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Law Of 30 June 2005 On Cinematography

Original Language Title: USTAWA z dnia 30 czerwca 2005 r. o kinematografii

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ACT

of 30 June 2005

of cinematography

Chapter 1

General provisions

Article 1. [ Regulatory scope] The Act sets out the principles of supporting film creation and other activities in the field of cinematography and the protection of film art resources.

Article 2. [ Exemption of application] The Act shall not apply to:

1. Audiovisual registration:

(a) performances of verbal, word-and musical, musical and stage works,

(b) events in political, social, cultural, religious, economic and sporting life,

(c) drawn up for the purposes of science, teaching, technology, advertising, promotion, information and instruction,

(d) drawn up for the internal use of churches and other religious associations,

(e) events from private life;

2) production of film and dissemination of films by the organizational units subordinate to the Minister of National Defence and the minister competent for internal affairs or commissioned for the production by such entities, intended for the performance of tasks connected with the defence and security of the State or public order, as well as the production of films and the dissemination of films by the organizational units of the prison subordinate to the Minister of Justice or commissioned for production by such entities, designed to carry out tasks in the field of instruction and protective and rehabilitative activities.

Article 3. [ The Mecenat over the activities in the field of cinema] 1. The State shall exercise a patron of the activities in the field of cinematography as a part of national culture, consisting in particular of supporting the production and promotion of film, the dissemination of film culture and the protection of cultural heritage in the film area.

2. Cinematography includes film creation, film production, film services, distribution and dissemination of films, including the activity of cinematographers, dissemination of film culture, promotion of Polish film creation and collection, protection and the dissemination of film art resources.

Article 4. [ Film-definition] 1. Film is a piece of any length, including a documentary or animated track, composed of a series of consecutive images with or without sound, fixated on any media enabling multiple playback, inducing the impression movement and making up the original whole, expressing the action (content) in an individual form, and in addition, with the exception of documentary and animated works, intended for display in cinema as the first field of operation within the meaning of the provisions o copyright and related rights.

2. The film shall be considered as a Polish film, if its producer or co-producer is an entity established in the territory of the Republic of Poland, and furthermore, at least one of the conditions is met:

1) the author of the script or the adapted literary work, the director and the performer of one of the main roles are Polish citizens, the share of financial resources of the producer established on the territory of the Republic of Poland in the cost of film production is 100%, with these measures, up to 80% of the cost of production of the film, must be spent on the territory of the Republic of Poland, and moreover the master copy is made in Polish;

2) the author of the script or the adapted literary work or the director, or the contractor of one of the main roles are Polish citizens, the share of the funds of the coproducenta established on the territory of the Republic of Poland in the cost of production film accounts for at least 20% in the film being a bilateral co-production and at least 10% in the film being a multilateral co-production, with these measures, up to 80% of the cost of production of the film, must be spent on the territory of the film The Republic of Poland, and moreover, the main language version is made in Polish.

Article 5. [ Definitions] The terms used in the Act shall mean:

1) distribution of the film-the acquisition of the right to exploit the film, including the right to make a copy of the film and to adapt the film to operate in a language version other than the one in which it was manufactured, and to transfer this right to other entities in order to film dissemination;

2) low-budget film-a film whose cost of production is lower than twice the maximum amount of funding of the film established for a given year by the Council of the Polish Institute of Film Art;

3) cinema-the place and team of technical devices for the public display of the film;

4) master copy-a copy of the film constituting a model in the production of the operating copies;

5) coproducent film-an entity which, together with the producer, organizes, conducts and bears responsibility for the production of the film or which co-finances the production of the film and acquires the complicity in the copyright of property rights;

6) producer of the film-the natural person, legal person or organizational unit referred to in art. 33 1 § 1 of the Civil Code, which takes the initiative, actually organizes, conducts and bears the responsibility for the creative, organizational and financial process of producing the film;

7) production of film-a team of creative, organizational, economic, legal and technical tasks leading to the production of the film in the form of a master copy;

8) dissemination of film-public making of the film in any way, with the exception of broadcasting by television broadcasters;

9) dissemination of film culture-activities consisting in organizing reviews, festivals, film culture days, symposia and other similar cultural and educational activities, as well as publishing of journals and scientific publications and cultural, film art;

10) film services-services provided in the course of business activities carried out by entrepreneurs to producers for the purposes of film production, covering in particular the activities carried out with the assistance of their own employees, making available rooms and photo halls, non-service film equipment and the performance of specialized transport services.

