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2622 Official
Journal
of
the
European
Union
15.12.2012
PROTOCOL
on cultural cooperation ( 1 )
Whereas,
AS SIGNATORIES to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions,
adopted in Paris on 20 October 2005 (hereinafter referred to as the "UNESCO Convention"), which entered into force on
18 March 2007, the Parties intend to effectively implement the UNESCO Convention and to co-operate within the
framework of its implementation, building upon the principles of the Convention and developing actions in line with its
provisions, notably its Articles 14, 15 and 16;
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;
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 and regional cultural content;
(c) recognising, protecting and promoting cultural diversity as a condition for a successful dialogue between cultures;
(d) recognising, protecting and promoting cultural heritage, as well as promote its recognition by local populations and
recognise its value as a means for expressing cultural identities.
STRESSING the importance to facilitate cultural co-operation 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 preferential schemes for the promotion of local or regional cultural
content;
HAVING REGARD to Title VIII (Culture and Audio-Visual Co-operation) of Part III of this Agreement and wishing to
develop co-operation further;
NOTING the establishment of a Co-operation Sub-Committee in paragraph 7 of Article 8 of Title II (Institutional
Framework) of Part I of this Agreement, should include officials who have competence in cultural matters and practices,
when dealing with the implementation of this Protocol.
Article 1
natural persons that perform cultural activities, produce cultural
goods or participate in the direct supply of cultural services.
Scope, Objectives and Definitions
1. Without
prejudice
to
the
provisions
of
this
Agreement,
this Protocol sets up the framework within which the Parties
shall co-operate for facilitating exchanges regarding cultural
SECTION A
activities, goods and services, including inter alia in the audio
visual sector.
HORIZONTAL PROVISIONS
Article 2
Cultural exchanges and dialogue
2. While
preserving
and
further
developing
their
capacity
to
elaborate and implement their cultural policies, with a view to
1. The
Parties
shall
aim
at
fostering
their
capacities
to
protecting and promoting cultural diversity, the Parties shall
determine and develop their cultural policies, developing their
endeavour to collaborate in order to improve the conditions
cultural industries and enhancing exchange opportunities for
governing their exchanges of cultural activities, goods and
cultural goods and services of the Parties, including through
services and address imbalances which may exist, and ensure
preferential treatment, where applicable in accordance with
wider and more balanced cultural exchanges.
the domestic legislations of the respective Parties.
3. The
UNESCO
Convention
constitutes
the
reference
for
all 2. The
Parties
shall
co-operate
to
foster
the
development
of
a
definitions and concepts used in this Protocol. In addition, for
common understanding and enhanced exchange of information
the purpose of this Protocol, and in particular its Article 3,
on cultural and audiovisual matters through an EU-Central
"artists and other cultural professionals and practitioners", as
American dialogue, including on good practices in the field of
referred to in Article 16 of the UNESCO Convention, covers
intellectual property rights protection which are relevant to this
Protocol. This dialogue will take place within the mechanisms
( 1 ) Nothing in this Protocol shall be subject to Title X (Dispute
established in the Agreement as well as in other relevant fora, as
Settlement) of Part IV of this Agreement.
and when appropriate.

