on  the  fact  that  they  regarded  these  matters  as  falling  under  the 

part  I  - page  3 

6 

jurisdiction  of  the  Member  States  and,  at  this  stage,  saw  no  justification  for  Community 
action,  particularly  on the  grounds  of  the principle  of  subsidiarity6. 

Within the general context of freedom  of movement, the Commission has set up a  "high-level 
working  group  on  the freedom  of movement  of persons", whose task  is to draw  up a  report, 
before  the  end of  1996, on all the problems  (legal, administrative  and practical)  encountered 
by citizens  in the exercise of their  right to work and establishment  in another  Member  State. 
On  the  basis,  particularly,  of  Article  128 §4,  it  will  certainly  pay  great  attention  to  the 
problems  which  appear  to  be  of  specific  interest  to  the cultural  sector. 

Informal  Antwerp  Council,  19 and  20  September  1993 

part  I  - page  4 

7 

CHAPTER  II: 

COPYRIGHT  AND  RELATED  RIGHTS 

There are both economic and cultural aspects to copyright, the former  relating to the  author's 
right to derive a financial  advantage from  the economic exploitation of his work, and the latter 
relating  to  the  fact  that  they  promote  intellectual  and  artistic  creation. 

Generally  speaking, copyright  is defined  as an exclusive right to exploit a literary, musical or 
artistic  work  and  is made  up  of  prerogatives  of  a patrimonial  and  moral  nature. 

In  terms  of  patrimony,  the  copyright  holder  essentially  benefits  from  two  prerogatives: 
authorising the representation  (direct communication to the public) or the reproduction  of his 
work  (physical  embodiment  of  the  work  via  any process). 

The  author  also  benefits  from  prerogatives  pertaining  to  moral  rights,  such  as  the  right  to 
oppose  any  distortion  of  his  work  or  the  right  to  claim  authorship  of  it,  which  are  justified 
by the  fact  that  the  work  is a reflection  of  the  author's  personality. 

Related  rights  are  rights  similar  to  those  of  copyright  which  aim  to  protect  certain  artistic 
professions  where  a  creative  activity  in  the  strict  sense  of  the  term  is  not  pursued  (such  as 
interpreting  or  performing  artists,  record  producers  and  broadcasting  bodies). 

The emergence of new technologies and the achievement  of the internal market  in  1992 have 
spurred  the  Community  into  action  in this field. 

1. 

Community  acts 

The  Community's  work  in this  field  began with  the adoption,  in  1988, of  a Green  Paper  on 
copyright  and the technological  challenge7 (which was essentially  an economic  analysis)  but 
above all  with the  adoption,  in  1990, of a working plan8  in which  the Commission  defines  a 
new  approach  incorporating  the  dual  cultural  and  economic  nature  of  copyright.  This  new 
approach  emphasizes,  in  particular,  that  any  harmonisation  of  copyright  and  related  rights 
must  take  place  on the  basis  of  an  increased  level  of protection,  owing  to  the  fact  that  they 
are  essential  to  cultural  creativity  and  the  fact  that  their  protection  makes  it  possible  to 
guarantee  maintenance  and  development  of  creativity  in the  interests of  authors, the  cultural 
industries,  consumers  and  the  community  as a whole. 

The Community,  in effect,  tended to strengthen copyright protection and other rights (upward 
harmonisation). 

It should  be emphasized  that  sensitivities  specific  to the cultural field led the Commission  to 
embark  on  a  number  of  consultations  with  professional  circles  before  any  harmonisation 
proposal. 

7COM(88)  172  final,  7.6.1 

Following up the Green Paper, Commission working plan in the field of copyright and 
related  rights.  COM(90)584  final,  dated  17.1.91 

part  I  - page  5 

8 

Up to  the  present  time,  a number  of  directives  aimed  not  only  at  a high  and  effective  level 
of  protection,  but  also  offering  a  legal  framework  favourable  to  the  development  of 
intellectual  and  artistic  creativity,  have  been  adopted. 

Currently,  these  directives  form  the  first  basic  layer  of  measures  defining  a  high  degree  of 
protection,  at  Community  level,  in  the  field  of  copyright  and  related  rights. 

The directives  adopted  are  as  follows: 

1. 

Directive  relating  to the  legal  protection  of  computer  programmes,  dated  14.5.919 

The aim of this directive is to grant copyright protection to computer programs, in any 
form,  as literary works. It defines those who should benefit  from the protected  article, 
the exclusive  rights of the protected  persons to authorise  or prohibit  certain  acts, and 
the  duration  of  protection  (a  duration  of  50  years  increased  to  70  years  by  the 
"duration"  directive  mentioned  below). 

2. 

Directive  relating  to  the  right  to  hire  and  to  lend  and  to  certain  rights  similar  to 
copyright  in the  field  of  intellectual  property, dated  19.11.9210 

This  directive  provides,  on the  one hand,  for  the  exclusive  rights  to  hire and  to  lend 
works protected  by copyright,  for  certain groups of titleholders  (authors,  interpreting 
or  performing  artistes,  record  producers  and film producers)  and,  on  the  other  hand, 
rights of embodiment,  reproduction,  distribution, broadcasting  and communication  to 
the  public  in  the  field  of  protection  of  related  rights. 

3. 

Directive relating to the coordination of certain rules in respect of copyright and rights 
related  to  copyright  which  are  applicable  to  satellite  broadcasting  and  cable 
retransmission,  dated  27.9.93n 

In  the  field  of  intellectual  property,  this  directive  supplements  the  directive  dated 
3.10.89  ("Television  without  Frontiers")12 and aims to harmonise the legal  framework 
of  the  single  audiovisual  area  by,  on  the  one  hand,  establishing  the  principle  of  the 
contractual  acquisition  of satellite  communication  rights  in a single place  and, on  the 
other  hand, that of collective management  for the negotiation  of cable  retransmission 
rights. 

9 91/250  OJEC  L  122/42, of  17 May  1991 

10 92/100/EEC.  OJEC No.  L  346/61,  dated  27.11.92 

11 93/83/EEC.  OJEC No.  L  248/15, dated  6.10.93 

12  Directive  89/552/EEC  aimed  at  the  coordination  of  certain  laws,  regulations  and 
administrative  provisions  of  the  Member  States  which  relate  to  the  carrying-on  of  TV 
broadcasting  activities.  OJEC No.  L  298, dated  17.10.89 

part  I - page  6 

9 

4. 

Directive relating  to the harmonisation  of the duration  of protection  of copyright  and 
certain  related  rights,  dated  29.10.93'3 

This  directive  harmonises  the  duration  of  copyright  protection  over  a  period  of  70 
years  after  the  author's  death  or  70  years  after  the  work  has  been  lawfully  made 
accessible  to the public. The  duration  of protection  for  related  rights is 50 years  after 
the  operative  event. 

5. 

Proposal  for  a directive  relating  to  the  legal  protection  of  databases 

This  proposal  was  the  subject  of  a joint  Council  position  on  10.7.95  and  aims  to 
harmonise  the  copyright  applicable  to  databases  of  any  type  (electronic  or  non 
electronic).  It  also establishes  a new economic  right  (right sui generis) to protect  the 
financial  and professional  investment  of a database manufacturer,  thereby  giving  him 
the  opportunity  to  prevent  the  unauthorised  extraction  and/or  re-use  of  all  or  of  a 
substantial  part  of  the  contents  of  the  database. 

2. 

Evolution 

The  Commission  is  pursuing  its  work  on  other  topics  related  to  intellectual  property  and 
mentioned  in  its  1991  "Work  Programme" {cf.  supra), such as the private  copying  of  sound 
and audiovisual works, the right to follow property, reproduction, collective management and, 
finally,  moral  rights. 

Moreover,  on  19.7.95,  the  Commission  adopted  a  Green  Paper14  on  copyright  and  related 
rights  in  the  Information  Society  so  as to  generate  general  consideration  of  whether,  in  this 
context,  further  legislative  initiatives  are  required  in the  following  fields: 

-  applicable  law 
-  exhaustion  of  rights 
-  the  right  of  reproduction 
-  communication  to  the  public 
-  dissemination  and  digital  broadcasting  rights 
-  moral  rights 
-  the  exploitation  of  rights 
-  systems  for  identifying  and  protecting  works 

In the  light  of these  various  developments,  it can be seen that  Community  action,  within  the 
context of the internal market,  in the field of copyright  and related rights, has not been to the 
detriment of cultural  interests but, on the contrary, has guaranteed  a high and effective  degree 
of  protection  for  intellectual  and  artistic  creation. 
As regards  topics  still to be tackled,  the  Community  will  endeavour,  as it has done  hitherto, 
to  maintain  this  high  level  of  protection. 

13 93/98/EEC.  OJEC No.  L 290/9,  dated  24.11.93 

14 COM  (95)  382 final 

part  I  - page  7 

10 

CHAPTER  III  : 

TAXATION 

The  achievement  of  the  single  market  and  the  abolition  of  intra-Community  taxation  and 
customs  barriers  that  this  involved  have  led  the  Community  to  substantially  modify  the 
turnover  taxation  rules  applicable  to  intra-Community  acquisitions  and  to  bring  the  rates  of 
VAT  and  excise  duty  in  force  in  each  Member  State  more  into  alignment. 

On  1 January  1993, the Community  established  a transitional  stage intended  to bring  indirect 
taxes  into  line15.  This  stage  makes  it  possible  to  move  towards  progressive  convergence  of 
rates  of  VAT  and  excise  duty  in  force  in  the  various  Member  States.  To  this  end,  on  19 
October  199216,  the  Community  adopted  a  directive  amending  Directive  77/38817.  In 
accordance  with  this  text,  the  Member  States  may  have  recourse  to  only  two  categories  of 
rates, a reduced  rate which may not be less than  5% and a normal rate which may not be less 
than  15%18. This directive also provides for temporary exemption from  the general system and 
a  list  of  goods  and  services  to  which  a reduced  rate  may  be  applied. 

For taxable persons, the transitional  system  thus set up maintains the principle  of taxation  of 
goods  in the  country  of  consumption  whilst  permitting  the  abolition  of  border  controls. 

As regards the definitive  taxation  system,  which  should  be based on the principle  of taxation 
in the country  of  origin, the  Commission  will  submit  its basic ideas for  the  establishment  of 
the  definitive  system,  together  with  a possible  timetable  for  its implementation  during  1996. 

1. 

Community  acts 

A  -  Cultural  goods  and  services  are  liable  to  VAT.  It  should  be  emphasized  that  the 
European  legislator  has  given  Member  States  the  facility  to  apply  the  reduced  rate  of  VAT 
(to  the majority  of  these  goods  and  services),  in  order,  in particular,  to  promote  artistic  and 
intellectual  creativity  and  access  to  culture. 

The  reduced  rate  of  VAT  is thus  applicable  to: 

15ECOFIN  Council,  dated  18.12.89 

"'Directive  92/77/EEC  OJEC  No.  L  384/47,  dated  31.10.92, relating  to  VAT  simplification 
measures 

17Sixth  Council  directive,  dated  17.5.77,  OJEC  No.  L145/1,  of  13.6.77,  relating  to  the 
harmonisation  of  the  laws of  the  Member  States  relating  to turnover  taxes 

18The  Commission  has  recently  submitted  a  proposal  for  a  directive  amending  Directive 
77/388/EEC  relating  to  the  common  VAT  system  (level  of  the  normal  rate).  This  proposal 
makes  provision  for  keeping  the  normal  rate  of  VAT  within  the  following  band:  minimum 
rate  of  15% and  maximum  rate  of 25%. 

part  I  - page  8  11 

-  books  and  magazines 
-  copyright  and  related  rights 
-  cultural  events  and  exhibitions 
-  cinema,  museum,  concert-hall  and  theatre  tickets 
-  television  services  (public  fee,  subscription) 

On the other hand, the normal  rate of VAT applies to other cultural  goods and services,  such 
as: 

-  records, 
-  audio  cassettes, 
-  video  cassettes, 
-  CD Roms  and  CDIs 
and  also 
-  conservation  and  restoration  work  on  monuments. 

Finally,  provision  has  been  made  for  a  number  of  exemptions  up  to  1997  for  those  States 
which,  on  1 January  1991,  were  applying  rates  below the  reduced  rate  of  VAT: 

Belgium  : rate  of  0%  for  daily  papers  and  periodicals, 
Denmark  : 
0%  rate  for  daily  papers, 
Ireland  :  0%  rate  for  books, 
France  :  2.1% rate  on  some printed  matter  and books, 
United Kingdom  :  0%  rate  on  books,  daily  papers  and 

periodicals. 

B - On  14 February  1994, the Council  supplemented this mechanism with a  directive 
relating  to  secondhand  goods,  works  of  art,  antiques and  collections. This  directive,  which 
came  into  force  on  1  January  1995,  relates  to  goods  which  are  the  subject  of  multiple 
transactions and which, given that at each stage of the transaction they generate fiscal revenue, 
could  give  rise  to  a risk  of  dual  taxation  between  Member  States. 

The  essential  elements  of  this  new  system  may  be  summarised  as  follows: 

1. 

2. 

3. 

Private  sales  are  not  subject  to  VAT. 

For  professionals,  the  principle  of  taxation  is  that  VAT  is  charged  on  the  vendor's 
margin  (difference  between  the  price  at  which  the  vendor  bought  the  goods  and  the 
price at which he resells them), in order to avoid cumulative  taxation.  Sales at  public 
auctions  organised  by  auctioneers  benefit  from  the  same  provisions. 

The  rate  of  VAT  on  the  resale  margin  is  the  normal  rate  of  the  Member  State  in 
question (at  least  15%). In the case of sales made directly by the artists or their  heirs, 
a  reduced  rate  may  be  applied  and  is that  of  the  Member  State  in  question  (at  least 
5%). 

As regards  applicable  taxation  rates, the  following  factors  have  been  taken  into  account: 

part  I  - page  9 

12 

the  cultural  interest:  certain  goods  or  services  of  special  cultural  interest  can  benefit 
from  the  reduced  rate  of  VAT. 

The Member States can apply the reduced rate particularly to works of art,  collections 
or antiques. By way of temporary derogation (up to 30.6.99), the United Kingdom  can 
apply  a  specific  rate  of  2.5% to  certain  of  these  imports. 

The  risks  of  part  of  the  art  market  moving  to  third  countries:  modifications  in  the 
levels  of  taxes  and  charges  applied  in  the  Community  should  not,  in  effect,  lead  to 
certain  transactions  moving  to third  countries nor to distortions  in treatment  between 
imports  and  operations  within  the  Community. 

increased third-country competition: any modification of the level of taxes and charges 
applied  in  the  Community  risks  giving  rise  to  a  flight  of  transactions  towards  third 
countries owing to the great sensitivity of the art market and the high unit price of the 
goods  exchanged; 

competition  between  the  Member  States:  not  all  the  Member  States  have  the  same 
system for  taxing works of art, for  example the United  Kingdom has a special  system 
enabling  it  to  exempt  imported  works  of  art,  antiques  and  collections  from  VAT 
provided  they  were  produced  before  1973. 

2. 

The  current  debate 

Establishing  the  Community's  indirect  taxation  system has taken  account,  apparently,  of  the 
specific  cultural  nature  of  certain  goods  and  services  by  giving  all  the  Member  States  the 
possibility  of  applying  a reduced  rate. 

As  regards  sales  of  records,  cassettes,  CD  ROM  and  CDI,  European  professional  circles 
(video  and  multimedia  publishers,  record  producers,  etc.) argue  in favour  of  including  these 
goods  in  the  list  of  goods  and  services  which  are  able  to  benefit  from  the  reduced  rate,  for 
the  following  reasons: 

- the application of different  rates (5 and  15% minima) between, on the one hand, cinema and 
television and, on the other hand,  video, creates distortion of competition to the detriment  of 
video,  although  these  are  simply  different  methods  of  transmitting  the  same  films  or 
programmes; 

- video and multimedia  supports are new means of dissemination  and access to culture  which 
should  be  encouraged. 

Professional  circles are therefore  asking the  Community  to expand  the list of  "reduced  rates" 
to  cover  video  cassettes,  multimedia  supports  and  disks,  with  a  view  to  establishing  the 
definitive  of  VAT  system. 

Currently,  the  majority  of  the  Member  States  appear  unwilling  to  approve  such  a  reduction 
in  the  rate  of  VAT.  To  date,  the  Commission  has  received  formal  notification  of  only  two 
requests  for  revision  along  such  lines.  Since  the  application  of  a  reduced  rate  of  VAT  is 

part  I - page  10 

13 

optional, it should be emphasized that any expansion of the field of application of the reduced 
rate risks leading to a multiplication of the differences  between the laws of the Member  States 
and,  consequently,  giving  rise  to  considerable  deflection  of trade. 

Moreover,  delimitation  in the area of indirect  taxation of goods and services likely  to  benefit 
from  a reduced  rate  can  be  envisaged  only  on  the  basis  of  one  of  the  following  criteria: 
-  either  the  actual  nature  of  the  goods  or  services,  in  which  case  the  applicable  rate  is 
independent  of  the  cultural  nature  of  the  goods  or  services  (the  case  of  books  nowadays 
illustrates  this  question  of  arbitration  between  the  reduced  rate  and  the  normal  rate); 
- or the cultural content  of the goods or services, which then requires differences  in treatment 
to  come  into  operation  within  one  and  the  same  category  of  goods  and  services,  to  the 
detriment  of the simplicity  of the taxation  system. Moreover, the distinction  between  cultural 
activity  and  leisure  activity  is particularly  difficult  to  establish. 

Finally,  if  the  principle  of  neutrality  of  the  tax  on  the  various  dissemination  means  and 
supports has effectively  to be guaranteed,  its application presupposes that identical  provisions 
will  be  applied  to  identical  situations. 

As  regards  conservation  and restoration  work on monuments, owing  to  their  importance  in 
dissemination and providing access to culture for the European citizen, a reduced rate has also 
been requested by non-governmental  organisations active in the heritage field. However, given 
the nature  and  the  character  of  these  items,  it is noted  that the existence  of  different  rates  in 
the  various  Member  States  does  not  appear  significantly  to  disrupt  the  functioning  of  the 
internal  market  (no  risks of  deflection  of trade)19. 

The  Commission's  report  on  the  application  of  reduced  rates,  for  the  initial  years  of 
implementation  of the  1992 directive, concluded  that, at the moment, there was no distortion 
of competition  nor  deflection  of trade  to justify  adding  cultural  goods  and/or  services  to  the 
reduced-rate  list20. 

19 At the  Council  of  Culture  Ministers  (informal  meeting  at Wiirtzburg,  1993), the  Ministers 
had  an  initial  exchange  of  views  on  this  question. 

20 Commission report to the Council in accordance with Articles  12§4 and 28§2.g, of the Sixth 
VAT  Directive  (COM  (94)  584). 

part  I  - page  11 

4 

CHAPTER  IV:  COMPETITION  POLICY 

Competition policy plays a significant role in promoting harmonious development of economic 
activities, continuous and balanced expansion, increased stability and accelerated  improvement 
in  the  standard  of  living  in  the  Community.  Therefore,  it  contributes  to  guaranteeing  the 
efficient  functioning  of  the  internal  market,  while  promoting  the  protection  of  consumers, 
workers  and  employers. 

This  policy  includes: 

- rules applying to undertakings (Articles 85 et seq. of the Treaty): the following  are  therefore 
prohibited  -  on  the  one  hand,  all  agreements  between  undertakings,  and  asociations  of 
undertakings, which may  affect  trade between  Member  States and which have as their  object 
or effect  the prevention, restriction or distortion of competition within the internal market and, 
on the  other  hand,  any  abuse  of  a dominant  position  (Article  86). 
Nevertheless,  under  certain  very  specific  conditions,  the  Treaty  makes  provision  for  an 
exception  to  this  principle  of  prohibition  by  authorising  certain  agreements  between 
undertakings21. 
Moreover,  it should  be recalled  that,on  21.12.89, the Council adopted  a regulation  (4069/89) 
relating to the monitoring of regrouping operations between companies. Under this regulation, 
the  Commission  was  empowered  to  monitor  "Community-wide"  regrouping  operations. 
According  to Article  3 thereof,  regrouping  is understood  to mean  "the possibility  of  exerting 
a  decisive  influence  on the  activity  of  a company"  (mergers, etc.). 

- rules applying to the States and particularly  to aids granted by the States (Articles 92 et seq. 
of  the  Treaty): the  following  are  regarded  as  incompatible  with  the  common  market  -  aids 
which  would  affect  trade  between  the  States  and  which  distort  or  threaten  to  distort 
competition  by  favouring  certain  firms  or  certain  products. 
However,  the  principle  of  incompatibility  of  State  aids with  the  internal  market  is  far  from 
being  absolute.  Article  92,  in  effect,  makes  provision  for  types of  aid  which  are  compatible 
or  may  be  regarded  as compatible  with  the  common  market. 

Article  128§4 notes a specific  point of correspondence with Article 92§3d insofar  as the latter 
makes  provision  for  the  following  to  be  regarded  as  compatible  with  the  common  market, 
namely  "aid intended  to promote  culture and the conservation of  heritage when  it does  not 
adversely affect  the  conditions  of  trade and  competition within the  Community to  an  extent 
detrimental  to the  common  interest". 

2'Article  85.3  of  the  Treaty  makes  provision  for  an  exemption  to  be  granted  in  the  case  of 
agreements  which  fulfil  the  following  four  conditions: 

-  if  they  contribute  to  improving  production  or  distribution, 
-  if  they  promote  technical  or  economic  progress, 
-  if  they  allow  consumers  a fair  share  of the  resulting  benefit, 
-  if  they  do  not  impose  restrictions  which  are  not  indispensable  to  the  attainment  of 
the  objectives  of  the  agreement. 

part  I  - page  12 

15 

If  cultural  goods  and  services  exhibit  special  features  which  are  recognized  as  such,  the 
cultural  sector,  in its economic aspects,  is subject  to the rules of competition  as are  the  other 
sectors.  It  is  therefore  necessary,  for  this  sector  also,  to  guarantee  that  competition  is  not 
distorted  and  that  the  provision  of  aid  out  of  proportion  to  the  cultural  aims  pursued  is 
avoided. 
The  Commission's  competition  policy  has  taken  into  account  and  continues  to  take  into 
account  features  specific  to the field of  culture.  In this context,  this policy  makes  it possible 
to  provide  suitable  support  for  the  cultural  actions  of  the  Member  States.  In  effect,  the 
Commission  has  a  record  of  having  authorised  State  aids  intended  to  promote  culture  and 
heritage  conservation,  while  ensuring  compliance  with  the  fundamental  rules of  the  internal 
market  and  of  competition. 

1/ 

Rules  of  competition  applying  to  undertakings 

In the cultural  field,  these rules of competition  relate more particularly  to the publishing  and 
audiovisual  sector. 

A/The  publishing  sector 

1. 

The  current  situation 

As  regards  books  and,  more  particularly,  conventional  systems  for  fixing  book  prices,  the 
Commission  has  always  striven  to  adopt  a pragmatic  attitude  in cases  submitted  to  it,  given 
the specific  nature of books and owing to the introduction  into the Treaty  of the new  Article 
128, referring to culture. However, the Commission must be vigilant and ensure that the rules 
of the  Treaty,  and  particularly  Article  85, are  complied  with. 

To  date, the  Commission  has  been  advised  of  four  exemption  requests  and  has refused  two 
(VBVB/VBBB and NBA cases). The first decision was confirmed  by the Court of Justice and 
the  second  was  confirmed  as  regards  aspect  85.1  (ban  on  understandings),  but  rejected  as 
regards the application  of Article  85.3 (exemption).  In the other cases and  again  in the  NBA 
case, the Commission,  which has to carry out an economic and legal analysis, is still  studying 
the possibility  of  whether  or  not  to  grant  an  exemption. 

Moreover,  it  should  be  remembered  that  the  legislative  systems  for  fixing  book  prices  are 
subject  to the  rules  relating  to  the  free  movement  of  goods  (Article  30 et seq.). 
To date, only two Member  States (France and Spain) have drawn up a regulation of this type. 
Although the Spanish regulation has not proved to be incompatible with Community  law, the 
French  regulation  has  had  to  be  modified  in  order  to  conform  to  Community  rules. 

2. 

The  current  debate 

Within  a  Community  context  subject  to  much  debate,  in  which  publishers,  booksellers, 
readers/consumers  appear  divided,  the  Commission,  after  in-depth  analysis  of  the  general 
problem  of  book  prices, arrived  at the  conclusion  that  it is currently  inappropriate  to  submit 
a proposal  on the restrction  of book prices. Moreover,  it pointed out that, culturally  speaking, 
the  question  of  book  prices  is  only  one  factor  to  be  taken  into  account  in  seeking  and 

part  I  - page  13 

16 

implementing  a global  policy  in  favour  of  books  and reading.  Such  a policy  must  be  aimed 
both at encouraging a wide readership, based on a diversified  supply, the guarantee of genuine 
access  to  culture,  as  well  as  supporting  creation  and  maintaining  a  productive  publishing 
sector. In addition, the dynamic nature of the book sector also depends on other  factors,  such 
as promotion,  education,  training,  regional  development  measures, etc. 

B/ 

The  audiovisual  sector 

Articles  85 and  86 of  the Treaty  were  not  designed  to protect pluralism  in the  media  or  any 
other  objective  of  a cultural  nature.  However,  the  Commission  has been  skilful  in using  the 
legal instruments at its disposal as regards competition to indirectly guarantee the maintenance 
of market competition  structures and to contribute to the diversity of the programmes  offered 
to the  public. 

A few cases can be used to illustrate the Commission's  desire to monitor  strict application  of 
the rules  of  competition  while  taking  account,  particularly,  of their  effects  on  pluralism: 

*The  MSG  Media  Service  in  which  the  Commission  prohibited  the  setting-up  of  a  joint 
venture  between  major  groups  such  as  Bertelsmann  and  Deutsche  Bundespost  Telekom,  on 
the basis that  such  a joint  venture  would  have the result  of cutting  off  access to the  German 
pay-TV  market  and  thus  limit  access  to the market  for  rival  suppliers; 

T he  case  of  Nordic  Satellite  Distribution  in  which  a  comparable  result  was  obtained  by 
means  of  a  refusal  on the part  of  the  Commission; 

*the Holland Media Group (HMG) in which the Commission required the parties (in particular 
RTL4  and  RTL5,  as  well  as  the  VERONICA  channel)  to  seek  appropriate  measures  to 
guarantee  that  the  Dutch  market  would  remain  open to rival  suppliers. 

The Commission also gave a ruling  in its communication of 21.2.90 on the importance  given 
to respect  for  pluralism  in  the  media  sector. 
Therefore,  it was  stated  that  Community  audiovisual  policy  must  also aim to ensure that  the 
development  of the  audiovisual  sector  does not take place to the  detriment  of pluralism  but, 
on  the  contrary,  that  it  makes  a  contribution  to  strengthening  the  latter  by  favouring,  in 
particular,  the  diversity  of  the  programmes  offered  to the public. 

However,  respect  for  pluralism  has  not  been  the  sole  preoccupation  in  this  area,  since  the 
Commission  has  also  handed  down  several  decisions  stating  that  access  to  major  events, 
including cultural  events, must be ensured in order to guarantee public access to  information. 
Therefore,  by  way  of  example,  the  MGM/UA  case  may  be  mentioned,  in  which  the 
Commission examined whether, on the basis of Articles 85 and 86 of the Treaty, the exclusive 
rights  granted  were  or  were  not  excessive  in this  sphere. 

However,  this consideration  of cultural  aspects is limited owing to the nature  of the rules  of 
competition.  It  is  thus  unlikely  that  protection  of  a  cultural  objective  can,  on  its  own, 
constitute  the  basis  for  an  individual  exemption.  However,  it  should  be  noted  that  other 
criteria not expressly  mentioned  in Article  85-3 have already been taken  into account  by  the 
Commission, namely the social criterion in the case of the restructuring of cartels in crisis (eg. 

part  I - page  14 

17 

decisions relating to the agreement on synthetic fibres 89/340) or, more recently, in connection 
with  environmental  protection.  It  is  not,  therefore,  totally  out  of  the  question  that  cultural 
criteria  may,  in the  future,  be directly  considered  by the Commission,  although  the  principal 
objective  of  the  internal  market  will  not  be  questioned. 

11/ 

Policy  relating  to  State  subsidies  in  the  cultural  field 

A/ 

Aid  to  the  cultural  sector 

The  present  situation 

The Commission  has adopted a series of decisions clarifying  its position  as regards  subsidies 
to culture. Thus, the promotion  of  cultural  diversity  has been accepted  as justification  for  the 
support  granted,  particularly  to  the  plastic  arts  and  book  exports. 

Generally speaking, aid to the cultural  sector poses virtually no problem from the competition-
policy  standpoint.  However,  the  Commission  has had  to  oppose  such aid,  not  on  account  of 
its nature but because the conditions under which it has been granted are often  contrary to the 
fundamental  principles of the European Community.  This was the case, for example, with aid 
systems  contravening  the  fundamental  principle  of  non-discrimination  on  the  basis  of 
nationality,  decreed  in  new  Article  6  of  the  TEU,  citizens  of  the  Member  States  having,  in 
effect,  to  benefit  from  the  same  treatment  as  those  from  the  country  granting  the  aid.  For 
example, the Commission has rejected  a condition imposed by the German government,  under 
which  the  producer  of  a  film  receiving  aid  must  be  a  German  citizen  or  a  person  from  a 
German  culture. 

The  current  debate 

As  a result  of  the  inclusion  of  Article  128 in  the  Treaty  and  the provision  relating  to  aid  to 
culture (Art.92.3.d), and  in order to provide  further  clarifications,  the Commission  has begun 
to  consider  the possibility  of  adopting  guidelines  in the  field.  On this basis, certain  types  of 
aid granted to activities which do not distort competition  and do not significantly  affect  trade 
between  Member  States  (theatres,  art  galleries,  etc.)  could  be  authorised  without  restriction 
insofar  as they  are  offered  to  all  the  potential  beneficiaries  in the  Member  State  in  question. 

B/ 

Aid  to  the  audiovisual  sector 

Television  and  film  production  subsidies 

The Member  States promote the development  of their audiovisual  industries in various ways, 
particularly  through  direct  grants  for  specific  film  productions,  tax  incentives  for  investment 
in companies in this sector,  funding  of training  and  support  for film festivals.  Such  measures 
are  generally  consistent,  as  regards  their  objectives,  with  the  Community's  own  audiovisual 
policy,  which  seeks, inter alia, to promote  the  competitiveness of the European  programmes 
industry. 

