Change Of The Film Promotion Law

Original Language Title: Änderung des Filmförderungsgesetzes

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81. Federal Law, with which the Film Promotion Act is amended

The National Council has decided:

The Federal Act on the Promotion of Austrian Film (Filmförderungsgesetz), BGBl. N ° 557/1980, as last amended by the Federal Law, BGBl. I n ° 74/2010, and by the Federal Ministries Act of 2014, Federal Law Gazette (BGBl). I n ° 11/2014, shall be amended as follows:

1. § 1 first sentence reads:

" The Austrian Film Institute as a nationwide film funding institution promotes the cinema film as a cultural product as well as the Austrian film industry, thus contributing to the strengthening of the Austrian film industry and the creative-artistic Quality of Austrian film as a prerequisite for its success at home and abroad. "

2. § 2 (1) reads:

" (1) The aim of film funding is to:

a)

to contribute to the preservation of Europe's common cultural heritage and to the further development of European culture, with its national and regional diversity, with particular reference to the Austrian identity,

b)

to support the production, distribution and marketing of Austrian films, which are capable of increasing the quality, independence and cultural identity of Austrian filmmaking,

c)

to support the cultural, economic and international concerns of Austrian filmmaking, in particular through measures for the promotion of young talent, as well as through the preparation of an annual film economic report,

d)

To improve the international orientation of Austrian filmmaking and thus the foundations for the distribution of Austrian film in Germany and its cultural charismation and exploitation abroad, in particular by the Promotion of the presentation of Austrian film in Germany and abroad,

e)

to support coproductions from Austria and abroad,

f)

to support the cooperation between the film industry and broadcasters to strengthen the Austrian cinema film,

g)

to work towards coordination and coordination of the film promotion of the federal and state governments (regional funding). "

3. § 2 para. 2, first sentence reads:

" The task of the Film Institute shall be to achieve the objectives set out in paragraph 1 by appropriate measures, in particular by granting financial support in accordance with the available appropriations, on the basis of a selection procedure or by To realize technical and organizational support as a centre of excellence. "

4. § 2 (2) last sentence reads:

" The task of the Filminstitut is to advise the Federal Government and other public authorities on key issues of Austrian film, in particular with regard to the perception of all film-cultural and cultural aspects. -Film-economic interests and the harmonisation of action in the field of film within and outside the European Union. "

5. § 2 para. 3 reads:

" (3) Projects with a cultural content that can expect artistic and/or economic success or correspond to the objectives of the promotion of young talent are to be selected for the production support according to the project principle. The aim of the promotion of young researchers is to facilitate the entry into professional filmmaking. "

6. § 2 para. 4, first sentence reads:

" Prerequisite for the production promotion by means of reference film funding is that the manufacturer of a programme-filling cinema film with cultural content has a successful artistic or economically successful reference film. can. "

7. In § 2 para. 4 lit. c will be the phrase "the director" through the phrase "the director/director" , in § 2 para. 4 lit. d the phrase "the manufacturer" through the phrase "the manufacturer/manufacturer" and in § 2 para. 4 lit. e the phrase "Visitors" through the phrase "Visitor/Visitors" replaced.

8. § 2 (5) reads:

" (5) The subject of the promotion shall be:

a)

substance development;

b)

project development;

c)

Austrian films and international co-productions with Austrian participation have been produced under the responsibility of Austrian film producers;

d)

the exploitation of Austrian and similar films;

e)

the continuing vocational training of persons involved in the film industry in artistic, technical or commercial terms. "

9. In § 5 (1) and (3), § 6 (1), (3) and (4), § 7 (1) and (9), the word order shall be "from the Federal Minister for Education, the Arts and Culture" in each case by the word sequence "from the Federal Chancellor" ; in § 5 (4) the penultimate and last sentence are:

" The revelation of the members pursuant to paragraph 1 (1). a is carried out by the Federal Chancellor or by the Federal Minister/Federal Minister in charge of each of the relevant/relevant paragraph 2. The other members shall be removed from the office by the Federal Chancellor, prior to the revelation of the members in accordance with paragraph 1 lit. b and c is to hear the presume or namesaving post. "

10. In § 5 (1) and (3), the word order shall be "Economy, Family and Youth" in each case by the word sequence "Science, Research and Economy" and in § 5 (1) lit. a the name "Federal Ministry of Education, Arts and Culture" by the name "Federal Chancellor ' s Office" replaced.

