Ministers’ Deputies
CM Documents

CM(2009)111 30 July 20091
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1066 Meeting, 23 September 2009
7 Education and culture


7.2 Steering Committee for Culture (CDCULT)

a. Abridged report of the 8th plenary session (Strasbourg, 14-15 May 2009)
b. Renewal of the terms of reference of the CDCULT for 2010-2012
c. Draft Recommendation CM/Rec(2009)… of the Committee of Ministers to member states on national film policies and the diversity of cultural expressions

Item to be considered by the GR-C at its meeting on 10 September 2009

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Opening of the Meeting

1. The 8th plenary session of the Steering Committee for Culture (CDCULT) was held in Strasbourg from 14 to 15 May 2009 with Ms Deiana Danailova (Bulgaria) as Chair. Forty-five delegations from States Parties to the European Cultural Convention participated. The CDCULT adopted its agenda as set out in Appendix 1. The list of participants and the complete report can be obtained from the Secretariat.

2. The CDCULT heard a report from the Chair summarising progress achieved over the past year including her special contribution to the CDCULT’s work by hosting extraordinary meetings of the CDCULT Bureau in Sofia (March 2009 and planned for 2010), her participation in international conferences held in 2008 and information on the exchange of views held with the Chair of GT-REF.INST (Committee of Ministers Working Party on Institutional Reform) on 14 April 2009.

3. The Committee heard statements by the Director General of DG IV / Coordinator for Intercultural Dialogue and for the Anti-discrimination Campaign and the Director of Culture and Cultural and Natural Heritage on the CDCULT’s work prospects in the context of the Organisation’s political and budgetary developments and the implementation of the Third Summit Action Plan priorities.

4. The CDCULT renewed Ms Deiana Danailova as Chair and Ms Christine M. Merkel (Germany) as Vice-Chair of the CDCULT for another year in office (until spring 2010).

Progress report on the 2008 Programme of Activities and recent developments at national level

5. The CDCULT held an exchange on recent developments at national level before turning to the 2008 Programme of Activities. It examined and noted with satisfaction the results of its cultural policy and intercultural dialogue projects and activities, namely (1) “CultureWatchEurope”, (2) “Compendium project”, (3) “National Cultural Policy Reviews”, (4) “Review of National Film Policies in Europe”,: (5) “Follow-up action to the Conference of Ministers of Culture, Baku, 2 and 3 December 2008”, (6) “Intercultural Cities”, (7) “Council of Europe Art Exhibitions”, (8) “Cultural Routes” and (9) the “Kyiv Initiative Regional Programme”.

The CDCULT:

5.1. discussed in detail the important progress made on the Compendium online information system on cultural policy trends and good practices and agreed on the need for substantial resource mobilisation including a more regular support system by member states to secure optimal development of this key activity;

5.2 welcomed the Krakow conference on “Culture and development in Europe 20 years after the fall of communism” to be held as a first event under the banner “CultureWatchEurope” (4-6 June 2009) and the preparation of a comprehensive background study, as well as the forthcoming analysis of the impact of the financial crisis on culture and public cultural institutions, in anticipation of a cultural policy event in 2010;

5.3. welcomed the achievements of the Intercultural Cities project, which included testing the intercultural integration concept on the ground and mapping policy developments in cities. The CDCULT also supported further work on benchmarks for intercultural urban policy and broader implementation of the programme following its pilot phase;

5.4. approved the draft recommendation on national film policies and the diversity of cultural expressions in Europe with minor text adaptations and agreed to forward it to the Committee of Ministers for adoption;

5.5 welcomed the conference report drawn up following the Conference of Ministers responsible for Culture, (Baku, 2-3 December 2008), thanked the Government of Azerbaijan for their generous hosting of the event and their special support to the Artists for Dialogue initiative and took note of the information provided on the Conference of Ministers of Culture of Islamic States (Baku, 13-15 October 2009) to which some fifteen European states will be invited by the Government of Azerbaijan.

Future work of the Committee and working methods

6. The Committee held an in-depth exchange of views on the proposals made for work priorities 2010 directly related to the Third Summit Action Plan and topical policy needs of governments, i.e. preparatory work for the establishment of an Intercultural City network based on the results of the Intercultural Cities pilot programme. Debates were also held in the framework of “CultureWatchEurope”, on Compendium content and geographical development and the planning of a major conference on the impact of the financial crisis on the cultural sector and cultural institutions as well as the implementation of Cultural Policy Reviews (including Turkey). Further discussions included initial work on the assessment and updating of the European Convention on cinematographic co-production and, on a pilot basis, the implementation of the Artists for Dialogue Programme. The CDCULT’s Bureau will consider the proposal made by the CDCULT delegates for updating the European Cultural Convention of 1954. For its forthcoming plenary session, delegates asked to be provided with details on available resources in different programme lines and proposed a debate on further streamlined programming.

