Policy areas / overview
recommendations mobility and circulation of artists and works
Following a workshop organised by the Cultural and Creative Industries platform on 23 June, recommendations have been published on mobility and circulation of artists and works. These recommendations were presented at an information session during the European Cultural Forum on 21 October 2011.
impact of the financial crisis on the sector - update 2011 and overview since 2008
This is an overview of three years survey amongst the membership on the impact of the crisis. Since May 2009 Pearle is gathering information throughout a selection of countries on the impact of the financial crisis on the Performing Arts sector. This survey has been updated in October 2009, April 2010 and April 2011 thanks to the contribution of the members. The main points that are discussed, are the changes in public funding, the situating regarding private funding, the changes in audience participation and the employment situation. The documents provide an overview of the European countries and their answers to these key issues.
funding opportunities for performing arts through EU programmes
Within the European Commission the DG Education & Culture is in charge of the design and the implementation of EU actions in favour of cultural activities. For several years, the EU has set up a specific multi-annual programme devoted to culture in order to support projects run by cultural operators. However, culture is a transversal theme integrated in many EU policies. Consequently many EU programmes offer funding opportunities for cultural operators such as Performing Arts Organisations carrying out relevant projects. This booklet presents an overview of the current funding opportunities for activities run by Performing Arts organisations through the EU programmes. It is divided into thematic sections gathering several EU programmes. Each section provides information on the programmes including their objectives and implementation.
European Capitals of Culture
Pearle* responded to the online consultation of the European Capitals of Culture (ECoC). The response was submitted online. Some remarks of Pearle* were the following: -It would be helpful to extend the support and guidance provided by European experts for the Capital of Culture, not only during the project but also afterwards, to ensure an ongoing process of cultural and social development. -More funding is necessary, because international artistic cooperations always bring with them elevated costs. -It is essential to include third European countries, to foster cooperation between cultural organisations within the EU and the European neighbours.
Unlocking the potential of cultural and creative industries
Pearle* welcomes the initiative of the European Commission to issue a Green Paper on Cultural and Creative Industries. In order to develop a real policy for CCI, a transversal and cross-cutting policy should be put in place allowing for these industries to really “unlock their potential”. Pearle* is of the opinion that a policy framework on CCIs should lead to an overarching strategy where actions are to be integrated into a large number of policy areas of the EU. If Europe really wants to achieve a genuine ‘unlocking potential’ of culture and creative industries, steps must be undertaken in all relevant policy areas to create a favourable environment. Under the link below, the contribution of Pearle* to the Green Paper can be found.
Review on European Cultural Policy
In this Pearle* review, an overview is outlined on the European Cultural Policy after the publication of the Communication on Culture in May 2007. The document gives a chronological summary of the evolution between 2007 and 2010 in this field of policy. The Communication on a European agenda for culture in a globalising world sets out three main objectives : intercultural dialogue and cultural diversity, potential contribution of the culture and creative industries to the Lisbon strategy, Europe and its external relations. Different methodologies, such as the Open Method of Coordination, are presented in this review.
European Year on Creativity and Innovation 2009
The aim of the European Year on Creativity and Innovation was to promote creativity and innovation among individuals, enterprises and organizations; to raise awareness of the importance of creativity and innovation for personal, social, and economic development; to disseminate good practices; to stimulate education and research; and to create debates on these issues. Creativity and innovation, in the form of cultural and creative industries, are often described as ways to create economic growth. This cultural and creative industries paradigm considers the cultural sector primarily from the point of view of the industries that make it up and their place in the economy. Pearle* certainly welcomes a stronger recognition of the value of the cultural sector and its economic and social contribution. Nevertheless, it loses sight somewhat of the primary artistic and communicative function of culture, by placing cultural production within an economic framework.
