natgillin/translations-raw huggingface dataset:
The Commission proposal includes two issues that the Commission considers essential in dealing with the film industry, namely, state aids and protection of film heritage .
The Commission proposal includes two issues that the Commission considers essential in dealing with the film industry, namely, state aids and protection of film heritage .
It is important to clear up any confusion that may arise over these two issues.
It is important to clear up any confusion that may arise over these two issues.
As regards state aids, the Rapporteur welcomes the extension by the Commission of the validity of the specific compatibility criteria for aid to cinema and TV programme production until the end of June 2007.
As regards state aids, the Rapporteur welcomes the extension by the Commission of the validity of the specific compatibility criteria for aid to cinema and TV programme production until the end of June 2007.
Moreover, the proposal of the Commission to conduct a more comprehensive study of the existing state aid schemes in the short term is welcome.
Moreover, the proposal of the Commission to conduct a more comprehensive study of the existing state aid schemes in the short term is welcome.
Simultaneously, it'd be a wishful initiative for the Parliament to debate on state aid systems in the film industry and related fields in the framework of the Culture Committee itself and of the Cinema, Audiovisual policy and Cultural Diversity Intergroup.
Simultaneously, it'd be a wishful initiative for the Parliament to debate on state aid systems in the film industry and related fields in the framework of the Culture Committee itself and of the Cinema, Audiovisual policy and Cultural Diversity Intergroup.
As regards the protection of film heritage, the Rapporteur is particularly pleased with the Commission's recognition of the film industry having a great potential for creating employment and contributing to economic growth.
As regards the protection of film heritage, the Rapporteur is particularly pleased with the Commission's recognition of the film industry having a great potential for creating employment and contributing to economic growth.
This leads to several domains beyond production and showing of films, such as the collection, cataloguing, restoration, etc.
This leads to several domains beyond production and showing of films, such as the collection, cataloguing, restoration, etc.
The Rapporteur would like to emphasise that this aspect may be an important contribution in the pursuit of the goals set out in the Lisbon strategy.
The Rapporteur would like to emphasise that this aspect may be an important contribution in the pursuit of the goals set out in the Lisbon strategy.
As far as state aid is concerned, the Commission communicates its decision without seeking, in the absence of legal base, any legislative steps to be taken by the Parliament.
As far as state aid is concerned, the Commission communicates its decision without seeking, in the absence of legal base, any legislative steps to be taken by the Parliament.
As far as the protection of film heritage is concerned, the Commission put its proposal in the form of a Recommendation which is to be co-decided by the Council and Parliament.
As far as the protection of film heritage is concerned, the Commission put its proposal in the form of a Recommendation which is to be co-decided by the Council and Parliament.
Therefore, at this stage, the Rapporteur deals with the second issue, i.e., the protection of film heritage.
Therefore, at this stage, the Rapporteur deals with the second issue, i.e., the protection of film heritage.
3.1 Legal base
3.1 Legal base
Article 157
Article 157
The Community and the Member States shall ensure that the conditions necessary for the
The Community and the Member States shall ensure that the conditions necessary for the
competitiveness of the Community's industry exist.
competitiveness of the Community's industry exist.
For that purpose, in accordance with a system of open and competitive markets, their action shall be
For that purpose, in accordance with a system of open and competitive markets, their action shall be
aimed at:
aimed at:
— speeding up the adjustment of industry to structural changes,
— speeding up the adjustment of industry to structural changes,
— encouraging an environment favourable to initiative and to the development of undertakings
— encouraging an environment favourable to initiative and to the development of undertakings
throughout the Community, particularly small and medium-sized undertakings,
throughout the Community, particularly small and medium-sized undertakings,
— encouraging an environment favourable to cooperation between undertakings,
— encouraging an environment favourable to cooperation between undertakings,
— fostering better exploitation of the industrial potential of policies of innovation, research and
— fostering better exploitation of the industrial potential of policies of innovation, research and
technological development. of the EC Treaty provides the legal base and as a consequence a co-decision procedure applies.
technological development. of the EC Treaty provides the legal base and as a consequence a co-decision procedure applies.
The Commission has chosen the above legal base instead of the “ culture” based one (Article 151 (4)
The Commission has chosen the above legal base instead of the “ culture” based one (Article 151 (4)
2 Article 151 (4)
2 Article 151 (4)
The Community shall take cultural aspects into account in its action under other provisions of
The Community shall take cultural aspects into account in its action under other provisions of
this Treaty, in particular in order to respect and to promote the diversity of its cultures. ), as a result of the European Parliament active engagement in this issue during the previous legislatures.
this Treaty, in particular in order to respect and to promote the diversity of its cultures. ), as a result of the European Parliament active engagement in this issue during the previous legislatures.