Support measures may be local, regional or national. Insofar  as they do not distort competition 

part  I  - page  15 

18 

or  affect  trade  between  Member  States  to  any  significant  extent,  Article  92  of  the  Treaty 
establishing  the  European  Community,  which provides  rules  for  aid  granted  by  States,  does 
not apply  and  the  Commission  has  no  cause to  intervene. 

However,  as  economic  players  on  the  relevant  market  frequently  find  themselves  in 
competition,  certain  aid measures  for  the film and television  production  sectors may have an 
appreciable effect  on competition  and trade between Member  States. Already  in the past, the 
promotion  of  cultural  diversity  has  been  accepted  by  the  Commission  as  a justification  for 
state  aid to  the  film  industry  and  the production  of television  programmes, provided  the  aid 
did  not  cause  undue  distortion  of  competition. 

The  Treaty  on  European  Union,  in  Article  3  (p),  provides  that  "The  Community  shall 
contribute  to  the  flowering  of  the  cultures  of  the  Member  States".  In  application  of  this 
principle,  Article  92  (3)  (d)  was  included  in  the  EC  Treaty  together  with  Article  128. 
However, this does not necessarily imply a fundamental  shift  in policy. Article 92 (3) provides 
that aid to promote  culture and  heritage  conservation,  where such aid does not affect  trading 
conditions  and  competition  in  the  Community  to  an  extent  that  is  contrary  to  the  common 
interest,  may  be  regarded  as  compatible  with  the  common  market.  The  Commission  had 
already  taken  such  consideration  into  account  when  assessing  aid  in this  sector.  In  its  future 
assessment  of  state  aid  to  the  audiovisual  sector,  the  Commission  will  continue  to  seek  a 
balance  between  the  requirements  of  cultural  and  heritage  promotion,  the  openness  of  trade 
and  competition  in  the  single  market  and  the need  to  avoid  undue  distortions. 

Funding  of  public  service  broadcasters 

Under the rules of state aid, the specific  question of the funding  of public service broadcasters 
has  been  submitted  to  the  Commission  by  private  broadcasters  from  France,  Spain  and 
Portugal.  The  complaints  are  that  public  funding  of  public  broadcasters  through  consumer 
levies,  direct  subsidies  or  periodic  capital  injections  confer  unfair  advantages  on  them.  The 
issue  is  of  great  importance  and  interest  throughout  the  Community.  The  Commission  has 
asked external consultants to study the balance between the funding  of public broadcasters by 
the  State. The  Commission  will  consider  the cases pending  in the  light  of  this  study  (which 
also  includes  the  new  Member  States). 

Guidelines 

To  further  clarify  its policy  in this  field  the Commission  is currently  working  on  guidelines 
on state aid for  culture, the arts and the audiovisual  sector in which it confirms  its  favourable 
approach to aid for television programmes and film production, including videos and musical 
recordings,  as  long  as  the  aid  is  shown  to  be  necessary  for  the  promotion  and/or  the 
preservation  of  European  culture  and  is  proportional  to  these  goals.  Moreover,  the 
Commission  will  verify  that  there  is  no  discrimination  on  grounds  of  nationality  between 
nationals  of  Member  States  of  the  European  Union  and  no  impediments  to the  free  flow  of 
goods,  services, people  and  ideas  throughout  the  European  Union. 

Where  cultural  considerations  are  paramount,  the  Commission  will  adopt  a  favourable 
approach to support of cultural heritage by means of subsidies for the distribution of television 
programmes,  videos,  etc.  The  Commission  believes  that  public  service  broadcasters  have  a 

part  I  - page  16 

19 

crucial  role  to  play  in  the  promotion  of  regional,  national  and  European  cultures  and  the 
flowering  of  Europe's  audiovisual  industry.  The  Commission  is conscious  that  the  function 
of  the  public  service  is  to  supply  the  population  with  information,  education,  culture  and 
entertainment  as  well  as  sports.  The  Commission  is  in  favour  of  the  development  of  both 
public- service  and  commercial  broadcasters.  It will  seek to  strike the right  balance to  attain 
this dual  objective. 

Conclusions 

Article  92  (3)(d)  takes  specific  account  of  cultural  objectives.  The  European  film  and 
television programme production  and distribution  industries represent an important pat of the 
European  cultural  landscape.  The  promotion  of  cultural  diversity  is  accepted  by  the 
Commission as a justification  for state aid to the film industry and the production of television 
programmes,  provided  the  aid  does  not  cause  undue  distortions  of  competition. 

CHAPTER  V  :  CULTURAL  ASSETS  IN THE INTERNAL  MARKET 

Freedom  of  movement,  a  fundamental  principle  of  the  EC  Treaty  and  a  condition  for  the 
achievement  of  the  Single  Market,  also  relates  to  cultural  assets.  The  provisions  relating  to 
this  subject  in  the  Treaty  (and  particularly  Arts.  9,  10,  12  et  seq.  -  customs  duties  -  and 
Articles  30 to  34  - quantitative  restrictions,  etc.)  are thus  applicable  to  them. 

Nevertheless,  the  principle  of  the  free  movement  of  cultural  assets  must  be reconciled  with 
the  legitimate  protection  of  our  countries'  cultural  heritage  and,  more  particularly,  of  their 
national  treasures. 

Also, in Article 36 of the Treaty, provision  is made for the Member States to be able to avoid 
the  provisions  of  Arts.  30  to  34  by  adopting  or  maintaining  prohibitions,  restrictions  or 
measures  having  equivalent  effect  on the  import,  export  or transit  within the  Community  of 
national  treasures  having  an  artistic,  historic  or  archaelogical  value22. 

Article 36 is an exception to the principle of freedom  of movement provided by the provisions 
of the article and must therefore  be interpreted  severely. Within the limits set by  Community 
law, each Member  State  is, in principle,  empowered  to determine  the requirements  intended 
to  ensure  the  objectives  referred  to  in  Article  36,  in  this  case  the  definition  of  national 
treasures on its territory.  It may do this in the manner it has chosen and according to its scale 
of values, provided this scale is set at a reasonable level and is of such a nature as to reconcile 
protection  of  heritage  and  freedom  of  movement. 

22 

It  should  be  noted  that  a provision  similar  to  Art.  36  is provided  in  the  rule  which, 
since  1970, has established  a common  system in the Community  regarding  exports to 
third  countries  (rule  2609/69,  Art.  11).  Thus,  the  exception  provided  in  Art.  36  in 
respect  of  intra-Community  trade  also  applies to  exports  to third  countries. 
These  restrictions  on  trade  do  not  conflict  with  the  GATT  rules  (Art.  20,  same 
reference  to  national  treasures). 

part  I  - page  17 

The power  given to the Member  States under  Art.  36, however,  is not arbitrary.  It must take 
into  account  the  major  principles  enumerated  by  Community  law  for  its  application,  which 
is controlled  by  the  Community  institutions. 

I. 

Problems  relating  to  the  definition  of  the  notion  of  national  treasures  and  cultural 
assets 

The  notion  of  national  treasures  is  not  easy  to  define  and  it  is  difficult,  at  the  moment,  to 
pinpoint  common  criteria  for  determining  the  scope of this notion. 
The  laws  and  practices  of  the  Member  States  are  an  ill-matched  assortment,  this  fact  being 
explained  by  divergent  interests  and  cultural  traditions. 

It  is possible  to  distinguish  two  major  trends  in  the  interpretation  of the  notion  of  national 
treasure: 

An  extensive  interpretation  applying  to  countries  which  export  cultural  assets  and 
which  have  a rich  heritage  of  which  there  is rarely  a comprehensive  record; 

A restrictive  interpretation  applying  to countries which import cultural  assets and  are 
poorer  in terms  of  heritage,  and  where  the  major  art  markets  are  usually  located. 

The difficulty  involved  in defining  the  setting of the notion of cultural  assets, gives rise to a 
problem  when  determining,  in  an  international  or  Community  context,  the  scope  and  extent 
of  reciprocal  obligations  between  countries  aimed  at  cooperation  with  a  view  to  protecting 
such assets23. 

II. 

Community flanking measures relating to cultural assets and achievement of the single 
market 

The achievement of the single market required the abolition, from  1  January  1993, of all intra-
Community  border  controls,  an  obligation  to  which  there  is no  exception,  regardless  of  the 
product  in  question. 

Also,  regarding  cultural  assets, the  Member  States retain,  on the  one hand,  by virtue  of  and 
within  the  limits  of  Article  36,  the  right  to define  their  national  treasures  and,  on  the  other 
hand, the possibility  of taking  the necessary  measures to ensure protection  of  such treasures. 
However,  they  may  no  longer  have  recourse  to  internal  border  controls  to  guarantee  the 
effectiveness  of  these  measures. 

23 

This  problem  has  been  a  stumbling  block  in  negotiations  on  the  principal  texts  or 
conventions  aimed  at cooperation  regarding  the protection  of assets or the  prevention 
of  illegal  trade  (1970:  Unesco  Convention  relating  to  the  measures  to  be  taken  to 
prevent the importation, exportation and illegal transfer of ownership of cultural assets. 
1985: Council of Europe - European Convention on offences relating to cultural assets. 
1980 and following years: Unidroit work on stolen or illegally exported cultural assets. 
1995:  Unidroit Convention  on  the  international  return  of  stolen  or  illegally  exported 
cultural  assets. 

part  I  - page  18 

21 

In this context,  the  Community  has thus  chosen to take measures to prevent  the  abolition  of 
frontiers  from  having  an  adverse  effect  on  the  protection  of  national  treasures. 

In effect,  effective  protection  of the  "national  treasures" of the  12, subsequently  15, Member 
States requires, within the single market (without internal border controls), each Member  State 
to  make  a contribution  to  the  protection  of  the  national  treasures  of  the  other  states. 
In  this  connection,  it  is  essential  for  each  Member  State  to  control  the  export  of  national 
treasures outside the Community,  not only  its own treasures but also those belonging to other 
Member  States and which could  initially  be on its territory  owing to the abolition  of  internal 
border controls.  Such is the objective  of the rule relating to the export  of cultural  assets. No. 
3911  of  9.12.92. 

Moreover, although the concept of a common Community heritage does not exist at this stage, 
the  fact  that  a  cultural  asset  is  located  in  one  Member  State  and  not  in  another  remains  a 
determining  factor. 

The Member  States want a guarantee that cultural  assets which rank as national treasures and 
which have been illegally removed from their territory will be returned, and it is the  objective 
of the second  Community  flanking  measure after  1  January  1993 (the directive relating to the 
return  of  cultural  assets  which  have  illegally  left  the  territory  of  a  Member  State,  No. 
1993/7/EEC of  15 March  1993) that the Member  State on whose territory  the asset  is located 
should  ensure  its return  to  the  territory  of  the  country  from  which  it was  illegally  removed. 
The  "return"  directive  aims  to  permit  the  restoration,  to  its  territory,  of  the  heritage  of  a 
Member State by creating, between the countries of the Union, by means of an appeal through 
the  Courts,  an  obligation  to  return  assets.  The  field  and  conditions  of  application  of  this 
obligation  are  delimited  in precise  terms. 

In the absence of an agreement  on a mechanism  of "mutual recognition"  of the definitions  of 
national  treasure, the approach  adopted  in these two instruments  has been to create,  between 
the  Member  States,  mutual,  but  at  this  stage  limited,  obligations  to  guarantee  Community 
protection for  a common  core of cultural assets. Such protection is in addition to the existing, 
and  thus  divergent,  internal  protection  measures  subsisting  after  1992 but  whose  efficacy  is 
regarded  as  diminished  on  account  of  the  abolition  of  internal  border  controls.  This  is  to 
ensure  a satisfactory  degree  of  protection  at  Community  level  for  this common  core  (which 
is  likely  to  cover  most  if  not  all  national  treasures),  while  respecting  the  fundamental 
principles of freedom  of movement  and  security  of transactions. This "core" has been  defined 
in the  joint  annex  to  the  above  mentioned  rule  and  directive. 

Among the vast number of assets, the annex draws up a list of common categories of  cultural 
assets  determined  in  conjunction  with  experts  (criteria:  nature  of  the  asset,  age,  value),  this 
list  constituting  a  definition  of  the  categories  of  assets  to  which  the  Member  States  are 
currently  prepared  to extend  the  scope  of their  obligations  in order  to cooperate  with  a view 
to protecting  their  respective  heritage.  Therefore  it  does not  define  national  treasures  within 
the  meaning  of  Art.  36,  a  definition  which  remains  the  prerogative  of  the  Member  States. 
Cultural  assets which rank  as national  treasures could  in this way escape the field covered  by 
the joint  annex  to  the  directive  and  the  rule. 

Although  the  context  of  the  annex  to  the  two  instruments  (the  list  of  categories  of  assets)  is 

part  I  - page  19 

22 

common  both to the rule  and to the directive, the field of application is not exactly  identical. 

Thus,  in  the  customs  field,  all  the  cultural  assets  cited  in  the  annex  (whether  ranked  as 
national treasures or not) are covered by the obligation to submit an export licence in support 
of  the  SAD24.  In  effect,  the  quality  or  otherwise  of  national  treasures  and  of  cultural  assets 
covered  by  the  annex  is not  a relevant  control  criterion  for  the  customs  authorities. 

Other  differences  of  detail  may  be  mentioned,  particularly  those  relating  to  the  exception 
provided  for  archaeological  assets  of  minor  importance. 

On the  other  hand,  the  return  action  provided  for  in the  directive  is initiated  only  in  respect 
of assets which rank as national treasures within the meaning of Article 36 and not in respect 
of  all  cultural  assets  in  the  annex's  categories.  The  physical  field  of  application  of  the 
directive  is thus  precisely  delimited. 

The agreement  on  the  greater  or  lesser  extent  of  the  annex's  categories  was  at the  centre  of 
the debate. The  result  is a political  compromise  which  may,  by its very nature,  be  improved 
upon.  The  political  sensitivity  of  the  subject  has  led  our  institutions  to  lay  down  that  any 
modification  of  the  annex  should  be  subject  to  the  procedure  provided  in  Art.  100A  of  the 
Treaty. 

III. 

How  the  debate  currently  stands 

1. 

Existing  Community  measures  (rule  and  directive) 

The  Commission  will  use the  national  reports  provided  by the  Member  States  as  the 
basis  for  the  first  triennial  report,  which  it  will  submit  as  required  by  these  two 
instruments,  in  order  to  take  stock  of  the  problems  encountered  and  of  the  need,  if 
any,  to  adapt  these  two  measures. 
Moreover, the Commission, without awaiting the abovementioned triennial report, has 
been  led  to  submit  a  proposal  for  a  modification  on  a  specific  point:  that  of  the 
classification  of water-colour  and gouache works in the joint annex to the rule and the 
directive  (19.10.95,  COM  (95)  479  final). 

2. 

Administrative  cooperation  in respect of cultural assets outside the specific  context of 
the  rule  and  the  directive 

Cultural  assets  were  recently  included  in  the  IDA  programme  (telematic  network 
between  administrations)  which  was  approved  in  November  1995  (Council  decision 
95/468/EC)  and  aims to  facilitate  exchanges  of information  between  administrations. 
Moreover,  within  the  framework  of  the  4th  outline  research  programme,  the 
Commission  is  cofinancing  a  project  entitled  GRASP,  the  objective  of  which  is  to 
develop  cooperation  between  the  police  forces  of  the  15  Member  States  using  a 
telematic  system  for  recording  lost  or  stolen  objects. 

24  SAD  : Single  administrative  document 

part  I  - page  20 

'46 

Cooperation  in respect  of  illegal  trade  within  the  context  of  internal  lawsuits  (police 
cooperation.  III  pillar) 

The topic of police cooperation  in the field of illegal trade in works of art is dealt with 
in this  specific  context. 

3. 

Cooperation  between  cultural  administrations  and  other  competent  authorities  in  the 
Member  States 

Generally speaking, development of cooperation between cultural administrations  and 
other  competent  authorities  in  the  Member  States  at  Community  level  is  the  way 
forward  in protecting  cultural  assets  which  rank  as national  treasures  in the  Union. 

Given  that  this  is a highly  complex  subject,  it  is  important  to  avoid  any  duplication 
and  to  arrange  for  existing  Community  tools  and  measures  to  be put to  full  use.  On 
the basis of the instruments progressively set up and of evaluations of their  functioning 
(cf. triennial report), it may be possible progressively to identify  any new requirements 
in terms  of  administrative  cooperation. 

In compliance with the principle of subsidiarity and of the jurisdiction granted to it by 
the  Treaty,  the  Community  will  endeavour  to  encourage  and  supplement  the  efforts 
undertaken  by  the  competent  authorities  of  the  Member  States  and,  in  particular, 
cultural  administrations,  in order to give the optimum response to these  requirements 
and  to  succeed  in  providing,  at  a  future  date,  optimum  protection  of  the  Union's 
cultural  heritage. 

part  I  - page  21 
24 

CHAPTER  VI  :  TRADITIONAL  AND  REGIONAL  AGRICULTURAL  PRODUCE 

The  provisions  of  the  Treaty  relating  to  agriculture,  and  the  Common  Agricultural  Policy 
(CAP)  in particular,  do not  relate  to  cultural  aspects. 

Nevertheless, agricultural  activities do have an inherent cultural nature, given that  agriculture 
has been  one  of the  driving  forces  of  civilisation  for  thousands  of years. 

Agriculture  has  also  influenced  the  regional  development,  landscapes  and  environment  of 
Europe  in  general. 

The European Community must ensure respect for the cultural diversity of the Member  States 
and their regions. In Europe,  local  or regional savoir-faire has generated  a very wide  variety 
of  traditional  products  which  are  part  of  the  cultural  identity  of  the  locality  or  region  from 
which  they  originate. 

The  achievement  of  the  single  market  has  made  it  possible  to  offer  such  produce  a  wider 
market,  but  the  Community  has  had  to  intervene  to  guarantee  the  protection  of  the  local 
identity  of these products.  In this  sense, it is possible to state that, in the agricultural  sphere, 
the  Community  has taken  account  of  cultural  aspects  in  its control  action. 

Two  initiatives  have  been  involved  in  working  towards  the  preservation  of  traditional 
agricultural  produce  or products  linked  to  a geographical  origin: 

the regulation (No. 2081/92) relating to the protection of geographical  ascriptions and 
registered  designations  of  origin  for  agricultural  products  and  foodstuffs; 

the  regulation  (No.  2082/92)  relating  to  attestations  of  the  specific  nature  of 
agricultural  products  and  foodstuffs. 

The two  regulations  have  a joint  objective:  on the  one hand, to highlight  the  specific  nature 
of  certain  products  in terms  of  the  traditional  manner  in which  they  are manufactured  or  of 
their origin and, on the other hand, to protect the consumer from  unfair practices and  infringe 
ments. 

Owing to the homogeneity of the protection systems in the Member States, regulation 2081/92 
gives definitions  which are essential  in the field of geographical  names. It distinguishes  those 
geographical  ascriptions  and  registered  designations  of  origin  which  denote  products  which 
are closely  associated  with  the  region  whose  name they  bear. 

Regulation 2089/92 aims to enhance the typical and traditional character of products by means 
of  an  attestation  as to their  specific  qualities. 
The  cultural  impact  of  these  texts  thus  lies  in  the  enhancement  of  a  locality  and  in  the 
protection  of  local  savoir-faire  or  of  a traditional  method  of  manufacture. 

Mention  should  also  be  made  of  the  creation,  in  November  1994,  of  a  logo  specifically 
designed for agricultural produce from ultraperipheral regions (French overseas  départements, 

part  I  - page  22 
25 

Canary  Islands,  the  Azores  and  Madeira),  with  the  intention  of  promoting  high-quality 
agricultural  produce  which  are  specific  to  these  regions. 

Moreover, there are significant  cultural aspects involved in several CAP-supported  sectors.For 
example  the  cultivation  of  the  olive  tree  and  the  production  of  olive  oil  are  an  integral  part 
of the  Mediterranean  regions'  cultural  heritage. 

It  should  also  be  noted  that  the  European  Commission's  proposals  regarding  reform  of  the 
joint organisation  of the wine market  (COM  94-117) takes the importance  of this sector  into 
account in environmental  and  cultural  terms, while respecting  the diversity  and the  traditions 
of  wine  production  in  the  European  Union. 

Moreover,  in  the  context  of  flanking  measures  for  the  1992  reform  of  the  CAP,  EEC 
Regulation No. 2078/92 relates to agricultural production measures which are compatible with 
the conditions  required  for  the  protection  and  preservation  of  the  rural  environment. 
Programmes which have been the subject of an agreement with the Member  States within the 
context  of  this  measure  may  include  significant  cultural  aspects,  i.e.  the  conservation  of 
traditional and historical landscapes. The programme for the Bolzano alpine region (Italy), for 
example,  is  aimed  at  encouraging  extensive  pasture  land  and  the  preservation  of  alpine 
cultivation  methods.  The  measures  include  a  subsidy  for  the  preservation  of  traditional 
landscapes. 
In  the  United  Kingdom,  the  "Country  Stewardship  Scheme"  is  one  of  the  measures  which 
have  been  approved  in  the  context  of  EEC  Regulation  2078/92,  and  it  aims  to  preserve, 
maintain  or  restore  specific  types  of  landscape  with  a particular  natural  beauty,  diversity  of 
fauna and/or historical or leisure value, with reference  to practices for maintaining traditional 
agricultural  production  methods. 

part  I - page  23 

26 

CHAPTER  VII  :  CULTURE  IN  THE  JUDGMENTS  OF  THE  COURT  OF  JUSTICE 

I 

AN  ANALYSIS  OF  THE  COURT'S  DECISIONS 

With  regards  to  the  exceptions  to  the  freedom  of  movements  of  goods,  persons  and  the 
freedom  to  provide  services,  the  Court  of  Justice  makes  a  very  clear  distinction  between 
discriminatory and non-discriminatory measures. Discriminatory measures are not compatible 
with Community  law unless they can find an derogatory  disposition as in Articles 36,56, and 
66. 

However,  an examination  of the  decisions of the Court  reveals that the latter,  in a restrictive 
interpretation of Articles 36, 48 (Paragraph 3), 56 and 66 of the Treaty, appreciably limits any 
consideration  of  the  notion  of  cultural  interest  under  the  heading  of  public  order25. 

In effect,  the  Court  adopts  a  strict  definition  of  the  notion  of public  order  since  recourse  to 
this  justification  presupposes,  according  to  the  Court,  "the  existence  of  a  serious  threat 
affecting  a  fundamental  interest  of  society26". 

Moreover,  even when the basic conditions  set  forth  by this judgment  are fulfilled,  the  Court 
imposes  a strict  proportionality  condition  since,  "as an exception  to  a fundamental  principle 
of the Treaty, Article 56 must be interpreted  in such a way that  its effects  are limited to what 
is necessary  for  the  protection  of  the  interests  it  aims  to  guarantee". 

This restrictive  approach  allows  one  to  assume  that  the  Court  will  reject  any justification  of 
a  cultural  nature  based  on  the  notion  of  public  order. 

Nevertheless,  a degree  of  protection  has  been  recognised  in  respect  of  specific  cultural 
features  through  judicial  law-making  based  on  pressing  reasons  of  general  interest  as 
regards  solely  non-discriminatory  measures  based  on  nationality. 

In this way,  the  Court's  decision  in the  field  of the free  movement  of  services bears  witness 
to this openness  to  cultural  policy  objectives  which  are  not  fundamentally  discriminatory. 

In its "Mediawet27" judgments, the Court acknowledged  "that a cultural policy" may constitute 
a pressing reason of general interest justifying  a restriction of the freedom  to provide  services 
and  the  "upholding  of  the pluralist  freedom  of  expression  of  the  various  social,  cultural, 
religious and philosophical  components  in a country". 

Similarly,  it  is  permissible  to  consider  the  special  nature  of  certain  provisions  of  services 

"Judgment  dated  16.12.92  Commission  c/Belgium, 211/91 

26 Judgement  dated  27.10.77  Bouchereau,  30/77 

"Judgment  dated  25.07.91,  Mediawet,  353/89  and  288/89. 

part  I  - pagj M 

5) 

involving  specific  requirements  in  order  to  guarantee  the protection  of  an  artist28. 

In  the  so-called  "Tour  Guide29"  cases,  "the preservation  and  enhancement  of  the  national 
artistic  and  historical  heritage"  were  acknowledged  as  pressing  reasons  of  general  interest 
capable  of justifying  a restriction  on the  free  movement  of  services. 

Also  in the  field  of  the  freedom  of  movement  of  workers,  the  Court  was  again  sensitive  to 
the specific  needs involved in seeking to preserve cultural identity. This may be illustrated by 
the  Groener30 judgment  in which  it  replied  that  "the provisions  of the  Treaty  do not  oppose 
the adoption of a policy to defend and promote  the language of a Member State which is both 
the  national  language  and  the  first  official  language". 

Finally, the Court's  same desire to preserve  cultural  diversity  may be seen in the field of the 
free  movement  of  goods. Therefore,  in the  Cinéthèque judgment31,  the  Court decided  that  a 
national  system  which,  "with  a view  to  encouraging the creation of cinematographic  works 
without  distinction  of  origin,  aims  to  restrict  dissemination  of  these  works  to  performances 
in  cinemas  for  a  limited  initial  period",  is  pursuing  an  objective  which  is justified  under 
Community  law. 

Similarly  in the  B & Q32 judgement,  concerning  "Sunday closure" of the shops, the Court of 
Justice confirmed  that the Member States had the choice to implement this right, whilst taking 
into account  the regional  and national  socio-cultural particularities,  as well  as respecting  the 
demands  derived  from  Community  law. 

This pressing reason may  be described,  to take up the conclusions of Advocate-General  Van 
Gerven  in  the  C-17/9233  case,  generally  speaking,  as  "the  protection,  development  and 
dissemination  of the cultural heritage  specific to a Member  State or to a region of a Member 
State  in  a  "pluralist"  context  and  as  an  "component of  a  cultural  heritage  common  to  the 
Member  States". 

However,  the  Court  has  clearly  placed  a number  of  restrictions  on  such  recognition. 

Therefore,  it has established  that pressing  reasons of this type cannot justify  curbs which  are 
unsuitable  for  achieving the objective  pursued  or go beyond  what  is objectively  necessary  to 
attain  the  required  goal. 

28Judgment  dated  18.01.79, Van  Wesemael,  110/78 

^Judgment  dated  26.02.91,  Tour  Guides,  154/89 

^Judgment  dated  28.11.89  Groener,  379/87 

31Judgment  dated  11.07.85,  Cinéthèque,  60 and  61/84 

^Judgment  dated  16.12.92,  B &  Q,  169/91 

33Judgement  dated  04.05.93, Fédicine/Spain,  17/92 

part  I - page  25 

28 

The  Court  has  also  limited  the  scope  of  these  pressing  reasons  insofar  as  there  must  be 
disparities between  the Member  States which are not regulated or are insufficiently  regulated 
by  a harmonisation  measure  or  by  the  application  of the principle  of  mutual  recognition. 

Moreover,  it  has  clearly  indicated  that  culture  cannot  be  used  as  a  disguise  for  economic 
protectionism  vis-à-vis  the  other  Member  States.  Therefore,  by  way  of  example,  the 
Commission/Belgium judgment  dated  16.12.9234 may be mentioned.  In this, the Court  rejects 
the cultural  considerations  invoked  by  the Belgian  government  insofar  as they  "actually  aim 
to  reduce  effective  competition  on  domestic  companies,  in order  to  preserve  the  advertising 
income  of  the  latter". 

However,  this  restrictive  approach  does  not  preclude  the  Court  being  able  to  accept  the 
existence of the secondary  economic  effects  of such regulations, as it has already  done in the 
health  sector  in  the  "Omroep  Organisatie35"  case,  in  which  it  is  accepted  that  a  "national 
regulation justified  by  objective  circumstances  in  response  to  the  needs  of  the  interests  in 
question  may  make  it  possible,  in  addition,  to  achieve  further  objectives  of  an  economic 
nature". 

It  is thus  not  the  Court's  intention  to  deny  the  fact  that  the promotion  of  cultural  objectives 
is  often  dependent  on  economic  factors,  but  it  seeks,  rather,  to  prevent  the  Member  States 
from  using  this notion  essentially  for  economic  policy  ends. The  balance  of  these  decisions 
is thus  more  in  the  sense  of  an  evaluation  of  the  "principal/secondary"  effects  of  a  national 
cultural  measure. 

As regards the latter limit, namely the non-discriminatory nature of the measure, the decisions, 
as  apparently  confirmed  by  a  whole  series  of  judgments  (for  example,  the  Mediawet 
judgments, and the Commission/Belgium judgment), appear a priori  very strict. However, the 
Court  will  probably  have to  clarify  its  decisions  on this point. 

Finally,  it  should  be  noted  that  most  of  these  judgments  were  handed  down  while  the 
Maastricht  Treaty  and,  more particularly,  its Article  128, were  not  yet  in  force.  This  is  thus 
only judicial law-making on the part of the Court which had to hand down a decision, despite 
the absence of a specific  legal  basis, on the cultural  motives of the Member  States.  Since  the 
significance  of  the  principle  of  cultural  diversity  has  been  acknowledged  in  the  Treaty  on 
European  Union,  the question  now  is how this new provision  will  be able to  be reflected  in 
the  decisions. 