EU development cooperation and the role of culture
Development cooperation and culture seem to be very different policy fields, however there exists a cultural dimension in the EU development policy. The cultural sector is now considered as a useful partner in order to promote social inclusion and reduce poverty in developing countries, through its income generating activities. This paper defines the field of development cooperation, and the sectoral fields concerned with it. Following, the whole of European policies in this field are outlined. Not only European culture policy can have an influence on development cooperation, also cultural organizations individually can participate to specific assistance projects in the rest of the world.
Public consultations on culture in Europe
In 2006, Pearle* responded to a public consultation on culture in Europe. In its answer, Pearle* outlined the most important cultural challenges and objectives for Europe, with the emphasis on the financing of culture linked to the national policy for culture. In addition, attention should be given to cultural exchange, mobility and cooperation. In 2010, the European Commission invited stakeholders on a future EU culture programme after 2014. Pearle responded to the consultation, underlining the following: A culture programme must continue to exist. Such programme should have broad objectives and give access to all cultural sectors on an equal basis. Activities should emerge from the sector itself rather than be proposed by the Commission. Funding should be as high as possible, considering the notion that it concerns projects with a real European dimension. The answers to the public consultations,respectively from 2006 and 2010, can be found under the links below.
Joint declaration on the Unesco Convention on cultural diversity
Under the link below you can find the joint declaration of the European social partners ‘live performance’ on the ‘Unesco Convention on the protection and promotion of the diversity of cultural expressions in relation to the GATS-negotiations within the WTO’ of 2005. The social partners, including Pearle*, welcome this Convention and underline again various key points that have to be taken into account.
- European sectoral social dialogue, comm. "live per
Employment and Social Affairs
Working Time Directive
The live performance sector has its own particularities. It is a highly dynamic sector, with creative and innovative aspects. Autonomy and flexibility are important characteristics. The notion of working time has a very specific meaning in the performing arts sector. Pearle* is therefore strongly of the opinion that the legislation on the working time should aim at offering a general framework and avoid too strict regulations. It is essential that sectors can respond to particular needs and practices in a flexible way. The legal basis of the directive is health and safety. The Commission should avoid to add layers of complexity to this regulation in order to keep its transparency. The related position papers are to be found under the links below. They encompass the first-phase and second-phase consultation on the revision of the working time directive.
TRESS training and reporting on European social security
The trESS network organises seminars and brings together people who are interested in the European coordination of social security schemes.The aim is to increase the knowledge base of the coordination regulations and to build strong networks rooted at national level encompassing public administrations, - including but not exclusively social security administrations - the social partners, NGO's, judges, lawyers, and independent experts confronted with the challenges and problems of implementation in all the 27 member states.
Illegal employment of 3rd country nationals
Both social partners agree with the intention of the directive to provide sanctions against the illegal employment of third-country nationals, though they underline that sanctions should be proportionate and must not threaten the existence of live performance organisations (most of which depend on public funding). Social partners also call upon the EU to advance legislative work aiming at improving the procedures for residence and work permits. This way, applications to allow the legal employment of third-country nationals can be appropriately fast-tracked where there are urgent operational requirements.
Reconciliation of professional, private and family life
In the live performance sector, there is still a lack of sufficient policy measures and instruments to respond to the needs to balance work and private life. The sector has specific work patterns, with sectoral features as: working in the evening or over the weekend, high mobility (touring), reluctance to take a break in one’s career,... These characteristics make balancing work and private and family life a real challenge in the live performance sector. Solutions may be addressed both at company and sectoral level, but also at Member State level, in particular concerning provisions of care-facilities.
Across Europe the role of the arts in the community has proven to foster the inclusion of people excluded from society. Pearle* believes that the role of the EU is to further encourage Member States to put the issue of social inclusion on the priority list of policy measures in the field of social and employment affairs. Pearle* is convinced that the current existing EU programmes, ESF and EQUAL, are satisfying tools which are established to support the social cohesion in Europe. Pearle* would like to encourage the Commission to further promote these programmes in the Member States and the different sectors as listed by the European Commission.