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EN
15.12.2012 Official
Journal
of
the
European
Union
2623
Article 3
assisting in the development of their cultural industries, devel
opment and implementation of cultural policies, and in
Artists and other Cultural Professionals and Practitioners
promoting the production and exchange of cultural goods
1. The
Parties
shall
endeavour
to
facilitate,
in
conformity and services.
with their respective domestic legislations, the entry into, and
temporary stay in their territories of artists and other cultural
professionals and practitioners from the other Party, who are
either:
2. The
Parties
agree
to
co-operate,
including
by
facilitating
support, through different measures, inter alia, training,
exchange of information, expertise and experiences, and coun
(a) artists, actors, technicians and other cultural professionals
selling in elaboration of policies and legislation as well as in
and practitioners from the other Party involved in the
usage and transfer of technologies and know-how. Technical
shooting of cinematographic films or TV programmes; or
assistance may also facilitate cooperation between private
companies, non-governmental organisations as well as public-
private partnerships.
(b) artists and other cultural professionals and practitioners
such as visual, plastic and performing artists and instructors,
composers, authors, providers of entertainment services and
other similar professionals and practitioners from the other
SECTION B
Party involved in cultural activities such as the recording of
music or contributing an active part to cultural events such
SECTORAL PROVISIONS
as literary fairs and similar,
Article 5
Audio-Visual, including Cinematographic, Cooperation
provided that:
1. The
Parties
shall
encourage
the
negotiation
of
new
and
implementation of existing co-production agreements between
(a) they are not engaged in selling or supplying their services
one or several Member States of the European Union and one
and do not receive any remuneration from a source located
or several Republics of the CA Party.
within the Party where they are temporarily staying; and
(b) they are not engaged in the supply of a service in the
2. The
Parties,
in
conformity
with
their
respective
domestic
framework of a contract concluded between a legal
legislation, shall facilitate the access of co-productions between
person, who has no commercial presence in the Party
one or several EU Party producers and one or several producers
where the artist or other cultural professional or practitioner
from the Republics of the CA Party to their respective markets,
is temporary staying, and a consumer in this Party.
through appropriate measures including by facilitating support
through the organisation of festivals, seminars and similar
initiatives.
2. The
Parties
shall
endeavour
to
facilitate,
in
conformity
with their respective domestic legislations, the training of, and
increased contacts between artists and other cultural profes
sionals and practitioners such as:
3. Each
Party
shall
encourage
as
appropriate
the
promotion
of its territory as a location for the purpose of shooting cinema
tographic films and TV programmes.
(a) theatrical producers, singer groups, band and orchestra
members;
(b) authors, composers, sculptors, entertainers and other indi
4. The
Parties
shall,
in
conformity
with
their
respective
vidual artists;
domestic legislations, examine and allow the temporary
importation or admission, as applicable, of the technical
material and equipment necessary to carry out the shooting
(c) artists and other cultural professionals and practitioners
of cinematographic films and TV programmes by cultural
participating in the direct supply of circus, amusement
professionals and practitioners from the territory of one Party
park and similar attraction services;
into the territory of the other Party.
(d) artists and other cultural professionals and practitioners
participating in the direct supply of ballroom, discotheque
Article 6
services and dance instructors.
Performing arts
1. The
Parties
agree
to
cooperate,
in
conformity
with
their
Article 4
respective domestic legislation, including by facilitating
Technical Assistance
increased contacts between practitioners of performing arts in
areas such as professional exchanges and training, inter alia
1. The
EU
Party
shall
endeavour
to
provide
technical participation in auditions, development of networks and
assistance to the Republics of the CA Party with the aim of
promotion of networking.

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EN
2624 Official
Journal
of
the
European
Union
15.12.2012
2. The
Parties
shall
encourage
joint
productions
in
the
fields the protection of sites and historic monuments, bearing in mind
of performing arts between producers of one or several Member
the UNESCO world heritage mission. This includes facilitating
States of the European Union and one or several Republics of
the exchange of experts, collaboration on professional training,
the CA Party.
awareness of the local publics and counselling on the protection
of the historic monuments and protected spaces and on the
3. The
Parties
shall
encourage
the
development
of
inter
legislation and implementation of measures related to
national theatre technology standards and the use of theatre
heritage, in particular its integration into local life. Such co-
stage signs. They shall facilitate the co-operation towards this
operation shall conform with the Parties' respective domestic
objective.
legislation.
Article 7
Publications
SECTION C
The Parties agree to co-operate, in conformity with their
FINAL PROVISIONS
respective domestic legislation, including by facilitating
exchange with and dissemination of publications of the other
Article 9
Party in areas such as:
Final Provisions
(a) organisation of fairs, seminars, literary events and other
1. The
provisions
of
this
Protocol
shall
apply
between
the
EU
similar events related to publications, including public
Party and each Republic of the CA Party from the first day of
reading mobile structures;
the month following the date in which that Republic of the CA
(b) facilitating co-publishing and translations;
Party has deposited its instrument of ratification of the UNESCO
Convention.
(c) facilitating professional exchanges and training for
librarians, writers, translators, booksellers and publishers.
2. If all the Republics of the CA Party have deposited their
Article 8
instruments of ratification of the UNESCO Convention before
Protection of Sites and Historic Monuments
the exchange of notifications referred to in paragraphs 2 and 3
of Article 353 of Part V (Final Provisions) of this Agreement,
The Parties agree to co-operate, including by facilitating support
the provisions of this Protocol shall apply from the date of
to encourage exchanges of expertise and best practices regarding
entry into force of this Agreement.

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