CELEX: 52005PC0678
Language: en
Date: 2005-12-21
Title: Proposal for a Council Decision on the conclusion of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 21.12.2005
                                                   COM(2005) 678 final
                                                   2005/0268 (CNS)
                                      Proposal for a
                                COUNCIL DECISION
   on the conclusion of the UNESCO Convention on the Protection and Promotion
                       of the Diversity of Cultural Expressions
                             (presented by the Commission)
EN                                                                            EN
 ---pagebreak---                            EXPLANATORY MEMORANDUM
   1) CONTEXT OF THE PROPOSAL
      •   Grounds for and objectives of the proposal
      In October 2003 the General Conference of UNESCO decided unanimously to open
      negotiations on a convention on protecting the diversity of cultural contents and artistic
      expressions. Negotiations on a preliminary draft convention started in September 2004.
      The Presidency and the Commission jointly forwarded a communication from the
      Community and its Member States to UNESCO on 15 November 2004, and the
      Council of Ministers adopted a Decision authorising the Commission to participate in
      negotiations on behalf of the Community on 16 November 2004.
      Three sessions of negotiations involving government experts took place between
      September 2004 and June 2005, resulting, at the third session, in the adoption of a
      revised preliminary draft convention. In September 2005 the Executive Council of
      UNESCO adopted a decision recommending the adoption of the draft convention at the
      General Conference in October 2005.
      The Convention was adopted by the General Conference of UNESCO on 20 October
      2005.
      The Council of Ministers, in authorising the Commission to negotiate on behalf of the
      Community in November 2004, handed down negotiating directives calling on it to
      ensure that the Convention included the necessary clauses for the Community to
      become party to it. Consequently, Article 27 of the Convention establishes the
      possibility for the European Community to become a contracting party and play an
      active role in the organs of the Convention, in particular the Conference of the Parties
      established by Article 22 of the Convention.
      It is therefore important for the European Community to become a party to the
      Convention, together with the Member States of the European Union.
      The purpose of the present proposal, which follows the approach taken in the
      negotiations, is therefore to authorise the approval of the UNESCO Convention by the
      European Community.
      •   General framework
      The conditions for preserving and promoting cultural diversity in Europe and the world
      depend not only on economic conditions, but also on a multitude of other structural
      factors. The size of markets, the presence (or not) of linguistic minorities, territories
      with less widely spoken languages, links with national or regional identities, the
      material or non-material nature of traditions and cultural heritage, and historical links
      with other countries are also elements which influence the conditions for cultural
      expression, culture consumption and cultural exchanges.
      At European level this diversity of situations is already the dominant reality and has
      been enriched by the recent historic enlargement, which brought in ten new Member
      States. Globalisation, although it introduces new possibilities for exchanges between
      cultures, can also threaten the more vulnerable cultures and give rise to standardisation
EN                                             2                                                 EN
 ---pagebreak---    phenomena which are likely to jeopardise cultural diversity.
   The European Union has long recognised the dual nature — cultural and economic —
   of cultural goods and services, and Article 151(4) of the Treaty establishing the
   European Community requires the Community to take cultural aspects into account in
   its overall action. Yet at international level there is no legally binding instrument
   recognising the specific nature of cultural expressions.
   The UNESCO Convention on the Protection and Promotion of the Diversity of
   Cultural Expressions, adopted in Paris on 20 October 2005, aims to fill a legal vacuum
   in world governance by establishing a series of rights and obligations, at both national
   and international levels, with a view to the protection and promotion of cultural
   diversity. This instrument should play a similar role for cultural diversity — at the
   same normative level — as World International Property Organisation conventions,
   World Trade Organisation agreements, World Health Organisation agreements and
   Multilateral Environment Agreements.
   The full participation of the European Community and its Member States in
   implementing the Convention will in particular contribute to:
   o       establishing a new pillar of world governance with the aim of ensuring
   protection and promotion of cultural diversity;
   o       emphasising the specific and dual (cultural and economic) nature of cultural
   goods and services;
   o       recognising the role and legitimacy of public policies in the protection and
   promotion of cultural diversity;
   o       recognising the importance of, and promoting, international cooperation to
   respond to cultural vulnerabilities, in particular with regard to developing countries;
   o       defining appropriate links with other international instruments that enable the
   Convention to be implemented effectively.
   •   Existing provisions in the area of the proposal
   As this is a procedural proposal, there are no provisions in force in the area of the
   proposal.
   •   Consistency with other policies and objectives of the Union
   The UNESCO Convention is consistent with the obligation placed on the Community
   by Article 151(4) of the EC Treaty to take cultural aspects into account in its action
   under other provisions of the Treaty, in particular in order to respect and to promote the
   diversity of its cultures.
   The objectives of the proposal are consistent with the objectives of other Union
   policies such as external cooperation policy (especially development policy), the
   common commercial policy, completion of the internal market (particularly as regards
   intellectual property), audiovisual and information society policy, and cultural action.
EN                                          3                                                 EN
 ---pagebreak---       The objectives of the proposal are also consistent with the Charter of Fundamental
      Rights, especially the principle of promoting cultural diversity (Article 22).
   2) CONSULTATION OF THE STAKEHOLDERS
      The stakeholders, in particular European cultural and audiovisual sector
      representatives, have had regular exchanges with the Commission throughout the
      convention negotiation process at UNESCO.
      A consultation meeting was organised by the Commission on 4 July 2005 following
      the third session of negotiations between government experts, to discuss the revised
      preliminary draft convention.
      In the course of the negotiations at UNESCO, a large number of stakeholders informed
      the Commission of their full support for the common standpoints of the European
      Union expressed at UNESCO and explicitly recommended the adoption of the
      Convention by the General Conference of UNESCO in 2005.
      Consequently, following the negotiations on whether the Community should become
      party to the Convention, no additional consultation appeared necessary, as there had
      been no changes in the situation since the July consultation. The text adopted on
      21 October by the UNESCO members is almost identical (apart from changes made by
      the lawyer-linguists) to the revised preliminary draft resulting from the third
      negotiation session.
      •   Obtaining and using expertise
      No recourse to external expertise was necessary.
   3) LEGAL ELEMENTS OF THE PROPOSAL
      •   Summary of the proposed action
      Proposal for a Council Decision on the conclusion of the UNESCO Convention on the
      Protection and Promotion of the Diversity of Cultural Expressions.
