We have been passed a video link of The Conference of Presidents of the National Assembly of France held on the 18th February 2021.
Our Observations.
We've found it very interesting that the French Government via its culture minister is very receptive to the idea of a "Cultural Passport" and noted Tim's petition in recent exchanges in the French government sessions as you can see in the attached link. Not only does the Culture minister speaking for the French government note it's a great idea but also notes that the UK after a time could rejoin both Creative Europe (a highly beneficial funding body which the UK was part of until Brexit) the three quotes below have been verified by several translators including Roland Scales and Myriam Zahi and thanks to the French guitarist who sent the link to Ian Dom Duff. This is a reflection of the very fact that on both sides of the channel the UK and EU citizens, we are all better working together to find solutions. Brexit is over, it's now our task to minimise any negative effects and find solutions. If that means side deals or closer alignment so be it.
Ian Smith.
I believe this video and its translated transcript go to show that the French Government via it's Culture minister is willing to negotiate a "Cultural Passport", but wants our government to make the first move. If ever there was an agreeable solution to the touring crisis, then this "Cultural Passport" is it. I also believe it will be possible to achieve this as a single Pan-European device negating the need to negotiate 27 different agreements as suggested by our Culture Minister Caroline Dineage, and thus allowing us to get back to the business of touring our fabulous culture in a timely fashion, instead of the years of tedious negotiations that would be necessary if each of the 27 member states had to be dealt with individually.
Tim Brennan.
Ms Roselyne Bachelot, Minister of Culture
The Quotes:
"The idea of a cultural passport in the UK is great, should it flourish there. I will not deal with the internal politics of her Majesty's kingdom! The British must move forward in this matter and make us a proposal. It seems very interesting… There is still a long way to go with this matter. They also need to listen to their artists. The least that can be said is that, so far, that has not really been the case."
"The Erasmus + and Creative Europe programs provide for the association of third countries. If the United Kingdom, returning to a less romantic and more operational vision of Brexit, evolves in its position, it could join this program, subject to a financial contribution and certain conditions such as compliance with the AVMS Directive, which the United Kingdom applies moreover partially."
"I am convinced of the value of cultural exchanges and cooperation conducted in several countries. I'm confident. Once we emerge from the emotional maelstrom of Brexit – both on the side of those who wanted to stay in the Union and those who wanted to get out – we will resume the dialogue under the aegis of the Creative Europe agenda"
Video link to original session of the French Parliament: (in French).
COMMISSIONS / JEUDI 18 FÉVRIER 2021
Commission des affaires culturelles : Mme Roselyne Bachelot, ministre de la culture, sur les conséquences du Brexit
The translated transcript – courtesy of Roland Scales and Myriam Zahi:
The Commission hears Ms Roselyne Bachelot, Minister of Culture, on the consequences of Brexit.
Mr. President Bruno Studer. Madam Minister, my dear colleagues, I am happy to see you again for this new hearing, by videoconference.
The Conference of Presidents of the National Assembly called for the standing committees to organize hearings of ministers on Brexit. At the end of these hearings, a discussion will take place in public. We have already heard from the Minister of Higher Education and Research in this regard.
Culture is probably not the area most affected by Brexit. Nonetheless, the UK's exit from the Union may have consequences in some of the sectors under your control. Show tours have come to a standstill since last spring – not because of Brexit, but because of health restrictions. Once these constraints are lifted, will artists and production teams be able to move freely between the European Union and the United Kingdom? Are there consequences to be expected for the French art market – antique shops, auction houses? Is respect for copyright and related rights likely to suffer from Brexit? What arrangements do you take to ensure that the copyright is paid? Finally, how will Great Britain be understood with regard to the quotas for the production and distribution of European works applicable to television channels?
I'll turn the floor over to you first, and then we'll hear questions from group speakers.
Ms. Roselyne Bachelot, Minister of Culture. Thank you, Mr. Chairman. I am delighted to be by your side again, for the third time in two months. The National Assembly is working diligently on the consequences of Brexit in the various sectors of activity. It is therefore important that we engage in this exercise this morning. I am very attached to the European dimension of my portfolio. I have been a Member of the European Parliament and have been working closely with my European counterparts since taking office.