Platform for tax good governance
On 10 June 2013 the Platform for Tax Good Governance held its first meeting. Following an open call, Pearle applied to become a member of the platform. Given its sectoral approach, (full) membership therefore not being possible, the association is accepted on the reserve list. The platform will assist the Commission in developing initiatives to promote good governance in tax matters in third countries, to tackle aggressive tax planning and to identify and address double taxation. These goals correspond fully with the position of Pearle.
The future of VAT
In 2011, the European Commission launched a consultation to review the current VAT system in the EU after 40 years of existence. Pearle*, representing both private and public bodies in the performing arts sector, welcomed the launch of this debate. In its response to the consultation, Pearle* answers to a range of questions posed by the Commission. Generally, Pearle* is of the opinion that: - The EU should provide a framework that allows business to operate within the single market with a minimum of administrative burdens. The EU can take in this respect several initiatives which ease cross-borders transactions. - The EU should respect the subsidiarity of Member States regarding the option on tax exemption of public cultural services and/or on low VAT rates for cultural services. - Qualifying enterprises in the sector should be able to have the choice between tax exemption or low VAT rate for culture services.
ARTICLE 17 OECD MODEL TAX CONVENTION
The article 17 of the OECD model tax treaty indicates a special regulation for artists, with the purpose to prevent artists from avoiding paying taxes. When artists perform abroad they have to pay income tax in the country of performance as well as in their resident country, even when bilateral tax conventions have been concluded. Countries levy a source tax on income earned by foreigners in their country, thus eliminating the risk of tax evasion. Instead of leading to solutions of taxation problems, article 17 leads to huge administrative burdens and a loss of income for small companies and self-employed artists. The opinion of Pearle* on the changes and additions made to article 17 is that they seem to increase the complications and difficulties already encountered. In the position paper, a list of specific problems in relation to article 17 is identified by the sector. In its conclusion, Pearle* proposes possible solutions for these problems. The position paper can be found under the link below.
The performing arts sector is dynamic and internationally focused. It is characterised by a high mobility of workers, yet the application of tax legislation across the EU is obstructing this mobility. The main problem is the double taxation of artists. When artists perform abroad they have to pay income tax in the country of performance, as well as in their residence country. Usually, when this double taxation occurs, bilateral tax treaties provide for ways to eliminate double taxation. But, for performing artists and sportsmen, there is an exceptional rule in the form of article 17. In its response to the Commission’s consultation on Double tax conventions, Pearle* discusses a list of problems related to double taxation, illustrated by concrete cases. Pearle* believes it is necessary to better coordinate national tax systems and to remove discrimination and double taxation as it prevents a good functioning of the internal market in Europe. Therefore, Pearle* very much welcomes the initiative from the European Commission to tackle the subject of double taxation as an obstacle to deploy cross-border activities.
Intellectual Property/Copyright affairs
Common CUP Principles
The “Common CUP Principles on the Upcoming Collective Rights Management Directive” have been signed by 10 European organisations so far. The initiative was launched by the Copyright Users’ Platform (CUP), an informal group of organisations representing copyright users in a wide range of sectors. The CUP welcomes the European Commission's initiative to address the issue of collective rights management practices in Europe. In this paper, suggestions are made to achieve improvements in the collective management of rights. Basic principles are suggested, concerning transparency and governance of collective rights management organisations, and dispute resolution mechanisms. These principles should apply to all collective rights management bodies, at national, regional or EU level. The ultimate aim is to improve the functioning of the internal market and foster the creative sector and the digital economy in Europe.
Copyright On Show: Issues #1, #2 & #3
The Copyright On Show leaflets provide an insight into rights clearance obstacles in the live performance sector. One of the biggest obstacles the live performance sector nowadays faces in Europe is copyright clearance. The live performance organisations have to go through a time-consuming and complex process, full of admistrative burdens that entail high expenses and a lot of effort. With these leaflets, Pearle* urges EU policy makers to undertake a reform of European copyright law. Pearle* articulates various policy recommendations concerning these issues and copyright. Issue #1: Touring. Issue #2: Performing Online. Issue #3: Fair licensing.
