The European Parliament ,

–   having regard to the communication from the Commission to the Council and the European Parliament 'Towards an international instrument on cultural diversity' (COM(2003) 520),

–   having regard to its legislative resolution of 3 February 2000 on the joint text approved by the Conciliation Committee for a European Parliament and Council decision establishing the Culture 2000 Programme(1) ,

–   having regard to its resolution of 6 September 2000 on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions "Principles and guidelines for the Community's audiovisual policy in the digital age"(2) ,

–   having regard to its resolution of 1 February 2001 on new frontiers in book production: electronic publishing and printing on demand(3) ,

–   having regard to its resolution of 15 May 2001 on the Commission communications on the initiative and the action plan for 2001-2004 entitled - Designing tomorrow's education e-Learning(4) ,

–   having regard to its resolution of 5 September 2001 on cultural cooperation in the European Union(5) and in particular to paragraph 10 concerning the demand to submit a draft decision for setting up a 'European cultural observatory', with the aim of promoting the exchange of information and coordination between the cultural policies of the Member States and Community cultural policy ,

–   having regard to its resolution of 13 November 2001 on achieving better circulation of European films in the internal market and the candidate countries(6) ,

–   having regard to its resolution of 28 February 2002 on the implementation of the 'Culture 2000' programme(7) and the forthcoming Culture programme after 2006,

–   having regard to its resolution of 12 March 2003 on the General Agreement on Trade in Services (GATS), within the WTO, including cultural diversity(8) , and in particular its paragraphs 12 to 14,

–   having regard to its resolution of 4 September 2003 on Television without Frontiers(9) ,

–   having regard to its resolution of 4 September 2003 on European regional and lesser-used languages in the context of enlargement and cultural diversity(10) ,

–   having regard to its resolution of 4 September 2003 on cultural industries(11) ,

–   having regard to Article 149(1) of the EC Treaty and Article 151 of the EC Treaty, in particular paragraph 3 advocating stronger cooperation with third countries and the Council of Europe and paragraph 4 introducing an obligation to take cultural aspects into account in other Community policies,

–   having regard to the Preamble and Article 22 of the Charter of Fundamental Rights of the European Union,

–   having regard to Article 3(3), fourth subparagraph, of the Draft Treaty establishing a Constitution for Europe, affirming that the Union shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced; to Article II-22, affirming that the Union shall respect cultural, religious and linguistic diversity; to Article III-181(1), reaffirming that the Union shall contribute to the flowering of the cultures of the Members States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore, and paragraph 4, reaffirming that the Union shall take cultural aspects into account in its action under other provisions of the Constitution, in particular in order to respect and to promote the diversity of its cultures; to Article III-182(1), reaffirming that it shall fully respect the cultural and linguistic diversity of the educational systems of the Member States; to Article III-217(4), affirming the unanimity rule in the Council when negotiating and concluding agreements in the field of trade in cultural and audiovisual services, where these risk prejudicing the Union's cultural and linguistic diversity,

–   having regard also to the introduction of qualified majority voting under the provisions of the Draft Constitution to ensure support for internal policies in the cultural sector,

–   having regard to the Conclusions of the General Affairs Council on 26 October 1999 in connection with the new WTO negotiating round,

–   having regard to the Cannes declaration of 15 May 2003, in which EU Culture Ministers, in the presence of the chairman of its competent Committee and the Commissioner responsible for Culture, insisted on maintaining the unanimity rule for decisions relating to cultural and audiovisual services in trade agreements,

–   having regard to the conclusions of the informal meeting of the Ministers of Culture in Thessaloniki on 25 May 2003 on cultural diversity and the international instrument on cultural diversity,

–   having regard to the Florence agreement of 1950 as an international instrument which promotes the free circulation of objects of an educational, scientific or cultural nature(12) ,

–   having regard to the Declaration on cultural diversity by the Committee of Ministers of the Council of Europe of 7 December 2000,

–   having regard to the UNESCO Universal Declaration and Action plan on Cultural Diversity adopted by the General Conference at its 31st session on 2 November 2001(13) and the Union's support thereof,

–   having regard to the discussions and outcome of the high-level round table on cultural diversity and biodiversity for sustainable development (Summit on Sustainable Development, Johannesburg, 3 September 2002),

–   having regard to the Brixen/Bressanone declaration on cultural diversity and GATS adopted by the European Regional Ministers for Education and Culture at the Assembly for the European Regions on 18 October 2002,

–   having regard to the decision of UNESCO's General Conference on 17 October 2003 to launch work towards the drawing-up of a draft Convention on cultural diversity for the next session of the General Conference in 2005(14) ,

