Dear Patrick Bloche,
Dear Presidents, Directors, Secretaries General,
Dear friends,
This is the first time that I have been among you in the National Council of Performing Professions and I would first like to greet you: professional and trade union organizations, parliamentarians gathered around this table.
I thank you for having accepted my invitation today despite the last minute delay linked to the parliamentary agenda that led me to sit in the National Assembly yesterday morning on the bill The European Parliament adopted a number of measures to modernize the press sector.
The subjects that concern you, I became aware of as soon as I arrived. I have received many of you, I have gotten to know you, I have listened to you, I have committed myself to you.
This listening must be reciprocal. The stakes are many, they reflect a concern that I share, as I said. That is why I am pleased that we have come together today to debate and work together with seriousness and pragmatism.
Beyond the concrete actions that I want to present to you today and the work programme that I propose to share, I would first like to recall some of the strong principles that underlie my commitment:
I will fight alongside artists, creators and cultural professionals to affirm the place of culture at the heart of our political ambition.
Our model was built on supporting artists and on the principles of cultural democratization so that this creation is accessible to as many people as possible. This policy was built on the will of the State, shared and amplified by the communities: it made it possible to link our territory of institutions of creation and dissemination but also of mechanisms of support to companies and artists, aid and financing. It’s an investment, a legacy, a product of years of patient work. I said I wouldn’t let it fall apart.
In our territory, first of all, I want to remind you that culture is always a matter of political choice and priority:
- Budgetary choices are political choices which must be assumed as such;
- I recall that even in 2013 and 2014, the overall budget of the Ministry of Culture and Communication has decreased – I am thinking of the CNC among others – and whether public institutions have participated in the effort to correct the nation’s accounts, Funding for live entertainment for structures co-financed with local authorities has been maintained;
- I recall the strength of the Government’s commitment, which has preserved the overall budget for culture for the next three years even as it made the courageous and responsible choice to put an end to the debt explosion that doubled during the management of the right.
Local authorities, like the State, must make a major budgetary effort: like it, they are faced with a political choice.
- While the State has made the choice of culture, some local authorities are withdrawing. I will strongly support the many communities that make the courageous choice of culture.
I asked the DRAC to identify before the end of the year the cities or agglomerations for which a convention would be relevant, that is to say where the support stabilized the State in the duration, over three years, between 2015 and 2017, is likely to leverage to avoid the withdrawal of local funding. I sent an inspector general of cultural affairs, Jérôme Bouët, to coordinate this work and to report on its progress. I will get personally involved by going to the territories concerned. Given your knowledge of the sector and the territories, I will be attentive to the contributions you can make to me region by region to refine this work.
- Secondly, we must bear in mind that the fight for the defence of artists and more generally of the performing professions is also being fought on a European scale. The erosion that you denounce is also where we must fight it.
The future of copyright in Europe will be at stake in the coming year. That is why I would like to reaffirm loud and clear that France, which was not in favour of the revision of Directive 2001/29 on copyright and related rights in the Information Society, will defend to the Commission, the preservation of copyright: copyright is the engine of creation.
Europe must remember what it owes to the artists and authors who are the foundation of the beautiful idea of Europe. It was they who, long before European integration, embodied the European project: the Europe of culture preceded that of nations. It must be defended, and France will be at the forefront of this fight, I will see to it.
Faced with the Commission’s determination on this issue, we have taken the lead and asked Professor Pierre Sirinelli to examine adaptations of the current framework that could strengthen copyright. The conclusions of his work of very high quality have made it possible to identify avenues of evolution and to highlight the need to walk on two legs: the question of the definition of copyright cannot be asked without that of its effective protection, that is, the fight against piracy. In particular, it will be necessary to raise the question of the responsibility of certain intermediaries, more than 10 years after the creation of the first legal framework of the European Internet.
We all know that one of the major problems we are facing is the shrinking of the tax base that each state collects to finance its policies, including cultural policy. Let us get out of our French debates and fight together to put an end to the tax evasion practices of the major Internet players.
Because if I intend to mobilize my counterparts to give culture its full place in the European project, I also count on the mobilization of French and European artists, whose support will be decisive for the Commission, and all States, recognize the importance of this issue.
These are the principles that guide my action.
As for my roadmap, it is clear and I hope that we will be able to share it on many points.
Some details on the state budget devoted to creation:
- In 2014, in the case of live entertainment, funding for regional structures was fully unfrozen during the year: it is the choice of territories, partnership structures more than operators funded 100%, local structures rather than large establishments.
