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The  Governments of  the Member  States and  the  Commission of  the European
Communities were represented as follows:

Ms Laurette ONKELINX               Chairwoman    of    the    French-speaking
                                   Community      and      Minister      with
                                   responsibility  for Health, Social Affairs
                                   and Tourism

Ms Jytte HILDEN                    Minister for Culture
Mr Erik JACOBSEN                   State Secretary for Culture

Mr Helmut SCHÄFER                  Minister of State, Foreign Affairs
Mr Hans ZEHETMAIR                  Minister of State for  Education, Culture,
                                   Science and the Arts, Bavaria
Mr Kurt FALTLHAUSER                Minister, Chancellery of Bavaria

Mr Stavros BENOS                   Minister for Culture

Ms Esperanza AGUIRRE               Minister for Culture
Mr Miguel Angel CORTES             State Secretary for Culture

Mr Philippe DOUSTE-BLAZY           Minister for Culture

Mr Michael D. HIGGINS              Minister   for  Arts,   Culture  and   the

Mr Walter VELTRONI                 Minister  for  Culture  and  Environmental
Mr Antonio MACCANICO               Minister for Posts and Telecommunications

Ms Erna HENNICOT-SCHOEPGES         Minister for Culture

Mr Rudolf SCHOLTEN                 Minister  for  Science, Research  and  the

Mr Aad NUIS                        State  Secretary  for  Education, Cultural
                                   Affairs and Science

Mr Manuel Maria CARRILHO           Minister for Culture
Mr Alberto ARONS de CARVALHO       State Secretary for Social Communication

Mr Claes ANDERSSON                 Minister for Culture

Ms Ann Christine NYKVIST           State Secretary for Culture

United Kingdom:
The Lord INGLEWOOD                 Parliamentary  Under-Secretary   of  State
                                   for National Heritage

Mr Marcelino OREJA                 Member

Joint meeting of Council/Associated Countries of Central and Eastern Europe

The following  representatives  of the  associated countries  of Central  and
Eastern  Europe  attended this  meeting  along with  the participants  in the
Audiovisual/Cultural Affairs Council meeting:

Ms Anna SENDOVA               Head of  the International Cooperation  Section
                              of the Ministry of Culture

Mr Bálint MAGYAR              Minister for Education and Culture

Mr Waclaw JANAS               Deputy Minister for Culture

Mr Viorel MARGINEAU           Minister for Culture

Slovak Republic:
Mr Ivan SECIK                 Deputy Minister for Culture

Czech Republic:
Mr Josef KREUTER              Ambassador, Head  of the  Czech Mission to  the
                              European Union

Mr Jaak ALLIK                 Minister for Culture

Mr Ojärs SPÄRITIS             Minister for Culture

Mr J. NEKROSIUS               Minister for Culture

Structured dialogue with Cyprus:

In  addition   to  the   President  of   the  Council   and  the   Commission
representative the meeting was attended by:

Ms Claire ANGELIDOU           Minister for Education and Culture

Structured dialogue with Malta:

In  addition   to  the   President  of   the  Council   and  the   Commission
representative the meeting was attended by:

Dr Michael REFALO             Minister for Justice and the Arts


On  the  basis of  compromise  suggestions from  the Presidency,  the Council
reached  full political  agreement  by  a qualified  majority  on its  common
position  on the  amendment  of  Directive  89/552/EEC  ("Television  without
frontiers" Directive).

The common position will  be formally  adopted following finalization of  the
text  and  then forwarded  to the  European Parliament  for a  second reading
under the co-decision procedure.

The Belgian, Greek  and Irish delegations announced  that they would abstain,
while Sweden would vote against.

The common  position will  cover the  great majority  of European  Parliament
amendments adopted by  the Commission in its  amended proposal, together with
some amendments not agreed to by the Commission.

The general  aim of  the amendments  to the Directive  on television  without
frontiers  which  were proposed  by the  Commission  in 1995  as part  of the
review provided for in the present Directive is to update  that Directive and
to clarify certain aspects of it.

The aim  of the  1989 Directive  is to coordinate  the relevant  Member State
provisions  in  order  to  ensure free  movement  of  television  broadcasts.
Thanks to the Directive and to the introduction of common rules  in the areas
where   such  rules  were  essential,  it  is  sufficient  for  a  television
broadcasting company established  in a Member  State to  comply with the  law
applicable  in  that State  for  its broadcasts  to  be  freely received  and
retransmitted  throughout  the   Union.    Coordinated   areas  include   the
determination  of  criteria  governing   Member  State  jurisdiction  over  a
broadcaster,   television  and  sponsor   advertising  (volume   and  message
content), the protection of  minors, the  protection of public health,  right
of  reply and  a specific  chapter  on the  promotion of  the  production and
distribution of European audiovisual programmes.

