ROMANIA S POSITION PAPER CHAPTER 20 - CULTURE AND AUDIOVISUAL

Transcription

1 CONFERCE ON ACCESSION Brussels, 1 August 2000 TO THE EUROPEAN UNION - ROMANIA - CONF-RO 24/00 ROMANIA S POSITION PAPER CHAPTER 20 - CULTURE AND AUDIOVISUAL 1. GERAL POSITION Romania accepts the entire acquis communautaire in force at 31 December 1999, requires no transition period or derogation and will be able to entirely implement it upon accession. Romania is ready to continue to examine the development of the acquis and to inform systematically the Accession Conference or the Association Council on the legislation and the measures adopted for the implementation of the new acquis or, where the need might appear, on the difficulties that might arise in the transposition of the new acquis. Concerning this chapter, Romania also refers to the information supplied during the screening process and agrees with their continuous transmission to the Member States. Romania has unilaterally assumed the date of 1 January 2007 as working assumption for the achievement of its preparations for EU accession. 2. THE TRANSPOSITION OF THE ACQUIS COMMNUNATAIRE IN THE FIELD 2.1. THE LEGISLATIVE FRAMEWORK The legislative framework in the field of cultural policies Romania fully shares the principle of cultural policies, which provides for the full respect of the cultural diversity, with special emphasis on the common European cultural patrimony. The legislation, the institutional structure and the programmes adopted, initiated and accomplished in Romania in the field of culture are in full compliance with the provisions of Art. 151 of the Treaty establishing the European Community, as well as of the Parliament and Council Decision 508/2000 regarding the launch of "Culture " Programme. Romania also assumes the major objectives of these policies, which provide for the improvement in the: - dissemination of the knowledge about the culture and history of European States; - preservation and protection of the European cultural heritage; - development of non-commercial cultural exchanges; - support for the art and literature works, including the audio-visual. Romania wishes to continue to take part and even to intensify its involvement in Community programmes in the field of culture and audio-visual, as it is convinced that its presence in a European cultural partnership is legitimate and creative. 1

2 The legislative framework in the field of audio-visual and cinematography A comparison with the provisions of EC Directive 552/89 Television without Frontiers (as amended by Directive 36/97) indicates that, globally, Romanian legislation in the field of audio-visual including the draft law amending the Audio-visual Law is in an advanced stage of harmonisation.. Thus: a) In order to harmonise the framework legislation, a draft law amending Law no. 48/92 of the audio-visual was initiated and currently undergoes the parliamentary procedures. The draft will also aim to ensure compatibility with the acquis communautaire in the field of telecommunications and information technology, allowing Romania to observe its obligations in the area of radio-communications derived from the Constitution of the International Union for Telecommunications, to which it is member. b) Through the decisions adopted by the National Council of the Audio-visual (NCA), a number of fields are in advanced stage of legislative harmonisation, such as: minors protection, advertising, teleshopping, sponsoring, insurance of the right of retort and insurance of the free access to audio-visual services. c) As regards the ratification of the Convention on Transfrontier Television of the Council of Europe, Romania aims to close this process, including the signature of the Protocol amending the Convention, before the end of d) In order to adopt the provisions regarding the majority proportion of European creations in the broadcasting of TV channels with national coverage, Romania commits itself to gradually introduce, until 1 January 2007, where practicable and by appropriate means, a majority proportion of European and Romanian works. The implementing norms will be adopted only after solving the problems derived from the General Agreement of Trade in Services (GATS) within the World Trade Organisation (WTO). The Parliament performs the control on the National Council of the Audio-visual and legislates in the field of the audio-visual, with the prior consultation of authorities with prerogatives in this field. The prerogative to initiate legislation in the audio-visual field, with the observance of the procedures and jurisdiction provided by the laws in force for the technical regulation of telecommunications, will be fulfilled at the Government level by the Ministry of Culture, which will promote in this respect a draft Government Decision to bestow him this prerogative. The Ministry of Culture will also perform the function of representation, as well as of negotiation and ratification of international agreements in the same given field. According to the Audio-visual Law, the National Council of the Audio-visual is responsible for the elaboration of regulating decisions and of their implementing norms, in compliance with the audio-visual acquis, as well as for the monitoring of the enforcement of the legislation in the field of audio-visual. According to the provisions of Law no. 22/1999, the National Office of Cinematography (NOC) has the right initiate legislation in the area of film and audio-visual works production and distribution. 2