The first judgments  (Piageme judgment  and  Bosman judgment36),  in which  Article  128  was 
invoked, clearly  demonstrate that the Court intends there to be no discussion of its traditional 
law-making  practice and has made reference  to the fact  that this tradition  should  not be  used 

"Judgement  dated  16.12.92,  Commission/Belgium,  211/91 

"Judgement  dated  06.10.87,  Omroep  Organisatie  Nertsvooedderfabriek,  118/86 

"Judgement  dated  12.10.95, Piageme,  85/94 
Judgement  dated  15.12.95, Bosman,  415/93 

part  I  - page  26 

29 

by  the  Member  States  to  circumvent  an  existing  Community  regulation.  Therefore,  it  also 
arises  from  these  judgments  that  Article  128  can  in  no  way  influence  the  scope  of  the 
fundamental  liberties recognised by the Treaty nor the jurisdiction which the Community  may 
have under the terms of other provisions of the Treaty. The only obligation  lies, in  Paragraph 
4  of  Article  128, in  the  need  to  take  account  of  the  cultural  aspects  of  its  action.  As  in  the 
field of  the  environment,  the  Court  will  have  to  clarify  the  scope  of this  obligation. 

part  I  - page  27 

30 

IL 

CULTURE  IN THE SUPPORT  ACTIONS  UNDERTAKEN  BY  THE 
COMMUNITY 

Chapter  I  : CULTURE,  COHESION  AND  BALANCED 

REGIONAL  DEVELOPMENT 

1.  Culture  and  regional  programmes 

•  Objective  1 regions 
•  Objective  2  regions 
•  Objective  5b  regions 

2.  Community  initiative  programmes  with  a regional  aim  and  culture 
3.  Article  10 of  the  ERDF  rules 

Chapter  II  : CULTURE,  SOCIAL  POLICY  AND  HUMAN  RESOURCES 

1.  Culture,  employment  and  social  cohesion 
2.  Culture  and  human  resources 

Chapter  III  : CULTURE  AND  ADVANCED  INFORMATION 

AND  COMMUNICATION  TECHNOLOGIES 

1.  Advanced  Information  and  Communication 

Technologies 
•  Communication  Technologies  and  Culture 
•  Telematics  Applications  and  Culture 
•  Information  Technologies  and  Culture 
2.  Content  Industry  and  Information  Market 

•  Telecommunication  Networks  and  Culture 
•  Information  Market  and  Culture 

Chapter  IV  : CULTURE  AND  OTHER  INTERNAL 

POLICIES 

1.  Environment  and  culture 
2.  Tourism  and  culture 
3.  Research  and  culture 
4.  Small  and  Medium  Enterprises 
5.  Social  economics  and  culture 
6.  Community  action  to  promote  European 

town-twinning 

part  II  - page  i 

31 

PART  II  :  CULTURE  AND  THE  COMMUNITY'S  INTERNAL  POLICIES 

Part  II  aims  to  identify  the  various  activities  undertaken  by  the  Commission  which  have  a 
cultural dimension to them, either  directly  or indirectly. This "review" will, for  the first time, 
play  a part in providing  an overall  view of the Community's commitment  to cultural  matters. 
It  aims  to  bring  out  the  experience  acquired,  to  make  actions  which  already  exist  more 
effective  and  also  to  determine  the  fields  in  which  the  Community  would  be  capable  of 
improving its approach by developing better synergy between the actions being  implemented. 

An analysis of the cultural component in Community policies will centre around the  following 
four  areas  of  action: 

I. 
II. 
III. 
IV. 

Culture,  cohesion  and  balanced  regional  development 
Culture,  social  policy  and  human  resources 
Culture  and  advanced  technologies 
Culture  and  other  internal  policies  (environment,  tourism,  research,  SMEs) 

CHAPTER  I  : 

CULTURE,  COHESION  AND  BALANCED  REGIONAL 
DEVELOPMENT 

The social and economic cohesion policy  launched on the basis of Article  130A et seq. of the 
EC Treaty  to permit  balanced  development  within the  Single  European  Market  is now,  with 
over  30% of  the  Community  budget,  one of  the  European  Union's  major  policies.  Financed 
out  of  Community  structural  funds,  it  is  to  enable  underprivileged  regions  to  reduce  the 
development  gap  separating  them  from  the  developed  regions. 

Action  covered  by the  Community  structural  funds  (European  Regional  Development  Fund, 
European  Social  Fund,  EAGGF-Guidance,  IFOP)  concentrates  on  three  priority  areas: 

aid  to  regions  which  are  lagging  behind  in development  (objective  1), 
aid  for  the  reconversion  of  regions  affected  by  industrial  development  (objective  2), 
aid  for  the  preservation  and  development  of  sensitive  rural  areas  (objective  5b) 

An  additional  area  of  concentration  (known  as  "objective  6")  has  supplemented  this 
mechanism since the most recent expansion of the Union and it relates to the aid given to the 
Nordic  regions  which  have  a  low  population  density. 

All these objectives  account  for  80% of cohesion policy  credits (which  represent  165 billion 
ECUs  for  the  1994-1999  period),  favouring  geographical  areas  which  are  eligible  for  the 
structural  fund  action. 

Three  principal  types  of  programmes  can  be  distinguished: 

operational  programmes  implemented  in  the  form  of  a  partnership  between  the 
European  Commission, the  States  and  the  regions  (90% of  structural  funds) 
"Community  initiatives"  (9%), conducted  at the  initiative  of  the  Commission 

part  II  - page  1 

O  ^ 

"innovative  actions"  (1%) 

These programmes  are aimed  at economic  and  social  development  and  relate  to  the  cultural 
sphere  insofar  as  cultural  activities  may  be  involved  in  a  policy  for  enhancing  regional  or 
local resources and  an economic development  strategy. They represent potential  employment 
sources. 

For  the  last few  years, the  trend  has been  for  an  increase  in the  intensity  of  these activities, 
which  has  been  linked,  above  all, to  socio-economic  changes, to the  significance  of  policies 
for  developing  heritage  and  the craft  sphere, and  motivation  of the  local  social  fabric. 

I. 

Cultural  and  regional  programmes 

A)  Aid  to  regions  which  are  lagging  behind  in  terms  of  development  (objective 
1)  concerns  regions  whose  gross  domestic  product  is  less  than  75%  of  the  Community 
average.  It  accounts  for  96  billion  ECUs  for  the  1994-99  period  (+  166  million  ECUs  for 
Austria  for  the period  between  1995  and  1999). The  areas  which  are  eligible  in  objective  1 
terms  were  selected  by  the  Council  of  the  European  Union  in  1993 and  they  cover  27% of 
the  Union's  population.  The  actions  financed  within  this  framework  were  presented  by 
national governments as an integral  part  of a development  strategy  and were later  negotiated 
and  adopted  by  the  European  Commission. 

Support from the Commission for the regional development operations of each Member  State 
is the  subject  of  a  "single programming  document". 

This  document  comprises  the  objectives  and  the  strategic  areas  of  concentration  of  the 
structural fund  action for the zones in question. The Member States then propose  operational 
programmes  to  the  Commission,  with  a  view  to  defining  objectives.  These  operational 
programmes  specify  the objectives,  the nature and the financing  of the actions  implemented. 

An  examination  of  the  75  operational programmes  adopted  for  the  1994-99  period 
reveals  that  11  of  them  include  subsidiary  programmes  which  expressly  refer  to 
interventions  in the  cultural  field  (culture,  heritage, arts). 

It should  not  be concluded  that the  64  other  operational programmes  include  no  action  of  a 
cultural  nature.  What  is  meant  is  merely  that,  in  these  operational  programmes,  the  arts  or 
heritage  are  not  adopted  as objectives  or  identified  means  of  regional  development. 

The  11 operational programmes  which  include, amongst  other operations, interventions  of a 
cultural nature represent  12.5%> of the budget for the 75 operational programmes  as a whole. 

By  way  of  illustration,  the  Commission  has  adopted  an  operational  programme  to 
develop  the  islands  in  the  north  of  the  Aegean  Sea,  which  comprises  five  principal 
rural 
areas  of  concentration 
development,  human 
first  "tourism 
development"  area  provides  for  the  encouragement  of  alternative  tourism  activities 
transport  and 
(watersports, 
telecommunication,  and  enhancement  of  the  islands'  cultural  and  archaeological 

the  consolidation  of  means  of 

(tourism,  agricultural  and 

local  development).  The 

industrial  activities, 

for  example), 

resources  and 

part  II  - page  2 

33 

heritage.  This  area  accounts  for  38  million  ECUs in Community  credits,  i.e.  18% of 
the credits allocated  by the  Community  to implementing  this operational  programme. 

Within the context of these operational  programmes there is a wide variety of actions relating 
to  the  cultural  field.  Some  of  them  are  aimed  at  the  direct  financing  of  cultural  facilities 
(creation  of  cultural  centres  or  theatres,  for  example,  in  rural  areas).  Others  consist  of 
flanking  measures  for  enhancing  heritage  assets  (development  of  open  spaces  or 
pedestrianised  areas  around  sites  or  monuments,  sign-posting,  etc.)  or  local  savoir-faire 
(production  and  sale of  traditional  crafts). 

B)  Aid  for  reconversion  of  regions  affected  by  industrial  decline  (objective  2) 
concerns  regions  with  an  industrial  tradition  where  levels  of  unemployment  and  industrial 
employment  are  above  the  European  average.  These  regions  cover  some  17%  of  the 
population  of the Union and are to receive  15.3 billion ECUs over the current structural  fund 
programming  period,  supplemented  by  444 million  ECUs in aid  for  the period  from  1995 to 
1996 for  the  3 new  Member  States  of  the  Union. 

The  principal  objective  of  aid  for  the  reconversion  of these  regions  is to  develop  economic 
activities  which  will  create jobs. 

In  outline,  in this  context,  the  "cultural  dimension"  relates to three  principal  areas: 

-  culture  as a component  of  employment  and  training; 
-  the  remodelling  of  the  "natural"  environment  which  is  thus,  in  this  case,  not  posed  as  a 
problem  of  conservation/enhancement  of  the  pre-existing  situation  in  terms  of  "heritage" 
(industrial  wasteland, etc.); 
-  rehabilitation  of  buildings, be  these places  of  work  (industrial  buildings,  factories,  etc.)  or 
dwellings  (workers'  housing  estates, etc.). 

1. The example of the Lowry Centre: 
-  This is the construction of a cultural centre  for the visual  arts (Greater Manchester, Lancashire 
and Cheshire region) at a provisional total cost of 71.8 million ECUs, 12.1 million ECUs of which 
is a Community  contribution  (±  17%). 
The anticipated  effects  of this  project  are the creation of approximately  6,500 jobs  in the  sectors 
of commerce, tourism and  leisure. In addition to the fact that the centre will attract  professionals 
(performers  in  shows, concerts, etc.),  it  is anticipated  that  the  centre  will  receive  approximately 
700,000  visitors  each  year.  This  project  will  be  implemented  on  the  basis  of  a  partnership 
associating professionals  in the  field  of commerce, from  the world of the arts, from  a  university, 
from  continuing-education  bodies,  from  the  tourism  industry  and  environmental  agencies.  This 
project  includes  the  development  of  local  infrastructures  (access  roads,  tram  systems,  inland 
waterways) and the  improvement  of water quality. 

2. The example of Basse-Normandie : 

- Two employment basins (Cherbourg and Caen) are eligible under objective 2 for the period  from 
1994 to  1996 (Community  contribution  of 57.8 million ECUs). The Cherbourg basin  has already 
benefited  from  the  intervention  of  structural funds  in the case of objective  2, between  1989 and 
1993, and from  the Community's RENAVAL initiative programme. In  1993, the Cherbourg basin 
benefited  from  the KONVER  initiative. - These two employment basins thus receive aid aimed at 
supporting  strategies  which  are  differentiated  in  terms  of  the  assets  of  each  area:  in  Caen,  the 
objective is to halt the industrial decline caused by the closure of the steelworks and, in Cherbourg, 
the aim  is to increase the diversification  of subcontracting activities which were highly  dependent 

part  II  - page  3 

34 

on the nuclear and shipbuilding sectors. In both cases, the role of the basins as ports must be built 
up. 
- To this end, three priority areas have  been  defined: 
Area  1 : Support for regional  undertakings and for the training of the workforce (common  area) -
(13.72 million  ECUs); 
Area 2 : Reindustrialisation of the Caen basin (25.92 million ECUs), subarea 2.3  ("Diversification 
of  economic  activity")  of  which  is aimed  at  "collective  actions  to  promote  the  craft  sphere and 
services  [...].  Setting-up  of  tourist  facilities  and  enhancement  of  the  cultural  and  architectural 
heritage with a view to increasing the number of tourists attracted to the Caen area". (2.59 million 
ECUs, i.e.  10%). 
Area 3 : Continuation of reconversion of the Cherbourg employment  basin (17.53 million ECUs), 
subarea  3-5  ("Touristic diversification  of the  employment  basin") of which  is aimed  at  "lodging 
structures, the naval complex, pleasure facilities, the cultural  heritage" : (7.0 million  ECUs, i.e. ± 
40%). 

On  the  basis of  a  study  of  approximately  twenty  objective  2 regions, representing  a  quarter 
of the total  amount allocated  to the eligible regions, of which the above two examples  are an 
illustration,  it  is  possible  to  estimate  the  share  for  the  3  areas  which,  to  varying  degrees, 
include  a  "cultural  dimension",  at  some  14%.  A  detailed  analysis  of  the  actions  which 
correspond  to this  14% reveals that  approximately  only  one third  concern  interventions  of  a 
cultural  nature.  The  other  two  thirds  represent  measures  aimed  at  integration,  and  the 
development  of  industrial  zones  and  sites with  only  a tenuous  link  to  the  cultural  field. 

Thus, the share of objective 2 financing  intended for  cultural or culturally  oriented  operations 
may  be  estimated  at  approximately  4% of  total  financing. 

3) Aid for the preservation and development of fragile rural areas (objective  5b) concerns 
those regions which are covered by two  of the following  criteria: a high level  of  agricultural 
employment,  low  agricultural  income  and  low  population  density.  These  regions  cover  8% 
of the  Union's population  and  will  receive  7 billion  ECUs in  aid  up to  1999. 

The  splitting  of objective  5 into  two  distinct  subgroups, namely  area  a)  which  relates  to  the 
adaptation  of  agricultural  and  fisheries  structures,  and  area  b)  which  relates  to  rural  areas, 
reflects  the  trend  for  greater  distinction  between  the  concepts  of  rural  and  agricultural,  and 
is  also reflected  in  the  evolution  of  Community  policies.  In parallel,  a diagnosis  centred  on 
the reduction  in the  agricultural  population  (which  called  for  a policy  to  combat  the  drift  to 
the towns) has been progressively replaced by the idea of a risk of "desertification" in certain 
regions, this calling for a more global policy to combat the abandonment of areas of territory 
and  being  based  on  endogenous  development  factors.  One  of  the  consequences  of  this 
evolution  has  been  the  extension  of  the  "cultural"  role  into  rural  development,  both  in  the 
field  of  analysis  and  in  specific  projects. 

In this connection, it should be noted that, even if the EAGGF-Guarantee  finances, albeit very 
marginally  given the size of the amounts  in question, a number  of (non-regionalised) actions 
to  promote  certain  agricultural  products  such  as  olive  oil,  it  is  essentially  the  EAGGF-
Guidance  (particularly  on  the  basis  of  its  Article  8)  which,  together  with  the  other  two 
structural  funds  (ESF  and  ERDF),  plays  a  part  in  the  implementation  of  projects  which 
include  a cultural  dimension  within  the  context  of  objective  5b zones. 

5) 

part  II  -  page 4 

35 

A  study  of  the  distribution  of  Community  allocations  in  respect  of  "objective  5b"  to  each 
priority  development  area  reveals  that,  for  the  1994-99  period,  7.9%  of  credits  have  been 
allocated  to  local  development  and  to  village  renewal  (i.e.  532.8  million  ECUs  at  current 
1994-95 prices) and  12.3% (831.3 million ECUs) have been allocated to tourism, areas which 
include  cultural-type  measures. Out  of  this total,  which  is of the order  of  227  million  ECUs 
per  annum,  only  a  part  is  allocated  to  "cultural"  matters,  this  latter  aspect  also  covering 
specific  conceptual  approaches  other  than  those referred  to  previously. 

Actions which  may directly or  indirectly  be described as cultural include: 
-  In the  "tourism" area there are explicit  references to heritage or cultural  elements  such  as, for  example, 
"the restoration of canals", "enhancement of culture and rural heritage", and  "tourist schemes, local studies, 
regional  promotion". 
- In environmental  terms, there are projects  relating to  "enhancement and  protection  of  natural  spaces" or 
"the  management  of  space", "the  development  of  landscapes" and  "the safeguarding  and  management  of 
fauna  and  flora, rehabilitation  and  management  of biotops, protection of aquative  environments". 
-  Finally,  cultural  aspects  are  present  under  the  heading  of  the  improvement  of  lifestyle,  such  as  "the 
rehabilitation and enhancement of buildings", "the improvement of facilities and village renovation" or "the 
development  and requalification  of urban sites". 

Given  the  great  diversity  of  the  cases  in  point  (the  regions  eligible  under  objective  5b 
represent  approximately  1/3  of  Community  territory),  it  is  difficult  to  give  an  idea  of  the 
precise  impact  of  such  financing.  In this  connection,  it would  be interesting  in the  future  to 
define  a  number  of  test  zones  which  have  opted  to  concentrate  on  "cultural"  matters  as  a 
factor  in balanced  regional  development. 

In effect,  despite their  diverse physical  conditions  (climate, etc.), types  of  land  use, but  also 
their  diverse wealth  of heritage, these regions  have  in common the fact  that  they  have  space 
and can thus exploit this  "resource" by developing new usage assets with a  high  development 
potential,  such as  "green tourism",  "nature circuits", "parks and nature  reserves", etc.,  which 
are  all  opportunities  for  enhancing  what  has  come to be  called  the  natural  heritage. 

Beyond  this,  further  "identifying"  assets  are  being  consolidated  -  these  may  be  based  on 
linguistic factors, lifestyles, architecture, etc. - around which artistic or cultural creations may 
develop. 

The  cultural  dimension  in  policies  promoting  sustainable  development  in  vulnerable  rural 
areas  should  be  given  greater  weight,  since  it  may  be  a  privileged  means  in  the 
implementation  of  alternative  activities  and  in the development  of  investment  to create  local 
jobs.  This  approach  may  also  constitute  a  response  to  the  increasingly  present  concern  to 
protect  the  environment. 

II. 

COMMUNITY INITIATIVE PROGRAMMES WITH A REGIONAL AIM AND 
CULTURE 

CIPs (Community  Initiative  Programmes)  are specific  instruments of  structural policy  which 
the Commission proposes to the Member  States on its own initiative. It represents 9% of the 
structural  funds  (i.e.  13.45  billion  ECUs  for  the  period  1994-99).  Thirteen  initiatives  have 
therefore  been  adopted  for  the  1994-99  period,  8 of  which  come  under  a balanced  regional 
development  approach. 

part  II  - page  5 

36 

These  initiatives  are  a  contribution  to  the  achievement  of  the  major  objectives  of  structural 
policies  for  1994-99. 

1) Aid  for  transborder  cooperation  (INTERREG ID is a programme  allocated  1.9 billion 
ECUs  for  the  1994-99 period. 

From  1989-93, culture  appears to have  been of minor  importance  in transborder  cooperation 
(both inside and outside), the major  part of funds  having been allocated to "heavy"  infrastruc 
tures works. However,  some of the initiatives  financed  within this context  include  aspects to 
which  culture  is  applicable: 

•  The Spain/Portugal programme (1990-93) concerned  over  half Portuguese territory  and  a portion  of  the 
Spanish  regions  of  Galicia,  Castilla  and  Leon,  Extremadura  and  Andalucia,  i.e.  approximately  6  million 
people. The Community  allocated  410.82 million  ECUs (out of a total  cost of 592.83 million ECUs). 

The principal  areas of concentration  were the improvement  of communications  (76.4% of the  allocation), 
the  strengthening  of  links  between  towns  and  the  coordinated  manafiement  of  natural,  cultural  and 
environmental  riches. 
The development  of nature parks and  reserves was financed  under this  latter heading. 

• The Belgian (West Flanders)/France(Nord-Pas-de-Calais)programme, conducted between  1991 and  1993 
(28.33 million  ECUs which  included  an EC contribution of 
13.87  million  ECUs),  included  a  large  proportion 
(40.2%) being allocated  to "enhancement of the tourist heritage", this being closely linked  to environmental  aspects 
(20.6%) such as the effort  to  combat  erosion of coastal dunes. Within  the context of the projects  adopted, 
campaign to promote Flemish lace may, for example, 

which  draw their inspiration  from  a transborder strategy, a 
be noted. 

For  the  1994-99  programming  period,  we  can  estimate  that  the  cultural  dimension  will 
probably  represent  only  1% of  the  total  allocation,  i.e.  approximately  3  million  ECUs  per 
annum.  These  amounts  are  to  finance  actions  linked  to  forms  of  "cultural  cooperation"  or 
arising  from  the promotion  of  "tourism  and  agro-tourism",  or  "rural  development". 

2) Aid to the ultraperipheral  regions  (REGIS II) aims to enable these zones to  participate 
fully  in transnational  cooperation  networks. 

This programme is allocated 600 million ECUs for the 1994-99 period. The regions concerned 
(Guadeloupe,  Guyana,  Martinique and Réunion in the case of the French overseas territories, 
the Azores and Madeira  in the case of Portugal, and the Canary  Islands in the case of  Spain) 
must submit their applications for  assistance in the form  of operational programmes  or global 
subsidies. 

The  measures  eligible  under  REGIS  II  centre  around  5 principal  areas. 

"Tourism", under "diversification of economic activities", covers "investment aid linked to the development 
of a "discovery" tourism outside areas frequented  by tourists, such development being better integrated into 
the local fabric and not endangering biologically fragile zones (e.g. self-catering accommodation,  family-run 
hotels, tourism development linked to the creation or to the development of natural parks, forest and tropical 
river circuits, hiking routes and  the enhancement  of buildings and  local cultures). 

The  aid  allocated  under  the  REGIS  initiative  can  be  granted  only  for  investments  linked  to 
the  development  of  "discovery" tourism  which  includes  enhancement  of buildings  and  local 

part  II  -  page  6 

37 

cultures.  This  is  thus  not  a cultural  action  expressly  based  on  enhancement  of  these  highly 
specific  cultures. 

3)  The  LEADER  II  programme  ("Links  between  rural  economy  development  actions")  is 
aimed  essentially  (90%)  at  objective  1 and  objective  5b  regions.  This  initiative  follows  on 
from  the  LEADER  I programme  (1991-93)  and  has  been  allocated  1,400  million  ECUs  for 
the period  1994  to  1999, 900  million  ECUs  of  which  are  for  objective  1 regions.  Emphasis 
is placed  on  the  innovative  and  demonstrative  nature  of  the  rural  development  actions,  the 
latter being implemented either by "Local Action Groups" (LAG, already defined  in LEADER 
I)  or  by  more  institutional  players  (local  communities,  chambers  of  commerce  or  of 
agriculture,  etc.)  around  a  set  of  local  development  topics. 

The SPARC (South Pembrokeshire Partnership for Action with Rural Communities, "Local Action Group" 
under the LEADER I programme) project is an example of an initiative aimed at redeveloping a rural region 
in  South  Wales on the basis of essentially  cultural  assets. The region  is very  underprivileged,  its  standard 
of  living  being  70% below the Community  average. 
The principle of this project is to encourage the entire population to take action on "what should  be done", 
enabling  each  of the 35 communities  present to make progress towards achievements  which  concern them 
all. 
The first  vector  for these cultural  initiatives  was the redevelopment of all  footpaths  linking  these villages, 
i.e. almost  80 kilometres of paths. 
Under this first initiative, rehabilitation  of the rural landscape was what was really at stake. All the villages 
began to take an interest in the renovation of their own heritage, the maintenance of rural properties, ancient 
buildings and  rural equipment. 
A number of monuments benefited  from this action: a medieval hospice (Llangollen Medieval Hospice), an 
ancient  brewery, etc. 
Moreover, an annual  festival  was  launched,  devoted  to the staging of Welsh cultural  works. 
This first initiative was followed  by another, the protection of the Welsh language. However, this protection 
is not sought  for  its own sake, the  intention  being to generate better knowledge of  local  society. 
Thus,  300  projects  were  started  up,  the  sum  being  approximately  £2.5  million,  of  which  one  fifth  was 
financed by the LEADER I programme. Nearly 3,000 people offered their services as volunteers to run these 
associations and, subsequently, the  projects  undertaken. 

These initiatives, particularly  when based on cultural elements, have changed the logic behind 
regional development  in a rural area, which is increasingly centred on the "quality of life" and 
the active participation  of the local population.  It is thus in this connection  that the  LEADER 
II  initiative  includes  the  promotion  of  regional  identities  (including  linguistic  aspects),  the 
preservation  and  enhancement  of  cultural  heritage  and the  organisation  of  cultural  activities. 

4)  Community  initiatives  promoting  the  reconversion  of  single-industry  areas 

The  European  enterprise,  which,  at  its  inception,  was  based  on  the  iron  and  steel  and  coal 
sectors, progressively  moved  away  from  the  sector-specific  approach  until  the  sectors  which 
largely  formed  the basis for European  industrial  development  entered  into crisis in the  1980s. 
At the Community's  initiative, therefore,  aid  was set up for  the reconversion  of those  regions 
most  affected  by  the  crisis  in  the  "traditional"  sectors,  with  the  RESIDER  I  programme  in 
1988 (reconversion of iron and steel zones), the RECHARI programme in  1989 (coal-mining 
areas), the RETEX programme  in  1992 (textiles/clothing), the KONVER programme  in  1993 
(military  and  defence  activities),  and,  finally,  the  PESCA  programme  in  1994  (fisheries 
sector). 

part  II  - page  7 

38 

These  programmes  were  adopted  on  dates  which  were  staggered  over  time  and  thus  do  not 
cover  the  same  programming  periods  and  benefit  from  different  overall  budgets  : 

• After  RESIDER I (1988-93), a new programme (RESIDER II, allocated  500 million  ECUs) was 
adopted  for 6 years (1994-99) 
•  RECHAR  I (1989-93) was  followed  by RECHAR  11  (1994-97, 500 million  ECUs) 
•  RETEX,  adopted  initially  for  2  years  (1992-93)  has  been  extended  up  to  1999  (500  million 
ECUs) 
•  military  reconversion  projects  undertaken  at  the  request  of  the  European  Parliament  in  1991 
(PERIFERA I) and  1992 (PERIFERAII) resulted in KONVER, initially implemented  for one year 
(1993) and then  extended  on a multiannual basis up to the end of  1997 (500 million  ECUs) 
•  PESCA was adopted  in  1994 for  5 years with an allocation of 250 million  ECUs. 

These  Community  initiatives  are  centred  on  a  common  objective  which  is  the  economic 
reconversion  of  these  zones  through  the  diversification  of  activities.  Therefore,  the  types  of 
measures  eligible  relate,  on  the  one  hand,  to  the  revitalisation  of  the  local  economic  fabric, 
particularly  the  promotion  of new  activities developed  by the  SMEs, and,  on the  other  hand, 
to the  adaptation  of  the  labour  force  through  aid  to training  and  employment. 

Besides these  two  main  areas  of  concentration,  it  may  be  noted  that  the  most  long-standing 
Community initiatives have seen an expansion of the measures which are eligible, particularly 
in connection  with  the  environment  and  tourism. 

It  is  in  these  two  latter  areas  that  it  is  possible  to  discern  actions  which  include  a  cultural 
dimension. 

In RESIDER  II (6 types of eligible  measures) and  in RECHAR  II (7 types of eligible  measures) and, to a 
lesser  extent,  KONVER  (9  types  of  eligible  measures), there  are  2  measures  which  include  a  cultural 
dimension,  namely  "rehabilitation  of  the  environment  and  economic  reallocation  of  ancient  industrial 
buildings" and  "promotion of tourism, particularly  industrial tourism". 

In  the  case  of  RETEX,  a  single  measure  concerns  "the  development  of  industrial  wastelands  and  the 
reconversion of disused factories, aid for the treatment of liquid effluent  and other industrial waste products, 
and  technical  assistance for the  institution  of less polluting  processes". 

Finally,  one  of  the  PESCA  subsidiary  measures  targets  "the  development  of  ports  and 
investments  for  new  activities  (tourism,  crafts)". 

Once  again,  these  are  the  elements  already  included  in  the  aid  granted  under  the  terms  of 
objective  2,  perhaps  supplemented  by  the  fact  that  it  is  easier,  here,  to  discern  the  relative 
absence  of  heritage  conservation/preservation  actions  forming  part  of  a  flanking  policy  for 
these  changes:  in  this  connection,  it  could  be  imagined  (for  example  in the  fisheries  sector) 
that  "the  virtually  global  chronic  overcapacity  of  the  fleets"  which  "forces  a  significant 
number  of  fishing  vessels  to  be  laid  up1  is  compatible  with  aid  aimed  at  the  preserva 
tion/conservation/enhancement  of  ancient  trades,  boats, navigational  or  fishing  instruments, 
etc." 

'Community  initiative  relating  to  the  restructuring  of  the  fisheries  sector  -  (PESCA)  -
94/C180/01 

part  II  - page  8 

39 

Finally, the share of aid allocated to the various eligible measures having (totally or partially) 
a  cultural  dimension  appears  to  represent  only  a relatively  small  amount  (of  the  order  of  5 
million  ECUs/  year,  i.e.  1.15%)  of  these  Community  initiatives  insofar  as  all  the  other 
measures involve high levels of spending (infrastructures,  community  amenities, construction 
of  new  buildings, etc.). 

III.  ARTICLE 10 OF THE ERDF RULES 

Besides structural fund  interventions to promote programmes submitted by the Member  States 
and  Community  initiative  programmes,  the  ERDF,  through  Article  10,  finances  innovative 
pilot projects  and studies to either directly  or indirectly promote transfers  of knowledge.  This 
article  is thus  a financial  instrument  of the regional  policies2 which,  for  the  1995-99  period, 
allocates  its  fund  of  395  million  ECUs to  the  following  four  priorities: 

1. Internal  and  external  inter-regional  cooperation  (180 million  ECUs) 
2. Innovative regional development actions (90 million ECUs), with 3 areas of 
concentration: 

Mobilisation  of  local  endogenous  potential 
Technological  and telematic development  (information  society) 
Economic  development  and  culture 

3.  Urban  policy  (80  million  ECUs) 
4.  Regional  development  (45  million  ECUs) 

A large number of projects  may  include cultural  or culturally  oriented  actions, such as  inter 
regional  cooperation  action  or  urban  pilot  projects. 

As regards actions  in the urban area, these were initiated during the  1989-93 period  when  32 
urban pilot projects  were co-financed  at Community  level, for  a figure  of  101 million ECUs. 
One of  the  4 topics  was  "the revitalisation  of historical centres". 

The  example  of Lisbon: the  development  of this  project  is  based on  technical  studies  financed 
under Article  10 of the ERDF. The objective  of this project  is the economic revitalisation  of two 
historic districts of the city. The "Livramento Rampart" project includes the creation of a belvedere, 
a museum and craft workshops. The second  initiative  includes the renovation of the Pancas Palha 
Palace, a building in a state of advanced decay which will be home to a new centre for  non-profit-
making  cultural  and  scientific  bodies.  One  of  these  institutions  will  serve  as  a  permanent 
monitoring centre for urban  and  regional studies. 