The purpose  of  the amendments  to the  present  Directive which  have  been
adopted in the draft common position of the Council is, in particular, to:

-    clarify certain  definitions ("television advertising",  "teleshopping",
     "European works")  and the question of  Member States  jurisdiction with
     regard to TV channels.   The competent State would be determined  mainly
     on  the  basis of  the actual  head  office and  of  the place  at which
     management  decisions regarding  programming  are taken.  Other criteria
     would  apply if necessary so  as to ensure that  the competent State may
     be determined in every case;

-    make clearer  the provision  on the minimum  period of time  between the
     first showing of a cinematographic work  at cinemas in one of the Member
     States and its  first television showing.   Unless otherwise agreed with
     the  owners  of the  rights,  the minimum  period  would  be 18  months,
     reduced to  12 months for pay per view services  and pay-TV channels and
     for works co-produced by the broadcasting organization concerned;

-    introduce rules on teleshopping  which are similar in part  to the rules
     on advertising;

-    introduce also rules on channels devoted exclusively to self-promotion;

-    strengthen  the  protection  of  minors  by  making  it  compulsory  for
     unencoded programmes likely  to be unsuitable for  minors to be preceded
     by a  sound or  visual  warning or  for such  a warning  to be  featured
     throughout the duration of such programmes;

-    establish  a contact  committee  as a  forum for  consultations  between
     Member  States and the  Commission on  the application  of the Directive
     and the development of rules in the field of television broadcasting;

-    provide  a better definition  of freedom  of reception.   The conditions
     for any restrictive measures  which the  Member States might take  would
     be clearly stipulated. 

The  draft  common  position  advocates  that  the  present  system   whereby
television  channels  are  required  to  devote   a  majority  proportion  of
broadcasting  time  to   European  works  (Articles 4  and   5  of  the  1989
Directive), including a review clause after 5 years, be retained.

In accordance  with the draft  common position, Member  States would have  18
months in which to  comply with the  amended Directive from the  time of  its

Finally, the text provides for periodical  reports (the first after 3  years)
from the Commission  on the application of  the Directive, accompanied, where
necessary, by  proposals for bringing it  into line with developments  in the
field   of   television   broadcasting  in   the   light,   particularly,  of
technological advances since its adoption.


The Council noted the  progress of  discussions on the Decision  establishing
this Fund.  Its  subsequent exchange of views  confirmed the need for  a more
thorough  examination of the proposal which would enable the Council possibly
to discuss it on a fresh basis at its November 1996 meeting. 

The positions of the delegations  to have emerged in the  proceedings to date
regarding  the  proposal for  a  Decision (including  during the  exchange of
views at the  ECOFIN Council meeting on 11  March 1996) may be  summarized as

A majority of  delegations accepts the  principle of the creation  of a  tool
designed  to promote  cinema and  television  production.   However,  several
delegations within this  group continue to hold  reservations on the proposal
on three particular counts:

-    lack of  clarity regarding the  draft agreement  between the  Commission
     and  the  European  Investment   Fund  and  the  attitude  of  financial
     institutions to their involvement in the project;

-    scepticism regarding the financial self-sufficiency of the Fund;

-    the need  to spell out  the situation  of the SMEs  more clearly  in the
     text  of  the proposal.  This concerns  more especially  those countries
     without a highly developed domestic cinema and television industry,  but
     with one based on small and medium-sized enterprises.

Other delegations were  unsympathetic to or reluctant  to accept the  idea of
the establishment of a Guarantee Fund, inter alia since they:

-    were doubtful about the Fund's capacity to finance itself;

-    doubted  whether  the sector  concerned  wished to  provide the  amounts
     indicated by the Commission;

-    thought that  there  were no  grounds for  Community funding  of ECU  90

-    took the view that the Fund  would not be the appropriate instrument for
     mobilizing private capital;

-    held that the aim of the  proposed Decision was unlikely to be achieved,
     since the  Fund could be  required to  focus its action  on large-budget

-    commented  that  the  promotion  of  cinema  and  television  production
     should,  in  line with  the  principle of  subsidiarity, continue  to be
     primarily the responsibility of the Member States.


