THE ROLE OF MUSIC IN EUROPE - CONCLUSIONS

"The Council of the European Union,

Having regard to the Council Resolution of 16 September 1996 on the integration of cultural aspects into Community actions,

Having regard to the final document from the "Music for Europe, Europe for Music" meeting held in Ennis (Ireland) on 18 and 19 October 1996 and the proceedings which followed therefrom,

Having regard to the Council Decision of 30 June 1997 regarding the future of European cultural action, inviting the Commission to table proposals for the establishment of a single instrument for programming and financing,

1. Considering that music is a fundamental part of the cultures and history of our countries and constitutes one of the most important and omnipresent modes of individual and collective artistic expression in our everyday lives;

2. Recalling the infinite richness of the European musical heritage and the richness of contemporary new works distinguished by their diversity, vitality and constant ability to go on developing and regenerating themselves perpetually on contact with other cultures;

3. Aware that the musical creation process is based on a cycle which ranges from composition to dissemination of the work to the public and that music, as a means of artistic and cultural expression, cannot be separated from its eminently social role nor from the importance of the economic sector it reflects, which in Europe covers an infinite range of talents, know­how and professions and thus constitutes a source of employment to be taken into account, in particular in the case of young people;

4. Aware that it is important to ensure that the public can have access, throughout Union Member States' territory, to repertoires and to musical performances, in all their diversity and richness, and in addition to highlight European music in the world;

5. Aware that better access to repertoires will make it possible to develop, amongst the younger generation, an interest in and taste for music, and to promote the dissemination of different musical cultures;

6. Valuing the action already undertaken by the Council of Europe in the music field and recalling that the Community and the Member States foster cooperation with that organization and with other relevant international organizations in accordance with Article 128(3) of the Treaty establishing the European Community, by ensuring that the instruments adopted are complementary, with due regard for the individual identity and autonomy of each institution and organization;

7. Recalling that, since the programme of support for cultural cooperation activities in the European Union, Kaleidoscope, expires in 1998, it is important to prepare means of cooperation to be developed in the future and, without prejudice to the positions which may be adopted, to consider in detail the needs and topics of priority interest in the various sectors covered by the programme,

Welcomes the study "Music in Europe" produced by the European Music Office, offering for the first time a comprehensive approach at European level to all the sectors involved in the music creation cycle;

Expresses its determination to promote the European music sector, in particular by encouraging the emergence of an environment conducive to the circulation, exchange and dissemination of repertoires, performances and artists in Europe and in the world;

Agrees on the need to consider in more detail, in the context of the application of Article 128 of the Treaty establishing the European Community and in compliance with the subsidiarity principle, the work done in the Union together with the relevant authorities of the Member States and with professionals, to deepen knowledge of the needs of the European music sector in all its facets;

Invites the Commission:

to submit to it, in the framework of the Council Decision of 22 September 1997 regarding the future of European cultural action, proposals for the music sector designed to supplement the action of Member States by measures in particular in the following fields:

- improved access to music for a wider public, with particular attention being given to musical education from a very young age, by supporting innovative and exemplary projects highlighting the essential, integrating role of music in society;

- disseminating and composing music, promoting exchanges, especially of young creative and performing artists, and supporting the circulation of repertoires, performers and musical productions (live performances);

- enhanced skills for artists and other music professionals, especially in the framework of the new possibilities afforded to musical creation by the new information technologies, and vocational guidance in the music sector;

- the possibility, within the existing structures and within the limits of available financial resources, of improving the mutual information of the Member States on musical knowledge through, for example, a strengthening of existing networks, or by creating a monitoring centre or a European information and documentation centre."

EUROPEAN CITY OF CULTURE

The Ministers for Culture held a detailed discussion on the choice of the European City of Culture for the year 2001. The Presidency was obliged to note that despite the major efforts which it had made over the six months and within the Council itself to reach a solution at this meeting, the unanimity required to designate the host city had not been achieved.

To date, seven cities have applied to be chosen as "European City of Culture" in 2001, namely (in alphabetical order): Basel (Switzerland), Genoa (Italy), Lille (France), Oporto (Portugal), Riga (Latvia), Rotterdam (Netherlands) and Valencia (Spain).