On this occasion, construction techniques to improve the strength of buildings and their ability to 
withstand  earthquakes  will  also  be  tested.  A  Community  subsidy  of  5.665  million  ECUs  is 
provided  for  this project,  the  Pancas Palha  Palace  section of which  has already  been  completed. 
In addition to the renovation  of historical monuments  and the  development  of cultural  activities, 
the anticipated  result is an  increase in local commercial  and  industrial activities. 

Inter-regional cooperation actions conducted under Article  10 of the ERDF have concentrated 
on  two  programmes:  RECITE  (48  million  ECUs,  36  inter-regional  cooperation  networks 
within the Union since 1990) and OVERTURE/ECOS, which were launched in 1991 (external 

Provided  by  Council  Rule  (EEC) No.  2052/88,  relating 
to the  aims  of  funds  having  a  structural  objective 

part  II  -  page  9 

40 

decentralised  cooperation  programmes,  20  million  ECUs each  and  250  projects  financed). 

Within  the  context  of  European  cooperation  networks, the only  project  with  a  strong 
cultural  connection  is that  on  "Tourism  in the Mediterranean"  which,  on the  basis  of 
the  observation  of  a degree  of  decline  in tourism  in Mediterranean  Europe,  proposes 
to  tackle  this  situation  by  building  up  water-sports-related  tourism  and  cultural  and 
rural  tourism.  The  Community  contribution  to this project  is  1 million  ECUs  (out  of 
a  total  cost  of  1.3  million  ECUs). 
In the case of water-sports-related  tourism, the project  is endeavouring to improve the 
540  "small  and  medium-sized"  marinas  which  have  been  listed, particularly  through 
the creation of inter-regional circuits offered  to tourists as "packages", but also through 
the  development  of  inter-regional  groupings  using  modern  telematic  and  computing 
means  enabling them  to improve  the operating  conditions and  promotion  of  this type 
of  tourism. 
As  for  rural  and  cultural  tourism,  little-known  historical  or  cultural  sites  are  to  be 
improved  in  conjunction  with  inland  areas  which  are  often  omitted  from  tourist 
brochures. 

Still within the context of inter-regional  cooperation actions, the PACTE programme  (outside 
Article  10  of  the  ERDF)  was  launched  in  1990  by  the  European  Parliament.  Initially 
composed  of  two  distinct  programmes,  which  were  grouped  together  in  1994,  PACTE  has 
enabled regional communities to embark upon transnational cooperation through an exchange 
of  experience  involving  at  least  3 communities  or  bodies  in different  Member  States. 

1) The  project  conducted  in  1992-93  in the  "culture and  development"  field  by the  Aude  Council  (F), in 
partnership with the towns of Mytilini (GR), Anos  Siros (GR), Torroella de Montgri (E) and  Bologna (I), 
brought  together  communities  which  had  lived  through  the  phenomenon  of  heresy  in  the  Middle  Ages. 
Meetings related to methodologies drawn up to make use of the historical, natural or cultural heritage as an 
element  in  a  region's  economic  development.  The  overall  development  experience  of  the  Cathar  region 
(Aude) served as a frame of reference  for the exchange. By means of this example, the other partners were 
able to  see how far  it was possible to go  in using heritage as an economic development  tool. 

The partners envisaged the twinning of their towns, the launching of joint actions aimed at exchanging skills 
and technical  assistance in fields  as diverse as the environment, historical research and  product  labelling. 

2) Still  in the field of "culture and development", the "TV REGIO - Audiovisual regional television area in 
Europe" project  (1994-95), conducted  by  Midland  TV (UK) brought  a large number of partners  together: 
Alsace  (F),  Piemonte  (I),  Rheinland  Pfalz  (D),  Bornholm  (DK), Norte  (P),  Valencia  (E),  Madrid  (E), 
Cataluna  (E), Lisboa and  Vale de Tejo  (P), Copenhagen  (DK) and North Holland (NL). 
This  project,  which  brings  together  researchers  and  professionals  in  the  mass-media  sphere  from  many 
countries, is making it possible to set up a unique network of exchanges of programmes and  ideas between 
the  European  regions  with  a  view  to  making  coproductions:  transborder  newspapers  and  magazines, 
documentaries, musical broadcasts. This network  led to the production of a directory of regional television 
stations, a coproduction  catalogue and  newsletters. A training programme for journalists and a databank  of 
regional  broadcasts  are  currently  being  studied.  This  project  is  making  it  possible  to  give  practical 
embodiment  to  inter-regional cooperation  in a particularly  innovative field. 

"Culture and  economic  development"  is still  on the  fringes  when  it comes  to  fields  of  inter 
regional cooperation, currently standing at around 2%, far behind the other cooperation topics 
such as "public administration  and regional  management"  (22%) or  "economic  development, 
employment  and  assistance for  SMEs" (23%). 

part  II  - page  10 

4 

For  the  programming  period  from  1995-99, Article  10 of the ERDF  regulation  provides  for 
the  possibility  of  a  maximum  Community  contribution  of  600,000  ECUs  per  project,  for 
financing  culturally oriented  economic development  inter-regional  cooperation pilot  projects. 
A total amount of  15 million ECUs is provided over this period for financing  this pilot action. 
The objective  of these projects  is "to strengthen economic and social cohesion by contributing 
to  the  establishment  of  networks  between  the  regions  and  towns  of  the  Union,  on  the  basis 
of culture  and  the  enhancement  of regional  and  local cultural  heritage,  with  a view  to  inter 
regional  cooperation  and  economic  development".(,) 
The  areas  of  cooperation  covered  are  (list  not  exhaustive): 

- historical and architectural heritage (urban, archaeological, religious, military, 
naval,  etc.) 
-  industrial  heritage  (textiles,  iron  and  steel, etc.) 
-  craft  heritage  (artistic  trades, traditional  trades, savoir-faire, etc.) 

In total, besides the  specifically  cultural  area which accounts  for  15 million ECUs, the  share 
for  culture  of  the  four  priorities  of  Article  10 of the  ERDF accounts  for  slightly  more  than 
2  million  ECUs per  annum  (instead  of  1 million  ECUs for  the previous period). 

Under  these  conditions,  it would  appear  that  the  definition  of  a specifically  cultural  field  in 
innovative  regional  development  actions is a significant  leap forward  in both  qualitative  and 
quantitative  terms,  since  the  relative  share  of  culture  in  these  actions  as  a  whole  would 
increase  from  approximately  0.5% to  some  6%. 

(1) = Call  for  proposals  for  networks  of  regional  and  local  authorities wishing to launch joint 
culturally  oriented  economic  development  inter-regional  cooperation  pilot projects  under  the 
terms  of  Article  10 of  the  ERDF  -  (95/38) 

part  II  -  page  11 

2 

CHAPTER  II  : CULTURE, SOCIAL  POLICY  AND  HUMAN  RESOURCES 

A  structured  and  coherent  action  on  the  part  of  the  Union  must  make  a  contribution  to 
restoring  a  high  level  of  employment,  which  is  one  of  the  objectives  of  the  Treaty. 
Unemployment  actually  affects  the foundation  of our societies: in the Union, it affects  nearly 
20 million  people, particularly  the young.  Owing  to socio-economic  changes,  lifestyles  and 
styles  of  consumption,  assets  which,  in  Europe,  generate  a particularly  rich  and  diversified 
heritage, cultural  activities  represent  an important  source of jobs which  should  be  exploited. 

JL 

CULTURE, EMPLOYMENT  AND  SOCIAL  COHESION 

In addition  to  interventions  under  territorial  objectives  1, 2 and  5b under the terms  of  which 
the  ESF  finances  training  actions  in  the  field  of  culture,  the  economic  and  social  cohesion 
policy  is  also  implemented  through  ESF  interventions  under  objectives  3  and  4.  These  are 
supplemented  by  the  Community's  two  EMPLOI  and  ADAPT  iniatives  and,  as  regards 
innovative actions, Article 6 of the ESF's regulation. By means of the tests listed below,  such 
interventions  deal  with  or  often  include  cultural  aspects  which  by  improving  the  human 
resources  involved,  make  it  possible to  offset  the risk  of  marginalisation. 

' 

Objective 3 aims to combat long-term unemployment, facilitate the entry of young people into 
the world  of  work  and  integrate  those  at  risk  of  exclusion  into  the  labour  market. 

Objective  4 aims to help workers  adapt to industrial change and developments  in  production 
systems. 

Such objectives  account  for  14 billion  ECUs  in the  current  1994-99  programme. 

With a budget  of  1.4 billion  ECUs, the Community's EMPLOI  initiative  is made up of  three 
parts  intended,  together,  to  solve problems  of  exclusion  on marginalisation  in relation  to  the 
labour  market. 

The EMPLOI/NO W part  supports the development  of approaches and  instruments which  are 
both  innovative  and  effective  in terms  of  the  vocational  training  and  integration  of  women. 

The EMPLOI/HORIZON  part encourages the professional  integration of disabled people  and 
the underprivileged,  to  combat  economic  and  social  exclusion. 

The  EMPLOI/YOUTHSTART  part  supports projects  to promote  the entry  into the  world  of 
work  of  young  people  without  vocational  qualifications,  particularly  those  threatened  with 
long-term  unemployment  and  progressive  exclusion  from  active  society. 

The  Community's  ADAPT 
interconnected  objectives: 

initiative  also  receives  1.4  billion  ECUs  and  has 

four 

to  help  workers  adapt  to  industrial  change 
to  help  businesses  increase  their  level  of  competitiveness 
to  prevent  unemployment  by  improving  workers'  qualifications 
to  facilitate  the  creation  of  new jobs  and  the  implementation  of  new  activities. 

part  II  - page  12 

43 

Those  who  benefit  from  the  ADAPT  initiative  are  mainly  workers  affected  by  industrial 
changes  (those  in work, those threatened  with  unemployment,  those who have just  lost  their 
job  in  the  wake  of  a business reorganisation,  etc.). 

reintegration  policies 

During  the  1989-93  period,  the  Community  actively  contributed  to  the  setting-up  of  socio-
professional 
long-term 
unemployed, unqualified  youngsters, migrants and disabled people. One of the  characteristics 
of actions implemented  over these five years is that culture occupies a significant  place in the 
vocational  training  actions. 

favouring  underprivileged  groups, 

the 

This  training  may  be  aimed  at  young  people  who  have  already  selected  a  direction  in 
connection  with  cultural  matters. 

Example  1 - Training actions  in the field of the enhancement of historical and artistic heritage in Italy 

Actions of this type have increased  in number in Italy, in different regions, particularly during  1993. Many 
young  people  have a qualification  in the cultural field but experience  difficulties  in entering the  world  of 
work. The training actions which have been set up favour an economic and productive approach on the part 
of the  artistic trades  and  relate to various  spheres (publishing, museums, music, architectural  restoration, 
etc.). The cultural dimension  proves to be a valuable and motivating experience  for the trainees. 
The following  may  be mentioned  among the initiatives which receive support: 
-  in Umbria, there  is a course on  restoring ancient  books and training  for operators working  in museums. 
The placement rate is of the order of 100%; 
-  in  Tuscany  and  in  Emilia-Romagna, a  range of training  courses  relating to  the field of music,  musical 
restoration (soundtracks of old films) and the theatre. The placement rate is approximately 80% in Tuscany; 
- finally, in Venetia, where there is a great need  for conservation of the artistic heritage, there are courses 
for technicians  in architectural  restoration. The placement rate is of the order of 80%. 
In most cases, trainees on  the  above  courses have  found  employment,  either  in public  undertakings, or in 
private companies organising such courses or, most frequently,  in cooperatives. 

Example 2 - The Belfort  area, the ESF and the professional  integration  of young artists 

European "training nurseries" offer young artists the means for carrying out research and creative work over 
a  3- to 9-month  period. 
In addition  to the physical  facilities  made available to them  by the host town, such artists receive  a grant 
from the "training nursery" association to enable them to complete their project and embark on a professional 
and  cultural  integration  approach  through their practical artistic work. 
On the one  hand, artists from  the same discipline but of different  nationalities  exchange their  experiences 
and  different  public-encounter  actions  are organised  around  the works produced  (exhibitions, catalogues, 
publications, shows). 
In  1993, the ESF supported this mechanism  which promotes the professional  integration of creative young 
people. 

Other  experiences  supported  by  the  European  Social  Fund  (ESF)  have  a cultural  dimension 
to them,  not  because  they  relate  to  artist  training,  but  because  expected  results come  under 
activities  in  cultural  fields.  These  training  courses are therefore  aimed  at young  people  who 
have problems in entering the job  market owing to their lack of initial  training/qualifications. 

Example - The Escuelas-Talleres ("School-Workshops")and the Casas de Oficios ("Trade Centres") 

The  Escuelas-Talleres  and  the  Casas  de  Oficios  are  public  programmes  managed  by  the  National 
Employment  Institute. The actions are  intended  for young  people who have yet to finish their  elementary 
education,  something which  prevents them  from  acquiring a vocational  training. 
The training  courses alternate  theoretical  apprenticeship and  work experience  and  incorporate advice  and 

part  II  - page  13 

44 

guidance phases. Over a period of from  1  to 3 years, students receive training in public projects and in areas 
which  have  been  identified  as  potential  sources  of  employment  by  the  White  Paper  on  growth, 
competitiveness and employment, such as the rehabilitation of artistic, historical, cultural and urban heritage, 
environmental conservation (garden maintenance) and apprenticeship in craft trades. 
The public bodies involved in these programmes in some cases taken on student workers from these school-
workshops or trade centres, for work or services they manage. 
This type  of programme  has already  been  implemented  in other  Member States  under  another  name  and 
could  be applied  throughout the Community. 

Example- Construction of the "Batavia", a 16th century vessel, to integrate the unqualified, unemployed 
youngsters  into the  world  of  work  (NL) 

This project,  financed  under Objective  3, aimed to integrate unemployed youngsters into the world  of 
work  and  employed  about  50  apprentices  a  year  between  1990 and  1995. They  were  organised  into 
small groups  led by a qualified  worker. The work, mostly carpentry, enabled some 350 participants  to 
obtain  a  qualification  from  their  training  course, with 224  of them  going  on to get jobs. 

A  third  cultural  dimension  in  social  policies  is  that  of  culture  as  a  privileged  means  of 
expression  and  affirmation  for  people  in  difficulty  and  thus  as  an  aid  to  their  integration, 
particularly  into  the  labour  market. 

Example - The Blvth dramatic arts centre: developing the talents of the long-term unemployed 

The project was aimed at creating an innovative concept combining practical training and expert individual 
evaluation, to respond to specific, long-term needs. Those involved were given the basic skills they  lacked 
to enable them, subsequently, to embark on another training course. 
Those running  the  project  therefore  took  on  people  over  25 years of age who had  been  unemployed  for 
longer than  17 months  and whose  special  training  needs had  been  recognised. Within the  context  of  this 
training, participants had to take part in a group activity of community interest, in this case the preparation 
of a theatrical show, a type of work which  was intended to develop their self- confidence, motivation  and 
spirit of initiative, to perfect skills already acquired and to generate interest in acquiring further skills. Files 
were  compiled  by  the  participants  during  their  training  course, using  methods  adapted  to  their  specific 
requirements, these files then  being submitted  for recognition to the Royal  Society of Arts (RSA). 

The second  lesson gained  from  an  analysis  of  the  1989-93  period  is that  culture  has  proved 
to  be  a  promising  sector  in  terms  of  job  creation,  and  is  thus  well  regarded  in  sectors 
acknowledged  as potential  sources  of  employment. 
The difficulty  lies in understanding  the impact  of culture on employment: we must  therefore 
supply the cultural  statistics. 

Firstly,  in  relation  to  the  production  and  dissemination  of  cultural  statistics  in  each  of  the 
countries of the European Union, and the routes towards alignment which can be detected  at 
European  level,  an  exploratory  study  has  been  carried  out  which  clarifies,  on  the  basis  of 
three principal methodological  conventions, the field adopted for the definition  of culture, the 
sources  on  which  an  evaluation  of  this  field  could  be  based,  and  the  expected  method  of 
validation  of  these  results. 

As regards  the  definition  of  the  cultural  field,  the  following  categories  have  been  adopted, 
according  to  the  UNESCO  classification: 

Cultural  heritage 
Printed  works  and  literature 
Music and  the  entertainment  arts 

part  II  - page  14 

Visual  arts 
Audio  and  audiovisual  media 
Socio-cultural  activities 

The  abundance  of  data  available  in  most  countries  made  it  essential  to  define  better  those 
which could  be adopted  for  long-term  consideration  at European-Union  level. At this  stage, 
therefore, those sources which were both national and recurrent in nature, and available, were 
listed.  The results were  validated  by  direct  contact with the principal  national  collectors,  on 
the basis of using the information  submitted to them with a view to establishing a Community 
framework  for  reflection  concentrating  on  three topics: 

-  assessment of  public  finances  allocated  to  culture 
-  evaluation  of  the  importance,  in  terms  of  employment,  of  the  cultural  sector  and  of  its 
components 
-  knowledge  of  cultural  practices 

Secondly, greater knowledge of the importance of culture in Community policies is required, 
particularly  on  the  basis  of  the  "employment"  and  "free  time"  (of  households)  surveys 
conducted  by Eurostat, and also the more systematic use of the data contained  in the  projects 
submitted  within  the  context  of  the  structural  funds  or  of  the  Community  employment 
initiatives. 

There is therefore  a need to develop and refine the tools for evaluating the cultural  dimension' 
in  Community  social  policies  based  on  the  fact  that  the  sector  of  leisure  activities,  art  and 
culture in general nowadays probably  employs as many people as the automobile industry  and 
more  than  the  clothing  and  footwear  production  sector  ("Employment  in  Europe",  report 
1994). 

Beyond existing  employment,  the  Union  has already embarked on active research,  listing  17 
"beacon  sectors"  of  activity  with  greatest  employment  potential,  including  enhancement  of 
cultural heritage,  local  cultural  development  and the audiovisual field, in respect of  which  it 
has instigated  innovative  actions  (under  Article  10 of the ERDF, cf  Chapter  I of  this  part). 

The aim  of  this  series  of  innovative  actions  is twofold:  to  promote  the  drawing-up  of  local 
strategies or,  preferably,  supralocal  strategies, and then pilot projects  to  support job  creation 
based on local initiative. These actions will  be based on an integrated  development  approach 
and on priority  areas of action selected  from  the  17 sectors picked out by the "White  Paper". 
At  Community  level,  they  are  supplemented  by  more  specific  actions  designed  exclusively 
with  the  long-term  unemployed  in  mind. 

-  An  integrated  development  approach 
This  relates  to  implementing  an  action,  to  promote  employment  based  on  local  initiative, 
which  is  integrated  both  in  terms  of  instruments  and  in  terms  of  partners.  This  integrated 
approach  must  be  supported  by  a  wide  partnership  base  encompassing  the  principal 
government  players  and  also  the  community  sector  and the private  sector. 

-  Fields  of  action 
These  were  selected  from  the  "White  Paper"  and  all  relate  to  improving  the  quality  of  life. 

part  II  - page  15 

4B 

They  can  be presented  in  the  form  of  three  subgroups: 
1) - 
2)  - 
3)  - 

people-linked  employment,  including  local  audiovisual  and  cultural  services; 
lifestyle-linked  employment,  including  new  forms  of  tourism; 
environment-linked employment,  including the protection  and maintenance of  natural 
areas. 

Eligible  actions  are  necessarily  organised  into  two  continuous  phases: 

-  the  drawing-up  of  regional  or  local  strategies to  support  the  creation  of jobs  based 

on  local  initiative  (duration:  8 months), 

- pilot projects to support the structuring of a supply of services (duration:  16 months). 

During  this period,  the  selected  participants  also evaluate  and  publicise  their  actions. 

Within  the  context  of  the  active  employment  policies  recommended  by  the  "growth, 
competitiveness,  employment"  White  Paper,  encouragement  for  local  development  and 
employment initiatives (OJEC 265/3,  12.10.95) is undeniably  an interesting component  from 
the  standpoint  of  cost/benefit  analysis. 
On the basis of the macroeconomic  evaluation  of the job-creation potential  carried  out  in the 
case of  three  countries  in  the  Union  (France,  United  Kingdom  and  Germany),  it  is  possible 
to assert that  such a policy,  which  includes  an  obvious cultural  dimension,  is of  such a  type 
as to  lead to an annual  increase  in employment  in Europe  of  from  140,000 to 400,000 jobs, 
which is some 40% of the target for  increasing growth in employment set by the White Paper 
in  order  to  halve  the  present  level  of  unemployment  by the year  2000. 
In  the  context  of  work  to  identify  new  areas  of  employment  growth,  the  Community,  in 
collaboration with the principal players concerned, implementing or financing  several analysis 
and experience-exchange activities concentrating on the relationship between employment and 
culture.  The  following  may  be  mentioned  by  way  of  example: 

under the LEDA (local employment development action) programme, the organisation 
of  "subject  workshops" on  new  employment  opportunities  in the  cultural  sector 
research/action  on  the  economic  impact  and  their  contribution  to  employment  in 
festival  cities, to include  13 festivals  in 5 Member States (Thessalonika and Heraklion 
in  Greece;  Spoleto,  Pesaro  and  Turin  in  Italy;  Wexford  in  Ireland;  Edinburgh  and 
Manchester  in  the  UK;  Avignon,  Lorient  and  Bourges  in  France;  and  Graz  and • 
Salzburg  in  Austria) 
research/action  on the economic  impact and contribution  to  employment  in  museums 
(NEMUS),  involving  museum  administrators  from  20 towns  and  cities  or  regions  in 
7  Member  States 
a  study  of  the  potential  for  creating  "cultural" jobs  in  Southern  Europe 
support  for  the  "Making  Must  Work"  conference  organised  with  the  Europodays 
scheme, meeting  in May  1996 and  involving  150 companies  from  all over the  Union 
support  for  the  "international  cultural  employment"  project  which  is  aimed  at 
promoting  the  mobility  of  cultural  workers 
support  for the organisation of seminars devoted to the economics of culture  (Perugia 
1995,  Temple  Bar  - Dublin  1994, Liverpool  Institute  of  Performing  Arts  1994, etc.) 

Finally,  it should be noted  that the  Community  provides  financial  support (235,000 ECUs in 
1995), together with the HELIOS II programme to help the disabled, for activities undertaken 
by disabled  European  artists  in  the  cultural  field. 

part  II  - page  16 

47 

2,  CULTURE AND HUMAN RESOURCES 

Although  vocational  training  was  included  in  the  Treaty  of  Rome,  it  was  the  Maastricht 
Treaty  which  brought  education  within  the  jurisdiction  of  the  European  Union.  The 
intervention  of the Community  in the field of vocational training developed during the  1980s 
with  the  launching  of  cooperation  programmes  between  universities  and  between  training 
institutes. 

In  1993,  the  Commission's  white  paper  on  growth,  competitiveness  and  employment 
highlighted  the  importance  of  the  role  played  by  education  and  training  in  transforming 
economic growth into jobs. This topic was then taken up in the White Paper on education and 
training  drawn  up  by  the  Commission  in  1995 (COM (95)  590,  "Teach  and  learn  -  towards 
the  cognitive  society"). 

In  order  better  to  fulfil  its  role,  the  Union  has,  since  1995, reorganised  and  rationalised  its 
education  and  training  programmes,  grouping  them  together  principally  under  three 
programmes:  "Socrates"  (education)  and  "Leonardo"  (vocational  training)  and  "Youth  of 
Europe". 

The Socrates  programme 

Covering the period from  1995 to  1999 and allocated an overall budget of 850 million ECUs, 
this programme is based on the experience gained through ERASMUS, LINGUA and various 
previous pilot  actions. It covers  all  levels of education,  from  pre-school to higher  education, 
language learning, distance teaching and adult training as well as the promotion of exchanges 
of  information  and  experiences  in  the  field  of  education.  Since  culture  and  its  diversity  are 
essential components of educational  content, culture underlies the majority  of actions covered 
by  the  programme. 

Its overall objective  is to develop the European  educational  dimension  in order to  strengthen 
the  feeling  of  European  citizenship,  relying  on the  cultural  heritage  of  each  Member  State. 
This  is  reflected  as  much  in  the  promotion  of  better  knowledge  of  foreign  languages,  to 
promote the development of the intercultural dimension of teaching, improvement cooperation 
between  firms,  and  the  mobility  of  students  and  teachers,  as  in  encouragement  for  the 
academic  recognition  of  diplomas  and  periods  of  study,  the  promotion  of  exchanges  of 
information  and  experiences,  etc. 

"Erasmus " and  the  intercultural  dimension  of education in higher education 

The  "Erasmus" action (1995 budget  :  120 million ECUs), which relates to higher  education, 
encourages,  above  all,  the  mobility  of  students  and  teachers  by  awarding  them  grants  and 
providing  them  with  adequate  linguistic  preparation.  It  also  supports university  cooperation 
projects  in fields of common interest, known as "thematic networks". The cultural  dimension 
of an initiative of this type, although  present at all levels of activities  undertaken,  is  difficult 
to  isolate  and  quantify.  In  particular,  it  is  a  function  of  the  participation  of  students  and 
teachers  originating  from  the  cultural  sector,  who  have  the  opportunity  to  complete  their 

part  II  - page  17 

48 

training  in  foreign  universities,  improve  their  linguistic  knowledge  and,  finally,  to  put  this 
"European  added  value"  to  good  use  in  cultural  circles  in  their  countries  of  origin.  The, 
cultural  nature  of  such  an  action  also  results  from  an  openness  to  and  awareness  of  the 
various  European  cultures  it plays  a part  in  establishing. 

Example - Polyphonia 
(European  musical  network)  :  12  musicology  faculties  and  European  conservatoires  have  been  organised  into  a 
cooperative  network  to  promote  the  mobility  of  the  students  and  teachers (intensive joint  programmes and  degree 
courses). This network  resulted in the formation  of a chamber orchestra and a brass ensemble. 

"Comenius" and cooperation  in the field  of preschool,  primary  and secondary  education 

The aim of "Comenius" is to promote the European and intercultural dimension at pre-school 
and school level, and  it includes a series of actions to stimulate cooperation  between  schools, 
to contribute to the development  of professionalism  amongst teachers and thereby to improve 
the  quality  of  schoolteaching  in  various  European  countries. 
This action  may  support projects  based  on a cultural  topic regarded  as a unifying  factor  and 
a  basis  for  reflection  for  networks  of  schools  from  very  different  backgrounds. 

Examples  from  the  pre-launch  phase  of  the  Comenius  action: 

Example  1 - Meithal 
Initial training of teachers and the European dimension since 1990, the Meithal network (Gaelic for "working 
together") brings together teachers and  future teachers, from  12 teaching establishments and  8 countries in 
the  Union,  for  one  month,  on  a  specific  topic  (in  1984,  "Art  in  Europe"). The  objective  is  to  stimulate 
exchanges and  consideration of the  European dimension  in the initial  training of teachers. 

Example 2 - How to  live together  in Europe 

Developed  between  1992 and  1994, within  the context of the pre-Socrates multilateral  school  partnership 
pilot  action,  the  "How  to  live  together  in  Europe  -  Le  forme  della  convivenza  in  Europa"  project  was 
coordinated  by  a  secondary  school  in  Palermo  (Italy) and  accomplished  through  a  network  made  up  of 
establishments in Austria, France, Germany, the United Kingdom, the Netherlands and Spain. The  project 
had a multidisciplinary approach and teachers from several fields were brought together within teaching units 
to take part in a reflection  on subjects as varied  as history, philosophy, literature, sociology, anthropology, 
science, art, etc. The project  contributed  to an evaluation  of the awareness of a common  cultural  heritage, 
of research  into cultural  roots, and  of  the  understanding of relationships between  national  history  and  the 
history of other countries in Europe and  the world. 

Example 3 - The school adopts a monument 
Launched  in  1992 by an Italian  foundation  and coordinated at European  level by the Pegasus Foundation, 
this  project  (supported  by the European  Union) resulted  in the creation  of a network  of over  350  schools 
from  12  towns  in  the  Union,  the  working  topic  being  architectural  heritage.  Each  participating  school 
symbolically adopts a monument  in its particular town, integrates its detailed study into its programme (also 
making  use of new  multimedia  technologies), organises guided  visits, compiles  information,  etc., in  close 
collaboration with the local authorities  and with those responsible for managing  monuments and sites. The 
project  also  makes  provision  for  transnational  cooperative  activities  which  include  the  publication  of  a 
monthly bulletin, meetings between teachers' and students' representatives from participating schools, inter-
school  student exchanges, etc. 

Moreover,  the  Comenius  action  aims  to  support  integration  and  equality  of  opportunity  for 
the children of migrant workers, people pursuing itinerant occupations, travellers and gypsies. 
In  this  case,  support  for  projects  promoting  greater  awareness  of  linguistic  and  cultural 

part  II  - page  18 

4<> 

diversity  and  wealth  must  make  a  contribution  to  the  fight  against  exclusion  from  society, 
racism  and  xenophobia. 

This  is  the  same  approach  as  that  adopted  by  projects  supported  under  "intercultural 
education".  Such  projects  aim  to  help  students  identify 
the  factors  which  unite  and 
differentiate  humanity through a comparative study of different  cultures and develop a critical 
and  comprehensive  view  of  cultural  diversity. 

The  cultural  dimension  of  the  transverse  measures  of  Socrates  : Lingua,  Arion,  etc. 

A  cultural  dimension  strongly  linked,  as  in  the  case  of  the  other  actions,  to  the  notions  of 
exchange  between  educational  systems  and  between  different  cultural  spheres  also 
characterises  the  transverse  measures  provided  under  Socrates.  However,  it  is  difficult  to 
define  it  in  precise  terms  and  even  more  difficult  to quantify  it. 
This is the case of action to promote language learning (LINGUA), which implements a series 
of  measures  to  improve  knowledge  of  an  increasing  number  of  European  languages.  The 
priority  given  to  the  least  spoken  and  least  taught  languages  helps  them  survive  and 
contributes  to  the  cultural  enrichment  of  the  Union. 
Actions organised to promote the exchange  of information  and experiences  and,  particularly, 
action  relating  to  questions  of  joint  interest  concerning  education  policy,  or  the  European 
educational  information  network  (EURYDICE),  may,  logically,  refer  to  educational  aspects 
in  the  cultural  field.  Recognition  of  diplomas  awarded  and  of  education  received  in  other 
countries  (to  which  end  NARIC  (the  network  of  national  centres  for  information  on  the 
academic  recognition  of  diplomas)  works)  is relevant  to  cultural  and  other  studies. 
One of  the  principal  objectives  of the  "Adult  Education"  action  is to disseminate  knowledge 
of  cultures, traditions  and  different  European  languages  by  supporting  pilot  projects  offered 
by  networks  of  institutions  and  organisations  from  at least  three  Member  States. In  the case 
of  this  action,  it  has  been possible  to  estimate  that,  out  of  the  budget  of  3  million  ECUs 
allocated  to  the action for  1995, 29%  was  used to support culturally oriented  projects. 

