13 JULY 2004. - An Act to Accredit the European Convention on Film Co-production and Annexes I^re and II, made in Strasbourg on 2 October 1992 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. The European Convention on Film Co-production and Annexes I^re and II, made in Strasbourg on 2 October 1992, will come out their full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 July 2004.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL.
The Minister of the Interior,
P. DEWAEL.
The Minister of Economy,
Mrs. F. MOERMAN.
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004
Senate:
Documents. - Bill tabled on 15 March 2004, No. 3-562/1. - Text adopted by the Commission, No. 3-562/2.
Annales parliamentarians. - Discussion, session of 1^er April 2004. - Vote, meeting of 1^er April 2004.
Chamber of Representatives:
Documents. - Project transmitted by the Senate, No. 51-1002/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1002/2.
Annales parliamentarians. - Discussion, meeting of May 6, 2004. - Vote, meeting of 6 May 2004.
(2) See decree of the Flemish Community/ Flemish Region of 28 February 2003 (Moniteur belge of 21 March 2003), Decree of the French Community of 27 March 2002 (Moniteur belge of 18 April 2002), Decree of the German-speaking Community of 6 May 2002 (Moniteur belge du 30 juillet 2002), Decree of the Walloon Region of 30 May 2002 (Moniteur belge du 8 juin 2002), Ordonnance de la

European Convention on Film Co-production
Preamble
States members of the Council of Europe and other States parties to the European Cultural Convention, signatories to this Convention,
Considering that the purpose of the Council of Europe is to achieve a closer union between its members, in particular to safeguard and promote the ideals and principles that are their common heritage;
Considering that freedom of creation and freedom of expression are fundamental elements of these principles;
Considering that the defence of the cultural diversity of the various European countries is one of the purposes of the European Cultural Convention;
Considering that film co-production, an instrument for the creation and expression of cultural diversity at the European level, must be strengthened;
Wishing to develop these principles and recalling the recommendations of the Committee of Ministers on cinema and audiovisual, including Recommendation n R (86) 3 on the promotion of audiovisual production in Europe;
Acknowledging that the creation of the European Fund to Support the Co-production and Dissemination of Film and Audiovisual Artworks, Eurimages, responds to the desire to encourage European film co-production and that a new impetus was thus given to the development of film co-productions in Europe;
Decided to achieve this cultural objective through a common effort to increase production and define rules adapting to all European multilateral film co-productions;
Considering that the adoption of common rules tends to reduce constraints and promote European cooperation in the field of film coproductions,
The following agreed:
CHAPTER I^er. - General provisions
Article 1^er
Purpose of the Convention
The Parties to this Convention undertake to encourage the development of European film co-production in accordance with the following provisions.
Article 2
Scope
1. This Convention governs the relationship between Parties in the field of multilateral co-productions originating in the territory of the Parties.
2. This Convention applies:
(a) co-productions involving at least three co-producers established in three different Parties to the Convention; and
(b) co-productions involving at least three co-producers established in three different Parties to the Convention, as well as one or more co-producers not established in the latter. The total intake of non-developed co-producers in Parties to the Convention may not exceed 30% of the total cost of production.
In all cases, this Convention is applicable only if the co-produced work meets the definition of European cinematographic work as specified in Article 3, paragraph 3, below.
3. The provisions of bilateral agreements between the Parties to this Convention shall remain applicable to bilateral co-productions.
In the case of multilateral co-productions, the provisions of this Convention prevail over those of bilateral agreements between the Parties to the Convention. Provisions concerning bilateral co-productions shall remain in force if they do not contravene the provisions of this Convention.
4. If there is no agreement regulating bilateral co-production relations between two Parties to this Convention, it shall also apply to bilateral co-productions, unless a reservation has been issued by one of the Parties concerned under the conditions set out in Article 20.
Article 3
Definitions
For the purposes of this Convention:
(a) the term "film work" means works of any duration and on any medium, in particular film works of fiction, animation and documentary, in accordance with the provisions relating to the cinema industry existing in each of the Parties concerned and intended to be broadcast in the cinematic theatres;
(b) the term "co-producers" means film production companies or producers established in Parties to this Convention and bound by a co-production contract;
(c) the term "European cinematographic work" means film works that meet the conditions set out in Annex II, which is an integral part of this Convention;
(d) the term "multilateral co-production" means a film produced by at least three co-producers as defined in section 2, paragraph 2, above.