Ministers' discussions focused mainly on the question of whether to designate a single city (as was the case from 1985 to 1999), or whether to opt for a network of cities (as in the year 2000) and in that case how many cities should be involved. The Presidency's suggestions for an ad-hoc decision­making procedure were also discussed, but without any agreement being reached.

It will be for the incoming United Kingdom Presidency to take the matter further.

The "European City of Culture" programme was launched in 1983, on the initiative of the Greek Minister for Culture, Ms Melina Mercouri. It involves designating a city in a Member State, for a period of one year, to host a number of cultural activities with the participation of the other Member States.

The programme began with Athens in 1985; all the other Member States have either taken part or will take part in successive years (1986 Florence, 1987 Amsterdam, 1988 Berlin, 1989 Paris, 1990 Glasgow, 1991 Dublin, 1992 Madrid, 1993 Antwerp, 1994 Lisbon, 1995 Luxembourg, 1996 Copenhagen, 1997 Thessaloniki, 1998 Stockholm, 1999 Weimar). Exceptionally, in view of the symbolic importance of the year 2000, 9 cities have been designated for that year (Avignon, Bergen, Bologna, Brussels, Cracow, Helsinki, Prague, Reykjavik and Santiago de Compostela).

In response to the popularity of the event, EU Ministers for Culture introduced a complementary scheme, the "European Cultural Month", intended for cities in non-member States. In 1992 they decided to open both events to non-member States in Europe which fulfilled two conditions, namely respect for human rights and a democratic political system.

The choice of "City" for 2001 is due to be the last to be taken in an intergovernmental framework. At the Council's request at the meeting, Commissioner OREJA presented a proposal for a Decision establishing a Community initiative for the "European City of Culture" event, based on the current Article 128 of the Treaty. This proposal, which must be adopted by the European Parliament and the Council under the co-decision procedure, provides for a selection procedure from the year 2002 involving a Council Decision by qualified majority on a proposal from the Commission and following consultation of the European Parliament. A jury of independent persons of standing would give a prior opinion on the applications received.

SITUATION OF COMMUNITY CULTURAL PROGRAMMES AFTER 31 DECEMBER 1998

At the Presidency's initiative, the Council held an exchange of views on the situation of the Community cultural programmes after 1998. The Kaleidoscope and Ariane programmes will come to a close at the end of next year, while the Commission proposal for a future single "Culture" programme will not be submitted to the Council and the European Parliament until some time in May 1998, with little chance, given the time needed for the co­decision procedure, of being operative before the beginning of the year 2000. It will thus be necessary to find a temporary solution for the interim period so as to avoid all the inconvenience which a break in Community support measures would entail.

All delegations agreed on the need to avoid a possible "gap". Each of the two solutions outlined by Commissioner OREJA, namely extending the existing programmes (by a Decision of the European Parliament and of the Council) for a certain period of time, or introducing transitional pilot schemes between the end of the current programmes and the start of the future framework-programme, was supported by a number of delegations. The Commission will adopt a position in the light of the Council's discussions.

REDUCTION OF VAT ON RECORDS

At the initiative of the Italian delegation, the Council exchanged views on whether VAT should be reduced on records and compact discs (CDs) by amending the sixth Directive on VAT.

Minister VELTRONI deplored the fact that, unlike books, discs were subject to the Union's maximum rate of VAT and were thus considered as luxury items or consumer goods with no cultural content. He emphasized that discs were a fundamental means of disseminating musical culture and that the high price of discs discriminated mainly against the young, the social group which consumed the most music but whose incomes were low. The Italian delegation felt that applying a reduced rate of VAT would promote sales of discs, thus probably compensating for the loss in receipts, and would give a boost to employment in the European music industry.

These arguments were supported by the Spanish, French and Greek delegations and, to some extent, also by the Finnish delegation. However, the Danish delegation was opposed on grounds of principle to any change in the existing rules, reiterating its preference for a single rate of VAT.