6.1. Following the recent study of the Committee of Ministers, the CDCULT discussed its working methods and noted proposals for possible improved organisation that inspired an action list to be endorsed by the Bureau at its autumn session. The Chair of the Steering Committee for Cultural Heritage and Landscape (CDPATEP) presented the CDPATEP’s work. Future co-operation on projects and issues of shared concern was welcomed and the autumn Bureau meetings of both Committees will be tuned to each other as regards meeting dates so as to allow for exchange.

6.2 The CDCULT approved its draft revised terms of reference for the period 2010-2012 by written procedure and asked the Secretariat to assure appropriate follow-up.

Co-operation with other Council of Europe bodies and international organisations

7. The CDCULT took note of the information provided by the representative of the CDCS, reporting on the Council of Europe Conference of Ministers responsible for Social Cohesion (Moscow, 26-27 February 2009). It endorsed the comments on Congress Recommendation 261 (2009) on “Intercultural Cities” and Recommendation 266 (2009) on “The future of cultural tourism – towards a sustainable model by written procedure”. It also appreciated the participation by the Education and Culture Grouping of the INGOs and the European Network of Cultural Administration Training Centres (ENCATC) at its session.

Dates of meetings of the CDCULT Bureau and of the 9th plenary session of the CDCULT

8. The CDCULT decided to hold an extraordinary meeting of its Bureau, without financial implications for the budget of the Council of Europe in early 2010 in Sofia, hosted by the CDCULT Chair and its 9th plenary session in May 2010. It noted that the 8th meeting of the Bureau would take place in late autumn 2009 with one full or half-day of joint work with the CDPATEP.

Appendix 1

Agenda

A. OPENING

1. Opening of the meeting, adoption of the agenda and welcome

2. Report by the Chair on her chairmanship over the last year

3. Elections

B. CDCULT COMMUNICATIONS, PRIORITIES AND WORKING RELATIONS

4. Recent developments at national level – short reports by CDCULT members

5. Recent developments at the Council of Europe – report by the Director, including on work priorities in the context of the programme of activities 2009/2010 and related budgetary issues

6. Working Methods and Relations

6.1. Working relations with Council of Europe bodies including the Steering Committee for
Cultural Heritage and Landscape (CDPATEP)
6.2. Renewal of the Terms of Reference of the CDCULT for 2010–2012 and reflection on
enhancing the Committee's working methods

C. CDCULT CULTURAL POLICY ACTIVITIES

7. Cultural policy information and monitoring activities

7.1. “CultureWatchEurope” – Council of Europe Cultural governance observatory function
7.2. Conference on culture and development in Europe 20 years after the fall of communism,
Krakow, 5 and 6 June 2009
7.3. Compendium project: latest developments and resource mobilisation
7.4. National Cultural Policy Reviews and sectoral studies
7.4.a. - Cultural Policy Review Programme – progress report
7.4.b. - Review of National Film Policies in Europe: draft recommendation

D. CDCULT ACTIVITIES RELATED TO INTERCULTURAL DIALOGUE

8. Activities related to Intercultural Dialogue

8.1. Conference of Ministers responsible for Culture, 2 and 3 December 2008, Baku, Azerbaijan:
follow-up action including the Artists for Dialogue initiative
8.2. Intercultural Cities project – progress report
8.3. Council of Europe Art Exhibitions – progress report on art after 1945
8.4. Cultural Routes of the Council of Europe

E. PROGRESS ON THE KYIV INITIATIVE REGIONAL PROGRAMME

9. Kyiv Initiative Regional Programme

F. OTHER BUSINESS

10. Preparations for the 8th Meeting of the CDCULT Bureau (Autumn 2009)

11. Information on the Council of Europe Conference of Ministers responsible for Social Cohesion – Final declaration

12. Any other business

12.1. Draft CDCULT reply to Congress 2009 Recommendations: 261 and 266

G. ADOPTION OF THE LIST OF DECISIONS AND CLOSING OF THE MEETING

Appendix 2

Draft terms of reference of the Steering Committee for Culture for 2010-2012

Fact sheet

Name of Committee:

Steering Committee for Culture (CDCULT)

Compliance with Resolution Res(2005)47:

YES
(These terms of reference are aligned with the findings of the recent study on steering committees, by the Committee of Ministers (2008/2009), in particular regarding full exploitation of the CDCULT’s unique role in providing guidance, standards and good practices for national policy making and legislation, as well as a comprehensive cultural policy information system – with the Council of Europe being the only European organisation with full competence and mandate in the cultural field.).

