Proposal for a Recommendation of the European Parliament and of the Council on film heritage and the competitiveness of related industrial activities
Date: 2004-03-16
Institutions: European Commission
Subjects: State aid, cultural policy, film industry, film production, heritage protection

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.3.2004 
COM(2004) 171 final 

2004/0066 (COD) 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

on the follow-up to the Commission communication on certain legal aspects relating to 
cinematographic and other audiovisual works (Cinema communication) of 26.09.2001 
(published in OJ C 43 on 16.2.2002) 

Proposal for a 

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

on film heritage and the competitiveness of related industrial activities 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE 
EUROPEAN PARLIAMENT, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

on the follow-up to the Commission communication on certain legal aspects relating to 
cinematographic and other audiovisual works (Cinema communication) of 26.09.2001 
(published in OJ C 43 on 16.2.2002) 

(text with EEA relevance) 

1. 

INTRODUCTION 

1.  The  Communication  from  the  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  works1  (hereinafter  referred  to  as  “the 
Communication”)  tackled,  among  others,  two  issues  that  are  of  vital  importance  for  the 
cinematographic industry: State aid to cinema and protection of heritage. 

2. The present Communication is the follow-up to that Communication. In the field of State 
aid, the Commission intends to provide legal security to the sector, by clearly stating the rules 
to  be  applied  until  30  June  2007.  In  relation  to  film  heritage,  the  Commission  proposes 
adopting a Recommendation of the European Parliament and of the Council on film heritage 
and the competitiveness of related industrial activities. 

2. 

THE GENERAL APPROACH OF THE COMMISSION WITH  REGARD  TO STATE AIDS  TO 
CINEMA SECTOR. 

1.  The  criteria  used  by  the  European  Commission  to  assess  the  compatibility  with  the  EC 
Treaty  of  aid  schemes  for  cinema  and  TV  production  were  clarified  in  chapter  2  of  the 
Communication. This Communication contains the general approach of the Commission with 
regard to State aid to the cinema and TV production sector.  

2. These criteria are two-fold: 

a) Respect of the general legality criterion; 

b)  Specific  compatibility  criteria  for  State  aid  to  cinema  and  TV  programme 
production. 

3. The Communication stated that the specific compatibility criteria would remain valid until 
June  2004.  Member  States’  aid  schemes  for  cinema  and  TV  production  are  currently 
authorised by the Commission until the same deadline.  

4. The Commission organised a broad consultation exercise on the possible adjustment of the 
specific  compatibility  criteria  with  Member  States,  accession  countries  and  professionals, 
within the framework of the Cinema Expert Groups, which met on 9 and 19 January 2004 in 

1  

COM(2001)534 final of 26.09.2001, OJ C 43, 16.02.2002 

2 

 
 
  
 
                                                 
Brussels. Member States and professionals unanimously expressed their satisfaction with the 
criteria set out in the Communication and did not raise any concern regarding their impact on 
competition.  

5. In their view, the cinema sector in Europe is under pressure and therefore aid is needed to 
support it. They fear that a modification of the existing rules could threaten the stability of the 
sector and therefore they pleaded to maintain the set of rules as it now stands.  

6.  The  Commission’s  main  concerns  are  not  related  to  the  volume  of  the  aid,  which,  being 
aimed at supporting culture is compatible with the Treaty. However, the Commission recalled 
its worries over certain territoriality requirements, i.e. the “territorialization” clauses of certain 
aid  schemes.  Such  territorialization  clauses  impose  on  producers  an  obligation  to  spend  a 
certain amount of the film budget in a particular Member State as an eligibility condition for 
receiving  the  full  aid  amount.  Territorialization  clauses  may  constitute  a  barrier  to  the  free 
circulation of workers, goods and services across the EC. They may, therefore, fragment the 
internal  market  and  hinder  its  development.  However,  the  Commission  considers  that  these 
clauses  may  be  justified  under  certain  circumstances  and  within  the  limits  set  in  the 
Communication  in  order  to  ensure  the  continued  presence  of  human  skills  and  technical 
expertise required for cultural creation. Of course, this Communication is without prejudice to 
the  Commission’s  obligations  under  the  Treaty  to  deal  with  complaints  relating  to  possible 
breaches of other Treaty rules than the State aid provisions. 