Article 6. [ Competence of Minister responsible for Cultural and National Heritage Protection] 1. The tasks of the bodies of government administration in the field of cinematography shall be implemented by the Minister competent for the affairs of culture and the protection of national heritage, hereinafter referred to as "the Minister".

2. The Minister shall, in particular, be responsible for:

1) designing directions of implementation of the cultural policy of the state in the field of cinematography;

2) ensuring universal access of society to the achievements of Polish, European and global film art;

3) creating conditions for the development of all genres and types of film creations;

4) supporting the artistic development of young creators;

5) support for education and vocational training and the protection of film professions;

6) support the dissemination of film culture and action for the development of social film movement and film literacy.

Chapter 2

Polish Institute of Film Art

Article 7. [ Polish Institute of Film Art] 1. In order to support the development of cinematography, the Polish Institute of Film Art is formed, hereinafter referred to as the "Institute", being a state legal person.

2. The seat of the Institute is the capital city of Warsaw.

Article 8. [ Scope of the Institute's operation] 1. The Institute carries out tasks in the field of state policy in the field of cinematography, in particular by:

1) creating conditions for the development of Polish production of films and film co-productions;

2) to inspire and support the development of all genres of Polish film creation, and in particular artistic films in this preparation of film projects, film production and film dissemination;

3) support activities aimed at creating conditions for universal access to the acquis of Polish, European and global film art;

4) supporting film debuts and the artistic development of young film makers;

5) promotion of Polish cinematographic creation;

6) subsidizing projects in the field of preparation of film projects, film production, film distribution and film dissemination, promotion of Polish film creation and dissemination of film culture, including the production of films undertaken by the non-polonic environments;

7) the provision of expert services to public administration bodies;

8) supporting the holding of film archives;

9) to support the development of the potential of the Polish independent cinematographic industry, and in particular, small and medium-sized entrepreneurs operating in cinematography.

2. The Institute, in terms of carrying out the tasks referred to in the paragraph. 1, cooperates with the authorities of government administration and local government units.

Article 9. [ The housekeeper of the city] 1. The Institute shall be self-holding, and shall conduct the independent economy within its own resources, and shall be guided by the principle of efficient use.

2. The Institute shall not carry out economic activities.

Article 10. [ Supervision of the activities of the Institute] 1. Supervision of the activities of the Institute shall be exercised by the

2. The Minister, within 30 days, shall examine the resolutions adopted by the Board of the Institute and sent to him immediately by that body, in terms of legality, and shall state the invalid resolution in whole or in part, if it violates the law or creates the risk of a negative financial result.

3. The Minister approves the annual activity plan and the draft annual financial plan of the Institute; the approved draft annual financial plan of the Institute shall be forwarded to the Minister responsible for public finance affairs in the mode specified in rules on the work on the draft budget law.

4. The Minister shall consider and approve the annual activity report and the Institute's annual financial statements.

5. The Minister shall indicate the auditor to audit the annual accounts.

Article 11. [ Legal basis for the Institute's operation] 1. The Institute acts on the basis of statute and statute.

2. The Minister shall, by order of order, give the Institute a statute, in which he shall determine in particular:

1) the detailed scope of the Institute's operation,

2) the internal organisation of the Institute,

3) detailed tasks of the Institute's bodies and the mode of their operation

-having regard to the creation of appropriate conditions for the proper implementation of the tasks by the Institute.

3. The order referred to in paragraph 1. 2, shall be announced in the Official Journal of the Republic of Poland "Monitor Polski".

Article 12. [ Authorities of the Institute] The Institute's bodies are:

1. Director of the Institute, hereinafter referred to as "the Director";

2. the Council of the Institute, hereinafter referred to as "the Council".

Article 13. [ Director of the Institute] 1. The director directs the Institute and represents it outside.

2. The tasks of the Director shall be in particular:

1) the development of the annual activity plan and the draft annual financial plan of the Institute, as well as the presence of the Minister with proposals on the amount of grants for the implementation of the Institute's tasks;

2) draw up an annual report on the activities of the Institute and the Institute's annual financial statements;

3) subsidizing projects in the preparation of film projects, film production, distribution and dissemination of films, promotion of film creation and dissemination of film culture, after consultation of the experts indicated by the a minister from among the film-makers;

4) the management of the Institute's wealth management;

5) conducting the financial economy of the Institute.

3. The Director may establish scholarships and rewards from the Institute's resources.

Article 14. [ Appointment of Director of the Institute] 1. The Director shall appoint the Minister after the competition. The competition committee shall be appointed by the Minister, in particular from the candidates declared by the film environments, including the filmmakers and film producers and the trade unions in cinematography.