Programme of activities: project(s)

Programme V.3.1 – Implementing Council of Europe standards for culture and cultural heritage, and co-operation in priority regions (South-Eastern Europe, South Caucasus and Black Sea)

    · Project 2007/DG4/1142 – Kyiv Initiative

Programme V.3.2 – Promoting dialogue and cultural and natural diversity

    · Project 2005/DG4/434 – Cultural policies and governance for diversity, dialogue, access, participation and creativity

Programme V.4.1 – Intercultural dialogue – Follow-up to the “White Paper on Intercultural Dialogue”

    · Project 2008/DG4/1371 – Intercultural cities: governance and policies for diverse communities
    · Project 2009/DG4/2004 – Intercultural dialogue through arts and heritage

Project relevance:

1. Third Summit Action Plan chapter

    · III.5 – Protecting and promoting cultural diversity
    · III.6 – Fostering intercultural dialogue

2. Contribution to core values

Agreements and common action on culture with a view to achieving greater unity between its members are part of the Council of Europe’s aims as set out in the Statute of the Organisation of 5 May 1949 (Article 1, Chapter 1). The political relevance of culture vis-à-vis the long-term mission of the Council of Europe is manifested through:
– culture’s close links to values on which the Council of Europe was founded and the role of culture in forging a Europe of solidarity and shared standards (“culture is at the heart of the mission of the Council of Europe”);
– democratisation and sustainable development, which are inextricably linked with cultural development and cultural policies (“building on culture to consolidate democracy”);
– cultural rights, which are an important part of human rights (“guaranteeing access to culture for all”);
– culture’s role in managing diversity democratically (“using diversity as a force for democracy”);
– culture’s role in promoting intercultural dialogue and contributing to conflict prevention (“working for dialogue and peace”).

 

3. Committee of Ministers decisions

Political justification/framework

      · European Cultural Convention (ETS No. 18) (adopted in Paris, on 19 December 1954);
      · Declaration adopted by the Ministers responsible for culture, education, youth and sport of the states parties to the European Cultural Convention in Wrocław, on
      9 and 10 December 2004;

      · Declaration and Action Plan adopted by the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005);
      · Faro Declaration on the Council of Europe's Strategy for Developing Intercultural Dialogue, adopted by the Ministers responsible for cultural affairs of the states parties to the European Cultural Convention in Faro on 27 and 28 October 2005;
      · Memorandum of Understanding with the Alliance of Civilizations (29 September 2008), and extended Faro Open Platform (December 2008), now including ALECSO, UNESCO and the Alliance of Civilizations;
      · Recommendation 1758 (2006) of the Parliamentary Assembly of the Council of Europe on the “Follow-up to the Third Summit: priority for cultural co-operation” and reply adopted by the Committee of Ministers on 13 June 2007;

Consolidation, promotion and implementation of Council of Europe standards

      · Follow-up work to the European Cultural Convention (ETS No. 18), the European Convention on Cinematographic Co-production (ETS No. 147), the European Convention for the Protection of the Audiovisual Heritage (ETS No. 183) and its Protocol on the Protection of Television Productions (ETS No. 184) (once the latter two enter into force); follow-up to the Opatija Declaration on Intercultural Dialogue and Conflict Prevention, the Committee of Ministers Declaration on cultural diversity (2000) and its Recommendation No.
      R (2000) 13 on European policy on access to archives, as well as other guidelines;

      · Development and monitoring of non-binding standards (recommendations, good practices) in the cultural sector, with special attention to cultural governance, cultural diversity and intercultural dialogue, including follow-up to the “White Paper on Intercultural Dialogue”.

    Relevance to national strategies and country-specific needs of Council of Europe member states

      · Cultural Policy Review Programme (29th exercise underway) providing comprehensive analysis and technical assistance as requested by member states;
      · Targeted cultural policy assistance to member states and contribution to regional co-operation programmes, such as the Kyiv Initiative Regional Programme: Black Sea and South Caucasus.

 

Timeliness of projects (examples)

      · Cultural Routes: contributing to public awareness of shared heritage and promoting intercultural dialogue;
      · Recognising cultural events: raising awareness of the Council of Europe’s values, priorities and key messages, including intercultural dialogue and cultural diversity, by awarding labels to innovative artistic projects and developing exhibitions and special events;
      · Policy review: sectoral or transversal review of subjects relating to cultural policy, as requested by member states;
      · “CultureWatchEurope”: a consolidation of existing instruments to improve efficiency and increase awareness of current cultural policy issues.