The Council concluded by calling on the Commission to prepare a study on this issue.

It should be remembered that under the terms of the sixth Directive on VAT, Member States may apply one or two reduced rates (which may not be less than 5%) to the goods and services listed in the Annex to the Directive. However, unlike other cultural goods and services such as books, periodicals and newspapers, admissions to shows or access to broadcasting services, discs are not included in the Annex.

On the basis of a report from the Commission, the Council reconsiders the scope for applying reduced rates every two years. On that occasion, or further to a Commission proposal, it may decide to modify the aforementioned list of goods and services. Recently, however, the Commission adopted a report on this area which concluded that this issue should be re-examined in the context of discussions on a new, common system of VAT planned for the coming years.

EUROPEAN GUARANTEE FUND TO PROMOTE CINEMA AND TELEVISION PRODUCTION

The Council again discussed the proposal for a Decision establishing a European Guarantee Fund to promote cinema and television production. It was obliged to note that, despite a new compromise proposal from the Presidency (to which the French delegation had suggested adding a further paragraph on promoting audiovisual works), and the support given to this by the majority of delegations, agreement was still not possible on this Decision. Under the Treaty, its adoption requires unanimity. However, four delegations continued to hold major reservations.

It will be up to the incoming United Kingdom Presidency to consider the matter further.

The aim of the proposal is to create a financial instrument capable of mobilizing investment to assist the European audiovisual programme industry. This instrument is intended to supplement the MEDIA II programme, which does not provide production aid as such. The Guarantee Fund would act as an insurer, offering banks and financial institutions the possibility of guaranteeing a part (50% maximum) of the credits and loans it granted to productions in this area. As a means of diversifying and sharing risks, the Fund would thus encourage financial institutions to become much more closely involved in operations to promote the audiovisual sector.

Management of the Fund would be entrusted to the European Investment Fund (EIF). In addition, a management committee, whose members would be representatives of the Member States and the Commission, would be set up for the purpose of closely monitoring collaboration between the EIF and the Commission and stating its views on the eligibility rules for projects.

In addition to the above, the compromise solution proposed by the Luxembourg Presidency provides for the following:

- A European Guarantee Fund designed to stimulate private investment in film production shall be set up on an experimental basis for a five­year period (1998­2002).

- On the basis of an independent external assessment, after the Fund has been working for three years, the Council will decide whether the Guarantee Fund should be extended or modified.

- The Community's budget allocation to set up the experimental Fund will be ECU 30 million, ECU 20 million of which will be paid in 1998 and ECU 10 million in 1999.

- Private capital coming primarily from financial institutions could top up the Fund's budget.

- During the experimental period, only cinema film projects will be eligible for guarantees from the Fund.

- The Fund will finance primarily low and medium­budget films which demonstrate a commercial viability strategy and which have international distribution potential.

- Special attention will be paid to European co­productions and projects enjoying minimum cinema distribution guarantees.

- 60% of the guarantees granted each year by the Fund will be allocated to cinema film projects whose total budget does not exceed ECU 4 million.

FOLLOW-UP TO THE GREEN PAPER ON THE PROTECTION OF MINORS AND HUMAN DIGNITY IN AUDIOVISUAL AND INFORMATION SERVICES

Mr OREJA presented the communication on this subject which had just been adopted. The communication contained a proposal for a Recommendation on cooperation at European level to ensure the protection in question.

The communication follows on, amongst other things, from the request sent to the Commission by the Council on 16 December 1996 to continue working on the Green Paper, within the sphere of Community competence, and, where appropriate, to propose new measures.

JOINT COUNCIL MEETING WITH THE ASSOCIATED COUNTRIES OF CENTRAL AND EASTERN EUROPE (CCEE) ON THE AUDIOVISUAL SECTOR

The Council held a joint meeting with the Ministers responsible for audiovisual matters in the Associated Countries of Central and Eastern Europe (CCEE). It was the third meeting of the "structured dialogue" between the European Union and the CCEE on cultural and audiovisual matters.

