2006/515/EC: Council Decision of  18 May 2006  on the conclusion of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions
Date: 2006-05-18
Institutions: Council of the European Union
Subjects: Unesco, cultural pluralism, cultural policy, cultural promotion, cultural relations, heritage protection, international convention

25.7.2006

EN

Official Journal of the European Union

L 201/15

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 May 2006

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

(2006/515/EC)

THE COUNCIL OF THE EUROPEAN UNION,

contributes towards ensuring mutual respect and under-
standing between cultures at world level.

establishing the European
Having regard to the Treaty
Community, and in particular Articles 133, 151, 181 and
181a in conjunction with the second 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 Commission,

Having regard to the Opinion of the European Parliament (1),

(4)

(5)

Whereas:

The UNESCO Convention should be approved as soon as
possible.

Both the Community and its Member States have
competence in the fields covered by the UNESCO
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 UNESCO Convention and exercise the rights
invested in them by it, in situations of mixed competence
in a coherent manner,

(1)

(2)

(3)

to

on

behalf

participate,

the Council

authorised
of

the
In November 2004,
Commission
the
Community, in negotiations at the United Nations Educa-
tional, Scientific and Cultural Organisation (UNESCO)
concerning
Protection and
Promotion of the Diversity of Cultural Expressions, here-
inafter referred to as the ‘UNESCO Convention’. The
Commission participated in these negotiations, together
with the Member States.

a Convention on the

The UNESCO Convention was adopted at the General
Conference of UNESCO in Paris on 20 October 2005.

The UNESCO Convention constitutes a relevant and
effective pillar
for promoting cultural diversity and
cultural exchanges, to which both the Community, as
the Treaty, and its
reflected in Article 151(4) of
It
Member States,

attach the greatest

importance.

(1) Opinion delivered on 27.4.2006 (not yet published in the Official

Journal).

HAS DECIDED AS FOLLOWS:

Article 1

The UNESCO Convention on the

1.
Protection and
Promotion of the Diversity of Cultural Expressions is hereby
approved on behalf of the Community.

The text of

2.
Annex 1(a) to this Decision.

the UNESCO Convention is contained in

Article 2

The President of

1.
is hereby authorised to
the Council
designate the person(s) empowered to deposit the instrument
of accession, on behalf of the Community, with the Director-
General of UNESCO,
in accordance with Article 27(4) of the
UNESCO Convention.

L 201/16

EN

Official Journal of the European Union

25.7.2006

The President of

is hereby authorised to
the Council
2.
designate the person(s) empowered to deposit, on behalf of
the Community, the declaration of competence contained in
Annex 1(b)
in accordance with Article
27(3)(c) of the UNESCO Convention.

to this Decision,

The President of

3.
is hereby authorised to
the Council
designate the person(s) empowered to issue the Unilateral
Declaration reproduced in Annex 2 to this Decision at the
time of the deposition of the instrument of accession.

at meetings of the bodies created by the UNESCO Convention,
in particular the Conference of the Parties referred to in Article
22 thereof, and shall negotiate on its behalf concerning
questions falling within the remit of those bodies.

Article 4

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 18 May 2006.

Article 3

In respect of matters
falling within the Community's
competence, the Commission shall represent the Community

For the Council
The President

Franz MORAK

25.7.2006

EN

Official Journal of the European Union

L 201/17

ANNEX 1(a)

CONVENTION

on the protection and promotion of the diversity of cultural expressions

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,

AFFIRMING that cultural diversity is a defining characteristic of humanity,

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

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,

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,

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,

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,

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,

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,

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

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

for the

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,

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

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,

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,

L 201/18

EN

Official Journal of the European Union

25.7.2006

TAKING INTO ACCOUNT the importance of the vitality of cultures, including for persons belonging to minorities and
indigenous peoples, as manifested in their freedom to create, disseminate and distribute their traditional cultural
expressions and to have access thereto, so as to benefit them for their own development,

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,

RECOGNIZING the importance of intellectual property rights in sustaining those involved in cultural creativity,

BEING CONVINCED that cultural activities, goods and services have both an economic and a cultural nature, because they
convey identities, values and meanings, and must therefore not be treated as solely having commercial value,

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

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,

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 20 OCTOBER 2005.

