Proposal for a Council Decision on the conclusion of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Date: 2005-12-21
Institutions: European Commission
Subjects: Unesco, cultural heritage, cultural pluralism, cultural relations, heritage protection, international agreement, the EU's international role

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2005 
COM(2005) 678 final 

2005/0268 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the UNESCO Convention on the Protection and Promotion 
of the Diversity of Cultural Expressions 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

In  October  2003  the  General  Conference  of  UNESCO  decided  unanimously  to  open 
negotiations on a convention on protecting the diversity of cultural contents and artistic 
expressions. Negotiations on a preliminary draft convention started in September 2004. 

The  Presidency  and  the  Commission  jointly  forwarded  a  communication  from  the 
Community  and  its  Member  States  to  UNESCO  on  15 November  2004,  and  the 
Council of Ministers adopted a Decision authorising the Commission to participate in 
negotiations on behalf of the Community on 16 November 2004.  

Three  sessions  of  negotiations  involving  government  experts  took  place  between 
September  2004  and  June  2005,  resulting,  at  the  third  session,  in  the  adoption  of  a 
revised  preliminary  draft  convention.  In  September  2005  the  Executive  Council  of 
UNESCO adopted a decision recommending the adoption of the draft convention at the 
General Conference in October 2005. 

The Convention was adopted by the General  Conference  of  UNESCO  on  20 October 
2005. 

The Council of Ministers, in authorising the Commission to negotiate on behalf of the 
Community  in  November  2004,  handed  down  negotiating  directives  calling  on  it  to 
ensure  that  the  Convention  included  the  necessary  clauses  for  the  Community  to 
become  party  to  it.  Consequently,  Article  27  of  the  Convention  establishes  the 
possibility  for  the  European  Community  to  become  a  contracting  party  and  play  an 
active role in the organs of the Convention, in particular the Conference of the Parties 
established by Article 22 of the Convention. 

It  is  therefore  important  for  the  European  Community  to  become  a  party  to  the 
Convention, together with the Member States of the European Union.  

The  purpose  of  the  present  proposal,  which  follows  the  approach  taken  in  the 
negotiations, is therefore to authorise the approval of the UNESCO Convention by the 
European Community. 

•  General framework 

The conditions for preserving and promoting cultural diversity in Europe and the world 
depend  not  only  on  economic  conditions,  but  also  on  a  multitude  of  other  structural 
factors.  The  size  of  markets,  the  presence  (or  not)  of  linguistic  minorities,  territories 
with  less  widely  spoken  languages,  links  with  national  or  regional  identities,  the 
material or non-material nature of traditions and cultural heritage, and historical links 
with  other  countries  are  also  elements  which  influence  the  conditions  for  cultural 
expression, culture consumption and cultural exchanges.  

At  European  level  this  diversity  of  situations  is  already  the  dominant  reality  and  has 
been  enriched  by  the  recent  historic  enlargement,  which  brought  in  ten  new  Member 
States.  Globalisation,  although  it  introduces  new  possibilities  for  exchanges  between 
cultures, can also threaten the more vulnerable cultures and give rise to standardisation 

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phenomena which are likely to jeopardise cultural diversity. 

The European Union has long recognised the dual nature — cultural and economic — 
of  cultural  goods  and  services,  and  Article  151(4)  of  the  Treaty  establishing  the 
European Community requires the Community to take cultural aspects into account in 
its  overall  action.  Yet  at  international  level  there  is  no  legally  binding  instrument 
recognising the specific nature of cultural expressions. 

The  UNESCO  Convention  on  the  Protection  and  Promotion  of  the  Diversity  of 
Cultural Expressions, adopted in Paris on 20 October 2005, aims to fill a legal vacuum 
in world governance by establishing a series of rights and obligations, at both national 
and  international  levels,  with  a  view  to  the  protection  and  promotion  of  cultural 
diversity.  This  instrument  should  play  a  similar  role  for  cultural  diversity  —  at  the 
same  normative  level  —  as  World  International  Property  Organisation  conventions, 
World  Trade  Organisation  agreements,  World  Health  Organisation  agreements  and 
Multilateral Environment Agreements. 

The  full  participation  of  the  European  Community  and  its  Member  States  in 
implementing the Convention will in particular contribute to: 

establishing  a  new  pillar  of  world  governance  with  the  aim  of  ensuring 

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protection and promotion of cultural diversity; 

emphasising  the  specific  and  dual  (cultural  and  economic)  nature  of  cultural 

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goods and services;  

recognising  the  role  and  legitimacy  of  public  policies  in  the  protection  and 

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promotion of cultural diversity;  

recognising  the  importance  of,  and  promoting,  international  cooperation  to 

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respond to cultural vulnerabilities, in particular with regard to developing countries; 

defining  appropriate  links  with  other  international  instruments  that  enable  the 

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Convention to be implemented effectively. 

•  Existing provisions in the area of the proposal 

As  this  is  a  procedural  proposal,  there  are  no  provisions  in  force  in  the  area  of  the 
proposal. 

•  Consistency with other policies and objectives of the Union 

The UNESCO Convention is consistent with the obligation placed on the Community 
by  Article  151(4)  of  the  EC  Treaty  to  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  objectives  of  the  proposal  are  consistent  with  the  objectives  of  other  Union 
policies  such  as  external  cooperation  policy  (especially  development  policy),  the 
common commercial policy, completion of the internal market (particularly as regards 
intellectual property), audiovisual and information society policy, and cultural action. 

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The  objectives  of  the  proposal  are  also  consistent  with  the  Charter  of  Fundamental 
Rights, especially the principle of promoting cultural diversity (Article 22). 

2)  CONSULTATION OF THE STAKEHOLDERS  

stakeholders, 

The 
sector 
representatives,  have  had  regular  exchanges  with  the  Commission  throughout  the 
convention negotiation process at UNESCO. 

in  particular  European  cultural  and  audiovisual 

A  consultation  meeting  was  organised  by  the  Commission  on  4 July  2005  following 
the  third  session  of  negotiations  between  government  experts,  to  discuss  the  revised 
preliminary draft convention. 

In the course of the negotiations at UNESCO, a large number of stakeholders informed 
the  Commission  of  their  full  support  for  the  common  standpoints  of  the  European 
Union  expressed  at  UNESCO  and  explicitly  recommended  the  adoption  of  the 
Convention by the General Conference of UNESCO in 2005. 

Consequently,  following  the  negotiations  on  whether  the  Community  should  become 
party  to  the  Convention,  no  additional  consultation  appeared  necessary,  as  there  had 
been  no  changes  in  the  situation  since  the  July  consultation.  The  text  adopted  on 
21 October by the UNESCO members is almost identical (apart from changes made by 
the  lawyer-linguists)  to  the  revised  preliminary  draft  resulting  from  the  third 
negotiation session.  

•  Obtaining and using expertise 

No recourse to external expertise was necessary. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Proposal for a Council Decision on the conclusion of the UNESCO Convention on the 
Protection and Promotion of the Diversity of Cultural Expressions. 

•  Legal basis 

Articles  89,  133,  151,  181  and  181a  in  conjunction  with  Article  300  of  the  Treaty 
establishing the European Community.  

