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Official Journal of the European Union
14.5.2011
PROTOCOL
on cultural cooperation
The Parties,
AFTER HAVING RATIFIED the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural
Expressions adopted in Paris on 20 October 2005 (the ‘UNESCO Convention’), which entered into force on 18 March
2007, according to the procedure set in Article 15.10.3 (Entry into force), intending to effectively implement the
UNESCO Convention and to cooperate within the framework of its implementation, building upon the principles of
the Convention and developing actions in line with its provisions;
RECOGNISING the importance of the cultural industries and the multi-faceted nature of cultural goods and services as
activities of cultural, economic and social value;
RECOGNISING that the process supported by this Agreement adds up to a global strategy aimed at promoting equitable
growth and the reinforcement of economic, trade and cultural cooperation between the Parties;
RECALLING that the objectives of this Protocol are complemented and supported by existing and future policy
instruments managed in other frameworks, with a view to:
(a) REINFORCING the capacities and independence of the Parties’ cultural industries;
(b) PROMOTING local/regional cultural content;
(c) RECOGNISING, protecting and promoting cultural diversity as a condition for a successful dialogue between cultures;
and
(d) RECOGNISING, protecting and promoting cultural heritage, as well as promoting its recognition by local populations
and recognising its value as a means for expressing cultural identities;
STRESSING the importance of facilitating cultural cooperation between the Parties, and for that purpose to take into
account, on a case by case basis, inter alia, the degree of development of their cultural industries, the level and structural
imbalances of cultural exchanges and the existence of schemes for the promotion of local/regional cultural content,
AGREE AS FOLLOWS:
Article 1
artists and other cultural professionals and practitioners means
natural persons that perform cultural activities, produce cultural
Scope, objectives and definitions
goods or participate in the direct supply of cultural services.
1. Without
prejudice
to
the
other
provisions
of
this
Agreement, this Protocol sets up the framework within which
SECTION A
the Parties shall cooperate for facilitating exchanges regarding
HORIZONTAL PROVISIONS
cultural activities, goods and services, including inter alia, in the
audiovisual sector.
Article 2
Cultural exchanges and dialogue
2. The
exclusion
of
audiovisual
services
from
the
scope
of 1. The
Parties
shall
aim
at
fostering
their
capacities
to
Chapter Seven (Trade in Services, Establishment and Electronic
determine and develop their cultural policies, developing their
Commerce) is without prejudice to the rights and obligations
cultural industries and enhancing exchange opportunities for
derived from this Protocol. For any issue relating to the imple
cultural goods and services of the Parties, including through
mentation of this Protocol, the Parties shall have recourse to the
entitlement to benefit from schemes for the promotion of local/
procedures provided under Articles 3 and 3bis.
regional cultural content.
3. While
preserving
and
further
developing
their
capacity
to
2. The
Parties
shall
cooperate
to
foster
the
development
of
a
elaborate and implement their cultural policies, with a view to
common understanding and enhanced exchange of information
protecting and promoting cultural diversity, the Parties shall
on cultural and audiovisual matters through a dialogue, as well
endeavor to collaborate with the aim of improving the
as on good practices in the field of intellectual property rights
conditions governing their exchanges of cultural activities,
protection. This dialogue will take place within the Committee
goods and services and redressing the structural imbalances
on Cultural Cooperation as well as in other relevant forums as
and asymmetrical patterns which may exist in exchanges.
and when appropriate.
Article 3
4. For
the
purposes
of
this
Protocol:
Committee on Cultural Cooperation
1. No
later
than
six
months
after
this
Protocol
is
applied,
a
cultural diversity, cultural content, cultural expressions, cultural
Committee on Cultural Cooperation shall be established. The
activities, goods and services, and cultural industries have the
Committee on Cultural Cooperation shall comprise senior
same meaning as defined and used in the UNESCO Convention;
officials from within the administration of each Party who
and
have expertise and experience in cultural matters and practices.

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2. The
Committee
on
Cultural
Cooperation
shall
meet
within
will take place from the list established under subparagraph
the first year after this Protocol is applied, and thereafter as
(c) and not from the list established under Article 14.18
necessary and at least once a year, to oversee the implemen
(List of Arbitrators);
tation of this Protocol.
