Activities of Domènec RUIZ DEVESA related to 2020/2261(INI)
Plenary speeches (1)
The situation of artists and the cultural recovery in the EU (debate)
Amendments (55)
Amendment 3 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— whereas in its Resolution of June 7th 2007 on the social status of artists, Parliament already explicitly called on Member States to develop or implement a legal and institutional framework for creative artistic activity through the adoption or application of a number of coherent and comprehensive measures in respect of contracts, social security, sickness insurance, direct and indirect taxation and compliance with European rules;
Amendment 4 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— having regard the study of March 2021 carried out by the European Parliament Policy Department for Structural and Cohesion Policies entitled “The Situation of Artist and Cultural Workers and the post-COVID-19 Cultural Recovery in the European Union”, PE 652.250;
Amendment 5 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
— having regard the briefing of May 2021 carried out by the European Parliament Policy Department for Structural and Cohesion Policies entitled “The Situation of Artists and Cultural Workers and the post-COVID-19 Cultural Recovery in the European Union : Policy Recommendations”, PE 652.252;
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas in its resolution of September 2020 on the cultural recovery of Europe, Parliament underlined again the need to improve the working conditions of cultural and creative workers and urged the Commission to establish a European framework for working conditions in the cultural and creative sectors and industries (CCSI);
Amendment 16 #
Motion for a resolution
Recital B
Recital B
B. whereas the CCSI mainly comprise of micro, small and medium-sized organisations and enterprises (SMEs), and self-employed and freelance professionals and entrepreneurs, who often draw on irregular and mixed incomes from different sources;
Amendment 19 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas self-employment is higher (33%) in the cultural and creative sector sector than in employment for the total economy (14%) and cultural and artistic workers are more likely to work part-time which leads to challenges in accessing support measures, safety nets and reduces their overall resilience;
Amendment 21 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
B b. whereas in some Member States certain cultural and creative professionals do not enjoy any legal status at all;
Amendment 22 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
B c. whereas the overall situation in the artistic and cultural work is characterized by intermittence, heterogeneity and instability and it is often not fairly paid or sufficiently protected;
Amendment 24 #
Motion for a resolution
Recital C
Recital C
C. whereas the containment measures taken by the Member States affected the CCSI more than any other sector; whereas the CCSI experienced losses in turnover of over 30 % for 2020 – a cumulative loss of EUR 199 billion – with the music and performing arts sectors experiin response to the COVID-19 pandemic across the Union have severely undermined the fragile cultural and creative ecosystem, thus endangering the cultural and artistic creation and expression and weakencing losses of 75 % and 90 % respectively8 ; _________________ 8Ernst & Young, Rebuilding Europe: The cultural and creative economy before and after the COVID-19 crisis, January 2021.the invaluable contribution of arts and culture on our wellbeing, cultural diversity, social cohesion, democracy and more;
Amendment 26 #
Motion for a resolution
Recital D
Recital D
D. whereas culture is an ecosystem that not only generates high economic value (representing 4.4 % of EU GDP in terms of total turnover and employing around 7.6 million people), but also has a substantial social impact, contributing to democratic, sustainable, free and inclusive societies and reflecting and strengthening our European diversity, values, history, freedoms and way of lifeonly through a strong European framework for working conditions in the CCSI can we uphold the rights and values enshrined in Article 17 TFEU and Articles 11, 13, 15, 22, 23, 27, 28, 31 and 34 od the Charter of Fundamental Rights of the European Union;
Amendment 31 #
Motion for a resolution
Recital E
Recital E
E. whereas the development of the European framework for working conditions in the CCSI will require coordination with EU policies on employment, competition, the internal market, social policy, fundamental rights and equality, and copyright, and funding for culture, as well as permanent monitoring of the progress of Member States on improving working conditions in the CCSI and sharing best practices among them;
Amendment 37 #
Motion for a resolution
Recital F
Recital F
F. whereas since Parliament’s call for improvements to the situation of artists in its resolution of June 2007, no progress has been made and, moreover, the situation has deteriorated and thus most of its demands remain validhave become urgent;
Amendment 49 #
Motion for a resolution
Recital H
Recital H
H. whereas the ongoing impact of the pandemic has made it impossible for cultural and creative workers to carry out their jobs and generated uncertainty over future prospects that couldare already causeing professionals to leave the sector, which will have a long-lasting effect on the composition and diversity of the European CCSI as a whole and discourage young people and professionals from vulnerable backgrounds from working in these industriesectors;
Amendment 51 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the gendered impact of the COVID-19 pandemic in the workforce has exacerbated the already existing obstacles in terms of access, equal payment, representation and visibility in the CCSI of women, LGBTIQ+, young people, ethnic and geographic minorities, people with vulnerable socio-economic background, and people with disabilities;
Amendment 52 #
Motion for a resolution
Recital I
Recital I
I. whereas themany Member States enacted substantial emergency measures to help the CCSI to survive the crisis; whereas, however, this support was not available to somevaried greatly among Member States and was not always suitable for all CCSIs, whereas the support was not available to several categories of cultural workers and artists on account of their particular working status and as such was not sufficient to ensure sustainable working conditions and it increased the gaps between the situation of artists and cultural professionals; whereas collective management organisations have proven a crucial role providing first emergency funds and solidarity schemes from the very start of the pandemic;
Amendment 58 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas cross-border mobility remains an essential component of artists and cultural workers' careers, however, most of the current funding instruments supporting mobility do not sufficiently stimulate environmentally and socially sustainable mobility and hinder work-life balance of artists and cultural professionals;
Amendment 64 #