The Council  reached unanimous  delegation agreement  on the  content of  the
draft common position on the Decision establishing a programme of  support in
the field  of books  and reading  (ARIANE).   The United  Kingdom delegation,
however, entered  a general  reservation in  connection with  the problem  of
BSE.  The common  position will, therefore,  be adopted as an "A"  item at  a
later Council meeting,  circumstances permitting, before  being forwarded  to
the  European  Parliament  for   a  second  reading  under   the  co-decision

The draft common  position, which embodies a  considerable number of European
Parliament amendment proposals, provides  for a  programme lasting two  years
(1997/1998) with a budget of ECU 7 million.

ARIANE is  intended  to  increase  the  knowledge and  dissemination  of  the
literary creation  and history  of the  European  peoples and  the access  of
European citizens thereto.

The following actions are proposed:

*    translation grants  (20th century  works of  considerable merit,  plays,
     reference works and studies).   The resources to be committed under this
     action  will  amount  to 50%  of  the overall  budget  allocated  to the

*    support  for cooperation projects carried  out in  partnership which aim
     to improve the  promotion of, and  access by the citizen  to, books  and

*    improvement  of  the  skills  of  professionals,  particularly  literary

*    support  measures  to  supplement  other  measures  (meetings,  studies,

*    continuing contributions to  the Aristeion  Prizes (European  literature
     prize and European translation prize);

*    participation  by third countries  (the programme  would be  open to the
     CCEE, Malta  and Cyprus  and -  on certain conditions  - to  cooperation
     with other third countries).

The  programme  would  be  implemented  by  the  Commission,  assisted  by  a
committee composed of  representatives of the Member  States.  The Commission
should  also  endeavour  to  establish  complementarity  between  the  ARIANE
programme and both the  other cultural  programmes, such as KALEIDOSCOPE  and
RAPHAEL, and certain  other Community actions  in the field of  education and
training in particular.


The Council reached  unanimous agreement in principle  on its common position
on the  action programme in the  field of  cultural heritage (RAPHAEL).   The
United Kingdom  having maintained  its general  reservation, formal  adoption
was not  possible. The text may be adopted as an  "A" item once this obstacle
is removed.

The draft  common position  provides for  a four  year programme  (1997-2000)
with a budget  of ECU 30 million which  will be subject to review  before the
end of the  second year, on a  proposal from the Commission, in  the light of
the  budgetary situation and the  results achieved in the  first stage of the
programme. The  Council also agreed to support the entry  of an amount of ECU
10 million as part of the budgetary procedure for 1997 and 1998.

The primary aim of  RAPHAEL is to support and supplement the  action taken by
the Member  States in the field of cultural  heritage of European importance.
In  this context,  "cultural heritage"  means movable  and immovable heritage
(museums  and  collections, libraries  and archives,  including photographic,
cinematographic and sound  archives), archaeological and underwater heritage,
assemblages and sites  and cultural landscapes (assemblages  of cultural  and
natural objects).

The actions referred to are the following:

(i)       conservation,  safeguarding   and  development   of  the   European
          cultural heritage through European cooperation;

(ii)      cooperation in the exchange  of experiences and the  development of
          techniques applied to the heritage;

(iii)     public access  to, participation  in and awareness  of the cultural

(iv)      cooperation with third countries and international organizations.

Developed projects must meet the following criteria:

-    contribute  to the  promotion of  the cultural  heritage,  including the
     provision of information on it;

-    present  interest  at  Community   level  because  of  their  exemplary,
     innovative or informative nature;

-    deal with problems posed  by the  preservation of the cultural  heritage
     and contribute to the development of the best preservation practices;

-    be  likely  to produce  a  multiplier effect  in cultural,  educative or
     socio-economic terms.

RAPHAEL would, like other  programmes, be open to participation by  the CCEE,
Malta and Cyprus and -  on certain conditions - cooperation  with other third


The Council noted agreement,  with the  German delegation voting against,  on
the amendment of the Annexes to:

-    Regulation No 3911/92 on the export of cultural goods;

-    Directive 93/7/EEC on the return of cultural objects unlawfully  removed
     from the territory of a Member State.

The Council's  common position on the  Directive, which  is the subject  of a
co-decision procedure with the European Parliament, will be  adopted formally
as an "A" item at a later meeting.  The Regulation, which does not  require a
second reading  with the Parliament, will be finally adopted at the same time
as the Directive.