Project added value:

1. Council of Europe as a leading agency and most important facilitator (examples)

    · The CDCULT has a pioneering role in cultural policy development and enhancing standards at European level. Based on its expertise, it has conceived innovative tools and projects that reflect the added value of intergovernmental work between member states.
    · An example is the information and monitoring system of the Compendium of Cultural Policies and Trends in Europe, which provides comparative data, analysis and good practice case studies to enhance cultural policies at national, regional and local levels. The importance of this project was underlined in the replies to the questionnaire of the study run on steering committees, by the Committee of Ministers in 2008/2009.

2. Project covering “new ground” (example)

    · Intercultural Cities is an innovative project to enhance democratic governance of cultural diversity, build capacity and raise awareness of diversity and dialogue issues at a local level, involving 12 cities during the pilot phase. It will be extended during the main phase of the project as of 2011 (in association with the Congress of Local and Regional Authorities of the Council of Europe and appropriate external partners and networks).

3. Possibility of partnerships with other international organisations (examples)

    · Intercultural Cities is run as a joint project with the European Commission.
    · To increase co-operation between UNESCO, the European Union and the Council of Europe, the Compendium system could be used in the follow-up at European level to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005).
    · The Compendium is also open to co-operation with other international bodies interested in creating similar information systems in Europe’s neighbouring regions.
    · Co-operation opportunities exist as a result of the Memorandum of Understanding with the Alliance of Civilizations, as well as in the framework of the Faro Open Platform.

Financial information:

Annual budget:

    · €47 700 for travel and subsistence expenses for participation of delegates (plenary: 49 delegates, bureau: 8 delegates) in the two meetings mentioned below;
    · €7 400 for interpretation, €1 500 for production of documents and postage and €7 000 for translation.

Number of meetings per year:

    · one plenary meeting of 2 days;
    · one bureau meeting of 2 days.

Number of participants:

    · delegates from 49 European states plus 20 other persons (participants from Council of Europe bodies, other participants from the European Commission, observer states, intergovernmental organisations, observers, experts).

Terms of reference for the Steering Committee for Culture (CDCULT)

1.

Name of Committee:

Steering Committee for Culture (CDCULT)

2.

Type of Committee:

Steering committee

3.

Source of terms of reference:

Committee of Ministers

4.

Terms of reference:

Having regard to:

Resolution Res(2005)47 on committees and subordinate bodies, their terms of reference and working methods (adopted by the Committee of Ministers on 14 December 2005 at the 951st meeting of the Ministers’ Deputies);

the Warsaw Declaration and Action Plan adopted at the Third Summit of Heads of State and Government of the Council of Europe (Warsaw, 16-17 May 2005), in particular chapters III.5 – “Protecting and promoting cultural diversity” and III.6 – “Fostering intercultural dialogue”;

the European Cultural Convention (adopted in Paris, on 19 December 1954);

the declaration adopted by the Ministers responsible for culture, education, youth
and sport of the States Parties to the European Cultural Convention (Wrocław,
9-10 December 2004);

the Faro Declaration on the Council of Europe's Strategy for Developing Intercultural Dialogue adopted by the Ministers responsible for cultural affairs of the States Parties to the European Cultural Convention in Faro on 27 and 28 October 2005;

the Memorandum of Understanding with the Alliance of Civilizations (29 September 2008);

the Open Platform of inter-institutional co-operation for intercultural dialogue (“Faro Platform”) (2 December 2008), to which ALECSO, UNESCO and the Alliance of Civilizations participate;

Recommendation 1758 (2006) of the Parliamentary Assembly of the Council of Europe on the “Follow-up to the Third Summit: priority for cultural co-operation” and reply adopted by the Committee of Ministers on 13 June 2007;

Memorandum of Understanding between the Council of Europe and the European Union
(11 May 2007);

 

Within the framework of the Programme of Activities, under Programmes V.3.1 – Implementing Council of Europe standards for culture and cultural heritage, and co-operation in priority regions (South-Eastern Europe, South Caucasus and Black Sea); V.3.2 – Promoting dialogue and cultural and natural diversity; V.4.1 – Intercultural dialogue – Follow-up to the “White Paper on Intercultural Dialogue”; and bearing in mind the criteria set out in Document CM(2006)101 final, the Committee is instructed to:

i.

concentrate its action on cultural policies, good governance in culture, the management of cultural diversity and intercultural dialogue with the key functions of devising/monitoring standards and policies, building capacity and awareness raising. This includes specifically to:

    · conceive and develop cultural policies through examination of local/regional/national policies and trends, as well as comparative transversal and sectoral studies, and provide policy recommendations; knowledge transfer through provision of policy information systems and sharing of good practices; cultural co-operation/action (such as the Cultural Routes Programme promoting intercultural dialogue) and pilot projects;