11. In § 5, paragraph 1 shall be lit. b the name "Trade union art, media, sports, liberal professions" by the name "Trade union of municipal officials-art, media, sports, liberal professions" , the name "Fachverband der Audiovisions-und FilminIndustry" by the name "Fachverband der Film-und Musikwirtschaft" and in paragraph 1, lit. c and para. 2 the word "Representative" in each case by the word sequence "Representatives/representatives" replaced.

12. In Section 5 (2), the word order shall be "from the relevant Federal Ministers of the Federal Republic" through the phrase " by the Federal Chancellor by the relevant Federal Ministers/Federal Ministers " and the phrase "The Federal Minister for Education, the Arts and Culture" through the phrase "The Federal Chancellor" replaced.

13. In § 5 (2), § 6 (1), § 7 (5) and § 19 the word order shall be "the Federal Minister for Education, the Arts and Culture" in each case by the word sequence "the Federal Chancellor" replaced.

14. In Section 5 (3), the phrase "their substitutes/alternates" through the phrase "deren/his deputiors/alternates" replaced.

15. In § 5 (6), the phrase "of the Presidency leader" through the phrase "the chairperson of the Presidency" , in paragraph 8, the phrase "its tasks" through the phrase "your/its tasks" and in paragraph 10, the word "one" by the word "einer/ein" replaced.

Section 5 (7) reads as follows:

"(7) The function of a member of the Supervisory Board shall be in the context of deliberations and resolutions on items on the agenda in which interests of the member or interests are affected by persons or undertakings that are personally or professionally close to him."

17. In § 5 (9) the word order shall be "the promotional advertiser" through the phrase "der Förderungswerberin/dem Förderungswerber" replaced.

Article 5 (12) reads as follows:

" (12) The members of the Supervisory Board pursuant to paragraph 1 (a), provided that they do not belong to the institutions listed therein, shall be the members of the Supervisory Board pursuant to paragraph 1 (1) (lit). b and c as well as the constantly accutable subject matter without the right to vote in the field of filmmaking or film production shall be entitled to participate in the meetings session money. The amount of the meeting is determined by the Supervisory Board in the Rules of Procedure and is subject to the approval of the Federal Chancellor. "

19. § 5 para. 13, first sentence reads:

"In order to comply with the obligations, the Supervisory Board can serve up to five continuously accuded but not voting experts from the film industry and in individual cases of other external experts."

The second sentence of Article 6 (3) reads as follows:

"In the course of the decision-making process, the Project Commission has to discuss the applications of the promotional advertisers and to listen to the promotional advertisers as far as this is necessary for discussion of their request."

21. In Section 6 (6), the phrase "the promotional advertiser" through the phrase "the promotional shipyard/the promotional advertiser" and the phrase "The Promotion's Value" through the phrase "The promotion advertiser/the promotion advertiser" replaced.

Section 6 (7) reads as follows:

" (7) The expert members (substitute members) of the project commission shall be entitled to participate in the meetings of a meeting fee, the amount of which shall be determined by the Supervisory Board in accordance with the expenses incurred by the meeting in the Rules of Procedure is. "

23 . In Section 7 (2), the word "Citizens" through the phrase "State Citizen/Citizen" and in Section 18 (2), the word "Nationals" through the phrase "nationals/citizens" replaced.

24 . In Section 7 (4), the phrase "He represents" through the phrase "She/he represents", the phrase "Him oblies" through the phrase "Your/him oblie" and the phrase "It is up to him" through the phrase "Your/him is responsible" replaced .

25. In § 7 para. 4 lit. c becomes the word "Eligibility" through the phrase "Promotion Werder/Promotional Advertisers" replaced.

26. § 7 para. 5 lit. c and d are:

" (c)

is not involved in any company as a shareholder/shareholder working in the field of the film industry,

d)

does not carry out any other activity which is likely to arouse distrust of its impartiality in the performance of its duties, "

27. In § 8, the word "Service" through the phrase "Service/Service" replaced.

28. In Section 10 (2), the word "Project advertisers" through the phrase "Project werebers/project advertisers" replaced.

