Stockholm den 5 november 2006


KLYS svar på EU-kommissionens konsultation om kultur


Questionnaire

A. Important challenges

1. Are art and culture linked to the process of European integration and how can they contribute to it?

KLYS: Art and culture shall always be free and uncommitted powers in society. This is stated in one of the national goals adopted by the Swedish Parliament for Swedish cultural policy. Culture has values of its own and shall not primarily serve other purposes. KLYS is critical to the instrumentalization of culture; culture as a tool to obtain other goals in society such as regional economic development or ‘European integration’. KLYS is sceptical to the term ‘European identity’ as Europe today is a multinational continent with influences from many other countries. The cultural diversity in European countries is the very strength of a dynamic Europe.


2. Which are in your view the most important cultural challenges for Europe and for the European project in the 10 years ahead? Please explain briefly your choice. Please rank the challenges in decreasing order of importance.

KLYS: Cultural diversity is most important. To protect and promote cultural diversity inside and outside Europe is essential to offer a broad, diversified choice of arts and culture in media, cinema, books, magazines etc and to counteract standardization of culture. A true cultural diversity requires a strong and well functioning copyright system.


3. Do you think that culture plays a role in individual personal development and social cohesion in Europe? If so, please indicate how this role could be supported at European level?

KLYS: Yes. Culture is as necessary for our minds as the air in for our lungs and can be compared with ecological diversity. When the diversity is diminishing the system is distorted and in the end collapses. What we see in Europe is a strong popular reaction against policies to try to streamline nations, counties and local communities, without consideration for people’s way of living. A rich and vivid cultural life could not be imposed from above. This is one of the reasons why the process with the UNESCO convention on cultural diversity started.


4. Do you see a role for culture as a stimulus for creativity in Europe and as a catalyst for innovation and knowledge? If so, please indicate how this role should be supported at European level?

KLYS: Yes. But we see it as a threat against the cultural life if culture should be used as a tool for supporting trade and industry with creativity. The role of culture could be supported at European level by protecting the cultural diversity of Europe and the integrity of artists. To be able to maintain the integrity and creativity of artists there is an urgent need to developing and further harmonising the copyright (authors right) system(s) in Europe and by building a cultural infrastructure, for instance a European public library system as we have in the Northern countries.


B. The cultural sector, Community policies and cooperation in the European Union

1. Which are the most important challenges for the cultural sector in the European Union in the 10 years ahead? Please rank the challenges in decreasing order of importance.

KLYS:
1. Legal and regulatory environment; copyright regulation at international, EU and national level, EU law and national law in other areas than culture that affect the conditions for artists; VAT and other tax regulations, competition law, regulation of services, social security schemes, trade liberalisations etc. Simplification of cultural exchange, also with countries outside the EU.

2. National policies for culture; EU regulation can limit the possibilities for EU member states to have national policies for culture, for example national compensation schemes for authors writing in a certain language. The Swedish compensation scheme for library loans is currently threatened by EU regulation and will probably be tried in the EU Court of Justice quite. Article 151 in the EU treaty and the UNESCO convention on cultural diversity are important in this context, since the EU action in this case is a threat to cultural diversity.

3. Expression and representativity of the sector; the voice of the cultural sector is weaker than the voice of commercial and industrial stakeholders due to lack of lobbying resources. The European umbrella organisation for artists ECA – European Council of Artists - did not receive money from the EU commission this year which makes the voice of creative and performing artists in Europe even weaker, which is a great difficulty and challenge. The EU institutions shall not interfere in the cultural policy outlined by the independent cultural organisations in Europe.

4. The increased concentration of media ownership; leading to decreased cultural diversity in the media content both on line and in other media (TV, radio, magazines, cinemas etc). We fear that the EU will continue to support a large scale media sector for solely commercial reasons, something that affects both cultural diversity and possibilities for artists to express themselves freely.

5. Organisation within the EU; the subsidiarity principle and the unanimity rule in the cultural field are important to maintain. It is needed to clarify which competence is national and which is EU competence in cultural issues.

6. Community policy for culture; EU must respect the integrity of the national cultural policies carried out in the member states.

7. European agenda for culture; see above 4.

8. Financing of culture; in the Nordic countries we always refer to the ’arms length principle’, i.e that the politicians should provide the means for the cultural activities but not interfere in the content of the cultural actions and projects that should be decided by the cultural actors themselves.

9. Community culture programmes; The decisions of the EU are far from transparent in this and other cases (for instance the secret decisions for Culture 2000 money). On what grounds is the money decided? By whom? KLYS has negative experience of big emblematic EU arrangements, like cultural capital of the year.

10. Cultural cooperation with third countries; KLYS is very much in favour of supporting and promoting cultural cooperation with third countries.