(c) The Committee on Cultural Cooperation shall, promptly
3. By derogation from the institutional provisions of Chapter
after its establishment, establish a list of 15 individuals
Fifteen (Institutional, General and Final Provisions), the Trade
who are willing and able to serve as arbitrators. Each
Committee shall have no jurisdiction over this Protocol and
Party shall propose five individuals to serve as arbitrators.
the Committee on Cultural Cooperation shall exercise all
The Parties shall also select five individuals who are not
functions of the Trade Committee as regards this Protocol,
nationals of either Party and who shall act as chairperson
where such functions are relevant for the purposes of imple
to the arbitration panel. The Committee on Cultural Coop
menting this Protocol.
eration will ensure that the list is always maintained at this
level. Arbitrators shall have knowledge and experience on
the subject matter of this Protocol. In serving as arbitrators,
they shall be independent, serve in their individual capacity
4. Each
Party
shall
designate
an
office
within
its
adminis
and not take instructions from any organisation or
tration that shall serve as a Domestic Contact Point with the
government with regard to matters related to the dispute,
other Party for the purposes of implementing this Protocol.
and shall comply with Annex 14-C (Code of Conduct for
Members of Arbitration Panels and Mediators);
5. Each
Party
shall
establish
a
Domestic
Advisory
Group(s)
on cultural cooperation, comprised of cultural and audiovisual
(d)
In selecting obligations to suspend pursuant to
representatives active in the fields covered by this Protocol, to
Article 14.11.2 (Temporary Remedies in case of Non-
be consulted on issues related to the implementation of this
compliance) in a dispute arising under this Protocol, the
Protocol.
complaining Party may only suspend obligations arising
from this Protocol; and
6. A Party may request consultations with the other Party in
the Committee on Cultural Cooperation regarding any matter of
(e) Notwithstanding Article 14.11.2, in selecting obligations to
mutual interest arising under this Protocol. The Committee on
suspend in disputes other than those arising under this
Cultural Cooperation shall thereafter promptly convene and
Protocol, the complaining Party may not suspend obli
make every attempt to arrive at a mutually satisfactory
gations arising from this Protocol.
resolution of the matter. In doing so the Committee on
Cultural Cooperation may seek the advice of either or both
Parties’ Domestic Advisory Group(s) and each Party may seek
Article 4
the advice of its own Domestic Advisory Group(s).
Artists and other cultural professionals and practitioners
1. The
Parties
shall
endeavour
to
facilitate,
in
conformity
Article 3bis
with their respective legislation, the entry into and temporary
stay in their territories of artists and other cultural professionals
Dispute settlement
and practitioners from the other Party, who cannot avail them
selves of commitments undertaken on the basis of Chapter
Unless the Parties agree otherwise, and only in case the matter
Seven (Trade in Services, Establishment and Electronic
referred to in Article 3.6 of this Protocol has not been satis
Commerce) and who are either:
factorily addressed through the consultation procedure set out
therein, Chapter Fourteen (Dispute Settlement) shall apply to
this Protocol subject to the following modifications:
(a) artists, actors, technicians and other cultural professionals
and practitioners from the other Party involved in the
shooting of cinematographic films or television
(a) All the references in Chapter Fourteen (Dispute Settlement)
programmes; or
to the Trade Committee shall be understood as referring to
the Committee on Cultural Cooperation;
(b) artists and other cultural professionals and practitioners
such as visual, plastic and performing artists and instructors,
(b) For the purposes of Article 14.5 (Establishment of the Arbi
composers, authors, providers of entertainment services and
tration Panel), the Parties shall endeavour to agree on arbi
other similar professionals and practitioners from the other
trators having necessary knowledge and experience on the
Party involved in cultural activities such as, for example, the
subject matters of this Protocol. In the event that the Parties
recording of music or contributing an active part to cultural
are unable to agree on the composition of the arbitration
events such as literary fairs and festivals, among other
panel, the selection by the lot, as set out in Article 14.5.3,
activities,

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provided that they are not engaged in selling their services to
3. The
Parties,
in
conformity
with
their
respective
legislation,
the general public or in supplying their services themselves, do
shall facilitate co-productions between producers from the EU
not on their own behalf receive any remuneration from a
Party and Korea, including through entitlement for co-
source located within the Party where they are staying
productions to benefit from respective schemes for the
temporarily, and are not engaged in the supply of a service in
promotion of local/regional cultural content.
