– having regard to the communication from the Commission to
the Council and the European Parliament 'Towards an international instrument
on cultural diversity' (COM(2003) 520),
– having regard to its legislative resolution
of 3 February 2000 on the joint text approved by the Conciliation Committee
for a European Parliament and Council decision establishing the Culture
2000 Programme[1],
– having regard to its resolution of 6 September
2000 on the Communication from the Commission to the Council, the European
Parliament, the Economic and Social Committee and the Committee of the
Regions "Principles and guidelines for the Community's audiovisual
policy in the digital age"[2],
– having regard to its resolution of 1 February
2001 on new frontiers in book production: electronic publishing and
printing on demand[3],
– having regard to its resolution of 15 May
2001 on the Commission communications on the initiative and the action
plan for 2001-2004 entitled - Designing tomorrow's education e-Learning[4],
– having regard to its resolution of 5 September
2001 on cultural cooperation in the European Union[5]
and in particular to paragraph 10 concerning the demand to submit a
draft decision for setting up a 'European cultural observatory', with
the aim of promoting the exchange of information and coordination between
the cultural policies of the Member States and Community cultural policy,
– having regard to its resolution of 13 November
2001 on achieving better circulation of European films in the internal
market and the candidate countries[6],
– having regard to its resolution of 28 February
2002 on the implementation of the 'Culture 2000' programme[7]
and the forthcoming Culture programme after 2006,
– having regard to its resolution of 12 March
2003 on the General Agreement on Trade in Services (GATS), within the
WTO, including cultural diversity[8],
and in particular its paragraphs 12 to 14,
– having regard to its resolution of 4 September
2003 on Television without Frontiers[9],
– having regard to its resolution of 4 September
2003 on European regional and lesser-used languages in the context of
enlargement and cultural diversity[10],
– having regard to its resolution of 4 September
2003 on cultural industries[11],
– having regard to Article 149(1) of the EC Treaty and Article
151 of the EC Treaty, in particular paragraph 3 advocating stronger
cooperation with third countries and the Council of Europe and paragraph
4 introducing an obligation to take cultural aspects into account in
other Community policies,
– having regard to the Preamble and Article 22 of the Charter
of Fundamental Rights of the European Union,
– having regard to Article 3(3), fourth subparagraph, of the
Draft Treaty establishing a Constitution for Europe, affirming that
the Union shall respect its rich cultural and linguistic diversity,
and shall ensure that Europe's cultural heritage is safeguarded and
enhanced; to Article II-22, affirming that the Union shall respect cultural,
religious and linguistic diversity; to Article III-181(1), reaffirming
that the Union shall contribute to the flowering of the cultures of
the Members States, while respecting their national and regional diversity
and at the same time bringing the common cultural heritage to the fore,
and paragraph 4, reaffirming that the Union shall take cultural aspects
into account in its action under other provisions of the Constitution,
in particular in order to respect and to promote the diversity of its
cultures; to Article III-182(1), reaffirming that it shall fully respect
the cultural and linguistic diversity of the educational systems of
the Member States; to Article III-217(4), affirming the unanimity rule
in the Council when negotiating and concluding agreements in the field
of trade in cultural and audiovisual services, where these risk prejudicing
the Union's cultural and linguistic diversity,
– having regard also to the introduction of qualified majority
voting under the provisions of the Draft Constitution to ensure support
for internal policies in the cultural sector,
– having regard to the Conclusions of the General Affairs Council
on 26 October 1999 in connection with the new WTO negotiating round,
– having regard to the Cannes declaration of 15 May 2003, in
which EU Culture Ministers, in the presence of the chairman of its competent
Committee and the Commissioner responsible for Culture, insisted on
maintaining the unanimity rule for decisions relating to cultural and
audiovisual services in trade agreements,
– having regard to the conclusions of the informal meeting of
the Ministers of Culture in Thessaloniki on 25 May 2003 on cultural
diversity and the international instrument on cultural diversity,
– having regard to the Florence agreement
of 1950 as an international instrument which promotes the free circulation
of objects of an educational, scientific or cultural nature[12],
– having regard to the Declaration on cultural diversity by the
Committee of Ministers of the Council of Europe of 7 December 2000,
– having regard to the UNESCO Universal Declaration
and Action plan on Cultural Diversity adopted by the General Conference
at its 31st session on 2 November 2001[13]
and the Union's support thereof,
- having regard to the discussions and outcome of the high-level round
table on cultural diversity and biodiversity for sustainable development
(Summit on Sustainable Development, Johannesburg, 3 September 2002),
– having regard to the Brixen/Bressanone declaration on cultural
diversity and GATS adopted by the European Regional Ministers for Education
and Culture at the Assembly for the European Regions on 18 October 2002,
– having regard to the decision of UNESCO's
General Conference on 17 October 2003 to launch work towards the drawing-up
