The MINISTER of heritage and cultural activities and tourism Saw the Legislative Decree January 22, 2004, # 28, as amended, to reform the rules on cinematographic activity; Having regard to the Commission communication on State aid for films and other audiovisual works (2013/C332/01) published in the official journal of the European Union of November 15, 2013; Having regard to the Decree of the Minister for cultural heritage and activities February 8, 2013, adopted pursuant to articles 13 and 14 of the aforementioned legislative decree laying down technical methods to support film production and distribution; Considered the need to replace the aforementioned ministerial decree with a new decree in order to redefine comprehensively, both in terms of the shape of the content, the above method techniques, with the aim of improving significantly the functioning, effectiveness and transparency; After consulting the Permanent Conference for relations between the State, the regions and the autonomous provinces of Trento and Bolzano, at its meeting of May 7, 2015;
Decrees: Art. 1 scope and definitions 1. This Decree regulates, pursuant to articles 13 and 14 of legislative decree January 22, 2004, n. 28, as amended, hereinafter ' Decree ' means the technical modalities for supporting the production and film distribution. 2. For the purposes of this Decree: a) for "film" means, in accordance with the provisions of art. 2, paragraph 1, of legislative decree, the show carried on supports of any kind, including digital narrative or documentary, with content, as long as intellectual work, under the discipline of copyright, for the public, primarily in the cinema, by the owner of the rights; b) ' feature film ' means, in accordance with the provisions of art. 2, paragraph 2, of legislative decree, the movie duration equal to or greater than 75 minutes; c) ' opera prima ' means a feature film made by a filmmaker who has never created works of that kind, which have obtained the authorization for the screening in public or released in cinema in a foreign country; ' opera seconda ' means a feature film made by a filmmaker who has already made no more than a work of this type, which has obtained the permission for the screening in public or both exit in cinema in a foreign country; d) ' short film ' means, in accordance with the provisions of art. 2, paragraph 3, of legislative decree, the film for less than 75 minutes, excluding those with advertising purposes only; and cultural film) ' recognised ' means, in accordance with the provisions of art. 2, paragraph 5, of the Legislative Decree, the Italian national film which is a cultural interest because, in addition to appropriate technical qualifications requirements, it also presents significant cultural or artistic quality or exceptional quality spectacular; f) for the purpose of compliance with the State aid intensity limits laid down by the European Union, to "difficult" means: 1 films) to cinematographic first and second; 2) documentaries; 3) short films; other films that are 4) judged by the Commission for motion pictures provided for in art. 8 of the Legislative Decree, hereinafter: «Commission for cinematography», in the articulation of the latter provided for by art. 5, paragraph 1, letter a) of the Decree of the Ministry of heritage and cultural activities and tourism February 10, 2014 containing "provisions for the composition and restatement of collegiate bodies operating components in the Directorate General for cinema», unable to attract significant financial resources and penalized in reaching a wide audience, based on specific parameters that the same Commission identifies useful in the first session of each financial year; among these parameters, the Commission shall take account of any possible participation in the film at height owner by producers who are not independent according to the next letter s); g) ' films made by young directors ' shall mean the films defined in letters b), c) and d) made by filmmakers who, on the date of submission of the request for recognition of cultural interest laid down in art. 4 of this Decree, have not yet reached the 35th year of age and for whom the same age requirement also engages in at least one of the following figures: scriptwriter, Director of photography, author of original music, author of the scene; h) ' films made by young producers ' means the films defined in letters b) and d) produced by film production companies, entered on the list of companies provided for in art. 3, paragraph 1, of legislative decree, whose legal representative, or the majority of the members of the Board of Directors, have, at the time of submission of the request for recognition of cultural interest under master 35 years age; the) ' original screenplay ' means a special cultural or social script suitable for the production of feature-length film, which is not the result of adaptation to other intellectual work according to law no April 22, 1941 633, as amended; j) ' animated movie ' means, in accordance with the provisions of art. 2, paragraph 4, of legislative decree, the feature defined in b) which is the short film as defined in point d) with images made graphically and animated by means of all kinds of technique and support; k) ' films for children ' means, in accordance with the provisions of art. 2, paragraph 7, of the Legislative Decree, the movie whose content contributes to civic, cultural and ethical education, judged by the Commission for motion pictures based on specific parameters that the same Commission identifies useful in the first session of each financial year, after consultation with the most representative associations; l) ' independent