Motion for a resolution
Recital K
Recital K
K. whereas several Member States have specific legislation in place providing a special status for artists to guarantee them access to social benefits; whereas, however, this legislation varies considerably between the Member States, which can hinder the mutual recognition of the status of artists and cross-border collaboration and mobility thereby creating barriers to cultural and artistic creation, expression and free movement;
Amendment 66 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas funding support for CCSI varies greatly between Member States, in terms of budgets' size, guiding priorities and values, which contributes to further divergence on the sustainability of careers of cultural workers accros countries and hinders inclusivity, sustainability and balance of cross-border collaboration and mobility;
Amendment 70 #
Motion for a resolution
Recital L
Recital L
L. whereas artists tend to have atypical work patterns and often lack proper social security protection, notably in cross-border contexts, which often leads to their exclusionand cultural workers tend to engage in atypical work patterns due to the nature of the sector itself and are often subjected to insecure working arrangements impeding their access to full social security protection and excluding them from pension and unemployment payments;
Amendment 71 #
Motion for a resolution
Recital L
Recital L
L. whereas artists and cultural and creative workers tend to have atypical work patterns and often lack proper social security protection, notably in cross-border contexts, which often leads to their exclusion from pension, social health protection and unemployment payments;
Amendment 76 #
Motion for a resolution
Recital M
Recital M
M. whereas artists’ remuneration is often unstable and uncertain, it comes from different sources such as contracts, royalties, grants and subsidies, which renders their income highly unpredictable, leaves them in precarious situations and weakens their resilience;
Amendment 78 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas artists and cultural professionals from minority groups (women, young people, representatives of ethnic and geographic minorities, people with vulnerable socio-economic background, people with disabilities, representatives of LGBTIQ+) have lesser access to artistic and cultural careers, fewer possibilities to develop long-term careers in the sector and are hit the hardest by the consequences of the pandemic;
Amendment 81 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. Whereas the practice of imposing buy-out clauses by dominant or large streaming platforms depriving authors of their royalties, exacerbates the risk in ensuring adequate and proportionate remuneration for creators.
Amendment 82 #
Motion for a resolution
Recital N
Recital N
N. whereas the lack ofobstacles to collective bargaining for self-employed artists further serves to undermine their position on the labour market and leads to a lack of adequate social protections and a long- term negative effect on their position and security; whereas collective management of authors rights is an important element for the remuneration of creators ensuring their continuous remuneration and they should protect creators from unfair practices of large and dominant media and streaming platform companies;
Amendment 86 #
Motion for a resolution
Recital O
Recital O
O. whereas cross-border mobility is an essential part of an artist’s work but is often hampered by bureaucratic procedures, a lack of clear information and myriad administrative rules and requirements across the Member States, notably as regards to social protection and taxation, whereas these barriers to cross- border cultural mobility undermine the principle of free movement and jeopardise the proper functioning of Schengen;
Amendment 89 #
Motion for a resolution
Recital P
Recital P
P. whereas public grants are considered the most vital and effective form of financial support for the CCSI, but are often insufficient, difficult to access for those who need them most or inaccessible to some categories of artists and cultural workers due to the nature of the criteria in accessing it;
Amendment 97 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas the COVID-19 pandemic has highlighted artists’ dependence on public and private short-term financial support and mid-term project based support and this has displayed the overall structural difficulties in the sector;
Amendment 100 #
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Q a. Whereas, in light of the consequences of the pandemic, a whole generation of young artists and cultural workers will struggle to find cultural employment or enrol in higher art education as a result of the narrowing of opportunities;
Amendment 104 #
Motion for a resolution
Recital R
Recital R
R. whereas access to finance remains the maina challenge for individual artists and micro- organisations, who are often ineligible for loans and bank guarantees and are highly dependentthus increasing the importance of access and availability onf public and private grants and subsidies available to all;
Amendment 105 #
Motion for a resolution
Recital S
Recital S
S. whereas many of the private investors and public funders have scaled back their financial support for cultural projects during the crisis, especially those with cross- border dimension during the crisis which has once again demonstrated the importance of wide public sector support and the need for public investment in the sector in order to diminish gaps and disparities, as well as the importance of increasing direct European support to counterbalance this fall in funding;
Amendment 108 #
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas the sector is still facing gender gaps and disparities as women are under-represented in key creative roles and face additional challenges such as lack of access, gender pay gap, obstacles to representation and visibility; whereas these challenges also affect certain ethnic groups ad people with vulnerable socio- economic background and people with disabilities, whereas these groups are hit the hardest by the consequences of the pandemic; whereas women, ethnic minorities and LGBTIQ+ artists are more often targets of attacks and are more vulnerable to restrictions;
Amendment 122 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Urges the Commission and the Member States to recognise the fundamental role of culture for society, the well-being of EU citizensintrinsic value of culture, as well as the fundamental role of culture for society, its progress and development, our well-being and the economy, and to translate this recognition into continuous financial and structural support;
Amendment 131 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to urgently publish guidelines to facilitate the safe re-opening of cultural venues and organisation of cultural activities;
Amendment 136 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States and the Commission to recognise the European added value of cross-border cooperation and to eliminate barriers to sustainable, balanced and inclusive cross-border mobility in the EU;