Europe has experienced many challenges and upheavals in recent months and even in recent years. In addition to the health crisis, which is putting our common institutions to the test, the departure of the United Kingdom certainly marks a major upheaval in the construction of Europe, a milestone in our common history. This ordeal shows how much we Europeans have been able to remain united despite our differences and our differences. I want to salute the work of the European Commission and its chief negotiator, Michel Barnier, who have been able to perfectly defend the interests of the Member States in the discussions with the United Kingdom, in harmony and with a constant concern for compromise.
With the trade and cooperation agreement of December 24, 2020, European cultural sovereignty is preserved, our European regulatory models are affirmed and players in the cultural sectors are protected. At the strong request of France, this agreement preserves the European cultural exception by excluding audiovisual services. Thanks to this success, the capacity of States and of the Union to regulate this sector is guaranteed. Europe will continue to preserve European cultural diversity against the digital giants.
With this agreement, the British no longer enjoy the advantages of the European Union's internal market and common solidarity. This is how, on the one hand, artists will no longer have the full freedom of movement they once knew and national law will apply. On the other hand, the participation of British nationals in the capital of certain companies in the cultural sector established in France will no longer be possible beyond a certain limit. What is more, professional graduates in the United Kingdom – whether they are dance teachers, heritage restorers or even guide-lecturers – will no longer have access to recognition of their diploma in France and in the European Union. This is also the reason why British nationals will no longer benefit from certain preferential rates for access to French cultural establishments, for example free admission for young people under 26 in national museums.
The agreement does not, however, mark the end of all relations between the European Union and the United Kingdom. The latter will thus be able to continue to benefit from certain European funding programs as an associated third country. This will be the case, for example, of the Horizon Europe program. If the UK requests it, this could also be the case with the Creative Europe program. Certain rules may also continue to apply, in particular with regard to social security or the regime concerning European posted workers as France has chosen. This is important to facilitate the mobility of artists and avoid the additional costs and administrative difficulties associated with a change of regime. Thus, on both sides of the Channel, measures are planned to facilitate the arrival of artists for professional purposes.
Of course, the United Kingdom's exit from the European Union marks a turning point in the history of European construction. However, it does not mean that we will not continue to work together with our neighbours across the Channel with whom we share so much. It is a new relationship that we must build now, with respect for each other's sovereignty and cultures.
The exit of the United Kingdom does not mean the end of the history of the European Union either. More than ever, the Union continues to be built. This is all the more true in the field of culture: the Europe of culture is taking shape more and more every day. As part of the post-covid recovery plan, we have succeeded in obtaining an exceptional budget to support our artists and cultural professionals. In France, this translates into an envelope of 2 billion euros. At the same time, we have managed to preserve an ambitious European budget for culture. The Creative Europe program, whose budget has been increased, will continue to finance projects in the fields of performing arts, heritage, cinema, audiovisual and multilingualism all over Europe. Other funding programs, such as Horizon Europe or Erasmus +, may benefit cultural actors and young people. We will pay particular attention to it.
The Commission also announced a media action plan, which aims to relaunch and accelerate the transformation of European media hit by the crisis and the changes associated with the digital revolution. We move forward, and finally, towards greater regulation of digital platforms thanks to the text relating to digital services and markets currently being negotiated, so that the Internet is no longer a place of lawlessness. It is also about enabling our book, film and audiovisual players to take full advantage of the opportunities offered by these new markets.
Through the motto "power, relaunch, belonging", the French presidency of the European Union will be the opportunity to renew its commitments for a stronger, more ambitious Europe of culture, at the service of cultural and linguistic diversity, but also more responsible and egalitarian. We will certainly have the opportunity to speak again, before your committee, about the cultural issues of the French presidency.
There you have it, ladies and gentlemen, the future of culture that looms before us: a future far from withdrawing into oneself, resolutely European and rich in new collaborations.
Mr. Raphaël Gérard. In a context of fragility and slowing down of cultural exchanges due to the global pandemic, Brexit has raised new concerns among cultural players, in particular with regard to its impact on the sector's ability to rebound in the months and years to come.
The European stimulus plan helps mitigate the budgetary impact of the UK's exit from the Creative Europe program. The increase in taxes linked to the re-establishment of customs barriers as well as the absence of an artistic visa agreement, for example, could weaken cultural cooperation between France and the United Kingdom, by limiting the movement of artists and works. At the same time, the European alliance of cultural and creative industries and the Colbert committee in France believe that the end of the reimbursement of local VAT for international tourists could lead to a significant drop in the latter's spending there, and thus slow down the growth of the luxury sector in the archipelago. This prospect is likely to limit the investments and the export capacity of the big houses on which many artisans in our country are dependent. As a reminder, luxury and fashion represent nearly 600,000 direct jobs in France and nearly one million indirect jobs. They are also the structuring axes of its cultural diplomacy and its international influence.