2. The term of office of the Director shall be 5 years.

3. The function of the Director may be performed no more than two terms of office.

4. The Deputy Director shall appoint and dismiss the Minister on a proposal from the Director.

5. The Director and his Deputy shall be recruited on the basis of appointment, except that Article shall not apply to the Director. 70 § 1 of the Labour Code.

6. The Minister may revoke the Director, after consulting the Council, before the expiry of his term of office in the case of:

1) actions in violation of the law;

2) renunciation of the function;

3. a disease preventing the functioning of the function;

4) sentencing a final sentence for a deliberate offense or a deliberate treasury offence;

5) the non-approval of the Institute's annual financial statements;

6) the Council's negative opinion in the field referred to in art. 17 para. 1 point 3.

7. In the cases referred to in paragraph. 6, the Minister may also revoke the Director at the request of the Council.

8. During the period of the management of the Institute, the Director may not carry out other activities related to cinematography, and in particular to be employed in institutions of culture and entities performing economic activities in the field of film production and the distribution of films, hold shares or shares in such entities, and be a member of their bodies.

9. The Minister shall determine, by means of a regulation, the manner of publication, organisation and mode of conduct of the contest, as well as the composition, method of appointment and the tasks of the competition committee, taking into account, in particular, the need for a smooth conduct of the competition and comprehensive assessment of the qualifications of candidates.

Article 15. [ Council of the Institute] 1. The Council shall consist of eleven members appointed for a period of 3 years by the Minister.

2. The Minister shall establish the following:

1) three members reported by film creators;

2) one member reported by the film producers;

3) one member reported by the trade unions acting in the sphere of cinematography;

4) the five members reported by the entities referred to in art. 19 (1) 1-5;

5) one member representing the Minister.

3. The Council's work shall be chaired by the Chairperson elected by the Council from among its members by a secret ballot, by a simple majority of votes in the presence of at least six members. The Council may, during its term of office, in the same mode, amend its chairman.

4. You cannot act as a member of the Council for more than two consecutive terms of office.

5. There is no remuneration for the function of a member of the Council.

Article 16. [ Appeal of a member of the Council before expiry of the 1. The Minister may revoke a member of the Council before the expiry of the term of office in

1) renunciation of the function;

(2) a disease which prevents the function of function;

3) sentencing a final sentence for a deliberate offense or a deliberate treasury crime.

2. In the event of an appeal by a member of the Council before the expiry of the term of office, the Minister shall appoint a new member of the Council for the

Article 17. [ Council tasks] 1. The tasks of the Council shall be in particular:

1) demarcation of the Institute's directions;

2) the opinion of the annual activity plan and the draft annual financial plan of the Institute;

3) the opinion of the annual activity report and the Institute's annual financial statements;

4) give an opinion on amendments to the Statutes

2. The Council may present to the Minister, other public authorities and to the Director of the position, opinions or conclusions in all matters concerning the Institute and cinematography.

Article 18. [ Revenues of the Institute] 1. The Institution of the Institute shall be:

1) subjective grants from the state budget, conveyed by the minister from the appropriations included in the budget part of which he is the authorising officer;

2) revenues from the operation of films to which the author's property rights are entitled to the Institute;

3) donations, declines and records;

4) income from the assets of the Institute;

5) [ 1] appropriations awarded by the Minister of the Fund for the Promotion of Culture referred to in art. 87 of the Act of 19 November 2009. o Gambling games (Dz. U. Nr. 201, pos. 1540);

6) the payments referred to in art. 19 (1) 1-5, 6 and 7;

7) the revenues referred to in art. 27a, point 4, and art. 45b of the Act of 16 July 1987. about the state film institutions (Dz. U. 2003 r. Nr 58, pos. 513 and 2005 Nr 132, pos. 1111).

2. The Institute may receive customs subsidies from the state budget for the implementation of investment tasks.

3. The costs of the Institute's activities shall be covered by the revenues referred to in the paragraph. 1 points 1, 3 and 4.

Article 19. [ Entities obliged to pay to the Institute] 1. The operator of the cinema shall make a payment to the Institute at 1.5% of the revenue obtained from the display of films and advertising in the cinema, before division with the distribution operator.

2. The distribution provider shall pay to the Institute at a rate of 1,5% of the revenue obtained from the sale and the hiring of the media with the films recorded on them, and from contracts authorising the other entities to such sale or hire.

3. The sender of the television programme shall make a payment to the Institute at 1.5% of the revenue obtained from the issue of advertising, telescopes and sponsored programmes or the revenue derived from the fees paid directly from the subscribers for access to If the income is higher for a given financial period, the program is awarded to the program.

