Common Position (EC) No 11/2006 of 18 July 2006 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a Decision of the European Parliament and of the Council establishing the Culture Programme (2007 to 2013)
Date: 2006-07-18
Institutions: Council of the European Union
Subjects: European citizenship, action programme, cultural cooperation, cultural policy, cultural relations

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COMMON POSITION (EC) No 11/2006

adopted by the Council on 18 July 2006

with a view to adoption a Decision No …/2006/EC of the European Parliament and of the Council
of … establishing the Culture Programme (2007-2013)

(2006/C 238 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

solidarity, in full compliance with the Charter of Funda-
mental Rights of the European Union.

Having regard to the Treaty establishing the European Com-
munity, and in particular the first indent of Article 151(5)
thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of
Regions (1),

the Committee of

the

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

(3)

is essential

It
to promote cooperation and cultural
exchanges in order to respect and promote the diversity
of cultures and languages in Europe and improve knowl-
edge among European citizens of European cultures
other than their own, while at the same time heigh-
tening their awareness of the common European cultural
heritage they share. Promoting cultural and linguistic
cooperation and diversity thus helps to make European
citizenship a tangible reality by encouraging direct parti-
cipation by European citizens in the integration process.

An active cultural policy aimed at the preservation of
its
European cultural diversity and the promotion of
common cultural elements and cultural heritage can
contribute to improving the external visibility of the
European Union.

For citizens to give their full support to, and participate
fully in, European integration, greater emphasis should
be placed on their common cultural values and roots as
a key element of their identity and their membership of
a society founded on freedom, equity, democracy,
respect for human dignity and integrity, tolerance and

(1) OJ C 164, 5.7.2005, p. 65.
(2) Opinion of the European Parliament of 25 October 2005 (not yet
published in the Official Journal), Council Common Position of 18
July 2006 and Position of the European Parliament of … (not yet
published in the Official Journal).

(4)

(5)

(6)

(7)

It is essential that the cultural sector contribute to, and
play a role in, broader European political developments.
The cultural sector is an important employer in its own
right and there is,
in addition, a clear link between
investment in culture and economic development, hence
the
at
regional, national and European level. Accordingly, the
place of cultural industries in the developments taking
place under the Lisbon Strategy should be strengthened,
as these industries are making an increasingly large
contribution to the European economy.

reinforcing cultural policies

importance of

It is also necessary to promote active citizenship and
strengthen the fight against exclusion in all its forms,
including racism and xenophobia. Improving access to
culture for as many as possible can be a means of
combating social exclusion.

Article 3 of the Treaty stipulates that, in all the activities
referred to in that Article, the Community is to aim at
eliminating inequalities, and at promoting equality,
between men and women.

The Kaleidoscope, Ariane, Raphaël and Culture 2000
cultural programmes, set out respectively in Decisions
Nos 719/96/EC (3), 2085/97/EC (4), 2228/97/EC (5) and
508/2000/EC (6), marked positive stages in the imple-
mentation of Community action on culture. Consider-
able experience has thus been acquired, particularly
through the evaluation of these cultural programmes. It
is at present worthwhile to rationalise and strengthen
Community cultural action on the basis of the results of
these evaluations, the results of consultation with all
interested parties and recent work by the European insti-
tutions.
to establish a
therefore appropriate
programme to this end.

is

It

(3) Decision No 719/96/EC of the European Parliament and of the
Council of 29 March 1996 establishing a programme to support
artistic and cultural activities having a European dimension (OJ L
99, 20.4.1996, p. 20). Decision as amended by Decision No
477/1999/EC (OJ L 57, 5.3.1999, p. 2).

(4) Decision No 2085/97/EC of the European Parliament and of the
Council of 6 October 1997 establishing a programme of support,
including translation, in the field of books and reading (OJ L 291,
24.10.1997,
by Decision
No 476/1999/EC (OJ L 57, 5.3.1999, p. 1).

26). Decision

amended

as

p.

(5) Decision No 2228/97/EC of the European Parliament and of the
Council of 13 October 1997 establishing a Community action
programme in the field of cultural heritage (OJ L 305, 8.11.1997, p.
31). Decision as repealed by Decision No 508/2000/EC (OJ L 63,
10.3.2000, p. 1).

