The services concerned
For the purpose of the present consultation process, "cultural services" are services which are central to cultural activities (museums, libraries, theatres, etc.) and which are included in this classification for the GATS. They also include the publishing sector because of the major role it plays in disseminating cultural material. The latter activity forms part of another category of services referred to as "other professional services".
By combining the Services Sectoral Classification List (SSCL) drawn up for the GATS and the definitions contained in the Central Product Classification or CPC (United Nations), it is possible to create an indicative list of the services considered to be cultural services for the purpose of the present exercise.
The category of recreational, cultural and sporting services contained in the SSCL encompasses the following subsectors in particular:
(a) entertainment services other than motion picture, radio and television services (CPC 9619): theatrical producer, singer group, band and orchestra entertainment services; services provided by authors, composers, sculptors, entertainers and other individual artists; circus, amusement park and similar attraction services; ballroom, discotheque and dance instructor services; other.
(b) news agency services (CPC 962): news agency services to newspapers and periodicals (printed news supply services, picture supply services); news-reporting agency services to radio/television stations – including live coverage); other.
(c) library, archive, museum and other cultural services (CPC 963): library, archive, museum (including preservation services of historical sites and buildings) and cultural services; other cultural services (botanical and zoological garden services, nature reserve services including wildlife preservation services).
(d) Moreover, with regard to the cultural sector, it is important to take account of editorial activities, particularly those pursued by publishing houses. In this respect, the GATS classification is not yet sufficiently developed or detailed to serve as an accurate reference for a CPC category. It should be noted, however, that as a reservation to the commitments of the EU and its Member States as regards publishing and printing services (CPC 88442) - section entitled "business services") and in a reservation to an exemption from the MFN clause for these services, one Member State has interpreted "publishing and printing" services in such a way as to include editorial services.
Thus the categories of activities mentioned above are considered to be cultural services for the purpose of this consultation process.
Current Community offer with regard to recreational and cultural services
The result, pertaining to the GATS, of the negotiations conducted during the Uruguay Round can be summarised as follows for recreational and cultural services:
Like all services, recreational and cultural services are covered by the GATS and are therefore subject to the horizontal rules which apply to all services (such as Article XV on subsidies). Moreover, because of Community commitments for these services, they are also subject to the specific rules which apply where commitments have been made. Finally, they are also subject to the general rules and provisions on the structure of the WTO, particularly the dispute settlement system.
The Community and its Member States have signed partial commitments for cultural services in the framework of GATS (2) as regards both "national treatment" and "market access", thereby enabling foreign operators in the cultural sector to access the European market. These commitments relate to so-called "recreational" services, press agencies and some other cultural services.
Some Member States have also taken advantage of the possibility to stipulate in the European offer certain conditions for the liberalisation of the services provided. For this reason, France and Italy have, for example, chosen to accord national treatment in general, except for subsidies, to live theatre companies and foreign groups coming to provide services on their territory.
The EU and its Member States have not made any commitments for services relating to libraries, archives and museums.
No exemption from the Most Favoured Nation (MFN) clause has been taken for recreational and cultural services.
The room for manoeuvre open to the EU and its Member States in the cultural services sector, as regards GATS commitments, may be analysed in the light of the following points:
In the absence of commitments in the disciplines of market access and national treatment, as is the case for the EU and its Member States - for example, for library, museum and archive services - the GATS Member countries are at liberty to devise and pursue on their national market the policies and measures they desire, even if they discriminate in favour of Community operators.
The existence of partial commitments for some cultural services activities does not hinder the Member States from introducing policies and measures: these must not, however, run counter to the commitments taken with regard to market access or national treatment (such as measures based on discrimination or a preferential arrangement). Where Member countries have stipulated certain restrictions in the schedules of commitments - such as the fact that national treatment does not relate to subsidies granted as part of the policies in question - they retain room for manoeuvre in this respect too. Similarly, liberalisation commitments do not prevent the Member States from adopting measures to protect general interests such as pluralism or access to national information.
3. The consultation process: objectives and issues
The objective of the present consultation process is to obtain detailed information on the services sectors concerned, particularly cultural services, in order to develop the negotiating position in this regard for the forthcoming GATS negotiations.
3.1. Establish the margin for manoeuvre required for the development of cultural policy
It is necessary to assess the margin for manoeuvre which must be preserved to ensure that commitments by the Community and its Member States in this GATS sector will enable the EU and its Member States to maintain the freedom of action they want in order to pursue the desired policies and develop the appropriate instruments, in response to changes within the sector, particularly in connection with electronic commerce.
It should therefore be possible during the present consultation process to draw up a list of the types of national measures which exist and/or which could be considered for the various activities listed in the "cultural services" category in order to fulfil the political objectives of the Member States and of the Community in this regard. As it is not possible in practice under the GATS to reverse what has already been undertaken, i.e. liberalised, each commitment is definitive. Account must therefore be taken of the possible long-term development of public policies in this area.
At Community level, the Culture 2000 Programme (3) is the principal measure in existence. At national level, various types of supportive and promotional instruments have already been developed and should be examined in detail.
3.2. Analyse the potential impact of electronic commerce on the cultural sector
In view of the new opportunities which have arisen through electronic commerce some sectors, particularly libraries or museums, should be examined in detail to establish whether and to what extent the new resource of electronic commerce will affect these services' interests.
With regard to electronic commerce and for the purpose of this consultation process, it is important to stress that, in view of the position taken by the EU and its Member States on technological neutrality (4), any commitment or lack of commitment for an activity involving the supply of services is valid both when the services are supplied in the traditional way and when supplied electronically - unless otherwise specified. This means that cultural services which fall into the category of "electronic commerce" do not form a separate sub-category and should be considered to be part of the specific activity concerned. For example, a commitment made with regard to the provision of library services would be technologically neutral, i.e. it would be valid both for services supplied using traditional methods and for services supplied using electronic media.
See Questionnaire on SERVICES IN THE CULTURAL SECTOR
3.1. Identify any obstacles to access to non-member countries' markets
The present consultation process also seeks to pinpoint any obstacles to market access encountered by European cultural operators on the markets of non-European countries where they wish to pursue activities. The aim is to establish whether these obstacles are likely to prevent or hamper the effective performance of services and whether it is felt that their elimination, as part of the GATS negotiations, should be a goal for the EU and its Member States.
Footnotes:
(1) see point (4) of "Background
document on GATS"
(2) See http://gats-info.eu.int :
table of commitments of the EU and its Member States in the sectors concerned as well as
derogations from the Most Favoured Nation (MFN) clause in these sectors
(3) Decision N° 508/2000/EC of the European Parliament
and of the Council of 14 February 2000 establishing the Culture 2000 programme, OJEC L63 of 10.03.2000
(4) See point (3) and annex B
of the "Background document on GATS" on
electronic commerce.