Council Resolution of 26 June 2000 on the conservation and enhancement of European cinema heritage
Date: 2000-06-26
Institutions: Council of the European Union
Subjects: EU Member State, EU production, cultural heritage, film production, heritage protection

11.7.2000

EN

Official Journal of the European Communities

C 193/1

I

(Information)

COUNCIL

COUNCIL RESOLUTION

of 26 June 2000

on the conservation and enhancement of European cinema heritage

(2000/C 193/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

5. NOTES, however, that most of the works stored continue to
face the threat of irreversible material degeneration owing
to the fragility of the basic support media and to technical
and scientific problems or remain hidden away on archive
shelves owing to structural blockages hampering extensive
distribution;

1. IS MINDFUL that the European cinema archives constitute a
vast legacy of films covering the history of the cinema,
including most surviving European works and much of
the production of other continents;

6. RECOGNISES that the preservation, restoration and public
distribution work done by archives still needs further clari-
fication in the context of international intellectual property
agreements and that it is important for this work to be
done in accordance with those agreements;

2. NOTES that this legacy, thought to encompass around a
million short-feature and full-length feature films represen-
represents a varied audiovisual
tative of every genre,
collection which is extremely important internationally;

3. EMPHASISES that its application in the twenty-first century
can play a decisive role in consolidating the cultural
identity of Europan countries both in their common
aspects and in their diversity. Citizens, in particular future
generations, will, through the medium of these works, have
access to one of
forms of artistic
the most significant
expression of the last 100 years and a unique record of
the life, customs, history and geography of Europe.
Furthermore, the inherent reproducibility and mobility of
the cinema medium make it an excellent vehicle for the
reciprocal spread of knowledge among peoples;

4. NOTES

that,

futher

as highlighted in the Council
industries
conclusions of 17 December 1999 on cultural
and employment in Europe (1),
in the present climate of
proliferating distribution channels which increase demand
for new programme contents, this form of cultural heritage
too (cid:145)is an important basis
for creating new cultural
products(cid:146);

(1) OJ C 8, 12.1.2000, p. 10.

7. NOTES the importance of avoiding works

remaining
blocked in the archives through the failure to identify
their legitimate rights-holders;

8. IS AWARE that certain Member States have no arrangements
for
the legal storage of motion pictures and do not
consider a legal framwork at international or Community
level to be desirable;

9. NOTES the expediency of work which takes account of
what has already been undertaken or is under way at inter-
national organisations, in particular the Council of Europe;

10. IS AWARE that, on the other hand,

little of the proceeds
from the commercial use of these works is reinvested in
conservation work;

11. NOTES, however, that the obstacles mentioned above could
be overcome in certain cases, as Europe can rely on a clear
advantage from a technical and scientific point of view;

12. RECOGNISES also the efforts already undertaken and the
results attained at a European level, even if much still
needs to be done;

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EN

Official Journal of the European Communities

11.7.2000

that

13. CONSIDERS, moreover,

the development of closer
relations between archives and legitimate holders of
rights may form an effective link between the conservation
and enhancement of the heritage making the existing, ever-
growing market more cost-effective;

14. RECALLS:

(cid:151) the interdisciplinary nature of the problems standing in
the way of the conservation and appropriate use of
including the area of technical and
cinema heritage,
scientific investigation (integration of
the knowledge
gained from traditional support media and application
of new technologies), the absence of specialist voca-
tional training, the scope for renewing structures or
any obligations arising from copyright legislation,

(cid:151) the transnational nature of the response demanded for
the aforementioned problems, for reasons to do with
the complexity and scale of
the
advantage of a comparison of
legal systems in force
and the fact that, by the very nature of the medium
involved
existing museum
collections frequently overlap, with every State having
preserved basic film material produced in many other
States;

such problems,

history,

archive

and

15. NOTES that without prejudice to Member States’ responsi-
bilities in this area and in accordance with the principle of
subsidiarity, there is a need to consider the possibility of
concerted European action to conserve and enhance this
legacy and to bring it before a wider public in order to
ensure the survival of what is an unparalleled record of
Europan history. Against this background, account should
applying for
be
membership and also of work under way at the Council
of Europe, thus avoiding any risk of duplication.

reality of

taken of

countries

the

16. TO THAT END, calls on the Member States to cooperate in
the following areas without prejudice to international intel-
lectual property agreements:

(a) participating in a transnational study on the situation
facing European cinema archives, including an analysis
conservation and
of

scientific problems of

the

enhancement of support media, of vocational training
needs and of questions relating to the intellectual
propoerty law arising in connection with the use of
cinematic works;

(b) the restoration and conservation of cinema heritage
with a view to optimum use of the archives in these
areas,
tech-
including through recourse to digital
nologies;

(c) stepping up the exchange of experiences, knowledge
and good practice in this sector, with the collaboration
of the relevant public and private bodies as well as
professionals and experts in the field by stimulating
cooperation between them,
including within the
framework of the development of European guidelines
to be decided upon on cinematic restoration;

(d) the

encouragement of progressive networking of
European archival data bases,
and collections of
preserved duplicates, made by the archives, while
improving their accessibility. Such actions would be
organised by the archives in conjunction with the
holders of
including the most
rights,
significant works of each individual country in the
various genres;

respective

(e) the possible use of these collections for educational and
to

and for purposes

specific

scientific purposes
archives.

17. CALLS ON the Commission, in the exercise of its powers
and in particular as laid down in Article 151(4) of the
Treaty, to:

(cid:151) take account of the specific needs of this particular

form of cultural legacy,

(cid:151) make use of

the opportunities provided by existing

Community action and programmes,

(cid:151) support and encourage the study mentioned under
16(a) by means of the relevant Community instruments,
and in compliance with the procedures which they
specify, and draw the necessary conclusions as regards
follow-up.