4. The operator of the digital platform shall make a payment to the Institute equal to 1.5% of the revenue obtained from the revenue coming from the fees for access to television programmes broadcast or reissued on the digital platform.

5. The cable operator shall make a payment to the Institute at 1.5% of the revenue generated by the revenue generated by the fees for access to the television programmes being reissued and the provision of the reissue services.

6. A regulated entity within the meaning of the rules on competition and consumer protection by the entity referred to in paragraph 1. 1-5, makes a payment to the Institute in the amount of 1.5% of the revenue obtained from the titles referred to in paragraph. 1-5. In that case, the inspection body may from the amount due to the Institute in respect of the title referred to in paragraph 1. 1-5, to deduct, during a given financial period, the amounts actually paid to the Institute for this title, in the same accounting period, by a controlled entity within the capital group.

7. The public broadcaster is obliged to dedicate to the production of films no less than 1,5% of the annual revenue from the subscription for the possession of television sets. For the purpose of this obligation, the consignor shall report to the Director an annual report by the end of the first quarter of the calendar year. Where the amount referred to in the first sentence is not entirely spent on the production of films, the broadcaster shall transfer the difference resulting from the settlement to the Institute within 1 month of the end of the first quarter of the calendar year.

8. The payments referred to in paragraph 1 1-5 and 6, are transmitted in quarterly periods, within 30 days after the end of the quarter.

9. [ 2] For payment entitlements as referred to in paragraph 1 1-5, 6 and 7, the provisions of Chapter III of the Act of 29 August 1997 apply accordingly. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, Nr. 85, pos. 727 and No. 86, pos. 732), except that the powers of the tax authority are conferred on the Director and the powers of the Board of Appeal are conferred on the Minister.

10. The payments referred to in paragraph 1 1-5, 6, and 7, are the costs of obtaining revenue, within the meaning of the Income Tax Regulations, on the date of their incurring.

Article 20. [ Annual financial plan] 1. The basis of the financial economy of the Institute is the annual financial plan.

2. The annual financial plan shall include in particular:

1) revenues, including grants with the extraction of their genera;

(2) operating costs, including expenditure on salaries and fees charged on salaries;

(3) investment expenditure;

4. the state of the operating measures at the beginning and end of the financial year.

3. The Institute's financial year shall be the calendar year.

4. The Institute conducts accounting on the principles specified in the accounting regulations.

5. The Institute's annual financial report shall be audited by an auditor.

Article 21. [ Funds of the Institute] 1. The Institute shall create:

1) the statutory fund;

(2) the reserve fund;

(3) other funds, if the obligation to create them is due to separate provisions.

2. The statutory fund shall reflect the value of the property received by the Institute at the time of creation.

3. The statutory fund shall be increased by:

1) the special-purpose subsidies for investments in the implementation of the Institute's tasks;

2) the value of the property obtained free of charge on the basis of decisions of the competent authorities or on the basis of separate regulations;

3. net profit, taking into account the paragraph. 5.

4. The statutory fund shall be reduced by:

1) the value of the property transferred free of charge on the basis of decisions of the competent authorities or on the basis of separate regulations;

(2) net loss not covered by the reserve fund.

5. The reserve fund shall be made up of net profit. The write-off of the reserve fund shall not be less than 10% of net profit. The Institute may refrain from writing if the state of the reserve fund exceeds the equivalent of 2% of the Institute's operating costs in the financial year.

6. The reserve fund shall be used to cover the net loss.

Chapter 3

Subsidizing projects in the preparation of film projects, film production, film distribution and film distribution, promotion of Polish film creation and dissemination of film culture

Article 22. [ Funding of the project] 1. With the application for funding of the project in the scope of preparation of film projects, film production, film distribution and film distribution, promotion of Polish film creation and dissemination of film culture, hereinafter referred to as "the financing of the project", any entity operating in the field of cinematography, both Polish and another Member State of the European Union, of the Swiss Confederation or of a Member State of the European Union may occur. Agreements on Free Trade (EFTA)-parties to the agreement on the European area Economic, regardless of organisational and legal form, and the structure of property, subject to the paragraph. 2.

2. The Institute shall not grant a financing of the project:

1) to a natural person convicted by a final sentence for the offence of making false statements, of bribery, against the reliability of documents, property, economic defence, defence of money and securities, and the banking system, treasury offences or other activities related to the performance of business activities or committed in order to achieve the financial gain;

(2) a legal person or an establishment which is not a legal person in which a person who is a member of his governing bodies or an associate has been convicted of a criminal offence referred to in point 1;

3. an entity which:

(a) has an arrears of public-law claims or

(b) it remains under the authority of a committee or is in the course of liquidation, insolvency proceedings, recovery proceedings, or

(c) in a period of 3 years prior to the submission of the application for financing, the undertaking infringed in a material manner the contract concluded with the Institute.

