Activities of Domènec RUIZ DEVESA related to 2023/2051(INL)
Plenary speeches (1)
EU framework for the social and professional situation of artists and workers in the cultural and creative sectors (A9-0304/2023 - Antonius Manders, Domènec Ruiz Devesa) (vote)
Reports (1)
REPORT with recommendations to the Commission on an EU framework for the social and professional situation of artists and workers in the cultural and creative sectors
Amendments (94)
Amendment 55 #
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support; whereas 7.4 million people were in cultural employment across the Member States in 2021, amounting to 3.7% of total employment12a; _________________ 12a Eurostat
Amendment 55 #
Motion for a resolution
Recital A
Recital A
A. whereas cultural and creative expressions and works are often the result of the essential contributions of persons working in the cultural and creative sectors (‘CCS professionals’) in different functions, roles and capacities, ranging from creative input to technical support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support; whereas 7.4 million people were in cultural employment across the Member States in 2021, amounting to 3.7% of total employment12a; _________________ 12a Eurostat
Amendment 62 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artistic activities can be pursued as an amateur or as a professional, increasing competition in an already highly competitive environment; whereas the legal distinction between them is not always clearly established and can differ in national legislations and national practices;
Amendment 62 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas artistic activities can be pursued as an amateur or as a professional, increasing competition in an already highly competitive environment; whereas the legal distinction between them is not always clearly established and can differ in national legislations and national practices;
Amendment 78 #
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %) and CCS professionals are less likely to have a permanent job, to be employed, work full time or have one job than the average working person; whereas CCS professionals tend to have project-based careers and a high degree of mobility;
Amendment 78 #
Motion for a resolution
Recital C
Recital C
C. whereas more than double the number of CCS professionals is self- employed than in the general population (32 % compared to 14 %) and CCS professionals are less likely to have a permanent job, to be employed, work full time or have one job than the average working person; whereas CCS professionals tend to have project-based careers and a high degree of mobility;
Amendment 82 #
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted or accompanied by significant periods of non-remunerated time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection, and their access to relevant entitlementss social security contributions remain sporadic; whereas, as a consequence, their access to relevant entitlement, including working hours and overtime rates, as well as leave entitlements, in particular annual and sick leave and familial and care leaves, unemployment benefits and access to childcare, is often limited; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate; whereas this situation is aggravated by existing employment relations being misclassified as self-employment;
Amendment 82 #
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted or accompanied by significant periods of non-remunerated time spent on artistic research or rehearsing, severely limit the effective access of CCS professionals to social protection, and their access to relevant entitlementss social security contributions remain sporadic; whereas, as a consequence, their access to relevant entitlement, including working hours and overtime rates, as well as leave entitlements, in particular annual and sick leave and familial and care leaves, unemployment benefits and access to childcare, is often limited; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate; whereas this situation is aggravated by existing employment relations being misclassified as self-employment;
Amendment 88 #
Motion for a resolution
Recital E
Recital E
E. whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with ageprogression and career sustainability in the CCS are often dependent on socio-economic characteristics and conditioned by age, gender, race, disability and class; whereas mid-career CCS workers, disabled workers, workers from minorities ethnic groups and from working-class backgrounds may face worse job quality conditions; whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with age; whereas specifically workers of older age in the CCS may be forced into self-employment because of their age, putting them at higher risk of precariousness;
Amendment 88 #
Motion for a resolution
Recital E
Recital E
E. whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with ageprogression and career sustainability in the CCS are often dependent on socio-economic characteristics and conditioned by age, gender, race, disability and class; whereas mid-career CCS workers, disabled workers, workers from minorities ethnic groups and from working-class backgrounds may face worse job quality conditions; whereas career sustainability in the cultural and creative sectors is challenging and career prospects tend to worsen with age; whereas specifically workers of older age in the CCS may be forced into self-employment because of their age, putting them at higher risk of precariousness;
Amendment 90 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas CCS professionals have been hit hard by the COVID-19 pandemic, which has exposed their precarious living and working conditions; whereas the CCS have not fully recovered from losses incurred during the pandemic, with an enduring impact on the livelihoods of the persons working in the sectors; whereas the COVID-19 crisis underlined the fragility of pre-existing organisational structures and working practices, in particular for vulnerable professionals with precarious employment status;
