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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: Às 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
81 32001G0731(01) Council Resolutionof 23 July 2001 on exchange of informationand experience concerning conditions forprofessional artists in the context of EUenlargement.87 See European Forum for the Artsand Heritage (EFAH) and Interarts (2003)Report on the state of cultural cooperation inEurope, October.82 In this case, EU nationals – that isanyone holding an EU passport.83 According to the Compendium ofcultural policies and trends in Europe (2005),all countries were revising their legislationregarding movable cultural goods during theperiod of negotiations.84 Establishment of the Europeanobservatory of cultural co-operation wasinitially proposed in the Ruffolo Report(Ruffolo 2001).85 A decision not to include copyrightin the questionnaire was taken becausethere is enough information available aboutharmonization with the acquis communautaire.86 Analysis of the impact of the fundingprogrammes and Culture 2000 in particularwas done by the Commission, EuropeanParliament, European networks (such asEFAH for example) as well as researchinstitutes and consulting companies. Muchinformation can be found at the website of theBudapest Observatory (www.budobs.org).88 Estonia was an example: the CopyrightAct has been changed in 1992, 1996,1998, 1999, 2000 and 2001. This wasaccompanied by several amendments toother laws, for instance, the criminal code,consumer protection (ERICarts/Council ofEurope, 2005)89 Although most transition countriesopted for the continental model, (sometimesknown as droit d’auteur), at the same timethere is a clear conflict at the EU betweentwo concepts – a) Anglo-American and b)continental or droit d’auteur – in which theAnglo-American tradition, strongly supportedby the interests of major media companiesseem to be gaining ground (Macmillan 2004).Macmillan cited the example of theInformation Society Directive, which isextremely important for the future ofso-called `content industries’, and is,according to Macmillan, firmly rooted in theAnglo-American tradition.90 European Economic Area (EEA): 25 EUMember States plus Liechtenstein, Icelandand Norway.91 The two most recent IPR public debatesinternationally have been about medicinesfor developing countries and piracy – theinfringement of copyrights by unauthorizedNotes87
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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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Even though the author thought that
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Page 48 and 49: Èventually, a solution was found,
Page 50 and 51: In regard to other taxes, opinions
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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
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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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