    · assist in the implementation of these cultural policies through targeted assistance and capacity-building activities, as well as regional co-operation initiatives;

    · develop, as appropriate, European standards, principles and good practices, in particular regarding the promotion of:

      - good governance in culture and the democratic management of diversity, inter alia, through intercultural dialogue;
      - access to and participation in culture;
      - enhancement of creativity;

    · implement standard-setting instruments and standards in the field of culture, notably:

      - the European Cultural Convention (1954);
      - the European Convention on Cinematographic Co-production (1992);
      - the European Convention for the Protection of the Audiovisual Heritage (2001);
      - the Protocol to the European Convention for the Protection of the Audiovisual Heritage on the Protection of Television Productions (2001);
      - any other legal instruments and tools, available or to be prepared, such as recommendations, declarations or good practice collections;

    · assume a role in observing cultural governance by overseeing information/monitoring systems;

ii.

organise the conferences of European Ministers responsible for cultural affairs of the Council of Europe and ensure their follow-up;

iii.

take into consideration the progress of work and pay particular attention to the relevance of its activities to the core values of the Council of Europe; develop, under its own responsibility, proposals for the Programme of Activities for the years to come;

iv.

co-ordinate its work with that of other committees and relevant Council of Europe bodies in order to ensure the highest possible level of synergy;

v.

contribute to the conception and implementation of transversal activities related to its area of competence, in particular with the Steering Committee for Cultural Heritage and Landscape (CDPATEP);

vi.

contribute to the dissemination of the results of this work, utilising them to the best possible effect, especially to the benefit of appropriate civil-society bodies and structures of each country.

5.

Composition of the Committee:

5.A

Members

i.

Governments of member states of the Council of Europe and of other states having acceded to the European Cultural Convention shall be entitled to appoint representatives of the highest possible rank responsible for cultural policies and action. Each of these states shall have one vote.

ii.

The Council of Europe budget shall bear the travel and subsistence expenses of one representative of each State Party (two in the case of the state whose representative has been elected Chair).

5.B

Participants

i.

The CDPATEP may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of the corresponding Council of Europe budget line.

ii.

The Parliamentary Assembly may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

iii.

The Congress may send one (or more) representative(s) to meetings of the Committee, without the right to vote and at the expense of its administrative budget.

5.C

Other participants

i.

The European Commission may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses.

ii.

The following states with observer status with the Council of Europe may send a representative to meetings of the Committee, without the right to vote or defrayal of expenses:

- Canada;
- Japan;
- Mexico;
- United States of America.

iii.

The “Education and culture” group of INGOs which has participative status with the Council of Europe may send one (or more) representative(s) to meetings of the Committee, without the right to vote or the reimbursement of their expenses.

iv.

The following intergovernmental organisations may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses:

- United Nations Educational, Scientific and Cultural Organisation (UNESCO);
- Organisation for Economic Co-operation and Development (OECD);
- Organization for Security and Co-operation in Europe (OSCE);
- European Free Trade Association (EFTA);
- Nordic Council of Ministers;
- Arab League Educational, Cultural and Scientific Organization (ALECSO).

5.D

Observers

 

The following non-member state of the Council of Europe:

- Israel;

and the following non-governmental organisations:

- European Cultural Foundation (ECF);
– European Cultural Centre in Delphi;
– Culture Action Europe (previously: European Forum for the Arts and Heritage/EFAH);
– European Network of Cultural Administration Training Centres (ENCATC);
– European Roma and Travellers Forum (ERTF);

may send representatives to meetings of the Committee, without the right to vote or defrayal of expenses.

6.

Working methods and structures:

 

    Within its terms of reference, the Committee elects a Bureau of eight members.

    In order to pursue its tasks, the Committee may have recourse to ad hoc meetings of limited numbers of its members, consultants and/or cultural policy experts, within its available budgetary resources.

    The Chair may, with the Committee's agreement and subject to the conditions and terms decided by it, invite persons with particular expertise in cultural matters to attend meetings, without the right to vote and within its available budgetary resources.

    The Committee and its Bureau shall organise their work in accordance with the provisions applicable to intergovernmental co-operation structures laid down by the Committee of Ministers.

7.

Duration:

 

These terms of reference will expire on 31 December 2012.