the framework of a contract concluded between a legal person
who has no commercial presence in the Party where the artist
or other cultural professional or practitioner is staying
4. Co-produced
audiovisual
works
shall
be
entitled
to
benefit
temporarily and a consumer in that Party.
from EU Party scheme for the promotion of local/regional
cultural content referred to in paragraph 3 in the form of
2. The entry into, and temporary stay in territories of the
qualification as European works in accordance with
Parties under paragraph 1, when allowed, shall be for a period
Article 1(n)(i) of Directive 89/552/EEC as amended by
of up to 90 days in any 12 month period.
Directive 2007/65/EC, or by its subsequent amendments for
the purposes of the requirements for the promotion of audio
3. The
Parties
shall
endeavour
to
facilitate,
in
conformity visual works as provided for by Articles 4.1 and 3i.1 of
with their respective legislation, the training of, and increased
Directive 89/552/EEC as amended by Directive 2007/65/EC,
contacts between, artists and other cultural professionals and
or by its subsequent amendments ( 2 ).
practitioners such as:
(a) theatrical producers, singer groups, band and orchestra
5. Co-produced
audiovisual
works
shall
be
entitled
to
benefit
members;
from Korean schemes for the promotion of local/regional
cultural content referred to in paragraph 3 in the form of
qualification as Korean works for the purposes of Article 40
(b) authors, composers, sculptors, entertainers and other indi
of the Promotion of Motion Pictures and Video Products Act
vidual artists;
(Act No. 9676, May 21, 2009), or its subsequent amendments
and of Article 71 of the Broadcasting Act (Act No. 9280, Dec.
(c) artists and other cultural professionals and practitioners
31, 2008), or its subsequent amendments and Notice on
participating in the direct supply of circus, amusement
Programming Ratio (Korea Communications Commission
park and similar attraction services; and
Notice No. 2008-135, Dec. 31, 2008), or its subsequent
amendments. ( 3 ).
(d) artists and other cultural professionals and practitioners
participating in the direct supply of ballroom or discotheque
services and dance instructors.
6. The
entitlement
for
co-productions
to
benefit
from
the
respective schemes for the promotion of local/regional cultural
content referred to in paragraphs 4 and 5 shall be granted on
SECTION B
the following conditions:
SECTORAL PROVISIONS
SUB-SECTION A
(a) The co-produced audiovisual works are realised between
Provisions related to audiovisual works
undertakings which are owned and continue to be owned,
whether directly or by majority participation, by a Member
Article 5
State of the European Union or Korea respectively and/or by
Audiovisual co-productions
nationals of a Member State of the European Union or
nationals of Korea respectively;
1. For
the
purposes
of
this
Protocol,
a
co-production
means
an audiovisual work produced by producers of both Korea and
the EU Party into which those producers have invested in
(b) The representative director(s) or manager(s) of the co-
accordance with the terms of this Protocol ( 1 ).
producing undertakings have the nationality of a Member
State of the European Union and Korea respectively and can
2. The
Parties
shall
encourage
the
negotiation
of
new
and
demonstrate their domicile therein;
implementation of existing co-production agreements between
one or several Member States of the European Union and Korea.
The Parties reaffirm that the Member States of the European
(c) Participation of producers from two Member States of the
Union and Korea may grant financial benefits to co-produced
European Union will be necessary for each co-produced
audiovisual works as defined in relevant existing or future
audiovisual work, other than animation works. With
bilateral co-production agreements to which one or several
respect to animation works participation of producers
Member States of the European Union and Korea are parties.
from three Member States of the European Union will be
necessary. The proportion of financial contribution of a
( 1 ) In the case of Korea, there is a recognition procedure for co-
producer or producers of each Member State of the
productions, conducted by the Korean Communications
European Union shall be no less than 10 percent;
Commission for broadcasting programmes, and the Korean Film
Council for films. This recognition procedure is limited to
technical check aimed at ensuring that the co-production fulfils
( 2 ) Amendments of the legislation shall be without prejudice to the
the criteria set in paragraph 6. Recognition will be granted to any
application of paragraph 10.
co-production fulfilling these criteria.
