The Convention on the protection and promotion of the diversity of cultural expressions and EU external trade policy: Protocols on Cultural Cooperation Jan Loisen Flemish Research Centre on International Policy (Steunpunt Buitenlands Beleid) Studies on Media, Information and Telecommunication (IBBT-SMIT, Vrije Universiteit Brussel)

Topic Protocols on cultural cooperation New practice to implement the 2005 UNESCO Convention EU-CARIFORUM (2008) EU-Korea (2009) Interesting testcase Many questions and criticisms Why such different appraisals? Focus on EU-Korea protocol Literature review, document analysis and expert interviews

Toward a European strategy of mainstreaming culture European Agenda for culture Central role UNESCO Convention New cultural pillar of global governance New and more pro-active role of the EU Conclusions on the promotion of cultural diversity Draw up a strategy for incorporating culture consistently and systematically in external relations… … with due regard for complementarity between the EU and MS Article 167(4) TFEU: cultural mainstreaming obligation Article 207 TFEU: EU trade policy Unanimity for trade in cultural and audiovisual services when cultural diversity is at risk?

Culture in EU external trade policy and the WTO Little concrete impact EU position in WTO robust Slow progress Doha Round Beginning implementation UNESCO Convention Ratifications Fleshing out articles Learning process Long oppositional history One instrument – no panacea Capacity building + empowerment Agenda-setting Legitimizing function Tool, incl. toward other partners Refrain from commitments In negotiations In disputes Debate UNESCO Convention: a counterbalance to the WTO? UNESCO Convention: a counterbalance to bilateral/regional developments?

Bilateral developments Source: Wunsch-Vincent, S. & Hold, A. (2010), Trade rules for the digital age – re-engineerded version, forthcoming.

Protocols on cultural cooperation Rationale and goals Implementation of the UNESCO Convention Ratification by third parties – alliance building Facilitation of exchanges – a modular approach Provisions regarding the audiovisual sector Criticisms Parallel trade and culture negotiations Spirit of the UNESCO Convention Co-production provisions and preliminary study The model

Rationale and goals (1) Implementation of the UNESCO Convention Urgency to act: swift implementation after entry into force Article 16 CCD (Preferential treatment for developing countries) Article 20 CCD (Relationship to other treaties) UNESCO Convention replicates cultural mainstreaming Ratification by third parties: alliance building Tool to encourage third parties to ratify the UNESCO Convention In light of bilateral and regional efforts toward culture, audiovisual services and e-commerce by other countries

Rationale and goals (2) Facilitation of exchanges on a case per case basis Complementary to existing cultural / audiovisual programmes Safeguard partners capacity to develop cultural diversity policy A modular approach to allow for differentiation in cooperation In case of developing countries (Art. 16 CCD): preferential treatment In case of developed countries (Arts 12 & 20 CCD): reciprocity Provisions regarding the audiovisual sector Implementation of Audiovisual Media Services Directive (AVMS) European works (audiovisual co-production) Member States retain capacity to develop public cultural policies Protocol framework disconnected from trade and market access provisions in bilateral trade agreements

Criticisms (1) Parallel trade and culture negotiations Trade perspective is predominant Trade Policy Committee discussions DG Trade takes the lead Bargaining chip? Insufficient communication and coordination Spirit of the Convention Reintegration of culture in a trade context Market access provisions? Excessive focus on audiovisual

Criticisms (2) Co-production and absence of preliminary study Preferential treatment No preliminary study of effects: leap into the dark Precedent counterproductive for cultural diversity Which model for future cultural cooperation? Minor adaptation of the CARIFORUM model Reconstruction of EU-Korea protocol development process EU-CARIFORUM – Draft EU-Korea protocols Draft EU-Korea – Final EU-Korea protocols

EU-Korea protocol development process Source: Germann and multidisciplinary research team, 2010, p. 194

Strengths and weaknesses Strengths Leadership Start of concrete implementation Initiation of reflection and debate Improvement of contents and safeguards Legitimization and example to non EU-context Weaknesses Concept of mainstreaming culture needs clarification Limited prior study – leap into the dark Definition and measurement Lack of transparency and faltering communication Silent stakeholders – diminished interest?

Opportunities and threats Opportunities Build on debate and reflection Articulation of mainstreaming and safeguarding culture Improving coordination procedures and platforms Alternative for third parties Capacity building and empowerment Threats Pervasive strained relationship cultural and trade objectives Capacity to speak with one voice Confusion, awkward division of competences, friction Limited scope Mismatch long term political – short term economic objectives

Recommendations Strengthening the UNESCO Convention Prior ratification Unit for cultural diversity Evidence-based policies for tailored cultural cooperation Invest in study, definition and measurement Shared responsibilities Cultural diversity barometer Reflection and debate in a transparent environment Multi-stakeholder debate Implementation Arts 9, 11, 19 CCD European Parliament Civil society dialogue Transparency

Thank you for your attention! Steunpunt Buitenlands Beleid (FRCIP): Studies on Media, Information and Telecommunication (IBBT-SMIT): Further information: Loisen, Jan. Culturele samenwerkingsprotocollen van de Europese Unie met derde landen. Stand van zaken en uitdagingen voor Vlaanderen. Rapport. Antwerpen, Steunpunt Buitenlands Beleid, 2010, 69 p. Protocols on cultural cooperation between the EU and third countries. Status Quaestionis and challenges for Flanders. Available at Loisen Jan & Caroline Pauwels. Study Paper 3c: Protocols on Cultural Cooperation. In: Germann Avocats and multidisciplinary Research Team. Implementing the UNESCO Convention of 2005 in the European Union (Long Version), 2010, 26 p. Available at Loisen, Jan & Ferdi De Ville. The EU-Korea protocol on cultural cooperation: towards cultural diversity or cultural deficit? Submitted to the International Journal of Communication