(6) Decision No 508/2000/EC of the European Parliament and of the
Council of 14 February 2000 establishing the Culture 2000
programme (OJ L 63, 10.3.2000, p. 1). Decision as last amended by
Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

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(8)

(9)

(10)

(11)

(12)

The European institutions have themselves spoken out
on many occasions on subjects relating to Community
cultural action and the challenges of cultural coopera-
in particular in Council Resolutions of 25 June
tion,
2002 on a new work plan on European cooperation in
the field of culture (1) and of 19 December 2002 imple-
menting the work plan for European cooperation in the
field of culture (2), resolutions of the European Parlia-
ment of 5 September 2001 on cultural cooperation in
the European Union (3), of 28 February 2002 on the
implementation of the Culture 2000 Programme (4), of
22 October 2002 on the importance and dynamism of
the theatre and the performing arts in an enlarged
Europe (5), and of 4 September 2003 on Cultural Indus-
tries (6), and the opinion of
the
Regions of 9 October 2003 on the extension of the
Culture 2000 Programme.

the Committee of

The Council,
in its abovementioned resolutions, has
stressed the need to adopt a more coherent approach at
Community level with regard to culture, and that Euro-
pean added value is an essential and determining
concept in the context of European cultural cooperation,
and a general condition for Community measures in the
field of culture.

In order to make this common cultural area for the
peoples of Europe a reality, it is important to promote
the transnational mobility of cultural players and the
transnational circulation of artistic and cultural works
and products, and to encourage dialogue and cultural
exchanges.

and the

The Council, in its conclusions of 16 November 2004
relating to the work plan on culture (2005-2006), the
European Parliament in its resolution of 4 September
European
Industries,
2003 on Cultural
Economic and Social Committee in its opinion of
28 January 2004 on cultural industries in Europe, have
expressed their views on the need to take greater
account of the specific economic and social features of
non-audiovisual
the
preparatory actions for cooperation on cultural matters
promoted between 2002-2004 should be taken into
account in the new programme.

industries. Moreover,

cultural

In this context, there is a case for promoting increased
cooperation between cultural players by encouraging
them to form multi-annual cooperation projects, thus
enabling them to develop common activities, to provide
support for more targeted measures with a real Euro-
pean added value, to support symbolic cultural events,
to support European cultural cooperation organisations
and to encourage analyses on chosen themes of Euro-
pean interest, as well as the collection and dissemination

(1) OJ C 162, 6.7.2002, p. 5.
(2) OJ C 13, 18.1.2003, p. 5.
(3) OJ C 72 E, 21.3.2002, p. 142.
(4) OJ C 293 E, 28.11.2002, p. 105.
(5) OJ C 300 E, 11.12.2003, p. 156.
(6) OJ C 76 E, 25.3.2004, p. 459.

of information and activities aimed at maximising the
impact of projects in the field of European cultural coop-
eration and European cultural policy development.

(13) Under Decision 1419/1999/EC of the European Parlia-
ment 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 (7) significant funding
should be given to this event, which has a high profile
among Europeans and helps to strengthen the feeling of
belonging to a common cultural area. In the context of
this event,
the accent should be on trans-European
cultural cooperation.

(14)

(15)

(16)

(17)

Support should be given to the operation of organisa-
tions working for European cultural cooperation and
thus playing the role of ambassadors of European
culture, based on the experience acquired by the Euro-
pean Union in the context of 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 (8).

It is necessary for the Programme, in compliance with
the principle of freedom of expression, to contribute to
the European Union's efforts to promote sustainable
development and to combat all forms of discrimination.

The European Union candidate countries and EFTA
countries which are members of the EEA Agreement
should be recognised as potential participants in Com-
munity programmes in accordance with the agreements
concluded with these countries.

The Thessaloniki European Council of 19 and 20 June
2003 adopted the ‘Agenda for the Western Balkans:
moving towards European integration’, laying down that
Community programmes should be open to the coun-
tries in the Stabilisation and Association Process on the
basis of framework agreements to be signed between the
these
Community and these countries.
countries
should be able, depending on budgetary
considerations or political priorities, to take part in the
Programme or benefit from a more limited formula for
cooperation, on the basis of supplementary appropria-
tions and specific procedures to be agreed between the
parties concerned.

they wish,

If

(18)

The Programme should also be open to cooperation
with other third countries which have signed agreements
with the Community containing a cultural strand,
in
accordance with procedures to be defined.

(7) OJ L 166, 1.7.1999, p. 1. Decision as amended by Decision No

649/2005/EC (OJ L 117, 4.5.2005, p. 20).

(8) OJ L 138, 30.4.2004, p. 40.

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(19)

It is necessary, in order to increase the added value of
the Community action, to ensure coherence and comple-
mentarity between actions carried out within the frame-
work of this Decision and other relevant Community
policies, actions and instruments,
in compliance with
Article 151(4) of the Treaty. Particular attention should
be paid to the interface of Community measures in the
fields of culture and education and to actions which
promote exchanges of best practice and closer coopera-
tion at European level.