Education  meets  culture:  the  Community  initiative in  the field  of  education  and  artistic 
training 

This  Community  initiative,  launched  in  1994,  aims  to  promote  transnational  cooperative 
activities  between  educational  and  artistic-training  establishments  in  the  European  Union. 
Aimed,  above  all,  at post-secondary  level,  it  is an attempt  to give  a higher  profile  to  artistic 
subjects  which  are  not  always  regarded  on  very  important  in  educational  programmes.  The 
initiative  covers  the  organisation  of  a  series  of  educational  activities  in  all  artistic  fields, 
ranging  from  the audiovisual  sphere  (cinema, photography, video  art, etc.), dance and  design 
(graphic  arts,  textiles  and  furniture),  to  the  fine  arts  (painting  and  sculpture),  music  (both 
classical  and  popular)  and  theatre. 
During  the  preparatory  phase,  in  1994,  the  Commission  financed  61  demonstration  projects 
covering  all  the areas  mentioned.  In  1995, 52 projects were selected and financed,  costing  a 
total of  700,000  ECUs. 

Example  1. Granite,  wood,  bronze 

part  II  -  page  19 

This  project  consists of  a transnational  refresher  course on  which  fine  arts students  and  young  artists  attend 
courses given  by  professional  artists skilled  in the  techniques of sculpture  in granite,  bronze  and  wood.  The 
relationship  between  the three materials  is explored  as is the relationship between  the  Member  States  taking 
part,  which  provide  different  types  of training. By  mixing  the  materials  during  the  session, the  teachers  and 
students  have  to  work  together  and  exchange  experiences  and  methods,  thereby  adopting  new  approaches 
to sculpture. A document  published  at the  end of the project  encourages better cooperation  at European  level 
between  schools  and  sculpture  workshops.  The  project,  which  is  coordinated  by  a  Scottish  sculpture 
workshop,  also  encompasses  workshops  in  Ireland  and  Sweden. 

Example 2. The establishment of a  "common  structure" for higher artistic studies within  the  European  Union 
Coordinated  by  the  University  of  La  Laguna  de  Tenerife  and  run  with  the  participation  of  the  Regional 
School  of  Fine  Arts  and  Applied  Arts  of  Toulouse  and  the  Antwerp  Higher  National  Institute  and  Royal 
Academy  for  the  Fine  Arts, this  project  aims  to  conduct  research  into the  current  position  of  fine-arts  insti 
tutes  in  the  European  Union  and  their  social  role  as  regards job  creation  in  relation  to  qualifications.  A 
document  will  be  prepared  on  the  various  qualifications  and  diplomas  in  the  field  of  the  fine  arts  in  the 
European  Union.  The  project's  final  objective  is to create  a structure common  to  all  the  Member  States  and 
which  will  be  capable  of  identifying  students'  needs  in  terms  of  their  preparation  for  professional  life  and 
the  transfer  of  their  skills  to  other  Member  States. 

The  projects  selected  in  1994  and  1995 reveal  the  diversity  of  approach  to  education  in  the 
artistic  fields,  this  being  a  response  to  the  various  areas  of  concentration  suggested  by  the 
action  itself:  reinforcement  of  transnational  cooperative  activities  between  teaching  and 
artistic-training establishments in the European Union, increasing the mobility of students and 
teachers,  supporting  initiatives  which  promote  the  dissemination  of  information  and 
the  production  of  modules,  special  courses  or 
experiences,  and  encouragement  for 
international  workshops  and  seminars  which  bring  a European  dimension  to  teaching  of  the 
arts. Often  multidisciplinary in character, many of them also make use of the new  information 
and  communication  technologies.  Moreover,  they  demonstrate  considerable  socio-economic 
dynamism. 

The Leonardo  da  Vinci programme  and  the  cultural dimension  of  vocational  training 

This  programme  which,  like  Socrates,  covers  the  period  from  1995  to  1999,  has  been 
allocated  an  overall  budget  of  620  million  ECUs.  With the  aim  of  rationalisation,  it  covers 
previous  Community  vocational  training  programmes,  particularly  FORCE  (continuing 
education), PETRA (initial training), Comett (university/business cooperation) and  Eurotecnet 
(promotion  of  qualifications  linked  to  technological  innovation).  It  supports  pilot  projects, 
placement/exchange  programmes,  surveys  and  analyses  conducted  within  the  context  of 
transnational  partnerships  in  order,  particularly,  to  promote  an  improvement  in  and  better 
awareness  of  both  national  vocational  training  systems  and  actions  led  by  firms  (including 
university/business cooperation). 

This  programme  has  a  very  wide  field  of  research  and  can  therefore  encourage  cultural 
projects  to  develop  the  training  of  professionals  or  refresher  courses  for  them  in  the  artistic 
and  craft  sector. 

Example  1. Continuing  education  in  the  artistic  ceramics  sector 
Coordinated  by  a  Spanish  association  of  businesses  which  are  active  in  the  field  of  ceramics,  this  project 
aims  to  create  a  system  of  continuing  vocational  education  courses  in  order  to  remedy  major  shortfalls  in 
the  training  of  craftsmen  and  entrepreneurs,  particularly  as  regards  the  use  of  new  technologies. 
The  activities  carried  on  in this  context  are  aimed  at  classifying  trades  according  to  their  levels, at  studying 
the  technological  content  of  each  trade,  and  at  preparing  courses  which  are  adapted  to  said  content  and  to 

part  II  -  page  20 

rz 5J 

specific  training  requirements in order, finally,  to try out the solutions arrived at  in practice. 

Other  projects  aim  to  generate  methodological  reflection  at  European  level  on  a  profession 
which  is  linked  to  the  artistic  sector,  in  order  to  improve  its functioning  and  effectiveness. 

Example 2. Museum professionals - the  gap between education  and  profession 
This project aims to reduce the gap between the traditional training of museum professionals and the  specific 
needs of such institutions. This ranges from opening up a dialogue between the various university museology 
departments and organisations representing museum professionals. This exchange should result in an analysis 
of  existing  training  systems which  may  promote the establishment of  new  teaching  methodologies  better 
adapted  to the requirements of the  sector. 
In specific terms, the project will be run in the form of a number of seminars which will tackle tfie  various 
aspects of the problem. A joint publication will mark the end of this initiative, the results of which will also 
be published in bulletins, reviews and seminars in the countries taking part. Coordinated by a Swedish body, 
the project  has brought together  partners in Denmark, the Netherlands and the United  Kingdom. 

The programme  "Youth for  Europe" 

Allocated  a  budget  of  105  MioECU,  for  the  period  1995-1999,  this  programme  aims  to 
promote the  development  of  exchanges between young people  and  initiatives  for  the  young. 
In  a  general  manner  cultural  themes  are  a  source  of  predilection  for  communication  and 
exchanges  amongst  young  people.  Art  can  become  a  catalyst  of  energy,  an  awareness  tool, 
and  help  in  the  development  and  insertion  into  society.  "Youth  for  Europe"  has,  with  this 
perpespective  in  mind,  supported  several  initiatives  such as : 

Graffitt  : project  involving the organizationof exchanges and meetings, as well  as exhibitions  on  graffittis 

and the publication  of certain works (hip hop culture ...). 

Music for Youth : the development of recording studios and the exchange of recordings between the youngs 

of Europe. 

Action  to promote  regional  or  minority  languages  and cultures 

In accordance  with the wishes of the EP, the Commission has, since  1983, managed an action 
to promote  and  safeguard  regional  or minority  languages and cultures. The  1996 budget  is 4 
million  ECUs. 

The  action  aim's  principally  to  encourage  the  development  of  initiatives  in  the  fields  of 
education,  culture and information  and to stimulate cooperation between all those working  to 
preserve and promote  such languages and  cultures, to improve information  exchange  and the 
transfer of experience, to systematise, improve or promote the teaching of regional or minority 
languages  throughout  the  educational  system,  from  kindergarten  to  adult  training. 

The  projects  which  have  been  approved  cover  a  vast  range  of  educational  and  cultural 
activities,  such  as  the  teaching  of  these  languages  at  all  levels,  teacher  and  adult  training, 
publications  for  children  and  adults,  standardisation  of  language  and  work  on  terminology, 
conferences  and  seminars, cultural  events, video  film  production,  radio  and  TV  broadcasts. 

Example  1  - Languages of Europe 

part  II  - page  21 

52 

Launched  in  1994 by the TIDOC group  in Barcelona, this project  has made  it possible to set  up a  graphic 
database  of  languages  spoken  in  Europe. The  data,  in  Catalan,  English  and  French,  and  on  disk,  are  an 
interesting multilingual teaching aid  in the form of a game for children aged  from  10 to  15. 

Example 2 - Celtic Film  Festival 
The "International Celtic Film Festival" is a very important cultural event for the languages and cultures of 
Scotland,  Brittany, Ireland, Wales and  Cornwall. The  16th event took place  in Fort William  (April  1995) 
with  the  participation  of film  and television  producers and  representiatives from  professional  associations 
in the  field.  The festival  also included  colloquia,  seminars and prizes awarded  for the best  films. 

Example 3 - Maritxu Berritsu 
Radio programme for Basque-speaking children in France and Spain. Broadcast last one hour each day and 
are prepared in collaboration with primary-school teachers and pupils to help children develop their ability 
to communicate  in Basque. 

part  II  -  page  22 

5-f 

CHAPTER III : CULTURE AND ADVANCED TECHNOLOGIES 

This  chapter  examines  the  different  Community  programmes  that  present  an  interaction 
between the sectors of advanced communication technologies and information  market and that 
of  culture.  Some  examples  of  pilot  projects  or  major  initiatives  which  apply  advanced 
technologies  to the cultural  sector  are  then  highlighted.  Where possible, examples  related  to 
the  museums  field  have  been  selected,  in order  to  demonstrate  what  is done  in  only  one  of 
the  many  fields  within  the  cultural  sector.  Furthermore,  because  museums  and  galleries 
collections  are  a  privileged  field  for  the  application  of  the  multi-media  resources,  and  they 
provide  a good  illustration  of the benefits  that  can result from  the  integration  of the  cultural 
dimension  into  advanced  technologies  projects.  At  the  same  time,  museums  consider  that 
information  and  communication 
tool  to  foster 
cooperation  among  them  and  the  possibility  of  using  advanced  technologies  for  better 
fulfilling  their  specific  missions. 

technologies  provide  an  unparalleled 

I. 

INFORMATION  AND  COMMUNICATION  ADVANCED  TECHNOLOGIES 

The Research and Development  and Advanced  Technologies  sector is one of the major  areas 
of the Union's activities and expenditure. Its objective  is to strengthen the technological  bases 
of  European  industry  and  to  favour  the  development  of  its  international  competitiveness. 
These  activities  are  led  within  the  Fourth  Framework  Programme  (12,700  MECU  budget 
covering  the  period  1994-1998),  which  gives  strong  consideration  to  coherence  between 
research and technological development  (RTD) policy and economic and social cohesion. The 
main  thrust  is  the  use  of  science  and  technology  to  strengthen  the  competitive  position  of 
European  industry,  and  to  improve  the  quality  of  life  in Europe. 

RTD policy  is of  major  importance  to  the cultural  sector, notably  concerning  the  support  to 
areas such as museums and libraries. The introduction of advanced technologies to the cultural 
sector is vital  for  future  development  in the dissemination and application of information  and 
communication  technologies.  The following  programmes  stimulate and  support research  and 
development  in  the  cultural  sector,  as  well  as  promoting  greater  cooperation  between 
European  cultural  organisations. 

1. 

Communication  Technologies  and  Culture 

Dealing  with  the  integration  of  communications,  the  RACE  (Research  and  Development  in 
Advanced  Communications  Technologies  in  Europe)  Programme  was  carried  out  in  two 
phases: RACE  I  (1988-1992)  and  RACE  II  (1992-1995),  with  a total  Community  financial 
contribution  of  1.103  MECU  (representing  less than  50% of  the  overall  effort  estimated  at 
2.500  MECU).  The  objective  was  to  develop  the  conditions  which  will  make  it  possible  to 
Europeans  a variety  of services  in telecommunications  of better  quality  and  least cost  and  to 
endow  Europe  with  a strong  and  competitive  telecommunication  sector  on  a world  level. 

With  regard  to  the  application  of  advanced  telecommunications  in  the  cultural  field  in  the 
RACE programmes, and  in particular  to the movable cultural heritage, two projects  that  took 

part  II  - page  23 

54 

place  with  the  support  of  these programmes  can  be  highlighted. 

(1)  Within  RACE  I:  the  EMN  (European  Museums  Network)  project  which, 
concentrated  on  data-base  aspects, developed  a full  digital  multi-media  alpha-system 
following  the client-server  concept.  It was installed in 8 museums and their  staff  built 
a common  multi-media  data  pool  of  800 museum  objects,  each  of  them  representing 
a  multi-media  data-document  including  a  great  number  of  related  multi-media 
documents. One application  was an authoring  tool allowing  the museum  staff  to  edit 
and  compose  their  own  multi-media  documents.  The  second  application  was  a 
presentation  system  for  lay  museum  visitors  which  allows  them  to  navigate  from 
objects which are led by keywords representing the visitors individual associations and 
impressions.  This  project  was  developed  between  1989  and  1992  and  received  total 
Community  contribution  of  5 MECU. 

(2)  Within  RACE  II:  the  RAMA  (Remote  Access  to  Museum  Archives)  project, 
developed  between  1992-1995  and  supported  with  a Community  contribution  of  8.6 
MECU,  aimed  at  facilitating  a  far  reaching  use of  databases  and  banks  of  images  to 
be  accessible  to  museums,  which  will  be  inter-connected  with  this  system,  and 
offering  pilot  remote  broadband  access  services  using  museum  archives  as  sources. 
RAMA enables  European  museums to  organise their  archives electronically,  to  offer 
new multi-media presentation facilities for their own (and other museums) exhibits and 
to  make  this  information  available  remotely.  The  expected  impact  of  the  RAMA 
project  is the  building  of a museum network  that  is allows remote  access to  museum 
archives  for  use  by  researchers, publishers,  schools and  scientists at the  international 
level.  Artwork  selection  will  thus  be  done  electronically  to  an  increased  amount  of 
museum-multi-media  information. 

At  present,  the  RACE  Programmes  have  been  superseded  by  the  ACTS  (Advanced 
Communications  Technologies  and  Services)  Programme,  which  benefits  of  a  budgetary 
allocation  of  671  MECU  for  the  period  1995-1999.  ACTS  represents  the  European  Union's 
significant  effort  to support precompetitive  Research and Technological  Development  (RTD) 
in  the  field  of  telecommunications  in  the  Fourth  Framework  Programme  of  research  and 
development (1994-1998). The implementation  of the ACTS Programme is a vital step in the 
development  of  an  Information  Society  in  Europe. 

Advances  in  telecommunications  are  now  one  of  the  major  driving  forces  of  change. 
Telecommunications  is  important  as  an  industry  sector  in  itself  but  also  as  an  essential 
infrastructure  for  other  services, including culture. For telecommunications to achieve its  full 
potential  there  is  a  need  to  provide  a  stable  and  predictable  framework  in which  the  many 
(and  sometimes  competing)  sector  actors  can  assume their  roles  in  a constructive  and  non-
controversial  manner.  In  addition  to  the  communications  operators,  service  providers  and 
equipment industry, the content owners, the users and their applications are significant  players 
infrastructure  and  services.  The 
in 
communications  system  is evolving  from  a mere passive conduit  of data to being an  integral 
part  of  an  intelligent  and  active  process  of  adding  value  to  information,  which  implies  a 
significant  qualitative  change. 

the  development  of 

telecommunications 

the 

part  II  - page  24 

55 

However, telecommunications  developments  are not just  of economic  importance.  There  are 
cultural  and  social  implications  to  be  taken  into  consideration.  Communications  technology 
has to mature from  concentrating  on quantitative improvements (more bits for  less money) to 
supporting  qualitative  improvements  (quality  of  communication)  and  improved  relevance 
(communicating  with  the  right  partner  or  obtaining  the  relevant  and  correct  service  or 
information). 

One of the  benefits  of  the  Information  Society  will  be easier  access to  cultural  information, 
in particular  multi-media  data  of human  cultural  achievements. A stronger  co-operation  will 
be needed to accelerate the digitisation  of cultural  heritage and to develop coherent  technical 
and organisational  systems for storage and access. Full inter-operability of the diverse systems 
for  access  presently  in  use  by  different  people  and  in  different  places  will  not  be  easy  to 
achieve. Co-operation will influence the development of consensus on protection of intellectual 
property,  author's  rights  and  the  management  and  preservation  of  cultural  and  linguistic 
diversity. 

The  objective  is  to  maximise  the  benefit  of  integration,  of  new  developments, 
establishing  a concertation mechanism  and building synergy's with other related domains and 
services  with  cross-sector  interaction  as  a major  focus  point. 

The main  goal  now  is to  establish  the  necessary  guidelines  and  determine  the  priorities  and 
actions to  ensure: 

(1)  Targets  for  digitisation  of  information  on collections,  multi-media; 
(2)  Targets  for  interpretation  of  multi-media  communications  and  access  systems; 
(3)  Targets  for  compilations/digitisation  of  records  of  the  heritage  of  fragile  and 
endangered  minorities: 
(4)  Targets  for  accessibility  in  libraries,  schools, universities  and public  services; 
(5) Targets  for  interaction  with  this multi-media  data. 
(6)  Targets  for  guidelines  IPR,  copyrights, billing, etc. 

2. 

Telematics  applications  and culture 

The telematics Applications Programme  (TAP) is one of the Information  and  Communication 
Technologies (ICT) Specific  Programmes  of the Fourth Framework Programme (1994-1998). 
In this  context,  the  aim  of  the  action  developed  in the Information  Engineering  Sector  is  to 
permit  easier  and  more  selective  access  and  better  usability  of  information  in  all  its  forms 
through  the  application  of  telematics  based  methods  and  systems,  focusing  on  information 
content.  It  thus  targets  case  of  access,  usability,  and  multi-media  content.  This  new  budget 
area  disposes  of  a  current  budget  of  37  MECU  out  of  the  c.  900  MECU  of  the  total  TAP 
budget  for  the  above  mentioned  period. 

The  key  priorities  under  the  present  action  are the  following: 

focus  on  meeting  user  requirements  (user-centred  design,  user  requirements,  and 
user  involvement  in the  design  process); 
cost-effect  integration  into  user-friendly  systems  of  tools  and  methods  used  at 
different  stages  in  the  information  chain; 
improving  the  value  and  usability  of  information  (design  of  form  and  content, 

part  II  - page  25 

56 

finding  information,  using  it  in the  users  local  environment); 
management  of  multi-media  information  (focus  on  repositories  of  not-textual 
information). 

This action  is founded  on a commercial  view of the world  and  is demand  driven  rather  than 
technology  driven,  the  approach  involves  pilot  applications  which  integrate  the  three  main 
links  in  the  information  chain  (electronic  publishing,  focused  on  creators  and  creativity; 
information  dissemination,  focused  on  distribution  and  market  facilitation;  and  information 
retrieval,  focused  on  users  and  usability),  which  identify  a  series  of  well  defined  research 
tasks, and  which  involve  real-life  trails  with  significant  number  of users who are  implicated 
through  the  development  process. 

Under  these  conditions,  the  development  of  a  project  with  a  clear  cultural 
dimension  is  being  co-financed:  AQUARELLE  -  Sharing  Cultural  Heritage 
through  Multi-media  Telematics. 

The  objective  of  this  project,  due  to  commence  early  in  1996, is to  demonstrate 
a  distributed  multi-media  information  system,  offering  access  to  inter-related 
reference  multi-media  documents,  standardised  notices, still  and moving  images, 
describing  the  cultural  heritage:  paintings,  sculptures,  monuments,  musical 
instruments,  historical  furniture,  etc. All the information  bases, managed  and  fed 
by  local  entities  and  national  authorities  in charge of digitising  and  indexing  the 
cultural  heritage,  and  by  private  agencies  and publishers,  will  be  connected  in  a 
consistent  and  inter-operable  network, thus offering  the user a transparent  access 
and  a global  vision  of  the  European  heritage. 

The primary users of the target system are professionals: museum curators, researchers, 
public  administrators  in  charge  of  indexing,  archiving,  and  security  of  the  cultural 
heritage,  commercial  publishers  creating  art  information  products  (e.g.:  books,  CDs, 
virtual  exhibitions),  art  historians,  fine  art  companies  and  exhibition  organisers. 

The  project  aims  at  providing  to  these  users  world-wide  distribution  of  information 
with multi-lingual support, secured access and IPR protection, advanced authoring tools 
to  create  hypermedia  "folders"  linking  relevant  information  assets,  and  powerful 
facilities  for  on-line  resource  discovery. 

The  success  of  this  project  will  depend  on the  ability  to  master  the  right  interaction 
between  the  many  sectors  actors  and  partners  within  the  consortium  involved  in  the 
project: 
research  organisations,  cultural 
organisations  and  associations,  publishers  and  private  asset-holders,  usability 
evaluation  specialists,  and  project  management  and  coordination  organisation. 

technology  companies, 

information 

With  regard  to  the  Administrations  Sector,  in the  Telematics  Applications  Programme,  this 
action calls for the fostering  of co-operation between community and non-profit  organisations 
across borders, to facilitate  the cultural policies of the EU and facilitate  better integration  into 
the  coordination,  planning  and  implementation  process,  and  to  address  the  need  for  a 
mechanism for European cultural and tourism opportunities to be made available to individual 
citizens. 

part  II  - page  26 

In  this  area,  the  cultural  field  and,  in  particular,  the  museum  sector  is  of  special  interest. 
European  museums  and  galleries  are  world  leaders  in  the  cultural  field.  Over  15,000  in 
numbers,  they  are  visited  by  over  500  million  people  each  year  including  many  from  other 
parts  of  Europe  as  well  as  numerous  overseas  visitors,  thus  making  an  important  economic 
contribution  as well  as  their  cultural  role,  both  directly  and  via  educators  and  writers. 

However,  much  of  their  collections  cannot  be  shown  due  to  lack  of  space  and  resources. 
Moreover,  many  more people  could  benefit  from  more widespread  access including  those  in 
remote areas as well as severely disabled people and those who regard museums and galleries 
as  "not  for  them". 

The  opportunities  for  these  institutions  to  be  a  major  resource  in  the  coming  Information 
Society are becoming increasingly well recognised. Also, this provides an opportunity for them 
to  secure  additional  sources  of  revenue  to  replace  reducing  governmental  support  and  a 
number  of  EC  and  international  projects  have  already  been  launched  but  are  threatened  by 
well-funded,  aggressive  US  projects. 

Among 
Administrations  Sector,  is worthwhile  mentioning. 

the  MAGNETS  project,  supported 

these, 

in  the  framework  of  the  TAP, 

The MAGNETS  (Museums & Galleries New Technology  Study, formally  RJNASCIMENTO 
& EMMA) project  aims to provide an in-depth  study concerning: user requirements,  selected 
critical  market  and technology  issues on an international  survey of the needs and  experiences 
of  museums.  The  results  will  facilitate  future  EC  projects  and  'visions'  for  museums  and 
galleries  en  route  to  the  Information  Society. 

This study will contribute to an improved  basis for a cultural  systems programme and  project 
planning  and  control  at European,  national  and regional  levels across Europe. It will  provide 
a clear  synthesis  of what their  needs  and  requirements  are, of what  is possible  and  available, 
a  panorama  of  existing  solutions  and  perspectives.  And  it  will  contribute  to  a  better 
understanding of what is involved in the dissemination of information  on museums collections 
and  the  access  to  already  available  information  on the  cultural  heritage. 

With  particular  attention  to  the  visual  arts,  archaeology  and  history  fields  it  can  serve  as 
inspiration  to  other  fields.  The  results  should  also  be  of  direct  benefit  to  a  wide  range  of 
museums  and  galleries  as  well  as the  responsible  Public  Administrations. 

The MAGNETS  project  will  be carried  out  by  a leading  French  Association  of 40  museums 
with an image database on the 20th century of 100,000 art objects, VIDEOMUSEUM, together 
with a 'Cultural SME' itself product of one of the EC's first cultural systems projects, VASARI 
Enterprises.  The  estimated  cost  of  this  project  is  2.5  MECU. 

Moreover,  the  Telematics  Applications  Programmes  deals  with  R&D  in  its  libraries  sector, 
aiming  at  facilitating  access  to  the  wealth  of  knowledge  held  in  libraries  throughout  the 
European Union. Topics covered include networking, cataloguing, resource discovery, imaging, 
multimedia,  distance  learning,  standards  and  copyright. 

part  II  - page  27 

58 

Following  some  preparatory  actions  (1986-1990)  with  a  budget  of  5  MECU,  the  Libraries 
Programme  started  within  the  Third  Framework  Programme  (1990-1994)  with  a  budgetary 
allocation of 25 MECU.  Partnerships have been fostered  between  libraries  (60%) and  SMEs, 
research  institutes  and  universities  (30%).  Encouraging  project  results  are  emerging  in  the 
areas  of  networking  technology,  image  systems  and  hypertext,  and  the  creation  of  machine-
readable  catalogues.  Prototypes  for  new  library  services  are  being  developed,  such  as  those 
for  sound  and  image  archives. 

Within  the  Fourth  Framework  Programme  (1994-1998),  with  a  budget  of  30  MECU, 
Telematics  for  Libraries  is  more  clearly  focused  on  networking.  The  workplan  develops  an 
extension  to  the  rest  of  the  networked  information  universe,  in  which  libraries  can  act  as 
intermediaries  to knowledge  discovery.  The centrepiece  is the integration  of previous  results 
into  coherent  interconnected  and  open  services. 

Libraries  are  cultural  institutions  that,  as  they  develop  the  networked  access  and  delivery 
services,  which  underpin  the  programme,  their  historical  and  cultural  materials  will 
increasingly  be  integrated  into  their  electronic  services.  A  number  of  the  projects  selected 
address  culturally  relevant  materials  in  the  domains  of  fine  arts,  art  history,  historical 
manuscripts  and historical  bibliography  (foe  example projects  such as, VAN  EYCK, ELISE, 
HISTORIA,  BAMBI,  INCIPIT,  etc). 

implementing  the  TASK  FORCE  "educational  software  and 
Within  the  framework  of 
multimedia",  certain  programmes,  especially  the  "Telematics  Aplications  Programmes",  see 
an  increase  in  the  reinforcement  of  their  activities  in the  cultural  field. 

3. 

Information  Technologies  and Culture 

In  the  Second  (1987-1990)  and  Third  (1.532  MECU  budget  for  1990-1994)  Framework 
Programmes,  the  ESPRIT  (European  Specific  Programme  for  Research  and  Development  in 
Information Technologies) Programmes followed a technology-push policy aimed at a growing 
Information  Technology  industry. ESPRIT cultural related projects accounted for  19.6 MECU 
for  the  period  1987-1994. 

The  new  focus  of  Information  Technology  RTD  under  the  Fourth  Framework  Programme 
(budget  of  2.035  MECU  for  the  period  1994-1998,  of  which  8.5  MECU  represent  the 
community  funding  as  at  15  January  1996  for  cultural  related  projects)  is  the  emerging 
information  infrastructure,  which  will  provide  the  basis  of the  global  information  society  of 
the future.  The programme  is in consequence  to a greater extent led by the needs of users and 
the market, and will imply a greater concern for cultural related projects. The overall  objective 
is to  contribute  to  the  healthy  growth  of  the  information  infrastructure  so  as to  improve  the 
competitiveness  of  all  industry  in  Europe,  not just  the  IT  industry,  and  to  help  enhance  the 
quality  of  life. 

The programme  emphasises  easier  of  access to  information,  to  services  and  technologies  for 
companies,  administrations,  and  individual  citizens.  Activities  stress  use  and  usability  of 
technologies,  and  best  practice. 

part  II  - page  28 

5: 

A  number  of  information  technologies  are  relevant  to  cultural  actors  such  as  museums, 
galleries  and  audiovisual  creators.  As  an  example,  the  design  of  cultural  packages  can  take 
advantage  of  advanced  techniques  such  as  flat  panel  displays, virtual  reality  and  simulation 
which  are now available  with  execution  times that  allow interactivity  with the designer.  The 
cost  for  running  these  applications  are  becoming  acceptable  even  to  small  and  medium 
enterprises. 

ESPRIT includes a number of tasks where pilot projects can be started. Museums and galleries 
are encouraged  to participate  to develop applications  which are relevant to them. As  regards 
multi-media techniques, there is a particular concern with issues such as "intellectual  property 
ownership". Attempts toward the development  of a consensus on standards has resulted  in an 
increased  coordination  among  the  different  actors  involved.  In the  same  way,  museums  and 
galleries  as well  as other  cultural  actors  are encouraged  to bring their  contribution. 

The  following  examples  are projects  developed  in this context  and  supported  by 
ESPRIT  programmes: 

VASARI  (Visual  Arts  Systems  for  Archiving  and  Retrieval  of  Images).  This 
project,  that  was  led  by  Brameur  (UK)  between  1989  and  1992,  had  as  main 
objective to develop a very high definition, accurate colour, acquisition system and 
associated imaging software  for paintings in the museums. It clearly  demonstrated 
the  feasibility  and  the  benefits  of  high  resolution  and  high  quality  digital  image 
processing  techniques  for the visual arts image. (EC funding  of 2.1 MECU for  an 
overall  budget  of  3.66  MECU.) 

MARC  (Methodology  for  Arts  Reproduction  in  Colour).  Led  by  Thomson  (F) 
between  1992 and  1995, this project  aimed at developing an integrated  system  for 
digital  acquisition,  the  storage  and  the  handling  of  colourimetric  high  definition 
images  of  painting  for  publishing  purposes.  The project  was  driven  by  the  need 
for  maintaining  public  awareness  of  art  images  as  well  as  by  business 
opportunities  appertaining  to  the  printing  of  art  images.  High  quality  catalogues 
showing paintings of different  European museums will be produced from paintings 
acquired  and  handled  through  digital  approach.  MARC  makes  use  of  experience 
gained  in  VASARI  and  is,  in  effect,  an  extension  of  VASARI  to the  publishing 
world.  (EC  funding  of  2.08  MECU  for  an  overall  budget  of  5.232  MECU.) 

