Activities of Niklas NIENASS related to 2023/2051(INL)
Shadow 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 (56)
Amendment 19 #
Motion for a resolution
Citation 21
Citation 21
Amendment 23 #
Motion for a resolution
Citation 26
Citation 26
Amendment 25 #
Motion for a resolution
Citation 27
Citation 27
Amendment 54 #
Motion for a resolution
Recital A
Recital A
A. whereas artists, authors, performers and all cultural creators are the creative source of our European culture that our society and democracy is built upon; 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;
Amendment 56 #
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 technicalng works to technical and project management support including programming, research and curatorial activities, communication and audience development support; whereas the existence of such expressions and works depends, thus, on whether all CCS professionals receive adequate recognition and support;
Amendment 70 #
Motion for a resolution
Recital B
Recital B
B. whereas, regardless of their role or their status as a worker, freelancer or self- employed person, the living and working conditions of CCS professionals can be characterised by precariousness and instability, with unpredictable incomes, short-term or disadvantaged contracts, weak or no social security, and a lack of access to unemployment support; whereas the extent of social security coverage of CCS professionals varies betweewithin countries, due to differences in sectors and types of work within the sectors and may lead to differences in living and working conditions;
Amendment 85 #
Motion for a resolution
Recital D
Recital D
D. whereas these atypical working arrangements, often interrupted by significant periods of non-remunerated time spent on artistic research, creation of work or rehearsing, severely limit the effective access of CCS professionals to social protection and their access to relevant entitlements; whereas, even when coverage is available on a voluntary basis, self- employed CCS professionals have a low coverage rate;
Amendment 95 #
Motion for a resolution
Recital F
Recital F
F. whereas CCS professionals tend to have low retirement savings or entitlements as a result of the atypical and sometimeoften precarious nature of their work;
Amendment 103 #
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, disadvantaged contracts and limited access to social protection; _________________ 15 Eurofound note on employment trends and working conditions in the creative sectors provided at the request of the rapporteurs, 29 May 2023.
Amendment 115 #
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 some Member States have included legislative reforms to improve the working conditions in the cultural and creative sectors as part of their Recovery and Resilience Plans;
Amendment 129 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas ongoing technological developments such as digitalization, particularly the recent progress in the field of artificial intelligence, are not only creating new opportunities and new jobs, but also bringing along many challenges, uncertainties and even existential distress for many cultural creators and entire professions;
Amendment 156 #
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;arts and culture play a crucial role for the inclusiveness, democratic functioning and prosperity of our societies through their intrinsic value and their important social and economic impact and underlines that artists and CCS professionals are key to the process of European integration including in the EU’s outermost regions and overseas countries and territories;
Amendment 162 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights the need for the whole cultural ecosystem to be well-balanced in order to allow each of its parts to thrive and contribute to our European society, democracy and economy;
Amendment 171 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that experts have identified the lack of a definitions of CCS professionals and, irregular working patterns and the lack of a specific employment status17 as one of the main factors leading to the weak social protection coverage of CCS professionals; asks the Commission to facilitate the recognition at Union level of the specific situation of CCS professionals, with the aim of ensuring, on the one hand, the unhindered application of the conditions attached to their status, for those who have such a status under national law, and of attaining convergence and of improving, on the other hand, the situation for those who are not covered by such a status, while promoting transnational work in Europe; _________________ 17 https://eenca.com/eenca/assets/File/EENC A%20publications/Study%20on%20the%2 0status%20and%20working%20conditions %20of%20artists%20and%20creative%20 professionals%20-%20Final%20report.pdf
Amendment 175 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates its calls on the Commission to develop a proposal for a European ‘Status of the Artist’ as an EU framework for the social and professional situation of artists and workers in the cultural and creative sectors;
Amendment 178 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. EncouragesCalls on the Member States that have not yet introduced targeted measures for a specific status for artists and other CCS professionals to do so; calls on those Member States which have already an ‘artist status’ in place to monitor its adequacy and reviewimprove it where necessary;
Amendment 189 #
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; believes that reinforced action at Union level is needed in that regard, in particular with regard to freelance and self-employed CCS professionals;
Amendment 192 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to facilitate the exchange of best practices among Member States, in particular with regard to social security schemes for cultural creators;
Amendment 200 #
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 actactions at Union level isare needed to promofacilitate access to comprehensive and adequate social protection systems for all CCS professionals;