      •   Legal basis
      Articles 89, 133, 151, 181 and 181a in conjunction with Article 300 of the Treaty
      establishing the European Community.
      •   Principle of subsidiarity
      The principle of subsidiarity applies, owing to the mixed nature of the powers assigned
      by the UNESCO Convention.
      As both Community and Member States' powers are concerned, joint ratification of the
      Convention by the Community and the Member States is required.
      The proposal is therefore consistent with the principle of subsidiarity.
      •   Principle of proportionality
      As it is a question of a procedural act, the principle of proportionality is not relevant.
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 ---pagebreak---       •   Choice of instruments
      Proposed instrument(s): proposal for a Council Decision
      Other means would not have been adequate for the following reason:
      As it is a question of the ratification by the Community of an international normative
      text, a Council decision is the only appropriate legal instrument.
   4) BUDGETARY IMPLICATIONS
      The proposal has no implications for the Community budget.
   5) ADDITIONAL INFORMATION
      •   European Economic Area
      This draft act does not come under the EEA Agreement.
EN                                             5                                             EN
 ---pagebreak---                                                            2005/0268 (CNS)
                                              Proposal for a
                                        COUNCIL DECISION
        on the conclusion of the UNESCO Convention on the Protection and Promotion
                              of the Diversity of Cultural Expressions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles
   89, 133, 151, 181 and 181a in conjunction with the first sentence of the first subparagraph of
   Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission1,
   Having regard to the opinion of the European Parliament2,
   Whereas:
   (1)     In November 2004 the Council authorised the Commission to participate, on behalf of
           the European Community, in negotiations at UNESCO concerning a Convention on
           the Protection and Promotion of the Diversity of Cultural Expressions. The
           Commission participated in these negotiations, together with the Member States.
   (2)     The Convention on the Protection and Promotion of the Diversity of Cultural
           Expressions was adopted at the General Conference of UNESCO in Paris on
           20 October 2005.
   (3)     The Convention constitutes a relevant and effective pillar for promoting cultural
           diversity and cultural exchanges, to which the European Community and its Member
           States attach the greatest importance. It contributes towards ensuring mutual respect
           and understanding between cultures at world level.
   (4)     The Convention should be approved as soon as possible.
   (5)     Both the Community and its Member States have competence in the fields covered by
           the Convention. The Community and the Member States should therefore become
           contracting parties to it, so that together they can fulfil the obligations laid down by
           the Convention and exercise the rights invested in them by the Convention in
   1
           OJ C , , p. .
   2
           OJ C , , p. .
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 ---pagebreak---           situations of mixed competence — the objective being to ensure the uniform
          application of the Convention,
   HAS DECIDED AS FOLLOWS:
                                               Article 1
   1.       The UNESCO Convention on the Protection and Promotion of the Diversity of
            Cultural Expressions is hereby approved on behalf of European Community.
   2.       The text of the Convention is reproduced in Annex 1(a) to this Decision.
                                               Article 2
   1.       The President of the Council is authorised to designate the person or persons
            empowered to deposit the instrument of accession on behalf of the European
            Community with the Director-General of UNESCO, in accordance with Article 27(4)
            of the Convention on the Protection and Promotion of the Diversity of Cultural
            Expressions.
   2.       The President of the Council is authorised to designate the person or persons
            empowered to deposit on behalf of the European Community the declaration of
            responsibilities reproduced in Annex 1(b) to this Decision, in accordance with
            Article 27(3)(c) of the Convention on the Protection and Promotion of the Diversity
            of Cultural Expressions.
   3.       The President of the Council is authorised to designate the person or persons
            empowered to issue the Unilateral Declaration reproduced in Annex 2 to this
            Decision at the time of the deposition of the instrument of accession.
                                               Article 3
   The Commission shall represent the European Community at meetings of the bodies created
   by the Convention, in particular the Conference of the Parties, and shall negotiate on its behalf
   concerning questions falling within the remit of those bodies.
   Done at Brussels,
                                                For the Council
                                                The President
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 ---pagebreak---                                               ANNEX 1(a)
   CONVENTION ON THE PROTECTION AND PROMOTION OF THE DIVERSITY
   OF CULTURAL EXPRESSIONS
                                              PREAMBLE
   The General Conference of the United Nations Educational, Scientific and Cultural
   Organization, meeting in Paris from 3 to 21 October 2005 at its 33rd session,
   1. Affirming that cultural diversity is a defining characteristic of humanity,
   2. Conscious that cultural diversity forms a common heritage of humanity and should be
   cherished and preserved for the benefit of all,
   3. Being aware that cultural diversity creates a rich and varied world, which increases the
   range of choices and nurtures human capacities and values, and therefore is a mainspring for
   sustainable development for communities, peoples and nations,
   4. Recalling that cultural diversity, flourishing within a framework of democracy, tolerance,
   social justice and mutual respect between peoples and cultures, is indispensable for peace and
   security at the local, national and international levels,
   5. Celebrating the importance of cultural diversity for the full realization of human rights and
   fundamental freedoms proclaimed in the Universal Declaration of Human Rights and other
   universally recognized instruments,
   6. Emphasizing the need to incorporate culture as a strategic element in national and
   international development policies, as well as in international development cooperation,
   taking into account also the United Nations Millennium Declaration (2000) with its special
   emphasis on poverty eradication,
   7. Taking into account that culture takes diverse forms across time and space and that this
   diversity is embodied in the uniqueness and plurality of the identities and cultural expressions
   of the peoples and societies making up humanity,
   8. Recognizing the importance of traditional knowledge as a source of intangible and material
   wealth, and in particular the knowledge systems of indigenous peoples, and its positive
   contribution to sustainable development, as well as the need for its adequate protection and
   promotion,
   9. Recognizing the need to take measures to protect the diversity of cultural expressions,
   including its contents, especially in situations where cultural expressions may be threatened
   by the possibility of extinction or serious impairment,
   10. Emphasizing the importance of culture for social cohesion in general, and in particular its
   potential for the enhancement of the status and role of women in society,
   11. Being aware that cultural diversity is strengthened by the free flow of ideas, and that it is
   nurtured by constant exchanges and interaction between cultures,
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 ---pagebreak---    12. Reaffirming that freedom of thought, expression and information as well as diversity of
   the media enable cultural expressions to flourish within societies,
   13. Recognizing that the diversity of cultural expressions, including traditional cultural
   expressions, is an important factor that allows individuals and peoples to express and to share
   with others their ideas and values,
   14. Recalling that linguistic diversity is a fundamental element of cultural diversity, and
   reaffirming the fundamental role that education plays in the protection and promotion of
   cultural expressions,
   15. Taking into account the importance of the vitality of cultures, including for persons
   belonging to minorities and indigenous peoples, manifested in their freedom to create,
   disseminate and distribute their traditional cultural expressions and to have access thereto, so
   as to benefit from them for their own development,
   16. Emphasizing the vital role of cultural interaction and creativity, which nurture and renew
   cultural expressions and enhance the role played by those involved in the development of
   culture for the progress of society at large,
   17. Recognizing the importance of intellectual property rights in sustaining those involved in
   cultural creativity,
   18. Being convinced that cultural activities, goods and services conveying identities, values
   and meanings have both an economic and a cultural nature, and must therefore not be treated
   as solely having commercial value,
   19. Noting that while the processes of globalization, which have been facilitated by the rapid
   development of information and communication technologies, afford unprecedented
   conditions for enhanced interaction between cultures, also represent a challenge for cultural
   diversity, namely in view of risks of imbalances between rich and poor countries,
   20. Being aware of UNESCO’s specific mandate to ensure respect for the diversity of cultures
   and to recommend such international agreements as may be necessary to promote the free
   flow of ideas by word and image,
   21. Referring to the provisions of the international instruments adopted by UNESCO relating
   to cultural diversity and the exercise of cultural rights, and in particular the Universal
   Declaration on Cultural Diversity of 2001,
   Adopts, this Convention on this 20th of October 2005.