(20) With regard to the implementation of Community
support, the specific nature of the cultural sector in
Europe should be taken into account, and particular care
should be taken to ensure that administrative and finan-
cial procedures are simplified as much as possible and
adapted to the objectives pursued as well as to practices
and developments in the cultural sector.

The Commission, Member States and the cultural
contact points should work to encourage the participa-
tion of smaller operators in the multi-annual coopera-
tion projects and the organisation of activities aimed at
bringing together potential project partners.

The Programme should bring together the specific quali-
ties and expertise of cultural operators from throughout
Europe. Where necessary, the Commission and Member
States should take measures to address low participation
rates of cultural operators in any Member State or parti-
cipating country.

It
is worthwhile ensuring, within the framework of
cooperation between the Commission and Member
States, ongoing monitoring and evaluation of
the
Programme in order to enable readjustments, particularly
within the priorities for the implementation of measures.
The evaluation should include an external evaluation to
be conducted by independent, impartial bodies.

for monitoring and evaluating the
The procedures
Programme should make use of objectives and indicators
which are specific, measurable, achievable, relevant, and
timed.

Suitable measures should be implemented to prevent
irregularities and fraud and to recover funds which have
been lost or transferred or used improperly.

is appropriate to establish a single financing and
It
programming
cooperation,
for
entitled the ‘Culture Programme’, for the period from
1 January 2007 to 31 December 2013.

instrument

cultural

(21)

(22)

(23)

(24)

(25)

(26)

(27)

(28)

(29)

(30)

on budgetary discipline and sound financial manage-
ment (1).

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2).

The measures necessary for the financial implementation
of this Decision should be adopted in accordance with
Council Regulation (EC, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the European Communities (3)
the general budget of
(hereinafter referred to as ‘the Financial Regulation’), and
with Commission Regulation
Euratom) No
2342/2002 of 23 December 2002 laying down detailed
rules for the implementation of Council Regulation (EC,
Euratom) No 1605/2002 (4).

(EC,

cultural players

(transnational mobility of

Community action is complementary to national or
regional action in the field of cultural cooperation. Since
the objectives of this Decision, namely to enhance the
European cultural area based on common cultural heri-
tage
in
Europe, transnational circulation of works of art and
cultural and artistic products and intercultural dialogue)
cannot be sufficiently achieved by the Member States
owing to their transnational character, and can therefore,
by reason of the scale or effects of the action, be better
achieved at Community level,
the Community may
in accordance with the principle of
adopt measures,
subsidiarity as set out in Article 5 of the Treaty.
In
accordance with the principle of proportionality as set
out in that Article, this Decision does not go beyond
what is necessary in order to achieve those objectives.

(31)

There should be transitional provisions in order to
ensure a smooth transition between the programmes
drawn up by Decisions Nos 508/2000/EC and
792/2004/EC on the one hand and, on the other, the
Programme established by this Decision,

HAVE DECIDED AS FOLLOWS:

Article 1

Establishment and duration

1.
This Decision establishes the Culture Programme, a single
multi-annual programme for Community measures in the field
of culture open to all cultural sectors and all categories of
cultural operators (hereinafter referred to as ‘the Programme’).

This Decision lays down, for the entire duration of the
Programme, a financial envelope constituting the prime
reference, within the meaning of point 37 of the Interin-
stitutional Agreement of 17 May 2006 between the
European Parliament, the Council and the Commission

(1) OJ C …
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regu-
lation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

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The Programme shall be implemented for the period

2.
from 1 January 2007 to 31 December 2013.

Article 5

Article 2

Budget

1.
The financial envelope for the implementation of the
Programme for the period referred to in Article 1 is hereby set
at EUR 354 million (*).

Annual

appropriations

authorised by the
2.
budgetary authority within the limits of the financial frame-
work.

shall be

Article 3

Objectives

The general objective of

the Programme shall be to
1.
enhance the cultural area shared by Europeans and based on a
common cultural heritage through the development of cultural
cooperation between the creators, cultural players and cultural
institutions of the countries taking part in the Programme, with
a view to encouraging the emergence of European citizenship.
The Programme shall be open to the participation of non-
audiovisual cultural industries, in particular small cultural enter-
prises, where such industries are acting in a non-profit-making
cultural capacity.

2.

The specific objectives of the Programme are:

(a) to promote the transnational mobility of cultural players;

(b) to encourage the transnational circulation of works and

cultural and artistic products;

(c) to encourage intercultural dialogue.