Pearle* welcomes the proposal of the European Commission to create a legal framework to ensure a Europe wide online access to cultural works for which the author(s) cannot be found. Digital technology facilitates the access to culture for a wider audience and the live performance sector benefits in various ways from online archives. Pearle* would like to stress the importance to include both holders of copyrights and neighbouring rights in the definition of ‘work’. It is also important to include live performance organisations in the scope of the proposal, to avoid legal uncertainty on the use of orphan works by such institutions.
Seminar on Copyright and Mobility: from physical to virtual mobility
This seminar focused on mobility linked to copyright, discussing both classic mobility such as touring of productions and virtual mobility of live performances in the online world. Pearle* aims at finding solutions to simplify the rights clearance process for cross-border services, both offline and online. During the seminar, panelists and participants discussed obstacles to mobility in the field of copyright and explored possible solutions. This was the third thematic seminar organised by Pearle*, in the framework of the three-year pilot project “Practics”, funded by the European Commission – DG Culture.
Collective rights management
One of the major issues in the area of copyright that Pearle* has been working on, is the review of the collective rights management. Pearle* articulates various difficulties and problems in the collective rights management for the performing arts sector. They concern the increase of tariffs, a lack of transparency and efficiency and the absence of flexible working arbitration systems. Pearle* is strongly in favour of a better governace and regulatory environment on the management of rights by collecting societies and other intermediary representatives of rightholders. Together with the CUP, Pearle* aims at a simplification of copyright legislation and more efficiency and transparency of the rights clearance process. Therefore, Pearle* calls upon the Commission to propose a new framework directive on the governance of collecting societies. The position papers related to this issue can be found under the links below.
Harmonisation & extension of term
In 2008 and 2009, the Commission initiated two proposals concerning copyright. The first proposal concerned the harmonization of term of calculation of co-written works. The second initiative aimed to extend the term of copyright protection for European performers. Both proposals were rejected by Pearle* and other related trade associations. They would not form a solution for an existing problem, but rather create new problems by itself. The links to the related position papers can be found below.
Creative Content Online
The availablity of creative content from the live performance sector online raises new challenges for copyright management. The main challenges for the performing arts sector, across all areas of applications, are very much to be situated in the legal environment of the rights management. In its position papers concerning creative content online, Pearle* concentrates on the obstacles to fully take benefit of the possibilities that creative content online could offer. The mechanism of rights clearance is ill-adapted to the emerging possibilities for artistic content and is a hindrance to support the performing art as a creative industry, making it a major competitive disadvantage. Simplification of copyright legislation, efficiency and transparency of the rights clearance process is essential to create a digital single market for the online distribution of creative content and audiovisual works. Therefore, Pearle* calls upon the Commission to review Copyright Management in Europe. The position papers related to this issue can be found under the links below.
Time to review copyright management in Europe
Brochure published on the occasion of a seminar held by the Copyright Users Platform (CUP) on 20 June 2006 in Brussels. The CUP would like to raise national and EU policy-makers’ awareness of the need for reform of the collective rights management system. All users believe that more needs to be done to improve and modernise the collective management of copyright in the European Union. The aim of CUP is that a better system of rights management is created, with as key objectives: transparency, efficiency, one-stop-shop mechanism, dispute resolution mechanisms and technological neutrality.
Reform on State aid
With the intention to simplify administration burdens and focus on cases wih the biggest impact on the internal market, the European Commission launched a reform on state aid on 8 May 2012. In the course of this reform, the Commission proposed to include the category of culture in the Enabling regulation, so that aids for culture would not be subject to notification requirements. Subsequently, the category of culture was included in the general block exemption regulation (GBER II) to draft block exemptions for the sector. In July 2013, Pearle issued a statement which expresses the interest of the performing arts sector in the reform. In September 2013, Pearle* participated in the public consultation on the planned exemption for culture.
