European Parliament resolution on working towards a Convention on the protection of the diversity of cultural content and artistic expression
Date: 2005-04-14
Institutions: European Parliament
Subjects: UN convention, Unesco, cultural cooperation, cultural object, cultural pluralism, cultural policy, culture industry, international cooperation

9.2.2006

EN

Official Journal of the European Union

C 33 E/591

Thursday 14 April 2005

E.

F.

whereas the Treaty establishing a Constitution for Europe provides an appropriate legal basis to draw
up and implement Community action in the field of sport,

whereas there are increasing pressures on athletes who face gruelling demands, media and economic
pressures,

Emphasises that the use of chemical performance-enhancing substances is contrary to the values of

1.
sport as a social, cultural and educational activity;

2.
Notes that, whilst the use of drugs has been evident throughout the history of sport, doping is today
taking a new and ever more dangerous turn through the use of substances such as growth hormones and
erythropoietin, and through practices such as blood transfusions;

3.

4.

Is concerned for the physical and psychological health of professional and amateur athletes;

Stresses the importance of longitudinal independent medical monitoring;

Calls on the Commission to take action to ensure that the European Union's external borders are

5.
effectively controlled and to fight trafficking in illegal substances;

Calls on the Commission to implement an effective and integrated policy in all related fields, notably

6.
public health, prevention, education and pharmaceutical research;

Calls on the Commission to support a sustained information campaign in order to establish an effec-

7.
tive prevention policy;

Calls on the Member States, together with the Commission, to intensify their collaboration within the
8.
World Anti-Doping Agency (WADA), the Council of Europe and the World Health Organization in a way
which enables the European Union to act effectively with regard to the prevention and control of doping;

9.
Calls on the Commission to involve all those concerned with sport in the decision-making process
with regard to doping, in order to effectively address the problem and to promote a clean image of sports
and physical exercise;

10.
Calls on the Commission to encourage coordination between the Member States in order to develop
common effective methods for controlling and certifying the use of chemical substances and compounds in
gyms and sports centres frequented by young people in particular;

Calls on the Commission to propose, in the Seventh Framework Programme, further research into

11.
different methods of doping detection and control;

12.
Instructs its President to forward this resolution to the Council, the Commission, the governments
and parliaments of the Member States and of the accession countries, national and international sports
federations, the FEI (International Federation for Equestrian Sports), the Council of Europe, the International
Olympic Committee and the WADA.

P6_TA(2005)0135

Cultural diversity

European Parliament resolution on working towards a Convention on the protection of the diver-
sity of cultural content and artistic expression

The European Parliament,

— having regard to its resolution of 14 January 2004 on preserving and promoting cultural diversity: the
role of the European regions and international organisations such as Unesco and the Council of
Europe (1),

(1) OJ C 92 E, 16.4.2004, p. 322.

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Thursday 14 April 2005

— having regard to the communication from the Commission ‘Towards an international instrument on

cultural diversity’ (COM(2003)0520),

— having regard to its resolution of 12 March 2003 on the General Agreement on Trade in Services

(GATS) within the WTO, including cultural diversity (1),

— having regard to the Unesco Universal Declaration on Cultural Diversity of 2 November 2001,

— having regard to Article 149(1) and Article 151 of the EC Treaty,

— having regard to the Preamble to and Article 22 of the Charter of Fundamental Rights of the European

Union,

— having regard to Article I-3(3), fourth subparagraph, of the Treaty establishing a Constitution for
Europe, affirming that the Union shall respect its rich cultural and linguistic diversity, and shall ensure
that Europe's cultural heritage is safeguarded and enhanced, and to Article III-315(4), third subpara-
graph, affirming the unanimity rule in Council when negotiating and concluding agreements in the
field of trade in cultural and audiovisual services, where these risk prejudicing the Union's cultural and
linguistic diversity,

— having regard to the decision of Unesco's General Conference on 17 October 2003 to launch work
towards the elaboration of a draft Convention on cultural diversity for the next session of the General
Conference in 2005,

— having regard to Rule 108(5) of its Rules of Procedure,

A. whereas meetings of independent experts took place between December 2003 and May 2004 with a

view to producing a first preliminary draft convention,

B.

C.

whereas, starting in September 2004, a series of intergovernmental meetings has been taking place in
order to finalise the preliminary draft Convention and report,

whereas the Unesco Universal Declaration on Cultural Diversity adopted in November 2001 was a
welcome step towards international cooperation but has proved to be an inadequate response to
threats to cultural diversity in a globalising world,

D. whereas the draft Unesco Convention has as its objective the provision and protection of the diversity
of cultural contents and artistic expressions, and whereas it aims to facilitate the development and
adoption of cultural policies and appropriate measures for the protection and promotion of the diver-
sity of cultural expressions as well as to encourage wider international cultural exchanges,

E.

F.

whereas the aim of the Convention relates to cultural matters — an area where, in the light of Arti-
cle 151 of the Treaty, the Community does not possess harmonisation powers — the measures by
which those objectives are pursued may include provisions that affect the ‘acquis communautaire’; in
other words, the draft Unesco Convention is a mixed agreement and includes a number of provisions
that fall within Community competences,

whereas the Council therefore agreed on 16 November 2004 that the Commission be authorised to
negotiate on behalf of the Community those parts of the Unesco draft text which fall within Com-
munity competence,

G. whereas Member States are under an obligation to cooperate closely with the Community to ensure

unity in negotiating and concluding any text,

H. whereas Article 300 of the Treaty lays down the procedural rules with regard to Community agree-
ments and includes consultation with the European Parliament on the proposal to conclude such an
agreement,

I.

whereas it is important, with regard to a mixed agreement, that there is close cooperation between
Member States and all Community institutions,

(1) OJ C 61 E, 10.3.2004, p. 289.