Amendment 90 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas CCS professionals have been hit hard by the COVID-19 pandemic, which has exposed their precarious living and working conditions; whereas the CCS have not fully recovered from losses incurred during the pandemic, with an enduring impact on the livelihoods of the persons working in the sectors; whereas the COVID-19 crisis underlined the fragility of pre-existing organisational structures and working practices, in particular for vulnerable professionals with precarious employment status;
Amendment 94 #
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 94 #
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings as a result of the atypical and sometime precarious nature of their work; whereas artists may continue practicing beyond the official retirement age;
Amendment 102 #
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers due to intermittent work patterns, changing work places, the combination of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 102 #
Motion for a resolution
Recital G
Recital G
G. whereas the limited collective bargaining practices in the cultural and creative sectors15 in several Member States contribute to poor job quality, low income and limited access to social protection; whereas trade unions face challenges in organizing CCS workers due to intermittent work patterns, changing work places, the combination of professional activities and in view of the higher number of self-employed professionals in the sector; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 107 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas women are in a minority when it comes to holding managerial and leadership positions14a; whereas women on average earn less than their male counterparts15a and often have comparatively shorter careers, especially in the audiovisual sector, and insufficient work-life balance opportunities; _________________ 14a http://www.womarts.eu/upload/01-LI- WOMART-1-20-6.pdf , p. 34 and s. 15a https://ec.europa.eu/eurostat/databrowser/ view/EARN_GR_GPGR2__custom_63504 17/default/table?lang=en [PMMR1]PAG. 60 https://www.ilo.org/wcmsp5/groups/public /---ed_dialogue/--- sector/documents/publication/wcms_8653 23.pdf
Amendment 107 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas women are in a minority when it comes to holding managerial and leadership positions14a; whereas women on average earn less than their male counterparts15a and often have comparatively shorter careers, especially in the audiovisual sector, and insufficient work-life balance opportunities; _________________ 14a http://www.womarts.eu/upload/01-LI- WOMART-1-20-6.pdf , p. 34 and s. 15a https://ec.europa.eu/eurostat/databrowser/ view/EARN_GR_GPGR2__custom_63504 17/default/table?lang=en [PMMR1]PAG. 60 https://www.ilo.org/wcmsp5/groups/public /---ed_dialogue/--- sector/documents/publication/wcms_8653 23.pdf
Amendment 113 #
Motion for a resolution
Recital H
Recital H
H. whereas sexual harassment in the cultural and creative sectors is three times higher16 than in the average workforce; whereas women suffer disproportionally from harassment and abuse, also online; whereas this entails the risk of self- censorship, which negatively impacts the type of artistic expressions women produce, curtails their freedom of expression and their career progression; _________________ 16 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 113 #
Motion for a resolution
Recital H
Recital H
H. whereas sexual harassment in the cultural and creative sectors is three times higher16 than in the average workforce; whereas women suffer disproportionally from harassment and abuse, also online; whereas this entails the risk of self- censorship, which negatively impacts the type of artistic expressions women produce, curtails their freedom of expression and their career progression; _________________ 16 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 114 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas as a result of poor working conditions, young professionals may not consider accessing the sector or abandon their careers early on, increasing the risk of a lack of a generational replacement in the cultural and creative sectors;
Amendment 114 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas as a result of poor working conditions, young professionals may not consider accessing the sector or abandon their careers early on, increasing the risk of a lack of a generational replacement in the cultural and creative sectors;
Amendment 116 #
Motion for a resolution
Recital I
Recital I
I. whereas there is no specific legal status in a number of Member States for any categories of CCS professionals; whereas a number of Member States are in the process of updating their legal framework in order to protect the rights of CCS professionals by taking into account the specificities of the cultural and creative sectors; whereas several Member States have included in their recovery and resilience plans legislative reforms to improve the working conditions of artists and cultural workers;
Amendment 116 #
Motion for a resolution
Recital I
Recital I
I. whereas there is no specific legal status in a number of Member States for any categories of CCS professionals; whereas a number of Member States are in the process of updating their legal framework in order to protect the rights of CCS professionals by taking into account the specificities of the cultural and creative sectors; whereas several Member States have included in their recovery and resilience plans legislative reforms to improve the working conditions of artists and cultural workers;
Amendment 124 #
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas the high level of mobility can also be conducive to undeclared work[17a];
Amendment 124 #
Motion for a resolution
Recital J
Recital J
J. whereas mobility is an important element of professional artistic activity and career development and contributes to increasing income and reducing precariousness; whereas artists frequently move between Member States; whereas artistic mobility entails specific challenges, in particular in relation to social protection and taxation, which require specific measures; whereas the high level of mobility can also be conducive to undeclared work[17a];