2. In your opinion, which are the Community policies and their specific aspects that have the greatest impact on the activities of the cultural sector at European level or to which the cultural sector could make an important contribution? How are you affected by these policies, which developments in these policies could contribute to the development of your sector and its cross-border activities, what might this contribution consist of, serving which specific aims and with which partners? Have you identified any concerns or difficulties in relation to these policies? Which European developments could facilitate the involvement of your sector? Please rank the policies or policy areas in decreasing order of priority and indicate, if necessary, their specific aspects.

KLYS:
Audiovisual and media; EU copyright regulation should be protected and developed so that the copyright system can function as a true basis of income to creative and performing artists. Copyright gives hese artists a possibility to keep control over their works and to get fair conditions and compensations for the use of their works. The increased concentration of ownership in the media and audiovisual sector is leading to decreased cultural diversity in the media content both on line and in other media (TV, radio, magazines, cinemas etc)
Competition; EU competition policies can be a threat to cultural activities such as public service Tv and radio, state support to national film, collecting societies for creating and performing artists.

Employment and social affairs; EU should promote mobility for artists and reduce the obstacles.

Education and training; see Employment and social affairs

Enterprice and Industry; it should be made easier to act as a selfemployed artist in Europe

Freedom, security and justice; a strong freedom of expression is essential for artists

Information society; cross border regulation necessary

Internal market; EU directive for service – the cultural and audiovisual sector should be excluded from the rules of the directive, the recommendation of the EU commission on collective management of on line music

Taxation; the VAT directive, the possibility for member states to have a low VAT on culture should be kept

External trade; WTO/GATS - important to take cultural issues into consideration and apply the UNESCO convention on cultural diversity in these trade negotiations

Foreign policies;
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3. In addition to the Community policies and areas mentioned above, have you identified other fields in which coordination or cooperation at European level could significantly contribute to the fostering of the cultural sector? If so, which one(s)? What should such coordination/cooperation consist of and what would be the added value?

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C. International aspects and co-operation with international organisations

1. What is the scope of your activities and/or co-operation with and/or in third countries (outside the EU)? In which geographical areas and in which cultural sector(s)? Which should in your view be the objectives of the European Union in its relations with third countries in the field of culture? Which types of action(s) would contribute to these objectives?

KLYS: Within the ECA – the European Council of Artists – KLYS participates in activities with many European countries outside the EU. In 2007 the ECA Annual congress will take place in Roumania. Georgia is an important member country as well as Turkey. The member organisations of ECA consist of national artist organisations, normally umbrella organisations representing several art disciplines. Both creative and performing artist organisations are represented in ECA.

Within the INCD – the International Network for Cultural Diversity – KLYS keep contact with many countries throughout the world for example Canada, Mexico, Brazil, Israel, Palestine, Iraq, South Africa. Since 1998 KLYS has had a close cooperation with the Canadian organisation the Canadian Conference of the Arts (the CCA). Together KLYS and CCA took the initiative to create an international network for organisations in arts and culture with the main task to promote the creation of a legally binding instrument to protect cultural diversity for example in free trade negotiations within WTO and GATS.

In the development aid to the third world countries the EU should be careful to protect and support local cultures and not impose European values.


2. What is your experience of relations/cooperation with other international or regional organisations active in the cultural sphere, such as UNESCO or the Council of Europe? How do you see the relationship between action at EU level and within the framework of those organisations?

KLYS: KLYS has been closely monitoring the process within the UNESCO in its work with the creation of the convention on cultural diversity, which was adopted by the general assembly on its session in October 2005. KLYS has also strongly supported the creation of international cultural meeting places like the Baltic Centre for Writers and Translators in Gotland (Sweden) and the International Centre for Writers and Translators of Rhodes (Greece).


D. Arrangements for dialogue and co-operation at European level

1. Do you think there are particular difficulties in the framework of the dialogue between the cultural sector and the European institutions? If so, what are they? How do you think this dialogue should develop, both with regard to the cultural sector and the European institutions in order to make it more structured and sustainable?

KLYS: KLYS experience is that some DGs within the EU commission such as DG Internal Market and DG Competition do not take cultural aspects into consideration when they issue papers such as directives and recommendations in their own areas. An obvious example of that is the work of the Commission on the Recommendation on collective management of rights to on line distribution of music. The Commission must listen to all stakeholders, not only the loudest and richest, but also to the artists and their organisations, when they deal with matters that can affect the conditions for creative and performing artists.


2. What could be in your opinion the objectives common to the whole of the cultural sector at European level?

KLYS: The protection and promotion of cultural diversity in Europe. The EU institutions shall always consider the cultural aspects when acting according to other regulations in the treaty.


3. Among the areas of action in which more advanced coordination between Member States of the EU might be feasible, which are the ones with significant European value added for the world of culture? Should this coordination involve all Member States or could it be developed by a group of interested countries? Please present the areas in decreasing order of importance.

KLYS: KLYS is very sceptical to the term ‘European added value’. What is that exactly?