3 2.2. THE INSTITUTIONAL FRAMEWORK The institutional framework in the cultural field The Ministry of Culture is the national authority with prerogatives in the elaboration and enforcement of the cultural policies, supporting and monitoring cultural and artistic activities of local, national or international interest. Following the careful assessment of Romania s participation in the Kaleidoscope, Raphael and Ariane Community programmes, the Ministry of Culture decided to create a special department in order to monitor and provide the technical assistance to the institutions, organisations, associations, cultural foundations with eligible projects wishing to participate in the cultural Community framework-programme. The Ministry of Culture has also decided to provide in its own budget the necessary funds to cover the Romanian contribution The institutional framework for the audio-visual and cinematography The Ministry of Culture is the Government body to be assigned with the responsibility for elaborating the policy in the field of audio-visual, except for the aspects related to the technical regulation of the telecommunications. The Ministry of Culture co-operates with the NCA in elaborating these policies. NCA is the autonomous public authority responsible for the protection of the public interest in the field of audio-visual, with prerogatives in the elaboration of the policy in this area, of the policies and strategies concerning the balanced emerging of the audio-visual market, as well as in the regulation and monitoring of this market, as provided by the laws in force. Through its specialised directorates for regulation, surveillance and control, licenses and authorisations, as well as through the directorate for European integration, the current organisation of the NCA safeguards the institutional framework for the development of the process of further adoption and enforcement of the acquis communautaire according to the legislation in force, as well as the development of the activities of control of the compliance with the legal framework. Considering the further strengthening of the institutional capacity of the NCA, which is an objective enshrined in Romania s National Programme for EU Accession, a priority for the near future is the development of the department for control and territorial inspection, including the set up of a national integrated system of IT development and monitoring. The set up of a department for the protection of the minors is also foreseen. In order to safeguard the shaping and balanced development of the audio-visual market in Romania, NCA elaborates and implements the policies and the strategy ensuring the public access to the audio-visual programmes, issues regulations within its prerogatives and controls the compliance of the holders of licenses for audio-visual emission with their obligations. NOC is the national authority with prerogatives in the establishment and enforcement of the policies for the development of the Romanian film industry. NOC co-ordinates the film activities in Romania, administering the financial resources provided to this aim. NOC is mainly competent to: - draft the legislation in its area of jurisdiction; 3

4 - authorise all film activities carried out in Romania by domestic or foreign natural or legal persons; - monitor the production, distribution and operation of film and audio-visual works; - participate in the negotiation and/or ratification of conventions, agreements and other multilateral or bilateral understandings in the area of the film industry. In order to support Romania s participation in the Community programmes in the area of the film industry, NOC decided to set up a special department intended to provide technical assistance in the field of audio-visual and film productions to institutions, associations and cultural foundations with eligible projects. Romania reaffirms its interest to participate in Community programmes in the field of audio-visual (Media Plus Programme). Romania also expresses its wish to continue to participate in the programmes launched within the "Eureka Audio-visual" initiative. Romania is a member of Eurimages since 1998 and participates in the programmes supporting film and audio-visual co-productions, the distribution of audio-visual works and the broadcasting of the film productions in theatres belonging to a European network (Eurosalles). Romania expresses its interest in continuing to participate in the Eurimages programme. NOC has decided to provide in its own budget the necessary funds to continue this participation THE FINANCIAL SUPPORT PROVIDED FOR THE FORCEMT OF THE CULTURAL AND AUDIO- VISUAL POLICIES In order to support the cultural policies oriented towards Romania s participation in Culture 2000 framework-programme, the Ministry of Culture has decided to provide the necessary funds from its own budget, including the necessary amounts for the institutional development measures required by the fulfilment of this objective. NCA has decided to provide from its own budget the funds necessary for attaining the objectives of legislative harmonisation and development of institutional capacity, as well as for insuring the monitoring of the enforcement of the acquis. As a member of Eurimages, Romania has enjoyed financial support for the specialised programmes concerning the co-production of film works and the distribution through the creation of a small distribution network (three theatres) for the promotion of European film productions. Within the Eureka audio-visual programme, Romania has also enjoyed support for the organisation and functioning of an information antenna. 3. ACCEPTANCE OF THE ACQUIS. REQUEST FOR SPECIAL ARRANGEMTS Romanian legislation is fully harmonised with the acquis of cultural policies. As far as the acquis in the field of audio-visual is concerned, Romania commits itself to full compliance with it at the latest by the date of accession. The legislation which will insure full conformity with the European acquis will be adopted prior to the date of accession, and the provisions regarding the majority proportion of European works in the broadcasting of TV channels will be introduced gradually, after the resolution of the problem raised by GATS through the future negotiations within WTO. Romania is decided to ensure full compliance with the acquis communautaire prior to the date of 1 January 2007 should the evolutions until then allow a repositioning of the 4

5 provisions in the field of audio-visual between the EU Member States, Romania and the other WTO member States. Taking into consideration the adjustment of its policies and legislation, Romania expresses its wish to participate in the Media Programme starting from 2001 and requests to be admitted before a solution is found for the problems raised within GATS. To this aim Romania asks for the support of the EU in the WTO negotiations on the cultural exemption. 4. COMPETT AUTHORITIES The national authority responsible for drawing and implementing the cultural policies is the Ministry of Culture. The Ministry of Culture is the Government body which is going to be assigned with the prerogatives to represent the Government in the audio-visual area and to initiate legislation for the enforcement of the audio-visual policies, in full compliance with the procedures and prerogatives provided by the laws in force for the technical regulation of telecommunications. NCA is the autonomous public authority responsible for the protection of the public interest in the field of audio-visual, with prerogatives in the elaboration of the policy in this area, of the policies and strategies concerning the balanced emerging of the audio-visual market, as well as in the regulation and monitoring of the audio-visual market, as provided by the laws in force. The national authority responsible for drawing and implementing the policies in the field of film production is National Office of the Cinematography. Approved by the Government of Romania in its session of 31 July