Appendix 3
Draft Recommendation CM/Rec(2009)…
of the Committee of Ministers to Council of Europe member states
on national film policies and the diversity of cultural expressions

(Adopted by the Committee of Ministers on … … 2009
at the … meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity between its members in order to safeguard and promote the ideals and principles which form their common heritage;

Reaffirming the fundamental importance of freedom of expression and of safeguarding diversity as common European ideals;

Considering the European Convention on Cinematographic Co-Production (ETS No. 147) and the vital contribution of the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual works (Eurimages) to European film culture;

Taking into account its Resolution Res(97)4 on confirming the continuation of the European Audiovisual Observatory, created with the mission to improve the transfer of information within the audiovisual industry and to promote a clearer view of the market and a greater transparency;

Considering the European Convention on Transfrontier Television (ETS No. 132), which foresees specific measures to ensure the broadcasting of European works;

Considering the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005), which recognises cultural diversity as a defining characteristic of humanity and strives to strengthen the creation, production, dissemination, distribution and enjoyment of cultural expressions;

Taking into account the Memorandum of Understanding between the Council of Europe and the European Union of 11 May 2007, and its potential to strengthen information exchange and co-operation in relation to audiovisual policies;

Affirming, in the spirit of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, that film has both an economic and a cultural nature so that making a distinction between cultural films and commercial films is neither possible nor desirable;

Aware that film is an important means of cultural and artistic expression with an essential role in upholding the freedom of expression, diversity and creativity, as well as democratic citizenship;

Recalling Parliamentary Assembly Recommendation 1674 (2004) on “Challenges facing the European audiovisual sector”, which states that the European audiovisual sector remains in a precarious state and that the real challenge facing this sector at present is to combine the artistic creativity and cultural diversity of European works with a truly European dimension, in terms of the cultural values that these represent and in terms of their market reach;

Taking into account the results of the Council of Europe Forum “Shaping Policies for the Cinema of Tomorrow” held in Cracow from 11 to 13 September 2008;

Asserting that national and regional policy makers and film bodies are responsible for putting in place policies that cover not only production but all aspects of the film value chain (development, production, distribution and marketing, screening, media literacy and training, access to audiences and film heritage) and that they encompass not only financial support but also regulation, research and data collection.

Affirming that it is notably through its ability to reach distinct audiences that film fulfils its cultural goals, in particular in relation to cultural diversity, and that film policies should seek to facilitate film’s access to audiences;

Aware that globalisation and market developments, technological developments and changing audience behaviour require constant adaptation of film policies in order to ensure that they continue to fulfil their goals,

Recommends that governments of member states:

a. use every available means in accordance with their constitutions and their national, regional or local circumstances to take into account the principles and implement the measures set out in the appendix to this recommendation with respect to the development of their film policies;

b. bring this recommendation to the attention of the relevant public and private bodies in their countries through the appropriate national channels;

c. use the existing Council of Europe cultural policy information tools to follow up on this recommendation, including knowledge transfer and the exchange of good practice;

d. reinforce the positive impact of the European Convention on Cinematographic Co-productions, the goal of which is to foster transnational co-operation in the cinema sector by reviewing this instrument with the view of ensuring its long-term effectiveness;

e. co-operate in the framework of the Council of Europe and, where appropriate, with other international organisations with common objectives and goals in the cultural field, in particular in the audiovisual field, in order to:

    i. study the possibility of developing a set of common goals and indicators, as well as common evaluation and benchmarking tools and guidelines for film policies, that could be used by member states on a voluntary basis;

    ii. consider future opportunities to continue the discussion, at European level, on key principles and issues for film policy in order to support the implementation of the measures and objectives set out in this recommendation and in other relevant legal texts of the Council of Europe and of the European Union in the field of film policy, creative industries and cultural diversity;

Asks the Secretary General of the Council of Europe to bring this recommendation to the attention of States Parties to the European Cultural Convention (ETS No. 18) which are not members of the Council of Europe.

Appendix to Recommendation CM/Rec(2009)…

Context

1. The conditions under which European films are financed, produced and accessed are undergoing massive change. While new opportunities are apparent, in particular as a function of technological progress and its potential impact on more diverse and improved access to film, most of the prevailing business models are obsolete and European films are struggling to obtain fair representation on screens worldwide.

2. While there is a longstanding consensus on the economic and cultural importance of having strong film production in Europe, it is clear that such production can be maintained and strengthened only if there is an increased emphasis on the effectiveness and efficiency of film policies and the optimisation of the use of resources at all levels.

3. Relevant European organisations and discussion fora allow the opportunity for the enhancement of synergies between national film policies and are a framework for continuous learning and the exchange of good practices.

4. A review of national film policies taking into account market and technology changes is needed to improve policy decisions that in turn will determine whether and to what extent the changes will be beneficial to the specificity and quality of European film.