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 ---pagebreak---    I. OBJECTIVES AND GUIDING PRINCIPLES
   Article 1 – Objectives
   The objectives of this Convention are:
   (a) to protect and promote the diversity of cultural expressions;
   (b) to create the conditions for cultures to flourish and to freely interact in a mutually
   beneficial manner;
   (c) to encourage dialogue among cultures with a view to ensuring wider and balanced cultural
   exchanges in the world in favour of intercultural respect and a culture of peace;
   (d) to foster interculturality in order to develop cultural interaction in the spirit of building
   bridges among peoples;
   (e) to promote respect for the diversity of cultural expressions and raise awareness of its value
   at the local, national and international levels;
   (f) to reaffirm the importance of the link between culture and development for all countries,
   particularly for developing countries and to support actions undertaken nationally and
   internationally to secure recognition of the true value of this link;
   (g) to give recognition to the distinctive nature of cultural activities, goods and services as
   vehicles of identity, values and meaning;
   (h) to reaffirm the sovereign rights of States to maintain, adopt and implement policies and
   measures that they deem appropriate for the protection and promotion of the diversity of
   cultural expressions on their territory;
   (i) to strengthen international cooperation and solidarity in a spirit of partnership with a view,
   in particular, to enhancing the capacities of developing countries in order to protect and
   promote the diversity of cultural expressions.
   Article 2 – Guiding Principles
   1. Principle of respect for human rights and fundamental freedoms
   Cultural diversity can be protected and promoted only if human rights and fundamental
   freedoms, such as freedom of expression, information and communication, as well as the
   ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the
   provisions of this Convention in order to infringe human rights and fundamental freedoms as
   enshrined in the Universal Declaration of Human Rights or guaranteed by international law or
   to limit the scope thereof.
   2. Principle of sovereignty
   States have, in accordance with the Charter of the United Nations and the principles of
   international law, the sovereign right to adopt measures and policies to protect and promote
   the diversity of cultural expressions within their territory.
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 ---pagebreak---    3. Principle of equal dignity of and respect for all cultures
   The protection and promotion of the diversity of cultural expressions presuppose the
   recognition of equal dignity of and respect for all cultures, including the cultures of persons
   belonging to minorities and indigenous peoples.
   4. Principle of international solidarity and cooperation
   International cooperation and solidarity should be aimed at enabling countries, especially
   developing countries, to create and strengthen their means of cultural expression, including
   their cultural industries, whether nascent or established, at the local, national and international
   levels.
   5. Principle of the complementarity of economic and cultural aspects of development
   Since culture is one of the mainsprings of development, the cultural aspects of development
   are as important as its economic aspects, which individuals and peoples have the fundamental
   right to participate in and enjoy.
   6. Principle of sustainable development
   Cultural diversity is a rich asset for individuals and societies. The protection, promotion and
   maintenance of cultural diversity are an essential requirement for sustainable development for
   the benefit of present and future generations.
   7. Principle of equitable access
   Equitable access to a rich and diversified range of cultural expressions from all over the world
   and access of cultures to the means of expressions and dissemination constitute important
   elements for enhancing cultural diversity and encouraging mutual understanding.
   8. Principle of openness and balance
   When States adopt measures to support the diversity of cultural expressions, they should seek
   to promote, in an appropriate manner, openness to other cultures of the world and to ensure
   that these measures are geared to the objectives pursued under the present Convention.
   II. SCOPE OF APPLICATION
   Article 3 – Scope of application
   This Convention shall apply to the policies and measures adopted by the Parties related to the
   protection and promotion of the diversity of cultural expressions.
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 ---pagebreak---    III. DEFINITIONS
   Article 4 – Definitions
   For the purposes of this Convention, it is understood that:
   1. Cultural diversity
   “Cultural diversity” refers to the manifold ways in which the cultures of groups and societies
   find expression. These expressions are passed on within and among groups and societies.
   Cultural diversity is made manifest not only through the varied ways in which the cultural
   heritage of humanity is expressed, augmented and transmitted through the variety of cultural
   expressions but also through diverse modes of artistic creation, production, dissemination,
   distribution and enjoyment of cultural expressions, whatever the means and technologies
   used.
   2. Cultural Content
   “Cultural content” refers to the symbolic meaning, artistic dimension and cultural values that
   originate from or express cultural identities.
   3. Cultural expressions
   “Cultural expressions” refers to those expressions that result from the creativity of
   individuals, groups and societies, and that have cultural content.
   4. Cultural activities, goods and services
   “Cultural activities, goods and services” refers to those activities, goods and services, which
   at the time they are considered as a specific attribute, use or purpose, embody or convey
   cultural expressions, irrespective of the commercial value they may have. Cultural activities
   may be an end in themselves, or they may contribute to the production of cultural goods and
   services.
