Why we need European cultural policies: the impact of EU ...

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Decision 89/630/EEC on the commonaction to be taken for the adoption of a singleworld-wide HD television production standardby the Plenary Assembly of the InternationalRadio Consultative Committee.with some other speakers at the conference(Herold [2004], and Germann [2004]) sheargued that competition law, if adequatelyapplied and interpreted, could be used tobenefit cultural diversity.55 Directive 94/5/EC and 77/388/EEC59 Czech Republic, Estonia, Hungary, Latvia,Lithuania, Poland, Slovakia and Slovenia56 92/100/EEC: Directive on rental rightand lending right sets out the principle ofgranting an exclusive lending right – allowingthose concerned to prohibit or authorize thelending of their works by public institutions.Member states are allowed to simplyintroduce a right to remuneration and maytotally exempt certain categories of publicestablishment, such as public libraries oracademic libraries from having to observelending rights and to remunerate authors.57 OJ C 073 6 March 2001.58 In her paper at the Annual Congress ofthe Academy of European Law in December2004, Wekstein-Steg argued that in theapplication of competition rules to mergersin the media sector, so-called `small’ playershave very little with which to challenge themajor players in the European arena. This isa particularly sensitive issue with regard tonew technologies and Wekstein-Steg warnedthat according to the recent opinions of theEuropean Commission, it is an emergingmarket and the Commission does notconsider that there is any threat that particularplayers will be able to become dominant. Sheanalyzed mergers that have taken place inEurope in the past few years, and together60 Romania and Bulgaria61 ERICarts/Council of Europe, (2005).Compendium of cultural policies and trends inEurope, 6th Edition, www.culturalpolicies.net62 For example: A survey of thelandscapes and political policies of theEuropean Community candidate countriesin the broadcasting industry (IMCA 2004),a discussion paper – Structural fundsenlargement and the cultural sector (Mercouris2002) – studies about cultural cooperation,mobility, the audio-visual sector, copyright, andso on. If they had been published in the pastfew years, all of these studies also includedinformation about candidate countries and thenew member states63 http://europa.eu.int/comm/enlargement/index_en.html64 The 2005 edition includes 36 countryprofiles84Notes
65 See Annex 1 for a copy of thequestionnaire.66 This is line with Sedelmeier whoindicated that one of the challenges lies in theneed to assess the vast policy-making processregardless of the fact that it is continuouslychanging and developing (Sedelmeier, inWallace and Wallace [eds] [2000]).67 Two slightly different versions ofthe questionnaire were sent out to therespondents in the eight new member statesfrom central and eastern Europe and to therespondents in Rumania and Bulgaria.68 Eleven respondents included sixresearchers, four public servants and onecultural activist.69 This is an opinion shared by severalrespondents.70 Progress reports can be found at theEC website.71 This is particularly interesting for postsocialistcountries because they have notyet completed the process of structuralchanges and have barely begun to adjusttheir cultural markets to the new rules of themarket economy (Mucica 2003). Mucicastressed that the adjustment of existinginstruments regulating culture or draftingnew legislation, which are the most importantgoals of the reform of cultural sectors, cannotbe assessed without taking into account thereform of public administration, tax systemsor initiatives for decentralization, whichhave not necessarily been aimed at culture,but have been fundamentally changing thecultural sector. She also emphasized that it isvery difficult, if not impossible, to draw a linebetween the changes that are happening inpost-communist countries as a consequenceof the enlargement and those that areconsequences of the transition to a marketeconomy or adjustments to requests for theliberalization of trade.72 Negotiations on Chapter 20 wereopened between 1998 and 2000 andwere provisionally closed with most of thecountries in 2002, without any `transitionalarrangements’ (meaning that matters wereadministered in a straightforward way, andthere was no need for delay in applyingspecific laws or policies).http://europa.eu.int/comm/enlargement/negotiations/chapters/chap20/73 This was not reported by any of therespondents. Usually this kind of assessment/evaluation comes from outside. In this case,it was the opinion of the Commission, whichconstantly stresses that the harmonization isan ongoing process.74 Such as: European Conventionon Cinematographic Co-production(ETS No.147, 2 October 1992); the Fundfor funding co-productions, Èurimages’(1988), and the European Convention onTransfrontier Television (ETS No.132, 1998).Progress reports on the pre-accessionNotes85
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Why we need European cultural polic
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Prologue When I decided to research
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If I had the opportunity of startin
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Measures directly referring to cult
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obstacles encountered during the pe
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Part 1Theconceptualframe ofthe stud
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argument referred to identifying ex
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Gray called for comparative researc
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The Council of Europe and comparati
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a broader understanding of culture,
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The first one is a `macro’ dimens
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Part 2European Union,culture andcul
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narrow sense - still remains exclud
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Niedobitek (see page 29) drew atten
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Page 38 and 39: while enlargement negotiations were
Page 40 and 41: ights.56 Since the mid-1990s, the E
Page 42 and 43: This included information about Cha
Page 44 and 45: Gradual development and introductio
Page 46 and 47: of the background presented earlier
Page 48 and 49: Èventually, a solution was found,
Page 50 and 51: In regard to other taxes, opinions
Page 52 and 53: meet the recently introduced regula
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Page 56 and 57: One of the recommendations in the F
Page 58 and 59: IPR legislation into line with Worl
Page 60 and 61: Preliminary assessmentof the impact
Page 62 and 63: Changes in taxation policies were n
Page 64 and 65: policy areas and the ensuing transf
Page 66 and 67: Part 3What willthe futurebring?68 P
Page 68 and 69: Manuel Barroso, President of the Eu
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Page 73 and 74: Instead of a conclusionThe aim of t
Page 75 and 76: 1 The French term acquis communauta
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Page 79 and 80: 30 OJ C 336, 19/12/1992.31 1st Repo
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Page 89 and 90: Aubry P, (2000)The `Television with
Page 91 and 92: Draus F, (2001)Èst-Ouest, le dit e
Page 93 and 94: Futo P, Cuculić J, et al (2002)Met
Page 95 and 96: Laher L, (2001)Trapped in the notio
Page 97 and 98: Puchala D J, (1971)Òf blind men, e
Page 99 and 100: Weidenfeld W, Wessels W, (1997)Euro
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Page 105 and 106: Annex 3List of CPRA jury membersMil
Page 107 and 108: Political Economy Cultural Economic
Page 109 and 110: Annex 4GlossaryAcquis communautaire
Page 111 and 112: Cultural marketsA term used to desc
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Page 115: Author: Nina ObuljenEditor: Janet H
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