Considerations on COM(2014)81 - EU position as regards the extension of the entitlement to co-productions as provided for in the Protocol on Cultural Cooperation with Korea

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dossier COM(2014)81 - EU position as regards the extension of the entitlement to co-productions as provided for in the Protocol on Cultural ...
document COM(2014)81 EN
date April 14, 2014
 
table>(1)The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (2) (‘the Agreement’) was signed on 6 October 2010. The Protocol on Cultural Cooperation (‘the Protocol’), which is annexed to the Agreement, sets up, in Article 1, the framework within which the Parties cooperate for the facilitation of exchanges regarding cultural activities, goods and services, including in the audiovisual sector.
(2)Pursuant to Article 15.10.5 thereof, the Agreement has been provisionally applied in part by Decision 2011/265/EU since 1 July 2011, subject to its conclusion at a later date.

(3)Pursuant to Article 3 of Decision 2011/265/EU, Article 5 of the Protocol concerning audiovisual co-productions has been provisionally applied, with the exception of paragraph 2 thereof.

(4)In accordance with Article 4(1) of Decision 2011/265/EU, the Commission is to provide notice in writing to Korea of the Union's intention not to extend the period of entitlement for audiovisual co-productions pursuant to Article 5 of the Protocol and in accordance with the procedure set out in Article 5(8) thereof unless, on a proposal from the Commission, the Council agrees four months before the end of such period of entitlement to extend that period. Furthermore, pursuant to Article 4(1) of Decision 2011/265/EU, if the Council agrees to extend the period of entitlement, the obligation to provide notice is to become applicable again at the end of the extended period of entitlement. For the specific purpose of deciding on the extension of the period of entitlement, the Council is to act by unanimity.

(5)On 25 September 2013, the Union Domestic Advisory Group set up in accordance with Article 3(5) of the Protocol delivered a favourable opinion on the extension of the period of entitlement, as provided for in Article 5(8)(a) of the Protocol.

(6)The Council agrees with the extension of the period of entitlement for audiovisual co-productions to benefit from the respective schemes of the Parties for the promotion of local and regional cultural content as provided for in paragraphs 4, 5, 6 and 7 of Article 5 of the Protocol.

(7)This Decision should not affect the respective competences of the Union and the Member States,