Kiri

Ref. Ares(2021)4015979 - 21/06/2021 EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR EDUCATION, YOUTH, SPORT AND CULTURE Culture and Creativity Cultural Policy Brussels, EAC.D.1/BS NOTE FOR THE ATTENTION OF THE MEMBERS OF THE CULTURAL AFFAIRS COMMITTEE Subject: Invitation to nominate experts for an Open Method of Coordination (OMC) group on "the status and working conditions of artists and cultural and creative professionals" under the Work Plan for Culture 2019-2022 – Priority C In November 2018, the Council adopted the 2019-2022 Work Plan for Culture1, which focuses on six key priorities where EU level action can deliver clear added value: (A) sustainability in cultural heritage; (B) cohesion and well-being; (C) an ecosystem supporting artists, cultural and creative professionals and European content; (D) gender equality; (E) international cultural relations; and (F) culture as a driver for sustainable development. Under priority C, the Work Plan foresees the establishment of an Open Method of Coordination (OMC) expert group on "the status and working conditions of artists and cultural and creative professionals" in the second half of 2021. As for all OMC groups under the Work Plan for Culture, participation in the work of this group is voluntary and Member States can join at any time. A priori, meetings will take place physically, as long as the situation related to COVID-19 allows. If your Member State is interested in participating in this group, I would be grateful if you could nominate two experts who will represent your country by 20 August 2021. To inform the nomination process, please find below a few practical indications as to the timing, profile of experts and reimbursements of their costs. Timing of the expert group The first meeting of this OMC group is scheduled for 21 September 2021 (either physically in Brussels, or online). The group will meet approximately 5-6 times until early 2023. Mandate for the group According to the procedure laid down in the Work Plan for Culture 2019-2022, the mandate of this OMC group was finalised during the Cultural Affairs Committee meetings on the basis of a 1 Official Journal C460/10 of 21.12.2018, link: https://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1554803950972&uri=CELEX:52018XG1221(01) Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111 Office: J-70 02/044 - Tel. direct line +32 229-62446 [email protected] draft mandate proposed by the Commission. The mandate on “the status and working conditions of artists and cultural and creative professionals” is attached to this letter. Profile of the experts When adopting the Work Plan for Culture 2019-2022, EU Member States decided on a few principles related to membership and functioning of the working groups. These principles state that the experts should have 'a practical experience in the field at national level and that s/he will ensure effective communication with competent national authorities'. Past experience with OMC groups in the field of culture shows that for the OMC process to be as beneficial as possible, experts should be involved in or closely linked to national policy making and/or implementation. In addition, experts should actively participate in the work of the group, by contributing to the meetings with presentations, drafting texts related to the group's deliverables and committing to disseminate its results to policy makers and relevant stakeholders at home. In case no suitable experts from the national administration can be identified for the purpose of the OMC group, Member States can exceptionally appoint experts from NGOs or cultural organisations. Sectorial expertise and number of experts Experts should be able to contribute effectively to the discussions and fulfilment of the group's mandate. They should therefore have a good knowledge of the relevant public policies, practices and grassroots initiatives in the following areas:  artists’ and cultural and creative professionals’ status and entitlements, regimes for access to cultural professions, social security coverage and contribution schemes, retirement provisions and pension entitlements, financial support and other benefits and incentives by the different levels of government, tax requirements/exemptions, education/skills development and professional retraining regimes, rules on work accidents and occupational illnesses, freedom of movement and service provision, general conditions etc.  the following aspects of artists’ and cultural and creative professionals’ working conditions: artistic freedom; disadvantaged groups; young people (in particular in relation to the “gig economy” and the future of work discussion, precarity due to project-oriented jobs and self-employment); female artists and cultural and creative professionals and intersectionality, hidden unemployment as well as the physical places and conditions where work of artists and CCS professionals takes place; night-time economy aspects of certain cultural and creative professions (performing arts and music in particular) as well as the gig-economy more widely related to cultural and creative sectors. As specified in the mandate, you are invited to appoint : (1) one expert from the cultural field with a specialised interest in artists’ working conditions; and (2) a second expert from another field, employment/social affairs/economy, as appropriate, with a background in labour law/social security, coming from a ministry or agency specialised in the field. The Commission will reimburse travel expenses (for physical meetings) for the maximum of two participants per Member State, representing two different and complementary services. Transparency 2 Please note that all nominated experts will be identified by name and function in the final report and any associated proceedings of the OMC. Contact details (email addresses) may also be shared upon request. For the sake of transparency, all documents related to OMC meetings including agendas and minutes will be made available online in the Register of Experts managed by the Secretariat- General of the European Commission and accessible via the Europa website (click here). Reimbursement For the meetings that take place physically, experts who are civil servants or public administration employees will have their travel costs reimbursed, but accommodation costs will not be covered and there will be no daily allowance. Please note that following a change to the rules for reimbursement of expert groups, any expert from NGOs or cultural organisations participating in OMC groups will have their costs reimbursed in the same way as civil servants or public administration employees: that is, only travel costs will be reimbursed. Accommodation will not be covered and there will be no daily allowance. Ordinarily, only one expert per Member State will receive reimbursement of travel costs. However, as stated above, if a second expert who clearly represents a different government department / administration / sector is nominated, travel costs of both experts will be reimbursed. Chairperson The nomination letter from your institution or agency should indicate whether an expert would be willing to chair the working group. Candidates for the chair should be made fully aware of the time investment that such a position requires, particularly with regard to steering the preparation of the expert group's expected output and coordinating the drafting process. In light of the fact that some meetings could be required to be held online in case the COVID-19 would require, good IT skills would also be desirable for any candidate(s) interested in the position. The expression of interest to serve as chair should be accompanied by a CV and a letter of motivation, which will be shared with all OMC group members prior to the election of the chair. The election of the chair will take place at the first meeting of the OMC Group. Working language Due to current budget limitations for translation/interpretation, and in order to use resources in the most effective way, the working language of the OMC group will be English. The Commission will cover costs of translation of the group’s final report (full version and executive summary) into French and German, and format these for publication. There is a small budget available for the publication of other EU language reports/summaries, if group members are interested / willing to provide translations. I would be grateful if you could complete the attached nomination form (Annex 2) and send it to [email protected] by 20 August 2021. My colleagues and I will be happy to answer any further queries you may have about the nomination procedure. I am looking forward to hearing from you. Yours sincerely, 3  Catherine MAGNANT Head of Unit Annexes: 1. Mandate of the group 2. Template for nomination 4 Electronically signed on 18/06/2021 17:01 (UTC+02) in accordance with article 11 of Commission Decision C(2020) 4482 Ref. Ares(2021)4015979 - 21/06/2021 Council of the European Union Brussels, 17 June 2021 (OR. en) 9926/21 LIMITE CULT 41 SOC 402 SUSTDEV 84 EMPL 297 JEUN 66 GENDER 78 SAN 407 PI 54 RELEX 575 NOTE From: General Secretariat of the Council To: Delegations No. prev. doc.: 9033/21 Subject: Open Method of Coordination (OMC) group of Member States’ experts on the status and working conditions of artists and cultural and creative professionals ‒ Final mandate Delegations will find attached the final version of the mandate for the Open Method of Coordination (OMC) group of Member States’ experts on the status and working conditions of artists and cultural and creative professionals, as agreed at the Cultural Affairs Committee meeting on 8 June 2021. 