Article 4

Fields of action

The objectives of

1.
through the implementation of
described in the Annex:

the Programme shall be pursued
the following measures, as

(a) support for cultural actions, as follows:

— multi-annual cooperation projects,

— cooperation measures,

— special actions;

Provisions concerning third countries

The Programme shall be open to the participation of the

1.
following countries:

(a) EFTA countries which are members of the EEA, in accord-

ance with the provisions of the EEA Agreement;

(b) candidate countries benefiting from a pre-accession strategy
for accession to the Union, in accordance with the general
principles and with the general conditions and procedures
for the participation of these countries in the Community
programmes established in the framework agreements;

(c) the countries of the Western Balkans in accordance with
the procedures defined with these countries following the
framework agreements providing for their participation in
Community programmes.

Provided that the conditions are met and additional appropria-
tions are paid, the countries referred to in this paragraph shall
participate fully in the Programme.

2.
The Programme shall also be open to cooperation with
other third countries which have concluded association or
cooperation agreements with the Community which include
cultural clauses, on the basis of supplementary appropriations
and specific procedures to be laid down.

countries of

the Western Balkans

The
referred to in
paragraph 1(c) which do not wish to benefit from full partici-
pation in the Programme may benefit from cooperation with
the Programme under the conditions laid down in this para-
graph.

Article 6

Cooperation with international organisations

The Programme shall permit joint action with international
organisations competent
such as
UNESCO or the Council of Europe, on the basis of joint contri-
butions and in accordance with the various rules prevailing in
each institution or organisation for the realisation of
the
measures listed in Article 4.

in the field of culture,

(b) support for bodies active at European level in the field of

culture;

(c) support for analyses and the collection and dissemination
of information and for activities maximising the impact of
projects in the field of European cultural cooperation and
European cultural policy development.

These measures shall be carried out in accordance with

2.
the provisions set out in the Annex.

(*) This amount is based on 2004 figures and shall be subject to tech-

nical adjustment to take account of inflation.

Article 7

Complementarity with other Community instruments

The Commission shall ensure a link between the Programme
and other Community instruments, particularly those relating
to the Structural Funds and those in the fields of education,
vocational training, research,
information society, citizenship,
youth, sport, languages, social inclusion, EU external relations
and combating all forms of discrimination.

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Article 8

Implementation

1.
The Commission shall implement the Community actions
which form the subject of the Programme, in accordance with
the Annex.

The following measures shall be adopted in accordance

2.
with the procedure referred to in Article 9(2):

(a) the annual plan of work,
criteria and procedures;

including priorities, selection

(b) the annual budget and the breakdown of funds among the

different actions of the Programme;

(c) the procedures
Programme;

for monitoring

and

evaluating

the

(d) the financial support to be provided by the Community in
relation to any measure proposed under Article 4(1) with a
total Community
EUR 200 000:
amounts, duration, distribution and beneficiaries.

contribution

over

All other measures necessary for the implementation of
3.
this Decision shall be adopted in accordance with the proce-
dure referred to in Article 9(3).

Article 9

Committee

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at two months.

(a) have an adequate number of staff, with professional and
linguistic capacities appropriate for work in an environ-
ment of international cooperation;

(b) have an appropriate infrastructure, in particular as regards

information and communications technology;

(c) operate in an administrative context which enables them to
carry out their tasks satisfactorily and to avoid conflicts of
interest.

Article 11

Financial provisions

Financial aid shall

1.
take the form of grants to legal
persons. Grants may in certain cases be awarded to natural
persons under the terms of Article 114(1) of the Financial
Regulation. The Commission may also award prizes to natural
or legal persons for actions or projects implemented under the
Programme. Depending on the nature of the action, flat-rate
financing and/or the application of unit cost rates may be
authorised.

The Commission may decide,

2.
in accordance with the
characteristics of the beneficiaries and the nature of the actions,
whether to exempt them from verification of the professional
competencies and qualifications
required to complete the
proposed action or work programme.

Specific activities by the European Capitals of Culture
3.
designated pursuant to Decision 1419/1999/EC may receive a
grant or a prize.

Article 12

Contribution to other Community objectives

3. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The Programme shall contribute to the strengthening of the
transversal objectives of the Community, in particular by:

4.

The committee shall adopt its Rules of Procedure.

Article 10

Cultural contact points

1.
The cultural contact points as defined in section I.3.1 of
the Annex shall act as implementing bodies for the dissemina-
tion of information on the Programme at national level, having
regard to Article 54(2)(c) and (3) of the Financial Regulation.

The cultural contact points

2.
following criteria:

shall comply with the

(a) promoting the fundamental principle of freedom of expres-

sion;

(b) encouraging greater awareness of the importance of contri-

buting to sustainable development;

(c) seeking to promote mutual understanding and tolerance

within the European Union;

(d) contributing to the elimination of all discrimination based
on sex, racial or ethnic origin, religion or belief, disability,
age or sexual orientation.