•  Principle of subsidiarity 

The principle of subsidiarity applies, owing to the mixed nature of the powers assigned 
by the UNESCO Convention. 

As both Community and Member States' powers are concerned, joint ratification of the 
Convention by the Community and the Member States is required. 

The proposal is therefore consistent with the principle of subsidiarity. 

•  Principle of proportionality 

As it is a question of a procedural act, the principle of proportionality is not relevant. 

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•  Choice of instruments 

Proposed instrument(s): proposal for a Council Decision 

Other means would not have been adequate for the following reason: 

As it is a question of the ratification by the Community of an international normative 
text, a Council decision is the only appropriate legal instrument. 

4)  BUDGETARY IMPLICATIONS 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  European Economic Area 

This draft act does not come under the EEA Agreement. 

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2005/0268 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the UNESCO Convention on the Protection and Promotion 
of the Diversity of Cultural Expressions 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
89, 133, 151, 181 and 181a in conjunction with the first sentence of the first subparagraph of 
Article 300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas: 

(1) 

(2) 

(3) 

In November 2004 the Council authorised the Commission to participate, on behalf of 
the  European  Community,  in  negotiations  at  UNESCO  concerning  a  Convention  on 
the  Protection  and  Promotion  of  the  Diversity  of  Cultural  Expressions.  The 
Commission participated in these negotiations, together with the Member States. 

The  Convention  on  the  Protection  and  Promotion  of  the  Diversity  of  Cultural 
Expressions  was  adopted  at  the  General  Conference  of  UNESCO  in  Paris  on 
20 October 2005. 

The  Convention  constitutes  a  relevant  and  effective  pillar  for  promoting  cultural 
diversity and cultural exchanges, to which the European Community and its Member 
States  attach  the  greatest  importance.  It  contributes  towards  ensuring  mutual  respect 
and understanding between cultures at world level. 

(4) 

The Convention should be approved as soon as possible. 

(5) 

Both the Community and its Member States have competence in the fields covered by 
the  Convention.  The  Community  and  the  Member  States  should  therefore  become 
contracting  parties  to  it,  so  that  together  they  can  fulfil the  obligations  laid  down  by 
the  Convention  and  exercise  the  rights  invested  in  them  by  the  Convention  in 

1 
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OJ C , , p. . 
OJ C , , p. . 

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situations  of  mixed  competence  —  the  objective  being  to  ensure  the  uniform 
application of the Convention, 

HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

2. 

1. 

2. 

3. 

The  UNESCO  Convention  on  the  Protection  and  Promotion  of  the  Diversity  of 
Cultural Expressions is hereby approved on behalf of European Community. 

The text of the Convention is reproduced in Annex 1(a) to this Decision. 

Article 2 

The  President  of  the  Council  is  authorised  to  designate  the  person  or  persons 
empowered  to  deposit  the  instrument  of  accession  on  behalf  of  the  European 
Community with the Director-General of UNESCO, in accordance with Article 27(4) 
of  the  Convention  on  the  Protection  and  Promotion  of  the  Diversity  of  Cultural 
Expressions. 

The  President  of  the  Council  is  authorised  to  designate  the  person  or  persons 
empowered  to  deposit  on  behalf  of  the  European  Community  the  declaration  of 
responsibilities  reproduced  in  Annex  1(b)  to  this  Decision,  in  accordance  with 
Article 27(3)(c) of the Convention on the Protection and Promotion of the Diversity 
of Cultural Expressions. 

The  President  of  the  Council  is  authorised  to  designate  the  person  or  persons 
empowered  to  issue  the  Unilateral  Declaration  reproduced  in  Annex  2  to  this 
Decision at the time of the deposition of the instrument of accession. 

Article 3 

The Commission shall represent the European Community at meetings of the bodies created 
by the Convention, in particular the Conference of the Parties, and shall negotiate on its behalf 
concerning questions falling within the remit of those bodies. 

Done at Brussels,  

For the Council 
The President 

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ANNEX 1(a) 

CONVENTION  ON  THE  PROTECTION  AND  PROMOTION  OF  THE  DIVERSITY 
OF CULTURAL EXPRESSIONS  

PREAMBLE 

The  General  Conference  of  the  United  Nations  Educational,  Scientific  and  Cultural 
Organization, meeting in Paris from 3 to 21 October 2005 at its 33rd session, 

1. Affirming that cultural diversity is a defining characteristic of humanity, 

2.  Conscious  that  cultural  diversity  forms  a  common  heritage  of  humanity  and  should  be 
cherished and preserved for the benefit of all, 

3.  Being  aware  that  cultural  diversity  creates  a  rich  and  varied  world,  which  increases  the 
range of choices and nurtures human capacities and values, and therefore is a mainspring for 
sustainable development for communities, peoples and nations, 

4. Recalling that cultural diversity, flourishing within a framework of democracy, tolerance, 
social justice and mutual respect between peoples and cultures, is indispensable for peace and 
security at the local, national and international levels, 

5. Celebrating the importance of cultural diversity for the full realization of human rights and 
fundamental  freedoms  proclaimed  in  the  Universal  Declaration  of  Human  Rights  and  other 
universally recognized instruments, 

6.  Emphasizing  the  need  to  incorporate  culture  as  a  strategic  element  in  national  and 
international  development  policies,  as  well  as  in  international  development  cooperation, 
taking  into  account  also  the  United  Nations  Millennium  Declaration  (2000)  with  its  special 
emphasis on poverty eradication, 

7.  Taking  into  account  that  culture  takes  diverse  forms  across  time  and  space  and  that  this 
diversity is embodied in the uniqueness and plurality of the identities and cultural expressions 
of the peoples and societies making up humanity, 

8. Recognizing the importance of traditional knowledge as a source of intangible and material 
wealth,  and  in  particular  the  knowledge  systems  of  indigenous  peoples,  and  its  positive 
contribution  to  sustainable  development,  as  well  as  the  need  for  its  adequate  protection  and 
promotion, 

9.  Recognizing  the  need  to  take  measures  to  protect  the  diversity  of  cultural  expressions, 
including  its  contents,  especially  in  situations  where  cultural  expressions  may  be  threatened 
by the possibility of extinction or serious impairment, 

10. Emphasizing the importance of culture for social cohesion in general, and in particular its 
potential for the enhancement of the status and role of women in society, 

11. Being aware that cultural diversity is strengthened by the free flow of ideas, and that it is 
nurtured by constant exchanges and interaction between cultures, 

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12.  Reaffirming  that  freedom  of  thought,  expression  and  information  as  well  as  diversity  of 
the media enable cultural expressions to flourish within societies, 

13.  Recognizing  that  the  diversity  of  cultural  expressions,  including  traditional  cultural 
expressions, is an important factor that allows individuals and peoples to express and to share 
with others their ideas and values, 

14.  Recalling  that  linguistic  diversity  is  a  fundamental  element  of  cultural  diversity,  and 
reaffirming  the  fundamental  role  that  education  plays  in  the  protection  and  promotion  of 
cultural expressions, 