–   having regard to the decision taken at the African Union Summit in Addis Ababa on 10 July 2003, reaffirming the importance of cultural diversity and supporting the UNESCO process,

–   having regard to the statement by the Ministerial Conference of the Francophonie, held in Rabat on 4-5 September 2003, on the World Summit of the Information Society in Geneva,

–   having regard to the statement of the Culture Ministers from the ACP countries meeting in Dakar on 20 June 2003, notably undertaking to engage in debates and supporting the launch of negotiations for the adoption of a Convention on Cultural Diversity in the framework of UNESCO,

–   having regard to the adoption by the Commission of the Action Plan on Language Learning and Linguistic Diversity (COM(2003) 449) on 24 July 2003,

–   having regard to useful efforts deployed in the field of cultural diversity by organisations and civil society, such as the International Network for Cultural Diversity, the International Network on Cultural Policy, the International Organisation of the Francophonie, and the International Liaison Committee of Coalitions for Cultural Diversity,

–   having regard to Rule 163 of its Rules of Procedure,

–   having regard to the report of the Committee on Culture, Youth, Education, the Media and Sport and the opinion of the Committee on Foreign Affairs, Human rights, Common Security and Defence Policy (A5-0477/2003),

A.   whereas the preservation and promotion of cultural diversity are among the founding principles of the European model (COM(2003)520),

B.   whereas the accession countries will bring further cultural and linguistic diversity to enrich the Union,

C.   whereas cultural diversity cannot be preserved unless every individual has access to, and can participate in, his or her own culture,

D.   whereas cultural diversity is a concept of cultural development and a leading principle of sustainable development, involving cultural exchange and dialogue,

E.   whereas in some Member States cultural identities are not uniform and do not necessarily match the borders of those States,

F.   whereas cultural dialogue fosters mutual understanding between peoples in the interests of peace and is an appropriate method for effectively counteracting racism and xenophobia,

G.   whereas excessive concentration of the media poses a threat to cultural pluralism,

H.   whereas the European Union is attached to multilateral solutions as a fundamental element of external policy,

I.   whereas the Universal Forum of Cultures will take place in Barcelona in 2004, which will represent a great opportunity for intercultural dialogue,

J.   whereas obligations stemming from agreements reached within multilateral organisations complement those resulting from agreements reached within a WTO framework,

K.   welcoming the approval given by UNESCO's General Conference for a mandate enabling work to commence on the drawing-up of a Convention on Cultural Diversity,

L.   whereas every Member State, and the EC, must continue in future to have the legal right to take all measures in the fields of culture and the audiovisual media necessary to uphold and promote cultural diversity,

M.   whereas the opening of negotiations on the liberalisation of audiovisual and cultural services in accordance with the GATS rules would set in motion an ongoing liberalisation as a result of which the regional, national and European instruments for the promotion of the domestic audio-visual sector would be reviewed and consequently dismantled,

1.  Considers culture, in a globalised techno-economic modernisation process and in a situation of ongoing world-wide liberalisation, to be a fundamental dimension of human development;

2.  Considers that cultural diversity implies the recognition, promotion and development of local cultures, cultural industries, public policies on culture, openness towards other cultures and the protection of indigenous and national institutions and achievements, including the rich variety of languages, indigenous knowledge, traditions, lifestyles, artistic and cultural forms of expression, media pluralism and the diversity of educational systems;

3.  Points out that the principle of cultural diversity is still not recognised as a fundamental right under international law;

4.  Considers that the technologies of information and communication potentially present through their inherent flexibility an opportunity to foster cultural diversity and advocates non-discriminatory access to these technologies for all countries; points out, however, that the widening digital gap is exacerbating the disparities between the countries of the North and those of the South;

5.  Considers that the right of Member States, regions and infrastate entities, where appropriate, to define, implement and adapt cultural policies is one of the fundamental guarantees for the respect and promotion of cultural diversity;

6.  Calls upon the Intergovernmental Conference to consolidate the various references to cultural diversity and pluralism in the Draft Constitution by adopting the draft provisions as proposed by the Convention, in particular the unanimity rule in the Council laid down in Article III-217(4), when negotiating and concluding agreements in the field of external trade in cultural and audiovisual services;

7.  Calls upon the Commission to actively engage in facilitating, promoting and geographically extending exchanges in the field of culture, audio-visual services and education within Europe and with third countries in order to broaden the base for an international consensus on these matters, in particular in the framework for the Culture 2000, Youth and Socrates programmes after 2006 and in respect of all future programmes;

8.  Calls upon the Commission to actively engage in the promotion of cultural diversity within EC development and cooperation policies through the valorisation and significant enhancement of cultural co-operation actions and programmes with third countries, in particular to develop the cultural expression capacity of developing countries;