Health & Safety
Online interactive risk assessment tool for productions and performances
watch the introductory video The European social partner project to develop and promote Online Interactive Risk Assessment in the Live Performance Sector has reached its close. With the support of the EU-OSHA Agency, the sectoral social partners Pearle*-Live Performance Europe and EAEA (composed of FIM, FIA and UNI-MEI) have launched two risk assessment tools: one for Productions and one for Venues. The tools are accessible anonymously and free of charge. They are accessible at any time, a risk assessment can be interrupted and continued at a later date, at the user’s convenience. Furthermore, they can be used on portable devices, which is practical. The two OiRA tools for the Live Performance sector have been developed to give a roadmap to the live performance sector to address the challenges that exist to make fit European health and safety legislation with addressing risks in venues and productions, to consider implementing policies, taking measures and adopting approaches that go beyond the common sense practice. It also helps to support careful consideration of the aspects of the work that require safety management and helps to protect those working in this intensely varied and busy environment.
Health and Safety - Noise
The European Commission has drafted a "non-binding guide to good practice for the implementation of Directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise)". Chapter 8 of the guide is dedicated to measures on reducing risk of exposure to noise in the live performance sector. The European social partners (Pearle* & FIM) have worked together on providing input throughout the drafting phase. The document provides a list of workers who are likely to be affected, and explains the various exposure limitations strategies to reduce the noise exposure levels.
Pearle* was involved in both the first-phase and second-phase European Commission’s consultation on Musculoskeletal disorders at work. Foremost, Pearle* wishes to stress the particular nature of the performing arts sector. MSD affects both artists and technicians, due to high physical pressure that is inherent to their profession. There exists already a high level of awareness about the risks of MSD and there is a wide health and saftey framework in the performing arts sector. Therefore, Pearle* believes that further, general initiatives are unnecessery in this area. A general framework, that does not take into account the specific nature of the sector, could even have harmful consequences for our business. Instead, the sectoral social partners are best placed to establish guidelines on this subject. Pearle* is of the opinion that a directive is not the right legislative instrument to address the issue of ergonomics in a work environment. Instead, we advocate pursuing stronger actions on awareness raising, information and training. The relevant position papers are accessible through the links below.
Radio spectrum and wireless microphones
A balanced EU legislation on UHF is necessary if the EU wants to develop a succesful Digital Future
On February 29th, a delegation of the Wider Spectrum Group asked to put culture higher in the implementation of the Digital Single Market as they cultural industries are a core driver for the digital economy. The group underlined that the Proposal for a Decision of the European Parliament and of the Council on the use of the 470-790 MHz frequency band in the Union needs to better reflect the guidance of the Lamy Report and take into account the opinion of the EU spectrum management administrations. The delegation which comprised Media and Entertainment trade unions, content producers, live performance, public and commercial TV and radios, network operators and special event technicians was testimonial to the rich ecosystem present in the European Audio Visual Model and Creative Sector and the fact that it relies on frequencies as a key resource. In Europe, the creative industry is the third economic sector strongly contributing to European GDP and employment. The delegation highlighted the need to balance the effort and investment to be made in their sectors by way of a careful designed roadmap with adequate funding followed by a long term visibility at the 2030 horizon. In Pearle's view this would be in line with the funding provided by the EU for the rolling out of broadband across Europe. Theatres, venues, producing companies need to have access to financial support and be compensated for the full costs of any replacement of new devices and equipment or other additional investment arising from the changes to spectrum usage. The Wider Spectrum Group also expects to find clarity in the decision on regulatory certainty regarding access to spectrum below 700MHz until at least 2030 and until end of 2022 as regards the 700 MHz band, which is needed for some Member States as set out clearly in the RSPG Opinion on UHF; on PMSE , the group requested not to threaten the frequencies used by PMSE and live performance by an excessive focus on LTE-Broadcast when the introduction of such system is already possible in telecommunications bands.