15.  Taking  into  account  the  importance  of  the  vitality  of  cultures,  including  for  persons 
belonging  to  minorities  and  indigenous  peoples,  manifested  in  their  freedom  to  create, 
disseminate and distribute their traditional cultural expressions and to have access thereto, so 
as to benefit from them for their own development, 

16. Emphasizing the vital role of cultural interaction and creativity, which nurture and renew 
cultural  expressions  and  enhance  the  role  played  by  those  involved  in  the  development  of 
culture for the progress of society at large, 

17. Recognizing the importance of intellectual property rights in sustaining those involved in 
cultural creativity, 

18.  Being  convinced  that  cultural  activities,  goods  and  services  conveying  identities,  values 
and meanings have both an economic and a cultural nature, and must therefore not be treated 
as solely having commercial value, 

19. Noting that while the processes of globalization, which have been facilitated by the rapid 
development  of 
technologies,  afford  unprecedented 
conditions  for  enhanced  interaction  between  cultures,  also  represent  a  challenge  for  cultural 
diversity, namely in view of risks of imbalances between rich and poor countries, 

information  and  communication 

20. Being aware of UNESCO’s specific mandate to ensure respect for the diversity of cultures 
and  to  recommend  such  international  agreements  as  may  be  necessary  to  promote  the  free 
flow of ideas by word and image, 

21. Referring to the provisions of the international instruments adopted by UNESCO relating 
to  cultural  diversity  and  the  exercise  of  cultural  rights,  and  in  particular  the  Universal 
Declaration on Cultural Diversity of 2001, 

Adopts, this Convention on this 20th of October 2005. 

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I. OBJECTIVES AND GUIDING PRINCIPLES 

Article 1 – Objectives 

The objectives of this Convention are: 

(a) to protect and promote the diversity of cultural expressions; 

(b)  to  create  the  conditions  for  cultures  to  flourish  and  to  freely  interact  in  a  mutually 
beneficial manner; 

(c) to encourage dialogue among cultures with a view to ensuring wider and balanced cultural 
exchanges in the world in favour of intercultural respect and a culture of peace; 

(d)  to  foster  interculturality  in  order  to  develop  cultural  interaction  in  the  spirit  of  building 
bridges among peoples; 

(e) to promote respect for the diversity of cultural expressions and raise awareness of its value 
at the local, national and international levels; 

(f) to reaffirm the importance of the link between culture and development for all countries, 
particularly  for  developing  countries  and  to  support  actions  undertaken  nationally  and 
internationally to secure recognition of the true value of this link; 

(g)  to  give  recognition  to  the  distinctive  nature  of  cultural  activities,  goods  and  services  as 
vehicles of identity, values and meaning; 

(h)  to  reaffirm  the  sovereign  rights  of  States  to  maintain,  adopt  and  implement  policies  and 
measures  that  they  deem  appropriate  for  the  protection  and  promotion  of  the  diversity  of 
cultural expressions on their territory; 

(i) to strengthen international cooperation and solidarity in a spirit of partnership with a view, 
in  particular,  to  enhancing  the  capacities  of  developing  countries  in  order  to  protect  and 
promote the diversity of cultural expressions. 

Article 2 – Guiding Principles 

1. Principle of respect for human rights and fundamental freedoms 

Cultural  diversity  can  be  protected  and  promoted  only  if  human  rights  and  fundamental 
freedoms,  such  as  freedom  of  expression,  information  and  communication,  as  well  as  the 
ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the 
provisions of this Convention in order to infringe human rights and fundamental freedoms as 
enshrined in the Universal Declaration of Human Rights or guaranteed by international law or 
to limit the scope thereof. 

2. Principle of sovereignty 

States  have,  in  accordance  with  the  Charter  of  the  United  Nations  and  the  principles  of 
international law, the sovereign right to adopt measures and policies to protect and promote 
the diversity of cultural expressions within their territory. 

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3. Principle of equal dignity of and respect for all cultures 

The  protection  and  promotion  of  the  diversity  of  cultural  expressions  presuppose  the 
recognition of equal dignity of and respect for all cultures, including the cultures of persons 
belonging to minorities and indigenous peoples. 

4. Principle of international solidarity and cooperation 

International  cooperation  and  solidarity  should  be  aimed  at  enabling  countries,  especially 
developing  countries,  to  create  and  strengthen  their  means  of  cultural  expression,  including 
their cultural industries, whether nascent or established, at the local, national and international 
levels. 

5. Principle of the complementarity of economic and cultural aspects of development 

Since culture is one of the mainsprings of development, the cultural aspects of development 
are as important as its economic aspects, which individuals and peoples have the fundamental 
right to participate in and enjoy. 

6. Principle of sustainable development 

Cultural diversity is a rich asset for individuals and societies. The protection, promotion and 
maintenance of cultural diversity are an essential requirement for sustainable development for 
the benefit of present and future generations. 

7. Principle of equitable access 

Equitable access to a rich and diversified range of cultural expressions from all over the world 
and  access  of  cultures  to  the  means  of  expressions  and  dissemination  constitute  important 
elements for enhancing cultural diversity and encouraging mutual understanding. 

8. Principle of openness and balance 

When States adopt measures to support the diversity of cultural expressions, they should seek 
to promote, in an appropriate manner, openness to other cultures of the world and to ensure 
that these measures are geared to the objectives pursued under the present Convention. 

II. SCOPE OF APPLICATION 

Article 3 – Scope of application 

This Convention shall apply to the policies and measures adopted by the Parties related to the 
protection and promotion of the diversity of cultural expressions. 

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III. DEFINITIONS 

Article 4 – Definitions 

For the purposes of this Convention, it is understood that: 

1. Cultural diversity 

“Cultural diversity” refers to the manifold ways in which the cultures of groups and societies 
find expression. These expressions are passed on within and among groups and societies. 

Cultural  diversity  is  made  manifest  not  only  through  the  varied  ways  in  which  the  cultural 
heritage of humanity is expressed, augmented and transmitted through the variety of cultural 
expressions  but  also  through  diverse  modes  of  artistic  creation,  production,  dissemination, 
distribution  and  enjoyment  of  cultural  expressions,  whatever  the  means  and  technologies 
used. 

2. Cultural Content 

“Cultural content” refers to the symbolic meaning, artistic dimension and cultural values that 
originate from or express cultural identities. 

3. Cultural expressions 

“Cultural  expressions”  refers  to  those  expressions  that  result  from  the  creativity  of 
individuals, groups and societies, and that have cultural content. 

4. Cultural activities, goods and services 

“Cultural activities, goods and services” refers to those activities, goods and services, which 
at  the  time  they  are  considered  as  a  specific  attribute,  use  or  purpose,  embody  or  convey 
cultural expressions, irrespective of the commercial value they may have. Cultural activities 
may be an end in themselves, or they may contribute to the production of cultural goods and 
services. 

5. Cultural industries 

“Cultural industries” refers to industries producing and distributing cultural goods or services 
as defined in paragraph 4 above. 