Particular attention shall be given to coherence and comple-
mentarity between the Programme and Community policies in
the field of cultural cooperation with third countries.

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Article 13

Monitoring and evaluation

Article 14

Transitional provisions

1.
The Commission shall ensure regular monitoring of the
Programme against its objectives. The results of the monitoring
and evaluation process shall be used when implementing the
Programme.

Actions initiated before 31 December 2006 on the basis of
Decisions Nos 508/2000/EC and 792/2004/EC shall continue
to be administered until their closure in accordance with the
provisions of these Decisions.

Monitoring shall include in particular the drawing up of the
reports referred to in paragraph 3(a) and (c).

The specific objectives of the Programme may, on the basis of
the results of monitoring reports, be revised in accordance with
the procedure laid down in Article 251 of the Treaty.

The Commission shall ensure regular, external and inde-

2.
pendent evaluation of the Programme.

The Commission shall submit to the European Parliament,
3.
the Council, the European Economic and Social Committee and
the Committee of the Regions:

(a) an interim evaluation report on the results obtained and on
the qualitative and quantitative aspects of the implementa-
tion of the Programme not later than 31 December 2010;

(b) a communication on the continuation of the Programme

not later than 31 December 2011;

(c) an ex post evaluation report not later than 31 December

2015.

The committee set up under the terms of Article 5 of Decision
No 508/2000/EC shall be replaced by the committee provided
for in Article 9 of this Decision.

Article 15

Entry into force

This Decision shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Union.

Done at Brussels,

For the European Parliament

The President

…

For the Council

The President

…

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ANNEX

I.

1.

DESCRIPTION OF ACTIVITIES AND EVENTS

First strand: support for cultural actions

1.1. Multi-annual cooperation projects

The Programme shall support sustainable and structured cultural cooperation projects in order to bring together
the specific quality and expertise of cultural operators throughout the whole of Europe. This support is intended to
assist the cooperation projects in their start-up and structuring phase or in their geographical extension phase. The
aim shall be to encourage them to establish sustainable foundations and achieve financial autonomy.

involve at least six operators from six different countries participating in the
Each cooperation project shall
Programme. Its purpose shall be to bring together a variety of operators from one or more sectors for various
multi-annual activities, which may be sectoral or cross-sectoral in nature but which must pursue a common objec-
tive.

Each cooperation project shall be intended to carry out a number of structured, multi-annual cultural activities.
These activities are to be implemented throughout the duration of Community financing. They must have at least
two of the three specific objectives indicated in Article 3(2). Priority will be given to cooperation projects intending
to develop activities meeting the three specific objectives in that Article.

The cooperation projects shall be selected following calls for proposals pursuant to the Financial Regulation. In this
context, selection will be made on the basis, among other things, of the recognised expertise of co-organisers in
their field of activity, their financial and operational capacity to carry out the proposed activities, and the quality of
these activities and the extent to which they meet the general objective and specific objectives of the Programme,
as set out in Article 3.

The cooperation projects must be founded on a cooperation agreement, i.e. a common document with a legal form
in one of the participating countries and signed by all co-organisers.

Community support may not exceed 50 % of the project budget and shall be degressive in nature. It may not be
more than EUR 500 000 per year for all activities of the cooperation projects. This support shall be granted for a
period of three to five years.

By way of illustration, approximately 32 % of the total budget allocated to the Programme shall be devoted to this
type of support.

1.2. Cooperation measures

The Programme shall support sectoral or cross-sectoral cultural cooperation actions between European operators.
Priority shall be given to creativity and innovation. Actions aimed at exploring avenues for cooperation in order to
develop them over the longer term will be particularly encouraged.

Each action shall be designed and carried out in partnership by at least three cultural operators in three different
participating countries, whether or not these operators come from one or more sectors.

Actions shall be selected following calls for proposals pursuant to the Financial Regulation. In this context, selection
will be made on the basis of the recognised expertise of co-organisers, their financial and operational capacity to
carry out the proposed activities, the quality of these activities and the extent to which they meet the general objec-
tive and specific objectives of the Programme, as set out in Article 3.

Community support may not exceed 50 % of the project budget. It may not be less than EUR 50 000 nor more
than EUR 200 000. This support shall be granted for a maximum of 24 months.

The conditions set out for this action concerning the minimum number of operators required in order to present
projects, as well as the minimum and maximum amounts for Community support, may be adapted to take account
of the specific conditions of literary translation.

By way of illustration, approximately 29 % of the total budget allocated to the Programme shall be devoted to this
type of support.

