Market access issues for cultural goods and services in the European Union: another story

of luck and burden

By Jean-Michel SALMON

Thursday October 28, 2004RNM Workshop on Cultural

IndustriesCrowne Plaza Hotel, POS, Trinidad

By Jean-Michel SALMON

Thursday October 28, 2004RNM Workshop on Cultural

IndustriesCrowne Plaza Hotel, POS, Trinidad

stradevco@wanadoo.fr

2

Intro : cultural industries and the effect of size and fragmentation

• European Cultural Markets and Policies• ACP cultural industries main characteristics

and access to the EU markets• The DOMs special case and the perspectives

for an enhanced cultural partnership with Caribbean actors

• What cultural industries dev strategy towards the EU markets in the EPA context?

Contents

3

Introduction

-small size of the EU producers? -What then about the Caribbean?

Size, fragmentation, remoteness, lack of capital, …but a lot of talents and a

environment- induced creation « Luck and burden » (E. Solomon)

4

• de facto, an open single but still segmented market: hampered by ‘cultural distance’ but backed by political ambition (article 151 Treaty, 3 Constitution)

• Two kind of legal restrictions to a free european cultural industries market 1.Broadcast quotas (Television Without Frontiers Directive,1989)2. Support to EU producers through various means (EU , EU MS, EU Regions programmes)

European Cultural Markets and Policies

5

4. No common fiscal policy, but national treatment principle5. EU enlargement: acquis communautaire ready at hand6. Strong EU will to elaborate an int’l Treaty aimed at

preserving and supporting cultural diversity, outside and opposable to the WTO framework

7. Still sound and cautious approaches within WTO GATS negs

8. Caution: dangerous FTAs !

European Cultural Markets and Policies

6

- ACP producers face natural barriers, rather than legal ones

- Lomé/Cotonou: free entry of most goods, including cultural ones

- Main weaknesses: a relatively poorly structured, unprofessional industry, lacking resources

- A structural trade deficit- Some EU limited support, so far mostly targeted

to African needs. Should be more (possibilities to apply to the next MEDIA & Culture 2007 programmes)

ACP cultural industries main characteristics and access to the EU market

7

- Cultural industries in DOMs same situation: a lot of talent (luck) but a heavy number of constraints (burden).

- A encouraging music sector… in crisis and with ambiguous effects

- DOMs audiences mostly tuned to local or national (French) programmes in addition to US ones

The DOMs special case and the perspectives for an enhanced cultural partnership with Caribbean

actors

8

- the Cotonou agreement and EPA EC negotiations mandate provisions: * improve ACP cultural industries access to the EU market* distinct treatment of AV services within specific cooperation and partnership cultural agreements

- Be as much technically focused as possible during the trade negs (moral grounds not so much useful)

- a inclusive approach of NSA? Let’s then take a moment to NGOs strong criticisms

What cultural industries development strategy towards the EU market in an EPA context?

9

- Reconcile culture with economics : back to demand and supply basics means to increase european (incl DOMs) demand for caribbean cultural products increase EU support to Caribbean supply

What cultural industries development strategy towards the EU market in an EPA context?

10

What cultural industries development strategy towards the EU market in an EPA context?

-Increase demand• Caribbean share of free TV programmes in the EU, incl. DOMs• inclusion of a Caribbean broadcast in EU satellite/cable TV packages• pilot approach reciprocal broadcast time exchanges with DOMs• joint Caribbean and DOMs efforts to promote cultural products from the Caribbean in the EU

11

Increase supply and develop projetcs- promote regional joint Caribbean-DOMs

cultural products, such as West indies Jazz Band ; Blue Mango ; Michelle Henderson

What cultural industries development strategy towards the EU market in an EPA context?

12

- establish a joint Caribbean-DOMs Council for Cultural Development, with a view to(i) stimulate operational partnerships through a permanent dialogue between NSA and public authorities in the region(ii) elaborate and manage projects (incl. search for funds)

- the conducive context of the « wider neighbourhood » of EU ‘outermost’ regions

What cultural industries development strategy towards the EU market in an EPA context?

13

• Regarding actual legal barriers, what scope for a Special and Differential Treatment in AV markets? Would the possibility to include ACP cultural products in European quotas be an advantage?

• What is the rationale of Grenada’s request to the EU regarding cultural industries?

What cultural industries development strategy towards the EU market in an EPA context?

14

CONCLUSION

- There is scope for action. Create your/our own luck! - Partnerships with EU actors indispensable- Partnership with DOMs as a pilot approach: leave back-to-back positions for face-to-face in the region and hand-in-hand outside.