9926/21 ATR/fco 1 TREE.1.B LIMITE EN  ANNEX Open Method of Coordination (OMC) group of Member States’ experts on the status and working conditions of artists and cultural and creative professionals set up under Work Plan for Culture 2019-2022 Priority C: An ecosystem supporting artists, cultural and creative professionals and European content - Mandate - 1. The Council Work Plan for Culture 2019-2022, under Priority C: An ecosystem supporting artists, cultural and creative professionals and European content, provides for the creation of an Open Method of Coordination (OMC) group of Member States’ experts focusing on the status and working conditions of artists and cultural and creative professionals. 9926/21 ATR/fco 2 ANNEX TREE.1.B LIMITE EN 2. The 2017 European Pillar of Social Rights sets out 20 key principles and rights essential for fair and well-functioning labour market and welfare systems in the 21st century. Relevant provisions include active support to employment, the right to fair and equal treatment regarding working conditions, access to social protection and training, right to fair wages, social dialogue and involvement of workers and regardless of the type and duration of their employment relationship, as well as adequate social protection for workers and self- employed, as well as other relevant EU legislation1. Different EU Treaty Articles2 focus on artistic freedom. Article 15 of the EU Charter on Fundamental Rights provides for the freedom to choose an occupation and the right to engage in work. Furthermore, Directives3 related to copyright and related rights in the Digital Single Market are important to ensure appropriate and proportionate remuneration for authors and performers. This OMC group, however, will not address copyright issues, while acknowledging their importance for the professional lives of artists and creators, due to the complexity and logistical difficulties their inclusion may pose. 1 These include Regulation (EC) No 883/2004 on the coordination of social security systems, Directive 2010/41/EU on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and Directive (EU) 2019/1152 on transparent and predictable working conditions. The 2019 Council Recommendation on access to social protection for workers and the self-employed aims to support all people who, due to their employment status or duration, are not adequately covered by social security and thus are exposed to higher economic precariousness and instability. Article 17 provides protection for copyright, crucial to remunerate the work of artists and creators. 2 Article 3 (3) of the Treaty on European Union (TEU), Articles 2, 151, 153, 157 of the Treaty on the Functioning of the European Union (TFEU) as well as Article 13 of the EU Charter on Fundamental Rights attached to the TFEU focus on artistic freedom. 3 In particular, Directive 2001/29/EC and Directive (EU) 2019/790. 9926/21 ATR/fco 3 ANNEX TREE.1.B LIMITE EN 3. At international level, the right to work, the right to social security and the right to take part in cultural life are enshrined in several human rights instruments, such as the 1948 Universal Declaration of Human Rights and the International Covenant of Economic, Social and Cultural Rights from 1966. 4. At international level, the 2030 Agenda4, adopted by the international community in September 2015, is structured around 17 Sustainable Development Goals (SDGs), providing a framework for policy design and implementation for a more sustainable future. The mandate of the present OMC group is linked in particular to SDG 8 “Protect labour rights and promote safe and secure working environments of all workers” including “those in precarious employment” and to SDG 16 referring to the “protection of fundamental freedoms”, as well as to other SDGs (SDG 4, SDG 10, SDG 17, given the work already developed by UNESCO in this area). 5. The EU and all its Member States are parties to the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions5. The 2005 UNESCO Convention “is an international agreement that provides a unique policy framework to implement Sustainable Development Goal 16 and gives a new impetus to promote and protect artistic freedom as a pillar of the fundamental freedom of expression”6. Artistic freedom furthermore falls under the broad scope of freedom of expression, which is a universal human right.7 4 United Nations, A/RES/70/1, ‘Transforming our world: the 2030 Agenda for Sustainable Development’ https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E 5 https://en.unesco.org/creativity/ 6 https://en.unesco.org/creativity/sites/creativity/files/artistic_freedom_pdf_web.pdf 7 https://ec.europa.eu/culture/news/study-artists-working-conditions-published, p.110. 9926/21 ATR/fco 4 ANNEX TREE.1.B LIMITE EN 6. Finally, the UNESCO 1980 Recommendation concerning the Status of the Artist8 calls upon Member States to improve the professional, social and economic status of artists through the implementation of policies and measures related to training, social security, employment, income and tax conditions, mobility and freedom of expression. It also recognizes the right of artists to be organized in trade unions or professional organizations that can represent and defend the interests of their members. A. SCOPE 1. The OMC group will concentrate on the status and working conditions of artists and cultural and creative9 professionals, taking into account also the wider ecosystem supporting artists, cultural and creative professionals and European content, while taking due account of the respective spheres of competence of the Member States and the Commission, the principles of subsidiarity and proportionality, and while respecting the role and autonomy of the social partners as well as national labour market models. 