Amendment 133 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas artistic productions frequently involve not only European but also third-country CCS professionals whose mobility can be restricted by difficulties in obtaining medium-term visas;
Amendment 133 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas artistic productions frequently involve not only European but also third-country CCS professionals whose mobility can be restricted by difficulties in obtaining medium-term visas;
Amendment 137 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the fast pace of digital transformation, accelerated during the COVID-19 pandemic, and the increasing use of artificial intelligence (AI) tools have resulted in the displacement of workers and job losses, a loss of control over their work, while at the same time contributing to the dynamism of the sectors and their transformation;
Amendment 137 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the fast pace of digital transformation, accelerated during the COVID-19 pandemic, and the increasing use of artificial intelligence (AI) tools have resulted in the displacement of workers and job losses, a loss of control over their work, while at the same time contributing to the dynamism of the sectors and their transformation;
Amendment 143 #
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Stuttgart Declaration reflects a united European vision, whereby leaders expressed their will to work together towards a common destiny and the wish to affirm European identity and to progress towards an ever closer union among its peoples; whereas the Declaration sees the role of culture as an important component to achieve this goal;
Amendment 143 #
Motion for a resolution
Recital J c (new)
Recital J c (new)
Jc. whereas the Stuttgart Declaration reflects a united European vision, whereby leaders expressed their will to work together towards a common destiny and the wish to affirm European identity and to progress towards an ever closer union among its peoples; whereas the Declaration sees the role of culture as an important component to achieve this goal;
Amendment 155 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration and their work contributes towards building the identity of the peoples of Europe, promoting European cultural diversity and universal dialogue; believes, therefore, that working towards the full recovery and strengthening of the sectors, as well as better terms and conditions for CCS professionals in the sector, is of paramount importance;
Amendment 155 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the arts, the broader cultural and creative sectors, entertainment and sports play a fundamental role in human flourishing and in Europe’s social cohesion and economy; underlines that CCS professionals are key to the process of European integration and their work contributes towards building the identity of the peoples of Europe, promoting European cultural diversity and universal dialogue; believes, therefore, that working towards the full recovery and strengthening of the sectors, as well as better terms and conditions for CCS professionals in the sector, is of paramount importance;
Amendment 160 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the responsibility of the Union, pursuant Article 167 TFEU, in contributing to the flowering of the cultures of the Member States and, pursuant Article 3 TEU, in safeguarding and enhancing Europe’s cultural heritage; considers that historically European cultural heritage has acted as a pole of attraction and influence worldwide, yet reclaiming this leading role requires significant investment in the cultural and creative sectors and policies strengthening them;
Amendment 160 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the responsibility of the Union, pursuant Article 167 TFEU, in contributing to the flowering of the cultures of the Member States and, pursuant Article 3 TEU, in safeguarding and enhancing Europe’s cultural heritage; considers that historically European cultural heritage has acted as a pole of attraction and influence worldwide, yet reclaiming this leading role requires significant investment in the cultural and creative sectors and policies strengthening them;
Amendment 167 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strive to implement the 1980 UNESCO Recommendation concerning the Status of the Artists, to which they are all signatories; notes that the subsequent implementation reports of the Recommendation show that more needs to be done to comply with the recommendation; considers that changes in the last four decades, in particular those due to digitalisation, require Member States to adapt their actions continuously in order to fulfil their obligations;
Amendment 167 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Member States to strive to implement the 1980 UNESCO Recommendation concerning the Status of the Artists, to which they are all signatories; notes that the subsequent implementation reports of the Recommendation show that more needs to be done to comply with the recommendation; considers that changes in the last four decades, in particular those due to digitalisation, require Member States to adapt their actions continuously in order to fulfil their obligations;
Amendment 176 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary, with the support of the Commission, with the aim of providing access to adequate social protection complying with minimum standards in line with the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01); calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary in the same light, ensuring the coverage of all CCS professionals, and in particular the self-employed, and adjusting it to the new challenges brought by digitalisation and the recent health crisis; praises those Member States that have in recent years carried out such a review and adaptation;
