INCD Statement on the Position of the European Unionin the Negotiations on the

Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions

Introduction

In September 2004, the European Commission claimed negotiating responsibility for a number of provisions of the UNESCO Draft Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions on behalf of member states.

INCD was asked by its European members to comment on this situation.

Although EU competences are doubtless touched upon in the document, this claim came very late and much to the surprise of the concerned public, because the European Union is not a member of UNESCO, there is no fixed procedure for such a situation and European Commission representatives never adequately raised the possibility in related meetings and conferences in the months prior to September 2004.

INCD regrets this development because it caused suspicion and protest among civil society and NGO members in Europe concerning transparency and democratic approach to the drafting process in Europe.

Background

The proposed Convention on the Protection of the Diversity of Cultural Contents and Artistic Expressions will in several aspects affect the acquis communitaire.

It touches upon some exclusive and shared competences of the Union, in particular where related to trade policies as well as the free movement of people and free movement of goods and services; audiovisual and media policy (namely Television Without Frontiers directive and Media Programme) as well as development policies.

Reaction of the Commission

Even though it had been obvious that the European Commission would most probably have to get involved in the UNESCO process, the consultations started only when UNESCO officially released the draft text. The Commission is finalizing its opinion and analysis and will communicate those to the member states before November 15, the date set for written comments of UNESCO member states on the draft text.

Possible Scenarios

It is most probable that the Commission will negotiate on behalf of member states on those issues that fall under the exclusive or shared competences of the Union.

However, it is expected that the EU member states will also be requested to coordinate their positions on other provisions of the Convention. In that case, the country presiding the Union at the time of the meeting would speak on behalf of all member states.

This, however, raises a question about UNESCO’s response in accommodating the Commission’s request to participate in negotiations, because the EC is not a member of UNESCO. It is probable that UNESCO will have to find a way for the EU to become a party signatory to the Convention.

INCD Position

INCD is aware of the fact that even though culture is a competence of the EU member states, some parts of the Convention fall within the joint EU competences.

INCD urges its members to continue lobbying on the national level to ensure that governments remain active in the debate and influence the joint position in favour of an effective and timely convention.

INCD will also communicate this position to the committee of member states to be created on the EU level, as well as to the European Commission and the Presidency of the European Union.

INCD urges the member states of the European Union to recognize the importance of an effective convention and to take a firm position in the upcoming consultations.