1.3. Special actions

The Programme shall also support special actions. These actions shall be special in that they should be substantial
in scale and scope, strike a significant chord with the peoples of Europe and help to increase their sense of
belonging to the same community, make them aware of the cultural diversity of Member States, and also contribute
to intercultural and international dialogue. They must meet at least two of the three specific objectives set out in
Article 3.
These special actions shall also help to raise the visibility of Community cultural action both within and beyond the
European Union. They shall also contribute to raising global awareness of the wealth and diversity of European
culture.

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Significant support will be given to the ‘European Capitals of Culture’ in order to help implement activities stressing
European visibility and trans-European cultural cooperation.

Special actions may also include the awarding of prizes, in so far as they highlight artists, works or cultural or
artistic achievements, make them known beyond national borders and thus encourage mobility and exchanges.

Support may also be given in this context to cooperation with third countries and international organisations, as
set out in Article 5(2) and Article 6.

The examples given above do not constitute an exhaustive list of measures likely to be supported under this sub-
strand of the Programme.

The selection procedures for special actions will depend on the action in question. Financing will be granted
following calls for proposals and invitations to tender, except in the cases referred to in Articles 54 and 168 of the
Financial Regulation. Account will also be taken of the extent to which each action meets the general objective and
specific objectives of the Programme, as set out in Article 3 of this Decision.

Community support may not exceed 60 % of the project budget.

By way of illustration, approximately 16 % of the total budget allocated to the Programme shall be devoted to this
type of support.

2.

Second strand: support for bodies active at European level in the field of culture

This support shall take the form of an operating grant to co-finance expenditure associated with the permanent
work programme of a body which pursues an aim of general European interest in the field of culture or an objec-
tive forming part of the Union's policy in this area.

Provision shall be made for these grants to be awarded on the basis of annual calls for proposals.

By way of illustration, approximately 10 % of the total budget allocated to the Programme shall be devoted to this
strand.

Support may be given to bodies working for cultural cooperation in one or more of the following ways:

— providing representation at Community level,

— collecting or disseminating information for facilitating trans-European Community cultural cooperation,

— networking at European level for bodies active in the field of culture,

— participating in cultural cooperation projects or acting as ambassadors for European culture.

These bodies must present a real European dimension. In this regard, they must carry out their activities at Euro-
pean level, alone or in the form of various coordinated associations, and their structure (registered members) and
activities must have a potential influence at European Union level or cover at least seven European countries.

The beneficiaries of these operating grants shall be selected through a call for proposals. This shall be done on the
basis of matching the bodies' work programme with the specific objectives set out in Article 3.

The total operating grant awarded under this strand may not exceed 80 % of the body's admissible expenditure for
the year in which the grant is awarded.

3.

Third strand: support for analyses and for the collection and dissemination of information and for
maximising the impact of projects in the field of cultural cooperation

By way of illustration, approximately 5 % of the total budget allocated to the Programme shall be devoted to this
strand.

3.1. Support for cultural contact points

In order to ensure targeted, effective grass-roots dissemination of practical information on the Programme, it shall
provide for support from cultural contact points. These bodies, acting at national level, shall be set up on a volun-
tary basis according to Article 39 of Regulation (EC, Euratom) No 2342/2002.

The task of the cultural contact points shall be to:

— promote the Programme,

— facilitate access to the Programme for, and encourage participation in its activities by, as many professionals
and operators in the cultural field as possible, by means of an effective dissemination of information and by
developing appropriate networking initiatives between themselves,

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— provide an efficient link with the various institutions providing aid to the cultural sector in Member States, thus
contributing to complementarity between the measures taken under the Programme and national support
measures,

— provide information on other Community programmes open for cultural projects if required.

3.2. Support for analysesin the field of cultural cooperation

The Programme shall support the carrying out of studies and analyses in the field of European cultural cooperation
and European cultural policy development. The aim of this support shall be to increase the volume and quality of
information and data to develop comparative data and analysis on cultural cooperation at European level, particu-
larly with regard to the mobility of creators and cultural players, the circulation of works of art and artistic and
cultural products and intercultural dialogue.

Studies and analyses contributing to increasing knowledge of the phenomenon of trans-European cultural coopera-
tion and to creating favourable conditions for it to flourish may be supported under this strand. Projects aimed at
collecting and analysing statistics will be particularly encouraged.

3.3. Support for the collection and dissemination of information and for maximising the impact of projects in the field of cultural

cooperation

The Programme shall support the collection and dissemination of information and activities aimed at maximising
the impact of projects via the development of an Internet tool targeted at the needs of culture professionals in the
field of trans-European cultural cooperation.

This tool should make possible the exchange of experience and good practice and the dissemination of information
concerning the Programme as well as trans-European cultural cooperation in the broad sense.

II.