CHAPTER II. - Rules applicable to co-productions
Article 4
Assimilation of national films
1. The European film works carried out in multilateral co-production under this Convention shall enjoy full rights to the benefits granted to national films under the legislative and regulatory provisions in force in each Party to this Convention participating in the co-production concerned.
2. The benefits shall be granted to each co-producer by the Party in which the co-producer is established, under the conditions and limits provided for in the legislative and regulatory provisions of that Party, and in accordance with the provisions of this Convention.
Article 5
Terms of admission to the co-production regime
1. Any co-production of film works must be approved, after consultation with each other and in accordance with the terms set out in Appendix I^rethe competent authorities of the Parties in which co-producers are established. This Annex is an integral part of this Convention.
2. Requests for admission to the co-production regime shall be made, for approval by the competent authorities, in accordance with the provisions of the procedure for submitting applications set out in Annex I^re. This approval is irrevocable except in the event of non-compliance with initial commitments in artistic, economic and technical matters.
3. Projects of a manifestly pornographic nature, those who do apologise for violence or those who openly violate human dignity cannot be admitted to the regime of co-production.
4. The co-production benefits are granted to co-producers who are deemed to have an adequate technical and financial organization, as well as sufficient professional qualifications.
5. Each Contracting State shall state the competent authorities referred to in paragraph 2 above by a declaration made upon signature or upon deposit of the instrument of ratification, acceptance, approval or accession. This statement may be amended at any time thereafter.
Article 6
Proportion of co-producers ' respective contributions
1. In the case of a multilateral co-production, the lowest participation may not be less than 10% and the largest participation may not exceed 70% of the total cost of production of the film. Where the lowest participation is less than 20%, the Party concerned may take steps to reduce or remove access to national production assistance mechanisms.
2. Where this Convention takes place a bilateral agreement between two Parties under the conditions provided for in Article 2, paragraph 4, the lowest participation may not be less than 20% and the largest participation may not exceed 80% of the total cost of production of the film.
Article 7
Rights of co-producers
1. The co-production contract must guarantee to each co-producer the co-ownership of the original negative image and sound. The contract will include a provision to ensure that the original negative is deposited in a place chosen by the co-producers and that free access to it is guaranteed.
2. The co-production contract must also guarantee to each co-producer the right to an internegative or any other support for reproduction.
Article 8
Technical and artistic participation
1. The contribution of each co-producer must necessarily involve effective technical and artistic participation. In principle, and in accordance with the international obligations of the Parties, the contribution of co-producers to creative personnel, technicians, artists, interpreters and technical industries must be proportional to their investment.
2. Subject to the international obligations binding the Parties and the requirements of the scenario, the personnel composing the shooting team must be nationals of the co-production partner States, and the post-production must, in principle, be carried out in these States.
Article 9
Financial co-productions
1. By derogation from the provisions of Article 8, and in accordance with the specific provisions and limits set out in the legislative and regulatory provisions in force in the Parties, may be allowed for the benefit of this Convention co-productions meeting the following conditions:
(a) have one or more minority participations that may be limited to the financial domain, in accordance with the co-production contract, provided that each national share is not less than 10 per cent or more than 25 per cent of the cost of production;
(b) include a majority co-producer who provides effective technical and artistic participation and meets the requirements for the awarding of nationality in his country to the cinematographic work;
(c) contribute to the affirmation of European identity; and
(d) be subject to co-production contracts with provisions relating to the distribution of revenues.
2. The co-production regime shall be granted to financial co-productions only after authorization, provided on a case-by-case basis by the competent authorities, taking into account, inter alia, the provisions of Article 10 below.
Article 10
General balance of trade
1. A general balance must be maintained in film exchanges between the Parties, with regard to both the total amount of investment and artistic and technical participation in co-production film.
2. A Party that finds, after a reasonable period of time, a deficit in its co-production relations with one or more other Parties, may, for reasons related to the maintenance of its cultural identity, subordinate its agreement to a future co-production to restore the balance of its cinema relations with that Party.
Article 11
Entrance and stay
Within the framework of legislation and regulations, as well as existing international obligations, each Party shall facilitate the entry and stay, as well as the granting of work permits on its territory, technical and artistic personnel of the other Parties participating in the co-production. Similarly, each Party shall permit the temporary importation and re-export of equipment necessary for the production and distribution of film works carried out under this Convention.
Article 12
Mention of co-producing countries
1. Film works carried out in co-production must be presented with the mention of co-producing countries.
2. This mention must be clearly included in the generic, commercial advertising and promotional material for film works, and at the time of their presentation.