   5. Cultural industries
   “Cultural industries” refers to industries producing and distributing cultural goods or services
   as defined in paragraph 4 above.
   6. Cultural policies and measures
   “Cultural policies and measures” refers to those policies and measures related to culture,
   whether at the local, national, regional or international level that are either focused on culture
   as such or are designed to have a direct effect on cultural expressions of individuals, groups or
   societies, including on the creation, production, dissemination, distribution of and access to
   cultural activities, goods and services.
   7. Protection
   “Protection” means the adoption of measures aimed at the preservation, safeguarding and
   enhancement of the diversity of cultural expressions.
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 ---pagebreak---    “Protect” means to adopt such measures.
   8. Interculturality
   “Interculturality” refers to the existence and equitable interaction of diverse cultures and the
   possibility of generating shared cultural expressions through dialogue and mutual respect.
   IV. RIGHTS AND OBLIGATIONS OF PARTIES
   Article 5 – General rule regarding rights and obligations
   1. The Parties, in conformity with the Charter of the United Nations, the principles of
   international law and universally recognized human rights instruments, reaffirm their
   sovereign right to formulate and implement their cultural policies and to adopt measures to
   protect and promote the diversity of cultural expressions and to strengthen international
   cooperation to achieve the purposes of this Convention.
   2. When a Party implements policies and takes measures to protect and promote the diversity
   of cultural expressions within its territory, its policies and measures shall be consistent with
   the provisions of this Convention.
   Article 6 – Rights of Parties at the national level
   1. Within the framework of its cultural policies and measures as defined in Article 4.6 and
   taking into account its own particular circumstances and needs, each Party may adopt
   measures aimed at protecting and promoting the diversity of cultural expressions within its
   territory.
   2. Such measures may include the following:
   (a) regulatory measures aimed at protecting and promoting diversity of cultural expressions;
   (b) measures that provide opportunities in an appropriate manner for domestic cultural
   activities, goods and services among the full range of cultural activities, goods and services
   available within the national territory with regard to the creation, production, dissemination,
   distribution and enjoyment of such domestic cultural activities, goods and services, including
   provisions relating to the language used therefor;
   (c) measures aimed at providing domestic independent cultural industries and activities in the
   informal sector effective access to the means of production, dissemination and distribution of
   cultural activities, goods and services;
   (d) measures aimed at providing public financial assistance;
   (e) measures aimed at encouraging non-profit organizations, as well as public and private
   institutions and artists and other cultural professionals, to develop and promote the free
   exchange and circulation of ideas, cultural expressions and cultural activities, goods and
   services, and to stimulate both the creative and entrepreneurial spirit in their activities;
   (f) measures aimed at establishing and supporting public institutions, as appropriate;
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 ---pagebreak---    (g) measures aimed at nurturing and supporting artists and others involved in the creation of
   cultural expressions;
   (h) measures aimed at enhancing diversity of the media including through public service
   broadcasting.
   Article 7 – Measures to promote cultural expressions
   1. Parties shall endeavour to create in their territory an environment that encourages
   individuals and social groups:
   (a) to create, produce, disseminate, distribute and have access to their own cultural
   expressions, paying due attention to the special circumstances and needs of women as well as
   various social groups, including persons belonging to minorities and indigenous peoples;
   (b) to have access to diverse cultural expressions from within their territory as well as from
   other countries of the world.
   2. Parties shall also endeavour to recognize the important contribution of artists, others
   involved in the creative process, cultural communities, and organizations that support their
   work, and their central role in nurturing the diversity of cultural expressions.
   Article 8 – Measures to protect cultural expressions
   1. Without prejudice to the provisions of Articles 5 and 6, a Party may determine those special
   situations where cultural expressions on its territory are at risk of extinction, under serious
   threat, or otherwise in need of urgent safeguarding.
   2. Parties may take all appropriate measures to protect cultural expressions in situations
   referred to in paragraph 1 in a manner consistent with the provisions of this Convention.
   3. Parties shall report to the Intergovernmental Committee all measures taken to meet the
   exigencies of the situation, and the Committee may make appropriate recommendations.
   Article 9 – Information sharing and transparency
   Parties shall:
   (a) provide appropriate information in their reports to UNESCO every four years on measures
   taken to protect and promote the diversity of cultural expressions within their territory and at
   the international level;
   (b) designate a point of contact responsible for information sharing in relation to this
   Convention;
   (c) share and exchange information relating to the protection and promotion of the diversity of
   cultural expressions.
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 ---pagebreak---    Article 10 – Education and public awareness
   Parties shall:
   (a) encourage and promote understanding of the importance of the protection and promotion
   of the diversity of cultural expressions, inter alia, through educational and greater public
   awareness programmes;
   (b) cooperate with other Parties and international and regional organizations in achieving the
   purpose of this article;
   (c) endeavour to encourage creativity and strengthen production capacities by setting up
   educational, training and exchange programmes in the field of cultural industries. These
   measures should be implemented in a manner that does not have a negative impact on
   traditional forms of production.
   Article 11 – Participation of civil society
   Parties acknowledge the fundamental role of civil society in protecting and promoting the
   diversity of cultural expressions. Parties shall encourage the active participation of civil
   society in their efforts to achieve the objectives of this Convention.
   Article 12 – Promotion of international cooperation
   Parties shall endeavour to strengthen their bilateral, regional and international cooperation for
   the creation of conditions conducive to the promotion of the diversity of cultural expressions,
   taking particular account of the situations referred to in Articles 8 and 17, notably in order to:
   (a) facilitate dialogue among Parties on cultural policies and measures;
   (b) enhance public sector strategic and management capacities in cultural public sector
   institutions, through professional and international cultural exchanges and sharing of best
   practices;
   (c) reinforce partnerships with and among civil society, non-governmental organizations and
   the private sector in fostering and promoting the diversity of cultural expressions;
   (d) promote the use of new technologies, encourage partnerships to enhance information
   sharing and cultural understanding, and foster the diversity of cultural expressions;
   (e) encourage the conclusion of co-production and co-distribution agreements.
   Article 13 – Integration of culture in sustainable development
   Parties shall endeavour to integrate culture in their development policies at all levels for the
   creation of conditions conducive to sustainable development and, within this framework,
   foster aspects relating to the protection and promotion of the diversity of cultural expressions.