The selected legal base determines the title of the Recommendation to be put forward by the Council and Parliament.
The selected legal base determines the title of the Recommendation to be put forward by the Council and Parliament.
This means that the reference to the ' competitiveness of the related industrial activities ' derives from the Treaty provision that serves as legal base for the Recommendation and not from any consideration relating to state aid schemes.
This means that the reference to the ' competitiveness of the related industrial activities ' derives from the Treaty provision that serves as legal base for the Recommendation and not from any consideration relating to state aid schemes.
3.2 Selected legal instrument
3.2 Selected legal instrument
The selected legal instrument is a Recommendation, which is of non-binding legal nature.
The selected legal instrument is a Recommendation, which is of non-binding legal nature.
This fact may lend more support to the idea that the European Parliament could advocate a more ambitious approach in the longer term.
This fact may lend more support to the idea that the European Parliament could advocate a more ambitious approach in the longer term.
4 Discussion of some of the proposed amendments
4 Discussion of some of the proposed amendments
4.1 Compulsory deposit
4.1 Compulsory deposit
The proposed Recommendation calls for the introduction by Member States of appropriate legislative or administrative measures to ensure the systematic (and not methodological) collection, cataloguing, preservation, restoration and making available of cinema works.
The proposed Recommendation calls for the introduction by Member States of appropriate legislative or administrative measures to ensure the systematic (and not methodological) collection, cataloguing, preservation, restoration and making available of cinema works.
The main problem is that the proposal talks about legal OR contractual obligation covering only the state-funded production.
The main problem is that the proposal talks about legal OR contractual obligation covering only the state-funded production.
The Parliament should do all in its power (as it has already done it in this field in the previous legislature) to make the proposed Recommendation more ambitious.
The Parliament should do all in its power (as it has already done it in this field in the previous legislature) to make the proposed Recommendation more ambitious.
If Parliament fails to do so, then it would only be a description of the present 'state of play' without any step forward.
If Parliament fails to do so, then it would only be a description of the present 'state of play' without any step forward.
Compulsory legal deposit of all film works made for public distribution should be the general rule in all Member States.
Compulsory legal deposit of all film works made for public distribution should be the general rule in all Member States.
As a modus vivendi a transitional period is reasonable within which the legal deposit is compulsory for the beneficiaries of state-aid.
As a modus vivendi a transitional period is reasonable within which the legal deposit is compulsory for the beneficiaries of state-aid.
There is a common aim based on a pre-emptive rationale to ensure that films are collected and stored in the best possible conditions, i.e., when they are produced, rather than making a costly plan afterwards for rescuing them.
There is a common aim based on a pre-emptive rationale to ensure that films are collected and stored in the best possible conditions, i.e., when they are produced, rather than making a costly plan afterwards for rescuing them.
The following arguments, in line with the Van der Taelen report of January 2002, can strengthen the arguments in favour of compulsory deposit:
The following arguments, in line with the Van der Taelen report of January 2002, can strengthen the arguments in favour of compulsory deposit:
a) On the one hand, all films need preserving irrespective of their nature, quality and commercial success, because each and every of them constitutes a unique element of the county's historical and cinematographic memory.
a) On the one hand, all films need preserving irrespective of their nature, quality and commercial success, because each and every of them constitutes a unique element of the county's historical and cinematographic memory.
On the other hand it is extremely difficult to determine the criteria on which to base such choices.
On the other hand it is extremely difficult to determine the criteria on which to base such choices.
How one might be expected to know what will be perceived by future generations as important and worthy features?
How one might be expected to know what will be perceived by future generations as important and worthy features?
Who, in fact, should have the power to make this decision?
Who, in fact, should have the power to make this decision?
b) Existing systems of compulsory legal deposit of cinematographic works have proved very effective.
b) Existing systems of compulsory legal deposit of cinematographic works have proved very effective.
c) Many audiovisual works got either lost or damaged, implying a big loss in terms of European cultural heritage.
c) Many audiovisual works got either lost or damaged, implying a big loss in terms of European cultural heritage.
d) The legal deposit obligation is capable of saving costs and efforts in the long run, because a postponed restoration may necessitate many more resources and create duplication of efforts.
d) The legal deposit obligation is capable of saving costs and efforts in the long run, because a postponed restoration may necessitate many more resources and create duplication of efforts.
e) A great number of producers realised that the legal deposit obligation and subsequent access for educational and cultural purposes can enhance the prestige of the deposited cinematographic works.
e) A great number of producers realised that the legal deposit obligation and subsequent access for educational and cultural purposes can enhance the prestige of the deposited cinematographic works.
f) The Council of Europe example also speaks for compulsory legal depositing, as it has taken a fairly forward- looking-approach on film heritage, advocating, among other things, the legal deposit obligation.
f) The Council of Europe example also speaks for compulsory legal depositing, as it has taken a fairly forward- looking-approach on film heritage, advocating, among other things, the legal deposit obligation.