consultation future use of the UHF - Lamy report
It is the responsability of the European institutions to make sure that the use of the 700 Mhz corresponds with general public goals. These goals include cultural diversity, pluralism and access to culture. The EU's objectives in the framework of the Digital agenda, require a fundamental engagement to guarantee that cultural content can continue to be offered.
response to proposal for spectrum harmonisation on PMSE
Pearle provided feedback to the proposal for a Commission Decision on spectrum harmonization for wireless audio PMSE. Whereas Pearle welcomes the efforts of the EC to seek to provide a solution for PMSE, the proposal does not guarantee access to spectrum when needed, nor allows for access to the amount of spectum. Also the proposal for woking with pico cells needs to be further tested and researched.
Consultation on usage of wireless microphones by the European Commission
Thanks to successfully lobbying and cooperation with the European Commission the past years, Pearle* managed to draw the attention of the European policy makers on the sector-specific usage of radio spectrum on which wireless microphone and other technology rely in performances. The European Commission has launched a SPECIFIC consultation on PMSE. With this consultation the EC wants to study the options for the possible introduction of EU-wide harmonisation of spectrum and its technical harmonisation conditions, available for wireless microphones and cordless video-cameras. The template to fill out the questionnaire is is available below, as is a document with further information on the consultation.
Coexistence: The Missing Element in Current Spectrum Policy
The EFSC, a forum interested in preserving coexistence between devices and services when new radio services are introduced, calls for EU spectrum policy to ensure that deployed radio and non radio equipment is taken into account along with the introduction of new radio services. Thorough impact assessments and fair consultation involving all stakeholders should lead to adapted policy making processes that are needed to ensure ongoing compatibility between new and existing devices and services and to avoid, potential interruption of service due to unwanted interference. As we progress in important debates on spectrum, such as the one at the 7th Annual Spectrum Management Conference of June 2012, many key questions come back to one simple goal that will require cooperation amongst all EU stakeholders: Coexistence.
FUTURE USE OF WIRELESS MICROPHONES AND RADIO SPECTRUM & THE DIGITAL DIVIDEND
Wireless microphones are an essential tool for live performances across Europe. Each production needs access to high quality radio spectrum, relying on the 800 MHz frequency bands. The Commission wishes to accelerate the technical harmonisation of the 800 MHz band, to open the opportunities for the electronic communications services to use this frequency range. The use of digital frequencies is not an option for the performing arts sector, since this technology comes with a slight time-delay, which makes it impossible to synchronize. The sector has other aims than purely commercial ones, which makes it impossible for the live performance sector to compete with other commercial sectors. The digital switchover would have important consequences for live performance organisations, with great economic impact on the costs of productions. Pearle* calls upon the EU and its Member States to grant exception to the sector to be subject to trading of rights. The need to safeguard some spectrum out of the range for allocation to other users must be stressed. The digital dividend must gradually, wisely and efficiently be shared amongst users. Any abrupt change would be detrimental for the sector. A specific strategy at EU level should be developed to ensure the continuation of existing PMSE events allowing to guarantee high quality of live performance events. Various relevant position papers concerning this subject can be found under the links below.
Radio spectrum policy programme
Pearle* calls upon the European Parliament and the Member States to aim at a win-win situation for all through a radio spectrum policy programme that allows for growth in all sectors that are concerned by this policy. The performing arts sector should have a protected access to reserved areas of the spectrum, since it relies on the analogue radio spectrum for its functioning. To guarantee high quality of live performance events, it is crucial that the sector can access available frequencies at a price it can afford. Pearle* advocates a guarantee of affordable access to the spectrum, sufficient spectrum to continue live performance productions and a coordination of the spectrum in a harmonious cross border manner between member states to ensure the feasibility of international touring. It is of great importance that allocated spectrum is protected and interference is to be avoided. Touring productions will avoid Europe if they cannot benefit of a certain extent of harmonised frequencies. If the PMSE is forced out of the 800 MHz band, then it is obvious that the sector should not have to bear the costs associated with being moved to another frequency range. Pearle* advocates therefore a more gradual approach towards the digital switchover. Pearle* calls upon the Commission to take into account the particular status of the live performance sector. A future radio spectrum policy programme should match needs of content users and other users, by focusing on coordination and planning, efficient use of the spectrum and by developing supporting measures for research and innovation. In the policy programme, there should be a specific frequency management for PMSE usage.