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 ---pagebreak---    Article 14 – Cooperation for development
   Parties shall endeavour to support cooperation for sustainable development and poverty
   reduction, especially in relation to the specific needs of developing countries, in order to
   foster the emergence of a dynamic cultural sector by, inter alia, the following means:
   1. The strengthening of the cultural industries in developing countries through:
   (a) creating and strengthening cultural production and distribution capacities in developing
   countries;
   (b) facilitating wider access to the global market and international distribution networks for
   their cultural activities, goods and services;
   (c) enabling the emergence of viable local and regional markets;
   (d) adopting, where possible, appropriate measures in developed countries with a view to
   facilitating access to their territory for the cultural activities, goods and services of developing
   countries;
   (e) providing support for creative work and facilitating the mobility, to the extent possible, of
   artists from the developing world;
   (f) encouraging appropriate collaboration between developed and developing countries in the
   areas, inter alia, of music and film.
   2. Capacity-building through the exchange of information, experience and expertise as well as
   the training of human resources in developing countries, in the public and private sector
   relating to, inter alia, strategic and management capacities, policy development and
   implementation, promotion and distribution of cultural expressions, small-, medium- and
   micro-enterprise development, the use of technology, and skills development and transfer.
   3. The transfer of technology and know-how through the introduction of appropriate incentive
   measures, especially in the areas of cultural industries and enterprises.
   4. Financial support through:
   (a) the establishment of an International Fund for Cultural Diversity as provided in Article 18;
   (b) the provision of official development assistance, as appropriate, including technical
   assistance, to stimulate and support creativity;
   (c) other forms of financial assistance such as low interest loans, grants and other funding
   mechanisms.
   Article 15 – Collaborative arrangements
   Parties shall encourage the development of partnerships, between and within the public and
   private sectors and non-profit organizations, in order to cooperate with developing countries
   in the enhancement of their capacities in the protection and promotion of the diversity of
   cultural expressions. These innovative partnerships shall, according to the practical needs of
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 ---pagebreak---    developing countries, emphasize the further development of infrastructure, human resources
   and policies, as well as the exchange of cultural activities, goods and services.
   Article 16 – Preferential treatment for developing countries
   Developed countries shall facilitate cultural exchanges with developing countries by granting,
   through the appropriate institutional and legal frameworks, preferential treatment to artists
   and other cultural professionals and practitioners, as well as cultural goods and services from
   developing countries.
   Article 17 – International cooperation in situations of serious threat to cultural
   expressions
   Parties shall cooperate in providing assistance to each other, in particular to developing
   countries, in situations referred to under Article 8.
   Article 18 – International Fund for Cultural Diversity
   1. An “International Fund for Cultural Diversity”, hereinafter referred to as “the Fund”, is
   hereby established.
   2. The Fund shall consist of funds-in-trust established in accordance with the Financial
   Regulations of UNESCO.
   3. The resources of the Fund shall consist of:
   (a) voluntary contributions made by Parties;
   (b) funds appropriated for this purpose by the General Conference of UNESCO;
   (c) contributions, gifts or bequests by other States; organizations and programmes of the
   United Nations system, other regional or international organizations; and public or private
   bodies or individuals;
   (d) any interest due on resources of the Fund;
   (e) funds raised through collections and receipts from events organized for the benefit of the
   Fund;
   (f) any other resources authorized by the Fund’s regulations.
   4. The use of resources of the Fund shall be decided by the Intergovernmental Committee on
   the basis of guidelines determined by the Conference of Parties.
   5. The Intergovernmental Committee may accept contributions and other forms of assistance
   for general and specific purposes relating to specific projects, provided that those projects
   have been approved by the Intergovernmental Committee.
   6. No political, economic or other conditions that are incompatible with the objectives of this
   Convention may be attached to contributions made to the Fund.
EN                                                 17                                              EN
 ---pagebreak---    7. Parties shall endeavour to provide voluntary contributions on a regular basis towards the
   implementation of this Convention.
   Article 19 – Exchange, analysis and dissemination of information
   1. Parties agree to exchange information and share expertise concerning data collection and
   statistics on the diversity of cultural expressions as well as on best practices for its protection
   and promotion.
   2. UNESCO shall facilitate, through the use of existing mechanisms within the Secretariat, the
   collection, analysis and dissemination of all relevant information, statistics and best practices.
   3. UNESCO shall also establish and update a data bank on different sectors and
   governmental, private and non-profit organizations involved in the area of cultural
   expressions.
   4. To facilitate the collection of data, UNESCO shall pay particular attention to
   capacitybuilding and the strengthening of expertise for Parties that submit a request for such
   assistance.
   5. The collection of information identified in this Article shall complement the information
   collected under the provisions of Article 9.
   V. RELATIONSHIP TO OTHER INSTRUMENTS
   Article 20 – Relationship to other treaties: mutual supportiveness, complementarity and
   nonsubordination
   1. Parties recognize that they shall perform in good faith their obligations under this
   Convention and all other treaties to which they are parties. Accordingly, without
   subordinating this Convention to any other treaty,
   (a) they shall foster mutual supportiveness between this Convention and the other treaties to
   which they are parties; and
   (b) when interpreting and applying the other treaties to which they are parties or when
   entering into other international obligations, Parties shall take into account the relevant
   provisions of this Convention.
   2. Nothing in this Convention shall be interpreted as modifying rights and obligations of the
   Parties under any other treaties to which they are parties.
   Article 21 – International consultation and coordination
   Parties undertake to promote the objectives and principles of this Convention in other
   international forums. For this purpose, Parties shall consult each other, as appropriate, bearing
   in mind these objectives and principles.
EN                                                  18                                                 EN
 ---pagebreak---    VI. ORGANS OF THE CONVENTION
   Article 22 – Conference of Parties
   1. A Conference of Parties shall be established. The Conference of Parties shall be the plenary
   and supreme body of this Convention.
   2. The Conference of Parties shall meet in ordinary session every two years in conjunction
   with the General Conference of UNESCO to the extent possible. It may meet in extraordinary
   session if it so decides or if the Intergovernmental Committee receives a request to that effect
   from at least one third of the Parties.
   3. The Conference of Parties shall adopt its own rules of procedure.
   4. The functions of the Conference of Parties shall be, inter alia:
   (a) to elect the Members of the Intergovernmental Committee;
   (b) to receive and examine reports of the Parties to the Convention transmitted by the
   Intergovernmental Committee;
   (c) to approve the operational guidelines prepared upon its request by the Intergovernmental
   Committee;
   (d) to take whatever other measures it may consider necessary to further the objectives of this
   Convention.