The European Convention for the protection of the Audiovisual Heritage introduces mandatory legal deposit
The European Convention for the protection of the Audiovisual Heritage introduces mandatory legal deposit
for all moving image material produced or co-produced in each signatory state (art.
for all moving image material produced or co-produced in each signatory state (art.
Central requirement: mandatory legal deposit for all moving image material produced or co-produced and made available to the public
Central requirement: mandatory legal deposit for all moving image material produced or co-produced and made available to the public
State of play: signed by eleven countries and ratified by two.
State of play: signed by eleven countries and ratified by two.
g) Voluntary deposit organised through contractual agreements between the competent national archive and the producer or the distributor depends largely on the goodwill of the producers.
g) Voluntary deposit organised through contractual agreements between the competent national archive and the producer or the distributor depends largely on the goodwill of the producers.
h) A voluntary arrangement is not satisfactory to constitute a representative national archive.
h) A voluntary arrangement is not satisfactory to constitute a representative national archive.
4.2 Budget and coordination with other programmes
4.2 Budget and coordination with other programmes
MEDIA 2007 Programme should be used to increase the budget dedicated to the protection of film heritage, especially for restoration purposes, provided that it will promote exchange of best practices.
MEDIA 2007 Programme should be used to increase the budget dedicated to the protection of film heritage, especially for restoration purposes, provided that it will promote exchange of best practices.
Another source of funding should be available for standardisation purposes in the framework of General Standardisation Programme of the Commission.
Another source of funding should be available for standardisation purposes in the framework of General Standardisation Programme of the Commission.
4.3 Fostering cooperation
4.3 Fostering cooperation
The present initiative should be used by all means to promote the close cooperation between producers, distributors, broadcasters and film institutes.
The present initiative should be used by all means to promote the close cooperation between producers, distributors, broadcasters and film institutes.
pro Výbor pro kulturu a vzdělávání
for the Committee on Culture and Education
k návrhu doporučení Evropskému parlamentu a Rady o filmovém dědictví a konkurenceschopnosti příbuzných průmyslových činností
on the proposal for a recommendation of the European Parliament and of the Council on film heritage and the competitiveness of related industrial activities
The document under consideration, tabled by the Commission just prior to the European elections, follows up on the Cinema Communication of 2001.
The document under consideration, tabled by the Commission just prior to the European elections, follows up on the Cinema Communication of 2001.
It combines two quite distinct texts: the actual follow-up Communication , addressing the issue of State aid for the film industry and that of protecting the film heritage; and a Draft Recommendation of the European Parliament and of the Council focusing on the second aspect, specifically, the legal deposit of audio-visual works.
It combines two quite distinct texts: the actual follow-up Communication , addressing the issue of State aid for the film industry and that of protecting the film heritage; and a Draft Recommendation of the European Parliament and of the Council focusing on the second aspect, specifically, the legal deposit of audio-visual works.
Since the latter legislative proposal falls fully within the remit of the Committee on Culture and Education, it seems appropriate that this committee was designated to lead this co-decision procedure, with the Committee on Economic and Monetary Affairs submitting an opinion.
Since the latter legislative proposal falls fully within the remit of the Committee on Culture and Education, it seems appropriate that this committee was designated to lead this co-decision procedure, with the Committee on Economic and Monetary Affairs submitting an opinion.
The issue of State aid to the European film industry, which faces considerable pressure, is indeed the primary concern here for the Committee on Economic and Monetary Affairs.
The issue of State aid to the European film industry, which faces considerable pressure, is indeed the primary concern here for the Committee on Economic and Monetary Affairs.