Article 13
Export
When a film work carried out in co-production is exported to a country where the imports of film works are contingent, and one of the co-producing parties does not have the free entry of its film works in the importing country:
(a) cinematographic work is added in principle to the country's majority quota;
(b) in the case of a cinematographic work with equal participation from the different countries, the cinematographic work is attributed to the quota of the country with the best export opportunities in the country of import;
(c) if the imputation cannot be carried out according to the provisions of subparagraphs (a) and (b) above, the cinematographic work shall be attributed to the Party's contingent that provides the director.
Article 14
Languages
Upon admission to the co-production regime, the competent authority of a Party may require the co-producer established in the latter a final version of the film work in one of the languages of that Party.
Article 15
Festivals
Unless co-producers decide otherwise, co-production film works are presented at international festivals by the Party in which the majority co-producer is established, or, in the case of equal financial participations, by the Party that provides the director.
CHAPTER III. - Final provisions
Article 16
Signature, ratification, acceptance, approval
1. This Convention is open for signature by the States members of the Council of Europe and other States parties to the European Cultural Convention, which may express their consent to be bound by:
(a) signature without reservation of ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Article 17
Entry into force
1. The Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four Member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of Article 16.
2. For any signatory State that subsequently expresses its consent to be bound by the Convention, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or deposit of the instrument of ratification, acceptance or approval.
Article 18
Accession of non-member states
1 Following the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any European State not a member of the Council of Europe and the European Economic Community to accede to this Convention, by a majority decision provided for in Article 20 (d) of the Statute of the Council of Europe, and unanimously by representatives of the Contracting States entitled to sit on the Committee of Ministers.
2 For any Member State or for the European Economic Community, in the event of accession, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession to the Secretary General of the Council of Europe.
Article 19
Territorial clause
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory(s) to which this Convention shall apply.
2. Any Party may, at any time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary-General.
Rule 20
Reservations
1. Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that Article 2, paragraph 4, does not apply in its bilateral co-production relations with one or more Parties. In addition, it may reserve the right to set a maximum participation different from that established in article 9, paragraph 1.a. No other reservation can be made.
2. Any Party that has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary-General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary-General.
Article 21
Denunciation
1. Any Party may, at any time, denounce this Convention by making a notification to the Secretary-General of the Council of Europe.
2 The denunciation shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary-General.
Article 22
Notifications
The Secretary General of the Council of Europe shall notify the member States of the Council, as well as any State and the European Economic Community that has acceded to or has been invited to do so:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance, approval or accession;
(c) any effective date of this Convention, in accordance with its Articles 17, 18 and 19;
(d) any statement made in accordance with Article 5, paragraph 5;
(e) any denunciation notified in accordance with Article 21;
(f) any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg, on 2 October 1992, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each of the States referred to in Article 16, paragraph 1, and to any State and the European Economic Community invited to accede to this Convention.

Annex I^re
Application procedure
The co-producers established in Parties to this Convention shall, in order to avail themselves of the provisions of this Convention, submit, two months before the start of the shooting, an application for admission to the co-production regime by joining the documents listed below. They must be provided to the competent authorities in sufficient numbers to be communicated to the authorities of the other Parties no later than one month before the start of the shooting:
- a copy of the copyright contract or any evidence to verify the acquisition of copyright for the economic exploitation of the work;
- a detailed scenario;
- the list of technical and artistic elements of the countries concerned;
- a detailed estimate and funding plan;
- a work plan for the film work;
- the co-production contract between the co-producers. This contract must include clauses providing for the distribution of income or markets among co-producers.
The request and other documents will be submitted in the language of the competent authorities to which they are submitted. The competent national authorities shall communicate the files so constituted upon their filing. Those of the Party with a minority financial participation will give their consent only after receiving the notice of those of the Party with a majority financial participation.

Annex II
1 A film is European within the meaning of Article 3, paragraph 3, if it contains European elements representing at least 15 points out of a total of 19 points, according to the criteria indicated in the scale below.
2 Based on the requirements of the scenario, the competent authorities may, after consultation with each other, and when they consider that the work nevertheless reflects the European identity, admit to the co-production regime a work consisting of a number of points below the 15 points normally required.
For the consultation of the table, see image
N.B.
(a) The first, second and third roles are assessed on the basis of shooting days.
(b) With respect to Article 8, the term "artistic" refers to the groups "actor creation" and "actor creation", the term "technical" to the group "technical creation and shooting".

European Convention on Film Co-production and Annexes I^re and II, made in Strasbourg on 2 October 1992
For the consultation of the table, see image