9.  Calls upon the Commission to foster cultural dialogue with national, federal and regional Ministers of culture and education, associating civil society and civil servants;

10.  Requests the Commission to submit a Communication, based on Article 151(4) of the EC Treaty, on how to incorporate culture as a cross-cutting principle applicable to all policies in the European Union, thereby assessing possible consequences for culture of decisions in other policy areas;

11.  Calls on the Commission to ensure that the growing trend towards concentration in the media does not lead to an oligopoly that threatens pluralism, cultural diversity and freedom of choice for consumers; renews its call for a directive on media pluralism and concentration;

12.  Calls upon the Commission to fully integrate the concept of European cultural diversity in its communication strategy, to provide information about the World Day for Cultural Diversity, 21 May, and to present proposals as to how to participate in this event;

13.  Calls upon the Commission to improve mobility opportunities of artists, creative works and cultural products and services;

14.  Considers that the aforementioned Convention on cultural diversity should fully acknowledge the necessity of preserving language diversity as a basic fact of development cooperation and international relations in general, and with that in mind calls for specific strategies for the preservation and protection of diversity and strategies for the promotion of multilingualism to be developed by means of active and concrete support for education in the mother tongue and for the acquisition of foreign languages, training and consciousness-raising without discrimination;

15.  Reaffirms its vigilance concerning the treatment of minority populations and minority languages, including indigenous languages, in the context of the enlarged Europe; reiterates the need for multilateral institutions, including regional ones, to protect and guarantee the rights and freedoms of all peoples, particularly in the context of a multi-polar world made up of regional units;

16.  Stresses that cultural services and products and education are not merchandise or consumer goods like any other, and must therefore be made subject to special conditions in the light of their dual nature as economic and cultural goods; these conditions must take account of the fact that the market cannot be the measure of all things, and must guarantee in particular diversity of opinion and pluralism;

17.  Reaffirms the importance of public services in preserving cultural diversity; in particular, stresses that public service broadcasting plays an important role in safeguarding cultural diversity and identity, democratic dialogue, media pluralism and access for all citizens to quality content and knowledge for their successful participation in the information society;

18.  Calls on the European Union to place an unmistakable stress, in the context of the WTO and GATS, on the nature of cultural services and products as cultural goods, and to exempt them from trade liberalisation;

19.  Calls upon the Union to actively promote at international level the recognition of the special nature and status of culture and to engage in multilateral talks within the forthcoming negotiations on a Convention on cultural diversity in UNESCO with a view to broadening the forum of countries supporting this action;

20.  Calls upon the Union to evaluate trade in cultural services and products as a common value in the light of the demands of sustainable development and cultural identity;

21.  Calls upon the European Union, its Member States and third countries to refrain from actions at international level, such as committing themselves to liberalisation under bilateral trade or investment agreements, which could compromise fundamental objectives in areas such as education and culture or undermine the ability of governments to support cultural and national identities;

22.  Calls upon the Council to fully implement and maintain on the 1999 mandate(15) given to the Commission regarding cultural and audiovisual goods and services;

23.  Stresses, in view of the twofold significance of cultural, audiovisual and education services in economic and cultural terms, that no negotiations should be opened in the context of GATS on liberalisation of these services, and further stresses that protection of support instruments, and thus of cultural diversity, cannot be achieved in the context of the WTO and GATS, but can only be promoted by negotiating a Convention within the framework of UNESCO; urges the Union to apply the unanimity principle strictly in foreign trade in cultural and audiovisual services with third countries, as is already laid down in the Treaty and in the draft Constitution;

24.  Reiterates its political determination that the GATS rules on cultural services, and on the audiovisual sector in particular, should not compromise the cultural diversity and autonomy of the WTO contracting parties;

25.  Asks the Commission for a list of offers made in the recreational, educational and audiovisual sector and possible consequences in these sectors;

26.  Requests the Commission to regularly and fully inform the European Parliament of its activities in international organisations;

27.  Considers that it is essential to recognise cultural diversity within the field of international law by negotiating and adopting a Convention on cultural diversity in the near future within UNESCO;

28.  Considers the Convention on cultural diversity, as agreed by UNESCO's General Conference, as a means of bringing cultural policies to the fore and to ensure on a global scale the protection and promotion of diversity of cultural content and artistic forms of expression, which appear to be particularly threatened by globalisation;

29.  Welcomes the Commission's position in favour of jointly addressing relevant issues regarding a Convention on cultural diversity as a significant development of affirmative action by the Member States and their regions, and in addition by the Community as laid down in Article 151(3) of the EC Treaty;