6. Cultural policies and measures 

“Cultural  policies  and  measures”  refers  to  those  policies  and  measures  related  to  culture, 
whether at the local, national, regional or international level that are either focused on culture 
as such or are designed to have a direct effect on cultural expressions of individuals, groups or 
societies,  including  on  the  creation,  production,  dissemination,  distribution  of  and  access  to 
cultural activities, goods and services. 

7. Protection 

“Protection”  means  the  adoption  of  measures  aimed  at  the  preservation,  safeguarding  and 
enhancement of the diversity of cultural expressions. 

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“Protect” means to adopt such measures. 

8. Interculturality 

“Interculturality” refers to the existence and equitable interaction of diverse cultures and the 
possibility of generating shared cultural expressions through dialogue and mutual respect. 

IV. RIGHTS AND OBLIGATIONS OF PARTIES 

Article 5 – General rule regarding rights and obligations 

1.  The  Parties,  in  conformity  with  the  Charter  of  the  United  Nations,  the  principles  of 
international  law  and  universally  recognized  human  rights  instruments,  reaffirm  their 
sovereign  right  to  formulate  and  implement  their  cultural  policies  and  to  adopt  measures  to 
protect  and  promote  the  diversity  of  cultural  expressions  and  to  strengthen  international 
cooperation to achieve the purposes of this Convention. 

2. When a Party implements policies and takes measures to protect and promote the diversity 
of cultural expressions within its territory, its policies and measures shall be consistent with 
the provisions of this Convention. 

Article 6 – Rights of Parties at the national level 

1.  Within  the  framework  of  its  cultural  policies  and  measures  as  defined  in  Article  4.6  and 
taking  into  account  its  own  particular  circumstances  and  needs,  each  Party  may  adopt 
measures  aimed  at  protecting  and  promoting  the  diversity  of  cultural  expressions  within  its 
territory. 

2. Such measures may include the following: 

(a) regulatory measures aimed at protecting and promoting diversity of cultural expressions; 

(b)  measures  that  provide  opportunities  in  an  appropriate  manner  for  domestic  cultural 
activities, goods  and services among  the  full range  of cultural activities, goods and services 
available within the national territory with regard to the creation, production, dissemination, 
distribution and enjoyment of such domestic cultural activities, goods and services, including 
provisions relating to the language used therefor; 

(c) measures aimed at providing domestic independent cultural industries and activities in the 
informal sector effective access to the means of production, dissemination and distribution of 
cultural activities, goods and services; 

(d) measures aimed at providing public financial assistance; 

(e)  measures  aimed  at  encouraging  non-profit  organizations,  as  well  as  public  and  private 
institutions  and  artists  and  other  cultural  professionals,  to  develop  and  promote  the  free 
exchange  and  circulation  of  ideas,  cultural  expressions  and  cultural  activities,  goods  and 
services, and to stimulate both the creative and entrepreneurial spirit in their activities; 

(f) measures aimed at establishing and supporting public institutions, as appropriate; 

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(g) measures aimed at nurturing and supporting artists and others involved in the creation of 
cultural expressions; 

(h)  measures  aimed  at  enhancing  diversity  of  the  media  including  through  public  service 
broadcasting. 

Article 7 – Measures to promote cultural expressions 

1.  Parties  shall  endeavour  to  create  in  their  territory  an  environment  that  encourages 
individuals and social groups: 

(a)  to  create,  produce,  disseminate,  distribute  and  have  access  to  their  own  cultural 
expressions, paying due attention to the special circumstances and needs of women as well as 
various social groups, including persons belonging to minorities and indigenous peoples; 

(b) to have access to diverse cultural expressions from within their territory as well as from 
other countries of the world. 

2.  Parties  shall  also  endeavour  to  recognize  the  important  contribution  of  artists,  others 
involved  in  the  creative  process,  cultural  communities,  and  organizations  that  support  their 
work, and their central role in nurturing the diversity of cultural expressions. 

Article 8 – Measures to protect cultural expressions 

1. Without prejudice to the provisions of Articles 5 and 6, a Party may determine those special 
situations  where  cultural  expressions  on  its  territory  are  at  risk  of  extinction,  under  serious 
threat, or otherwise in need of urgent safeguarding. 

2.  Parties  may  take  all  appropriate  measures  to  protect  cultural  expressions  in  situations 
referred to in paragraph 1 in a manner consistent with the provisions of this Convention. 

3.  Parties  shall  report  to  the  Intergovernmental  Committee  all  measures  taken  to  meet  the 
exigencies of the situation, and the Committee may make appropriate recommendations. 

Article 9 – Information sharing and transparency 

Parties shall: 

(a) provide appropriate information in their reports to UNESCO every four years on measures 
taken to protect and promote the diversity of cultural expressions within their territory and at 
the international level; 

(b)  designate  a  point  of  contact  responsible  for  information  sharing  in  relation  to  this 
Convention; 

(c) share and exchange information relating to the protection and promotion of the diversity of 
cultural expressions. 

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Article 10 – Education and public awareness 

Parties shall: 

(a) encourage and promote understanding of the importance of the protection and promotion 
of  the  diversity  of  cultural  expressions,  inter  alia,  through  educational  and  greater  public 
awareness programmes; 

(b) cooperate with other Parties and international and regional organizations in achieving the 
purpose of this article; 

(c)  endeavour  to  encourage  creativity  and  strengthen  production  capacities  by  setting  up 
educational,  training  and  exchange  programmes  in  the  field  of  cultural  industries.  These 
measures  should  be  implemented  in  a  manner  that  does  not  have  a  negative  impact  on 
traditional forms of production. 

Article 11 – Participation of civil society 

Parties  acknowledge  the  fundamental  role  of  civil  society  in  protecting  and  promoting  the 
diversity  of  cultural  expressions.  Parties  shall  encourage  the  active  participation  of  civil 
society in their efforts to achieve the objectives of this Convention. 

Article 12 – Promotion of international cooperation 

Parties shall endeavour to strengthen their bilateral, regional and international cooperation for 
the creation of conditions conducive to the promotion of the diversity of cultural expressions, 
taking particular account of the situations referred to in Articles 8 and 17, notably in order to: 

(a) facilitate dialogue among Parties on cultural policies and measures; 

(b)  enhance  public  sector  strategic  and  management  capacities  in  cultural  public  sector 
institutions,  through  professional  and  international  cultural  exchanges  and  sharing  of  best 
practices; 

(c) reinforce partnerships with and among civil society, non-governmental organizations and 
the private sector in fostering and promoting the diversity of cultural expressions; 

(d)  promote  the  use  of  new  technologies,  encourage  partnerships  to  enhance  information 
sharing and cultural understanding, and foster the diversity of cultural expressions; 

(e) encourage the conclusion of co-production and co-distribution agreements. 

Article 13 – Integration of culture in sustainable development 

Parties shall endeavour to integrate culture in their development policies at all levels for the 
creation  of  conditions  conducive  to  sustainable  development  and,  within  this  framework, 
foster aspects relating to the protection and promotion of the diversity of cultural expressions. 