MUSA (Use of Multi-media  for Protecting Europe's Cultural Heritage). Using the 
results  developed  in  ESPRIT  in  the  area  of  digital  imaging  and  multi-media 
technology,  the  aim  of  MUSA  (1992-1994)  was  to  provide  the  multi-media 
publishing industry with direct access to high quality images and data about visual 
arts  from  museums,  including  the  visualisation  of  3-D  models  of  reconstructed 
objects; and give museums new means (including new sources of revenue) for the 
conservation and dissemination  of works of art. MUSA gives museums the means 
to provide publishers an electronic catalogue containing images and texts, with the 
text formatted  into records describing paintings or other works of art. (EC  funding 
1.4  MECU  for  an  overall  budget  of  2.5  MECU.) 

3D - MSC (Multi-media Support  Centre) - A multi-media  support centre that will 

part  II  - page  29 

60 

provide  in  3D  (three  dimension)  scanning  technologies  to  museums  and  other 
institutions.  This  two-year  project  is  still  under  negotiation  following  the  third 
ESPRIT  call. 

All  these  are  examples  where  museums  have  the  opportunity  to  draw  upon  and 
utilise  new technology  for  their  own use. 

IL 

CONTENT INDUSTRY  AND  INFORMATION  MARKET 

Information and communication advanced technologies provide unparalleled tools to foster co 
operation  amongst  cultural  organisations.  At  the  same  time,  cultural  content  owners  have  a 
major  part  to  play  in  the  services  and  products  to  be  provided  in  the  Information  Society. 
Increasingly  their  wealth  of riches  are  being  sought  after  to provide  on-line  'content'  for  the 
emerging  'information  super-highways'  or  off-line  'content'  for  the  'electronic  information 
market' to  both  improve  quality  of  life  and  generate  revenues. 

1. 

Telecommunication Networks  and Culture 

The  implementation  of  the  trans-European  networks,  and  in  particular  telecommunication 
networks, will open the European  market  to the new applications  and  services which  are  the 
ground  upon which the  Information  Society  should  develop. They  are an essential  condition 
not only for the establishment of the Information  Society in Europe and in the world, but also 
for  the  operation  of the  Single  Market,  the  realisation  of the  objectives  of  safeguarding  and 
promoting  Europe's  future  prosperity  and  creating  new jobs,  as  well  as the  strengthening  of 
the economic and social cohesion in the Union. The Community budgetary forecast  for trans-
European  telecommunication  networks  is 30 MECU  in  1996, 35 MECU  in  1997, 77  MECU 
in  1998 and  114 MECU  in  1999. 

Application  projects  of  common  interest  have  been  identified  in  10  specific 
domains  of  the  trans-European  telecommunication  networks  for  a  call  for  proposals  to  be 
launched  in  March  1996.  Each  project  is  proposed  by  a  consortium  of  sector  actors  and 
interested parties who intends to deploy an application, primarily of collective interest. Among 
them,  one  is devoted  to  the  trans-European  access to  Europe's  cultural  heritage. 

Trans-European  access  to  Europe's  cultural  heritage 

Network  access  to  museum  and  galleries  offers  both  easier  access  to  Europe's 
heritage  and new revenue  for  its preservation  and display  from  access and  re-use 
fees. Europe's museums and galleries hold the richest collection of objects  and art 
anywhere  in  the  world,  but  much  is  not  accessible  to  scholars  and  the  public 
because  of  lack  of  space  and  resources.  The  development  of  a  trans-European 
framework  for  electronic  network  access  is  therefore  of  enormous  cultural  and 
commercial  importance. 

part  II  - page  30 

61 

The objective  of this project  is to establish a technical, operation and  commercial 
basis for  trans-European  electronic  access to  Europe's  cultural  heritage. 

Initial  feasibility  assessments will be expected  to address technical  feasibility;  the 
compatibility of a framework  with the public mission of participating galleries and 
museums; the  interests and  requirements  of  schools, universities  and the  general 
public; and the viability  of  market  management  and  structures for  collection  and 
re-distribution  of  access  fees  to  museums  and  galleries. 

The  feasibility  assessments will  be  expected  to  be  completed  within  1 year,  and 
to  be followed  by  pilot  implementation  in most European  Union  Member  States 
within  the  2nd  year,  for  further  market  deployment. 

The  participating  organisations  will  be  expected  to  develop  guidelines  for  good 
practice  in electronic  access  to  cultural  heritage. 

2. 

Information  Market  and  Culture 

The  Commission  has  carried  out  a  number  of  initiatives  to  improve  the  accessibility  of 
information  at the European level, in particular, through the IMPACT (Information  Marketing 
Policy Actions) Programme, concerning the creation of an internal market on the  information 
services  and  the  strengthening  of  the  competitiveness  of  the  European  information  service 
industry. It encourages publishers and  other  actors to enter the electronic information  market 
to produce information  products (educational  and entertainment  oriented) on the  exploitation 
and  protection  of  the  European  cultural  heritage  and  culture  in  general  to  a  wide  public 
including  schools. 

The  cultural  objective  is to provide  pan-European  information  and  services to help  ensure a 
strong  European  activity  in the  digital  exploitation  of public  sector  owned  cultural  assets  in 
order to expand popular interest and the market for cultural goods. Narrow collaboration  with 
asset holders  (such  as museums, etc.), publishers  and  multi-media  producers  is  required. 

Concerned  with  promoting  cultural  issues  into  the  information  market,  the  first  IMPACT 
Programme,  with  a  budget  of  36  MECU  for  the  period  1989-1990,  co-financed  the 
development  of  a project  with  a  specific  cultural  dimension: 

The NARCISSE (Network  of Art Research Computer Images Systems in Europe) 
project  that produced  a high resolution  image bank of reference  documents  of art 
treasures of  Europe's  museums.  It was  led  by  the Laboratoire  des Recherche  des 
Musées de  France  (F). 

Building  on  the  experience  gained  from  NARCISSE,  IMPACT  2 (with  a 64  MECU  budget 
for  the  1991-1995  period)  has  supported  the  development  of  22  projects  to  establish 
Interactive  Multi-media  Information  Systems  for  the  production  of  DC-ROMs and  CD-Is. 

Out  of these 22 interactive  multi-media  projects,  nine  (with  a budget  of nearly  2 
MECU) relate to  culture  and  the arts, having  a considerable effect  on the  raising 
awareness  of  cultural  heritage  and  contemporary  heritage.  Among  them,  we  can 

part  II  - page  31 

62 

highlight  the  following: 

Via Lucis  - Museums for  Community:  Via Lucis is a CD-I  which  introduces  the 
spectacular  world  of  the  baroque  through  a  rich  collection  of  still  and  moving 
images,  and  scholarly  resources. 

Museum  of  London  -  Journeys  through  19th Century  London:  CD-ROM  draws 
on  the  extensive  collections  of  the  Museum  of  London  to  combine  over  1,000 
images with original  audio  recordings  and some of the first moving  footage  ever 
filmed. 

The  Genesis  of  European  Art  -  the  Flemish  Contribution:  This  CD-ROM  looks 
primarily  at paintings and  drawings by Flemish artists between the  14th and  17th 
centuries, and  the  influence  of  their  work  on Europe's  artistic  heritage. 

The  Gothic  Cathedrals  of  Europe:  This  is the first title  in  a project  series  called 
'Monumenta',  of  electronic  publications  which  explore  Europe's  architectural 
heritage.  With  moving  footage  and  photographs,  users  can  study  architectural 
detail  of  35  cathedrals. 

All the above projects  developed hard and software  for new multi-media products, which can 
be  used  not  only  to  raise  the  awareness  of  the  public,  but  also  as  educational  and  training 
tools  for  the  general  or  a specialised  public. 

Currently,  INFO  2000,  which  supersedes  the  IMPACT  Programmes,  is  a  Community 
programme proposed by the Commission which aims at stimulating the development  and use 
of  multi-media  information  content.  With  a  proposed  budget  of  65  MÈCU  for  the  period 
1996-1999,  its  objective  is  to  encourage  Europe's  content  providers  to  develop  new  multi 
media  products  and  services  and  to  stimulate  user  demand  for  these  products  and  services. 
The importance of multi-media content has been recognised in a number of fora. In particular, 
the Industry  Council of 6/7 November  1995 invited the Commission to pursue initiatives that 
contribute  to  the  advancement  of  the  information  content  industry  in  view  of  the  need  to 
dispense  content  and  services  to  the  whole  of  industry. 

The  central  theme  of  INFO  2000  is  the  development  of  a  European  information  content 
industry  capable  of  competing  on  a  global  scale  and  able  to  satisfy  the  needs  of  Europe's 
enterprises and citizens for information  content leading, on the one hand, to economic growth, 
competitiveness  and  employment,  and,  on  the  other  hand,  to  individual  professional,  social 
and  cultural  development. 

In  the  Cultural  Heritage  area  the  aim  is  to  stimulate  the  economic  exploitation  of  Europe's 
cultural  heritage  through  the  implementation  of  new  multi-media  information  services. 
Projects  will  create  new  multi-media  information  content  and  make  it  accessible  on-line  or 
off-line. 

Services  developed  should  utilise  a  delivery  mechanism  that  is  widely  available  and 
appropriate  to the purpose. They  must  also exhibit  a high quality  of data content  in order  to 
fully  validate  the  technology  application  being  demonstrated. 

part  II  - page  32 

63 

The projects  should  aim at developing  innovative  products  of an educational  or  edutainment 
nature  which  increase  understanding  of  cultural  assets.  They  should  also  contribute  to  the 
establishment  of  a  European  information  multi-media  content  industry,  for  example  by 
information  service  development,  networking 
demonstrating  advances  in  multi-media 
experience, using communications  networks. In particular, projects  are sought that  share and 
make  available  digitised  data  resources  that  can  be  re-used  by  the  electronic  publishing 
industry  for  the  development  of  value-added  products  and  services. 

CONCLUSIONS 

The  place  of  culture  within  the  advanced  technologies  environment  is  still  limited  but 
increasing  and  above  all  promising.  This  is  clearly  a  developing  field  where  technological 
development  (the  container)  is  ready  for  incorporating  a  cultural  dimension  (the  content), 
since  culture  is a privileged  field  for  the  application  of  advanced  technologies. 

The  next  step  is  to  enable  cultural  organisations  to  use  information  and  communication 
technologies  to  fulfil  their  specific  missions. For  that,  their  active  involvement  is  crucial  to 
undertaking  the  challenge  that  is  needed,  for  instance, to  convert  our  cultural  heritage  into 
electronic form.  There is a concern to accelerate this development because the challenges are 
not  only  European  but  also  internationals,  such  as  the  Pilot  Project  on  Multi-media  Access 
to  World  Cultural  Heritage  of  the  G7  Conference  of  February  1995  on  the  Information 
Society,  coordinated  by  the  Italian  and  French  Ministries of  Culture. 

The  pressing need  to  collaborate  together  is growing  because the cultural  and  technological 
players,  being  of  different  nature,  have  approaches  and  needs  that  are  complementary.  The 
demands of the cultural actors ought to be integrated  at the beginning of the process, in order 
to develop applications that are adapted to the content and to address the appropriate  purposes 
to  the  users,  enhancing  coherence  in  favour  of  efficiency.  Otherwise,  there  is  a  risk  for  a 
dispersion  of  actions  with  duplication  and  gaps. 

This  cooperation  between  the  cultural  and  technological  sectors  can  already  be  seen  within 
the  Community's  policies;  where  a  synergy  has  been  developed  among  those  concerned, 
notably  with  the museums  field.  Acting  as a catalyser, the role of the Union  is to  create  the 
framework  where the cultural world  (content owners) can collaborate together with  industrial 
and commercial  interests (information  and hardware industries, as well as telecommunication 
operators  and  so  on).  Assuring  the  implication  of  all  the  players  concerned,  partnerships 
between private and public sectors are then easily envisaged. The main actors of these implied 
sectors well represented  are now able to jointly  put into perspective their action, specify  their 
goals to attain in the field  of museums and advanced technologies, and set up a clear  strategy. 
Integrating  all  the  previous  experiences  and  results,  the  main  objective  is  to  consolidate  a 
solid  base  at the  European  level  through  a coherent  approach. 

At  least  the  three  benefits  described  here  can  result  from  the  integration  of  the  cultural 
dimension  into  advanced  technologies  in  the  field  of  museums: 

part  II  - page  33 

64 

(a) 

(b) 

(c) 

The  museums  will  be  more  stimulated  to  cooperate  in  this  area  and  will 
therefore  accelerate  the  digitisation  of their  collections; 
The global value of the projects  will be increased by the balance  between 
high cultural  quality on the one hand and technological  quality  and socio 
economic  effects  on  the  other; 
The  expertise  and  creativity  of  the  museum  community  will  be  better 
employed  to  achieve the  goal  of giving the  Information  Society  a  visible 
cultural  dimension. 

The field of museums and galleries seems to be the most developed one in taking into account 
the cultural dimension in the advance technologies. However, important efforts  are also being 
made  in  the  field  of  libraries  and  archives.  Other  fields  in  the  cultural  sector,  with  a  non 
negligible  potential,  such as non-movable  heritage,  theatre, music and  dance, etc. are  still  to 
be  developed. 

part  II  - page  34 

65 

CHAPTER IV  : CULTURE  AND  OTHER  INTERNAL  POLICIES 

1  . Culture and environment 

In  1972, the Community  was  invited  for  the first time to implement,  without  delay, a 
common  policy  for  the protection  of the  environment  and  consumers.  The  following 
year, the first Environmental Action Programme was instituted, to be followed  by three 
other programmes.  In  1987, with the adoption  of the  Single European  Act  and,  more 
recently, with the Treaty on European Union (Title XVI, Article  130 r,  s, t), protection 
of the environment  has been recognised  as an integral  part  of Union policy  and  of  its 
objectives. 

The fifth Environmental  Action Programme, adopted in February  1993 for a period of 
eight  years, is entitled  "Towards  sustainable  development".  Its objective  is no  longer 
to  restrict  environmental  protection  with  corrective  actions,  but  to  reconcile  it  with 
necessary  economic  growth.  This  integrated  and  long-term  view  of  environmental 
problems  underlies  the  various  initiatives  currently  being  implemented  by  the 
Commission. 

The Financial Instrument for  the Environment  (LIFE) 

Since  1984, the  Community  has  had  at  its  disposal  a  series  of  financial  instruments 
enabling it to implement  its environmental  policy  (1984-91): Community  Actions  for 
the  Environment  -  Biotopes).  The  most  recent  of  these,  entitled  "The  Financial 
Instrument for the Environment" (LIFE), was adopted in May  1992 for an initial 3-year 
period  (1993-95),  with  a  global  budget  of  some  400  million  ECUs.  The  programme 
was  organised  to  cover  several  priority  fields,  the  two  principal  ones  being  the 
promotion  of  moderate  development  and  of  the  quality  of  the  environment  (LIFE-
Environment, representing  approximately  40% of available resources), and the protec 
tion of habitats and of nature (LIFE-Nature, totalling approximately 45% of resources). 

This  latter  field  has  seen  the  development  of  actions  for  financing  incentive  projects 
which are included under the implementation of Council Directive 92/43/EEC, relating 
to  the  conservation  of  natural  habitats,  fauna  and  wild  flora  (Habitats  Directive),  as 
well  as  Council  Directive  79/409/EEC,  on  the  conservation  of  wild  birds  (Birds 
Directive). 

LIFE-Nature,  relating  essentially 
to  the  safeguarding  of  natural  heritage  and 
biodiversity,  stems  from  an  understanding  of  culture  which  is  different  from  that 
adopted  by  this  report,  specified  by  Article  128 of the  Treaty. 

Environment and culture 

The  "Environment"  part  of  the  LIFE  instrument,  on the  other  hand,  finances  projects 
which  more  specifically  include  a  cultural  dimension,  and  includes  the  following 
priorities: 

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66 

-  actions  whose  aim  is  to  design  and  develop  models  for  integrating  the 
environment  into regional development and management and into  socio-economic 
activities.  This  priority  is  shared  between  rural  development  and  sustainable 
tourism; 

-  actions  for  improving  the  quality  of  the  environment  in  urban  areas,  both  in 
central  and  outlying  regions. 

Of  the  projects  receiving  support  within  the  context  of  rural  development,  there  are 
many which relate to the enhancement or the restoration of "historical" landscapes and 
which  acquire  their  cultural  dimension  owing  to  the  interaction  between  this  natural 
environment  and  its inhabitants,  as well  as to the tourism-related  opportunities  which 
they  play  a part  in  creating. 

By way  of example, mention  may be made of the production  and  improvement  of plant essential  oils 
from  the maquis, with a view to preserving the Mediterranean  landscape. The aim, here, is economic, 
ecological  and  tourism-based  (Sicily,  Italy). However,  this  is a  fairly  marginal  definition  of  culture 
compared  with  that which  this  report  is endeavouring  to determine  within  the various  policies. 

On the  other hand, under the terms  of the action  to promote  sustainable  tourism,  it is 
possible to identify  a number of projects whose cultural content is more directly linked 
to  the  field  defined  by  Article  128 of the  Treaty. 

The project entitled "Development and enhancement of the Carnac megalithic sites" (Brittany, France), 
launched  in July  1994  for  a period  of  54 months, aims to  rehabilitate  and  restore the  archaeological 
site and its natural environment. Intensive visiting of the site, which is concentrated over a short season 
and a small area, tends to wear away  the grassed  area, leading to leaching and progressive erosion of 
the  soil, accompanied  by  exposure  of the rocky  base, which threatens to  loosen the  standing stones. 
The  project  aims to  adapt  the  conditions  for  visits  by  combining  all  ecological,  heritage  and tourist 
constraints and data to form an integrated approach which can be reproduced  in other similar European 
cases. Out of a total of  15,164,634 ECUs, some  1.68% (254,614 ECUs) have been provided  by LIFE. 

The priority  area  devoted  to  improving  the  quality  of the environment  in urban  areas 
includes projects  aimed  at the sustainable  management  of access and of the quality  of 
the  environment  at  important  tourist  sites. 

The  project  entitled  "Public  access to the historic commercial  centre of Kos lower town"  (Greece)  is 
spread  over a period  of 20 months, beginning  in November  1995. Its aim is to improve the quality of 
the environment  in the centre of the town  and to  improve access and the movement of visitors  in the 
historic and commercial districts. Among the many measures (mostly of a town-planning nature) to be 
implemented  to achieve these objectives, we should  highlight development  of the environs of ancient 
monuments. LIFE  is supporting  the  project  to  the extent  of 232,439  ECUs out of a global  budget of 
826,960  ECUs  (28.11%). 

By taking the environment  into account  in the wide sense, both in terms of its  natural 
aspects  and  those  aspects transformed  by human, rural  or urban  action, together  with 
the very different  problems posed by these environments, LIFE-Environment possesses 
a  considerable  cultural  dimension.  It  can  contribute  directly,  as the  examples  quoted 
demonstrate,  to  the  management  and  sustainable  development  of  sites  which  may  be 
regarded as "cultural landcapes" (archaeological or historical, urban or vernacular sites, 
landscapes  marked  by  human  activity,  etc.). 

part  II  - page  36 

6 » r-

Cultural  aspects  of  LIFE-Environment 

Budgets  in thousands  of ECUs 

Member  State  or LIFE 
priority 

Total  cost  of 
projects  having  a 
cultural  aspect 

LIFE participation 
in  "cultural" 
projects 

%  of  "cultural" 
projects  m LIFE 
credits 

In the case  of  1992  and  1993, the participation of  LIFE in 
"cultural" projects  is an estimate 

LIFE 92 

LIFE  93 

A15 

A17 

TOTALS 

A15 

A17 

TOTALS 

LIFE 94 

Belgium 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Portugal 

United  Kingdom 

Other  countries 

A1S1 

A152 

TOTALS 

LIFE  95 

Belgium 

Germany 

Greece 

Spain 

France 

Italy 

Portugal 

United  Kingdom 

Other  countries 

AI7 

TOTALS 

2763 

2392 

5155 

5227 

3159 

8386 

513 

713 

1464 

1361 

2111 

680 

1015 

903 

1459 

0 

4715 

5504 

10219 

935 

290 

720 

1180 

915 

342 

80 

616 

0 

5078 

5078 

9 0% 

8 0% 

1 9% 

9 0% 

8 0% 

14  V. 

21  % 

1 0% 

3 3% 

2 9% 

3 0% 

2 6% 

1 6% 

5 2% 

21  % 

0% 

8 6% 

100% 

19  % 

2 6% 

4% 

2 2% 

25  % 

1 4% 

5% 

7% 

1 2% 

0% 

81  % 

11  % 

1202 

1445 

3230 

4271 

19112 

1507 

2305 

2049 

2932 

0 

11181 

26872 

38053 

2079 

579 

1813 

4840 

2226 

824 

212 

1871 

0 

14444 

14444 

TOTAL  92-95 

28838 

15  % 

part  II  - page  37  68 

A few  figures 

By  considering,  for  the  years  1994  and  1995, the  "sustainable  tourism"  priority  as  a 
whole  and  a  large  proportion  of  the  "rural  development"  and  "improvement  of  the 
quality of the environment in urban areas" priorities (search for the "cultural" character, 
according  to  the  project  titles),  it  is  possible  to  advance  a  tentative  estimate  of  the 
amount  of  LIFE-Environment  credits  used to  support  projects  with  a cultural  aspect. 
For  1994,  out  of  a  global  budget  of  53,085,000  ECUs,  the  participation  of  LIFE  in 
projects  of this type  is approximately  10,219,000  ECUs, i.e.  19%. For  1995, out  of a 
total amount of 48,147,000 ECUs, it represented some 5,078,000  ECUs, i.e.  11%. The 
1992 and  1993 figures  are the result of an extrapolation  for these years of percentages 
derived  from  an analysis  for  1994 and  1995. Thus, for  1992, an amount  of  5,155,000 
ECUs  was  committed  out  of  a  global  budget  of  27,038,000  ECUs  for  "cultural" 
projects, equivalent to  19%. In  1993, expenditure in this field  was 8,386,000  ECUs out 
of a budget of  58,517,000  ECUs, i.e.  14%. Consequently,  over the  1992-95 period,  it 
is  possible  to  estimate,  approximately,  that  the  percentage  of  credits  spent  on 
supporting  cultural-type  projects  is  15% of  the  global  LIFE-Environment  budget. 

The "Sustainable towns"project  and the 
balanced management of the urban  environment 

The "Sustainable towns" project,  launched by the Commission in  1993, is an  example 
of  the  cultural  approach  which  may  be  developed  under  the  terms  of  policies  to 
promote  the  environment.  Managed  by  a  group  of  urban-environment  experts  and 
supported  by  a  vast  network  of  representatives  from  the  Member  States,  urban  and 
local  administrations,  social  partners,  organisations  operating  in  the  environmental 
field,  bodies  specialising  in  urban  management,  and  the  Commission's  services,  this 
project's  aim  is to  promote  in-depth  consideration  of  the  sustainable  development  of 
European  urban  complexes  and,  in  the  long  term,  to  promote  the  achievement  of 
specific  projects  in this  field. 
The  result  of  initial  work  was  published,  in  1994,  in  a  report  entitled  "Sustainable 
towns",  an  update  of  which  is  expected  in  1996.  In  the  part  dealing  with  "Balanced 
planning  of  land  use",  a  chapter  is  devoted  to  the  safeguarding  of  cultural  heritage. 
This problem  is analysed  in the light of three priority factors: the quality of the  urban 
environment  as  reflected  in  the  cultural  and  natural  heritage  of  European  towns; 
tourism  and  leisure  activities; and the  impact  of the  latter  on cultural  heritage  and  on 
the  quality  of  the  urban  environment.  The  report  proposes  a  series  of  measures  to 
tackle  development  and  urban  improvement,  the restoration  of historic  buildings,  the 
aesthetic  quality  of  new  structures  and  their  integration  into  the  older  fabric,  etc. 

In  conclusion 

The activities implemented under environmental policy include a considerable  cultural 
component,  particularly  if  one  takes  into  account  the  environment  as  modified  by 
interaction  between  man  and  nature.  However,  it  should  be  pointed  out,  in  a  global 
view  of  the  environment,  that  the  various  dimensions  which  define  it  are  closely 
interlinked  and that the cultural  dimension  can be identified  and quantified  accurately 
only  with  difficulty.  Moreover,  the  line  dividing  the  cultural  and  natural  universe 

part  II  -  page  38 

6i» 

which  characterises  the  environment  remains  blurred  and  varies  greatly  according  to 
one's  point  of  view.  In  this  context,  the  more  specifically  ecological  meaning  of 
environment  (developed  by  LIFE-Nature)  has  not  been  considered  in  this  chapter 
although  it  represents  the most  significant  part  of  Community  action  in this  sphere. 
On  the  other  hand,  a  more  specifically  "cultural"  dimension  is  provided  by  those 
projects  involving  intervention  in  respect  of  architectural  heritage  which  is  regarded 
as a significant  component  of the environment, both urban and rural, and as an essen 
tial  element  in the  quality  of  life. 
Architectural heritage is more or less directly influenced  by human factors  (population 
density,  sociology,  economics  and  culture),  physical  factors  (traffic,  density, 
morphology,  materials, functions)  and  environmental  factors  (pollution,  conservation 
and  sustainable  management)  which  must  be  dealt  with  in a global  manner. 
Taking  these  problems  simultaneously  into  account  in  policies  to  promote  the 
environment,  R&DT, regional policy, tourism and culture will, by developing  already 
existing  or new synergies, enable  the Union to implement  an integrated  policy  which 
responds  to  the  current  imperatives  of  land  management  and  the  safeguarding  of  the 
cultural  heritage. 

2.  Tourism and culture 

The  direct  initiatives  implemented  by  the  Community  in the area  of tourism  are  covered  by 
Council Decision No. 92/421/EEC which stipulates that: "the Community's action is aimed at 
highlighting  the  importance  of  cultural  heritage  for  tourism  and  at  promoting  greater 
knowledge  of  the  cultures,  traditions  and  ways  of  life  of  Europeans".1  This  decision  thus 
expressly  emphasizes  the  close  link  between  tourism  and  culture  and,  more  particularly, 
tourism and cultural heritage. These two elements have, in effect,  become the two areas which 
complement  and  are  virtually  inseparable  from  a  vast  current  of  cultural  awareness  and 
redefinition.  At the same time, cultural tourism is, in terms of openness and exchange, a factor 
of  paramount  importance  for  the  development  of  the  idea  of  European  citizenship  and  has 
increasingly  important  economic  and  social  consequences  for  many  countries  in the  Union. 

According  to  the  principle  of  "subsidiarity"  which  governs  Community  action,  the 
development and management of tourism are, above all, within the jurisdiction of the Member 
States  which  have  the  opportunity  to  enhance  the  wealth  of  their  respective  cultures.  The 
Community's role in this respect is to give tourism-based  initiatives a European dimension  by 
supporting, in particular, the exchange of information, savoir-faire and good practices through 
transnational  projects. 

'For  an  analysis  of  all  Community  actions  relating  to 
tourism,  see  Document  COM  (96)  29  final,  of  5.2.96 

part  II  - page  39 

70 

The "multiannual  Community  action plan  in the 
field  of tourism " and cultural tourism 

Therefore,  the  Commission  developed  a  "multiannual  Community  action  plan  in the  field  of 
tourism", covering the period from  1993 to  1995, and allocated an overall budget of 18 million 
ECUs. A significant  number of projects  supported within this context are of a cultural nature, 
particularly: 

a) Support for initiatives aimed at drawing up new European, tourism-oriented  cultural routes, 
in collaboration  with the national, regional  and local authorities of the Member  States and  at 
publicising  them  in brochures and other publications  or multimedia tools. (Call for  proposals 
93/C  128/09  OJEC  C128  of  8/5/93,  p.7) 
b)  Incentives  to  and  aids  in  using  European  networks  which  permit  the  exchange  of 
experiences  between  tour  operators  and  cultural  institutions,  amongst  other  things  for  the 
enhancement  of heritage.  (Call  for  proposals  94/C  122/07  OJEC  C122  of 4/5/94,  p.9) 

-  "European  cities  of  art",  implemented  by  the  Federation  of  Tourism  Offices  of  European 
Cities (1994-95), aims to establish a European network of 31 cities of art and history  located 
in  11 countries  in  the  EU,  through  cooperation  between  tourism's  professional  and  cultural 
institutions, both  in the public  and private  sector.  Emphasis  will  be placed  on urban  tourism 
which  has  been  made  more  functional  and  attractive  through  the  development  of  tour 
"packages" and appropriate information  and marketing tools, particularly using computers and 
new technologies. 

- "European  cities within reach"  is a project  drawn up by the Royal National  Institute  for  the 
Blind  (1993/94/95) which  aims  to produce  publications  in  Braille  presenting  the heritage  of 
a number  of  European  cities to  a visually-handicapped  audience.  Specially  arranged  cultural 
circuits  will  also  be  developed,  or  extended  where these  already  exist. 

In  the  wake  of  the  1993  work  programme,  18 projects  were  achieved  in  1994,  these  being 
aimed at developing new cultural tourism routes. The Community's contribution was 1,200,000 
ECUs. 

For  1994,  out  of  a  total  of  21  tourism  projects  supported  by  the  Commission  and  achieved 
during  the  1994-95  period,  11 were  of  a  cultural  type.  Their  objective  was  to  stimulate  the 
exchange  of experience  between  tour  operators  and  cultural  institutions, each  project  setting 
up  a cultural  network.  The  projects  chosen  reflect  a number  of  trends  arising  from  different 
cultural objectives ranging from  enhancement of architectural heritage, in order to promote the 
spirit  of discovery  for  the  greatest  number  of tourists, to a more  social approach,  such  as the 
promotion  of  ethnic  minority  culture  through  the  establishment  of  tourist  itineraries,  or  the 
production  of  publications  in  Braille  on  the  heritage  of  European  cities  intended  for  the 
visually  handicapped  (example  cited  above). 