7.  The  Commission  has  therefore  carefully  considered  the  arguments  put  forward  by  the 
national  authorities  and  the  professionals  of  the  cinematographic  sector.  It  accepts  that  the 
sector of film production is under pressure. It is therefore willing to consider, at the latest at 
the time of the next review of the Communication, higher aid amounts being made available 
provided that the aid schemes comply with the conditions of general legality under the Treaty 
and, in particular, that barriers to the free circulation of workers, goods and services across the 
EC in this sector are reduced.  

8. In advance of the next review of the Communication, the Commission intends, in addition 
to further analysing the arguments of the sector, to carry out an extensive study on the effects 
of  the  existing  State  aid  systems.  The  study  should  examine  in  particular  the  economic  and 
cultural impact of the territorialization requirements imposed by Member States, in particular 
taking into account their impact on co-productions. 

9. In the light of the above, the Commission extends the validity of the specific compatibility 
criteria  for  aid  to  cinema  and  TV  programme  production,  as  set  out  in  the  Communication, 
until 30 June 2007. 

3. 

PROTECTION OF FILM HERITAGE 

1. The Cinema Communication examined the legal deposit of audiovisual works at national or 
regional  level  as  one  of  the  possible  ways  of  conserving  and  safeguarding  the  European 
audiovisual heritage and launched a stocktaking exercise of the situation regarding the deposit 
of cinematographic works in the Member States, accession countries and EFTA countries. All 
Member States already have systems in place for collecting and preserving cinematographic 
works forming part of their audiovisual heritage. Four-fifths of these systems are based on a 
legal or contractual obligation to deposit all films, or at least those films that have  received 
public support. 

3 

 
 
  
 
2.  Cinematography  is  an  art  form  contained  on  a  fragile  medium,  which  therefore  requires 
positive action from the public authorities to ensure its preservation. Cinematographic works 
are  an  essential  component  of  our  cultural  heritage  and  therefore  merit  full  protection.  In 
addition to their cultural value, cinematographic works are a source of historical information 
about  European  society.  They  are  a  comprehensive  witness  to  history  of  the  richness  of 
Europe's  cultural  identities  and  the  diversity  of  its  people.  Cinematographic  images  are  a 
crucial  element  for  learning  about  the  past  and  for  civic  reflection  upon  our  civilisation.  In 
order to ensure that the European film heritage is passed down to future generations, it has to 
be  systematically  collected,  catalogued,  preserved  and  restored.  In  addition,  European  film 
heritage should be made accessible for educational, academic, research and cultural purposes, 
without prejudice to copyright and related rights. 

3.  There  have  been  a  number  of  EU  and  international  actions  aimed  at  protecting  film 
heritage. At EU level, the following should be mentioned: 

•  The  Council  Resolution  of  26  June  20002  on  the  conservation  and  enhancement  of 
European  cinema  heritage  calls  on  Member  States  to  cooperate  in  the  restoration  and 
conservation  of  cinema  heritage,  including  through  recourse  to  digital  technologies,  to 
exchange  good  practice  in  this  sector,  to  encourage  progressive  networking  of  European 
archival data and to consider the possible use of these collections for educational purposes. 

•  European  Parliament  Report  on  the  Commission  Communication  on  cinema  of  7  June 
2002,3  in  which  the  European  Parliament  underlined  the  importance  of  safeguarding  the 
cinematographic heritage. 

•  The Council Resolution of 24 November 2003 on the deposit of cinematographic works in 
the European Union4 invited Member States to put in place an efficient system of deposit 
and preservation of the cinematographic works forming part of their audiovisual heritage in 
their  national  archives,  film  institutes  or  similar  institutions,  if  such  systems  do  not  yet 
exist. 

4.  At  international  level,  The  European  Convention  for  the  protection  of  the  Audiovisual 
Heritage5 was open for signature on 8.11.2001. It provides that each Party has to introduce the 
obligation  to  deposit  moving  image  material  forming  part  of  its  audiovisual  heritage  and 
having been produced or co-produced in the territory of the Party concerned.  