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Article 14 – Cooperation for development 

Parties  shall  endeavour  to  support  cooperation  for  sustainable  development  and  poverty 
reduction,  especially  in  relation  to  the  specific  needs  of  developing  countries,  in  order  to 
foster the emergence of a dynamic cultural sector by, inter alia, the following means: 

1. The strengthening of the cultural industries in developing countries through: 

(a)  creating  and  strengthening  cultural  production  and  distribution  capacities  in  developing 
countries; 

(b)  facilitating  wider  access  to the  global  market  and  international  distribution  networks  for 
their cultural activities, goods and services; 

(c) enabling the emergence of viable local and regional markets; 

(d)  adopting,  where  possible,  appropriate  measures  in  developed  countries  with  a  view  to 
facilitating access to their territory for the cultural activities, goods and services of developing 
countries; 

(e) providing support for creative work and facilitating the mobility, to the extent possible, of 
artists from the developing world; 

(f) encouraging appropriate collaboration between developed and developing countries in the 
areas, inter alia, of music and film. 

2. Capacity-building through the exchange of information, experience and expertise as well as 
the  training  of  human  resources  in  developing  countries,  in  the  public  and  private  sector 
relating  to,  inter  alia,  strategic  and  management  capacities,  policy  development  and 
implementation,  promotion  and  distribution  of  cultural  expressions,  small-,  medium-  and 
micro-enterprise development, the use of technology, and skills development and transfer. 

3. The transfer of technology and know-how through the introduction of appropriate incentive 
measures, especially in the areas of cultural industries and enterprises. 

4. Financial support through: 

(a) the establishment of an International Fund for Cultural Diversity as provided in Article 18; 

(b)  the  provision  of  official  development  assistance,  as  appropriate,  including  technical 
assistance, to stimulate and support creativity; 

(c)  other  forms  of  financial  assistance  such  as  low  interest  loans,  grants  and  other  funding 
mechanisms. 

Article 15 – Collaborative arrangements 

Parties  shall  encourage  the  development  of  partnerships,  between  and  within  the  public  and 
private sectors and non-profit organizations, in order to cooperate with developing countries 
in  the  enhancement  of  their  capacities  in  the  protection  and  promotion  of  the  diversity  of 
cultural expressions. These innovative partnerships shall, according to the practical needs of 

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developing countries, emphasize the  further  development  of  infrastructure,  human  resources 
and policies, as well as the exchange of cultural activities, goods and services. 

Article 16 – Preferential treatment for developing countries 

Developed countries shall facilitate cultural exchanges with developing countries by granting, 
through  the  appropriate  institutional  and  legal  frameworks,  preferential  treatment  to  artists 
and other cultural professionals and practitioners, as well as cultural goods and services from 
developing countries. 

Article  17  –  International  cooperation  in  situations  of  serious  threat  to  cultural 
expressions 

Parties  shall  cooperate  in  providing  assistance  to  each  other,  in  particular  to  developing 
countries, in situations referred to under Article 8. 

Article 18 – International Fund for Cultural Diversity 

1.  An  “International  Fund  for  Cultural  Diversity”,  hereinafter  referred  to  as  “the  Fund”,  is 
hereby established. 

2.  The  Fund  shall  consist  of  funds-in-trust  established  in  accordance  with  the  Financial 
Regulations of UNESCO. 

3. The resources of the Fund shall consist of: 

(a) voluntary contributions made by Parties; 

(b) funds appropriated for this purpose by the General Conference of UNESCO; 

(c)  contributions,  gifts  or  bequests  by  other  States;  organizations  and  programmes  of  the 
United  Nations  system,  other  regional  or  international  organizations;  and  public  or  private 
bodies or individuals; 

(d) any interest due on resources of the Fund; 

(e) funds raised through collections and receipts from events organized for the benefit of the 
Fund; 

(f) any other resources authorized by the Fund’s regulations. 

4. The use of resources of the Fund shall be decided by the Intergovernmental Committee on 
the basis of guidelines determined by the Conference of Parties. 

5. The Intergovernmental Committee may accept contributions and other forms of assistance 
for  general  and  specific  purposes  relating  to  specific  projects,  provided  that  those  projects 
have been approved by the Intergovernmental Committee. 

6. No political, economic or other conditions that are incompatible with the objectives of this 
Convention may be attached to contributions made to the Fund. 

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7.  Parties  shall  endeavour  to  provide  voluntary  contributions  on  a  regular  basis  towards  the 
implementation of this Convention. 

Article 19 – Exchange, analysis and dissemination of information 

1.  Parties  agree  to  exchange  information  and  share  expertise  concerning  data  collection  and 
statistics on the diversity of cultural expressions as well as on best practices for its protection 
and promotion. 

2. UNESCO shall facilitate, through the use of existing mechanisms within the Secretariat, the 
collection, analysis and dissemination of all relevant information, statistics and best practices. 

3.  UNESCO  shall  also  establish  and  update  a  data  bank  on  different  sectors  and 
governmental,  private  and  non-profit  organizations  involved  in  the  area  of  cultural 
expressions. 

4.  To  facilitate  the  collection  of  data,  UNESCO  shall  pay  particular  attention  to 
capacitybuilding and the strengthening of expertise for Parties that submit a request for such 
assistance. 

5.  The  collection  of  information  identified  in  this  Article  shall  complement  the  information 
collected under the provisions of Article 9. 

V. RELATIONSHIP TO OTHER INSTRUMENTS 

Article 20 – Relationship to other treaties: mutual supportiveness, complementarity and 
nonsubordination 

1.  Parties  recognize  that  they  shall  perform  in  good  faith  their  obligations  under  this 
Convention  and  all  other  treaties  to  which  they  are  parties.  Accordingly,  without 
subordinating this Convention to any other treaty, 

(a) they shall foster mutual supportiveness between this Convention and the other treaties to 
which they are parties; and 

(b)  when  interpreting  and  applying  the  other  treaties  to  which  they  are  parties  or  when 
entering  into  other  international  obligations,  Parties  shall  take  into  account  the  relevant 
provisions of this Convention. 

2. Nothing in this Convention shall be interpreted as modifying rights and obligations of the 
Parties under any other treaties to which they are parties. 

Article 21 – International consultation and coordination 

Parties  undertake  to  promote  the  objectives  and  principles  of  this  Convention  in  other 
international forums. For this purpose, Parties shall consult each other, as appropriate, bearing 
in mind these objectives and principles. 

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VI. ORGANS OF THE CONVENTION 

Article 22 – Conference of Parties 

1. A Conference of Parties shall be established. The Conference of Parties shall be the plenary 
and supreme body of this Convention. 

2.  The  Conference  of  Parties  shall  meet  in  ordinary  session  every  two  years  in  conjunction 
with the General Conference of UNESCO to the extent possible. It may meet in extraordinary 
session if it so decides or if the Intergovernmental Committee receives a request to that effect 
from at least one third of the Parties. 

3. The Conference of Parties shall adopt its own rules of procedure. 

4. The functions of the Conference of Parties shall be, inter alia: 

(a) to elect the Members of the Intergovernmental Committee; 

(b)  to  receive  and  examine  reports  of  the  Parties  to  the  Convention  transmitted  by  the 
Intergovernmental Committee; 

(c) to approve the operational guidelines prepared upon its request by the Intergovernmental 
Committee; 

(d) to take whatever other measures it may consider necessary to further the objectives of this 
Convention. 