Purpose

5. This appendix provides general guidelines for the review of national film policies with the aim of furthering their development and increasing their effectiveness in a changing audiovisual environment. The following priority areas have been identified: I) developing a comprehensive approach to film policies; II) addressing film development and production; III) improving the regulatory frameworks for co-production and co-distribution; IV) encouraging the distribution and circulation of European films. V) European cinema and young people; VI) realising the full potential of digital technologies; and VII) transparency and accountability.

I. Developing a comprehensive approach to film policies

6. Film policies should place emphasis on the different stages of the film value chain.

7. The role of public film bodies is to develop, implement and evaluate these policies, through funding, regulation and other appropriate means.

Recommended measures

8. National and (where appropriate) regional film authorities in Europe should in general:
– develop comprehensive film policies which address not only production, but also training, development, distribution, promotion and exploitation, as well as education and film heritage, in order to increase the chances of European films reaching audiences. Film policies should have clear principles and goals; combine continuity and adequate, evidence-based review mechanisms; dispose of clear and effective rules and instruments with a strong emphasis on transparency and accountability;
– ensure that the objectives of film policies and the specificity of audiovisual products are duly taken into account when devising and implementing other policies and regulations, and in particular in the areas of education, intellectual property rights, media, competition and trade. To that end, better co-ordination should be sought between the public bodies in charge of these policy areas, at regional, national and European levels;
– encourage film policy bodies to exchange, develop and implement common objectives and good practices.
– engage, on a voluntary basis and in a spirit of co-operation and solidarity, in transnational initiatives aimed at making best use of financial support available at European level and in particular at enhancing the user-friendliness, efficiency and operational complementarity of regional, national and European public financing and other forms of support.
– ensure that films that have been financed with public funds can be collected, preserved, restored and made available for cultural and educational purposes by recognised film heritage institutions. For example, film producers who have received public funding could be asked to agree that film heritage institutions arrange cultural screenings of those films without having to pay any fee.

II. Addressing film development and production

9. Public funds should reduce the risks linked to development for producers and, if possible, make a more effective use of production funding by providing adequate development funding.

10. In particular, development support should encourage the emergence of new talent and innovation.

11. Film policies should reward producers and distributors for taking greater responsibility for the results of their films. Therefore, producers and distributors should be encouraged to set up common strategies, as early as possible in the production process, with a view to better taking into account promotion and distribution costs and to developing realistic distribution strategies.

12. Film policies should adopt a comprehensive and structured approach to helping companies to grow, for instance by providing the opportunity for the funding of slates of films and facilitating access to finance.

III. Improving the regulatory frameworks for co-production and co-distribution

13. Co-production and co-distribution foster artistic and technical co-operation across borders and contribute to transnational circulation of films. Encouraging the conclusion of co-production and co-distribution agreements and ensuring their effective implementation are instrumental in promoting cultural diversity through film production. The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions recognises the contribution of co-productions to diversity and invites Parties to encourage the conclusion of co-production and co-distribution agreements (Article 12.e).

14. A range of opportunities exist for co-production in Europe and between European and non-European producers, but co-production rules in Europe need to support films’ artistic aims properly and to contribute as much as possible to the cross-border distribution of films.

15. The European Convention on Cinematographic Co-Production could advance these two objectives. It might need to be reviewed to fully take into account the changes that are taking place in how films are made, distributed and viewed, as well as the overall objectives of film policy.

Recommended measures

16. Member states should engage in a review of the European Convention on Cinematographic Co-Production to take into account new developments in markets, in technologies and in co-production practices.

17. States should also turn their attention to supporting slates of co-productions.

18. The circulation of co-produced works in each of the territories could be enhanced by making public funding conditional upon the existence of a realistic distribution plan.

IV. Encouraging the distribution and circulation of European films

19. European countries produce a wealth of films, but many of them encounter severe difficulties in reaching audiences, being in effect “crowded out” by productions from dominant players. The potential for cultural diversity of European film is therefore not being fully realised.

Recommended measures

20. While maintaining their commitment to supporting the circulation of films in cinemas, public policies should take account of how, film is consumed in the digital age. Public policies should also fully embrace the role that broadcasters (in particular public-service broadcasters), video on-demand providers and festivals play – or can play – in the circulation of films.

21. Linguistic barriers are ones that can be largely overcome by technology. Therefore, providing support for the subtitling and dubbing of films, in particular those intended for digital distribution, should be a priority.

22. All operators involved in the distribution of audiovisual content have a role to play in the development and implementation of film policy objectives. Such operators need to define and implement clear strategies to contribute to film policy goals relating not only to the financing of production, but also to the promotion of films and of film culture.

