European actors’ union highlights problems of services directive for performing artists

In November 2006, the biannual meeting of the International Federation of Actors was held in Slovenia’s capital city, Ljubljana, in cooperation with the Trade Union of Culture of Slovenia (GLOSA). The main issues on the agenda of the meeting were EU developments regarding the services directive in the internal market, the Green Paper on European Labour Law relating to the status of the artist, and the joint project regarding the enlargement of social dialogue in the performing arts.

EuroFIA is the European group of the International Federation of Actors (FIA). It currently unites affiliated performers’ unions, guilds and associations in all EU Member States, the European Economic Area and Switzerland, with the exception of Lithuania and Malta.

Twice a year, EuroFIA organises meetings in different European countries. On 24–25 November 2006, the organisation’s second meeting was held in Slovenia’s capital city of Ljubljana, in cooperation with the Trade Union of Culture of Slovenia (Sindikat kulture Slovenije, GLOSA), an affiliate of the Union of Free Trade Unions of Slovenia (Zveza svobodnih sindikatov Slovenije, ZSSS) (SI0210102F). Around 60 trade union representatives from all European countries took part in the meeting.

Main issues of meeting

In addition to national reports and other introductory issues, the main topics on the meeting’s agenda concerned updates on the following EU developments:

• Social matters – in this area, the conference considered EuroFIA’s position on Directive 2006/123/EC on services in the internal market. It also examined the Green Paper on European Labour Law, including opening a four-month consultation, and establishing a EuroFIA working group on the status of the artist as set out in the Green Paper. The Social Dialogue Committee on live performance provided an update on the joint European Arts and Entertainment Alliance (EAEA)-Performing Arts Employers Associations League Europe (Pearle) project on enlargement. Issues of health and safety were also discussed during this session. In addition, the Social Dialogue Committee in the audiovisual area presented a follow-up on the project on the enlargement of social dialogue;
• Intellectual property – the agenda in this field included a public hearing on the Communication on trans-regional licensing of online rights in musical works. The phasing out of the private copying exception was also discussed, including the expected Communication from the Commission, and a press conference of the Coalition for private copying highlighting FIA’s position. A public hearing regarding online content also took place. The World Intellectual Property Organisation (WIPO) update referred to the broadcasters’ treaty and the audiovisual treaty. Moreover, a meeting was organised between EuroFIA-EuroFIM and the Association of European Performers’ Organisations (AEPO-ARTIS);
• Audiovisual – the main item on the agenda in this area was the stance on revision of the Television without Frontiers (TVWF) Directive;
• Live performance – this section discussed the mobility of workers and considered a draft report of the European Parliament Commission on education and culture. The Helsinki conference on cultural economies and the mobility of workers was also highlighted;
• Culture – an update was provided on the UNESCO convention on cultural diversity;
• Update on main EuroFIA activities – at this stage, the areas covered included equal opportunities and also the status of the artist, with reports from both working groups. The dance passport was also discussed, noting new members of the scheme and providing an overall update;
• Other matters – items included in this section were the theatre agreements and the FIA health and safety guidelines for live performance. The next EuroFIA meeting was agreed to take place in Bucharest, Romania, in May 2007. The conference further highlighted the importance of coordinating EuroFIA’s activities with other regional groups’ activities.

Issue of services directive

President of ZSSS, Dušan Semolic, commented that some of the problems concerning all workers and those bringing together different trade unions in joint actions pertained to the services directive, which constituted one of the most important topics at the meeting.

At its first meeting on 26–27 May 2006 in Zurich, EuroFIA had concluded that the revised Commission proposal of the draft directive on services in the internal market continued to pose a threat to live performance; the latter was still within the scope of the directive, despite the exemption of the audiovisual sector. EuroFIA feared that the directive could encourage the spread of the self-employed status in the sector, without offering sufficient guarantees to combat fraud – namely illegal employment – and to prevent performers from falling under the scope of competition law, if under the terms of the directive they are treated as ‘service providers’.

EuroFIA is strongly opposed to the classification of performers as service providers and believes that live entertainment should also be excluded from the scope of the new directive, which came into effect in December 2006.

Commentary

At the press conference, Mr Semolic emphasised that the Slovenian trade unions were successful in defending workers’ rights because they joined forces with all workers in Europe as well as the EuroFIA. He insisted that the recent meeting represents an important boost for the successful activity of GLOSA in the future.

Štefan Skledar, Institute of Macroeconomic Analysis and Development