Culture in the treaties

Occurrences of the words culture, cultural, heritage, art(s) or artistic in the consolidated versions of the fundamental documents of the European Union.

As stipulated in the Lisbon Treaty, the Treaty on European Union and of the Treaty on the Functioning of the European Union replaced the Maastricht Treaty and the Treaty of Rome respectively. The two basic treaties are complemented by the Charter of Fundamental Rights of the European Union.

Only the most essential settings of the occurrences are selected, for exact and complete context you should consult the full texts. You can match the file with the previous such search done by the Budapest Observatory in 2004.  

(The words art or arts occur in the Charter only.)

 

THE TREATY ON EUROPEAN UNION

PREAMBLE

DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,

DESIRING to deepen the solidarity between their peoples while respecting their history, their culture and their traditions,

HAVE DECIDED to establish a European Union…

 

TITLE I                        COMMON PROVISIONS

Article 3

 3. The Union shall…

…respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced.

 

 

THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

 

PART ONE                  PRINCIPLES

TITLE I                        CATEGORIES AND AREAS OF UNION COMPETENCE

Article 6

The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be:

 (c) culture;

 

TITLE II                       PROVISIONS HAVING GENERAL APPLICATION

Article 13

In formulating and implementing the Union's agriculture, fisheries, transport, internal market, research and technological development and space policies, the Union and the Member States shall, since animals are sentient beings, pay full regard to the welfare requirements of animals, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage.

 

PART THREE              UNION POLICIES AND INTERNAL ACTIONS

TITLE II                        FREE MOVEMENT OF GOODS

CHAPTER 3                 PROHIBITION OF QUANTITATIVE RESTRICTIONS BETWEEN MEMBER STATES

Article 34

Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States.

Article 35

Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States.

Article 36

The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants; the protection of national treasures possessing artistic, historic or archaeological value; or the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

 

TITLE VII                      COMMON RULES ON COMPETITION, TAXATION AND APPROXIMATION OF LAWS

CHAPTER 1                 RULES ON COMPETITION

SECTION 2                  AIDS GRANTED BY STATES

Article 107 (ex Article 87 TEC)

1. Save as otherwise provided in the Treaties, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the internal market.

3. The following may be considered to be compatible with the internal market:

(d) aid to promote culture and heritage conservation where such aid does not affect trading conditions and competition in the Union to an extent that is contrary to the common interest;

 

TITLE XII                       EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT

Article 165

1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity.

 

TITLE XIII                      CULTURE

Article 167 (ex Article 151 TEC)

1. The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

2. Action by the Union shall be aimed at encouraging cooperation between Member States and, if necessary, supporting and supplementing their action in the following areas:

— improvement of the knowledge and dissemination of the culture and history of the European peoples,

— conservation and safeguarding of cultural heritage of European significance,

— non-commercial cultural exchanges,

— artistic and literary creation, including in the audiovisual sector.

3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of culture, in particular the Council of Europe.

4. The Union shall take cultural aspects into account in its action under other provisions of the Treaties, in particular in order to respect and to promote the diversity of its cultures.

5. In order to contribute to the achievement of the objectives referred to in this Article:

— the European Parliament and the Council acting in accordance with the ordinary legislative procedure and after consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonisation of the laws and regulations of the Member States,

— the Council, on a proposal from the Commission, shall adopt recommendations.

 

PART FOUR                  ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES

Article 198

The Member States agree to associate with the Union the non-European countries and territories which have special relations with Denmark, France, the Netherlands and the United Kingdom. These countries and territories (hereinafter called the ‘countries and territories’) are listed in Annex II.

The purpose of association shall be to promote the economic and social development of the countries and territories and to establish close economic relations between them and the Union as a whole.

In accordance with the principles set out in the preamble to this Treaty, association shall serve primarily to further the interests and prosperity of the inhabitants of these countries and territories in order to lead them to the economic, social and cultural development to which they aspire.

 

PART FIVE                   EXTERNAL ACTION BY THE UNION

TITLE II                         COMMON COMMERCIAL POLICY

Article 207 (ex Article 133 TEC)

4. For the negotiation and conclusion of the agreements referred to in paragraph 3, the Council shall act by a qualified majority.

For the negotiation and conclusion of agreements in the fields of trade in services and the commercial aspects of intellectual property, as well as foreign direct investment, the Council shall act unanimously where such agreements include provisions for which unanimity is required for the adoption of internal rules.

The Council shall also act unanimously for the negotiation and conclusion of agreements:

(a) in the field of trade in cultural and audiovisual services, where these agreements risk prejudicing the Union's cultural and linguistic diversity;

 

PART SIX                     INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I                         INSTITUTIONAL PROVISIONS

CHAPTER 3                 THE UNION'S ADVISORY BODIES

Article 300

2. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.

 

 

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

PREAMBLE

The Union contributes to the preservation and to the development of these common values while respecting the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it seeks to promote balanced and sustainable development and ensures free movement of persons, services, goods and capital, and the freedom of establishment.

 

TITLE II                         FREEDOMS

Article 13                      FREEDOM OF THE ARTS AND SCIENCES

The arts and scientific research shall be free of constraint. Academic freedom shall be respected.

 

TITLE III                        EQUALITY

Article 22                      CULTURAL, RELIGIOUS AND LINGUISTIC DIVERSITY

The Union shall respect cultural, religious and linguistic diversity.

 

Article 25                      THE RIGHTS OF THE ELDERLY

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

 

(None of these expressions occur in the remaining titles:)

TITLE I                         DIGNITY

TITLE IV                       SOLIDARITY

TITLE V                        CITIZENS' RIGHTS

TITLE VI                       JUSTICE