Amendment 218 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the efforts to improve social security coordination across the Union and calls on the Council to swiftly reach an agreement on the revision of the social security coordination regulation; highlights, however, that mobile CCS professionals often face multiple payments of social and health insurance in several Member States, without being able to benefit from them; notes that administrative and fiscal obstacles to the cross-border portability of social security entitlements and double payment of social contributions are some of the most prevalent challenges encountered by CCS professionals working abroad, often due to differences between Member States in interpreting labour law; calls for a Union- wide approach for CCS professionals working in several countries to benefit from social protection as soon as social contributions are paid;
Amendment 221 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines the overall importance of the cross-border mobility of artists and cultural workers and exchanges between them in order to facilitate their creative work and improve their opportunities to gain new professional experience abroad; welcomes in this context the new mobility action Culture Moves Europe in the frame of the Creative Europe programme which offers mobility grants to artists and cultural professionals, and calls on the Commission and the Member States to further strengthen and improve such initiatives and equip them with more adequate fundings;
Amendment 233 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. IStrongly affirms that cultural work is work and, as such, must be fairly remunerated; is concerned by the fact that the cultural and creative sectors are considered low-wage sectors, with 38 % of CCS professionals in the lowest three wage deciles18 ; recalls the right of all workers to fair wages that provide for a decent standard of living and welcomes the recent adoption of Directive (EU) 2022/2041 of the European Parliament and of the Council19 ; calls on the Member States to transpose that Directive swiftly, with particular consideration for the cultural and creative sectors; _________________ 18 Eurofound Labour Force Survey 19 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33).
Amendment 252 #
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 fairlyauthor/creator is entitled to a fair and proportionate remuneratedion;
Amendment 254 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Considers fair remuneration of authors and composers as an essential part of their working conditions and denounces the coercive contractual practices of buy-out and work-for-hire imposed by the non-EU based video-on- demand services that deprive authors and composers from appropriate and proportionate remuneration for the use of their work;
Amendment 258 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to implement the principle of appropriate and proportionate remuneration throughout all EU legislation related to digital policies with impact on the cultural and creative sectors;
Amendment 270 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in unfair contractual relationships for CCS professionals; draws attention to issues relating more specifically to ‘buy-out’ contracts; requests the Commission to assess and closely monitor the situation in that regard and that all forms of work undertaken by CCS professionals are recognised and proper remuneration is required;
Amendment 287 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States and social partners to commit to the prevention of undeclared work and the eradication of bogus self- employment practices in the cultural and creative sectors, including by strengthening the action of labour enforcement authorities and with the involvement of the social partners;
Amendment 301 #
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 decent 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; calls on the Commission to have social conditionalities in this regard for all public procurement contracts;
Amendment 310 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that sustainable public funding is fundamental to ensuring a healthysustainable, diverse and democratic cultural and creative ecosystem; asks the Member States to set a minimum spending target of 2 % of government public expenditure in the cultural and creative sectors;
Amendment 313 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission and the Member States to set a minimum spending target of 2 % of the EU budget for Union programmes and initiatives benefiting the cultural and creative sectors;
Amendment 318 #
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 ofpolicy making process in the cultural sector and employment policies; calls on the Commission to reinforce social dialogue at Union; calls for a strengthening of the social and policy dialogue at Union level, national level and sectoral level, ensuring that all cultural and creative sectors are represented;
Amendment 323 #
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, fair contracts and good working conditions; calls on the Commission and the Member States to ensure,cooperate with the involvement of social partners, for an enabling environment for collective bargaining in the cultural and creative sectors;
Amendment 333 #
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’; calls on national competition authorities to carry out consultations with authors, artists, performers and cultural workers and 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 338 #
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 and culture for young people coming from a vulnerable or disadvantaged background or with disabilities; calls on Member States to ensure equitable access to artistic education, in particular higher education;
Amendment 349 #
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, freelance and self-employed status;
Amendment 358 #