5. The transfer of the possession of cinematographic works to archiving bodies does not imply 
transferring copyright and related rights to them. Nevertheless, Directive 2001/29/EC of the 
European  Parliament  and  of  the  Council  of  22  May  2001  on  the  harmonisation  of  certain 
aspects  of  copyright  and  related  rights  in  the  information  society6  stipulates  that  Member 
States may provide for an exception or limitation in respect of specific acts of reproduction 
made  by  publicly  accessible  libraries  or  by  archives  which  are  not  for  direct  or  indirect 
economic or commercial advantage. 

6.  Finally,  the  cinematographic  industry  in  Europe  has  great  potential  for  creating 
employment and contributing to economic growth. This refers not only to the production and 

2 
3 
4 
5 
6 

OJ C 193, 11.7.2000. 
PE 312.517, not yet published in the Official Journal. 
Council Press Release 1457/03, OJ C 295/5, 5.12.2003. 
http://conventions.coe.int, Council of Europe, ETS No 183. 
OJ L 167, 22.06.2001. 

4 

 
 
  
 
                                                 
showing  of  films,  but  also  to  the  collection,  cataloguing,  preservation  and  restoration  of 
cinematographic  works.  The  conditions  for  the  competitiveness  of  these  industrial  activities 
related to film heritage need to be improved, especially as regards better use of technological 
developments, such as digitisation. 

7.  In  the  light  of  the  above,  the  Commission  proposes  adopting  a  Recommendation  of  the 
European Parliament and of the Council on film heritage and the competitiveness of related 
industrial  activities.  Member  States,  accession  countries  and  professionals  have  been 
consulted on the draft proposal,  within the framework of the Cinema  Expert Groups, which 
met on 9 and 19 January 2004 in Brussels. 

5 

 
 
  
 
EXPLANATORY MEMORANDUM 

4. 

INTRODUCTION 

The  Commission  Communication  on  certain 
to 
cinematographic  and  other  audiovisual  works7  examined  the  legal  deposit  of 
audiovisual  works  as  one  of  the  possible  ways  of  conserving  and  safeguarding  the 
European  audiovisual  heritage.  The  Commission  noted  that  while  there  was 
widespread  support  for  the  objective  of  conserving  and  safeguarding  the  European 
audiovisual  heritage,  there  were  different  views  on  the  legal  status  of  deposit  of 
audiovisual works.  

legal  aspects 

relating 

As  announced  in  the  Communication,  the  Commission  carried  out  a  stocktaking 
exercise  of the current situation  in the  Member  States.  A  questionnaire was sent to 
Member States, accession countries and EFTA countries on 26 March 2002.  

An  analysis  of  the  replies  shows  that  ten  Member  States  have  established  a  legal 
obligation  for  producers  to  deposit  their  cinematographic  works  in  the  national 
libraries or film institutes. For three other Member States, the obligation of deposit, 
established  by  law  or  by  contractual  relationship,  concerns  exclusively  films  that 
receive  public  funding.  In  two  Member  States,  the  deposit  is  done  on  a  voluntary 
basis.  In  summary,  four-fifths  of  Member  States  have  a  system  of  compulsory 
deposit for all or publicly financed works.  

The Commission set up two groups of cinema experts as a follow-up to the Cinema 
Communication:  one  composed  of  Member  States  representatives  and  one  of 
professionals. The Cinema  Member State Expert  Group discussed the protection of 
film heritage at its meetings of 20 September 2002 and 9 January 2004. The Cinema 
Professional  Expert  Group  also  discussed  the  matter  on  5  November  2002  and  19 
January 2004.  

Consultations  confirm  that  there  is  general  agreement  that  cinematographic  works 
are  an  important  part  of  Europe's  cultural  heritage.  According  to  the  replies  to  the 
questionnaire,  private  initiative  or  voluntary  systems  cannot  ensure  systematic 
deposit  and  preservation  of  all  cinematographic  works.  This  objective  can  only  be 
achieved via systematic deposit systems. In addition, there is a majority view that the 
national systems should be interlinked and best practices exchanged. 

5. 

CONTEXT 

Both  the  Council  and  the  European  Parliament  have  underlined  the  importance  of 
collecting and preserving the European film heritage. 

The Council has adopted two Resolutions on this matter. The first one, adopted on 26 
June 2000,8 called on Member States to cooperate in the restoration and conservation 
of  cinema  heritage,  including  through  recourse  to  digital  technologies,  to  exchange 
good  practice  in  this  sector,  to  encourage  progressive  networking  of  European 

7 
8 

COM(2001)534 final, 26.9.2001, OJ C 43/6, 16.2.2002. 
OJ C 193, 11.7.2000. 