   Article 23 – Intergovernmental Committee
   1. An Intergovernmental Committee for the Protection and Promotion of the Diversity of
   Cultural Expressions (hereinafter referred to as “the Intergovernmental Committee”) shall be
   established within UNESCO. It shall be composed of representatives of 18 States Parties to
   the Convention, elected for a term of four years by the Conference of Parties upon entry into
   force of this Convention pursuant to Article 29.
   2. The Intergovernmental Committee shall meet annually.
   3. The Intergovernmental Committee shall function under the authority and guidance of, and
   be accountable to the Conference of Parties.
   4. The Members of the Intergovernmental Committee shall be increased to 24 once the
   number of Parties to the Convention reaches 50.
   5. The election of Members of the Intergovernmental Committee shall be based on the
   principles of equitable geographical representation as well as rotation.
   6. Without prejudice to the other responsibilities conferred upon it by this Convention, the
   functions of the Intergovernmental Committee shall be:
   (a) to promote the objectives of this Convention and to encourage and monitor the
   implementation thereof;
EN                                                19                                                EN
 ---pagebreak---    (b) to prepare and submit for approval by the Conference of Parties, upon its request, the
   operational guidelines for the implementation and application of the provisions of the
   Convention;
   (c) to transmit to the Conference of Parties reports from Parties to the Convention, together
   with its comments and a summary of their contents;
   (d) to make appropriate recommendations to be taken in situations brought to its attention by
   Parties to the Convention in accordance with relevant provisions of the Convention, in
   particular Article 8;
   (e) to establish procedures and other mechanisms for consultation aimed at promoting the
   objectives and principles of this Convention in other international forums;
   (f) to perform any other tasks as may be requested by the Conference of Parties.
   7. The Intergovernmental Committee, in accordance with its rules of procedure, may invite at
   any time public or private organizations or individuals to participate in its meetings for
   consultation on specific issues.
   8. The Intergovernmental Committee shall prepare and submit to the Conference of Parties,
   for approval, its own rules of procedure.
   Article 24 – UNESCO Secretariat
   1. The organs of the Convention shall be assisted by the UNESCO Secretariat.
   2. The Secretariat shall prepare the documentation of the Conference of Parties and the
   Intergovernmental Committee as well as the agenda of their meetings and shall assist in and
   report on the implementation of their decisions.
   VII. FINAL CLAUSES
   Article 25 – Settlement of disputes
   1. In the event of a dispute between Parties to the Convention concerning the interpretation or
   the application of this Convention, the Parties shall seek a solution by negotiation.
   2. If the Parties concerned cannot reach agreement by negotiation, they may jointly seek the
   good offices of, or request mediation by, a third party.
   3. If good offices or mediation are not undertaken or if there is no settlement by negotiation,
   good offices or mediation, a Party may have recourse to conciliation in accordance with the
   procedure laid down in the Annex of this Convention. The Parties shall consider in good faith
   the proposal made by the Conciliation Commission for the resolution of the dispute.
   4. Each Party may, at the time of ratification, acceptance, approval or accession, declare that it
   does not recognize the conciliation procedure provided for above. Any Party having made
   such a declaration may, at any time, withdraw this declaration by notification to the Director-
   General of UNESCO.
EN                                                 20                                                 EN
 ---pagebreak---    Article 26 – Ratification, acceptance, approval or accession by Member States
   1. This Convention shall be subject to ratification, acceptance, approval or accession by
   Member States of UNESCO in accordance with their respective constitutional procedures.
   2. The instruments of ratification, acceptance, approval or accession shall be deposited with
   the Director-General of UNESCO.
   Article 27 – Accession
   1. This Convention shall be open to accession by all States not members of UNESCO but
   members of the United Nations, or of any of its specialized agencies, that are invited by the
   General Conference of UNESCO to accede to it.
   2. This Convention shall also be open to accession by territories which enjoy full internal
   selfgovernment recognized as such by the United Nations, but which have not attained full
   independence in accordance with General Assembly resolution 1514 (XV), and which have
   competence over the matters governed by this Convention, including the competence to enter
   into treaties in respect of such matters.
   3. The following provisions apply to regional economic integration organizations:
   (a) This Convention shall also be open to accession by any regional economic integration
   organization, which shall, except as provided below, be fully bound by the provisions of the
   Convention in the same manner as States Parties;
   (b) In the event that one or more Member States of such an organization is also Party to the
   Convention, the organization and such Member State or States shall decide on their
   responsibility for the performance of their obligations under the Convention. Such distribution
   of responsibility shall take effect following completion of the notification procedure described
   in sub-paragraph (c). The organization and the Member States shall not be entitled to exercise
   rights under the Convention concurrently. In addition, regional economic integration
   organizations, in matters within their competence, shall exercise their rights to vote with a
   number of votes equal to the number of their Member States that are Parties to the
   Convention. Such an organization shall not exercise its right to vote if any of its Member
   States exercises its right, and vice-versa;
   (c) A regional economic integration organization and its Member State or States which have
   agreed on a distribution of responsibilities as provided in subparagraph (b) shall inform the
   Parties of any such proposed distribution of responsibilities in the following manner:
   (i) in their instrument of accession, such organization shall declare with specificity, the
   distribution of their responsibilities with respect to matters governed by the Convention;
   (ii) in the event of any later modification of their respective responsibilities, the regional
   economic integration organization shall inform the depositary of any such proposed
   modification of their respective responsibilities; the depositary shall in turn inform the Parties
   of such modification;
   (d) Member States of a regional economic integration organization which become Parties to
   this Convention shall be presumed to retain competence over all matters in respect of which
EN                                                  21                                                EN
 ---pagebreak---    transfers of competence to the organization have not been specifically declared or informed to
   the depositary;
   (e) “Regional economic integration organizations” means an organization constituted by
   sovereign States, members of the United Nations or of any of its specialized agencies, to
   which those States have transferred competence in respect of matters governed by this
   Convention and which has been duly authorized, in accordance with its internal procedures, to
   become a Party to it.
   4. The instrument of accession shall be deposited with the Director-General of UNESCO.
   Article 28 – Point of contact
   Upon becoming Parties to this Convention, each Party shall designate a “point of contact” as
   referred to in Article 9.