Amendment 176 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the Member States that have not yet introduced a specific status for artists and other CCS professionals to do so; calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary, with the support of the Commission, with the aim of providing access to adequate social protection complying with minimum standards in line with the Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (2019/C 387/01); calls on those Member States which have an ‘artist status’ in place to monitor its adequacy and review it where necessary in the same light, ensuring the coverage of all CCS professionals, and in particular the self-employed, and adjusting it to the new challenges brought by digitalisation and the recent health crisis; praises those Member States that have in recent years carried out such a review and adaptation;
Amendment 188 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals within the EU should have effective access to minimum standards of social security, including employment and health insurance and pension funds according to applicable law; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals;
Amendment 188 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is concerned about the sustainability of the livelihood of CCS professionals in a number of Member States; reaffirms its position that CCS professionals within the EU should have effective access to minimum standards of social security, including employment and health insurance and pension funds according to applicable law; believes that reinforced action at Union level is needed in that regard, in particular with regard to self-employed CCS professionals;
Amendment 194 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in view of atypical work patterns in cultural and creative careers and the ensuing challenges, common throughout the Union, in accessing social protection for CCS professionals and in view of the high cross- border mobility of CCS professionals, a targeted legal act at Union level is needed to promote access to comprehensive and adequate social protection systems for all CCS professionals; insists on the need for preserving, accumulating and/or transferring rights across schemes to allow CCS professionals, who frequently combine or change jobs or pass between worker and self-employed status, to effectively access benefits, including unemployment benefits, in contribution- based social protection schemes and to have adequate coverage, as well as to facilitate their participation in the case of voluntary social protection schemes; affirms that the right to an appropriate and proportionate remuneration derived from copyright and related rights must be compatible with social protection systems, in particular access to contributory pension, as creative careers are not limited by age;
Amendment 194 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in view of atypical work patterns in cultural and creative careers and the ensuing challenges, common throughout the Union, in accessing social protection for CCS professionals and in view of the high cross- border mobility of CCS professionals, a targeted legal act at Union level is needed to promote access to comprehensive and adequate social protection systems for all CCS professionals; insists on the need for preserving, accumulating and/or transferring rights across schemes to allow CCS professionals, who frequently combine or change jobs or pass between worker and self-employed status, to effectively access benefits, including unemployment benefits, in contribution- based social protection schemes and to have adequate coverage, as well as to facilitate their participation in the case of voluntary social protection schemes; affirms that the right to an appropriate and proportionate remuneration derived from copyright and related rights must be compatible with social protection systems, in particular access to contributory pension, as creative careers are not limited by age;
Amendment 214 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that ensuring smooth coordination and portability of rights across the social protection systems between Member States is important to ensure effective access to social protection for CCS professionals who show a high degree of labour mobility;
Amendment 214 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that ensuring smooth coordination and portability of rights across the social protection systems between Member States is important to ensure effective access to social protection for CCS professionals who show a high degree of labour mobility;
Amendment 225 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to set up new or strengthen existing mobility information points that help CCS professionals gather all relevant sectoral information concerning their working conditions, mobility, unemployment benefits, health insurance and pension rights;
Amendment 225 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages the Member States to set up new or strengthen existing mobility information points that help CCS professionals gather all relevant sectoral information concerning their working conditions, mobility, unemployment benefits, health insurance and pension rights;
Amendment 227 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that promoting information on social security coordination rules in Europe on cross- border mobility of artists at EU level through guidelines and information desks, is necessary and useful for CCS professionals; notes, however, that even with this support, navigating the different systems in place remains challenging, in particular for the self-employed;
Amendment 227 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Believes that promoting information on social security coordination rules in Europe on cross- border mobility of artists at EU level through guidelines and information desks, is necessary and useful for CCS professionals; notes, however, that even with this support, navigating the different systems in place remains challenging, in particular for the self-employed;