PROGRAMME MANAGEMENT

The Programme's financial allocation may also cover expenses pertaining to preparatory, monitoring, control, audit
and evaluation activities, required directly for the management and the realisation of the objectives of the
Programme, in particular, studies, meetings, information and publication actions, expenses linked to informatic
networks focusing on information exchange, together with all other technical and administrative assistance expense
to which the Commission may have recourse for the management of the Programme.

III. CONTROLS AND AUDITS

For projects selected in accordance with the procedure described in Article 11(2), a sampling audit system will be
established.

The beneficiary of a grant shall make available to the Commission all supporting documents relating to expenditure
for a period of five years reckoned from the date of the final payment. The beneficiary of a grant shall ensure that,
where applicable, supporting documents in the possession of partners or members are made available to the
Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by
any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the
contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit find-
ings may lead to recovery decisions by the Commission.

Commission staff and outside personnel authorised by the Commission shall have appropriate access to the offices
of the beneficiary and to all the information,
including information in electronic format, needed in order to
conduct such audits.

The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially those of
access, as the Commission.

In order to protect the financial interests of the Community against fraud and other irregularities, the Commission
may carry out on-the-spot checks and inspections under the Programme in accordance with Council Regulation
(Euratom, EC) No 2185/96 (1). Where necessary, investigations shall be conducted by OLAF in accordance with
Regulation (EC) No 1073/1999 of the European Parliament and of the Council (2).

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 136, 31.5.1999, p. 1.

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IV.

INFORMATION, COMMUNICATION AND ACTIVITIES AIMED AT MAXIMISING THE IMPACT OF
PROJECTS

1. Commission

The Commission may organise seminars, conferences or meetings in order to facilitate the implementation of the
Programme, and undertake information, publication, dissemination and other activities aimed at maximising the
impact of projects as appropriate, as well as the monitoring and evaluation of the Programme. Such activities may
be financed by means of grants, or the public procurement process, or be organised and financed directly by the
Commission.

2. Contact points

The Commission and Member States shall organise on a voluntary basis and reinforce the exchange of information
useful for the implementation of the Programme via the cultural contact points acting as implementing bodies at
national level, under the terms of Article 54(2)(c) and (3) of the Financial Regulation.

3. Member States

Without prejudice to Article 87 of the Treaty, Member States may, if necessary, establish support schemes for indi-
vidual mobility of cultural players in order to address their low participation in the Programme. This support may
take the form of travel grants for cultural operators in order to facilitate the preparatory phase of transnational
cultural projects.

V. OVERALL BUDGET BREAKDOWN

Breakdown of the annual budget for the Programme

Strand 1 (support for cultural actions)

— multi-annual cooperation projects

— cooperation measures

— special actions

Strand 2 (support for bodies active at European level in the field of
culture)

Percentage of the budget

Approximately 77 %

Approximately 32 %

Approximately 29 %

Approximately 16 %

Approximately 10 %

Strand 3 (support for analysis, collection and dissemination of infor-
mation)

Approximately 5 %

Total operational expenditure

Programme management

Approximately 92 %

Approximately 8 %

These percentages are indicative and subject to change by the Committee provided for in Article 9 in accordance
with the procedure referred to in Article 9(2).

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 15 July 2004 the Commission submitted to the European Parliament and to the Council a
proposal for a decision, based on article 151 of the EC Treaty, establishing the Culture 2007
programme (2007-2013).

2. The Committee of the Regions delivered its opinion on 23 February 2005.

3. The European Parliament delivered its opinion at first reading on 25 October 2005.

4. On 18 July 2006, the Council adopted its common position in accordance with Article 251 (2) of

the EC Treaty.

II. OBJECTIVE

The proposal aims at replacing the current Culture 2000 programme and the Decision on support to
cultural bodies active at European level and has the following main objectives:

— promoting the transnational mobility of people working in the cultural sector,

— encouraging the transnational circulation of works of art and cultural and artistic products,

— fostering intercultural dialogue.

III. ANALYSIS OF THE COMMON POSITION

1. General comments

The Council's common position remains largely in line with the Commission's original proposal.
The Council has retained the three main objectives of the programme, while stressing that it should
be open to all cultural sectors and categories of cultural operators. It has highlighted in several parts
of the text the importance of cultural heritage but has been careful to maintain the open and non
sectoral character of the programme.

The budget of EUR 354 million (at 2004 prices, i.e. EUR 400 million at current prices) was agreed
by the three institutions in the context of the interinstitutional agreement on the Financial frame-
work for 2007-2013.

2. New elements contained in the common position as compared to the Commission proposal

in agreement with the Commission and the European Parliament, transferred
The Council has,
support for actions for the preservation of memorials to the proposed ‘Citizens for Europe’
Programme.