- The preservation of the budgetary appropriations of the Ministry until 2017 allows us, from the coming year, to restore a part of the operators that had been drained last years and to continue the investment operations committed under the CPER; the Ministry has also been preserved from the cancellations of appropriations at the end of 2014 and successive planes voted under the 2015 Finance Act; I know that these actions may appear to you insufficient: yet they illustrate the exceptional and privileged situation of the Culture budget for 2015. I fought over that.
- I know the difficulty that the precautionary reserve causes each year, which is higher this year since it is set at 8%. I have already asked the Prime Minister to lift this freeze at the beginning of 2015.
- In 2015, after two years of effort, the Government will not cut the NCC’s capacity to act through a levy on its institutional reserves, and will not cap its allocated taxes. On the contrary, in order to take into account the projected decline in expected revenues of the CNC, the establishment will be allowed to draw in 2015 from its multiannual solidarity reserve.
- The NVC’s resources are also preserved: I fought to obtain a mechanism for regular adjustment of the ceiling on the basis of the institution’s forecasts. It was set at €29 million for 2014 and €30 million for 2015.
- Public broadcasting credits are also stabilized and will, by the end of 2017, be entirely financed by the levy, in accordance with this government’s desire to fully respect the independence of these institutions.
To address your concerns about territorial reform and the review of State missions:
- Article 28 of the law on the new territorial organisation of the Republic recognises culture as a shared competence and therefore the joint responsibility of the State and the local authorities.
- It is a matter of consolidating the achievements and looking to the future.
- It is in this sense that the Council of Local and Regional Authorities for Cultural Development (CCTDC) spoke at the plenary session on 18 November in favour of a common base of commitment rather than defending prerogatives.
The State and local authorities are therefore working within the framework of the CCTDC to draft a common commitment to shared ambition and broad principles to guide our cultural policies, such as the recognition of freedom of programming.
With regard to the review of the missions of the State, I wanted to approach the exercise not as a subject only concerning the ministry but as a reflection on what our public policies of tomorrow will be.
I know that there is a strong expectation that the State will be able to reinvent itself to better guarantee the great aims of cultural policies and to prepare today the State we will need tomorrow.
Several principles will guide my action:
- The need to maintain a decentralized administration of the culture state. It is an indispensable condition for the existence of a ministry of full exercise, guaranteeing a national vision of cultural policies;
- Respect for the added value and expertise of the business lines within the drac and the maintenance of a proximity essential to guarantee the effectiveness of the State’s action;
- A reflection so that the State plays its role better vis-à-vis white areas, I think of rural or «peripheral» territories, priority neighbourhoods.
The objective is not to question the missions of the DRAC or the State, on the contrary; but there can be fertile subjects of discussion: the simplification of the action of the public authorities for the cultural actors that you are, the best articulation of our mechanisms to preserve some major objectives such as the freedom of creation, I will come back to that, but also a greater responsibility for the employment of cultural institutions that the State accompanies. This is crucial at a time when the issue of intermittency is on the table.
Voluntarism is also the principle that guides my action on the issue of intermittence and Annexes 8 and 10 of the unemployment insurance convention. This is obviously one of my main projects since my appointment.
The Prime Minister wanted to be personally involved in this issue and I thanked him for that. He thus decided that the most contested measure (the strengthening of the “deferred”) would be neutralized. It is the State that takes charge of it and this until an agreement is found on the recasting of the regime.
The Prime Minister also entrusted a mediation mission to three indisputable personalities: Jean-Denis Combrexelle, State Councillor, former Director General of Labour, Hortense Archambault, former co-director of the Avignon Festival and Jean-Patrick Gille, MP.
The Prime Minister also set a framework for this mission, which I remind you:
- First, the objective must be to put an end to the recurrent threat to the intermittent regime and destabilize professionals. We must hear the malaise that is expressed and emerge from the crises repeatedly: 1992, 2003 and now 2014. To go out from above is to rebuild this regime and ensure its sustainability;
- secondly, the intermittent system must remain based on the principle of interprofessional solidarity.
This consultation will finalise its proposals in early January. It has already made it possible to tackle all the questions and proposals without taboos. It has, as many of you have told me, carried out an important work of listening and of updating and calculating the various hypotheses of evolution.
Whatever the decisions taken, I think we will have to reflect on our working methods in order to preserve the dynamic of cooperation that the mission has given.
