Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of the international commitments entered into by France;
In view of Decree No. 55-537 of 28 April 1955 on the publication of the European Cultural Convention in Paris, December 19, 1954,
Clipping:
The European Convention on Cinematographic Co-Production (set two annexes), done in Strasbourg on 2 October 1992, signed by France on 19 March 1993, will be published in the Official Journal of the French Republic.
The The Prime Minister and the Minister for Foreign Affairs shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
EUROPEAN CONVENTION
ON FILM COPRODUCTION
(ENSEMBLE TWO ANNEXES)
Preamble
Member States of the Council of Europe and the other States Parties to the European Cultural Convention, signatories to this Convention,
Considering that the aim of the Council of Europe is to achieve a closer union among its members, in particular to safeguard And to promote the ideals and principles which are their common heritage;
Considering that freedom of creation and freedom of expression are fundamental elements of these principles;
Considering that the defence of diversity European cultural convention is one of the aims of the European Cultural Convention;
Considering that cinematographic co-production, an instrument for the creation and expression of cultural diversity at European level, must be Strengthened;
In order to develop these principles and recalling the recommendations of the Committee of Ministers on cinema and the audiovisual sector, and in particular Recommendation No. R (86) 3 on the promotion of audiovisual production in Europe;
Recognising that the creation of the European Support Fund for the co-production and distribution of creative cinematographic and audiovisual works, Eurimages, responds to the desire to encourage European film co-production and New impetus has been given to the development of film co-productions in Europe;
Decided to achieve this cultural objective by means of a common effort to increase production and to define rules adapted to all European multilateral film co-productions;
Considering that the adoption of common rules tends to reduce the constraints and promote European cooperation in the field of film co-productions,
are Agreed to the following:
Article 1
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
Field Application
1. This Convention governs relations between the Parties in the field of multilateral co-productions originating in the territory of the
. This Convention shall apply to:
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 Parties Different to the Convention, as well as one or more co-producers not established in the Convention. The total contribution of co-producers not established in Parties to the Convention shall, however, not exceed 30 % of the total cost of production.
In all cases, this Convention shall apply only on condition that the co-produced work meets The definition of European cinematographic work as specified in Article 3 (3) below.
3. The provisions of the bilateral agreements concluded 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 shall prevail over Bilateral agreements concluded between the Parties to the Convention. The provisions concerning bilateral co-productions shall remain in force if they do not conflict with the provisions of this
. In the absence of any agreement governing 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 " Cinematographic work " Refers to works of any duration and on any Support, in particular cinematographic works of fiction, animation and documentaries, in accordance with the provisions relating to the film industry existing in each of the Parties concerned and intended to be disseminated in the Film theatres;
(b) The term " Coproducers " 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 cinematographic works meeting the conditions set out in Annex II, which is an integral part of this Convention;
(d) The term " Multilateral co-production " Denotes a work Film produced by at least three co-producers as defined in Article 2 (2), above
Article 4
National Film Assimilation
1. European cinematographic works carried out in multilateral co-production and subject to this Convention shall enjoy the full benefit of the advantages granted to national films under the legislative and regulatory provisions in In each Party to this Convention participating in the relevant co-production.
2. The benefits shall be granted to each co-producer by the Party in which the Party is established, under the conditions and limits provided for in the laws and regulations of that Party, and in accordance with the provisions of this Part Convention.
Article 5
Terms of admission to the co-production system
1. Any co-production of cinematographic works shall receive the approval, after consultation between them and in accordance with the arrangements laid down in Annex I, of the competent authorities of the Parties in which the co-producers are established. The said Annex is an integral part of this Convention.
2. Applications for admission to the co-production scheme shall be established, for approval by the competent authorities, in accordance with the provisions of the procedure for the submission of applications set out in Annex I. This approval shall be irrevocable Except in cases of non-compliance with the original artistic, economic and technical commitments.
3. Projects of a manifestly pornographic nature, those who make an apology for violence or those who openly violate human dignity cannot be admitted to the co-production regime.
4. The co-production benefits are granted to co-producers deemed to have an appropriate technical and financial organization, as well as sufficient professional qualifications.
5. Each Contracting State shall indicate the competent authorities referred to in paragraph 2 above by a declaration made at the time of signature or upon the deposit of the instrument of ratification, acceptance, approval or accession. This declaration can be modified at any time thereafter.
Article 6
Proportions of respective input from coproducers
1. In the case of a multilateral co-production, the lowest participation shall not be less than 10 % and the largest participation shall not exceed 70 % of the total cost of production of the cinematographic work. Where the lowest participation is less than 20 %, the Party concerned may make arrangements to reduce or eliminate access to national production assistance mechanisms.
2. Where this Convention takes the place of a bilateral agreement between two Parties under the conditions laid down in Article 2 (4), the lowest participation shall not be less than 20 % and the largest participation shall not exceed 80 % of the total cost of producing the film.
Article 7
Co-producers' Rights
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 at a mutually agreed location by the co-producers and that the 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 of the co-producers must necessarily involve an effective technical and artistic participation. In principle, and in compliance with international obligations binding on the Parties, the contribution of co-producers to creative personnel, technicians, artists, performers and technical industries must be proportional to their Investment.
2. Subject to international obligations binding on the Parties and the requirements of the scenario, the crew members of the film crew must be nationals of the co-production partner states, and post-production must, in principle, be
Article 9
Financial Coproductions
1. By way of derogation from the provisions of Article 8, and in accordance with the specific provisions and the limits laid down in the laws and regulations in force in the Parties, they may be accepted for the benefit of this Convention Co-productions that meet the following conditions:
(a) Comport one or more minority interests that may be limited to the financial field, in accordance with the co-production contract, provided that each national share is not Not less than 10 % or more than 25 % of the cost of production;
b) Comport a majority co-producer providing effective technical and artistic participation, and fulfilling the conditions required for the grant, at work Cinema, nationality in the country;
(c) Conrunning to the affirmation of European identity; and
(d) The subject of co-production contracts with provisions relating to the distribution of revenue.
