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

countries disclosed regularly by theEuropean Commission also acknowledgedthat these countries were having to complywith the Council of Europe Convention onTransfrontier Television. However, the maindifference between this Convention andthe EU’s Directive on Television withoutfrontiers (Directive 97/36/EC) is that thelatter Directive applies both to domesticand `transfrontier’ broadcasting, while theConvention only applies to `transfrontier’programmes.75 In fact, the reform of the audiovisualsector started soon after the fall ofcommunism and at first countries undertookmany privatization reforms: such asprivatization of companies producing anddistributing audio-visual services and othercultural industries and generally eliminatingstate control.76 General Agreement on Trade inServices.77 In the Draft Constitution of the EuropeanUnion unanimity was required for negotiatinginternational trade agreements relevant toculture. Also, even before some of thesecountries became members or even startednegotiations, the European Commission wasactively participating in international tradenegotiations to secure the special treatmentof culture. One example was the so-called`Baltic model’, negotiated within GATS for thethree Baltic countries or in the case of Croatiawhen there was a pressure not to include anyaudio-visual services on the agenda (Obuljen,2002)78 The Polish negotiating position in thesphere of, `culture and audio-visual policy’,agreed to by the negotiating team in July1998, states the following: `As concernsCouncil Directive of September 22, 1997,Poland, accepting the requirements of theEU concerning VAT, should be able to applyfor a VAT reduction on books and magazines,which is allowed under the acquiscommunautaire. Polish legislation envisages0% VAT rates for the aforementioned culturalgoods, until the year 2000. Member Statesshall consider this issue individually. ThePolish notion of the best solution is close tothat of Italy, i.e. 0% VAT for book publicationsand 4% VAT for magazines’.79 Study of cultural cooperation in Europehas also argued that even in countries withfewer than 2 million inhabitants, it will benecessary to introduce a standard minimumVAT rate of 6 per cent on books (EFAH/Interarts Report 2003).80 A question about fixed book pricewas not included in the questionnaire. TheResolution on fixed book price is just aresolution and is not legally binding for newmember states (whereas the Directive onTelevision without frontiers is part of theacquis communautaire and therefore hasto be built into national legislation). Accordingto the data presented by the Compendiumof cultural policies and trends in Europe(2005) Slovenia is the only country amongnew member states included in theCompendium which has so far introducedthe fixed book price.86Notes