Striking a balance between the severe limits on State aid imposed by the Single Market's rules and the need to support cultural activity and audio-visual creation within the EU, the Cinema Communication of 2001 set out sector-specific compatibility criteria, above and beyond the 'general legality test' applied to all aid schemes regardless of sector:
Striking a balance between the severe limits on State aid imposed by the Single Market's rules and the need to support cultural activity and audio-visual creation within the EU, the Cinema Communication of 2001 set out sector-specific compatibility criteria, above and beyond the 'general legality test' applied to all aid schemes regardless of sector:
1) The aid has to be directed at a cultural product, as defined by verifiable national definitions;
1) The aid has to be directed at a cultural product, as defined by verifiable national definitions;
2) The producer must be free to spend at least 20% of the film budget in other Member
2) The producer must be free to spend at least 20% of the film budget in other Member
States, i.e. tying State aid to nationally restricted tendering ('territorialisation') is permissible, but only up to a ceiling of 80% of the budget of an aided work;
States, i.e. tying State aid to nationally restricted tendering ('territorialisation') is permissible, but only up to a ceiling of 80% of the budget of an aided work;
3) State aid must in principle be limited to 50% of the production budget; however, difficult
3) State aid must in principle be limited to 50% of the production budget; however, difficult
and low-budget productions are exempt from this limit, and some flexibility is indicated with regard to the limited geographical scope of certain languages or cultures;
and low-budget productions are exempt from this limit, and some flexibility is indicated with regard to the limited geographical scope of certain languages or cultures;
4) Aid supplements for specific film-making activities are prohibited as likely to cause
4) Aid supplements for specific film-making activities are prohibited as likely to cause
market distortions.
market distortions.
Based on the derogation provided for aid promoting culture and heritage conservation in Article 87 (3) (d) of the EC Treaty, these four criteria were to remain valid until June 2004.
Based on the derogation provided for aid promoting culture and heritage conservation in Article 87 (3) (d) of the EC Treaty, these four criteria were to remain valid until June 2004.
Reviewing them in consultation meetings with the Members States and professional organisations in early 2004, the Commission heard no call for their modification.
Reviewing them in consultation meetings with the Members States and professional organisations in early 2004, the Commission heard no call for their modification.
The Commission voices concern, however, regarding the territorialisation clauses of certain schemes as per 2) above.
The Commission voices concern, however, regarding the territorialisation clauses of certain schemes as per 2) above.
While these may be justified by the need to maintain nationally the specialised skills and expertise required for audio-visual creation, it is hard to deny that they constitute, in effect, an obstacle to the free movement of workers, goods and services, thus contributing to the fragmentation of the Single Market rather than its integration.
While these may be justified by the need to maintain nationally the specialised skills and expertise required for audio-visual creation, it is hard to deny that they constitute, in effect, an obstacle to the free movement of workers, goods and services, thus contributing to the fragmentation of the Single Market rather than its integration.
It is the opinion of the Rapporteur that all film-making should be determined a cultural activity thereby exempting if from the notion of being an obstacle to the Single Market.
It is the opinion of the Rapporteur that all film-making should be determined a cultural activity thereby exempting if from the notion of being an obstacle to the Single Market.
At risk is the possibility national films are shot exclusively off shore.
At risk is the possibility national films are shot exclusively off shore.
While indicating its willingness to consider allowing higher levels of aid at the next review of the Cinema Communication, the Commission therefore appears to make such a course contingent upon a reduction in the degree of territorialisation in Member States' aid schemes for their respective film industries.
While indicating its willingness to consider allowing higher levels of aid at the next review of the Cinema Communication, the Commission therefore appears to make such a course contingent upon a reduction in the degree of territorialisation in Member States' aid schemes for their respective film industries.
In the future, perhaps higher levels of State aid could be considered in the areas of cultural/difficult films while State aid levels and consequent territorialisation for films other than cultural/difficult could remain static.
In the future, perhaps higher levels of State aid could be considered in the areas of cultural/difficult films while State aid levels and consequent territorialisation for films other than cultural/difficult could remain static.
A reduction in State aid to the industry would be undesirable.
A reduction in State aid to the industry would be undesirable.
On balance, the Commission decided to extend the validity of the specific compatibility criteria until 30 June 2007, thereby providing much-needed legal certainty to Europe's audio-visual production industry.
On balance, the Commission decided to extend the validity of the specific compatibility criteria until 30 June 2007, thereby providing much-needed legal certainty to Europe's audio-visual production industry.
It also announced a more extensive study of both the economic and the cultural impact of existing state aid schemes, and in particular of their territorialisation clauses, not least upon international co-productions.
It also announced a more extensive study of both the economic and the cultural impact of existing state aid schemes, and in particular of their territorialisation clauses, not least upon international co-productions.
Such a study should provide welcome data when assessing the need for higher levels of aid and the current application of territorialisation requirements, which may reveal inconsistencies in some territories and possibly iron out perceived difficulties.
Such a study should provide welcome data when assessing the need for higher levels of aid and the current application of territorialisation requirements, which may reveal inconsistencies in some territories and possibly iron out perceived difficulties.