film», means the movie where the share of property rights, to one or more independent production companies, as defined in the letter s) of this subparagraph, is at least sixty percent; m) for «search films», means the movie featuring innovative or experimental aesthetic and artistic, judged by the Commission for motion pictures based on specific parameters that the same Commission identifies useful in the first session of each financial year, after consultation with the most representative associations; n) ' commercial film with high potential ' means the movie conceived, structured and oriented to a wide audience and, as such, strongly attractive to relevant investment of financial resources, judged by the Commission for motion pictures based on specific parameters that the same Commission identifies useful in the first session of each financial year, after consultation with the most representative associations; or) ' film made in majority co-production italiana», means the movie in which, as regards the productive structure, the majority of the shares owned by the undertaking or undertakings of the film is owned by production of Italian nationality as provided for in specific bilateral or multilateral agreements in the field of cinematographic coproductions, or, where appropriate, in accordance with the partnership authorized pursuant to art. 6, paragraph 6, of the Legislative Decree; p) ' film made in minority co-production italiana», means the movie in which, as regards the productive structure, the majority of the shares owned by the film production companies is owned by the undertaking or not of Italian nationality, and where producers of Italian nationality have a stake not less than expected in specific bilateral or multilateral agreements on cinematographic coproductions or, when appropriate, in sharing authorized pursuant to art. 6, paragraph 6, of the Legislative Decree; q) ' film project», means the cinematographic work in progress; which must be considered, for the purposes of this Decree, ended, with simultaneous movie State, coinciding with the time of request of authorization for the screening in public; r) ' film production company "means, in accordance with the provisions of art. 3 of legislative decree, the film production company that has registered office and tax domicile in Italy; It is equivalent, in conditions of reciprocity, the company based and nationality of another Member State of the European Union, which has a Branch Office, agency or branch established in Italy, who plays mostly their activity; s) ' independent film production company ' means the production enterprise, as defined in the letter r) of this subparagraph, engaged in manufacturing activity exclusively or mainly that: 1) is not controlled by or linked to broadcasters; 2) for a period of three years fates at least ninety percent of their production to a single issuer; t) ' independent film distribution company», means the film distribution company with registered office and tax domicile in Italy, being worth the same expected reciprocity clause to the letter r) of this subparagraph, that is not controlled by or linked to national or international tv stations; u) ' export film company ' means the film distribution company with registered office and tax domicile in Italy, being worth the expected reciprocity clause to the letter r) of this paragraph, which sells overseas rights of exploitation of the film; v) "cost of production" of the film refers to the total cost of construction of the proof copy, or master of the film; w) ' distribution costs ' of the film is the set fee for distribution in Italy and abroad distribution costs of the film; x) ' industrial costs» means the sum of the cost of film production and distribution cost, as defined in the letters v and w) of this subparagraph); y) ' eligible costs ' of the movie are the configurations of cost, as defined in the letters v and w) of this paragraph), with limitations and specifications determined by a special Decree of the Director General cinema, adopted within thirty days from the date of entry into force of this Decree, after consultation with the most representative associations and the Commission for cinematography; It is established, however, that: 1) borrowing costs, insurance costs and warranty costs are eligible in the total maximum amount not exceeding 7.5% of the cost of production, and as long as you are directly attributable exclusively to specific cinematographic work for which you require the benefit; 2) personnel costs of production and costs above the line, as defined in the letter z) of this paragraph may not exceed a percentage of the total cost of the cinematographic work defined in the decree envisaged by this letter y); 3) the compensation for the production («producer fee») and overheads of the company are not eligible in the cost eligible and can be attributed each of two voices, to not more than 7.5% of the total cost of production; z) ' costs above the line ' of the movie are the costs related to the Director's fee, the fee for the main actors, the costs for the subject and the script including the acquisition of rights as specified and detailed in Decree envisaged in the letter y) of this subparagraph; AA) ' contribution to the coverage of industrial costs ' of the film refers to the contribution provided by art. 13 of legislative decree approved film projects of cultural interest; BB) ' contribution to distribution and export contribution "of the film are the contributions provided for by art. 14 of legislative decree for the films recognized cultural sites to which you have issued the authorization for the screening in public.