Opinion of the Committee of the Regions on the "Communication from the European Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on Certain legal aspects relating to cinematographic and other audiovisual works"
Date: 2002-03-13
Institutions: European Committee of the Regions
Subjects: EC recommendation, European audiovisual area, audiovisual communications policy, audiovisual production, film production

12.8.2002

EN

Official Journal of the European Communities

C 192/15

Opinion of the Committee of the Regions on the ‘Communication from the European Commission
to the Council, the European Parliament, the Economic and Social Committee and the Committee
of the Regions on Certain legal aspects relating to cinematographic and other audiovisual works’

(2002/C 192/04)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the European Commission to the Council, the European
Parliament, the Economic and Social Committee and the Committee of the Regions on Certain legal
aspects relating to cinematographic and other audiovisual works (COM(2001) 534 final);

having regard to the decision of the European Commission of 26 September 2001, under the first
paragraph of Article 265 of the Treaty establishing the European Community, to consult the Committee
on this matter;

having regard to the decision of the Bureau of the Committee of the Regions of 12 June 2001 to instruct
Commission 7 — Education, Vocational Training, Culture, Youth, Sport, Citizens’ Rights — to draw up
the relevant opinion;

having regard to the Draft Opinion adopted by Commission 7 on 30 November 2001 (CdR 387/2001
rev.) [rapporteur: Ann Beskow, Municipal Commissioner, Orsa Municipal Council (S/PSE)],

adopted the following opinion at its 43rd plenary session of 13 and 14 March 2002 (meeting of
13 March).

1. Committee of the Regions’ comments on the com-

munication

1.1.
The Committee of the Regions agrees with the Com-
mission that audiovisual works play an important role in
shaping European identities.

The CoR would stress the need to promote a new infrastructure
for film and TV production — a sector in which regional and
local audiovisual works are gaining ground. Regional and
local, alongside national, film production helps to counterbal-
ance the large-scale output of the non-European countries.
Experience shows that such regionally-based works often
attract a large audience, not only in the particular region
concerned but also nationally and internationally.

The various European, national, regional and local support
schemes should as far as possible complement each other.

It is important that new technologies can be deployed to
disseminate such regional works.

The CoR would stress that the funding earmarked in regions
active in film and TV production for that purpose supplements
state support. This funding can play a major role in allowing
‘difficult’ films to be made. They help ensure that regions have
the capacity necessary to maintain the skills, technology and
other prerequisites for professional production of audiovisual
works.

The CoR would also urge that Structural Fund resources
be used for film production, on a par with Media Plus
appropriations.

Media Plus and Structural Fund financing is of great importance
in enabling regions whose audiovisual production capacity is
weak or which form a geographically or linguistically defined
area to produce films.

1.3.
The CoR is in favour of debate on the preservation of
audiovisual works. The concept of cultural heritage has
generally been understood to cover buildings, objects and
documents.

1.2.
In the CoR’s view, the requirements the Commission
makes of state support schemes are well thought-out. Such
support schemes do not distort competition and they promote
European film production at various levels.

With the advent of photographic images, and subsequently
films, this concept had to be expanded to encompass other
forms of expression. The cultural history value of film — from
1895 onwards — is on the increase and will become an
increasingly important part of Europe’s cultural heritage since
moving image material recreates a vanished age. The projection

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Official Journal of the European Communities

12.8.2002

of cultural history films has been shown to attract large
audiences, particularly in the case of regional/local
films
produced by cities, municipalities, local firms and associations,
etc.

The CoR calls on the Commission to support measures to
create a network for European film organisations at regional
level so as to promote exchanges of best practice.

Both feature films and documentary, non-fiction films need to
be preserved. Far greater attention than in the past should be
paid specifically to this facet of the moving image cultural
heritage.

The CoR supports the Commission’s proposal

2.2.
to
conduct an inquiry among the Member States on the preser-
vation of audiovisual works and to promote cooperation
between the interested parties.

The best possible solutions must be found to such aspects as
compilation, preservation, care, rating, registration, tracea-
bility, accessibility and rights. Conducting an inquiry among
the Member States is a first step; in the light of these findings
the necessary measures can be taken.

Like the Commission, the CoR regards e-cinema and
1.4.
similar forms of production and distribution as being of major
importance in developing the film and media sector.

It is essential that measures to compile, care for and preserve
works and make them accessible should cover the full range,
from feature films to locally produced documentaries.

The CoR supports the Commission’s proposal to conduct an
inquiry on public registers of films and other audiovisual
works. It is strongly in favour of creating a network of such
national, and also regional, registers.