Amendment 229 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that automated information exchange through the electronic exchange of social security information (EESSI) aims to allow mobile professionals to work in Europe seamlessly; believes this tool bears great potential for CCS professionals; asks the Commission to ensure that EESSI is adapted to the specificities of work in the cultural and creative sectors; calls for testing the pilot project on a European Social Security Pass in the cultural and creative sectors, adapting and making it fit for the specificities of the sectors and the particular needs of the self-employed;
Amendment 229 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Notes that automated information exchange through the electronic exchange of social security information (EESSI) aims to allow mobile professionals to work in Europe seamlessly; believes this tool bears great potential for CCS professionals; asks the Commission to ensure that EESSI is adapted to the specificities of work in the cultural and creative sectors; calls for testing the pilot project on a European Social Security Pass in the cultural and creative sectors, adapting and making it fit for the specificities of the sectors and the particular needs of the self-employed;
Amendment 240 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure;
Amendment 240 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the practice of offering payment for cultural and creative work in the form of exposure;
Amendment 245 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated; calls for the meaningful transposition and enforcement of the Copyright Directive (2019/790/EU), aligned with its objectives; calls on the Commission to support the Member States in ensuring an appropriate and proportionate remuneration for artists and creators for the exploitation of their work, with appropriate mechanisms and through general and sector-specific dialogues, in line with EU legislation;
Amendment 245 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remunerated; calls for the meaningful transposition and enforcement of the Copyright Directive (2019/790/EU), aligned with its objectives; calls on the Commission to support the Member States in ensuring an appropriate and proportionate remuneration for artists and creators for the exploitation of their work, with appropriate mechanisms and through general and sector-specific dialogues, in line with EU legislation;
Amendment 262 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in uthe use of various forms of ‘buy-out’ contracts which can lead to an abusive and coercive practice circumventing EU rules and principles on fair remuneration and confair contractual relationships for CCS professionals; draws attention to issueming deep power imbalances between contracting parties is concerned by the increasing use of these contracts often placed under foreign jurisdictions in certain sectors; urges the Member States to ensure that the contractual arrangements in the cultural and creative sectors arelating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard in full compliance with Articles 18, 19 and 20 of the Copyright Directive, to enforce the rights of authors and performers in this regard; requests the Commission to assess and closely monitor the situation in that regard; requests the Commission to assess carefully the compatibility of ‘buy-out’ provisions, as well as provisions on choice of law and jurisdiction that often elude European rules, and the need to address these and any other harmful practices imposed on creators;
Amendment 262 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in uthe use of various forms of ‘buy-out’ contracts which can lead to an abusive and coercive practice circumventing EU rules and principles on fair remuneration and confair contractual relationships for CCS professionals; draws attention to issueming deep power imbalances between contracting parties is concerned by the increasing use of these contracts often placed under foreign jurisdictions in certain sectors; urges the Member States to ensure that the contractual arrangements in the cultural and creative sectors arelating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard in full compliance with Articles 18, 19 and 20 of the Copyright Directive, to enforce the rights of authors and performers in this regard; requests the Commission to assess and closely monitor the situation in that regard; requests the Commission to assess carefully the compatibility of ‘buy-out’ provisions, as well as provisions on choice of law and jurisdiction that often elude European rules, and the need to address these and any other harmful practices imposed on creators;
Amendment 292 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. While recognising the particular working time arrangements common in the sectors, believes that safety and health in the workplace as well as work-life balance must be respected;
Amendment 295 #
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Reiterates its call on the Member States to diversify the sources of support to the cultural and creative sectors, to refrain from financial cuts to existing funding and to increase their financial support to the sectors;
Amendment 296 #
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Believes that public funders in the cultural and creative sectors have a responsibility to promote fair practices and calls for the integration of fair principles in their funding strategies; insists that all professional institutional engagements of CCS professionals should be fairly remunerated and job substitution through bogus volunteering should be tackled; calls on public funders at EU, national and regional level to introduce terms and conditions on the use of public funding to ensure fair remuneration and working conditions of CCS professionals, and to advance gender equality;
Amendment 299 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that Union-funded projects in the cultural and creative sectors, such as Creative Europe, must comply with a set of fair work principles and practices for collaborations in the cultural and creative sectors; asks the Commission to ensure that the next cycle of Union programmes in the cultural and creative sectors complies with such principles, in line with the European Pillar of Social Rights, including via the introduction of social conditionality, covering among others, the obligation to remunerate CCS professionals fairly for their work, including time devoted to research, rehearsals, preparation and application retroactively;