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;

(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 appro-
priate 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.

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

Article 2

Guiding principles

(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;

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 funda-
mental freedoms as enshrined in the Universal Declaration
of Human Rights or guaranteed by international law, or to
limit the scope thereof.

25.7.2006

EN

Official Journal of the European Union

L 201/19

2. Principle of sovereignty

and the principles of

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

international

law,

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 deve-
lopment 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.

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, whatever the means and technologies used.

2. Cultural content

‘Cultural content’ refers to the symbolic meaning, artistic
dimension and cultural values
from or
express cultural identities.

that originate

3. Cultural expressions

‘Cultural expressions’ are those expressions that result from
the creativity of individuals, groups and societies, and that
have cultural content.

4. Cultural activities, goods and services

refers

‘Cultural activities, goods and services’
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.

8. Principle of openness and balance

5. Cultural industries

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

they should seek to promote,

to other cultures of

II. SCOPE OF APPLICATION

Article 3

Scope of application

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

Parties

the

‘Cultural industries’ refers to industries producing and distri-
buting 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 relating to culture, whether at the local, national,
regional or international
that are either focused on
culture as such or are designed to have a direct effect on
cultural expressions of
societies,
including on the creation, production, dissemination, distri-
bution of and access to cultural activities, goods and services.

individuals, groups or

level

L 201/20

EN

Official Journal of the European Union

25.7.2006

7. Protection

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

“Protect” means to adopt such measures.

(iii) 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;

(iv) measures aimed at providing public financial assistance;

8. Interculturality

‘Interculturality’ refers to the existence and equitable inter-
action of diverse cultures and the possibility of generating
shared cultural expressions through dialogue and mutual
respect.

(v) 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
in their
activities;

spirit

IV. RIGHTS AND OBLIGATIONS OF PARTIES

(vi) measures aimed at establishing and supporting public

Article 5

institutions, as appropriate;

General rule regarding rights and obligations

the principles of

The Parties, in conformity with the Charter of the United
1.
Nations,
law and universally
international
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.

(vii) measures aimed at nurturing and supporting artists and

others involved in the creation of cultural expressions;

(viii) measures aimed at enhancing diversity of
including through public service broadcasting.

the media,

Article 7

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.

Measures to promote cultural expressions

Parties shall endeavour to create in their territory an envi-

1.
ronment which encourages individuals and social groups:

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.

(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 mino-
rities 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.

Such measures may include the following:

(i)

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

(ii) measures that, in an appropriate manner, provide oppor-
tunities for domestic cultural activities, goods and services
among all those available within the national territory for
the creation, production, dissemination, distribution and
enjoyment of such domestic cultural activities, goods
and
to the
including provisions
language used for such activities, goods and services;

services,

relating

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 the existence of special situations where
cultural expressions on its territory are at risk of extinction,
under serious threat, or otherwise in need of urgent safe-
guarding.

25.7.2006

EN

Official Journal of the European Union

L 201/21

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

in situations

expressions

cultural

Parties shall report to the Intergovernmental Committee
the
the situation, and the Committee may make

3.
referred to in Article 23 all measures taken to meet
exigencies of
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;

Article 12

Promotion of international cooperation

cooperation for

Parties shall endeavour to strengthen their bilateral, regional and
conditions
international
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:

creation of

the

(a)

facilitate dialogue among Parties on cultural policy;

(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-
in
governmental organizations and the private sector
fostering
cultural
expressions;

promoting

diversity

and

the

of

(b) designate a point of contact responsible for information

sharing in relation to this Convention;