8 https://unesdoc.unesco.org/ark:/48223/pf0000114029/PDF/114029eng.pdf.multi.page=144 and https://en.unesco.org/creativity/governance/status-artist 9 According to the definition given in Article 2 of the Creative Europe Programme, the cultural and creative sectors include inter alia architecture, archives, libraries and museums, artistic crafts, audiovisual (including film, television, video games and multimedia), tangible and intangible cultural heritage, design, festivals, music, literature, performing arts, publishing, radio and visual arts (Regulation (EU) 2021/818). 9926/21 ATR/fco 5 ANNEX TREE.1.B LIMITE EN 2. The OMC group will build on existing work, avoid any possible overlapping, actively seek synergies with related initiatives and work in a cross-sectoral and innovative way. It will follow up on recommendations of the OMC Report “The role of public policies in developing entrepreneurial and innovation potential of the cultural and creative sectors”10. In order to best carry out the information gathering and policy learnings, and as has been done in the before- mentioned OMC group, this new OMC group will also consist of one Member appointed by the Ministry of Culture, and a second Member from another field (employment/social affairs/economy, as appropriate). 3. The work of the OMC group will build on the study on the status and working conditions of artists and cultural and creative professionals11, foreseen in the Work Plan for Culture. The study looks at characteristics of employment of artists and cultural and creative professionals in the EU Member States with regard to: artist status and entitlements, social security, self- employment, support ecosystems and alternative financing, artistic freedom, career development and measures countering the COVID crisis. The work and perspective of the OMC group will keep in mind the intrinsic value of culture and cultural diversity, as enshrined in the Treaties. 10 For example, the recommendation on page 38: "Ensure social protection for CCS professionals: Policy frameworks designed to foster innovation in the cultural and creative sectors should make special provisions to enable all the professionals of these sectors to be creative and innovative. This can be done by ensuring that those who work on a project or other unconventional basis have access to appropriate employment rights and labour rights. https://publications.europa.eu/en/publication-detail/-/publication/5d33c8a7-2e56-11e8-b5fe- 01aa75ed71a1/language-en/format-PDF/source-68820857 11 https://ec.europa.eu/culture/news/study-artists-working-conditions-published 9926/21 ATR/fco 6 ANNEX TREE.1.B LIMITE EN B. ACTIVITIES 1. As the core part of its work, and based on the above study, the OMC group will as key areas address and share good practice concerning access to finance, social security and cross-border mobility. In addition, it will also explore career paths, entrepreneurship, nature of income, and market conditions for cultural and creative sector entrepreneurs. Taking into account and respecting that there is a diversity among Member States in the way that societies and systems are organized, the group will examine the following topics: artists’ and cultural and creative professionals’ status and entitlements, regimes for access to cultural professions, social security coverage and contribution schemes, retirement provisions and pension entitlements, financial support and other benefits and incentives by the different levels of government, tax requirements/exemptions, education/skills development and professional retraining regimes, rules on work accidents and occupational illnesses, freedom of movement and service provision, general conditions etc. 9926/21 ATR/fco 7 ANNEX TREE.1.B LIMITE EN 2. In addition, the OMC group will look into and examine the following aspects of artists’ and cultural and creative professionals’ working conditions: artistic freedom; disadvantaged groups12; young people (in particular in relation to the “gig economy”13 and the future of work14 discussion, precarity due to project-oriented jobs and self-employment); female artists and cultural and creative professionals (linking up with the results of the OMC group on gender equality) and intersectionality, including differences between cultural and creative sectors; creative professions as hidden unemployment15 as well as the physical places and conditions where work of artists and CCS professionals takes place; night-time economy aspects of certain cultural and creative professions (performing arts and music in particular) as well as the gig-economy more widely related to cultural and creative sectors. 