Article 23 – Intergovernmental Committee 

1.  An  Intergovernmental  Committee  for  the  Protection  and  Promotion  of  the  Diversity  of 
Cultural Expressions (hereinafter referred to as “the Intergovernmental Committee”) shall be 
established within UNESCO. It shall be composed of representatives of 18 States Parties to 
the Convention, elected for a term of four years by the Conference of Parties upon entry into 
force of this Convention pursuant to Article 29. 

2. The Intergovernmental Committee shall meet annually. 

3. The Intergovernmental Committee shall function under the authority and guidance of, and 
be accountable to the Conference of Parties. 

4.  The  Members  of  the  Intergovernmental  Committee  shall  be  increased  to  24  once  the 
number of Parties to the Convention reaches 50. 

5.  The  election  of  Members  of  the  Intergovernmental  Committee  shall  be  based  on  the 
principles of equitable geographical representation as well as rotation. 

6.  Without  prejudice  to  the  other  responsibilities  conferred  upon  it  by  this  Convention,  the 
functions of the Intergovernmental Committee shall be: 

(a)  to  promote  the  objectives  of  this  Convention  and  to  encourage  and  monitor  the 
implementation thereof; 

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(b)  to  prepare  and  submit  for  approval  by  the  Conference  of  Parties,  upon  its  request,  the 
operational  guidelines  for  the  implementation  and  application  of  the  provisions  of  the 
Convention; 

(c) to transmit to the Conference of Parties reports from Parties to the Convention, together 
with its comments and a summary of their contents; 

(d) to make appropriate recommendations to be taken in situations brought to its attention by 
Parties  to  the  Convention  in  accordance  with  relevant  provisions  of  the  Convention,  in 
particular Article 8; 

(e)  to  establish  procedures  and  other  mechanisms  for  consultation  aimed  at  promoting  the 
objectives and principles of this Convention in other international forums; 

(f) to perform any other tasks as may be requested by the Conference of Parties. 

7. The Intergovernmental Committee, in accordance with its rules of procedure, may invite at 
any  time  public  or  private  organizations  or  individuals  to  participate  in  its  meetings  for 
consultation on specific issues. 

8.  The  Intergovernmental Committee shall prepare and  submit to  the Conference  of Parties, 
for approval, its own rules of procedure. 

Article 24 – UNESCO Secretariat 

1. The organs of the Convention shall be assisted by the UNESCO Secretariat. 

2.  The  Secretariat  shall  prepare  the  documentation  of  the  Conference  of  Parties  and  the 
Intergovernmental Committee as well as the agenda of their meetings and shall assist in and 
report on the implementation of their decisions. 

VII. FINAL CLAUSES 

Article 25 – Settlement of disputes 

1. In the event of a dispute between Parties to the Convention concerning the interpretation or 
the application of this Convention, the Parties shall seek a solution by negotiation. 

2. If the Parties concerned cannot reach agreement by negotiation, they may jointly seek the 
good offices of, or request mediation by, a third party. 

3. If good offices or mediation are not undertaken or if there is no settlement by negotiation, 
good offices or mediation, a Party may have recourse to conciliation in accordance with the 
procedure laid down in the Annex of this Convention. The Parties shall consider in good faith 
the proposal made by the Conciliation Commission for the resolution of the dispute. 

4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it 
does  not  recognize  the  conciliation  procedure  provided  for  above.  Any  Party  having  made 
such a declaration may, at any time, withdraw this declaration by notification to the Director-
General of UNESCO. 

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Article 26 – Ratification, acceptance, approval or accession by Member States 

1.  This  Convention  shall  be  subject  to  ratification,  acceptance,  approval  or  accession  by 
Member States of UNESCO in accordance with their respective constitutional procedures. 

2. The instruments of ratification, acceptance, approval or accession shall be deposited with 
the Director-General of UNESCO. 

Article 27 – Accession 

1.  This  Convention  shall  be  open  to  accession  by  all  States  not  members  of  UNESCO  but 
members of the United Nations, or of any of its specialized agencies, that are invited by the 
General Conference of UNESCO to accede to it. 

2.  This  Convention  shall  also  be  open  to  accession  by  territories  which  enjoy  full  internal 
selfgovernment  recognized  as  such  by  the  United  Nations,  but  which  have  not  attained  full 
independence  in  accordance  with  General  Assembly  resolution  1514  (XV),  and  which  have 
competence over the matters governed by this Convention, including the competence to enter 
into treaties in respect of such matters. 

3. The following provisions apply to regional economic integration organizations: 

(a)  This  Convention  shall  also  be  open  to  accession  by  any  regional  economic  integration 
organization, which shall, except as provided below, be fully bound by the provisions of the 
Convention in the same manner as States Parties; 

(b) In the event that one or more Member States of such an organization is also Party to the 
Convention,  the  organization  and  such  Member  State  or  States  shall  decide  on  their 
responsibility for the performance of their obligations under the Convention. Such distribution 
of responsibility shall take effect following completion of the notification procedure described 
in sub-paragraph (c). The organization and the Member States shall not be entitled to exercise 
rights  under  the  Convention  concurrently.  In  addition,  regional  economic  integration 
organizations,  in  matters  within  their  competence,  shall  exercise  their  rights  to  vote  with  a 
number  of  votes  equal  to  the  number  of  their  Member  States  that  are  Parties  to  the 
Convention.  Such  an  organization  shall  not  exercise  its  right  to  vote  if  any  of  its  Member 
States exercises its right, and vice-versa; 

(c) A regional economic integration organization and its Member State or States which have 
agreed  on  a  distribution  of  responsibilities  as  provided  in  subparagraph  (b)  shall  inform  the 
Parties of any such proposed distribution of responsibilities in the following manner: 

(i)  in  their  instrument  of  accession,  such  organization  shall  declare  with  specificity,  the 
distribution of their responsibilities with respect to matters governed by the Convention; 

(ii)  in  the  event  of  any  later  modification  of  their  respective  responsibilities,  the  regional 
economic  integration  organization  shall  inform  the  depositary  of  any  such  proposed 
modification of their respective responsibilities; the depositary shall in turn inform the Parties 
of such modification; 

(d) Member States of a regional economic integration organization which become Parties to 
this Convention shall be presumed to retain competence over all matters in respect of which 

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transfers of competence to the organization have not been specifically declared or informed to 
the depositary; 

(e)  “Regional  economic  integration  organizations”  means  an  organization  constituted  by 
sovereign  States,  members  of  the  United  Nations  or  of  any  of  its  specialized  agencies,  to 
which  those  States  have  transferred  competence  in  respect  of  matters  governed  by  this 
Convention and which has been duly authorized, in accordance with its internal procedures, to 
become a Party to it. 

4. The instrument of accession shall be deposited with the Director-General of UNESCO. 

Article 28 – Point of contact 

Upon becoming Parties to this Convention, each Party shall designate a “point of contact” as 
referred to in Article 9. 