Mobility in the live performance sector
Future of Home Affairs policies: An open and safe Europe – what next?
The aim of the consultation, to which Pearle contributed, is to collect opinions with a view to contribute to the Commission Communication on the New Agenda for Home Affairs. In its reply Pearle underlined the need for cutting red tape, and seek for rules which do not result in unnecessary costs or even loss for organisations who intend to employ third-country nationals. In particular for a sector as the live performance, it is common practice for third-country nationals to stay for a short period or travel in and out the Schengen zone. More attention should be given to the facilitation of stays for short periods and for professional reasons. Within the context of the Europe 2020 Strategy to deliver jobs and growth, which is also the basis for other policy areas such as on EU Home Affairs, it is essential to have an effective policy on visas for third-country nationals, in particular for those travelling to the EU for professional reasons. The employment of third-country nationals, often for a short period such as in the performing arts sector, has a positive impact on the sector itself, on local employment and the wider economy. This should be kept in mind, if the EU and its Member States are seeking for measures to contribute to growth and employment.
information standards for mobility of cultural professionals and artists
Following the Culture Council work programme, the European Commission convened an expert group to develop a set of standards to provide information to artists and cultural professionals travelling across Europe. A main focus in the information provision concerns the regulatory aspects, following from the EU's basic principle of free movement of persons, services and goods. The expert group was composed of representatives from national ministries of culture, intermediary structures and European networks, inclduing Pearle.
final report of the PRACTICS mobility pilot project
The report summarises the main actions undertaken during the pilot project which run between 2008 and 2011, the results it achieved and the recommendations that the project partners put forward. It also contains interviews with the project partners about the lessons they have learned and the challenges they consider for the future of PRACTICS. Pearle has been an active partner in this project, organising three thematic seminars related to obstacles to mobility in the field of: social security, taxation, visas and work permits, copyrights.
Pearle review on european cultural mobility
This inhouse publication by Pearle* offers an elaborate chronological overview that summarizes all the activities that have been undertaken by Pearle* in the last 10 years in the field of mobility, to promote and facilitate cultural mobility. The intention of this paper is to describe how Pearle has been contributing and taking part in advancing to put mobility higher on the political agenda. Mobility issues concern the core of the functioning of the European internal market. In different periods of term of the European Commission, strategies have been developed to improve the mobility of workers. Without any doubt, there has been important progress made to raise awareness on the importance of mobility in the sector. Policy makers have become convinced of the relevance, the specific needs and the complexity of the sector. Support is needed as it is an issue that is transversal and goes beyond the physic borders. The European dimension is clearly there, but it needs the engagement of all Member States to be favourable to mobility. Clearly, there are many more years of work to go to cover many more aspects of mobility!
European Job Mobility Action Plan
Pearle* welcomes the Commission's European Job Mobility Action Plan (2007), since mobility is an inherent feature of the live performance sector. It calls the Commission to aim for further reduction of legislative and administrative obstacles. Pearle* regrets that the action plan does not deal with mobility in other policy fields and calls for a more integrated approach across all EU policy fields.