(d) promote the use of new technologies, encourage part-
nerships to enhance information sharing and cultural under-
standing, and foster the diversity of cultural expressions;

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

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
through educational and greater
expressions,
public awareness programmes;

inter alia,

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

(c) endeavour

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

(e) encourage the conclusion of co-production and co-distri-

bution 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
foster
sustainable development and, within this framework,
aspects
the
diversity of cultural expressions.

relating to the protection and promotion of

Article 14

Cooperation for development

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

inter alia,

(a)

the strengthening of the cultural
countries through:

industries in developing

Article 11

Participation of civil society

(i)

creating and strengthening cultural production and
distribution capacities in developing countries;

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.

(ii)

facilitating wider access to the global market and inter-
national
cultural
activities, goods and services;

distribution networks

their

for

L 201/22

EN

Official Journal of the European Union

25.7.2006

(iii) enabling the emergence of viable local and regional

Article 16

markets;

(iv) 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;

(v) providing support for creative work and facilitating the
to the extent possible, of artists from the

mobility,
developing world;

(vi) encouraging appropriate collaboration between deve-
loped and developing countries in the areas, inter alia,
of music and film;

(b) 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 capa-
cities, 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;

(c)

technology transfer through the introduction of appropriate
incentive measures for the transfer of technology and know-
how, especially in the areas of cultural industries and enter-
prises;

Preferential treatment for developing countries

Developed countries shall
facilitate cultural exchanges with
developing countries by granting, through the appropriate insti-
tutional 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,
and,
in situations
in particular
referred to under Article 8.

to developing countries,

Article 18

International Fund for Cultural Diversity

An International Fund for Cultural Diversity, hereinafter

1.
referred to as ‘the Fund’, is hereby established.

The Fund shall consist of

2.
accordance with the Financial Regulations of Unesco.

funds-in-trust established in

3.

The resources of the Fund shall consist of:

(d) financial support through:

(a) voluntary contributions made by Parties;

(i)

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

(b) funds

appropriated for

this purpose by the General

Conference of Unesco;

(ii)

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

(iii) other forms of financial assistance such as low interest

loans, grants and other funding mechanisms.

Article 15

Collaborative arrangements

shall

encourage

in the enhancement of

the development of partnerships,
Parties
between and within the public and private sectors and non-
in order to cooperate with developing
profit organizations,
in the
countries
cultural
protection and promotion of
expressions. These innovative partnerships shall, according to
the practical needs of developing countries, emphasize the
further development of
infrastructure, human resources and
policies, as well as the exchange of cultural activities, goods
and services.

their capacities
the diversity of

(c) contributions, gifts or bequests by other States; organi-
zations 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 guide-
lines determined by the Conference of Parties referred to in
Article 22.

25.7.2006

EN

Official Journal of the European Union

L 201/23

The Intergovernmental Committee may accept contri-
5.
butions and other forms of assistance for general and specific
purposes
those
projects have been approved by it.

relating to specific projects, provided that

Nothing in this Convention shall be interpreted as
the Parties under any

2.
modifying rights and obligations of
other treaties to which they are parties.

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

Parties shall endeavour to provide voluntary contributions
this
the

implementation of

regular basis

towards

7.
on a
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
its
protection and promotion.

for

facilitate,

Unesco shall

2.
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 orga-
nizations involved in the area of cultural expressions.

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.

VI. ORGANS OF THE CONVENTION

Article 22

Conference of Parties

A Conference of Parties

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

shall be

The Conference of Parties shall meet in ordinary session
2.
every two years, as far as possible,
in conjunction with the
General Conference of Unesco. 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.

The Conference of Parties shall adopt its own rules of

3.
procedure.