Article 29 – Entry into force 

1. This Convention shall enter into force three months after the date of deposit of the thirtieth 
instrument  of  ratification,  acceptance,  approval  or  accession,  but  only  with  respect  to  those 
States  or  regional  economic  integration  organizations  that  have  deposited  their  respective 
instruments of ratification, acceptance, approval, or accession on or before that date. It shall 
enter into force with respect to any other Party three months after the deposit of its instrument 
of ratification, acceptance, approval or accession. 

2.  For  the  purposes  of  this  Article,  any  instrument  deposited  by  a  regional  economic 
integration  organization  shall  not  be  counted  as  additional  to  those  deposited  by  Member 
States of the organization. 

Article 30 – Federal or non-unitary constitutional systems 

Recognizing  that  international  agreements  are  equally  binding  on  Parties  regardless  of  their 
constitutional systems, the following provisions shall apply to Parties which have a federal or 
nonunitary constitutional system: 

(a)  with  regard  to  the  provisions  of  this  Convention,  the  implementation  of  which  comes 
under the legal jurisdiction of the federal or central legislative power, the obligations of the 
federal  or  central  government  shall  be  the  same  as  for  those  Parties  which  are  not  federal 
States; 

(b) with regard to the provisions of the Convention, the implementation of which comes under 
the jurisdiction of individual constituent units such as States, counties, provinces, or cantons 
which  are  not  obliged  by  the  constitutional  system  of  the  federation  to  take  legislative 
measures,  the  federal  government  shall  inform,  as  necessary,  the  competent  authorities  of 
constituent units such as States, counties, provinces or cantons of the said provisions, with its 
recommendation for their adoption. 

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Article 31 – Denunciation 

1. Any Party to this Convention may denounce this Convention. 

2. The denunciation shall be notified by an instrument in writing deposited with the Director-
General of UNESCO. 

3.  The  denunciation  shall  take  effect  12  months  after  the  receipt  of  the  instrument  of 
denunciation.  It  shall  in  no  way  affect  the  financial  obligations  of  the  Party  denouncing  the 
Convention until the date on which the withdrawal takes effect. 

Article 32 – Depositary functions 

The  Director-General  of  UNESCO,  as  the  Depositary  of  this  Convention,  shall  inform  the 
Member States of the Organization, the States not members of the Organization and regional 
economic integration organizations referred to in Article 27, as well as the United Nations, of 
the deposit of all the instruments of ratification, acceptance, approval or accession provided 
for in Articles 26 and 27, and of the denunciations provided for in Article 31. 

Article 33 – Amendments 

1.  A  Party  to  this  Convention  may,  by  written  communication  addressed  to  the  Director-
General, propose  amendments  to  this  Convention.  The Director-General shall circulate  such 
communication  to  all  Parties.  If,  within  six  months  from  the  date  of  dispatch  of  the 
communication,  no  less  than  one  half  of  the  Parties  reply  favourably  to  the  request,  the 
Director-General shall present such proposal to the next session of the Conference of Parties 
for discussion and possible adoption. 

2. Amendments shall be adopted by a two-thirds majority of Parties present and voting. 

3.  Once  adopted,  amendments  to  this  Convention  shall  be  submitted  to  the  Parties  for 
ratification, acceptance, approval or accession. 

4. For Parties which have ratified, accepted, approved or acceded to them, amendments to this 
Convention shall enter into force three months after the deposit of the instruments referred to 
in  paragraph  3  of  this  Article  by  two  thirds  of  the  Parties.  Thereafter,  for  each  Party  that 
ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into 
force  three  months  after  the  date  of  deposit  by  that  Party  of  its  instrument  of  ratification, 
acceptance, approval or accession. 

5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 23 
concerning the number of Members of the Intergovernmental Committee. These amendments 
shall enter into force at the time they are adopted. 

6.  A  State  or  a  regional  economic  integration  organization  referred  to  in  Article  27  which 
becomes  a  Party  to  this  Convention  after  the  entry  into  force  of  amendments  in  conformity 
with  paragraph  4  of  this  Article  shall,  failing  an  expression  of  different  intention,  be 
considered to be: 

(a) Party to this Convention as so amended; and 

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(b)  a  Party  to  the  unamended  Convention  in  relation  to  any  Party  not  bound  by  the 
amendments. 

Article 34 – Authoritative texts 

This  Convention  has  been  drawn  up  in  Arabic,  Chinese,  English,  French,  Russian  and 
Spanish, all six texts being equally authoritative. 

Article 35 – Registration 

In conformity with Article 102 of the Charter of the United Nations, this Convention shall be 
registered with the Secretariat of the United Nations at the request of the Director-General of 
UNESCO. 

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ANNEX 

CONCILIATION PROCEDURE 

Article 1 – Conciliation 

A  Conciliation  Commission  shall  be  created  upon  the  request  of  one  of  the  Parties  to  the 
dispute.  The  Commission  shall,  unless  the  Parties  otherwise  agree,  be  composed  of  five 
members,  two  appointed  by  each  Party  concerned  and  a  President  chosen  jointly  by  those 
members. 

Article 2 – Members of the Commission 

In  disputes  between  more  than  two  Parties,  Parties  in  the  same  interest  shall  appoint  their 
members of the Commission jointly by agreement. Where two or more Parties have separate 
interests  or  there  is  a  disagreement  as  to  whether  they  are  of  the  same  interest,  they  shall 
appoint their members separately. 

Article 3 – Appointments 

If any appointments by the Parties are not made within two months of the date of the request 
to create a Conciliation Commission, the Director-General of UNESCO shall, if asked to do 
so by the Party that made the request, make those appointments within a further two-month 
period. 

Article 4 – President of the Commission 

If a President of the Conciliation Commission has not been chosen within two months of the 
last  of  the  members  of  the  Commission  being  appointed,  the  Director-General  of  UNESCO 
shall, if asked to do so by a Party, designate a President within a further two-month period. 

Article 5 – Decisions 

The  Conciliation  Commission  shall  take  its  decisions  by  majority  vote  of  its  members.  It 
shall, unless the Parties to the dispute otherwise agree, determine its own procedure. It shall 
render a proposal for resolution of the dispute, which the Parties shall consider in good faith. 

Article 6 – Disagreements 

A disagreement as to whether the Conciliation Commission has competence shall be decided 
by the Commission. 

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ANNEX 1(b) 

DECLARATION  OF  THE  EUROPEAN  COMMUNITY  IN  APPLICATION  OF 
ARTICLE  27(3)(C)  OF  THE  CONVENTION  ON  THE  PROTECTION  AND 
PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS  

The  current  members  of  the  European  Community  are  the  Kingdom  of  Belgium,  the  Czech 
Republic,  the  Kingdom  of  Denmark,  the  Federal  Republic  of  Germany,  the  Republic  of 
Estonia,  the  Hellenic  Republic,  the  Kingdom  of  Spain,  the  French  Republic,  Ireland,  the 
Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, 
the  Grand  Duchy  of  Luxembourg,  the  Republic  of  Hungary,  the  Republic  of  Malta,  the 
Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese 
Republic,  the  Republic  of  Slovenia,  the  Slovak  Republic,  the  Republic  of  Finland,  the 
Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.  