US Work Permits & Visas for Performers
European performers face certain difficulties in relation to travel to the US. Performers and artists of all types are finding it still more difficult, time consuming and expensive to gain access to the US. We believe that we should be working with all concerned parties to achieve, not simply more efficient administration of the current system, but legislative change that meets the understandable security concerns of the U.S. Government whilst also reflecting the needs of the performing artists and the organisations that rely on them. Pearle* would not be seeking preferential treatment for performers. The aim is rather to see them treated in the same way as others working in similar fields, such as sports people. Related position papers can be found under the links below.
Mobility of workers, within the EU and in the world is one of the main features of the performing arts. Employers in the performing arts sector throughout Europe, engage frequently third-country nationals for a shorter or longer period. The current rules for employing third-country nationals are lengthy and often difficult to comply with. Pearle believes that mobility of artists is crucial for the performing arts sector to develop its artistic output, allowing artists from all over the world to cooperate with each other. Therefore Pearle asks the European Commission to allow performing arts organisations to employ third country nationals whenever this is necessary, based on a principle of freedom of the arts. Pearle welcomes any initiative from the European Commission to harmonise national rules on immigration with specific derogation for artists. Pearle is most certainly in favour of a combined permit for work and residence and for a one-stop-shop principle (or single application procedure). Related position papers, respectively on economic migration and highly qualified workers and a single application procedure can be found under the links below.
Mobility in the live performance sector
The employers in the sector “live performance” agree that mobility is a core element for the flourishing of culture in Europe. Therefore, the social partners wish to draw the attention of the European Commission, the European Parliament, the Council and the Committee of the Regions to the specifics of mobility in the framework of social dialogue. Pearle* calls upon these institutions to set up and create funds supporting mobility in the arts. Pearle* articulates particular issues which hinder the mobility of the performing arts in Europe and invites the Commission to develop an action plan for mobility to deal with the specific problems in the sector. When these issues of free movement are resolved, a true internal market for services and artists can be created. This internal market can contribute to the flourishing of a European cultural area. The related position papers on this topic can be found under the links below.
Propsal for a directive on public procurement
In December 2011 the Commission published a proposal on the revision of public procurement rules. Pearle* believes that a specific light regime for cultural services is urgently needed in order to take into account the particularities of the sector. The live performance sector is hybrid in terms of covering both public bodies and private enterprises. In order to ensure high level live performances throughout the EU; cultural, artistic and entertainment services should benefit from a special regime which allows for the reduction of administrative burdens and artistic freedom. Otherwise, the uniqueness and diversity of the European cultural landscape would be at stake.
Distance selling directive & directive on electronic commerce
Pearle* welcomes the initiative of the European Commission to consider the review of the Consumer Acquis. The main directive of importance for the performing arts sector is the Distance selling directive (97/7/EC). The majority of tickets for live performances are sold ‘on distance’; through the internet or telephone. The main feature of the service concerns the immediate consumption of a performance. Hence, the sector requires specific rules, since it is impossible to apply certain common rules for consumers. Therefore, Pearle* believes any reforms to the Consumer Acquis should take into account specific issues in the relationship between the seller and the consumer in the live performance sector. On this subject you can find Pearle’s comments on the Commission consultation on the Consumer Acquis, as well as Pearle’s answers to a public consultation on the future of electronic commerce in the internal market.
Proposal for a directive on services in the internal market
Pearle* welcomes the initiative of the European Union for a directive to harmonise the internal market for services. In particular, Pearle welcomes the provisions in the directive allowing to reduce the administrative burdens which hinder the free movement of services. This would provide a legal framework that will eliminate the obstacles to the freedom of establishment for service providers and the free movement of services between the Member States in order to strengthen the integration of the peoples of Europe and to promote balanced and sustainable economic and social progress. Pearle* urges the European Parliament and the Council - to pay attention to the position of culture, the arts and the performing arts sector in particular - to exclude any harmonisation of the laws and regulations of the member states in relation to cultural policy and public funding - to maintain the right for member states to provide aid for operators in the cultural sector. Following the subsidiarity principle, the public funding of the arts belongs to the competencies of the member states and its regions.