The meeting dealt with a subject of great topicality, viz. the protection of minors and human dignity in audiovisual and information services, in view of the well known problems in those areas (circulation of certain illegal material such as child pornography and incitement to racial hatred on the Internet, on the one hand, and minors' access to legal material intended for adults, on the other). The aim was, inter alia, to clarify the following questions:

- the measures taken or to be taken to adapt the associated countries' legislation to the rules of the "Television without frontiers" Directive on the subject;

- the place of these problems on the political agenda of the countries of Central and Eastern Europe;

- the views of the countries of Central and Eastern Europe on the practical solutions.

In order to provide matter for discussion the Commission had provided a working document which outlined the "acquis communautaire" in this area and summarized the strategy contemplated for the future as set out in its communication following up the Green Paper (see also the preceding item on the agenda).

The meeting showed that all delegations shared the same intention of making every effort to create in Europe a situation favourable to the effective protection of minors and human dignity. The Associated Countries of Central and Eastern Europe largely supported the approach adopted within the European Union, namely self­regulation by operators in close collaboration with all the parties concerned. It also emerged clearly that the process of adapting the Associated Countries' national legislation to Community rules was well under way.

MATTERS RAISED UNDER OTHER BUSINESS

- The Greek Minister submitted to the Council Greece's proposal for the organization of a cultural olympiad not only at the same time as the Olympic Games in Athens in 2004 but as a permanent institution. He pointed out that the General Conference of the UNESCO had recently unanimously adopted a specific resolution on the matter.

- The Greek Minister also informed the Council of the results of Thessaloniki, European City of Culture 1997, and reminded it that in December the Conference of the Ministers of Communication of the Member States of the Council of Europe would be held there.

- The Austrian Minister appealed to the Commission to submit rapidly the study requested by the Council on the cross­border system of fixed book prices. That appeal was supported by several other delegations and by the Presidency. It was pointed out that at its meeting on Culture in June the Council had asked the Commission:

"- to study the significance of Article 128(4) for the implementation of those Articles of the Treaty that may concern cross-border fixed book prices, and to indicate, if appropriate, the ways to enable fixed book price regulations/agreements within homogeneous linguistic areas to be applied;

 - to submit the conclusions of the study to the Council".

The Austrian Minister also wanted the Ministers for Culture to reach agreement on the definition of a book as a cultural product.

- The Swedish delegation informed the other delegations of the various events planned for the UNESCO Intergovernmental Conference on Cultural Policies (Stockholm, 30 March to 2 April 1998).

- The Swedish Minister gave details of the activities that would take place in Stockholm as part of the "European City of Culture 1998". That event would be officially opened on 18 January 1998.

- The Presidency gave an oral report on the Seminar on the advent of digital broadcasting in Europe (Luxembourg, 17 and 18 November 1998); it also briefed the Council on co­operation with the Council of Europe.

OTHER DECISIONS

(Adopted without discussion. In the case of legislative acts, votes against and abstentions are indicated. Decisions including statements to which the Council has decided to grant the public access are indicated by asterisks; the statements in question may be obtained from the Press Office).

FISHERIES

Agreement with Mauritania

The Council adopted a Regulation concerning the conclusion of the Agreement in the form of an exchange of letters amending the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania.

This agreement includes, inter alia, technical and financial provisions concerning the use by Community fishermen of the fishing possibilities provided for in the agreement.

YOUTH

Fight against racism, xenophobia and anti­semitism

Following the approval of the text at the Council meeting on Youth on 28 October the Council and the Representatives of the Governments of the Member States meeting within the Council formally adopted, in the official languages of the Communities, a Declaration on the fight against racism, xenophobia and anti­semitism in the youth field. See Press release No 11684/97 (Presse 306) for the full text of the declaration.

ENVIRONMENT

The Danube Convention*

The Council decided to approve, on behalf of the Community, the Convention on cooperation for the protection and sustainable use of the Danube. This Convention was signed on behalf of the Community on 29 June 1994; it is intended to establish a framework for bilateral or multilateral co­operation to protect the aquatic environment, to prevent and control pollution in the river Danube and to ensure sustainable use of the water resources of countries through which the river Danube flows.