   Article 29 – Entry into force
   1. This Convention shall enter into force three months after the date of deposit of the thirtieth
   instrument of ratification, acceptance, approval or accession, but only with respect to those
   States or regional economic integration organizations that have deposited their respective
   instruments of ratification, acceptance, approval, or accession on or before that date. It shall
   enter into force with respect to any other Party three months after the deposit of its instrument
   of ratification, acceptance, approval or accession.
   2. For the purposes of this Article, any instrument deposited by a regional economic
   integration organization shall not be counted as additional to those deposited by Member
   States of the organization.
   Article 30 – Federal or non-unitary constitutional systems
   Recognizing that international agreements are equally binding on Parties regardless of their
   constitutional systems, the following provisions shall apply to Parties which have a federal or
   nonunitary constitutional system:
   (a) with regard to the provisions of this Convention, the implementation of which comes
   under the legal jurisdiction of the federal or central legislative power, the obligations of the
   federal or central government shall be the same as for those Parties which are not federal
   States;
   (b) with regard to the provisions of the Convention, the implementation of which comes under
   the jurisdiction of individual constituent units such as States, counties, provinces, or cantons
   which are not obliged by the constitutional system of the federation to take legislative
   measures, the federal government shall inform, as necessary, the competent authorities of
   constituent units such as States, counties, provinces or cantons of the said provisions, with its
   recommendation for their adoption.
EN                                                 22                                                EN
 ---pagebreak---    Article 31 – Denunciation
   1. Any Party to this Convention may denounce this Convention.
   2. The denunciation shall be notified by an instrument in writing deposited with the Director-
   General of UNESCO.
   3. The denunciation shall take effect 12 months after the receipt of the instrument of
   denunciation. It shall in no way affect the financial obligations of the Party denouncing the
   Convention until the date on which the withdrawal takes effect.
   Article 32 – Depositary functions
   The Director-General of UNESCO, as the Depositary of this Convention, shall inform the
   Member States of the Organization, the States not members of the Organization and regional
   economic integration organizations referred to in Article 27, as well as the United Nations, of
   the deposit of all the instruments of ratification, acceptance, approval or accession provided
   for in Articles 26 and 27, and of the denunciations provided for in Article 31.
   Article 33 – Amendments
   1. A Party to this Convention may, by written communication addressed to the Director-
   General, propose amendments to this Convention. The Director-General shall circulate such
   communication to all Parties. If, within six months from the date of dispatch of the
   communication, no less than one half of the Parties reply favourably to the request, the
   Director-General shall present such proposal to the next session of the Conference of Parties
   for discussion and possible adoption.
   2. Amendments shall be adopted by a two-thirds majority of Parties present and voting.
   3. Once adopted, amendments to this Convention shall be submitted to the Parties for
   ratification, acceptance, approval or accession.
   4. For Parties which have ratified, accepted, approved or acceded to them, amendments to this
   Convention shall enter into force three months after the deposit of the instruments referred to
   in paragraph 3 of this Article by two thirds of the Parties. Thereafter, for each Party that
   ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into
   force three months after the date of deposit by that Party of its instrument of ratification,
   acceptance, approval or accession.
   5. The procedure set out in paragraphs 3 and 4 shall not apply to amendments to Article 23
   concerning the number of Members of the Intergovernmental Committee. These amendments
   shall enter into force at the time they are adopted.
   6. A State or a regional economic integration organization referred to in Article 27 which
   becomes a Party to this Convention after the entry into force of amendments in conformity
   with paragraph 4 of this Article shall, failing an expression of different intention, be
   considered to be:
   (a) Party to this Convention as so amended; and
EN                                                 23                                              EN
 ---pagebreak---    (b) a Party to the unamended Convention in relation to any Party not bound by the
   amendments.
   Article 34 – Authoritative texts
   This Convention has been drawn up in Arabic, Chinese, English, French, Russian and
   Spanish, all six texts being equally authoritative.
   Article 35 – Registration
   In conformity with Article 102 of the Charter of the United Nations, this Convention shall be
   registered with the Secretariat of the United Nations at the request of the Director-General of
   UNESCO.
EN                                                 24                                              EN
 ---pagebreak---                                                 ANNEX
   CONCILIATION PROCEDURE
   Article 1 – Conciliation
   A Conciliation Commission shall be created upon the request of one of the Parties to the
   dispute. The Commission shall, unless the Parties otherwise agree, be composed of five
   members, two appointed by each Party concerned and a President chosen jointly by those
   members.
   Article 2 – Members of the Commission
   In disputes between more than two Parties, Parties in the same interest shall appoint their
   members of the Commission jointly by agreement. Where two or more Parties have separate
   interests or there is a disagreement as to whether they are of the same interest, they shall
   appoint their members separately.
   Article 3 – Appointments
   If any appointments by the Parties are not made within two months of the date of the request
   to create a Conciliation Commission, the Director-General of UNESCO shall, if asked to do
   so by the Party that made the request, make those appointments within a further two-month
   period.
   Article 4 – President of the Commission
   If a President of the Conciliation Commission has not been chosen within two months of the
   last of the members of the Commission being appointed, the Director-General of UNESCO
   shall, if asked to do so by a Party, designate a President within a further two-month period.
   Article 5 – Decisions
   The Conciliation Commission shall take its decisions by majority vote of its members. It
   shall, unless the Parties to the dispute otherwise agree, determine its own procedure. It shall
   render a proposal for resolution of the dispute, which the Parties shall consider in good faith.
   Article 6 – Disagreements
   A disagreement as to whether the Conciliation Commission has competence shall be decided
   by the Commission.
EN                                                  25                                              EN
 ---pagebreak---                                              ANNEX 1(b)
   DECLARATION OF THE EUROPEAN COMMUNITY IN APPLICATION OF
   ARTICLE 27(3)(C) OF THE CONVENTION ON THE PROTECTION AND
   PROMOTION OF THE DIVERSITY OF CULTURAL EXPRESSIONS
   The current members of the European Community are the Kingdom of Belgium, the Czech
   Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of
   Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the
   Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania,
   the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the
   Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese
   Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the
   Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.
   This Declaration indicates the responsibilities transferred to the Community by the Member
   States under the Treaties, in the areas covered by the Convention.