For my part, I am extremely vigilant and I have met with the various stakeholders to prepare the overhaul that everyone wants. Thank you for the various proposals you have made or the alerts you have sent us, for example, on GUSO or on the issue of refillable fees. These proposals and questions are now on the table. The mission will enlighten us but we will then have to define our position within the Government and discuss with you these orientations.
From these contacts, these proposals, I retain the following principles that will guide the choices to be made:
- First principle: there is a specificity of the employment of artists and creative professionals that is taken into account by the system of intermittents since the origin of unemployment insurance in France. This system thus contributes to the richness and diversity of the performing arts, but also of our audiovisual production and of course our cinema. Intermittence is not a status. We are talking about men and women, artists and technicians, who contribute to this wealth. We are talking about intermittent employment conditions because they are linked to artistic projects.
- The second principle: the scheme must correspond to this specificity. It cannot be the only standard of employment in the entertainment sector. We must move forward with the social partners, who have already done a great deal of work in this area to modernise this sector and combat the misuse of the system, which leads to the continued precariousness of those who could gain access to permanent employment in the quality. I will be very attentive to the proposals of the social partners on this issue. The State and public authorities also have their role to play through the criteria for granting financing.
- Third principle: we must take stock of past developments without taboos. Our common goal must be both to ensure the economic viability of this system while reducing the precariousness of the beneficiaries, by promoting, where possible, permanent employment.
- Fourth principle: there must be a global approach to the issue and governance that allows all stakeholders to share objectives and constraints. The CNPS that was created after the crisis of the intermittence of 1992 will have to find its place in this reflection. In particular, I hope that the Subcommittee on Employment, which will be appointed shortly, will contribute to this. I am counting on the dynamism of Jean-Paul Guillot, whom you all know, and whom I asked to chair this body.
- Principle 5: We will only succeed if we are collectively in a position of responsibility. If I am listening to the profession, I also know that the solutions must be part of the discussions on unemployment insurance, taking into account the constraints related to its financial situation. We will only succeed by defining objectives which we can share with the other ministries in charge of the overall development of unemployment insurance.
We will only succeed by defining a work-sharing programme, in particular to give a new dynamic to collective bargaining, in conjunction with the Minister for Labour, Employment, Vocational Training and Social Dialogue.
But let’s be clear, this responsibility also concerns the conditions of intervention of the Ministry of Culture. In 1992, Jean-Pierre Vincent’s report was already questioning the subject. These questions, which arise for live performance but also for audiovisual and cinema, have been the subject of many reflections or discussions: we must now move on to practical work.
So, to summarize, it is the responsibility of the Ministry of Culture to move forward with you and all stakeholders in the sector on the issue of cultural employment.
Those are the principles I wanted to share with you. Now, concretely, in the coming weeks, the State will have to assume its responsibilities on the basis of the conclusions of the consultation. We will have to discuss this with each of your organizations, but also collectively. I will get back to you soon on this issue.
The other thing that came out of the consultation was that beside the central issue of the intermittent unemployment insurance program, we have to work on other related issues.
First, there is a need to further improve the social protection of intermittent workers. Much has already been done. I am thinking, for example, of the agreement that already gives them rights in terms of supplementary health and provident care and that must be preserved. I am also thinking of their vocational training. But there are still difficulties, such as for maternity or supplementary pensions. We’ll have to answer those questions.
You also told me about the malfunctions of GUSO – the one-stop shop for the occasional show. Beyond the proposals that may be made by the consultation mission, I would like to inform you that the GUSO steering committee will meet in January to prepare the follow-up committee meeting on February 18.
You have also told me about the impact on the entertainment leave fund of the measures to rationalize the collection of social contributions contained in clause 14 of the social security financing bill.
On this point, you can be fully reassured: I obtained from the Prime Minister that the fund, now modernized and managed by the social protection group of the Audiens sector within the framework of an agreement of objective and progress with the DGT, is exempted from the application of this measure. The letter that will soon be sent to the Caisse will indicate that two options are on the table: 1) analyze whether the measure can be implemented in an adapted way in show leave, without risk of complexity for employers or additional financial costs for the organization, or 2) see whether it is preferable, in view of its specificities, to provide for a lasting exception for the whole sector. It is in that spirit that we will work with you.
More particularly in the audiovisual and film sector:
- concerning risk sharing and structuring of the film sector:
At the end of the consultation which followed on from the Bonnell report, we took measures to limit public support to the highest fees. The idea is to ensure greater control of costs, a better sharing of risk among all those who make the success of a film.
