Ref. Ares(2015)1103433 - 12/03/2015
15.
Ref. Ares(2017)1114743 - 02/03/2017
From:
[Art. 4.1(b)]
(TRADE)
Sent:
12 March 2015 16:36
To:
SCHLEGELMILCH Rupert (TRADE); GARCIA BERCERO Ignacio (TRADE);
[Art. 4.1(b)]
(TRADE)
Cc:
MUNGENGOVA Jolana (CAB-MALMSTROM); [Art. 4.1(b)]
[Art. 4.1(b)]
(TRADE)
Subject:
Flash Report: meeting J. Mungengova - ARD/ZDF - 12/03/2015
Please for registration in ARES
Jolana Mungengova (JM) received this morning [Art. 4.1(b)] (ARD Liaison Office) and
[Art. 4.1(b)]
(ZDF Liaison Office). Objective of the visit was to have a first
contact with CM's Office, as well as to reiterate some of the companies' concerns in
TTIP.
Main arguments raised by the visitors:
-
Scope of the audiovisual (AV) exemption in a context of convergence,
technological neutrality, digitalisation, new distribution models, etc. Æ It was
explained that so far the notion of "audiovisual services" has been kept
intentionally open in TTIP (as in other negotiations such as JPN or China) in order
to cater for technological change. COM very much aware of this issue Æ ARD/ZDF:
important to apply a broad concept of AV, that anticipates technological change;
we can live with not having a closed definition.
-
UNESCO convention as part of the EU mandate: there's no perfect overlap
between protection of cultural diversity and scope of the AV exemption.
[Out of scope]
- "
Please keep the corridor open" (i.e. don’t reduce EU's policy space to regulate
AV, regardless of the technical vector) Æ JM: we're obliged to do so under the
mandate.
- Insofar as the AV exclusion does not extend beyond liberalisation, this may create
problems with respect to
investment protection ("as COM implicitly
acknowledged in the consultation") or
regulatory coherence. Why not
extending
the exemption to the whole cultural sector? Æ JM: COM has received mandate
from the Council. Regulatory cooperation concerns a non-binding exchange of
information, that doesn’t change the legal framework. EU internal system of
check and balances. Pre-eminence of the
acquis. Importance of Filters. ISDS does
not include an obligation to change legislation. CETA built-in principles for ISDS:
transparency; code of good conduct for arbitrators; guarantee that compensation
will not undermine existing legislation or limit policy space. Concept of
expropriation / indirect expropriation.
[Out of scope]
-
TTIP timing Æ JM: if possible under Obama administration, but substance
prevails under timing.
[Art. 4.1(b)]