Can you shed some light on the ongoing discussions with the British authorities to resolve the administrative difficulties resulting from Brexit? Are support measures being studied for the competitiveness of crafts as part of the strategy to accelerate cultural and creative industries to alleviate these effects, as well as those resulting from the health crisis?
Mrs. Constance Le Grip. On behalf of the Les Républicains group, I would like to reiterate the concern and regret we feel following the entry into force of Brexit, which is undoubtedly a failure, including for our countries even though we know that its consequences will be felt more heavily in the UK.
In this context of a pandemic crisis, which is undermining cultural activities and proving to be very trying for the players in this sector, the slowdown in cultural exchanges between the countries of the European Union and the United Kingdom is a damaging prospect. I belong to a generation marked by the explosion of British musical talent, which continued with the following ones. Even though we know that the cultural relations between two sides of the Channel will not come to a complete stop, it is a safe bet that brakes and constraints will be felt in terms of artist mobility.
The European AVMS directive, relating to audiovisual media services, and that relating to copyright and related rights will no longer apply to the United Kingdom, even if the agreement negotiated with the United Kingdom by Michel Barnier on behalf of Member States make provisions for the protection of copyright and intellectual property. Can you go into more detail on what has been saved in this area?
Finally, the UK's exit from the Creative Europe program will have deplorable consequences, especially for British artists and creators. Indeed, many British creations were financed by this program, which could remain – like other European programs – accessible to the United Kingdom as a third country. Do you know if this country intends to formulate, in the more or less near future, a request to participate in the Creative Europe program?
Mrs. Sophie Mette. On December 31, 2020, the UK officially left the European Union. The economic consequences, on both sides, are widely discussed. Regarding the impact on cultural economies and, more generally, on art, I will evoke the field of music, concerts and festivals, because the transport of material on both sides of the Channel will be more difficult and more expensive for artists and technicians alike. The price of tickets will also go up automatically. A British petition calls on the Johnson government to create a cultural passport for musicians. This petition has collected hundreds of thousands of signatures as of mid-January. The arguments are strong, as the UK live music scene is one of the largest in the world. Will France be willing to allow the creation of such a passport?
Furthermore, with the clarifying Brexit crisis, isn't it time to bring out a strong European cultural ambition? This has been seen in other areas. Within our political group, as well as among our counterparts in the European Parliament – I am thinking in particular of Laurence Farreng – we believe it is essential for our future to see the emergence of a Europe of culture. The AVMS Directive already provides for the presence of a minimum of 30% of European works in the catalog of platforms and, above all, the possibility for Member States to require that those they broadcast invest in local productions. Will we go further? We are the continent that invented cinema. We have a heritage of studios and unique natural sets, the most prestigious film festivals. We also have large film schools and recognized professionals. There is no shortage of areas of work, with the establishment of a massive production program capable of boosting the catalog of European works and re-irrigating theaters, investing in artistic and technical skills, especially digital ones, at scale of the continent, or even social harmonization. What do you think?
Mr. Pierre-Yves Bournazel. We are going through difficult times and the world of culture is not spared. I salute your resolute action in support of this world, as well as artists, intermittents and all those who bring the world of culture to life. I welcome your recent announcement to organize experimental concerts in Paris and Marseille in the coming weeks, subject to the evolution of the health situation.
Brexit is a matter of concern. The departure of the United Kingdom has already had effects in the cultural field across the Channel. Orchestras have left, projects have been abandoned, collaborations were cancelled. While culture is the free flow of ideas, women and men, Brexit will undoubtedly limit cultural exchange. Administrative procedures are cumbersome and more expensive. It is necessary to obtain work visas. What bilateral collaboration could we have with the United Kingdom? What prospects do you see? Have our artists shared with you new and imaginative ideas to strengthen this bilateral collaboration?