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

4.
alia:

The functions of the Conference of Parties shall be, inter

The collection of
the

5.
shall
provisions of Article 9.

complement

information identified in this Article
the

information collected

under

V. RELATIONSHIP TO OTHER INSTRUMENTS

Article 20

Relationship to other

treaties: mutual

supportiveness,

complementarity and non-subordination

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

(a)

foster mutual

they shall
Convention and the other
parties; and

supportiveness between this
to which they are
treaties

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

take into account

(a)

to elect the Members of the Intergovernmental Committee;

(b) to receive and examine reports of
the

transmitted

by

Convention
Committee;

the Parties to this
Intergovernmental

(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 estab-
lished 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.

L 201/24

EN

Official Journal of the European Union

25.7.2006

2.

The Intergovernmental Committee shall meet annually.

The Intergovernmental Committee shall

3.
function under
the authority and guidance of and be accountable to the
Conference of Parties.

The Members of the Intergovernmental Committee shall
to the

4.
be increased to 24 once the number of Parties
Convention reaches 50.

The

election of Members of

5.
Intergovernmental
Committee shall be based on the principles of equitable geogra-
phical representation as well as rotation.

the

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

(a)

to promote the objectives of
encourage and monitor the implementation thereof;

this Convention and to

(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
together with its comments and a
to the Convention,
summary of their contents;

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

to its attention by Parties

The Secretariat shall prepare the documentation of the
2.
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

In the event of a dispute between Parties

1.
to this
Convention concerning the interpretation or the application
of the Convention, the Parties shall seek a solution by nego-
tiation.

2.
If the Parties concerned cannot reach agreement by nego-
tiation, 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.

(e)

to establish procedures and other mechanisms for consul-
tation aimed at promoting the objectives and principles of
this Convention in other international forums;

Article 26

Ratification, acceptance, approval or accession by Member
States

(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.

Intergovernmental Committee

to the Conference of Parties,

shall prepare and
its own

for approval,

The

8.
submit
Rules of Procedure.

Article 24

Unesco Secretariat

The organs of the Convention shall be assisted by the

1.
Unesco Secretariat.

This Convention

1.
acceptance,
approval or
Unesco in accordance with their
procedures.

shall

be

subject

ratification,
accession by Member States of
respective constitutional

to

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.

25.7.2006

EN

Official Journal of the European Union

L 201/25

This Convention shall also be open to accession by terri-
2.
tories which enjoy full internal self-government 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.

The following provisions apply to regional economic inte-

3.
gration 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;

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.

The instrument of accession shall be deposited with the

4.
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.

effect

following

completion of

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

to the number of

(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 respon-
sibilities with respect
to matters governed by the
Convention;

Article 29

Entry into force

This Convention shall enter into force three months after
1.
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
ratification,
acceptance, approval or accession.

its instrument of

the deposit of

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
the
their
following provisions
shall apply to Parties which have a
federal or non-unitary constitutional system:

regardless of

constitutional

systems,

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

their

(a) with regard to the provisions of this Convention, the imple-
jurisdiction of
mentation of which comes under the legal
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;

(d) Member States of a regional economic integration organi-
zation which become Parties to this Convention shall be
presumed to retain competence over all matters in respect
of which transfers of competence to the organization have
not been specifically declared or informed to the depositary;

(e)

‘Regional economic integration organization’ means an
organization constituted by sovereign States, members of

(b) with regard to the provisions of the Convention, the imple-
mentation of which comes under the jurisdiction of indi-
vidual 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
the
competent authorities of constituent units such as States,
counties, provinces or cantons of the said provisions, with
its recommendation for their adoption.

as necessary,

government

inform,

shall

L 201/26

EN

Official Journal of the European Union

25.7.2006

Article 31

Denunciation

Any Party to this Convention may denounce

1.
Convention.

this

The denunciation shall be notified by an instrument in

2.
writing deposited with the Director-General of Unesco.