6 

 
 
  
 
                                                 
archival  data  and  to  consider  the  possible  use  of  these  collections  for  educational 
purposes. The latest one, adopted on 24 November 2003,9 confirmed that European 
cinematographic works are an essential manifestation of the richness and diversity of 
European  cultures  and  that  they  constitute  a  heritage  that  has  to  be  conserved  and 
safeguarded  for  future  generations.  It  also  stressed  that  European  cinematographic 
works  forming  part  of  Member  States'  audiovisual  heritage  must  be  systematically 
deposited in national, regional or other archives, in order to ensure their preservation. 

In  its  Report  on  the  Commission  Communication  on  cinema  of  7  June  2002,10  the 
European Parliament stressed the need for a compulsory legal deposit of audiovisual 
works by Member States, in line with the European Convention for the protection of 
the  Audiovisual  Heritage.  In  the  view  of  the  European  Parliament,  legal  deposit 
should be compulsory for beneficiaries of State aid, as a transitional measure. 

In addition, the Council of Europe opened the Convention for the protection of the 
Audiovisual Heritage11 for signature on 8 November 2001. This Convention requires 
its  signatories  to  set  up  a  system  of  compulsory  legal  deposit  of  all  moving  image 
material,  and  voluntary  deposit  of  ancillary  material.  The  Convention  has  not  yet 
entered into force. 

6. 

SCOPE OF THE RECOMMENDATION 

The  Recommendation  focuses  on  cinematographic  works.  For  other  audiovisual 
works, e.g. television programmes, the Recommendation provides only for voluntary 
deposit. 

The  Recommendation  covers  all  aspects  of  film  heritage:  collection,  cataloguing, 
creation  of  databases,  preservation,  restoration,  and  use  for  educational,  academic, 
research and cultural purposes, and cooperation between the institutions responsible 
at European level. 

7. 

WHY A RECOMMENDATION FROM THE EUROPEAN PARLIAMENT AND THE COUNCIL 
RATHER THAN A RECOMMENDATION FROM THE COMMISSION? 

Given  that  the  harmonisation  of  laws  of  the  Member  States  is  excluded  from 
industrial  and  cultural  policies,  the  Community  is  bound  to  use  non-binding 
instruments, such as recommendations, to fulfil the tasks and obligations enshrined in 
the Treaty. 

The EC Treaty gives the Commission extensive powers to adopt Recommendations: 
Article 249 provides that “in order to carry out their task and in accordance with the 
provisions  of  this  Treaty  …  the  Commission  shall  ...  make  recommendations”. 
Article 211 states that “in order to ensure the proper functioning and development of 
the common market, the Commission shall … formulate recommendations or deliver 
opinions  on  matters  dealt  with  in  this  Treaty,  if  it  expressly  so  provides  or  if  the 
Commission considers it necessary”. 

9 
10 
11 

Council Press Release 1457/03, OJ C 295/5, 5.12.2003. 
PE 312.517, not yet published in the Official Journal. The Rapporteur was Luckas Vander Taelen. 
http://conventions.coe.int. 

7 

 
 
  
 
                                                 
Nevertheless, the Commission considers that a Recommendation from the European 
Parliament  and  the  Council  has  to  be  preferred  to  a  Recommendation  from  the 
Commission  on  this  matter,  for  two  reasons.  First  of  all,  the  Recommendation  in 
question  seeks  effective  cooperation  between  Member  States  on  the  protection  of 
film  heritage.  This  can  be  better  achieved  if  the  Recommendation  is  discussed  and 
adopted  by  the  Council.  Secondly,  the  European  Parliament  has  fully  backed  the 
need  to  preserve  film  heritage  in  two  Reports.12  Therefore,  it  seems  appropriate  to 
fully  involve  the  European  Parliament  in  the  discussion  and  adoption  of  the 
Recommendation.  The  involvement  of  the  European  Parliament  will  result  in  more 
public  debate  and  a  bigger  impact  of  the  Recommendation.  In  conclusion,  the 
objective  pursued  by  the  Community  can  be  better  achieved  by  the  adoption  of  a 
Recommendation  from  the  European  Parliament  and  the  Council  rather  than  a 
Recommendation from the Commission.  