Mr. Michel Larive. Our neighbours across the Channel have chosen to leave the European Union almost half a century after joining it. Work visas will be compulsory for British people who wish to work in France, and vice versa. There is no intermittency in the UK. In France, 12% of employees in the cultural sector benefited from partial activity between March and August. It's not much. Many employers have not used it, so as not to pay the remainder. The white year only concerns the allowance and does not replace the fees. According to estimates, the incomes of intermittent workers are halved. How will intermittents be able to work the effective 507 hours in twelve months that they need to access their rights? We believe it is essential to extend the White Year at least until one year after the reopening of cultural venues. We still don't know your decision on this. Do you intend to support the artists in the ordeal they are going through?
The health crisis will have consequences on the cultural sector for several years, in France as in the United Kingdom. Several organizers have already announced the cancellation of important festivals. This is the case with Glastonbury in the United Kingdom, as with Solidays and Midnight before Night in France. Last week you said that the assumption of a summer without a festival was ruled out. Yet you seem to want to condemn certain festivals that you think would be problematic, in this case those where the public is standing. However, they are very numerous. You know to what extent the places of cultural diffusion have been exemplary in the respect of health protocols. None of them has been a known source of contamination. When are you finally going to deconfining culture?
Mrs. Roselyne Bachelot, Minister. I will begin by recalling the differences between the British system and the French system when it comes to cultural policies. In the UK, the cultural issue has hardly ever been brought up in Brexit debates. Because if there is one sector particularly marked by the consequences of this decision, it is the British cultural sector, which is very important for the economy of this country and enjoyed a considerable dissemination factor in Europe. The fact that the industry failed to communicate during the Brexit campaign – which lasted for a few years – is very damaging. Cultural issues have never surfaced in the debate within the large industrial basins in escheat which won the vote.
In addition, the British cultural sector is experiencing a real tragedy with the pandemic crisis. It is estimated that nearly half of British musicians will have left the profession after the crisis. To stay afloat, the Royal Opera House sells its heritage, in particular the famous painting by David Hockney. Fortunately, this is not the case in the great French lyric institutions, thanks to our efficient system of protection of our artists. The French cultural sector is so important that it mobilizes 750,000 people. We are fighting for this French cultural exception. This should lead those who dream of a Frexit and certain contemptors of the European Union to reflect on the consequences that separatist temptations would have for the French cultural model. At least that's a lesson we need to learn from this whole thing.
With regard to copyright, the agreement between the European Union and the United Kingdom maintains a number of intellectual property rights gains. The structure of Directive 2004/48 on respect for intellectual property rights and dealing with counterfeiting is precisely reflected in this agreement, testifying to the shared desire to protect authors and their works. The agreement also makes it possible to maintain the advances obtained in the 2019 directive on copyright and neighbouring rights, such as the neighbouring right of press publishers or article 17 dedicated to the use of protected content in platforms content sharing.
Unfortunately, some gains could not be taken up. Thus, the producers of European videograms no longer benefit, in the United Kingdom, from the rights therefore they benefited under European Union law – reproduction rights, rental and lending rights, distribution rights and release rights available to the public on request. Software and databases in the UK also no longer benefit from the protections offered by EU law.
On the other hand, the agreement innovates compared to traditional trade agreements by recognizing the common principle of a resale right in the event of the resale of cultural goods. It is important that the London and Parisian art market places be framed with the same objectives.
I regret that we were not able to come up with a more ambitious agreement. However, the game is not over and I have confidence in our ability to move forward in the framework of cooperation and shared dialogue with the United Kingdom. In this regard, and to respond to Constance Le Grip, it seems to me that the exit from the European Union is too recent for the United Kingdom to plan to deepen the negotiations, especially since the pandemic crisis has not do not invite. We can move forward when the time comes, especially when Brexiters realize the disastrous effects of the decisions that have been taken for parts of their economy, especially cultural ones.
(In answer to Mme Mette) The idea of a cultural passport in the UK is great, should it flourish there. I will not deal with the internal politics of her Majesty's kingdom! The British must move forward in this matter and make us a proposal. It seems very interesting… There is still a long way to go with this matter. They also need to listen to their artists. The least that can be said is that, so far, that has not really been the case.
The original French Transcript:
Notes to editor
Carry on Touring is a public facing campaign to push forward Tim Brennan's petition – organised by Gill Morris, Devo Agency with the support of Tim Brennan, petition creator and Ian Smith, Frusion Management & UKE Arts Work.
For media queries please contact:
Gill Morris, Devo Agency
Tim Brennan
Carry On Touring