of a draft Convention on cultural diversity for the next session of
the General Conference in 2005[14],
- having regard to the decision taken at the African Union Summit in
Addis Ababa on 10 July 2003, reaffirming the importance of cultural
diversity and supporting the UNESCO process,
– having regard to the statement by the Ministerial Conference
of the Francophonie, held in Rabat on 4-5 September 2003, on the World
Summit of the Information Society in Geneva,
– having regard to the statement of the Culture Ministers from
the ACP countries meeting in Dakar on 20 June 2003, notably undertaking
to engage in debates and supporting the launch of negotiations for the
adoption of a Convention on Cultural Diversity in the framework of UNESCO,
– having regard to the adoption by the Commission of the Action
Plan on Language Learning and Linguistic Diversity (COM(2003) 449) on
24 July 2003,
– having regard to useful efforts deployed in the field of cultural
diversity by organisations and civil society, such as the International
Network for Cultural Diversity, the International Network on Cultural
Policy, the International Organisation of the Francophonie, and the
International Liaison Committee of Coalitions for Cultural Diversity,
– having regard to Rule 163 of its Rules of Procedure,
– having regard to the report of the Committee on Culture, Youth,
Education, the Media and Sport and the opinion of the Committee on Foreign
Affairs, Human rights, Common Security and Defence Policy (A5-0477/2003),
A. whereas the preservation and promotion of cultural diversity are
among the founding principles of the European model (COM(2003)520),
B. whereas the accession countries will bring further cultural and
linguistic diversity to enrich the Union,
C. whereas cultural diversity cannot be preserved unless every individual
has access to, and can participate in, his or her own culture,
D. whereas cultural diversity is a concept of cultural development
and a leading principle of sustainable development, involving cultural
exchange and dialogue,
E. whereas in some Member States cultural identities are not uniform
and do not necessarily match the borders of those States,
F. whereas cultural dialogue fosters mutual understanding between peoples
in the interests of peace and is an appropriate method for effectively
counteracting racism and xenophobia,
G. whereas excessive concentration of the media poses a threat to cultural
pluralism,
H. whereas the European Union is attached to multilateral solutions
as a fundamental element of external policy,
I. whereas the Universal Forum of Cultures will take place in Barcelona
in 2004, which will represent a great opportunity for intercultural
dialogue,
J. whereas obligations stemming from agreements reached within multilateral
organisations complement those resulting from agreements reached within
a WTO framework,
K. welcoming the approval given by UNESCO's General Conference for
a mandate enabling work to commence on the drawing-up of a Convention
on Cultural Diversity,
L. whereas every Member State, and the EC, must continue in future
to have the legal right to take all measures in the fields of culture
and the audiovisual media necessary to uphold and promote cultural diversity,
M. whereas the opening of negotiations on the liberalisation of audiovisual
and cultural services in accordance with the GATS rules would set in
motion an ongoing liberalisation as a result of which the regional,
national and European instruments for the promotion of the domestic
audio-visual sector would be reviewed and consequently dismantled,
1. Considers culture, in a globalised techno-economic modernisation
process and in a situation of ongoing world-wide liberalisation, to
be a fundamental dimension of human development;
2. Considers that cultural diversity implies the recognition, promotion
and development of local cultures, cultural industries, public policies
on culture, openness towards other cultures and the protection of indigenous
and national institutions and achievements, including the rich variety
of languages, indigenous knowledge, traditions, lifestyles, artistic
and cultural forms of expression, media pluralism and the diversity
of educational systems;
3. Points out that the principle of cultural diversity is still not
recognised as a fundamental right under international law;
4. Considers that the technologies of information and communication
potentially present through their inherent flexibility an opportunity
to foster cultural diversity and advocates non-discriminatory access
to these technologies for all countries; points out, however, that the
widening digital gap is exacerbating the disparities between the countries
of the North and those of the South;
5. Considers that the right of Member States, regions and infrastate
entities, where appropriate, to define, implement and adapt cultural
policies is one of the fundamental guarantees for the respect and promotion
of cultural diversity;
6. Calls upon the Intergovernmental Conference to consolidate the various
references to cultural diversity and pluralism in the Draft Constitution
by adopting the draft provisions as proposed by the Convention, in particular
the unanimity rule in the Council laid down in Article III-217(4), when
negotiating and concluding agreements in the field of external trade
in cultural and audiovisual services;
7. Calls upon the Commission to actively engage in facilitating, promoting
and geographically extending exchanges in the field of culture, audio-visual
services and education within Europe and with third countries in order
to broaden the base for an international consensus on these matters,
in particular in the framework for the Culture 2000, Youth and Socrates
programmes after 2006 and in respect of all future programmes;
