Article 151: research paper of Joost Smiers

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Friendly enough, Mr. Joost Smiers (professor from Utrecht) has gifted us with his research paper on "The role of the European Community concerning the cultural article 151 in the Treaty of Amsterdam". Stimulating cultural cooperation and providing space (in the abstract sense) for it and finally taking culture as an issue (a major one!) in consideration are the key elements the study is based on. 

Business sponsorship of cultural activities - a Council Resolution

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The full title of Document 486Y1213(02) is: Resolution of the Ministers with responsibility for Cultural Affairs, meeting within the Council of 13 November 1986 on business sponsorship of cultural activities (86/C 320/02). Regardless of the date, it is the latest EU document in the subject. Click here .

Culture in the EU Treaties

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This file shows the occurences of the words culture, cultural or artistic in the consolidated texts of the European Treaties. Only the most essential settings of the occurrences are selected, for exact and complete context you should consult the full texts. The search was done by the Budapest Observatory.

THE TREATY ON EUROPEAN UNION

PREAMBLE

Drawing inspiration from the cultural, religious and humanist inheritance of Europe, the values of which, still present in its heritage, have embedded within the life of society the central role of the human person and his or her inviolable and inalienable rights, and respect for law,

DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,

PART I

TITLE I - COMMON PROVISIONS

Article 3: The Union's objectives

3 ...   It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

 

THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART ONE, PRINCIPLES

TITLE I, CATEGORIES AND AREAS OF UNION COMPETENCE

Article 6

The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:

(c) culture;
 

TITLE II, PROVISIONS HAVING GENERAL APPLICATION

Article 13

In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.
 

TITLE VII, COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS

CHAPTER 1, RULES ON COMPETITION

SECTION 2, AIDS GRANTED BY STATES

Article 107

3.   The following may be considered to be compatible with the internal market:

(d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Union to an extent that is contrary to the common interest;

 

TITLE XII, EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT

Article 165

1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.
 

TITLE XIII, CULTURE

Article 167

1. The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

2. Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in the following areas:

·         improvement of the knowledge and dissemination of the culture and history of the European peoples,

·         conservation and safeguarding of cultural heritage of European significance,

·         non-commercial cultural exchanges,

·         artistic and literary creation, including in the audiovisual sector.

3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, in particular the Council of Europe.

4.   The Union shall take cultural aspects into account in its action under other provisions of the Treaties, in particular in order to respect and to promote the diversity of its cultures.

5.   In order to contribute to the achievement of the objectives referred to in this Article:

·         the European Parliament and the Council acting in accordance with the ordinary legislative procedure and after consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,

·         the Council, on a proposal from the Commission, shall adopt recommendations.
 

PART FOUR, ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

Article 198

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.

Article 207

The Council shall also act unanimously for the negotiation and conclusion of agreements:

(a)   in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the Union's cultural and linguistic diversity;
 

CHAPTER 3, THE UNION'S ADVISORY BODIES

Article 300

2.   The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socio-economic, civic, professional and cultural areas.

 

DECLARATIONS, ANNEXED TO THE FINAL ACT OF THE INTERGOVERNMENTAL CONFERENCE WHICH ADOPTED THE TREATY OF LISBON, signed on 13 December 2007

16.   Declaration on Article 55(2) of the Treaty on European Union

The Conference considers that the possibility of producing translations of the Treaties in the languages mentioned in Article 55(2) contributes to fulfilling the objective of respecting the Union's rich cultural and linguistic diversity as set forth in the fourth subparagraph of Article 3(3). In this context, the Conference confirms the attachment of the Union to the cultural diversity of Europe and the special attention it will continue to pay to these and other languages.

 

THE CHARTER OF THE FUNDAMENTAL RIGHTS OF THE UNION

PREAMBLE

Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law.  It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice.  The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, goods, services and capital, and the freedom of establishment.
 

TITLE III - EQUALITY

Article 22:   Cultural  , religious and linguistic diversity

The Union shall respect cultural, religious and linguistic diversity.

Article 25: The rights of the elderly

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life. 

Chapter 20: the cultural sector in the progress reports of the accession countries (2003)

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Extracts from the progress reports on the pre-accession countries (Bulgaria, Czech Republic Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia), adopted by the Commission on 5 November, 2003.

Read more: Chapter 20: the cultural sector in the progress reports of the accession countries (2003)

Chapter 20: the cultural sector in the progress reports of the accession countries (2002)

Details

Extracts from the progress reports on the pre-accession countries (Bulgaria, Czech Republic Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia), adopted by the Commission on 5 November, 2003.
We have kept the previous bunch of extracts as well, as adopted on 9 October, 2002.

Read more: Chapter 20: the cultural sector in the progress reports of the accession countries (2002)

New work plan on European cooperation in the field of culture - a Council Resolution

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The Official Journal of the European Communities has published the Council resolution on European cultural cooperation (2002/C 162/03) as a result of the different meetings of the Ministers for Culture of the European Union. The document underlines the necessity of adopting a "more coherent approach to action" in the field of culture and of "placing culture at the heart of European integration". The document contains an "indicative list of topics" that should be primarily addressed, among which are the European added value, the access to and visibility of the cultural action of the Community, dialogue and cooperation between member States, new Member States and third countries. 

Preserving digital content for future generations - a Council Resolution

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The Official Journal of the European Communities has published the Council resolution on preserving digital content for future generations (2002/C 162/02). The document notes that the cultural and intellectual assets of our society are dependent on rapidly changing technologies, on fragile media and are widely distributed geographically, hence they are at great risk of irremediably lost unless positive measures are taken to preserve them. Accordingly, the Council proposes, among other objectives, the development of policies for preserving digital culture and heritage, the analysis of appropriate investments and the creation of mechanisms for the exchange of knowledge and skills. 

Promoting Voluntary Organisations and Foundations

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The following are extracts from the annexes to the main text of the Communication dating from 1997 which analyses and favourably assesses the role of the third sector in the member states.

Read more: Promoting Voluntary Organisations and Foundations

Ruffolo Report on Cultural Cooperation in Europe

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The European Parliament had assigned its Committee on Culture, Youth, Education, the Media and Sport to outline the current situation of, along with useful recommendations on, cultural cooperation in Europe in January 2001. Rapporteur Giorgio Ruffolo had been charged with the preparation of the report which was published on 16 July 2001. The report consists of two parts:

• the motion explores antecedents expressed in a sophisticated manner ("having regard to..." and "whereas...") but also gives a detailed description of what to do and how to do it in order to enhance the aim of the study while
• the explanatory statement practically provides background information i.e. a summary of relevant issues in the cultural sector of the EU and the comparative analysis of European cultural policies.

Read more: Ruffolo Report on Cultural Cooperation in Europe