23. Member states should consider the possibility of improving the monitoring of the cultural objectives of the European Convention on Transfrontier Television in order to assess whether those objectives have a positive impact on the circulation of European films.

V. European cinema and young people

24. Particular attention needs to be paid to measures aimed at children and young people: the films they watch, how they watch them and how they engage with film culture. The development of audiences which appreciate the diversity of European films and actively seek such films is crucial to the success of European film.2

25. Film education is essential for the development of young audiences. It is important to provide film education both within the curriculum and through out-of-school activities.3

Recommended measures

26. Public film policies should actively support the production and distribution of films for young audiences.

27. Film education should be included in the curriculum in schools and film education initiatives should be developed both inside and outside school. Film education should preferably include the cinema experience.

28. Obstacles to the use of film in school should be removed, for instance by providing adequate equipment and facilitating licensing or special pricing. Producers of publicly supported films could be asked to agree to the educational use of their films as a condition for receiving public funding.

29. Instruments to facilitate the transborder circulation of European films for young audiences should be adopted or reinforced, for instance a video-on-demand service for children and young people both within and outside the educational environment, a European film education network and a European children’s channel.

30. Public funding for the dubbing and subtitling of children’s film should be a priority.

VI. Realising the full potential of digital technologies

31. Digital technologies are having an impact on the whole value chain, leading to new ways of creating, producing, distributing and accessing film, and offering new opportunities such as better quality of screening, increased flexibility of programming, and direct access to much wider film catalogues – at any time, and anywhere.

32. These benefits do not, however, flow automatically from the technology. Technology in itself cannot secure the circulation of European films.

33. More specifically, many European cinemas are struggling to switch to digital, in particular those with one or only a few screens.

Recommended measures

34. Robust, well informed public policies relating to digitisation in every phase of the value chain need to be developed urgently in every State Party to the European Cultural Convention.

35. Public policies should urgently and proactively take into account the need to support the emergence of business models for digital film and the development of new platforms and services for European cinema.

36. Such models should respect the diversity and specificity of cinemas in Europe and of their programming, and make sure that distributors keep control of release plans. Models should also ensure that all theatres wishing to engage in such a “digitisation process” can do so in a co-ordinated way, and within a reasonable timeframe.

37. European participation in the ongoing international digital cinema standards definition process should be strengthened and enforcement of these standards should be ensured.

38. Public intervention, including public-private partnerships, is essential to avoid further reduction of the screen space for European film.

39. Public policies should also:

− provide incentives for producers and distributors to take advantage of the opportunities that digital distribution offers;

− facilitate transborder distribution of film in digital format;

− review the release-window system to maximise the potential of digital distribution in all its forms;

− encourage people to copy digital films via legal means and combat film theft and infringement of copyright;

− encourage the accessibility of European film heritage through Europeana.

VII. Transparency and accountability

40. Transparency and accountability are key elements of effective policy making. The current level of transparency should not be considered as satisfactory: for example, vital data, related to film distribution on DVD, on television and through new on-demand services, or the presence of European film on international markets, are either too limited or not available.

41. Evaluation of performance and the results obtained, both cultural and economic, provides the basis for demonstrating the value of film policies and their further improvement.

42. Comprehensive, reliable and up-to-date data on the sector will furthermore contribute to a more favourable environment for private investment and for bank involvement in the sector.

Recommended measures

43. Both the providers and the recipients of public support should have the duty to ensure that the information is available to permit the proper evaluation and the fair remuneration of owners of copyright and the repayment of public loans.

44. In a context of growing competition between the various stakeholders, voluntary disclosure of data appears insufficient to ensure transparency. Therefore, regulatory intervention may be required both to ensure fair play and the accuracy, availability and disclosure of data, while securing the legitimate confidentiality of individual companies.

45. Public authorities in charge of film policies should be empowered to collect, process and make public, relevant data on all aspects of film production, distribution and exploitation, and be provided with sufficient resources to perform this task on the basis of sound methodology, as proposed by the European Audiovisual Observatory and the European Film Agency Research Network.

46. Governments should strengthen the position of the European Audiovisual Observatory and its ability to rise to the challenges of the audiovisual markets and technological change.

Note 1 This document has been classified restricted until examination by the Committee of Ministers.

2 The objective is not to support films specifically produced for young audiences, which is a separate issue, but rather to bring quality films to young audiences, with a view to teaching them about the variety and richness of film culture.

3 Within schools, the objective is to bring films to young audiences (discovering a film and making comments about it and analysing it). Outside school, several objectives can be advanced: encouraging film practice (through the organisation of specific workshops with a view to training young people in film programming, film direction, etc.) and nurturing the “film experience” (through taking them to cinema screenings).


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