On GATS (General Agreement on Trade in Services)

Comment to the Directorate General for Trade of the European Commission





Copenhagen, 29th of January 2003


Comments on the GATS process and the consultation document “WTO Members’ Requests to the EC and its Member States for Improved Market Access for Services”

For various reasons the European Council of Artists (ECA) representing artists’ umbrella organisations in 23 European countries (incl. candidate countries) objects to the inclusion of services related to art and culture into the GATS negotiation process.

Trade and financial institutions such as the World Trade Organisation (WTO) and the International Monetary Fund (IMF) evaluate the support of cultural producers according to commercial criteria: Are these measures a distortion of free trade principles? Are they contrary to structural adjustment policies? They intend to limit the ability of nations to support their own artists, cultural producers and institutions, which would definitely lead to severe losses of cultural diversity.

ECA as a member of the International Network for Cultural Diversity (INCD) therefore proposes an international instrument, a convention for cultural diversity that should be signed by the national governments. This convention should provide a legal foundation for trade rules that meet the specific demands of cultural goods and services, it has already been drafted by the INCD.

We notice a growing awareness of the urgency of the matter among culture ministers all over the world. A working group of their INCP (International Network on Cultural Policy) with its 48 member countries on the occasion of its South African meeting in the autumn of 2002 produced a document that nearly comes to the same results and also proposes a convention hosted by UNESCO to safeguard the rich variety of cultural expression.

In the light of these developments and with the conviction that the GATS liberalisation steps currently in discussion would irreversibly damage the cultural sectors ECA demands that the European Commission denies any concessions in the fields of art and culture under the GATS.

Many of our member organisations have already addressed their governments not to approve the respective WTO members’ requests listed in the 51 pages catalogue presented by the Commission in the Civil Society Dialogue. They have also pleaded with their governments not to provide the WTO with deregulation requests of their own concerning art and culture. There is a lot at stake. Art and culture must not be reduced to goods and services. Art and culture must be defined beyond the scope of competition rules.

ECA has noticed with satisfaction that no commitments concerning the area of Audiovisual Services have been undertaken until now by the European Commission. We find it of utmost importance that this position is maintained during the continued negotiation process – and that the existing MFN exemptions are defended.

At the same time it is also necessary to be aware of that other areas, such as E-trade, telecommunication and distribution, might have severe influence on arts and culture.

Yours sincerely



Kjeld Løfting
Secretary General