The purpose  of  the proposed  amendments  is  to establish  a  separate  new
category for watercolours, gouaches  and pastels. The threshold  beyond which
an export licence will be required for these works will be ECU 30 000.


The Council confirmed its agreement  on the content of a  draft Resolution on
access  to   culture  for   all  which   was  submitted   by  the   Permanent
Representatives Committee at the instigation of the Presidency.

The United Kingdom, however, maintained a general reservation.

The President concluded that the  Resolution would be adopted as  an "A" item
once this hurdle was cleared.

The Commission representative confirmed  straightaway that the Commission was
willing to  carry out  the survey  called for  in this  Resolution, which  is
designed to ascertain more clearly the  facts about access to culture and the
needs  felt by citizens,  in particular  young people  and those experiencing
different forms of exclusion.


Despite  the  agreement  of  all  delegations  on  the  content  of  a  draft
Resolution on electronic  publishing and libraries submitted by the Permanent
Representatives Committee at the instigation of  the Presidency, its adoption
had to be  put back to  a later meeting in  the face of the  United Kingdom's
continuing general reservation.

The  Commission representative  stated that  the Commission  was  willing, as
requested in  the Resolution, to look  into the various legal,  technical and
cultural  aspects  of  electronic  documents, from  their  creation  to their
utilization,  as well as the  fresh cultural and social  challenges to be met
by  libraries,  especially  public  libraries,   in  the  new  economic   and
technological   environment,  with  particular  emphasis  on  innovation  and
development of technical standards.


The  Council discussed the  first Commission  report on  the consideration of
cultural aspects  in European  Community action.   This  report examines  the
implications  of  Article  128(4)  of  the  Treaty,  which  states that  "the
Community shall take  cultural aspects into account in its action under other
provisions of this Treaty.".

The discussion on the report and on the Commission conclusions  drawn from it
will continue during the forthcoming Irish Presidency.


The  Council  held a  joint meeting  with  the Ministers  for Culture  of the
associated countries  of Central  and Eastern  Europe (CCEE)  as part of  the
"structured dialogue" under the pre-accession strategy.

After  thanking the  Ministers  from  Central and  Eastern  Europe and  Union
Ministers  for their  constructive  contributions  to  the  discussions,  the
Council  President  drew  the  following  conclusions  at  the  close of  the

"After these  discussions, we have a  clearer view  of the prospects  for the
development of trade and cultural cooperation in general.

The Ministers  of the CCEE have expressed their desire to participate as soon
as possible in:

1)   the  MEDIA  II programme,  in  the framework  of  the  alignment of  the
     legislation of their  respective countries on  Community legislation  in
     the audiovisual sector;

2)   the KALEIDOSCOPE  programme and,  once adopted,  the ARIANE and  RAPHAEL

Collaboration in the audiovisual sector is at an advanced stage  on the basis
of the first MEDIA programme.

Collaboration in  the  cultural field  in connection  with Community  actions
already exists on  an ad hoc basis  and on  the basis of bilateral  relations
between Community countries and CCEE.

The CCEE have emphasized  their interest  in participating as equal  partners
in  the  programmes,  following  the  opening  up  of  the  latter  to  those
countries, by  making an appropriate financial contribution and bringing with
them their lengthy experience in the areas concerned.

The  CCEE have  also emphasized the  need for  the Community  to step  up the
supply  of information on the possibilities opened up and have declared their
willingness to  attend to all the  administrative preparations  necessary for
their participation.

The  importance of mutual collaboration in the field of intellectual property
has been highlighted.

The  delegations  have   mentioned  the  importance  of  Council   of  Europe
activities to promote culture.

We  have seen  today that  the countries  of all  the regions  of  Europe are
linked  by  numerous   cultural  activities  and  we   shall  build  on  that
collaboration in order to forge ever-stronger cultural ties between us."


Meetings were held  at the same time  as the Council meeting between,  on the
one  side, the Presidency  and the Commission and,  on the other, ministerial
delegations  from  Cyprus  and  Malta  to  discuss  cooperation  between  the
European Union and  these two applicant  countries in  the field of  cultural
and audiovisual affairs.

These discussions formed  part of the structured  dialogue, the aim of  which
is to  foster  mutual  trust  through  the establishment  of  a  consultative
framework for the examination of matters of common interest.


(Adopted without debate)

Relations with Andorra

In accordance  with Article 8 of  the 1990 EC/Andorra Agreement,  the Council
adopted a Decision enabling Andorra  to exercise its right to  enter for free
circulation goods sent from third countries to the Principality of Andorra.


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