   The Community has exclusive responsibility for the common commercial policy (Articles
   131-134 of the Treaty). It conducts a development cooperation policy (Articles 177-181 of the
   Treaty) and a policy of cooperation with industrialised countries (Article 181a of the Treaty)
   without prejudice to the respective competences of the Member States. It has shared
   competence as regards the free movement of goods, persons, services and capital (Articles 23-
   31 and 39-60 of the Treaty), competition (Articles 87-89) and the internal market, including
   intellectual property (Articles 94-97 of the Treaty). Pursuant to Article 151 of the Treaty, in
   particular paragraph 4 thereof, the Community takes cultural aspects into account in its action
   under other provisions of the Treaty, in particular in order to respect and to promote the
   diversity of its cultures.
   The Community acts listed below illustrate the extent of the area of competence of the
   Community in accordance with the provisions establishing the European Community.
   Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the
   European Community, as regards matters within its competence, of the Agreements reached
   in the Uruguay Round multilateral negotiations (1986 to 1994) (OJ L 336, 23.12.1994 ).
   Council Regulation (EC) No 2501/2001 of 10 December 2001 applying a scheme of
   generalised tariff preferences for the period from 1 January 2002 to 31 December 2004 -
   Statements on a Council Regulation applying a scheme of generalised tariff preferences for
   the period from 1 January 2002 to 31 December 2004 (OJ L 346, 31.12.2001, p. 0001 – 0060)
   Council Decision 2005/599/EC of 21 June 2005 concerning the signing, on behalf of the
   European Community, of the Agreement amending the Partnership Agreement between the
   members of the African, Caribbean and Pacific Group of States, of the one part, and the
   European Community and its Member States, of the other part, signed in Cotonou on 23 June
   2000 (OJ L 203 11.08.2005, p. 26-27).
   Council Regulation (EC) No 2698/2000 amending Regulation (EC) No 1488/96 on financial
   and technical measures to accompany the reform of economic and social structures in the
   framework of the Euro-Mediterranean partnership (MEDA) (OJ L 311, 12.12.2000, p. 0001-
   0008).
EN                                                26                                               EN
 ---pagebreak---    Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to the Republic
   of Hungary and the Polish People's Republic, and subsequent amendments, still applicable to
   Bulgaria and Romania (OJ L 375 , 23/12/1989 P. 0011 – 0012)
   Council Regulation (EC) No 2666/2000 on assistance for Albania, Bosnia and Herzegovina,
   Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia
   and repealing Regulation (EC) No 1628/96 and amending Regulations (EEC) No 3906/89 and
   (EEC) No 1360/90 and Decisions 97/256/EC and 1999/311/EC (OJ L 306, 7.12.2000,
   p. 0001-0006)
   Council Regulation (EEC) No 443/92 on financial and technical assistance to, and economic
   cooperation with, the developing countries in Asia and Latin America (OJ L 52, 27.2.1992,
   p. 0001-0006)
   Council Regulation (EC, Euratom) No 99/2000 concerning the provision of assistance to the
   partner States in Eastern Europe and Central Asia (OJ L 12, 18.1.2000, p. 0001-0009)
   Decision No 792/2004/EC of the European Parliament and of the Council establishing a
   Community action programme to promote bodies active at European level in the field of
   culture (OJ L 138, 30.04.2004, p. 40)
   Decision No 508/2000/EC of the European Parliament and the Council, establishing the
   Culture 2000 programme (OJ L 063, 10.03.2000, p. 1)
   Decision No 1419/1999/EC of the European Parliament and of the Council of 25 May 1999
   establishing a Community action for the European Capital of Culture event for the years 2005
   to 2019 (OJ L 166, 01.07.1999, p. 1)
   Council Decision of 22 September 1997 regarding the future of European cultural action (OJ
   C 305, 07.10.1997, p. 1)
   Council Decision of 22 September 1997 on cross-border fixed book prices in European
   linguistic areas (OJ C 305, 07.10.1997, p. 2)
   Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions
   laid down by Law, Regulation or Administrative Action in Member States concerning the
   pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive amended
   by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.07.1997, p. 60)
   Council Decision 2000/821/EC on the implementation of a programme to encourage the
   development, distribution and promotion of European audiovisual works (MEDIA Plus -
   Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p. 0082-
   0091)
   Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001
   on the implementation of a training programme for professionals in the European audiovisual
   programme industry (MEDIA-Training) (2001-2005) (OJ L 026, 27.01.2001, p. 0001-0009)
   Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the
   application of Article 93 of the EC Treaty (OJ L 083 , 27/03/1999, p. 1)
EN                                                27                                                 EN
 ---pagebreak---    Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the
   application of Article 93 of the EC Treaty (OJ L 83 27.03.1999, p.1), relating to State aid
   Directive 2004/48/EC on the enforcement of intellectual property rights (OJ L 157,
   30.04.2004, p. 0045 – 0086)
   Directive 2001/29/EC of the European Parliament and of the Council on the harmonisation of
   certain aspects of copyright and related rights in the information society (OJ L 167,
   22.6.2001, p. 0010-0019)
   Directive 2001/84/EC of the European Parliament and of the Council on the resale right for
   the benefit of the author of an original work of art (OJ L 272, 13.10.2001, p. 0032-0036)
   Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights
   related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248,
   06.10.1993, p. 0015-0021)
   Council Directive 93/98/EEC harmonising the term of protection of copyright and certain
   related rights (OJ L 290, 24.11.1993, p. 0009-0013)
   Council Directive 92/100/EEC on rental right and lending right and on certain rights related to
   copyright in the field of intellectual property (OJ L 346, 27.11.1992, p. 0061-0066)
   The exercise of Community competence is, by its nature, subject to continuous development.
   In this respect, therefore, the Commission reserves the right to notify other future
   declarations.
EN                                                  28                                             EN
 ---pagebreak---                                              ANNEX 2
         UNILATERAL DECLARATION ON BEHALF OF THE COMMUNITY IN
      CONNECTION WITH DEPOSITION OF THE INSTRUMENT OF ACCESSION
   “As regards the Community responsibilities described in the Declaration pursuant to Article
   27(3)(c) of the Convention, the Community is bound by the Convention and will ensure its
   due implementation. It follows that the Member States of the Community which are party to
   the Convention do not apply the provisions of the Convention and cannot rely on the rights or
   obligations ensuing from the Convention in their mutual relations in as far as Community
   provisions exist in the fields covered by the Convention. However, the Convention is
   applicable to relations between the Community and its Member States on the one side and the
   other parties to the Convention on the other.”
EN                                                29                                             EN