2. The co-production scheme will only be granted to co-productions after authorisation, case by case by the competent authorities, taking into account, inter alia, the provisions of Article 10 below.
Article 10
General trade balance
1. A general equilibrium shall be maintained in cinematographic exchanges between the Parties, in respect of both the total amount of investment and artistic and technical participation in cinematographic works by Coproduction.
2. A Party that finds, after a reasonable period of time, a deficit in its co-production reports with one or more other Parties may, for reasons relating to the maintenance of its cultural identity, make its agreement conditional on a The next co-production to restore the balance of its cinematographic relations with this Party.
Article 11
Entry and Stay
Within the framework of legislation and And international obligations in force, each Party shall facilitate entry and residence, as well as the granting of work permits in its territory, of technical and artistic staff of other Parties Participating in the co-production. Similarly, each Party shall permit the temporary importation and re-exportation of material necessary for the production and distribution of cinematographic works carried out under this Convention.
Article 12
Mention of co-producers
1. Cinematographic works produced in co-production must be presented with reference to the co-producing countries.
2. This should be clearly stated in the generic, commercial and promotional material for the cinematographic works, and when they are presented.
Article 13
Export
Where a cinematographic work carried out in co-production is exported to a country where the imports of cinematographic works are subject to quotas, and one of the co-producing Parties does not have the free entry of its works Cinematographic work in the importing country:
a) The cinematographic work is in principle added to the quota of the country whose participation is the majority;
(b) In the case of a cinematographic work involving equal participation Countries, the cinematographic work shall be charged to the quota of the country with the best export opportunities in the country of importation;
(c) If the charge cannot be made in accordance with the provisions of paragraphs a and b Above, the cinematographic work shall be charged to the quota of the Party providing the director.
Article 14
Languages
Upon admission to the co-production system, the competent authority A Party may require the co-producer established in the latter a final version of the cinematographic work in one of the languages of that Party.
Article 15
Festivals
A less than Co-producers shall not decide otherwise, cinematographic works produced in co-production shall be presented at international festivals by the Party in which the majority co-producer is established, or, in the case of financial contributions Equal, by the Party providing the director
Article 16
Signature, ratification, acceptance, approval
1. This Convention shall be open for signature by the member States of the Council of Europe and other States Parties to the European Cultural Convention, who may express their consent to be bound by:
(a) Signature, without reservation 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 shall 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
. For any signatory State which subsequently expresses its consent to be bound by the Convention, it 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 filing of The instrument of ratification, acceptance or approval.
Article 18
Membership of non-member states
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any European State which is not a member of the Council of Europe and the European Economic Community to accede to this Convention, by A decision taken by a majority, provided for in Article 20 of the Statute of the Council of Europe, and unanimously by representatives of the Contracting States having the right to sit on the Committee of Ministers.
2. For any acceding State or the European Economic Community, in the case 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. 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 applies.
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
. Any declaration made under the two preceding paragraphs may be withdrawn, in respect of 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 three months after the date of receipt of the notification by the Secretary General.
Article 20
Reservations
1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that Article 2 (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 laid down in Article 9 (1) a. No other reserves can be made.
2. Any Party which 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 sending a notification to the Secretary-General of the Council of
. 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 having acceded to this Convention or having been invited to do so:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any date of entry into force of this Convention in accordance with Articles 17, 18 and 19;
(d) Any declaration 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 witness whereof, the undersigned, duly authorized to that effect, Signed this Convention.
Done at Strasbourg, on 2 October 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each of the States referred to in Article 16 (1) and to any State and the European Economic Community invited to accede to this Convention.
A N N E X E I
APPLICATION PROCEDURE
Co-producers established in Parties to this Convention shall, in order to benefit from the provisions of this Convention, submit two months Before the beginning of the filming, an application for admission to the co-production scheme by including the documents mentioned below. These must reach the competent authorities in sufficient numbers so that they can be communicated to the authorities of the other Parties no later than one month before the start of filming:
-a copy of the contract for the acquisition of copyright 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 quotation and a plan of Detailed funding;
-a work plan for the cinematographic work;
-the co-production contract between the co-producers. This contract must include clauses providing for the distribution between co-producers of revenue or markets.
The application and other documents will be presented if possible in the language of the competent authorities to which they are subject.
The competent national authorities shall communicate the files thus constituted as soon as they are deposited. Those of the Party with a minority financial contribution will only give their consent after receiving the opinion of those of the Party with a controlling interest.
A N N E X E I I
1. A cinematographic work is European within the meaning of Article 3 (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. In view of the requirements of the scenario, the competent authorities may, after consultation between them, and when they consider that the work nevertheless reflects the European identity, admit to the co-production scheme a work comprising a number of Points lower than the 15 points normally required.
You can view the table in OJ
n ° 26, 31/01/2002 page 2085 to 2088
RESERVES
1. Pursuant to Article 20 (1) of the Convention, the Government of the French Republic declares that Article 2 (4) does not apply to bilateral coproduction relations of France with any other party to the Convention.
2. Pursuant to Article 20, paragraph 1, of the Convention, the Government of the French Republic declares that it reserves the right to admit to the benefit of this Convention multilateral co-productions with one or more Minority interests which may be limited to the financial field and for which the maximum participation is different from that laid down in Article 9 (1) a
Done at Paris, January 24, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
Foreign Minister,
Hubert Vedrine