( 3 ) Ibidem.

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(d) The minimum respective financial contributions to a co-
renewed period, the Committee on Cultural Coop
produced audiovisual work other than animation works,
eration will conduct an assessment on similar terms
of the producers of the EU Party (taken together) and the
as described in subparagraph (a).
producers of Korea (taken together) may not be less than 30
percent of the total production cost of the audiovisual work.
With respect to animation works this contribution may not
(c) Unless the Parties decide otherwise, termination of
be less than 35 percent of the total production cost;
such entitlement shall not prevent the co-productions
from benefiting from the respective schemes for the
promotion of local/regional cultural content referred
to in paragraphs 4 and 5 under the conditions of
(e) The contribution of each Party’s producers (taken together)
paragraph 6, if the date of the first broadcasting or
includes effective technical and artistic participation and a
projection of such co-productions in the respective
balance is ensured between the two Parties’ contributions. In
territories is prior to expiry of any relevant period.
particular, in co-produced audiovisual works other than
animation works the technical and artistic contribution of
each Party’s producers (taken together) shall not vary by
9. Throughout the duration of the entitlement for co-
more than 20 percentage points compared to their
productions to benefit from the schemes for the promotion
financial contribution and cannot in any case represent
of local/regional content referred to in paragraphs 4 and 5,
more than 70 percent of the overall contribution. With
the Parties, notably through the Domestic Advisory Groups
respect to animation works the technical and artistic
will regularly monitor the implementation of paragraph 6 and
contribution of each Party’s producers (taken together)
report any problem that may arise in this respect to the
shall not vary by more than 10 percentage points
Committee on Cultural Cooperation. The Committee on
compared to their financial contribution and cannot in
Cultural Cooperation may review at the request of a Party,
any case represent more than 65 percent of the overall
the entitlement for co-productions to benefit from the
contribution;
schemes for the promotion of local/regional content referred
to in paragraphs 4 and 5 and/or the criteria referred to in
paragraph 6.
(f) Participation of producers from third countries that have
ratified the UNESCO Convention in a co-produced audio
10. With
prior
notice
of
two
months,
a
Party
may
suspend
visual work is accepted to a maximum of 20 percent, where
the entitlement to benefit from its scheme(s) for the promotion
possible, of the total production costs and/or the technical
of local/regional cultural content referred to in paragraphs 4 or
and artistic contribution to the audiovisual work.
5, if the rights reserved for co-produced works under these
paragraphs are adversely affected as a result of the other
Party’s modification of the relevant legislation referred to in
these paragraphs. Before proceeding to such suspension, the
7. The Parties reaffirm that the entitlement for co- notifying Party shall discuss and review with the other Party
productions to benefit from their respective schemes for the
in the Committee on Cultural Cooperation the nature and
promotion of local/regional cultural content referred to in
impact of the legislative changes.
paragraphs 4 and 5 ensures reciprocal benefits, and that the
co-productions fulfilling the criteria of paragraph 6 are
awarded the status of European/Korean works referred to in
Article 6
paragraphs 4 and 5 respectively without any conditions addi
Other audiovisual cooperation
tional to those of paragraph 6.
1. The
Parties
strive
to
promote
audiovisual
works
of
the
other Party through the organisation of festivals, seminars and
similar initiatives.
8. (a)
The
entitlement
for
co-productions
to
benefit
from
the
respective schemes for the promotion of local/regional
cultural content referred to in paragraphs 4 and 5 is
2. The
Parties
shall
facilitate,
in
addition
to
the
dialogue
established for a period of three years following the
referred to in Article 2.2 of this Protocol, cooperation in the
application of this Protocol. Upon advice from the
area of broadcasting with an aim to promote cultural exchange
Domestic Advisory Groups, six months before the
through activities such as:
expiry, the Committee on Cultural Cooperation will
coordinate in order to assess the results of the imple
mentation of the entitlement in terms of enhancement
(a) promoting exchange of information and views on broad
of cultural diversity and mutually beneficial coop
casting policy and regulatory framework between competent
eration on co-produced works.
authorities;
(b) encouraging cooperation and exchange between the broad
(b) The entitlement will be renewed for a duration of
casting industries;
three years and shall thereafter be automatically
renewed for further successive periods of the same
(c) encouraging exchange of audiovisual works; and
duration, unless a Party terminates the entitlement
by giving notice in writing at least three months
before the expiry of the initial or any subsequent
(d) encouraging visits to and participation in international
period. Six months before the expiry of each
broadcasting events held in the territory of the other Party.