Out of a total Community  location of 6,566,400  ECUs,  1,093,863 ECUs were used to support 
these  cultural-type  projects  (i.e.  16.66%). 

part  II  - page  40 

?t 

To conclude 

The relationship  between  tourism  and  culture  is undeniable  and,  given  this  fact,  Community 
action  in this  field  cannot  but  have  a  significant  added  value. 
Cultural  tourism  is a sphere  which,  logically,  has  great  cultural  potential,  but  also  economic 
and  social  potential.  Enhancement  of  the  cultural  heritage  for  tourist  purposes  can  help  to 
safeguard  assets  and  develop  the  region  in  question.  However,  this  may  also  be  a  double-
edged sword: the opening-up of historical sites or museums to an uncontrolled flow of tourists, 
together  with  the  developments  which  result  from  this, may  represent  a serious  threat  to  the 
integrity  and  long-term  preservation  of  this  cultural  heritage. 
In  this  connection  and  with  a  view  to  increased  Union  action  in  the  field  of  tourism,  it  is 
essential,  in collaboration  with  the cultural  sector, to take account  of public  expectations  but 
also, and above  all, of the  imperatives  of  conservation  and  balanced  management  of  cultural 
heritage. 
This includes, inter alia, better management of flows of visitors informing  tourists and making 
both  them  and  the  inhabitants  of  the  localities  receiving  the  tourists  more  aware. 

3.  Culture and  research 

The  Community  programmes  conducted  in  the  field  of  research  are  covered  by  the  4th 
Research  Outline  Programme  (1994-98),  allocated  an overall  budget  of  12.7 billion  ECUs. 

Science  and  technology  are  an  integral  part  of  culture,  as  a major  source  of  knowledge  and 
new practices,  and  also  utilise  and  reflect  the  values  and  view  of the  world  of the  groups  in 
which  they  develop. 

The Union's technological development and research policy as a whole thus has an undeniable 
cultural  dimension.  It  reinforces  the  position  of  science  and  technology  in  European  culture 
by  stimulating  the  expression  of  European  culture(s)  in this  field. 

The cultural dimension of technological development and research policy is explicit in the case 
of the  following  major  categories  of  action: 

A)  Union actions  in the field of relations between science  and culture: 

This  action  has  a dual  objective: 

To  stimulate,  on  a  European  scale,  reflection  on  and  debate  about  science  and 
technology.  The  principal  instrument  used  for  this  purpose  is the  "European  Science 
and Technology Forum", a framework  for studies and conferences  on historical, social 
and  ethical  cultural  aspects  of  science  and  technology  in  Europe  (budget:  approx. 
800,000  ECUs  per  annum).  Set  up  in  1994, the  Forum  is  the  framework  for  4  or  5 
projects  each  year. 
The  Forum's  action  is  supplemented  by  the  publication  of  a  quarterly  review. 
"Euroscientia  Forum",  which  aims  to  expand  reflection  and  debate  on  science  and 
technology  in  Europe  beyond  the  participants  in  the  Forum's  conferences  and  the 
subjects  dealt  with  there. 
To  stimulate  on  a  European  scale,  knowledge  and  understanding  of  science  and 

part  II  - page  41 

79 

technology  on the part of the public. The principal  instrument  used  for  this purpose  is 
the  "European  Scientific  and  Technological  Culture  Week"  (budget:  1 million  ECUs 
per annum). Organised  each  autumn  since  1993, this initiative  serves as a  framework 
for a variety of projects (open days, special TV programmes, conferences,  exhibitions, 
animation projects, etc.) aimed at familiarising  the public with science and  technology 
in  their  European  dimension  (European  scientific  and  technological  cooperation, 
science and technology  in other European countries). Twenty to thirty projects  of this 
type  are  prepared  each  year  in  collaboration  with  bodies  from  the  various  countries. 

B)  Union actions  in the field of RDT to  protect and conserve  European heritage 

1.  The  "Environment"programme: research  and 
technology in the service  of cultural-
heritage  conservation 

It was in  1986 that the Community began ongoing support for research projects with a cultural 
dimension through its "Environment" programme. This programme's general aim is to expand 
and  reinforce  research  activities  which  are  currently  in progress  by  supporting  transnational 
and multidisciplinary projects aimed at reconciling environmental improvement and the quality 
of  life  with  industrial  development. 

Since  then,  this  programme  has  gone  through  four  stages  of  activity,  each  including  a 
specifically  cultural  part: 

"Environmental  protection 

1. "The  effects  of  atmospheric  pollution  on  buildings  and  historical  monuments"  (1986-90). 
2. "Protection and conservation of European cultural heritage" (STEP Programme - 1989 - 92). 
3. 
conservation  of  European  cultural  heritage" 
(ENVIRONMENT  Programme  -  1991-94). 
4. 
and 
(ENVIRONMENT  AND  CLIMATE  Programme  -  1995 - 98). 

rehabilitating  European 

cultural  heritage" 

for  protecting 

"Technologies 

and 

As  these  titles  expressly  indicate,  the  cultural  dimension  of  these  activities  is  linked  to  the 
close  relationship  maintained  between  scientific  research  and  technological  development  on 
the one hand and conservation of the cultural, domestic and movable/non-movable  heritageon 
the  other. 
Ranging  from  the  intrinsic qualities of deterioration  (behaviour  of materials towards  external 
factors) or the extrinsic causes {inter alia climatic and environmental factors), to protective and 
conservation  measures,  the  projects  supported  in  this  context  relate  to  extremely  varied 
problems  which  have  in common  recourse  to research  and up-to-date  technological  methods 
in order  to  achieve  a cultural  objective. 

One example  is the project  run by a network  of several  Italian, Belgian,  Spanish,  Portuguese 
and  Greek  universities  and  centres,  together  with  Malta  and  Romania,  the  project  being 
entitled  "Marine  spray  and  polluted  atmosphere  as  factors  of  damage  to  monuments  in  the 
Mediterranean  coastal environment",  which lasted 36 months and was launched  on  1 January 
1993. 

part  II  - page  42 

73 

The project  aims to conduct  a scientific  study  into the climatic and  environmental  influences 
on  the  process  of  ageing  and  the  problems  of  degradation  of  the  stone  from  which  the 
monuments  in the  Mediterranean  regions  of  southern  Europe are built, with  special  attention 
being  given  to  the  cumulative  action  of  sea  salt  and  atmospheric  pollutants.  The  second 
objective  concerns the development  of a study methodology  to evaluate the characteristics  of 
the  stones  which  might  enhance  understanding  of  the  phenomena  of  ageing.  This  could 
provide  a  basis  for  the  development  of  the  most  appropriate  conservation  techniques.  This 
project  was  supported  by  the  Commission  to the  extent  of  1,200,000 ECUs. 

Projects  supported  within  the  context  of  this  programme  are  conducted  by  universities, 
research centres or specialised  SMEs. They last for  2 or 3 years and have to have a  European 
dimension (participation on the part of several countries), demonstrate a high scientific  content, 
an  innovative  approach  and  optimum  potential  exploitation  of the results. 
Over  the  last  three  periods  of  activity  of  the  programme  (1986-90,  1989-92  and  1991-94), 
some  130 of  the  principal  European  research  laboratories  and  institutes  have  submitted  and 
completed  projects  in the  field  of  conservation  of  cultural  heritage. 

The  programme  also  includes  preparatory  and  flanking  measures  to  promote  the  use  and 
dissemination  of the research results. Such measures include conferences,  workshops  devoted 
to specific topics (eg. the conservation  of brick masonry, Louvain, October  1994), the setting-
up  of  network-type  working  groups,  and  the  publication  of  reports  presenting  the  most 
significant  projects  supported  within the context  of the programme, as well  as the  "European 
Cultural  Heritage Newsletter  on  Research". 

For the  1990 - 94 period,  out of a global  budget  of 315 million ECUs, the amounts  allocated 
to  the  completion  of  18 cultural-type  projects  totalled  approximately  11 million  ECUs,  i.e. 
3.5%,  amounting  to  an  annual  figure  of  approximately  2.2  million  ECUs. 

2. 

"Environment and climate" : 1995-98 

The current programme, entitled  "Environment  and Climate", relates to the period  from  1995 
to  1998. That part devoted to research into the protection and conservation of cultural  heritage 
has the  following  general  objectives: 

-  Better  knowledge  of  the  causes  and  mechanisms  involved  in  the  deterioration  caused  by 
environmental  factors,  together  with  an  evaluation  of the  risk  factors  linked  to  improper  use 
of  technologies  (eg.  heating,  air-conditioning,  new  building  materials,  etc.)  and  to  mass 
tourism. 
- Promotion  of the development  and application  of methods and technologies emphasizing  an 
evaluation  of  their  limits,  advantages  and  appropriate  application  within  the  context  of  the 
causes,  mechanisms  and  effects  of  and  treatment  for  environmental  degradation. 
-  A contribution  to  the  setting-up  of  a  scientific  conservation  database. 

This  programme  has  been  allocated  a  global  budget  of  566.5  million  ECUs  and  it  is 
reasonable  to  imagine that  at  least  the  same percentage  as in the previous  period  (3.5%)  will 
be set aside to finance  projects  with a cultural content. This would correspond to an estimated 
minimum  amount  of  approximately  20  million  ECUs  for  the  1994-98  period,  corresponding 
to  an  annual  figure  of  approximately  4 million  ECUs. 

part  II  - page  43 

7 4 

Contribution of the measures and analyses 

3. 
to the conservation of cultural heritage: 
the  "Standardisation,  Measurement and Test" 
programme (1994-98) 

Further  initiatives  currently  being  developed  within  the  framework  of  the  4th  PCR  include 
measures  capable  of  exerting  a degree  of  influence  on the  cultural  sector  and,  in  particular, 
in  relation  to  heritage.  The  "Standardisation,  Measurement  and  Test"  programme  (1994-98) 
aims,  in  general  terms,  to  develop  a  harmonised  system  of  reliable  and  reproducible 
measurements  and  analyses  to  improve  the  competitiveness  of  European  industry.  Topic  III 
of  the  programme,  which  relates  to  "Measurements  in the  service  of  society",  is  intended  to 
encourage research  which contributes to an improvement  in individuals' health and safety  and 
environmental quality (including the safeguarding  of European cultural heritage). This context 
includes  the  development  of  new  instruments  and  systems  of  measurement  for  qualifying 
parameters  which affect  the conservation  and maintenance of cultural  assets and defining  the 
damage caused, a methodology  for evaluating the effectiveness  of the treatments and products 
used  in  activities  linked  to  conservation,  sampling  techniques,  and  methodologies  for 
establishing  the  origin  and  composition  of  articles. 

This programme has been allocated a global budget of  184 million ECUs. It can be estimated 
that approximately  4  million ECUs will be spent on activities of a cultural nature. The  annual 
amount  of  such  expenditure  would  consequently  be  in the  region  of  800,000  ECUs. 

4. 

The INNOVA TION programme 

The INNOVATION  programme  covers pilot projects  aimed  at understanding  and  integrating 
the  social  and,  a fortiori,  cultural  dimension  into  its  action  to  develop  an  environment 
favorable  to the dissemination  of scientific  and technical experience in European  society  and, 
more  generally,  to  promote  a  European  "innovation  culture". 

The systematic  dissemination  of good practices and methodologies enabling  society's  players 
to take part  in the various  innovation  processes, which are common  in some countries  in the 
Union  and  lacking  or  rare  in  others,  creates  important  synergies  and  helps  to  reinforce 
European  cohesion. 

The  conditions  for  success  of  these  actions  to  transfer  savoir-faire have  been  analysed  and 
amply  tried  out  in  the  field  (more  than  500  experts  from  various  fields,  municipal 
representatives  and  residents  from  about  15  towns  and  cities  took  part),  in  the  case  of  a 
specific  methodology  developed  in Denmark and now being used in some  10 European  towns 
and  cities  before  the  project  has  even  been  completed  (European  Awareness  Scenario 
Workshops  (EASW)  Initiative). 

The  effectiveness  of  this  approach  is  confirmed  by  the  support  expressed  by  such  diverse 
networks  and  organisations  as the Council  of Communes  and Regions  of Europe, Eurocities, 
the Campaign  for  Sustainable Towns and Cities, coordinated by DG XI D, the United  Nations 
Environment  Programme  and  other  groups  working  as part  of  more  informal  networks. 

part  II  -  page  44 

(  ;> 

On  this  basis,  a  series  of  similar  projects  exploring  new  topics  brought  to  the  fore  by  the 
advent  of  the  Information  Society  (health  and  quality  of  life,  mobility  and  access,  ageing 
society,  etc.)  and  new  methodologies  or  better  practices  will  be  launched  in  the  near  future 
after  an  open  call  for  proposals  (budget:  approx.  2 million  ECUs). 

C. 

Other Union actions 

The cultural dimension  is present in a portion of the Union's action in supporting the training 
and  mobility  of  researchers.  It  is more  difficult  to  quantify  the budget  allocated  to  activities 
of  a  cultural  nature  within  other  programmes  or  actions  linked  to  RDT.  The  programme 
entitled  "Training  and  mobility  of researchers"  (1994  - 98)  is aimed,  in accordance  with  the 
White  Paper  on  competitiveness,  growth  and  employment,  at  promoting  the  mobility  of 
researchers  and  the  creation  of  continent-wide  research  networks. 

This  objective  is  pursued  through  the  granting  of  research  bursaries,  enabling  European 
researchers  to attend training  courses  lasting  from  3 months to 3 years, outside  their  country 
of  origin,  and  through  the  organisation  of  research  networks  intended  to  promote  meetings, 
experience, the  exchange  of  results, etc. 
The programme also includes flanking  measures, such as the organisation of  Euroconferences 
and  other  scientific  meetings,  training  courses  and  summer  courses.  The  cultural  dimension 
of this programme  is obviously  linked to the participation of researchers from the  humanities 
and  social  sciences.  This  programme,  in  effect,  includes  projects  with  a  strong  cultural 
dimension  (history  of  science,  cultural  anthropology,  archaeology,  sociology  of  values, 
language  studies, etc.). 

Amongst  other  initiatives  linked  to  RDT  which  do not  have  a cultural  dimension  but  which 
may  exert  a degree  of  influence  in the  cultural  field  is the programme  entitled  "Technology 
Stimulation  Measures for  Small and Medium  Size Enterprises" (1994-98, granted  a budget of 
700 million  ECUs). This programme,  which aims to encourage  the participation  of  SMEs  in 
Community  RDT  programmes,  can  assist  SMEs  wishing  to  implement  new  technological 
means  in  the  sectors  of  art  and  cultural  heritage. 

Conclusion 

With the three goals of consideration of the cultural aspects of science and technology,  support 
for  research  in  the  service  of  European  heritage,  and  research  into  social  problems  with  a 
strong  cultural  component,  recent  years  have  seen  the  advance  of  the  cultural  dimension  of 
the Union's technological development and research policy. This evolution should be continued 
in the  years  to  come,  within  the  limits  of  the  objectives  of research  policy  as  established  in 
the  Treaty. 

part  II  - page  45 

/r> 

Links  with  the  "ENVIRONMENT R&D  PROGRAMME" 

(A) science and research 
sector 

(B) total funds 
for actions 

(C) actions with a cul 
tural dimension 

(D) funds to actions 
with a cultural 
dimension 

percentage of total funds 
to actions with a cultural 
dimension 

Environment programme 

315 MECU 

18 

11 MECU 

3.5 

L i st  of  Research  P r o j e c ts  on  Environmental  P r o t e c t i on  and  Conservation  of  t he  European  c u l t u r al  Heritage 

funded  under  t he  Environment  R&D  Programme 

(1990-94) 

Coordinator 

Partners 

Title of project 

Syremont Spa  (Italy) 

Greece, Spain, Italy, 
France 

Institut fur Instandhaltung 
GmbH  (Germany) 

UK, Greece, Netherlands 

English Heritage  (UK) 

UK, Ireland, UK 

Gifford & Partners Ltd., UK 

Germany, Portugal, UK 

Birkbeck College, UK 

Netherlands, Italy 

Study of the microstructural decay of 
lithoid monuments caused by environ 
mental factors, using newly developed 
radar-aided methods 

Soil-archive classification at Euro 
pean excavation sites in terms of 
environmental impact and conservabil-
ity of cultural heritage 

Wood protection : understanding the 
relationship between deathwatch-beetle 
wood-decay fungi and timber ageing in 
European historic buildings in order 
to develop alternatives to current 
harmful and ineffective treatments 

Re-treatment of consolidated stone 
façades 

ERA  : Environmental Research for art 
conservation 

Royal Danish Academy of Fine 
Arts  (Denmark) 

France, Belgium, UK 

Deterioration and conservation of 
vegetable tanned leather 

EC contribution 
(ECU) 

duration 
(months) 

600,000 

30 

518,000 

24 

500,000 

36 

164,000 

580,000 

480,000 

24 

36 

24 

part II - page  46 

Middlesex University, UK 

Portugal, Austria, UK 

Particulate pollution and stone damage 

University of Patras, Greece 

Italy, Spain 

University of Manchester, UK 

Denmark 

Deposition of gases and particles and 
their corrosive effect on articles of 
cultural & artistic value inside 
museums 

Development of improved conservation 
techniques for archaeological iron 

Carl von Ossietzky 
Universitat Oldenburg 
(Germany) 

Italy, Spain 

Biological and mineralogical reactions 
of Mediterranean monuments 

TNO, Bouw  (Netherlands) 

Belgium, Italy 

Katholieke Universiteit 
Leuven  (Belgium) 

Netherlands, Italy, 
Germany 

Fraunhofer Institut fur 
Silicatforschung Wurzburg 
(Germany) 

Fraunhofer Institut fur 
Silicatforschung Wurzburg 
(Germany) 

UK, Portugal 

Performance of surface treatments for 
the conservation of brick masonry 

Expert system for evaluation of deter 
ioration of ancient brick masonry on 
historic buildings 

Assessment and monitoring of the 
environment of cultural property 

UK, Denmark, Romania, 
Czech Republic 

New conservation methods for outdoor 
bronze sculptures 

Universiteit Ghent  (Belgium) 

Spain, Belgium, Ger 
many, Italy 

Interactive physical weathering and 
bioreceptivity study on building 
stones monitored by CT X-ray 
tomography 

Community of Mediterranean 
Universities  (Italy) 

Spain, Greece, 
Portugal, Belgium, 
Germany, Italy, Malta 

Marine spray and polluted atmosphere 
as factors of damage to monuments in 
the Mediterranean coastal environment 

Universita degli Studi di 
Trieste  (Italy) 

France, Italy 

Non-destructive testing to evalute 
diagnostic methods and reinforcement 
techniques applied to historic 
buildings 

471,000 

280,000 

300,000 

116,000 

410,000 

600,000 

900,000 

714,000 

600,000 

1,200,000 

660,000 

24 

24 

24 

24 

24 

30 

36 

24 

30 

36 

36 

Université Paris Val-de-
Marne  (France) 

Italy, Switzerland, 
France 

Surface alterations of monuments: 
experimental and modelling approach 

250,000 

27 

part II - page 47 

4.  SMEs. commerce  and culture 

Production  within  small  and  medium-size  enterprises,  the  craft  sector  commerce  and 
distribution  are the  subject  of a number  of  Community  support  actions within the  context 
of the  multiannual  programme  for  businesses  and  the  SMEs (1994-96).  This  programme, 
which aims, inter alia, to modernise commerce and distribution and emphasizes the role of 
commerce  in  local  development,  carries  out  actions  which,  indirectly,  have  a  cultural 
dimension, particularly  on the grounds of the encouragement they offer  to artistic and  craft 
activities. 

Three  initiatives  are worthy of mention  in this connection.  The first,  entitled  "Support  for 
seminars, conferences  and studies", receiving  a global budget of 300,000 ECUs, is used to 
support  non-profit-making  actions  of  interest  to  commerce  and  distribution.  These 
conferences  and  seminars  may  have  a  cultural  nature. 

In  1994, a conference was organised on "The future  of small retailers and services in rural areas", which 
analysed  the  role  played  by  commerce  in  the  survival  of  rural  communities  and  in  halting  the  drift 
towards the towns  and cities. 
In  1996, a seminar will be held at Empoli, Italy, on the socio-economic impact of commerce on historic 
urban  centres  in various  Member  States, with  particular  reference  to tourism. 

The second initiative consists of Commission support for and participation in the conference 
on  artistic  trades  organised  in June  1994, in  London,  by the  British  Crafts  Council. 

CRAFT  - Finally,  at  the  second  European  craft  and  small  businesses  conference,  held  in 
Berlin  on  26  and  27  September  1994,  debate  also  touched  on  artistic  trades  and,  in 
particular,  on  a  European  value  for  the  artistic  trades.  The  Commissiion  is  prepared  to 
sponsor  such an initiative, to be launched  by representatives  from  the private  sector.  This 
initiative would aim to provide recognition to craftsmen,  to improve the knowledge, profile 
and representative  nature of crafts  and  to consolidate the concept  in its European  context. 
A prize will be awarded  for confirmed  craft  talent, with a second prize to encourage young 
craftsmen  to  enter  the  field. 

The  field  of  small  and  medium-size  enterprises  and,  in particular,  those  which  are  active 
in  the  artistic  and  craft  sectors,  in  the  safeguarding  of  cultural  heritage  or  in  new 
technologies  applied  to these  subjects,  represents  a significant  cultural  dimension  but  one 
which  is difficult  to  identify  and  to  evaluate  within  current  Community  policy. 

Union  action  in this  field  which  is particularly  strong  in economic  and  social  terms  may, 
if consolidated,  make  a  significant  contribution  on  the  one  hand  to  the  safeguarding  and 
redevelopment of traditional trends and, on the other hand, to the emergence of new cultural 
skills. 

5. 

The  social  economy  and culture 

Foundations are among the principal players in cultural action and we can estimate that they 
invest  some  152 million  ECUs  in this  area  in Europe. At least  150 foundations3  are active 
in  this  sphere,  either  by  means  of  support  given  to  cultural  events  or  by  staging  them 

3 

See  "Cultural  Funding  in  Europe",  European  Foundation  Centre,  1995 

part  II  - page  48 

7 9 

directly. 

As groups of volunteers  acting  together  to  achieve  a common  objective,  cooperatives  and 
associations  are  often  used  as  tools  to  organise  cultural  activities.  They  are  particularly 
active  in  implementing  an  integrated  approach  to  culture,  by  means  of  extending  cultural 
horizons  to  underprivileged  groups  (the  poor,  minority  ethnic  communities).  Work  to 
establish European statutes for coooperatives, mutual-type groups and associations, together 
with other priorities  in the social economy  working  programme, facilitates  trans-European 
cultural  action. 

Culture  is  a  growing  source  of  competitive  advantages  for  Europe.  It  is  thus  timely  that 
social  economy  organisations  should  be  actively  pursuing  vocational  training  in  the  field 
of culture, for example ESF-supported training projects in the field of music, the theatre and 
comedy.  Sometimes,  these  actions  are  part  of  multi-functional  projects  to  restore  urban 
centres. 

Some projects supported within the framework of the Commission's multiannual programme 
(1994  to  1996)  for  cooperatives,  mutual-type  groups  and  foundations  in  the  Community 
have a cultural  dimension. The programme's budget is now around 2.5 million  ECUs/year, 
a  small  proportion  of this  being  used  to  support  cultural  activities. 

6. 

Community  action to  promote European town-twinning 

This  action  is  to  encourage  closer  links  between  towns  and  villages  in  Europe  through 
town-twinning.  To  date,  some  15,000  towns  and  cities  have  taken  part.  Community 
financial  support  targets  mainly  small  villages  and  towns  in  underprivileged  peripheral 
regions and develops  multilateral  exchanges  and joint  action  programmes.  Such  activities 
may  relate  to  or  include  culture  and  cultural  heritage. 
The  budget  allocated  to  this  action  for  1995  was  3.5  million  ECUs, with  7.5  million  for 
1996. About  10% of the overall budget for the action will probably go to support  activities 
of a cultural  type. 

part  II  - page  49 

80 

PART  III  :  AUDIOVISUAL  POLICY 

The  development  of  the  European  Union's  audiovisual  policy  is  a  response  to  two  basic 
objectives: 

setting-up  and  ensuring  the  functioning  of  a  genuine  European  area  for  audiovisual 
services; 
implementing  a  strategy  to  reinforce  the  European  programme  industry. 

These  two  objectives,  linked  to  the  development  of  the market  and  to  industrial  policy,  are 
being pursued  by taking full  account  of the cultural  dimension  of the audiovisual  sector,  and 
can  be  seen  both  in terms  of  the  regulatory  framework  governing  the  European  audiovisual 
area  and  in the  various  support  initiatives. 

1. 

FIRST OBJECTIVE - A EUROPEAN AREA FOR AUDIOVISUAL SERVICES -
(REGULATORY  ASPECTS) 

The  "Television  without  frontiers"1  directive,  adopted  by  the  Council  in  1989,  is  the 
cornerstone  of  the  regulatory  framework  for  the  European  area  in  respect  of  audiovisual 
services. Its principal  objective  is to permit the free  circulation of television  broadcasts  in the 
European  Union  and  thereby  encourage  the  development  of  transnational  services.  It  is 
consequently  based  on Articles  57(2)  and  66 of  the  EC Treaty. 

This  free  circulation  is  based  on  a  double  principle  of  unity  of  the  applicable  law  and  of 
freedom  to  receive  broadcasts: 

each  broadcaster  may  be  subject  to  the  laws  of  only  the  single  Member  State  under 
whose jurisdiction  he  falls  (or  is  established)  and  must  comply  with  a  minimum  of 
common  rules  in  so-called  "coordinated"  areas. 
the Member  States must  not impede  the reception  or retransmission  on their  territory 
of  broadcasts  originating  from  other  Member  States  for  reasons  falling  under  the 
jurisdiction  of the  coordinated  fields. 

The method used  is thus that  of the coordination of national  rules where that  is necessary,  so 
that the disparities between them can no longer constitute legal obstacles to the free  circulation 
of televised broadcasts. Free circulation  is the principal  objective  of the directive and it takes 
into account  other  objectives  such  as the protection  of consumers  and minors, the  promotion 
of  the  European  audiovisual  industries,  the  protection  of public  health,  etc. 

The  coordinated  fields  include  the  definition  of  criteria  whereby  a broadcaster  is  deemed  to 
fall  within  the  jurisdiction  of  a  Member  State,  televisual  and  sponsored  advertising 
(advertising  volumes  and  message  content),  the protection  of  minors,  the  right  of  reply  and 
a  specific  factor  devoted  to  the  promotion  of  the  production  and  distribution  of  audiovisual 
programmes. 

Council Directive No. 89/552/EEC, of 3 October  1989, relating to the coordination  of 
certain  laws, regulations  and  administrative  provisions of the  Member  States relating 
to  the  pursuit  of televisual  broadcasting  activities.  OJEC  L 298, dated  17.10.89 

part  III  - page 1 

81 

This chapter contains a structural rule aimed  at reinforcing  independent production  and a rule 
aimed  at  guaranteeing  that  most  of  the  work  disseminated  by  European  broadcasters  is 
European.  This  latter  rule  has  an  obvious  cultural  dimension  in  that  it  ensures  minimum 
representation  of  national  and  European  cultures  on  European  screens 

The basic framework  provided by the "Television without frontiers" directive is supplemented 
in  various  other  fields  to  ensure  effective  free  circulation  of  the  services  by  other  legal 
instruments  within  which  the  cultural  dimension  of  the  audiovisual  sector  is  also  taken  into 
account. 

* 
"Television  without  frontiers"  directive  within  the  context  of transborder  broadcasts. 

The  so-called  "Satellite  cable  copyright"  directive2  supplemented,  in  1993,  the 

In addition, the Green Paper on the legal protection of encripted  services3 provides, 
* 
for  consultation  by interested  parties,  an analysis of questions  connected  with the pirating  of 
pay-TV  audiovisual  services and, thus, indirectly,  of audiovisual  works. In particular,  it is of 
the opinion that a regulatory  action,  at Community  level, aimed at establishing  an  equivalent 
level  of  protection  in  all  the  Member  States  could  prove  to  be  necessary  in  order  to 
supplement  the  regulatory  framework  of the  European  audiovisual  area  set up by the  "Tele 
vision  without  frontiers"  and  "Satellite  cable"  directives. 

* 
Admittedly,  in  other  areas  connected  with  broadcasting,  the  Member  States  retain 
the right to  legislate  in respect  of  Community  law.  In these  areas, the  application  of  Article 
59  of  the  Treaty,  which  provides  for  the  abolition  of  obstacles  to  the  freedom  to  provide 
services,  makes  it  possible  to  prevent  new  violations  of  the  European  audiovisual  area. 
However,  its  application  in  the  audiovisual  sector  also  takes  account  of  specific  cultural 
features:  in  particular,  it  has  recognised  the  possibility  that  the  Member  States  have  to 
maintain  certain  national  measures  relating  to  linguistic  policy  {cf.  Chapter  I  -  Culture  and 
Community  case law). 

* 
Finally, the satisfactory  functioning  of a European audiovisual area presupposes the 
maintenance  of  an  open market  and  effective  competition.  In the  field  of  State  aid,  the  new 
possibilities  offered  by  Article  9293)(d)  of  the  Maastricht  Treaty  must,  however,  be  fully 
exploited. 

The audiovisual  sector  is facing  rapid  change, both in technological  and economic terms, and 
such  changes  can  be  seen,  particularly,  in  the  development  of  new  types  of  audiovisual 
services on each side of the traditional frontier  between broadcasting and telecommunications. 

At  a  time  when  clusters  of  satellite  and  pay-TV  channels  are  beginning  to  become  firmly 
established  in the European  audiovisual  landscape, the digital  broadcasting  revolution  makes 

Directive 93/83/EEC, relating to the coordination of certain copyright and similar rules 
applicable  to  satellite  broadcasting  and  retransmission  by  cable 

Doc.  COM(96)  76  final 

part  III  - page  2 

82 

it  possible  to  perceive  a  multiplication  of  the  programme  supply  and  the  development  of 
services  such  as  "pay-per-view"  or  "video  on  demand". 

Similarly,  by  virtue  of  progress  made  in  digital  compression,  telecommunications  networks 
are becoming  suitable  supports  for  the  dissemination  of  images  and the development  of  new 
interactive  multimedia  services. 

Given  these  various  developments,  maintaining  the  basic  principles  of  the  European 
audiovisual  area  presupposes  both  certain  adaptations  of  existing  rules  and  forward-looking 
reflection  on the framework  which  is likely  to enhance the development  of new services. All 
these  new  factors  take  due  account  of  the  sector's  cultural  dimension. 