8. Calls upon the Commission to actively engage in the promotion of
cultural diversity within EC development and cooperation policies through
the valorisation and significant enhancement of cultural co-operation
actions and programmes with third countries, in particular to develop
the cultural expression capacity of developing countries;
9. Calls upon the Commission to foster cultural dialogue with national,
federal and regional Ministers of culture and education, associating
civil society and civil servants;
10. Requests the Commission to submit a Communication, based on Article
151(4) of the EC Treaty, on how to incorporate culture as a cross-cutting
principle applicable to all policies in the European Union, thereby
assessing possible consequences for culture of decisions in other policy
areas;
11. Calls on the Commission to ensure that the growing trend towards
concentration in the media does not lead to an oligopoly that threatens
pluralism, cultural diversity and freedom of choice for consumers; renews
its call for a directive on media pluralism and concentration;
12. Calls upon the Commission to fully integrate the concept of European
cultural diversity in its communication strategy, to provide information
about the World Day for Cultural Diversity, 21 May, and to present proposals
as to how to participate in this event;
13. Calls upon the Commission to improve mobility opportunities of
artists, creative works and cultural products and services;
14. Considers that the aforementioned Convention on cultural diversity
should fully acknowledge the necessity of preserving language diversity
as a basic fact of development cooperation and international relations
in general, and with that in mind calls for specific strategies for
the preservation and protection of diversity and strategies for the
promotion of multilingualism to be developed by means of active and
concrete support for education in the mother tongue and for the acquisition
of foreign languages, training and consciousness-raising without discrimination;
15. Reaffirms its vigilance concerning the treatment of minority populations
and minority languages, including indigenous languages, in the context
of the enlarged Europe; reiterates the need for multilateral institutions,
including regional ones, to protect and guarantee the rights and freedoms
of all peoples, particularly in the context of a multi-polar world made
up of regional units;
16. Stresses that cultural services and products and education are
not merchandise or consumer goods like any other, and must therefore
be made subject to special conditions in the light of their dual nature
as economic and cultural goods; these conditions must take account of
the fact that the market cannot be the measure of all things, and must
guarantee in particular diversity of opinion and pluralism;
17. Reaffirms the importance of public services in preserving cultural
diversity; in particular, stresses that public service broadcasting
plays an important role in safeguarding cultural diversity and identity,
democratic dialogue, media pluralism and access for all citizens to
quality content and knowledge for their successful participation in
the information society;
18. Calls on the European Union to place an unmistakable stress, in
the context of the WTO and GATS, on the nature of cultural services
and products as cultural goods, and to exempt them from trade liberalisation;
19. Calls upon the Union to actively promote at international level
the recognition of the special nature and status of culture and to engage
in multilateral talks within the forthcoming negotiations on a Convention
on cultural diversity in UNESCO with a view to broadening the forum
of countries supporting this action;
20. Calls upon the Union to evaluate trade in cultural services and
products as a common value in the light of the demands of sustainable
development and cultural identity;
21. Calls upon the European Union, its Member States and third countries
to refrain from actions at international level, such as committing themselves
to liberalisation under bilateral trade or investment agreements, which
could compromise fundamental objectives in areas such as education and
culture or undermine the ability of governments to support cultural
and national identities;
22. Calls upon the Council to fully implement and
maintain on the 1999 mandate[15] given
to the Commission regarding cultural and audiovisual goods and services;
23. Stresses, in view of the twofold significance of cultural, audiovisual
and education services in economic and cultural terms, that no negotiations
should be opened in the context of GATS on liberalisation of these services,
and further stresses that protection of support instruments, and thus
of cultural diversity, cannot be achieved in the context of the WTO
and GATS, but can only be promoted by negotiating a Convention within
the framework of UNESCO; urges the Union to apply the unanimity principle
strictly in foreign trade in cultural and audiovisual services with
third countries, as is already laid down in the Treaty and in the draft
Constitution;
24. Reiterates its political determination that the GATS rules on cultural
services, and on the audiovisual sector in particular, should not compromise
the cultural diversity and autonomy of the WTO contracting parties;
25. Asks the Commission for a list of offers made in the recreational,
educational and audiovisual sector and possible consequences in these
sectors;
26. Requests the Commission to regularly and fully inform the European
Parliament of its activities in international organisations;
27. Considers that it is essential to recognise cultural diversity
within the field of international law by negotiating and adopting a