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 activity 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 366 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Is concerned that the increasingly fast-paced technological progress requires a technical and legal knowledge which current educational and training systems can hardly keep up with; therefore calls on the Commission and the Member States to significantly enhance their approach regarding the upskilling and reskilling of artists and other cultural workers, including - but not restricted to - legal and technological knowledge and skills as well as AI literacy;
Amendment 378 #
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, often due to precarious working conditions;
Amendment 387 #
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 education and 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;
Amendment 400 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Insists on the need to ensure freedom of authorial and 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;
Amendment 403 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Emphasises that inappropriate working conditions, a lack of social security and unfair remuneration, including buy-out contracts, are elements restricting the actual ability of artists to exercise their right of artistic freedom;
Amendment 408 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Is concerned by the effects of increasing automation, which pose a particular challenge to artists and other CCS professionals at risk of losing their jobs or their remuneration rights 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, on workers management, on equality and diversity in the cultural workforce and also on artistic freedom and cultural rights;
Amendment 412 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Highlights that ongoing technological developments such as digitalization, particularly the recent progress in the field of artificial intelligence with the ability of its generative systems to generate cultural content, not only create new opportunities and new jobs, but also bring along many challenges, uncertainties and even existential distress for many cultural creators and entire professions;
Amendment 421 #
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 and on authors, artists, performers and cultural workers; including a lack of literacy throughout the sector about the effects of automated content and tools;
Amendment 426 #
Motion for a resolution
Subheading 11
Subheading 11
Amendment 428 #
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 432 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 444 #
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 decisionirective 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 minimum quality standards 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;
Amendment 447 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Commission to include in the European Semester a review of public spending for culture across the Member States, as well as of employment situation in the cultural and creative sectors;
Amendment 461 #
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, authors, performers and other professionals in the cultural and creative sectors (‘CCS professionals’) (the ‘Framework’). The Framework should comprise one or more decisionirectives setting up a mechanism for structured cooperation and the exchange of best practices between Member States with a view to formulating minimum quality standards and reviewing relevant developments in areas, relevant to the living and working conditions of CCS professionals, including workers, freelancers and self-employed.
Amendment 466 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 1
Annex I – Recommendation 3 – paragraph 1
The Framework should cover all CCS professionals in the different functions, roles and capacities needed for the realisation of cultural and creative expressions and works, regardless of their status as worker, freelance or self- employed.
Amendment 472 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 2
Annex I – Recommendation 3 – paragraph 2 – indent 2
- the development of measures to improve CCS professionals’ working conditions, in particular to ensure decentequitable remuneration, based upon a minimum level set at national living wage levels and fair working practices;
Amendment 490 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 7
Annex I – Recommendation 3 – paragraph 2 – indent 7
- the fight against all forms of discrimination and of gender-based violence and the promotion of gender equality in the cultural and creative sectors;, including but not exclusive, to gender identity, civil status, family status, sexual orientation, language, religion, age, disability, race, ethnicity, geography and of gender-based violence.
Amendment 493 #
Motion for a resolution
Annex I – Recommendation 3 – paragraph 2 – indent 7 a (new)
Annex I – Recommendation 3 – paragraph 2 – indent 7 a (new)
- the promotion of gender equality in the cultural and creative sectors;
Amendment 505 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 1
Annex I – Recommendation 4 – paragraph 1 – indent 1
- to improve knowledge on the living and working conditions of CCS professionals, including with regard to the causes and regional differences, by means of evidence-based tools, comparative analysis and relevant methodological instruments for data collection building on the work of relevant actors; in that regard, it is important that Member States regularly collect and publish comprehensive and comparable data on the social and professional situation of artists, authors, performers and other CCS professionals in the Union, including working conditions, levels of remuneration, access to social security and social protection, collective representation and coverage by collective agreements, exposure to forms of discrimination and gender-based violence, and gender equality and artistic freedom; such data should be disaggregated by gender, age, disability, employment status, geographical location, language and specific sector as far as possible;
Amendment 508 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 4
Annex I – Recommendation 4 – paragraph 1 – indent 4
- to establish and maintain tools for the efficient sharing of information and experiences, for example a knowledge bank of different practices and measures taken;