8. 

LEGAL BASIS FOR THE RECOMMENDATION 

The cinematographic industry in Europe has great potential for creating employment 
and  contributing  to  economic  growth.  This  refers  not  only  to  the  production  and 
showing of films, but also to the collection, cataloguing, preservation and restoration 
of cinematographic works. The conditions for the competitiveness of these industrial 
activities  related  to  film  heritage  need  to  be  improved,  especially  as  regards  better 
use  of  technological  developments,  such  as  digitisation.  Therefore,  the  legal  basis 
proposed  for  the  Recommendation  is  Article  157  of  the  EC  Treaty,  which  requires 
the Community and the Member States to ensure that the conditions necessary for the 
competitiveness of the Community’s industry exists, with action aimed, inter alia, at 
fostering  better  exploitation  of  the  industrial  potential  of  policies  of  innovation, 
research and technological development.  

Article  157  has  already  formed  the  legal  basis  for  acts  adopted  in  the  field  of 
audiovisual  policy,  such  as  Council  Decision  of  20  December  2000  on  the 
implementation  of  a  programme  to  encourage  the  development,  distribution  and 
promotion of European audiovisual works (MEDIA Plus – Development, distribution 
and promotion 2001-2005)13 and Council Recommendation of 24 September 1998 on 
the development of the competitiveness of the European audiovisual and information 
services  industry  by  promoting  national  frameworks  aimed  at  achieving  a 
comparable and effective level of protection of minors and human dignity.14 

12 
13 
14 

PE 303.777, OJ C140, 2.6.2002, and PE 312.517, not yet published in the Official Journal. 
OJ L 13/35, 17.1.2001. 
OJ L 270/48, 7.10.1998. 

8 

 
 
  
 
                                                 
2004/0066 (COD) 

Proposal for a 

RECOMMENDATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

on film heritage and the competitiveness of related industrial activities 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
157 thereof, 

Having regard to the proposal from the Commission,15 

Having regard to the Opinion of the European Economic and Social Committee,16 

Having regard to the Opinion of the Committee of the Regions,17 

Acting in accordance with the procedure referred to in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Article 157 of the Treaty stipulates that the Community and the Member States must 
ensure  that  the  conditions  necessary  for  the  competitiveness  of  the  Community’s 
industry exist. 

Article 151(4) of the Treaty stipulates that the Community must take cultural aspects 
into account in its action under other provisions of the Treaty, in particular in order to 
respect and to promote the diversity of its cultures. 

The cinematographic industry in Europe has great potential for creating employment 
and  contributing  to  economic  growth.  This  refers  not  only  to  the  production  and 
showing of films, but also to the collection, cataloguing, preservation and restoration 
of cinematographic works. The conditions for the competitiveness of these industrial 
activities related to film heritage need to be improved, especially as regards better use 
of technological developments, such as digitisation 

The  Council  Resolution  of  26  June  200018  on  the  conservation  and  enhancement  of 
European cinema heritage calls on Member States to cooperate in the restoration and 
conservation of cinema heritage, including through recourse to digital technologies, to 
exchange  good  practice  in  this  sector,  to  encourage  progressive  networking  of 

15 
16 
17 
18 

OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ C […], […], p. […] 
OJ C 193, 11.7.2000. 

9 

 
 
  
 
                                                 
 
 
 
(5) 

(6) 

(7) 

(8) 

(9) 

European  archival  data  and  to  consider  the  possible  use  of  these  collections  for 
educational purposes. 

The Commission Communication on certain legal aspects relating to cinematographic 
and  other  audiovisual  works19  examined  the  legal  deposit  of  audiovisual  works  at 
national or regional level as one of the possible ways of conserving and safeguarding 
the European audiovisual heritage and launched a stocktaking exercise of the situation 
regarding  the  deposit  of  cinematographic  works  in  the  Member  States,  accession 
countries and EFTA countries. 

At  its  meeting  of  5  November  2001,20  the  Council  (Cultural/Audiovisual  Affairs) 
welcomed the content of the Commission Communication and the approach taken by 
the Commission. 