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3. The
Parties
shall
endeavour
to
facilitate
the
use
of
inter
2. The
Parties
shall
encourage
joint
productions
in
the
fields
national and regional standards in order to ensure compatibility
of performing arts between producers of one or several Member
and interoperability of audiovisual technologies, thereby
States of the European Union and Korea.
contributing to strengthening cultural exchanges. They shall
cooperate towards this objective.
3. The
Parties
shall
encourage
the
development
of
inter
national theatre technology standards and the use of theatre
4. The
Parties
shall
endeavour
to
facilitate
rental
and
leasing stage signs, including through appropriate standardisation
of the technical material and equipment, such as radio and
bodies. They shall facilitate the cooperation towards this
television equipment, musical instruments and studio
objective.
recording equipment, necessary to create and record audiovisual
works.
Article 9
5. The
Parties
shall
endeavour
to
facilitate
the
digitalisation
Publications
of audiovisual archives.
The Parties, in conformity with their respective legislation, shall
facilitate exchange with and dissemination of publications of the
Article 7
other Party through appropriate programmes in areas such as:
Temporary importation of material and equipment for the
(a) organisation of fairs, seminars, literary events and other
purpose of shooting audiovisual works
similar events related to publications, including public
1. Each
Party
shall
encourage
as
appropriate
the
promotion
reading mobile structures;
of its territory as a location for the purpose of shooting cinema
tographic films and television programmes.
(b) facilitating co-publishing and translations; and
2. Notwithstanding
the
provisions
on
trade
in
goods
in
this (c) facilitating professional exchanges and training for
Agreement, the Parties shall, in conformity with their respective
librarians, writers, translators, booksellers and publishers.
legislation, examine and allow the temporary importation of the
technical material and equipment necessary to carry out the
shooting of cinematographic films and television programmes
Article 10
by cultural professionals and practitioners from the territory of
Protection of cultural heritage sites and historic
a Party into the territory of the other Party.
monuments
The Parties, in conformity with their respective legislation and
SUB-SECTION B
without prejudice to the reservations included in their
Promotion of cultural sectors other than audiovisual
commitments in the other provisions of this Agreement, shall
encourage, in the framework of appropriate programmes,
Article 8
exchanges of expertise and best practices regarding the
Performing arts
protection of cultural heritage sites and historic monuments
bearing in mind the UNESCO world heritage mission,
1. The
Parties,
in
conformity
with
their
respective
legislation, including through facilitating the exchange of experts, collab
shall facilitate through appropriate programmes increased
oration on professional training, awareness of the local public
contacts between practitioners of performing arts in areas
and counselling on the protection of the historic monuments
such as professional exchanges and training including, inter
and protected spaces and on the legislation and implementation
alia, participation in auditions, development of networks and
of measures related to heritage, in particular its integration into
promotion of networking.
local life.

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UNDERSTANDING ON THE CROSS-BORDER SUPPLY OF INSURANCE SERVICES AS COMMITTED IN THE
LISTS OF COMMITMENTS IN ANNEX 7-A (LIST OF COMMITMENTS)
With respect to the cross-border supply of insurance services as committed in the lists of commitments in
Annex 7-A (List of Commitments), namely insurance of risks relating to:
(a) maritime shipping and commercial aviation and space launching and freight (including satellites), with
such insurance to cover any or all of the following: the goods being transported, the vehicle transporting
the goods and any liability arising therefrom; and
(b) goods in international transit,
the Parties confirm that where a Member State of the European Union requires that such supply be made by
suppliers established in the European Union, a Korean financial service supplier may supply such services
through its establishment to any other Member State of the European Union without being established in
the Member State of the European Union where the service is supplied. For further clarification, such supply
includes the production, distribution, marketing, sale and delivery of the financial services.