Amendment 307 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that sustainable public funding is fundamental to ensuring a healthy cultural and creative ecosystem; calls on the Commission to propose including in the European Semester a continuous review of the indicators on public spending for culture; asks the Member States to set a minimum spending target of 2 % of government public expenditure in the cultural and creative sectors;
Amendment 316 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that CCS professionals have the freedom and right to form and join trade unions and professional organisations to represent them and to participate in the formulation of cultural and employment policies; calls on the Member States to foster an effective social dialogue and guarantee the effective application of the right to collective bargaining in the cultural and creative sectors; calls on the Commission to reinforce social dialogue at Union level, ensuring that all cultural and creative sectors are represented;
Amendment 321 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that Member States’ collective bargaining coverage rates in the cultural and creative sectors vary significantly; considers that strong collective bargaining decisively contributes to ensuring adequate minimum wage protection and good working conditions; calls on the Commission and the Member States to ensure, with the involvement of social partners, an enabling environment for collective bargaining in the cultural and creative sectors; therefore, encourages the Commission and the Member States, along with social partners, to work towards reaching collective bargaining coverage of at least 80% by 2030, which should be also reflected in the cultural and creative sectors, and to review regularly progress towards reaching this target;
Amendment 331 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication by the Commission of the ‘Guidelines on application of Union competition law to collective agreements regarding working conditions of solo self-employed persons’, including solo self-employed authors and performers, offering greater protection to creators and freelancers in the cultural and creative sectors; calls on national competition authorities to ensure the effective application of the Guidelines; calls on the Commission to monitor the application of the Guidelines by national competition authorities in order to ensure that they are applied consistently;
Amendment 335 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the social partners, to provide tailored information to CCS professionals, especially in case of cross- border mobility;
Amendment 336 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned by the increasingly limited space devoted to artistic education and sports in national curricula in primary and secondary education; notes with concern that financial barriers often hinder access to higher education in the arts for young people coming from a disadvantaged background; calls on Member States to ensure equitable access to artistic education, in particular higher education; asks the Commission to assess potential models to compensate artistic and cultural organisations offering free access for young persons under 18 years, including in this analysis the social return on investment of early exposure to culture;
Amendment 348 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is concerned by the lack of awareness of, and information provided to, students and young graduates entering the labour market on working practices and conditions, including an understanding of worker and self-employed status; invites the Commission to collect good practices on arts in education, training and skills development, and to coordinate better access to training modules, together with professional bodies and social partners;
Amendment 353 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Insists on the importance of investing in lifelong learning for CCS professionals; stresses the importance of mobility at EU level for exchanging ideas and practices, promoting intercultural collaboration and enhancing career development, including training opportunities, in the cultural and creative sectors; believes that redoubled efforts are needed to strengthen and widen opportunities for educational and professional exchange at European level making those more inclusive; highlights in this regard the importance of initiatives such as Culture Moves Europe and ArtIST; urges the Member States and the EU to better map the training needs of CCS professionals and to coordinate better their culture, education and employment policies so that these address more adequately the particular challenges of the cultural and creative sectors;
Amendment 360 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Is concerned by the lack of career transition support systems in place for artists and CCS professionals in need of retraining; when it is not possible to continue with their careers; believes this is of particular importance for professionals whose practice relies on their physical capacities, such as dancers, singers and musicians, and for professionals whose jobs are put at risk by the digital transition; calls on the Member States to invest in skills development programmes, technical and vocational education, technical and vocational training systems and lifelong learning schemes, allowing those interested to develop new skills either within or outside the cultural and creative sectors;
Amendment 368 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the social partners and employers to promote training and skills development; calls on the European Commission to support cooperation between skills councils where these exist and the exchange of best practices between Member States;