This Declaration indicates the responsibilities transferred to the Community by the Member 
States under the Treaties, in the areas covered by the Convention. 

The  Community  has  exclusive  responsibility  for  the  common  commercial  policy  (Articles 
131-134 of the Treaty). It conducts a development cooperation policy (Articles 177-181 of the 
Treaty) and a policy of cooperation with industrialised countries (Article 181a of the Treaty) 
without  prejudice  to  the  respective  competences  of  the  Member  States.  It  has  shared 
competence as regards the free movement of goods, persons, services and capital (Articles 23-
31 and 39-60 of the Treaty), competition (Articles 87-89) and the internal market, including 
intellectual property (Articles 94-97 of the Treaty). Pursuant to Article 151 of the Treaty, in 
particular paragraph 4 thereof, the Community takes 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  Community  acts  listed  below  illustrate  the  extent  of  the  area  of  competence  of  the 
Community in accordance with the provisions establishing the European Community. 

Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the 
European Community, as regards matters within its competence, of the Agreements reached 
in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ L 336, 23.12.1994 ). 

Council  Regulation  (EC)  No  2501/2001  of  10 December  2001  applying  a  scheme  of 
generalised  tariff  preferences  for  the  period  from  1 January  2002  to  31 December  2004  - 
Statements  on  a  Council  Regulation  applying  a  scheme  of  generalised  tariff  preferences  for 
the period from 1 January 2002 to 31 December 2004 (OJ L 346, 31.12.2001, p. 0001 – 0060) 

Council  Decision  2005/599/EC  of  21  June  2005  concerning  the  signing,  on  behalf  of  the 
European  Community,  of  the  Agreement  amending  the  Partnership  Agreement  between  the 
members  of  the  African,  Caribbean  and  Pacific  Group  of  States,  of  the  one  part,  and  the 
European Community and its Member States, of the other part, signed in Cotonou on 23 June 
2000 (OJ L 203 11.08.2005, p. 26-27). 

Council Regulation (EC) No 2698/2000 amending Regulation (EC) No 1488/96 on financial 
and  technical  measures  to  accompany  the  reform  of  economic  and  social  structures  in  the 
framework of the Euro-Mediterranean partnership (MEDA) (OJ L 311, 12.12.2000, p. 0001-
0008). 

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Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic 
of Hungary and the Polish People's Republic, and subsequent amendments, still applicable to 
Bulgaria and Romania (OJ L 375 , 23/12/1989 P. 0011 – 0012) 

Council Regulation (EC) No 2666/2000 on assistance for Albania, Bosnia and Herzegovina, 
Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia 
and repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and 
(EEC)  No  1360/90  and  Decisions  97/256/EC  and  1999/311/EC  (OJ  L  306,  7.12.2000, 
p. 0001-0006) 

Council Regulation (EEC) No 443/92 on financial and technical assistance to, and economic 
cooperation with, the developing countries in Asia and Latin  America  (OJ L 52, 27.2.1992, 
p. 0001-0006) 

Council Regulation (EC, Euratom) No 99/2000 concerning the provision of assistance to the 
partner States in Eastern Europe and Central Asia (OJ L 12, 18.1.2000, p. 0001-0009) 

Decision  No  792/2004/EC  of  the  European  Parliament  and  of  the  Council  establishing  a 
Community  action  programme  to  promote  bodies  active  at  European  level  in  the  field  of 
culture (OJ L 138, 30.04.2004, p. 40) 

Decision  No  508/2000/EC  of  the  European  Parliament  and  the  Council,  establishing  the 
Culture 2000 programme (OJ L 063, 10.03.2000, p. 1) 

Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999 
establishing a Community action for the European Capital of Culture event for the years 2005 
to 2019 (OJ L 166, 01.07.1999, p. 1) 

Council Decision of 22 September 1997 regarding the future of European cultural action (OJ 
C 305, 07.10.1997, p. 1) 

Council  Decision  of  22  September  1997  on  cross-border  fixed  book  prices  in  European 
linguistic areas (OJ C 305, 07.10.1997, p. 2) 

Council  Directive  89/552/EEC  of  3  October  1989  on  the  coordination  of  certain  provisions 
laid  down  by  Law,  Regulation  or  Administrative  Action  in  Member  States  concerning  the 
pursuit of television broadcasting  activities (OJ L 298, 17.10.1989, p. 23).  Directive  amended 
by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.07.1997, p. 60) 

Council  Decision  2000/821/EC  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)  (OJ  L  336,  30.12.2000,  p.  0082-
0091) 

Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 
on the implementation of a training programme for professionals in the European audiovisual 
programme industry (MEDIA-Training) (2001-2005) (OJ L 026, 27.01.2001, p. 0001-0009) 

Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the 
application of Article 93 of the EC Treaty (OJ L 083 , 27/03/1999, p. 1) 

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Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the 
application of Article 93 of the EC Treaty (OJ L 83 27.03.1999, p.1), relating to State aid 

Directive  2004/48/EC  on  the  enforcement  of  intellectual  property  rights  (OJ  L  157, 
30.04.2004, p. 0045 – 0086) 

Directive 2001/29/EC of the European Parliament and of the Council on the harmonisation of 
certain  aspects  of  copyright  and  related  rights  in  the  information  society  (OJ  L  167, 
22.6.2001, p. 0010-0019) 

Directive 2001/84/EC of the European Parliament and of the Council on the resale right for 
the benefit of the author of an original work of art (OJ L 272, 13.10.2001, p. 0032-0036) 

Directive  93/83/EEC  on  the  coordination  of  certain  rules  concerning  copyright  and  rights 
related to copyright applicable to satellite broadcasting and  cable retransmission (OJ L 248, 
06.10.1993, p. 0015-0021) 

Council  Directive  93/98/EEC  harmonising  the  term  of  protection  of  copyright  and  certain 
related rights (OJ L 290, 24.11.1993, p. 0009-0013) 

Council Directive 92/100/EEC on rental right and lending right and on certain rights related to 
copyright in the field of intellectual property (OJ L 346, 27.11.1992, p. 0061-0066) 

The exercise of Community competence is, by its nature, subject to continuous development. 
In  this  respect,  therefore,  the  Commission  reserves  the  right  to  notify  other  future 
declarations. 

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ANNEX 2 

UNILATERAL DECLARATION ON BEHALF OF THE COMMUNITY IN 
CONNECTION WITH DEPOSITION OF THE INSTRUMENT OF ACCESSION 

“As regards the Community responsibilities described in the Declaration pursuant to Article 
27(3)(c)  of  the  Convention,  the  Community  is  bound  by  the  Convention  and  will  ensure  its 
due implementation. It follows that the Member States of the Community which are party to 
the Convention do not apply the provisions of the Convention and cannot rely on the rights or 
obligations  ensuing  from  the  Convention  in  their  mutual  relations  in  as  far  as  Community 
provisions  exist  in  the  fields  covered  by  the  Convention.  However,  the  Convention  is 
applicable to relations between the Community and its Member States on the one side and the 
other parties to the Convention on the other.”  

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