Section 10 (3) reads as follows:

" (3) Only films with cultural content can be promoted. The cultural content shall be examined on the basis of the criteria laid down in the funding directives. This examination must be carried out by the project commission and the director of production by the director/director in the production promotion according to the project principle and in the production funding. "

30. In Section 10 (5), the phrase "from the recipient" through the phrase "from the recipient of the subsidy/from the recipient" replaced.

31. The following paragraphs 6 and 7 are added to § 10:

" (6) The totality of production costs (cumulated aid intensity) shall not exceed 50 vH. In the case of co-productions, the cumulated aid intensity may be up to 60% of the production cost.

(7) In the case of commercial or scarce films, the aggregate aid intensity shall not exceed 80 vH of the production costs. A film is commercially difficult or with scarce resources, if it can only be expected to have a low market acceptance and its chances of economic recovery need to be qualified as limited, because of its experimental character or because of its content, its method, its artistic and/or technical design or its cultural claim, it is highly exposed to risks. The cumulative aid intensity may, in exceptional cases, exceed 80% of the production costs, provided that the film project has a particular cultural interest, which is impracticable without the grant of such support, of the promotional advertiser is provided with an appropriate share of its own resources and is guaranteed that the support is limited to the extent actually necessary. "

32. § 11 para. 1 lit. a is:

" (a)

The promotion advertiser must be a natural person with Austrian citizenship, a legal person or a partnership with a company or branch in Austria registered in the company's register and a company location within a contracting party to the Treaty on the Functioning of the European Union (TFEU) or the Agreement on the European Economic Area (EEA), and the responsibility for the implementation of the film project . If the promotional advertiser or the co-author is a legal person or a civil society registered in the company's book, the film institute has contractually ensured that its managing director Institutions for all obligations of the promotional advertising agent personally. "

33. § 11 para. 1 lit. c is:

" (c)

In the case of production promotion within the meaning of § 2 para. 5 lit. c has to bear an own share of the promotional advertiser on the production costs of the film project recognized by the film institute, who do not do so by the film institute or by an Austrian local authority or by any other the Austrian legal person may be financed by public law. The share of the project shall be appropriate to the extent of the project and to the possibilities of the promotional advertising material. The equity may be made up by own funds of the promotional advertiser, the promotional advertiser, the surplus funds, all proceeds from pre-sales and rights guarantees, and expelled funds. Licence shares of co-financing broadcasters will be provided in so far as the resources available to them are available for the production of the project and the transfer ensures appropriate marketing. Within the scope of the self-interest, self-benefits are, in particular, services which the manufacturer/producer as creative producer/creative producer, production manager, director/director, person in a leading role, or as a cinematographer/cameraman for the production of the film, take into account. Further recognized self-benefits and the valuation principles are to be defined in the funding guidelines (§ 14). In the case of an international co-production, the share of the production costs to be financed by the Austrian film producer/producer shall be calculated. "

34. In § 11 para. 1 lit. e and f will be the phrase "The Promotion's Value" in each case by the word sequence "The promotion advertiser/the promotion advertiser" , the phrases "of the promotional advertiser" in each case by the word sequence "der Förderungswerberin/des Förderungswerbers" and the phrase "the promotional advertiser" through the phrase "der Förderungswerberin/dem Förderungswerber" replaced.

35. In § 11 paragraph 1 lit. f will be the word "Visitors" through the phrase "Visitor/Visitors" replaced.

36. § 11 para. 2 lit. a is:

" (a)

one/one in para. 1 lit. a named promotional advertiser who makes the film in his own name and for his own account and bears the responsibility for the implementation of the film project, "

37. § 11 para. 2 lit. b is:

" (b)

who, in the production of the film, have the Austrian nationality and who have an artistic or organisational decision-making authority, and the rest of the staff members/staff members are mainly from Austrian Citizens of the State, "

38. In § 11 para. 4 lit. c will be the phrase "the majority producer shall have its seat" through the phrase "the majority producer/majority producer shall have its seat" , in § 11 para. 4 lit. d the word "Coproducers" through the phrase "Coproducent/co-producers" and in § 11 para. 4 lit. e the word "Filmmakers" through the phrase "Filmmaker/Film Manufacturer" replaced.