30.  Agrees with the Commission that a legally binding standard on cultural diversity is necessary in order to consolidate cultural rights, foster the development of public cultural policies in each State, commit Parties to international cooperation, create a forum for debate on cultural policies and establish global monitoring of the state of cultural diversity world-wide, as proposed in its aforementioned resolution of 5 September 2001;

31.  Specifies that the Convention's main aims ought to lie in recognising the special nature of cultural products and services, enshrining in international law the legitimate right of any State or group of States to determine their cultural policies freely, a right taking the form, in particular, of legislative, regulatory or financial measures, and strengthening international cooperation policies and solidarity in the sphere of culture;

32.  Calls for the Convention to provide for the adoption of measures guaranteeing creative artists and independent cultural industries proper access to the means of production, distribution and dissemination of their works;

33.  Calls for the Convention to establish procedures relating to technical and financial assistance in developing and least developed countries so as to strengthen their capacity to preserve and promote their cultural creative work;

34.  Considers this Convention as a proactive means of building consensus on the need to preserve and promote cultural diversity worldwide and of assuring and monitoring international commitments in the cultural sphere; considers that, in order to ensure its efficiency, a dispute-settlement mechanism should be an integral part of this Convention;

35.  Calls on the UNESCO General Conference to insist that the Member States do not undertake commitments in other international fora or bilateral agreements which would run counter to the protection and promotion of cultural diversity;

36.  Considers that specific provisions in this Convention should allow for least favoured countries to be able to develop their cultural industries and policies; in that context, calls upon the Commission to reinforce international solidarity and to encourage and facilitate the development of partnership between the public and the private sector;

37.  Calls upon the Commission to pay particular attention to the preservation and promotion of cultural and linguistic diversity in the accession countries;

38.  Calls on the General Conference to ensure that the Convention relates to all forms of cultural expression: the creation, production, distribution, exhibition and performance of cultural contents including the audiovisual media in the form of cultural products, i.e. goods and services;

39.  Calls on the General Conference to guarantee transparency of cultural policies, the right to freedom of information, freedom of opinion, intellectual property, the protection of fundamental rights and cultural human rights, and the democratic principle;

40.  Calls on the General Conference of UNESCO to devise procedures, policies and programmes to permit access to culture and the development of cultural policy, in order to permit countries, particularly developing countries, to produce and distribute their own cultural goods and services;

41.  Calls for the Convention to lay down a requirement for the Parties to recognise mutual obligations;

42.  Sees the need for the Convention to make provision for a monitoring committee that can issue recommendations and opinions on the implementation of the provisions of the Convention by the Parties and a dispute-settlement procedure;

43.  Requests, therefore, the European Union to be united in its conduct at the forthcoming UNESCO negotiations, and to this end the Presidency and the Commission to work closely in order to seek common positions of the EU; requests, furthermore, the Member States to give the Commission, in accordance with the provisions of the EC Treaty and with the participation of the European Parliament and the relevant groups in civil society, a clearly worded mandate to authorise the Commission in cooperation with the European Parliament to negotiate in the UNESCO framework on the issue related to a Convention on cultural diversity and conduct these negotiations in accordance with the terms of the EC Treaty on behalf on the EU and its Member States;

44.  Calls on the Commission to submit a new Communication to the Council and the European Parliament setting out its position on the Convention on cultural diversity and on its purpose, objectives and operating methods and suggesting how it can tie in with other international instruments;

45.  Urges the Member States, in taking stock of, registering and restoring cultural assets, to pay particular attention to monuments, buildings and everyday implements which are of great importance to the cultural heritage of minority peoples;

46.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Committee of the Regions, the Economic and Social Committee, the Council of Europe and UNESCO.

(1) OJ C 309, 27.10.2000, p. 61. (2) OJ C 135, 7.5.2001, p. 181. (3) OJ C 267, 21.9.2001, p. 83. (4) OJ C 34 E, 7.2.2002, p. 153. (5) OJ C 72 E, 21.3.2002, p. 142. (6) OJ C 140 E, 13.6.2002, p. 143. (7) OJ C 293 E, 28.11.2002, p. 105. (8) P5_TA(2003)0087. (9) P5_TA(2003)0381. (10) P5_TA(2003)0372. (11) P5_TA(2003)0372. (12) sponsored by UNESCO, originally signed in 1950 and updated by the 1976 Nairobi Protocol, www.unesco.org/culture/laws/florence/html_eng/page1.shtml (13) 31 C/ Resolution 25 and Annexes I and II. (14) http://unesdoc.unesco.org/images/0013/001321/13214le.pdf (see debate 5) (15) Conclusion of the General Affairs' Council of 26.10.1999 : "The Union will take care to guarantee during the next WTO negotiations, as in the Uruguay round the possibility for the Community and its Member States to preserve and develop their cultural and audiovisual policies for the preservation of their cultural diversity."