The benefits include cheaper and faster production and cheaper
distribution to cinemas, for instance in sparsely populated
areas.

The CoR would point out that e-cinema and similar
2.3.
new technologies for distributing audiovisual works is a matter
which the Commission should actively follow up; attention
should be focused on distribution both to cinemas and to
private consumers.

The creation of the European Digital Cinema Forum is a
significant step in this direction.

1.5.
In the CoR’s view, little or no VAT should be levied on
audiovisual production and distribution funded by different
forms of tax revenue, and hence classified as cultural asset (e.g.
VAT concessions for cinema tickets so as to encourage families
to go to the cinema, etc.).

2.4.
In the CoR’s view, the Commission should make it
possible for the Member States to levy reduced rates of VAT
on cultural assets and services.

The CoR supports the proposed inquiry on the rating

2.5.
of audiovisual works with different methods of distribution.

The audiovisual sector is expanding all over the world
1.6.
and is conditioned by both public support and a thriving
market. A study needs to be made of the technical and
economic prerequisites for production and distribution so as
to pave the way for political decisions at different levels in
Europe. Attention should be paid to the regional and local
level.

The CoR backs the Commission’s proposal to set up a
2.6.
group of experts to monitor development in the audiovisual
sector. In this connection it calls for a study of regional
production activities and their importance for Europe’s diver-
sity as well as their contribution in counterbalancing the
dominance of non-European films.

2. Committee of the Regions’ recommendations con-

cerning the communication

2.1.
The CoR recommends that the Commission support a
review of EU regional/local audiovisual production in its
current form, with particular reference to the preservation of
European culture and the impact on regional and economic
development.

2.7.
The e-learning initiative should be harnessed to stimu-
late interest among children, young people and adults in films
and the media.

The CoR underlines the importance of providing
2.8.
training opportunities in film production in particular follow-
ing a life-long learning approach. Life-long learning is indis-
pensable to the survival and development potential of every
region and locality, as underlined in the CoR Opinion on
the Memorandum on Lifelong learning (CdR 19/2001 fin)
(rapporteur: Mrs Christina Tallberg).

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2.9.
The CoR welcomes the proposed inquiry to identify
and assess financial movements within the European cinemato-
graphic industry; regional/locally produced films should also
receive attention.

on the Commission to encourage women to be creative so as
to bring a female content and perspective to productions, e.g.
by arranging special training for women in scriptwriting,
recording techniques and directing.

2.10.
Looking ahead to the review of the directive on
television without frontiers, the CoR proposes that regional/
locally produced films be disseminated via regional and
national TV channels so as to promote cultural diversity.

2.11.
The cinema and TV industry has often been domi-
nated by men, especially on the technical front. The CoR calls

2.12.
It is suggested that action to assist persons with
disabilities should concentrate in the first instance on those
who are deaf or have impaired hearing (sign language interpret-
ation; texting). Technical advances such as split TV screens
should be put to good use.

Brussels, 13 March 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Proposal for a European Parliament and Council
Directive on the right of citizens of the Union and their family members to move and reside
freely within the territory of the Member States’

(2002/C 192/05)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a European Parliament and Council Directive on the right of citizens of
the Union and their family members to move and reside freely within the territory of the Member States
[COM(2001) 257 final — 2001/0111 (COD)];

having regard to the decision of the Council of 30 August 2001, under the first paragraph of Article 265
of the Treaty establishing the European Community, to consult the Committee on this matter;

having regard to the decision of the Bureau of the Committee of the Regions of 12 June 2001 to instruct
Commission 7 — Education, Vocational Training, Culture, Youth, Sport and Citizens’ Rights — to draw
up the relevant opinion;

having regard to the Draft Opinion (CdR 287/2001 rev. 2) unanimously adopted by Commission 7 on
30 November 2001 [rapporteur: Mr Roberto Pella, Mayor of Valdengo (I-PPE)],

adopted the following opinion at its 43rd plenary session of 13 March 2002.

1. The views of the Committee of the Regions

1.2. More specifically, it believes it is necessary to establish
a single legislative instrument, bringing together and sup-
plementing the present items of Community legislation, which
include two regulations and nine directives.

1.1.
The Committee welcomes the draft directive presented
by the Commission, which aims to strengthen the right of
citizens of the Union and their family members to move and
reside freely within the territory of the Member States.

1.3.
The most positive aspect of the proposal is that it
removes the inconsistencies in the current legislation arising