Convention on cultural diversity in the near future within UNESCO;
28. Considers the Convention on cultural diversity, as agreed by UNESCO's
General Conference, as a means of bringing cultural policies to the
fore and to ensure on a global scale the protection and promotion of
diversity of cultural content and artistic forms of expression, which
appear to be particularly threatened by globalisation;
29. Welcomes the Commission's position in favour of jointly addressing
relevant issues regarding a Convention on cultural diversity as a significant
development of affirmative action by the Member States and their regions,
and in addition by the Community as laid down in Article 151(3) of the
EC Treaty;
30. Agrees with the Commission that a legally binding standard on cultural
diversity is necessary in order to consolidate cultural rights, foster
the development of public cultural policies in each State, commit Parties
to international cooperation, create a forum for debate on cultural
policies and establish global monitoring of the state of cultural diversity
world-wide, as proposed in its aforementioned resolution of 5 September
2001;
31. Specifies that the Convention's main aims ought to lie in recognising
the special nature of cultural products and services, enshrining in
international law the legitimate right of any State or group of States
to determine their cultural policies freely, a right taking the form,
in particular, of legislative, regulatory or financial measures, and
strengthening international cooperation policies and solidarity in the
sphere of culture;
32. Calls for the Convention to provide for the adoption of measures
guaranteeing creative artists and independent cultural industries proper
access to the means of production, distribution and dissemination of
their works;
33. Calls for the Convention to establish procedures relating to technical
and financial assistance in developing and least developed countries
so as to strengthen their capacity to preserve and promote their cultural
creative work;
34. Considers this Convention as a proactive means of building consensus
on the need to preserve and promote cultural diversity worldwide and
of assuring and monitoring international commitments in the cultural
sphere; considers that, in order to ensure its efficiency, a dispute-settlement
mechanism should be an integral part of this Convention;
35. Calls on the UNESCO General Conference to insist that the Member
States do not undertake commitments in other international fora or bilateral
agreements which would run counter to the protection and promotion of
cultural diversity;
36. Considers that specific provisions in this Convention should allow
for least favoured countries to be able to develop their cultural industries
and policies; in that context, calls upon the Commission to reinforce
international solidarity and to encourage and facilitate the development
of partnership between the public and the private sector;
37. Calls upon the Commission to pay particular attention to the preservation
and promotion of cultural and linguistic diversity in the accession
countries;
38. Calls on the General Conference to ensure that the Convention relates
to all forms of cultural expression: the creation, production, distribution,
exhibition and performance of cultural contents including the audiovisual
media in the form of cultural products, i.e. goods and services;
39. Calls on the General Conference to guarantee transparency of cultural
policies, the right to freedom of information, freedom of opinion, intellectual
property, the protection of fundamental rights and cultural human rights,
and the democratic principle;
40. Calls on the General Conference of UNESCO to devise procedures,
policies and programmes to permit access to culture and the development
of cultural policy, in order to permit countries, particularly developing
countries, to produce and distribute their own cultural goods and services;
41. Calls for the Convention to lay down a requirement for the Parties
to recognise mutual obligations;
42. Sees the need for the Convention to make provision for a monitoring
committee that can issue recommendations and opinions on the implementation
of the provisions of the Convention by the Parties and a dispute-settlement
procedure;
43. Requests, therefore, the European Union to be united in its conduct
at the forthcoming UNESCO negotiations, and to this end the Presidency
and the Commission to work closely in order to seek common positions
of the EU; requests, furthermore, the Member States to give the Commission,
in accordance with the provisions of the EC Treaty and with the participation
of the European Parliament and the relevant groups in civil society,
a clearly worded mandate to authorise the Commission in cooperation
with the European Parliament to negotiate in the UNESCO framework on
the issue related to a Convention on cultural diversity and conduct
these negotiations in accordance with the terms of the EC Treaty on
behalf on the EU and its Member States;
44. Calls on the Commission to submit a new Communication to the Council
and the European Parliament setting out its position on the Convention
on cultural diversity and on its purpose, objectives and operating methods
and suggesting how it can tie in with other international instruments;
45. Urges the Member States, in taking stock of, registering and restoring
cultural assets, to pay particular attention to monuments, buildings
and everyday implements which are of great importance to the cultural
heritage of minority peoples;
46. Instructs its President to forward this resolution to the Council,
the Commission, the governments of the Member States, the Committee
of the Regions, the Economic and Social Committee, the Council of Europe
and UNESCO.