12 Disadvantaged groups including concerning the socio-economic background, migratory background, minority groups, disabilities and more. 13 The term “gig economy” is rooted in culture. A gig is defined by the Cambridge dictionary as “a single performance by a musician or group of musicians, especially playing modern or pop music, or by a comedian”. The term has evolved and the gig economy now refers to “a way of working that is based on people having temporary jobs or doing separate pieces of work, each paid separately, rather than working for an employer” (online Cambridge dictionary, https://dictionary.cambridge.org/dictionary/english/gig ). More information about the “gig economy”: https://www.pwclegal.be/en/FY20/gig-economy-june-2020.pdf 14 The future of work describes changes in how work will get done in the future, influenced by technological (including artificial intelligence), generational and social shifts. 15 In this context what is meant is that being active/self-employed in the cultural and creative field can also simply be due to the fact that other jobs are not available. This phenomenon can be observed in particular in countries hardest hit by the economic crisis. 9926/21 ATR/fco 8 ANNEX TREE.1.B LIMITE EN 3. The COVID-19 crisis and lessons learnt within the ecosystem will be part of the discussions, as well as those artists and cultural professionals who suffer due to social, digital and financial exclusion. Consequences of the COVID-19 lockdowns on those cultural and creative professionals who also have responsibilities as carers16 will also be looked at, as well as repercussions on the working conditions of female artists and creative professionals. 4. The OMC group will identify promising initiatives, examples of good practice and innovative actions. In order to maximise the learnings and exchanges, study visits should be incorporated into the OMC group’s methods as far as possible, as well as innovative methods (world café, design-thinking methods, etc.) for in-depth conversations on particular themes. The group may decide to involve external experts and will be in close contact with relevant CCS organisations, networks, labour unions and other relevant stakeholders, as well as the Voices of Culture group on artists’ working conditions. 16 Such responsibilities include the care of children, the elderly etc. 9926/21 ATR/fco 9 ANNEX TREE.1.B LIMITE EN C. OUTPUT Based on the findings resulting from the activities mentioned above, the OMC group will prepare a report providing at least the following chapters: – Introduction – Definitions and context – The status and working conditions of artists and cultural and creative professionals: state of play – Examples of good practice and innovative actions – Conclusions and policy recommendations 9926/21 ATR/fco 10 ANNEX TREE.1.B LIMITE EN  ANNEX TO THE ANNEX Work Plan for Culture 2019-2022 Priority C. An ecosystem supporting artists, cultural and creative professionals and European content Artistic freedom is closely linked to the social and economic conditions of cultural professionals and institutions. The cultural and creative sectors in Europe are characterised by self-employment, small- and micro-enterprises, and cultural and linguistic diversity. Artists and cultural and creative professionals tend to have project-based careers and a high degree of mobility, while they often have an irregular and unpredictable income and combine several jobs to earn a living. Innovation is particularly driven by individual artists, creators and small cultural institutions, whose value creation is mainly based on intangible assets, such as original ideas, know-how and creativity. In order to increase Europe's competitiveness and to stimulate innovation, Europe must build on its creative and cultural assets. The mobility of artists and cultural and creative professionals, the circulation and translation of European content, training and talent development, fair pay and working conditions, access to finance and cross-border cooperation are issues of specific interest for research and exchange at European level. 9926/21 ATR/fco 11 ANNEX TO THE ANNEX TREE.1.B LIMITE EN C. An ecosystem supporting artists, cultural and creative professionals and European content Topic: Status and working conditions of artists and cultural and creative professionals Working methods: Study followed by an OMC group Rationale: The study should explore career paths including entrepreneurship, nature of income, influence of the market, access to finance, social security and cross-border mobility. As a follow-up, an OMC group should analyse the results, exchange good practice in the Member States and develop policy recommendations. Target outputs: The aim is to improve knowledge of the working conditions of artists and cultural and creative professionals in Europe and to get policy advice on designing a favourable environment. 9926/21 ATR/fco 12 ANNEX TO THE ANNEX TREE.1.B LIMITE EN