Consultations shall continue between the European Commission and those Member States of the European
Union which retain such a requirement of establishment in the European Union to take further steps
towards the facilitation of the supply of these services in their territories. The EU Party welcomes Korea’s
proposal to hold consultations in the future with a view to reaching agreement thereon.
This Understanding shall constitute an integral part of this Agreement.

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UNDERSTANDING ON THE KOREAN POSTAL REFORM PLAN ( 1 )
In the course of the negotiations of this Agreement, the delegation of Korea explained to the delegation of
the European Union the Korean government’s intention on its postal reform plan.
In this context, Korea has drawn to the attention of the delegation of the European Union the following
aspects of its postal reform plan:
Korea intends to expand gradually the exceptions to the Korean Postal Authority’s monopoly to increase the
scope of private delivery services that are permitted. This will be done through amendments to the Postal
Service Act, related laws, or their subordinate regulations.
(a) After these amendments are enacted, the scope of Korean Postal Authority’s letter-posts will be clearer
through the redefinition of its concept, and the exceptions to the letter-posts monopoly will be extended
based on objective standards such as weight, price or a combination thereof.
(b) In determining the nature and extent of such amendments, Korea will consider various factors, including
domestic market conditions, the experience of other countries with postal liberalisation, and the need to
ensure universal service. Korea plans to implement these amendments within the next three years from
the date of signature of this Agreement.
In applying these reformed criteria Korea will provide non-discriminatory opportunities to all the postal and
express delivery service suppliers in Korea.
Korea will also amend Article 3 of the Enforcement Decree of the Postal Services Act, thereby expanding the
exceptions to the Korean Postal Authority monopoly to include all international document express delivery
services by the entry into force of this Agreement. For greater certainty, international and domestic express
delivery services of all documents are not subject to the postal service monopolies in the Member States of
the European Union.
( 1 ) This Understanding is non-binding and not subject to Chapter Fourteen (Dispute Settlement).

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UNDERSTANDING CONCERNING SPECIFIC COMMITMENTS ON TELECOMMUNICATIONS SERVICES
The following understanding was reached between the delegations of Korea and the European Union during
the course of negotiations regarding specific commitments on telecommunications services in this
Agreement:
If a Party conditions the granting of a licence to supply public telecommunications services to a person of
the Party in which a person of the other Party holds an equity interest on a finding that the supply of such
services would serve the public interest, the Party shall ensure that it: (i) bases any such finding and the
procedures for making such a finding on objective and transparent criteria; (ii) employs a presumption in
favor of finding that granting a licence to a person of the Party in which a person of the other Party holds
an equity interest would serve the public interest; and (iii) develops any such procedures consistent with
Article 7.22 (Transparency and Confidential Information), Article 7.23 (Domestic Regulation) and
Article 7.36 (Resolution of Telecommunications Disputes).
This Understanding shall constitute an integral part of this Agreement.

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UNDERSTANDING ON REGULATIONS RELATING TO ZONING, URBAN PLANNING AND
ENVIRONMENTAL PROTECTION
During the negotiations on Chapter Seven (Trade in Services, Establishment and Electronic Commerce) of
this Agreement, the Parties discussed regulations relating to zoning, urban planning and environmental
protection which are applicable in Korea and in the European Union at the time of signature of this
Agreement.
The Parties share the understanding that, in so far as regulations, including regulations relating to zoning,
urban planning and environmental protection, constitute non-discriminatory and non-quantitative measures
affecting establishment, they are not subject to scheduling.
Based on the common understanding above, the Parties confirm that specific measures maintained by Korea
in the following Acts are not subject to scheduling:
— Seoul Metropolitan Area Readjustment Planning Act
— Industrial Cluster Development and Factory Establishment Act
— Special Act on the Improvement of Air Environment in the Seoul Metropolitan Area
The Parties confirm their right to introduce new regulations relating to zoning, urban planning and
environmental protection.
This Understanding shall constitute an integral part of this Agreement.

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