In  its  Report  on  the  Commission  Communication  on  cinema  of  7  June  2002,21  the 
European  Parliament  also  underlined 
the 
cinematographic heritage. 

importance  of  safeguarding 

the 

The  Council  Resolution  of  24  November  2003  on  the  deposit  of  cinematographic 
works  in  the  European  Union22  invited  Member  States  to  put  in  place  an  efficient 
system of deposit and preservation of the cinematographic works forming part of their 
audiovisual heritage in their national archives, film institutes or similar institutions, if 
such systems do not yet exist. 

The  European  Convention  for  the  protection  of  the  Audiovisual  Heritage23  provides 
that  each  Party  has  to  introduce  the  obligation  to  deposit  moving  image  material 
forming part of its audiovisual heritage and having been produced or co-produced in 
the territory of the Party concerned.  

(10)  All  Member  States  already  have  systems  in  place  for  collecting  and  preserving 
cinematographic works forming part of their audiovisual heritage. Four-fifths of these 
systems are based on a legal or contractual obligation to deposit all films, or at least 
those films that have received public support. 

(11) 

(12) 

“Moving  image  material”  means  any  set  of  moving  images  recorded  by  whatever 
means  and  on  whatever  medium,  whether  or  not  accompanied  by  sound,  capable  of 
conveying an impression of movement. 

“Cinematographic  work”  means  moving  image  material  of  any  length,  in  particular 
cinematographic works of fiction, cartoons and documentaries, which is intended to be 
shown in cinemas. 

(13)  Cinematography  is  an  art  form  contained  on  a  fragile  medium,  which  therefore 
requires  positive  action  from  the  public  authorities  to  ensure  its  preservation. 
Cinematographic  works  are  an  essential  component  of  our  cultural  heritage  and 
therefore merit full protection. 

19 
20 
21 
22 
23 

COM(2001)534 final, 26.9.2001, OJ C 43/6, 16.2.2002. 
2381st Council meeting – Cultural/Audiovisual Affairs (PRES/01/377, 5.11.2001). 
PE 312.517, not yet published in the Official Journal. 
Council Press Release 1457/03, OJ C 295/5, 5.12.2003. 
http://conventions.coe.int, Council of Europe, ETS No 183, open for signature on 8.11.2001. 

10 

 
 
  
 
                                                 
(14) 

In  addition  to  its  cultural  value,  cinematographic  works  are  a  source  of  historical 
information about European society. They are a comprehensive witness to history of 
the  richness  of  Europe's  cultural  identities  and  the  diversity  of  its  people. 
Cinematographic images are a crucial element for learning about the past and for civic 
reflection upon our civilisation. 

(15) 

In  order  to  ensure  that  the  European  film  heritage  is  passed  down  to  future 
generations, it has to be systematically collected, catalogued, preserved and restored, 
while respecting copyright and related rights. 

(16)  European film heritage should be made accessible for educational, academic, research 

and cultural purposes, without prejudice to copyright and related rights. 

(17)  Transferring  the  possession  of  cinematographic  works  to  archiving  bodies  does  not 

imply transferring copyright and related rights to them.  

(18)  Article 5(2)(c) of Directive 2001/29/EC of the European Parliament and of the Council 
of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights 
in  the  information  society24  stipulates  that  Member  States  may  provide  for  an 
exception  or  limitation  in  respect  of  specific  acts  of  reproduction  made  by  publicly 
accessible  libraries  or  by  archives  which  are  not  for  direct  or  indirect  economic  or 
commercial advantage.  

TAKE NOTE OF THE COMMISSION’S INTENTION: 

1. 

2. 

3. 

4. 

5. 

6. 

To  consider  making  it  compulsory  for  the  beneficiaries  of  EU  funding  to  deposit  a 
copy  of  European  films  that  have  obtained  EU  funding  in  at  least  one  national 
archive. 

To support cooperation between designated bodies. 

To consider the funding of research projects in the fields of long-term preservation 
and restoration of films. 

To  promote  European  standardisation  on  film  cataloguing,  with  the  purpose  of 
improving the interoperability of databases. 

To  facilitate  the  negotiation  of  a  standard  contract  at  European  level  between 
designated  bodies  and  copyright  holders  regulating  the  conditions  under  which 
designated  bodies  can  make  deposited  cinematographic  works  accessible  to  the 
public. 