Beyond a limited review of the "Television without frontiers" directive, such  forward-looking 
reflection  will  be  part  of  the  framework  of  a  Green  Paper  on  the  new  audiovisual  services, 
to  be  finalised  during  1996. 

2. 

SECOND  OBJECTIVE  -  REINFORCING  THE  EUROPEAN  PROGRAMME 
INDUSTRY  -  (SUPPORT  ACTIONS) 

Although  strong  in  the  terms  of  the  wealth  and  the  diversity  of  its  heritage,  the  European 
cinematographic  and  televisual  programme  industry  has revealed  its structural  weaknesses  in 
the  face  of  the  increase  in  competition  on  international  markets.  The  strengthening  of  this 
industry  and  the  desire  to  make  it  more  competitive  have,  right  from  the  outset,  been  a 
fundamental  objective  of  Community  audiovisual  policy. 
Beyond the industrial dimension of this objective, there is clearly a strong cultural  dimension. 
Cinematographic and televisual programmes are goods unlike any others: as privileged vectors 
of culture, they retain their  specific  nature  amid the new types of audiovisual  product  which 
are  currently  multiplying;  as  living  witnesses  of  the  traditions  and  of  the  identity  of  each 
country, they merit encouragement; only a strong European industry will be able to guarantee 
both the diversity  of  programmes  and  an  increase  in the  international  influence  of  European 
cultures.  Given  the  position  of  the  image  of  our  society,  much  is at  stake  in  cultural  terms. 

Over the years, the diagnosis has been refined  and Community  support  instruments have been 
developed. 
The principal  support  instruments,  namely the MEDIA  Programmes4 and the Action  Plan  for 

The  MEDIA  Programme  was  set  up  by  Council  Decision  90/685  EEC,  of  21 
December  1990, relating to the  implementation  of an action programme to encourage 
the  development  of  the  European  audiovisual  industry  (MEDIA  1991-95). 

This programme  was reshaped  into a MEDIA II programme based on two  Council 
Decisions,  firstly  No.  95/563/EC,  relating  to  a  programme  to  encourage  the 
development  and  the  dissemination  of  European  audiovisual  works  (MEDIA  II  -
Development  and  dissemination)  (1996-2000)  and,  secondly,  No.  95/564/  EC, 
relating  to  a  training  programme  for  professionals  in  the  European  audiovisual 
programme  industry  (MEDIA  II  - training)  (1996-2000). 

part  III  - page  3 

8li 

E u r o p e5, 

in 

T e l v i s i on 

A d v a n c ed 
235 EC, effectively  supplement  efforts  made at national  level. To comply  with the  principle 
of subsidiarity,  they relate to structural  objectives having a direct and  indirect  impact both on 
the  production  of  European  works  and  on  their  circulation  in the  Member  States. 
Similarly,  the  European  guarantee  fund  for  the  audiovisual  sphere,  as  proposed  by  the 
Commission6,  is aimed  at creating  a financial  instrument  capable of mobilising  investment  in 
the  European  audiovisual  programme  industry. 

A r t i c le 

b a s ed 

b o th 

on 

This innovative instrument  is intended  to supplement the action of the MEDIA II  programme 
by intervening directly at  audiovisual production level. This will make it possible to improve, 
in  a  more  efficient  manner,  the  financing  of  European  works  capable  of  benefiting  from 
pan-European  and  worldwide  expansion. 

Given that their principal objective is to promote the development of the programme  industry, 
MEDIA  II  and  the  guarantee  fund  are  based  on  Article  130  (industry)  of  the  EC  Treaty. 
However,  these instruments, just  like the action plan, take full  account  of the cultural  aspects 
of  the  industrial  sector  they  intend  to  promote,  as is the  intention  of  Article  128,  Paragraph 
4. 

Moreover,  under  the  terms  of  the  "European  Audiovisual  Dimension",  the  support  given  to 
prices and festivals traditionally makes it possible to provide financial  support for  audiovisual 
festivals,  particularly  cinema,  by  programming  quality  European  works  at  a  time  when 
commercial  cinemas are putting  on essentially  American  films.  This action, developed  since 
1992, has a threefold  objective  which  is not without importance from  the cultural  standpoint: 

it  enables  European  works  to  be  promoted; 
it  favours  their  circulation  and  their  distribution  (whereas,  in  the  case  of  each 
Member  State, only a very  small part of nationally-produced  films  is the subject  of 
programming  in  other  Member  States); 
it  facilitates  mutual  awareness  of  national  film  industries,  thereby  contributing  to 
the  enrichment  of  cultural  exchanges. 

The  interest  in  this  action  on  the  part  of  professionals  working  in  the  field  of  cinema,  as 
witnessed by the recent creation of the "European Cinema Festival Coordinating  Committee", 
stems  from  the  fact  that,  in  addition  to  providing  financial  support,  it  enriches  their 
programming outside the constraints imposed by distributors and provides a "label" enhancing 
the allocation  of national  and regional  aid  as well as commemoration  of the Centenary  of the 
Cinema  in  1996  in  some  Member  States. 

5 

6 

Council  Decision  93/424/EEC,  of  22.7.93,  establishing  an  action  plan  to  introduce 
advanced  television  services  in  Europe.  OJEC No.  L  196, of  5.8.93 

Proposal  for  a Council  Decision  instituting the European  guarantee fund  to encourage 
film  and  televisual  production.  Doc.  COM(95)  546  final,  of  14.11.95 

part  III  -  page  4 

84 

CONCLUSION 

The instruments of audiovisual policy constitute, to a certain extent, a model for  consideration 
of cultural  aspects  by the  Community  in  the  actions  it takes under  the terms  of  other  provi 
sions of the Treaty,  as required  by  Article  128, Paragraph  4. This consideration  was  already 
effective  before  the  1993  entry  into  force  of  the  Treaty  on  European  Union  and  of  its 
provisions  relating  to  culture  (the  "Television  without  frontiers"  directive  had  been  adopted 
in  1989 and the  MEDIA  I programme  in  1990) and there  is no reason  a fortiori  for  it to  be 
any  less  important  today.  This model  should  serve  as an approach  in other  fields.  In  effect, 
if  it  is clear  that  the  principal  objective  of  the  "Television  without  frontiers"  directive  (free 
circulation)  and  of the MEDIA  II  programme  (development  of the  audiovisual  industry)  are 
not those  listed  in Article  128, Paragraph  2, and that  they  are, consequently, justly  based  on 
other provisions  of the Treaty,  it is also  clear that  it is precisely  in such cases that  Paragraph 
4  of  Article  128  should  be  applied. 

Through the various Community  initiatives developed  under the terms of audiovisual  policy, 
the  European  Union  makes  an  undeniable  contribution  to  maintaining  and  expanding  the 
influence  of  European  cultures,  while  respecting  their  diversity.  The  industrial  and  market 
logic  underlying  this  action  in  accordance  with  the  rules  of  the  Treaty  have  not  prevented 
consideration  of  the  dual  (economic  and  cultural)  nature  of  the  audiovisual  sector.  On  the 
contrary,  the  cultural  dimension  of  this  policy  tends  to  be  reinforced  within  the  framework 
of  new initiatives.  Thus, the  Commission  will  take  care, in particular,  to  exploit  the  various 
synergies  which  are  emerging  between  cultural  action  and  audiovisual  policy  to  promote 
multimedia  development. 

part  III  - page  5 

Sf: 

PART  IV  : 

CULTURE IN THE COMMUNITY'S EXTERNAL  RELATIONSHIPS 

CHAPTER  I  : 

EXTERNAL  COOPERATION  ACTIONS 

International  cultural  cooperation  has  taken  on  increased  importance  worldwide  and  the 
cultural  dimension  is now a component  of  international  relations and  foreign  policy,  thereby 
supplementing  political  and  economic  dimensions. 

This evolution  has  also been  seen  in  the  European  Community.  Article  128§3 of the  Treaty 
establishing  the  European  Communities  in  effect  requires  the  Community  and  the  Member 
States to  promote  (cultural)  cooperation  with  third  countries. 

On the  basis of  Lomé III  (1986-90)  and  on the basis of Article  131 §3 of the  EC Treaty,  the 
Community has included a reference  to culture in the various types of agreement  it concludes 
with  third  countries.  In  most  cases,  reference  is  made  to  culture  particularly  because  the 
Community  is  not  seen  only  as  an  economic  power.  Such  was  the  case  with  the  Latin 
American  countries (cooperation  agreements). In the wake of the changes which  occurred  in 
Europe in the late 1980s, this process has been accentuated through agreements with countries 
in  central  and  eastern  Europe  (European  and  cooperation  agreements),  with  the  New 
Independent  States  (cooperation  and  partnership  agreements)  and,  recently,  with  the 
Mediterranean  policy  (Euro-Mediterranean  agreements). 

The agreements concluded between the Community and third countries which refer  to culture 
have thus multiplied  since  1986, being characterised  by a wide variety  of formulae  which are 
the result  of  the  various  frameworks  within  which  they  were  negotiated. 

Under  the  terms  of  Community  cultural  cooperation  with  third  countries  and  international 
organisations, six  categories  of  agreements  can  be  distinguished: 

1. 

Cultural  cooperation  with ACP  countries. The Lomé IV  Convention,  signed  in 1991, 
mobilising  a budget  of  14.6  billion  ECUs for  1996 - 2000,  includes  an  article  (139) 
devoted  to  cultural  cooperation. 

Within  the  context  of  this  Convention,  about  45%  of  the  70  National  Indicative 
Programmes  for  ACP  countries  actually  lead  to  a  formal  recognition  of  the  cultural 
sector  as a  specific  field  of  cooperation. 

In  the  framework  of  the  Lome  Convention,  the  European  Commission  has,  so  far, 
financed  around  250  cultural  programmes  with  an amount  of  over  62 mio  ECU. 

Nearly  a  third  of  the  cultural  programmes  financed  are  linked  to  the  audiovisual 
sector  (90  actions),  either  by  their  financial  participation  to  films  -nearly  60-,  or  by 
their  support  for  broadcasting,  training,  or  at  cinema  festivals.  In  this  sense  the 
European Union has become the first  sponsor for  Africa  and efficiently  contributes to 
reinforcing  its  image  as a promoter  of  culture  vis-à-vis  a  large  african  and  european 
public. 

part  IV  - page  1 

The  other  important  chapter  has  been  the  support  for  highly  significant  cultural 
manifestations  such  as,  the  "Marché  des  Arts  du  Spectacle  Africain  d'Abidjan",  the 
"Biennale  de  Dakar",  the  musical  festival  of  Austral  Africa  and  the  big  cultural 
exhibition  AFRICA  95 which  took  place  in  England 

As for  the  other  financed  operations,  emphasis  should  be  given  to  the  accent  placed 
on  safeguarding  and  enhancing  cultural  heritage.  The  European  Commission  has 
financed  several  actions  in  this  field,  firstly  to promote  the  ACP  countries'  physical 
heritage, but  not  neglecting  the  non-physical  component  of cultural  heritage,  so vital 
to the identity of the ACP countries, such as the safeguarding  of the oral tradition, and 
support  for  local  languages  and  traditional  music. 

2. 

In certain cases, the agreements concluded by the Community and the Member  States 
are  committed  to  the  openness  of  Community  cultural  programmes: 

-  The  agreement  on the  European  Economic  Area  (Iceland,  Norway,  Liechtenstein) 
-  Association  agreements  with  countries  in  central  and  eastern  Europe  (Poland, 
Hungary,  Czech  Republic,  Slovak  Republic,  Romania,  Bulgaria,  Estonia,  Latvia, 
Lithuania,  Slovenia  (signed),  Albania  (draft  directives  for  a  new  cooperation 
agreement  in  preparation)) 
-  Association  agreements  with  Cyprus  and  Malta  (openness  is  envisaged  in  the  text 
of the  "Kaleidoscope",  "Ariane" and  "Raphael" programmes) 
- Euro-Mediterranean association agreements with Tunisia and Morocco.The openness 
of the programmes is also provided for  in the association agreements being negotiated 
with  the  Lebanon  and  Egypt.  In  this  respect,  it  should  be  emphasized  that  the 
Barcelona  Declaration  of  27/28  November  1995 introduced  a multilateral  dimension 
into cultural relations with Mediterranean  countries. Thus, "the participants  recognise 
that  the  traditions  of  culture  and  civilisation  on  both  sides  of  the  Mediterranean, 
dialogue between these cultures and human, scientific and technological exchanges are 
an  essential  component  in  promoting  alignment  and  understanding  between  their 
peoples  and  in  improving  mutual  perception".  Following  the  Barcelona  Conference, 
a euro-mediterranean  conference,  with  a cultural  heritage theme,  is scheduled  to take 
place  in  Bologna the  22/23rd  of  April  1996. 

Third  countries  participate  in  the  Community  cultural  programmes  "on  the  basis  of 
supplementary  credits  to  be  supplied  according  to  procedures  to  be  agreed  with  these 
countries" (Art.  4 of the Kaleidoscope  decision  and  the Ariane  decision). More  specifically, 
the  participation  of  Ireland,  Norway  and  Liechtenstein  is  regulated  by  the  EEE  (European 
Economic  Area)  agreement  and,  in the  case  of  the  countries  in  central  and  eastern  Europe, 
by  additional  protocols  to the  European  agreements. 

3. 

According  to the  EEE  agreement,  Ireland,  Norway  and  Liechtenstein: 

-  will  have  access  to  programmes  covered  by  the  agreement,  including  cultural 
programmes, through  a joint-committee  decision; 
-  at the  level  of  the  Committees  which  assist the  Commission in the  implementation 
of the programmes, will  have  the  same rights  and  obligations as the  Member  States; 

part  IV  - page  2 n 

- will contribute financially  to the programmes in proportion to the level of their GDP. 

4. 

The  additional  protocols  to  the  European  agreements,  in  accordance  with  the 
conclusions of the Copenhagen European Council (21-22 June 1993), have adapted the 
conditions  for  Ireland,  Norway  and  Liechtenstein  to the  specific  conditions  of  coun 
tries  in  central  and  eastern  Europe  and  to  their  limited  possibilities  in  terms  of 
financing.  Therefore,  under  the  terms  of  these protocols: 

-  the Council  of Association  instigated  by the European  agreement will  set the  terms 
and conditions for participation by the country concerned in Community programmes; 
-  the  contribution  from  the  country  concerned  to  financing  the programme  is  calcu 
lated on the priniple of this country being responsible for the costs of its participation; 
-  if  appropriate,  the  Community  may  decide,  on a case-by-case basis, to  supplement 
this  contribution. 

5. 

In  other  cases,  provision  has  been  made  to  develop  more  general  cultural 
cooperation, implementation and monitoring of which will have to be provided by the 
joint  commissions or  committees  responsible  for  managing  these agreements: 

-  Cooperation  and partnership  agreements  with the New  Independent  States  (Russia, 
Ukraine,  Belarus,  Moldavia,  Kazakhstan,  Kyrgystan,  and  Georgia,  and  Armenia, 
Azerbaïdjan  and  Uzbekistan  being  negotiated)) 

-  Cooperation  agreements  with  Latin  America  (Chile,  Mexico,  Uruguay,  Brazil, 
Paraguay),  Central  America  (Costa  Rica,  El  Salvador,  Guatemala,  Honduras, 
Nicaragua  and  Panama)  and  the  Andean  Pact  (Bolivia,  Colombia,  Ecuador,  Peru, 
Venezuela), Mercosur  and  partial  states 

-  Cooperation  agreements  with  Asian  countries  (India,  Macao,  Sri  Lanka  and  South 
Korea  (being  negotiated)) 

-  Cooperation  agreements  including  an evolutive clause, making  it possible to  extend 
the areas  of  cooperation  referred  to  in the  agreement to  other  subjects. For  example, 
Article  15§2 of the agreement  signed with Vietnam provides: "Within the  framework 
of this Agreement, either of the Parties may put forward  suggestions for expanding the 
scope of the cooperation, taking into account the experience gained in its application". 

Save  for  certain  exceptions,  for  example  MED-MEDIA,  for  the  Mediterranean  (5  million 
ECUs, 1994-95) and the "Cross-Cultural Project"  with India (30 million ECUs over  5 years), 
Community cultural cooperation with third countries has no specific financing and thus cannot 
develop  in a structured  manner,  continuing  to depend  entirely  on the vicissitudes of  external 
policy. 

6. 

The  joint  Declarations  signed,  within  the  framework  of  political  cooperation, 
between  the  European  Community  and  certain  developed  countries  (United  States, 
Canada and Japan) also include a cultural aspect without specific budgetary  provision. 

It should  also be emphasized that there is frequent  recourse to culture as an  element 

part  IV  - page  3 

in the  "public relations" of the  Community  with respect to the outside  (support  for 
ad-hoc cultural events, for example, orchestra tours, concerts, etc.) which serve to back 
up  some political  initiative  undertaken  within  the  framework  of  external  relations. 

Given the nature of this type of intervention, these actions are also covered  essentially 
by  Community  external  policy. 

Finally,  often  evoked  but  rarely  stated  precisely,  the  Community  and  the  Member 
States  are  given  a  mandate  (Art.  128§3)  to  cooperate  with  the  other  international 
bodies  active  in the  field  of  culture,  particularly  the  Council  of  Europe  and  Unesco. 

Such  cooperation  with  international  organisations,  in  terms  of  technical  coperation 
(participation  in  meetings  of  mutual  interest  and  exchanges  of  information),  is  not 
new.  The relationship  between  the  Council  of  Europe  and the  European  Community 
is  based  on  an  exchange  of  letters  of  16  June  1987  concerning  consolidation  and 
intensification  of  cooperation,  the  periodic  organisation  of  high-level  meetings  of 
officials  from the secretariat of the Council of Europe and the Commission, inter  alia, 
in the  field  of  culture. 

Although  112 states are  linked to the  Community  by  agreements containing  cultural  clauses, 
the  Community  currently  has  no  effective  coordination  and  organisational  system  nor  any 
appropriate  budget  for  taking  on this  major  aspect  of  Community  policy. 

The current trend in the Community, particularly  given the origin of sources of financing  (to 
the degree that these are provided), is to make a distinction between the countries called upon 
to  participate  in  Community  cultural  programmes  on  the  one  hand,  and  the  other  third 
countries  on the  other  hand. 

It  should  be  recalled  that,  at  a  national  level,  culture  ministers  and  foreign  ministers  have 
responsibilities  and  a  specific  budget  for  the  development  of  external  cultural  cooperation. 
From a political standpoint, they act very differently.  Although the respective  responsibilities 
of these authorities  are difficult  to determine, the principle  of this dual competence  is rarely 
questioned.  This  duality  of  competence  is again  found  at  Community  level. 

part  IV  - page  4 

8*\ 

CHAPTER  II  : 

COMMERCIAL  POLICY 

1. Community  commercial  policy  is  based  on  Articles  110 to  115 of  the  Treaty.  Whenever 
commercial  issues  were  discussed  on  a  Community  level  in  the  past,  cultural  issues  were 
traditionally  examined  only  when  they  had  a  clear  economic  and  commercial  impact.  The 
most publicised  and recent  evocation of culture remains the negotiation of the present  GATS 
Agreement. Inside the E.U. this gave rise to lengthy debates on whether a "cultural exception" 
should  be  sought.  This  issue  remained  unresolved  right  to  the  end  and  our  partners  in  the 
negotiations have clearly refused  to accept  the principle and its use in the audiovisual  sector. 

2. The outcome of the GATS Agreement  has been clear  in the sense that there is no  "cultural 
exception"  in  the  WTO  legal  framework  or  recognition  of  the  "cultural  specificity"  of 
audiovisual  services. Nonetheless, the  fact  that no commitments  were made by the  E.U.  and 
its Member  States  leaves them  a wide  degree  of  freedom  in safeguarding  cultural  objectives 
and policies. 

3. On the other hand, two of the MFN exemptions in audiovisual field  submitted  by the E.U. 
have  a  strong  cultural  dimension.  The  first  concerns  measures  which  define  works  of 
European  origin  in  such a way  as to  extend  national  treatment  of broadcasting  or the  like  to 
audiovisual works which meet certain  linguistic and origin criteria regarding access to broad 
casting  or  similar  forms  of  transmission  and  originate  from  countries  which  parties  to  the 
Council of Europe Convention on Transfrontier  Television or European countries with whom 
an agreement may be concluded.  The justification  is the promotion of cultural values and the 
achievement  of  linguistic  policy  objectives.  The  second  MFN  exemption  concerns  the 
production  and  distribution  of  cinematographic  works  and  TV  programmes  and  covers 
government-to-government  framework  agreements on co-production  of audiovisual works on 
which  national  treatment  is  conferred  in  particular  in  relation  to  distribution  and  access  to 
funding.  Again the  aim  of this exemption  is to  promote cultural  links  between the  countries 
concerned. 
This constitutes a certain basis to build on, provided that there is no discernible  protectionism 
behind  the  use  of  the  cultural  argument.  It  must  be  noted,  nonetheless,  that  the  GATS 
Agreement  specifies  that  these  exemptions  should  in  principle  not  exceed  a  period  of  ten 
years  and  that,  at  any  rate, they  shall  be  subject  to  negotiation  in  subsequent  rounds. 
A major  test will  come when the negotiations  on subsidies - Article XV  - start (although  no 
time  frame  for  these  negotiations  has  been  set,  it  is probable  that  discussions  could  start  in 
the  next  few  months).  It  is  essential  that  the  E.U.  be  solidly  behind  the  need  to  defend 
subsidies  in  the  audiovisual  and  cultural  sectors  which  although  they  do  not  have  a  great 
impact  on  commercial  relations  financially  are  of  a  great  importance  in  our  multicultural 
Europe. It  is essential  that preparatory  ground  work  be done  if the  future  negotiations  are to 
be  more  successful  than  the  GATS  negotiations  in  achieving  the  cultural  objectives  of  the 
E.U.  and  its Member  States. 

4.  The  evolution  of  technology,  the  advent  of  the  Information  Society  with  multimedia 
products  with  significant  cultural  content,  the  ever-increasing  development  and  ensuing 
commercialisation  of  what  is  generally  called  "cultural  industries  and  services" will,  in  the 
near  future,  call  for  greater  account  to  be  taken  of  culture  -in  its  different  aspects  -  in 
commercial  negotiations  whenever  appropriate. 

part  IV  - page  5 

%b 

PART V  :  CONCLUSIONS 

The Commission's  review of consideration  for  cultural  aspects  in Community  action  has  led 
to two  observations: 

The first observation is that the Court's decisions and legislative acts have, in many cases, had 
to reconcile achievement of the objectives of the Treaty with the specific objectives of cultural 
policies.  Initiatives  taken  at  Community  level  or  the  decisions  of  the  Court  of  Justice  have 
made it possible to consolidate the concepts which,  in several fields,  govern the organisation 
of cultural activities both internally and externally.  This demonstration  is particularly  striking 
in the  field  of  copyright  or the  promotion  of  audiovisual  works. 

In  other  sectors,  this  reconciliation  has  proved  more  difficult,  owing  to  the  economic  and 
commercial  nature  of  the  cultural  activities  in  question.  It  has  been  necessary  to  strike  a 
bargain  between  the  provisions  of  the  Treaty  and  cultural  objectives,  and  although  this  bar 
gaining  has  led to  a  degree  of  consideration  of  the  cultural  aspects, these  have  not  received 
the priority treatment which may be accorded to them in certain Member  States (for  example 
in  respect  of  book  prices,  taxation  of  certain  cultural  goods  and  services,  or  the  field  of 
competition). 

The second observation  is that  a  great  majority  of  the  policies  and  actions  implemented  by 
the Community now include a cultural dimension or have an impact on certain cultural  fields. 
This  "investment"  in  the  cultural  field  has  taken  place  progressively  in  step  with  the 
importance  given  to  policies  backing  up  achievement  of  the  single  market:  economic  and 
social  cohesion,  environment,  research  and  technology,  social  policy,  in  particular. 

Thus, the cultural  aspects of actions taken by the Community  or of the policies  implemented 
by it are  many. It must  also  be clarified  that  this report  is no more than  a partial  account  of 
this  consideration  for  cultural  aspects.  Awareness  of  actions  deriving  from  Community 
intervention but implemented  in a highly decentralised  manner can be no more than  imperfect 
in the absence of major  studies into their  impact at regional or even local level. Such studies, 
however,  would  provide  only  supplementary  information  on  a  phenomenon  which  can  be 
perceived  in terms  of  the principal  trends  and  understanding  of which  will  make  it  possible 
to draw  lessons  from  it,  to  be  interpreted  in terms  of  future  political  action. 

1. 

Initial  lessons: 

1. The cultural aspects of the various support policies conducted by the Community are many, 
important  and  varied.  Most  Community  policies  have  a  cultural  dimension,  interact  on  the 
cultural  field  and  mobilise  players  in the  cultural  sector.  Considerable  means  exist. 

2. Although  considerable  means are devoted to cultural  activities or  activities with  a cultural 
dimension,  the  operations  implemented  are  not,  or  are  rarely,  covered  by  a  specific  policy 
which is a response to the tasks assigned to the Community  in the cultural  field.  They do not 
correspond  to  a cultural  project  and  have  few  or  no  Community  cultural  objectives. 

3.  Since the Treaty  on European Union  gives specific  areas of jurisdiction to the  Community 
in the cultural  field,  it is henceforth  responsible  for  reconciling  objectives  which are  specific 

part  V  - page  1 

a\ 

to support policies and objectives  of a cultural  nature. This implies, on the one hand, that the 
objectives and means of Community cultural policy are specified  beforehand  and, on the other 
hand,  that  these  objectives  and  means  are  incorporated  early  in  the  definition  and 
implementation of the Community policies concerned. Cultural policy includes encouragement 
actions conducted on the basis of Article  128, and the actions taken and the policies conducted 
on  other  legal  bases which  have to  consider  cultural  aspects. 

2. 

Objectives  and  means  of  a Community  cultural  policy 

The Community cultural policy implemented on the basis, particularly, of Article 3 EC p) and 
of  Title  IX of  the  Treaty  cannot  be  confused  with  cultural  policies  conducted  by  the  States, 
regions  and  other  decentralised  institutions.  It  corresponds  to  specific  tasks  allocated  to  the 
European  Community. 

Cultural  policy  forms  part  of  the  European  enterprise  and,  in  this  respect,  is  an  integration 
factor  within an "ever closer union between the peoples of Europe" (preamble of the Treaty). 

In this  respect,  cultural  policy  must  make  a  contribution  to  strengthening  and  to  expanding 
the  influence  of  the  "European  model  of  society  built  on  a  set  of  values  common  to  all 
European  societies"  (Opinion  of  the  Commission  on  convening  the  1996  Intergovernmental 
Conference).  Owing to its richness of character and its diversity, culture is a major  component 
part of this European model of society. Community action must promote the preservation and 
enrichment  of  that  which  goes to  make  up the  cultural  and  linguistic  identities  and  realities 
of the peoples of Europe. It must allow strengthening of citizens'  feeling  of belonging to one 
and  the same  Community.  This was the desire  expressed  in Madrid  (December  1995)  at  the 
meeting  of  Heads  of  State  and  of  Government  :  "The  European  Council  reaffirms  the 
importance of cultural  action  in encouraging  a  Community dimension in  the cultures  of  all 
the Member States  making  up the  Union". 

There  are three particularly  important  lines  of  action  here: 

enhancement  of the cultural  roots  and  currents which  are common  to Europeans  and 
which  have  played  a  part  and  still  play  a part  in  forming  the  cultural  identities  and 
realities of peoples of Europe. Culture is one of the ways in which a society  expresses 
itself  and  is also the result  of  exchanges  and  confrontations  between  societies.  There 
are  few  philosophical,  scientific  or  artistic  trends  in  Europe  without  a  transnational 
dimension. Community cultural policy must permit the enrichment of these exchanges 
but  also  ensure  respect  for  the  cultural  identities  and  capabilities  for  expression  and 
creation  of  each people. 

a cultural  action making  it possible to promote the emergence of permanent  networks 
between  the  cultural  operators  in  the  various  countries  and  offering  them  the  means 
for  setting  up  long-lasting  cooperation  actions  which  have  a  high  profile  amongst 
citizens. 

priorities  would  be defined  by  the  Community  to ensure  et  increase  the  convergence 
of  the  support  actions  concerned.  The  advantage  of  this  method  would  be  to  offer 
greater  consistency  between  intervention  actions  in  the  field  of  culture  and  to  avoid 

part  V  - page  2 

Rl. 

creating  the  impression  of  piecemeal  support  which  is  to  the  fore  when  examining 
some  of  the  actions  undertaken. 

Finally, outside the European Union,  Community  cultural policy must promote an  expansion 
in  the  cultural  influence  of  European  people  and  of  the  European  model  of  society.  If  it 
constitutes  an integration  factor  within  the Union,  for  the outside it represents  an  instrument 
of  cooperation  which  must  be used  to  promote  dialogue  between  cultures. 

3. 

Recommendations  concerning consideration of cultural objectives in Community 
action 

The  entry  into  force  of  the  Treaty  on  European  Union  now  requires  the  institutions  of  the 
Union to take cultural aspects of Community action into account. This report will enable them 
to appreciate  the extent  of this obligation  and will promote  reflection  on and  action  towards 
the  development  of  Community  cultural  policy  on  the  basis  of  the  objectives  and  means 
defined  above. It demonstrates that,  on the basis of the same means, cultural  aspirations  can 
be  achieved  at  European  level  if  there  is  the  political  will  to  coordinate  such  means.  The 
desire  is to  make  the  citizen  once  again  the  centre  of the  European  enterprise  and  here  is a 
privileged  field  of  action  at  a  time  when  the  Union  is eager  to  embark  on  further  decisive 
stages  in the  economic  and  monetary  sphere. 

For  its part,  the  European  Commission  will  take the  internal  measures  necessary  for: 

the  proposals  for  acts of  derived  law  that  it  will  have to  refer  to  the  Parliament  and 
the Council, and  its decisions, to be compatible with the objectives  of cultural  policy; 

in the definition  and implementation of support policies, the objectives and the means 
of  each  instrument  having  an  effect  on  the  cultural  field  to  be  consistent  with  the 
objectives  and  the means  of  Community  cultural  policy. 

To this end, the Commission will draw  its inspiration  from  provisions being  implemented  in 
other  fields,  such  as  the  operational  measures  adopted  to  ensure  the  incorporation  of  the 
environment  in the  Community  policies. 

part  V  - page  3 
°i} 

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