39. In Section 11 (5), the word "international" by the word "international" replaced.

40. In Section 11 (8), the phrase "with foreign nationality or stateless persons who have their permanent residence in the territory of the country, or" through the phrase "with permanent domials domesticated with a nationality other than those referred to in § 18 (2), to stateless persons or" replaced.

41. In Section 12 (1), the phrase "the author" through the phrase "the author/author" , the phrase "the manufacturer" through the phrase "the manufacturer/producer" and the phrase "the manufacturer" through the phrase "the manufacturer/manufacturer" replaced.

42. § 12 para. 2 lit. a is:

" (a)

the project appears suitable, taking into account the script and the list of staff and occupations, to improve the quality and cultural identity of the Austrian film and to raise the technical and economic situation of the Austrian film Austrian film industry and the director Austrian/Austrian is the director. If the director/director is not a citizen/citizen according to § 18 para. 2, grants may be granted if, apart from the screenwriter/screenwriter or up to two persons in a starring role, all other filmmakers are Austrians. The Film Institute may grant derogations from these conditions if the overall assessment of the film justifies this, in particular with regard to its cultural and economic impact both domesticly and abroad. "

43. In § 12 para. 2 lit. f will be followed by the word "der Förderungswerber" in each case by the word sequence "the promotional shipyard/the promotional advertiser" replaced.

44. In § 12 para. 2 lit. g will be followed by the word "the manufacturer" in each case by the word sequences "Manufacturer/Manufacturer" replaced.

45. § 12 (5) deleted.

46. In Section 13 (1), the word shall be: "Employees" through the phrase "Employees/Employees" and the phrase "the applicant" through the phrase "the applicant/applicant" replaced.

47. In Section 13 (2), the phrase "the promotional advertiser" through the phrase "the promotional shipyard/the promotional advertiser" replaced.

48. In § 14 (2), after the word "in particular" the phrase "the criteria for determining the cultural content," inserted.

49. In Section 14 (2), the phrase "the beneficiary" through the phrase "the beneficiary/beneficiary" replaced.

50. In Article 15 (1), the word order shall be used in the introduction sentence "that the payment of funding already granted has to be maintained" through the phrase "that the right to secure and unpaid funding will be liftised" and in lit. c of "Point" by the word "or" shall be replaced by the following. d is added:

" (d)

the film institute has been improperly or incompletely informed of essential circumstances. "

51. § 15 (2), introduction and lit. a to c are:

" (2) The Film Institute shall also be required to declare that a loan that has not yet been repaid or a conditional repayable grant is due before the end of the contract or that an otherwise non-refundable grant will be refunded if:

a)

the film institute has been improperly or incompletely informed of essential circumstances,

b)

the project has not been carried out, or has not been carried out in full or in time, by a fault of the beneficiary of the grant/the recipient,

c)

Non-refundable use, non-refundable reports, non-refundable reports, proof of proof of proof of proof of proof, or non-compliance with obligations arising from fault of the recipient of the funding/recipient not being reimbursed have been complied with, or "

Section 15 (3) reads as follows:

" (3) The Film Institute shall also be entitled to the effect that loans or grants, which are made up of the provisions of paragraph 2 of this paragraph. a to c are to be repaid from the day of payment to the recipient of the funding/recipient at 3 per cent above the base interest rate per year. The basic interest rate applicable on the first calendar day of a six-month period shall be decisive for the respective six-month period. "

53. § 17 (1) second sentence is deleted.

Section 18 (2) reads as follows:

"(2) Nationals of Contracting Parties to the TFEU and the EEA are treated as nationals of Austria."

Article 18 (6) reads as follows:

" (6) § 5 para. 1 lit. b in the version BGBl. I n ° 81/2014 refers to the title "Fachverband der Film-und Musikwirtschaft" (Fachverband der Film-und Musikwirtschaft) with reference to the change of the name "Fachverband der Audiovisions-und FilminIndustry" (Fachverband der Audiovisions-und FilminIndustry) Jänner 2015 in force. "

Fischer

Faymann