The Council has sought to strike the right balance between small and large scale projects, and to
facilitate access of small operators to the programme. To that effect, and in line with the European
Parliament's approach,
it has lowered the minimum community support from EUR 60 000 to
EUR 50 000 and reduced the minimum number of operators from 4 to 3 for cooperation
measures.

With the same objective of opening up the programme to small cultural operators, the indicative
budget breakdown in the Council's common position devotes more resources to cooperation
measures (smaller scale projects) as compared to multi-annual cooperation projects (large scale
projects). The percentages arrived at, i.e. 32 % for multi-annual cooperation projects and 29 % for
cooperation measures, represent a middle ground between the Commission's original proposal and
Parliament's opinion.

In keeping with the EP's opinion, the Council has introduced greater flexibility in the duration of
both multi-annual cooperation projects (3 to 5 years) and cooperation measures (1 to 2 years).

The Council has introduced a management committee procedure for projects with a total Com-
munity contribution exceeding EUR 200 000.

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3. European Parliament amendments

3.1. Amendments accepted in full, in part or in principle

The Council was able to accept a considerable number of the European Parliament's amend-
ments in full or in part.

Amendments 1, 2, 3, 4, 6, 7, 11, 13, 15, 20, 23, 27, 33, 41, 43, 47, 51 and 52 have been
included in full. Amendments 14, 19, 26 (which was inserted in Article 7), 34, 53, 55, 56 and
59 have been reworded.

The Council has included in part amendments 8, 10, 16 (with the exception of the reference
to specific projects), 24 (without the reference to specific fields of activities), 62 and 49 (with
the exception of the mention of specific bodies), 38 and 42 (the part of both amendments on
the duration of the projects was accepted).

3.2. Amendments not incorporated

the indicative budget breakdown between the different strands
While unable to accept
proposed by Parliament in amendments 39, 44, 47, 48, 54, 60, the Council has sought to
approximate positions with the EP as compared to the original Commission's proposal, as indi-
cated above. On strand 2, support to bodies, the Council considers that devoting 14 % of the
budget
to that strand would be excessive, particularly since one action under strand 2
(memorials) was transferred to another programme. Amendment 21 on the overall budget was
rejected in light of the interinstitutional agreement on the Financial Framework as referred to
above.

Lowering the minimum budget for cooperation measures to EUR 30 000, as proposed in
amendment 42, was considered excessive since the threshold was already set at EUR 50 000 in
the current programme. However, the Council went some way towards the Parliament's posi-
tion by reducing the threshold from EUR 60 000 to EUR 50 000.

The Council rejected amendment 36 reducing the minimum number of operators from
different countries involved in multiannual cooperation projects from 6 to 4 in order to
preserve the multilateral character of the projects. In contrast, for the smaller sized cooperation
measures. it accepted amendment 41 reducing the number of operators.

All amendments introducing sectoral priorities, adding sectoral objectives or emphasizing
support to specific sectors or bodies (amendments 61, 5, 9, 12, 64, 65 and related amend-
ments 37 and 45, 25, 40 and 46) have been rejected in order to maintain consistency with the
objectives of the programme and not to detract from the open character of the programme by
prioritizing the different fields of cultural activities. The same consideration prevailed for
amendments 16, 24 and 49, which were accepted in part.

Increasing the share of Community support from 50 % to 70 % as provided for in the first
part of amendments 38 and 42 was considered excessive.

While agreeing with the spirit of amendments 29, 31 and 32 (on contribution to other Com-
munity objectives), the Council considered that they were already covered by the recitals or
other provisions of the legislative text. Likewise, the Council considered that amendment 18
(on adequate resources) did not have its place in the legislative text and that amendment 17
(on the Unesco Convention on cultural diversity) fell outside the scope of the Decision.

The Council did not consider it necessary to include amendments 28 and 50 on transparency
measures and multiannual partnership amendments since those provisions are covered by the
financial regulation and recital 29 already provides for implementation decisions to be adopted
in accordance with the financial regulation. Amendment 35 on evaluation was considered
superfluous since the evaluation itself has to be external and independent. Amendment 72 on
the countries covered by the European Neighbourhood Policy to the
participation of
Programme could not be accepted, and amendment 57 on the premises of the Cultural
Contact Points (CCPs) was considered difficult to implement since CCPs are usually part of
national structures.

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IV. CONCLUSION

The Council considers that its common position constitutes a balanced text, providing a good basis for
launching this instrument, thereby facilitating cooperation in the cultural sector throughout Europe.
Against this background, Council looks forward to reaching an agreement with Parliament in the near
future with a view to the early adoption of the Decision.