Cultural Heritage in the EU Trade Agreements: Current Trends in a Controversial Relationship

This contribution explores whether, to what extent, and for what purpose(s) cultural heritage (through the mediation of the notions of culture and cultural diversity) has a place in the Common Commercial Policy (CCP) of the European Union and, if so, what is the effect of this ‘unexpected’ inclusion in Trade Agreements. In order to approach these key questions, first a brief account of the role of trade with third countries under (E)EC and EU law is needed, taking into consideration the institutional architecture for the CCP over time. Secondly, the relationship between the CCP with the forum of the World Trade Organization (WTO) will be examined, as well as the change over time of the European Commission’s trade strategy, especially after the entry into force of the 2005 UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions (CPPDCE). Next, and against this background, a summary of the outcomes of a textual analysis of a vast group of EU Trade Agreements with third countries follows. This will allow for some concluding remarks on the meaning of the notion of cultural heritage within the practice of the CCP and on the effective function and use of this notion at the level of the implementation of EU Trade Agreements, as well as suggestions to better implement the said notion in the context of current EU global trade policy.