Amendment 139 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to enhance and strengthen its commitment and activities to build opportunities for artists and cultural workers, provide workers in the CCSI with clear information and guidelines on mobility opportunities and revise administrative requirements in all Member States, including on visas, taxation, social security and access to training, with a view on simplifying and unifying access to all aforementioned;
Amendment 144 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the establishment of mobility information points to provide assistance to artists and support sustainable mobility; recommends that all Member States establish oneat least one, to offer free and tailored support to artists and cultural and creative workers;
Amendment 146 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the establishment of mobility information points to provide assistance to artists and recommends thatcalls on all Member States to establish one;
Amendment 153 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to transpose Directive (EU) 2019/790 on copyright in the digital single market with a strong focus on protection of cultural and creative works and those creating them, and, in particular, to guarantee fair and proportionate remuneration for authors and performers; calls on the Commission to closely monitor effective implementation of these key principles; Notes that the Directive (EU) 2019/790 has the potential to bring a fair balance between creators and content sharing platforms in the digital market by providing new liability rules on platforms, and the obligation for all intermediaries and contractual partners to ensure fair and proportionate remuneration;
Amendment 164 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the Commission to evaluate the impact of music streaming platforms in Europe, in order to ensure transparency on their recommendation algorithms, as they determine to a great extent what content their consumers listen to and see on the services’ playlists and user interfaces, and to consider the introduction of positive obligations to promote cultural diversity and discoverability of European works in their services;
Amendment 167 #
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 172 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s inception impact assessment and ongoingrecent public consultation on collective bargaining agreements, which is designed to deffor self-employed, which is examining the possibility of removineg the scompe of application of EU competition rules in order to remove obstactition law obstacle to collective bargaining for self-employed, urges in this regard that the Commission take the broadest possibles and improve working conditions throughpproach, in order to ensure access to collective bargaining on behalf offor all solo -self-employed workers in the CCSI;, including artists and cultural workers; encourages national governments and social partners to ensure their full representation in collective bargaining to improve their working conditions and ensure their fair and proportionate remuneration,
Amendment 181 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. UnderlinReiterates the urgent need to improve the working conditions in the CCSI; encourages the Member States to utilise upward convergence to and calls on the Commission to propose a European Status of the Artists establishing minimum standards for artists and cultural workers in relation to working conditions and social security, unemployment, social protection and pension schemes; Welcomes, in this regard, the forthcoming OMC discussions between the Member States on the status of artists as a first step in this direction;
Amendment 185 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Member States to fully include access to art education as part of a holistic approach for the CCSI recovery; notes the importance of providing access to lifelong learning and training through, among others, mentoring programmes, as well as the development of EU-wide training material for the transition from education to cultural and creative employment;
Amendment 186 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 192 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recommends that social protection systems allow artists and cultural and creative workers to access benefit schemes such as unemployment allowance and pensions;
Amendment 193 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the Commission to map existing definitions of artists and cultural workers across Member States in view to develop a common understanding to be reflected in EU policy-making and cultural statistics; notes that such definition should take into account the process-oriented nature of cultural work and recognise the labour intensity of the different stages of the creative process; considers that such definition should also aligned with the 1980 UNESCO Recommendation concerning the Status of the Artists;
Amendment 194 #
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
Amendment 202 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Member States to fulfil their obligation to defend and respect artistic freedom in order to uphold the fundamental right to freedom of expression and sanction those continuously oppressing it, and ensure that EU citizens can freely enjoy and consume artistic creations;
Amendment 213 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to reconsiderensure access to basiccomprehensive social protection for artists, regardless of their employment status, gender, ethnic background or social status;
Amendment 214 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
Amendment 224 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to increase their support to the CCSI through strengthening the public investment and encourageing and promoteing private investment in the CCSI;
Amendment 228 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the Member States to diversify the sources of support to CCSI and ensure no financial cuts and diminishing of existing funds will be implemented as the sector is still struggling with the aftermath of the last cuts;
Amendment 236 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its call on the Commission and the Member States to include culture in the national recovery and resilience plans and to earmark at least 2 % of the budget envelope of the Recovery and Resilience Facility to culture; Is concerned by indications that submitted Plans appear to earmark a lower %; Calls on the Commission to publish data on amounts and purpose of funds earmarked in the Plans to ensure transparency and facilitate democratic oversight;
Amendment 247 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to support the short-term recovery of the CCSI and to reinforce these sectors by providing fair and structured support to all CCSIs, as well as bolster the resilience and competitiveness of these industriesectors in the long term in order to tackle any major crises as effectively as possible in the future;
Amendment 253 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)