To  monitor  and  assess  the  extent  to  which  the  measures  set  out  in  this 
Recommendation are working effectively, and to consider the need for further action.  

HEREBY RECOMMEND THAT MEMBER STATES: 

1. 

Adopt  appropriate 
that 
cinematographic  works  forming  part  of  their  national  audiovisual  heritage  are 
systematically  collected,  catalogued,  preserved,  restored  and  made  accessible  for 

legislative  or  administrative  measures 

to  ensure 

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2. 

3. 

4. 

5. 

6. 

7. 

8. 

educational,  academic,  research  and  cultural  purposes,  while  respecting  copyright 
and related rights, if these measures do not yet exist. 

Designate  appropriate  bodies,  which  could  be  national  or  regional  archives,  film 
institutes  or  similar  institutions,  to  carry  out  the  tasks  described  in  point  1  with 
independence  and  professionalism,  and  make  financial  and  technical  resources 
available to them. 

Encourage  the  designated  bodies  to  specify,  by  contract  with  rightholders,  the 
conditions  under  which  deposited  cinematographic  works  may  be  available  to  the 
public. 

Collection 

Undertake the systematic collection of cinematographic works forming part of their 
national audiovisual heritage through a legal or contractual obligation. When setting 
the conditions for the deposit, Member States have to ensure that:  

(a) they cover at least those productions or co-productions that have received public 
funding at national or regional level; 

(b)  the  deposited  copies  are  of  good  quality,  so  as  to  facilitate  preservation  and 
reproducibility, with accompanying metadata in standardised form, as appropriate; 

(c) deposit is done at the time when the film is made available to the public, and in 
any case not more than two years later.  

Cataloguing and creation of databases 

Adopt  appropriate  measures  to  promote  the  cataloguing  and  indexing  of  deposited 
cinematographic works, making use of European and international standards, as well 
as creating databases containing information about the films. 

Promote  the  interoperability  of  databases  and  their  availability  to  the  public,  for 
instance, through the internet. 

Invite archiving bodies to give value to stocks by organising them in collections at 
EU level, for instance, by theme, author, period, etc. 

Preservation 

Introduce  legislation  or  use  other  methods  in  accordance  with  national  practices  in 
order  to  ensure  preservation  of  deposited  cinematographic  works.  Preservation 
measures should include, in particular: 

(a) the reproduction of films on new storage mediums; 

(b)  the  preservation  of  equipment  for  showing  cinematographic  works  on  different 
mediums. 

Restoration 

12 

 
 
  
 
9. 

10. 

11. 

Permit, within their legislation, the reproduction of deposited cinematographic works 
for the purpose of restoration. 

Encourage plans for restoration of old films or films with high cultural or historical 
value. 

Making  deposited  cinematographic  works  accessible  for  educational,  academic, 
research and cultural purposes 

Adopt all the necessary legislation and administrative measures to allow designated 
bodies  to  make  deposited  cinematographic  works  accessible  for  educational, 
academic,  research  and  cultural  purposes,  while  respecting  copyright  and  related 
rights. 

Professional training 

12. 

Promote professional training in all fields related to film heritage. 

Voluntary deposit 

13. 

Consider a system of voluntary deposit of:  

(a) ancillary and publicity material related to cinematographic works forming part of 
the national audiovisual heritage; 

(b) cinematographic works forming part of national audiovisual heritages from other 
countries; 

(c) moving image material other than cinematographic works;  

(d) cinematographic works of the past. 

Cooperation between designated bodies 

14. 

Encourage,  and  support,  designated  bodies  to  exchange  information  and  coordinate 
their activities at national and European levels, for example, with the aim of:  

(a)  ensuring  the  coherence  of  collecting  methods  and  the  interoperability  of 
databases; 

(b) producing releases, for example on DVDs, of archival material with subtitles in 
the  maximum  number  of  languages  of  the  European  Union,  while  respecting 
copyright and related rights; 

(c) compiling a European audiovisual filmography; 

(d) developing a common standard for electronic information exchange; 

(e) producing common research and educational projects. 

Follow-up to the Recommendation 

15. 

Inform  the  Commission  every  two  years  of  action  taken  in  response  to  this 
Recommendation, 

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Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President  

14