This mediatized measure is part of a set of provisions: those in favour of transparency of production costs and revenue increases, which are included in the bill on creative freedom, but also in favour of a better structuring of the producer profession with the requirement of a minimum capital to benefit from the aid. The objective is to better structure the sector and thus promote better employment conditions.
These measures are part of the new collective agreement for film production, signed in October 2013.
I hope that this convention, including its override mechanism, can function normally and I count on everyone’s spirit of responsibility. In this regard, I welcome the commitment of all - CNC, DGT, social partners - to achieve this.
We also obtained an improvement in the tax credit, the rate of which increases to 30% for all films under €7 million, that is to say for films whose economy is the most fragile. I can also confirm that the European Commission has just approved this increase for films under €4m, and that this enhanced mechanism will be applicable as of 2014. It is essential that the efforts made by the State continue to be part of a process of responsibility for all the social partners.
The Government had undertaken to open a wide debate before the national representation on the place of creation in our democracy. The bill on creative freedom, architecture and heritage will be an opportunity for the government to affirm its commitment to the founding principles that put culture at the heart of the republican pact in our country.
- The Ministry has worked with you on a set of important provisions for performing arts, visual arts and cinema that meet this commitment.
- As you know, when I took office, the inclusion of this bill in the parliamentary calendar was not at all a given. Again, I fought over its principle and its timetable.
- Today I can confirm that we have a legislative window that will allow us to address these issues in their entirety with provisions that are indeed legislative in nature in a law entitled freedom of creation, architecture and heritage.
I wanted this law to be entitled Freedom of Creation: I said it, in the context that we know, while unacceptable breaches are made to this fundamental principle, it is essential that the national representation debate precisely these issues for the future of our cultural model and our democracy. Our country has always prided itself on being a land of creation and artistic freedom, we must show ourselves worthy of the commitment of all those who fought in the name of that freedom.
The preliminary work for the writing of the law has embraced many dimensions of creation, whether artistic, legal, social, economic, territorial.
- They focused on support for artistic creation, practices, training of creative professionals and the social protection of artist authors.
- Certain provisions were of indisputable legislative scope, whether they concerned the definition of artists in labour law, the articulation between the regime of authors and RSA or the rules of transparency within the music sector. They were included in the bill. Others are under debate within the framework of the NOTR law such as the transfer to agglomeration communities of cultural facilities of community interest.
- Other provisions are still under discussion and may be amended during the debate in Parliament. We need to continue to work on that.
This bill takes into account your comments:
- We did not include some provisions that you convinced us were not relevant, such as the extension of GUSO.
- Some provisions were removed during GMS screenings because they were regulatory and not legislative. They will be subject to specific provisions, such as the decree on labels.
- We have maintained the provisions prohibiting the carry-over of salaries in the entertainment sector, in accordance with your expectations.
- We will continue, with you, the work on two provisions discussed in the context of the consultations but not yet completed and related to amateur practice, the other to the social protection of artists authors.
On this last point, I know that these questions, while not directly related to the performing professions themselves, concern you:
Concerning the social security system for artists and authors:
- the special status of artists and authors within the general social security system gives the special place that the Nation has wished to give to creators
- the maintenance of this regime requires its modernization: we must now resume, in conjunction with the Ministry of Social Affairs, the consultation that ended in February 2014
- no decision will be taken and no reform will be undertaken without broad prior consultation of the relevant professional organisations
I would like to say a word about the professional training of artists and authors:
- this device is a success with more than 2,000 artist authors who have benefited from funded training
- but I hope that, following the cancellation by the State Council of the organizational decree, we can achieve a peaceful and sustainable mode of governance within the management board.
Getting back to the provisions of the bill, I won’t dwell on the package; I know you had the opportunity to discuss these points in the NPHC office yesterday. On the other hand, I want you to know that I pay particular attention to feedback from professionals on the “music” provisions, which revolve around three objectives: protection of artists' rights, transparency and mediation. The text is now subject to consultation. But this is a real consultation and stakeholders are invited until mid-January to submit their contributions before the project is finalized.
I can confirm the schedule:
- interdepartmental consultations have just begun, those on the creation component will begin early next year
- Presentation to the Council of Ministers in March
- parliamentary review in the aftermath
As you can see, my commitments are clear and firm and my method is simple: it is based on consultation and voluntarism. So if you don’t mind, let’s get to work together!
I thank you for your attention; it is my turn to listen to your comments and questions, which I will try to answer as precisely as possible.