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

the financial obligations of

Article 32

Depositary functions

this
The Director-General of Unesco, as the depositary of
inform the Member States of the Organi-
Convention, shall
the Organization and
zation,
the States not members of
referred to in
regional economic integration organizations
Article 27, as well as the United Nations, of the deposit of all
the
approval or
accession provided for in Articles 26 and 27, and of the denun-
ciations provided for in Article 31.

instruments of

acceptance,

ratification,

Article 33

Amendments

1.
A Party to this Convention may, by written communi-
cation 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
the
session of
Conference of Parties for discussion and possible adoption.

such proposal

to the next

For Parties which have ratified, accepted, approved or
4.
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
ratification, acceptance, approval or
its
accession.

instrument of

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

Committee.

the

of

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

the entry into force of amendments

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

(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 autho-
ritative.

Amendments shall be adopted by a two-thirds majority of

2.
Parties present and voting.

Article 35

Registration

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

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.

25.7.2006

EN

Official Journal of the European Union

L 201/27

ANNEX

CONCILIATION PROCEDURE

Article 1

Conciliation Commission

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

Disagreement

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

L 201/28

EN

Official Journal of the European Union

25.7.2006

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 competences transferred to the Community by the Member States under the Treaties, in the
areas covered by the Convention.

The Community has exclusive competence for the common commercial policy (Articles 131-134 of the Treaty), except
for the commercial aspects of intellectual property and trade in services in those areas set out in Article 133 (5) and (6) of
the Treaty (in particular, in this context, trade in cultural and audiovisual services) where responsibility is shared between
the Community and the Member States. 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 81-89 of the Treaty) and the internal market,
in particular
including intellectual property (Articles 94-97 of the Treaty). Pursuant to Article 151 of the Treaty,
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, p. 1).

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. 1).

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 209, 11.8.2005, p. 26).

Council Regulation (EC) No 2698/2000 of 27 November 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. 1).

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. 11).

Council Regulation (EC) No 2666/2000 of 5 December 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. 1).

Council Regulation (EEC) No 443/92 of 25 February 1992 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. 1).

Council Regulation (EC, Euratom) No 99/2000 of 29 December 1999 concerning the provision of assistance to the
partner States in Eastern Europe and Central Asia (OJ L 12, 18.1.2000, p. 1).

25.7.2006

EN

Official Journal of the European Union

L 201/29

Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community
action programme to promote bodies active at European level in the field of culture (OJ L 138, 30.4.2004, p. 40).

Decision No 508/2000/EC of the European Parliament and the Council of 14 February 2000 establishing the Culture
2000 programme (OJ L 63, 10.3.2000, 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, 1.7.1999, p. 1).

Council Decision of 22 September 1997 regarding the future of European cultural action OJ C 305, 7.10.1997, p. 1

Council Decision of 22 September 1997 on cross-border fixed book prices in European linguistic areas (OJ C 305,
7.10.1997, p. 2

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by Law, Regu-
lation 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,
30.7.1997, p. 60)

Council Decision 2000/821/EC 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) (OJ L 336, 30.12.2000, p. 82).

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 26, 27.1.2001, p. 1).

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, 27.3.1999, p. 1), relating to State aid.

Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual
property rights (OJ L 157, 30.4.2004, p. 45).

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 society (OJ L 167, 22.6.2001, p. 10).

Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the
benefit of the author of an original work of art (OJ L 272, 13.10.2001, p. 32).

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights
related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15).

Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related
rights (OJ L 290, 24.11.1993, p. 9).

Council Directive 92/100/EEC of 19 November 1992 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. 61)

The exercise of Community competence is, by its nature, subject to continuous development. In this respect, therefore,
the Community reserves the right to notify other future declarations regarding the distribution of competences between
the European Community and the Member States.

L 201/30

EN

Official Journal of the European Union

25.7.2006

ANNEX 2

Unilateral declaration on behalf of the community in connection with deposition of the instrument of accession

‘As regards the Community competences 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 in their mutual relations apply the provisions of the Convention in
accordance with the Community's internal rules and without prejudice to appropriate amendments being made to these
rules.’