9.2.2006

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Official Journal of the European Union

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Thursday 14 April 2005

1.
Points out that the Convention must be a tool of international cooperation in favour of cultural
development, believes that the draft Convention represents a serious attempt to address the challenges
posed to cultural diversity through globalisation and international trade policy and welcomes the process
of establishing a binding standard-setting instrument for the protection of cultural diversity;

Believes that Member States must make every effort to coordinate their positions, among themselves

2.
and with the Community;

3.
Expresses its concern that any lack of unity will undermine the Community's position and credibility
in the negotiations and stresses the importance of EU unity and the need for Parliament to be fully involved
in defining a clear mandate, as well as taking into account the views expressed by civil society;

Insists that the Commission should not only provide the Council with updates on the negotiations

4.
within Unesco, but must also ensure that Parliament is kept fully informed;

Believes that the proposed Unesco Convention must very clearly underline the right of States Parties to
5.
develop, maintain and implement policies and laws designed to promote and protect cultural diversity and
media pluralism; considers that it is essential to strengthen the rights enshrined in the Convention and that
any attempts to dilute or weaken these rights in any way through the Convention must be resisted;

6.
Believes that the Convention must recognise the very important role played by public services, notably
public service broadcasters, in safeguarding, supporting and developing cultural diversity and identity and
access for all citizens to quality content and knowledge;

Stresses that, while cultural services and products have a dual nature as economic and cultural goods,

7.
they cannot be equated with ordinary merchandise;

Stresses also that access to a diversified supply of cultural contents, both national and from all regions

8.
of the world, is a fundamental right;

9.
Insists that the European Union and its Member States should do nothing in the process of the
negotiation and conclusion of this Convention to compromise cultural diversity or undermine the ability
of governments to support cultural diversity and identity;

Calls on the Unesco General Conference and the negotiating parties to ensure that the Convention

10.
relates to all forms of cultural expression;

Calls on all negotiating parties to make every effort to finalise the draft in order to enable the next

11.
Unesco General Conference meeting in October 2005 in Paris to accept it;

12.

Believes that media pluralism must be a fundamental principle of the Convention;

Insists that the Convention must guarantee transparency, the principle of proportionality and demo-

13.
cratic principles;

Insists that the Convention must be based upon the principles of individual human rights as laid
including the right to freedom of information and opinion, and to

instruments,

14.
down in international
intellectual property;

15.
Believes that the issue of the relationship between international trade law and the future Unesco
Convention is a key aspect, which should best be approached in such a way that the protection of cultural
diversity is given at least the same priority as other policies, and on no account a lesser priority;

Believes that the Convention must provide for a simple, single, binding mechanism for settling dis-

16.
putes, in order to develop, in international law, case-law relating to cultural diversity;

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Official Journal of the European Union

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9.2.2006

Thursday 14 April 2005

Believes that any definition of cultural

17.
industries in the Convention should include not only the
production but also the creation, publication, promotion, distribution, exhibition, provision, sale, collection,
storage and preservation of cultural goods and services;

Believes that the Convention should recognise the importance of both direct and indirect public

18.
financial aid and that States Parties may determine the nature, amount and beneficiaries of such aid;

19.
Believes that States should retain the right to organise, fund and define the remit of public service
institutions devoted to safeguarding cultural diversity and media pluralism, notably that of public service
broadcasters, in order to ensure their democratic and social relevance for their societies, and that this must
also apply in the digital knowledge age;

Believes, therefore, that the Convention must protect the rights of States Parties to extend their
20.
cultural policies to new media content and new means of distribution and that the principle of technologi-
cal neutrality must be explicitly mentioned in the Convention;

21. Welcomes the proposal for a Cultural Diversity Observatory within Unesco, which must operate in
collaboration with the professional organisations;

22.
Instructs its President to forward this resolution to the Council, the Commission, the governments of
the Member States and of the accession countries, the Committee of the Regions, the European Economic
and Social Committee, the Council of Europe and Unesco.

P6_TA(2005)0136

Bangladesh

The European Parliament,

European Parliament resolution on Bangladesh

— having regard to the Cooperation Agreement between the European Community and the People's

Republic of Bangladesh on partnership and development (1),

— having regard to the mounting criticism of numerous and worsening abuses of human rights by
official forces and fundamentalist religious organisations expressed by the Economic and Social Coun-
cil of the United Nations in February 2005 (E/CN.4/2005/NGO/32), the US Department of State also
in February 2005 (Country Report on Human Rights Practices in Bangladesh 2004) and Amnesty
International (for example, Urgent Action 061/2005),

— having regard to the Declaration by the Presidency on behalf of the EU on the attack in Habiganj,

Bangladesh, on 29 January 2005,

— having regard to Rule 115 of its Rules of Procedure,

A.

B.

concerned about repeated bomb attacks on key opposition politicians, minority religious groups, jour-
nalists and NGO representatives, in particular about the two recent grenade attacks where two promi-
nent opposition politicians were targeted — Sheikh Hasina, Head of the Awami League and former
Prime Minister, on 21 August 2004, and Shah Mohammad Kibria,
former Finance Minister, on
27 January 2005, who was assassinated,

concerned about recent political developments in Bangladesh, where the risk of fundamentalism seems
to be growing and where poor governance, corruption and nepotism have severely undermined the
rule of law, including safeguards in the constitution to protect fundamental rights in Bangladesh,

(1) OJ L 118, 27.4.2001, p. 48.