Amendment 376 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that the cultural and creative sectors show a very high dependence rate from clients and above average exposure to intimidation and discrimination; with 86 % of unions in the entertainment industry expressing concern about sexual harassment occurring at work or in work- related environments1a; notes that, within the entertainment sector, the live entertainment and film/television production sub-sectors are particularly affected1b; urges the Member States to investigate scrupulously the reported cases, to raise awareness and to establish guidelines on harassment prevention through education and training; _________________ 1a Policy Brief on sexual harassment in the entertainment industry, ILO, 2020 1b https://www.ilo.org/wcmsp5/groups/public /@ed_dialogue/@actrav/documents/public ation/wcms_761947.pdf
Amendment 385 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Member States to redouble their efforts to eradicate sexual harassment in the cultural and creative sectors and to ensure a safe and healthy work place; welcomes, in that regard, the Commission proposal for a directive on combating violence against women and domestic violence, and looks forward to its swift adoption; asks the Commission and the Member States to put in place incentive mechanisms and support structures for ensuring equitable careers, particularly for women, persons from disadvantaged backgrounds and belonging to minorities, including, when appropriate, through funding mechanisms;
Amendment 389 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Reiterates its call on the Member States and social partners to promote social dialogue on addressing the gender inequality by ensuring equal pay for work of equal value as well protecting work-life balance; encourages social partners to promote the inclusion of women and youth in their leadership and among the negotiators; calls on the Member States in this regard to swiftly transpose the Pay Transparency and Work- life balance Directives;
Amendment 394 #
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Calls on the Member States to establish and fund independent structures where artists and CCS professionals can confidentially report unfair practices, such as abuse of power, harassment, bullying, and discrimination, obtain guidance and legal counselling;
Amendment 399 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Insists on the need to ensure freedom of artistic creation and expression throughout Europe; reiterates its call on the Commission to expand, as part of the rule of law reports, the chapter on monitoring media freedom and pluralism to cover all aspects of freedom of expression, including artistic and academic freedoms; calls on the Commission, as part of its review of the EU Democracy Action Plan implementation, to focus further, through appropriate initiatives, on promoting and defending the freedom of artists to create without censorship or intimidation;
Amendment 401 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Notes that artistic freedom is closely linked to the social and economic conditions of cultural professionals and institutions; recalls the duty of Member States and the Union to protect, defend and assist CCS professionals in upholding their freedom of creation and expression; calls on the Member States to develop guidelines for protecting the artistic freedom as an EU value;
Amendment 406 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned by the effects of increasing automation resulting from the use of machine learning, robotics and other data-based technologies such as assisted content production, artificial voiceover, speech-to-text translation, as well as automated metadata extraction and the spread of powerful generative AI systems to generate content, which pose a particular challenge to artists and other CCS professionals at risk of losing their jobs or, their remuneration rights, control over their work, or of suffering from deteriorating working conditions; calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs; highlights that automation may also contribute to job creation in the cultural and creative sectors, especially when implemented in human-centric way; therefore calls on the Commission to develop a proactive strategic approach at Union level to anticipate the effects on jobs, working methods, workers’ conditions, upskilling, reskilling and workforce needs resulting from the use of these new technologies; calls on the Commission and the Member States to develop, as part of this strategic approach, adapted training, hiring and education action plans, including AI literacy, for the cultural and creative sectors;
Amendment 413 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Calls more specifically for social dialogue and consultations with the cultural and creative sectors to ensure cultural diversity, non-discrimination and fairness in AI systems, and best use of digital technologies at large to support decent working conditions of CCS professionals, the enjoyment of their rights and in particular the right to fair, appropriate and proportionate remuneration;
Amendment 418 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its call on the Commission to assess the challenges posed by AI-generated content on the cultural and creative sectors, as well as the impact of the research and development of AI and related technologies on the cultural and creative sectors; in particular with regard to authorship and fair remuneration of authors and performers; calls on the Commission to evaluate the extent to which the European General Data Protection Regulation can provide fast and effective safeguards against the unauthorized scraping of personal data by AI systems and whether existing text and data mining exceptions are adequately balanced to meet the three-step test also in the context of generative AI;
Amendment 433 #
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the importance of Union-wide contests and initiatives showcasing the richness and diversity of European culture and contributing to a European sense of belonging and emotional identity; calls on the Commission to review and further strengthen contests or initiatives organised exclusively within the Union, as well as promote and facilitate new contests and initiatives, such as a yearly EU online video game award at the Parliament, an EU Top Star league for professional football and other sports and a singing contest between Member States to promote EU culture;
Amendment 436 #
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Calls on the Commission to develop a European sports model with a strong commitment to the principles of solidarity, sustainability, inclusiveness for all, open competition, and fairness, with a clear distinction being made between professional and amateur sports; calls for increased solidarity and financial redistribution, through the implementation of a solidarity mechanism based on a fair and binding distribution method that ensures the adequate funding of amateur and grassroots sport; calls on the Commission to publish a white paper on the status of European professional sport, in particular European football;
Amendment 437 #
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Reiterates the need to ensure the sustainable financial stability and sound management of sports clubs and calls on sporting bodies to introduce mechanisms to this end, where they do not already exist, alongside a proper enforcement system
Amendment 438 #
Motion for a resolution
Paragraph 28 c (new)
Paragraph 28 c (new)
28c. Recalls the need for the Commission to develop recommendations for guidelines for the organisation of sport and its governing bodies in the EU; calls on the EU institutions to promote and protect the fundamental rights of athletes, including athlete representation in decision-making, freedom of association, collective bargaining and non-discrimination; build on its existing work on social dialogue and to extend its scope to all professional sports;
Amendment 441 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Requests that the Commission submit, on the basis of Article 153(2), point (a), and Article 352 of the Treaty on the Functioning of the European Union, one or more proposals for a decision establishing a comprehensive Union framework for collecting and publishing appropriate data and for encouraging cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments as regards the status, living and working conditions, including fair remuneration, access to social security and social protection, representation and collective defence in areas relevant to the living and working conditions of artists and other CCS professionals, covering both workers and the self-employed, with the full participation of the social partners, following the recommendations set out in the Annex hereto; calls on the Commission and the Member States to ensure that this framework contributes to the elimination of all forms of discrimination and of gender-based violence in the cultural and creative sectors, and promotes gender equality and artistic freedom;
Amendment 445 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls for the inclusion of culture within the European Semester, under the Semester’s education and training monitoring, of the working and living conditions in the cultural and creative sectors in the ongoing economic and social policy coordination and monitoring;
Amendment 450 #
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Reiterates its call on the Commission to update the New Agenda for Culture and include the improvement of CCS professionals’ living and working conditions as a priority area; asks the Commission to include in its political priorities for 2024-2029 the improvement of working and living conditions and fair remuneration in the cultural and creative sectors;
Amendment 452 #
Motion for a resolution
Paragraph 29 c (new)
Paragraph 29 c (new)
29c. Calls on the Member States to increase the level of ambition for the key priority ‘Artists and cultural professionals: empowering the CCS’ in the Council Work Plan for Culture 2023- 2026, with more ambitious actions and target outputs focusing on the status and working conditions of artists and other CCS professionals;
Amendment 453 #
Motion for a resolution
Paragraph 29 d (new)
Paragraph 29 d (new)
29d. Asks the Commission and the Member States to regularly collect and publish comprehensive and comparable data, disaggregated by gender, age, disability, company size and sector as far as available, on the social and professional situation of artists and other CCS professionals in the EU, covering both workers and the self-employed, including on their status, working conditions, including fair remuneration, access to social security and social protection, representation and collective defence, their exposure to forms of discrimination and gender-based violence, as well as gender equality and artistic freedom;
Amendment 454 #
Motion for a resolution
Paragraph 29 e (new)
Paragraph 29 e (new)
Amendment 455 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that any financial implications of the requested proposals should be covered by existing budgetary allocations; stresses that, given the significance of the cultural and creative sectors for the EU and Member States’ economies, the adoption and implementation of the proposal would lead to substantial financial and efficiency gains, and will thus be beneficial both in economic and social terms, [as clearly pointed out in the European Added Value Assessment report];
Amendment 458 #
Motion for a resolution
Annex I – Recommendation 1 – paragraph 1
Annex I – Recommendation 1 – paragraph 1
The objective of the proposals is to establish a Union framework on the social and professional situation of artists and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise one or more decisions setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating quality standards and reviewing relevant developments in areas relevant to the living and working conditions of CCS professionals. This mechanism should include close consultation and involvement of social partners at national and European level
Amendment 513 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 8
Annex I – Recommendation 4 – paragraph 1 – indent 8
- to raise awareness on the relevant problems and available solutions among CCS professionals, trade unions and other workers’ representatives organisations, and relevant Member State authorities.