3. The financing of the project shall be provided on the basis of the following criteria:

1) artistic, cognitive and ethical values;

2) the importance for national culture and the strengthening of the Polish tradition and the native language;

3. enrichment of European cultural diversity;

4) the anticipated effects of the planned undertaking;

(5) the economic and financial conditions of implementation.

Article 23. [ Grants, loans, sureties] 1. The financing of the project is carried out in the form of a grant, and in relation to the projects in the scope of preparation of film projects and film production also in the form of granting a loan or surety.

2. The financing of the project may not exceed 50% of the film's budget, except for films whose content and form are ambitious artistically and which have limited commercial or directorial debuts (difficult film) and films low-budget. In any event, the amount of the project shall not exceed 90% of the budget of the project.

3. The Institute shall grant financing to the project by means of a civil-law contract, which the Director shall, on behalf of the Institute, include the Director, after consulting the experts.

4. The Institute as the awarding authority of the project is obliged to audit the settlement of the proceeds and the costs of the financed project. The audit shall also be subject to the course and manner of execution of the project and the correctness of the use received from the Institute for funding

5. The entity receiving the financing of the project is obliged, in case of profit from the project, to repay the financing of the project on the basis stipulated by the provisions on public finances.

6. The Minister will determine, by means of a regulation:

1) the detailed conditions and modus of the financing of the project, as well as the essential elements of the application for the grant of the project,

2) the essential elements of the civil-law contracts referred to in the paragraph. 3

-having regard to the need to achieve the objectives set out in the Article 3 para. 1, the efficient and effective use of the financing of the project and ensuring the transparency of its award.

Article 24. [ Experts] 1. Experts referred to in art. 23 (1) 3, appoint, in the number of at least 7, the minister from among the representatives of film circles and opinion-forming environments for a period of 12 months.

2. The expert opinions shall be drawn up in writing and include a detailed analysis of the project in terms of the criteria referred to in art. 22 par. 3.

3. An expert drawing up an opinion may not in any way be connected with the execution of the project under consideration.

Article 25. [ How to use the funds obtained] The recipient of the project is obliged to use the funds obtained in accordance with the purpose for which it was obtained and in accordance with the contract for the financing of the project. This also applies to bank interest from the funds received in the context of the financing of the project.

Article 26. [ Examination of documents and other media information] 1. Within the framework of the checks referred to in Article 23 (1) 4, authorised staff of the Institute may examine documents and other media of information which they have or may be relevant for the assessment of the correctness of the use of the financing of the project, and request to be given orally or in writing of the information concerning the implementation of the project.

2. The Minister shall determine, by way of regulation, the detailed mode and manner of carrying out the checks referred to in Article 3. 23 (1) 4, taking into account the need to achieve the objectives set out in the Article. 3 para. 1, and the efficient and effective use of the financing of the project.

Article 27. [ Withdrawal from the grant agreement] 1. The Institute may depart from the contract for financing the project in the event of the use of the financing of the project not in accordance with the intended, untimely or improper performance of the contract, including, in particular, the reduction the scope of the project to be covered by the project, based on the results of the audits and evaluation of the implementation of the proposals and the follow-up recommendations

2. The Institute shall determine the amount used for the misuse together with the statutory interest accruing from the date of the transfer of the funds, the time limit for its return and the name and number of the account to which the payment should be made.

Chapter 4

Collection, protection and dissemination of film art resources

Article 28. [ Filmoteka Narodowa] 1. Activities in the field of protection of the national cultural heritage in the field of cinematography shall be conducted by Filmoteka Narodowa and regional filmoteics.

2. The tasks of the National Filmoteka shall be in particular:

1. collection and protection:

a) negative materials, exemplary copies and other archival copies of Polish films,

(b) archival copies of films which are not Polish films, if these films are of significant importance for Polish culture, science or social life;

2) the development of the methodology of archiving Polish films and Polish historical-film documentation;

3) collection and archiving of documentation on film production and dissemination of films;

4) the dissemination of film culture, including the provision of film art resources;

5) collection of library collections and exhibits concerning the history of film and cinematography;

6) conducting a catalogue of film works;

7) cooperation with national and foreign entities;

8) cultural and educational activities as well as publishing.

3. The National Filmoteka shall make available to the Institute the collected film materials, including starting materials and promotional materials, in order to use them for the activities specified in the Act or in the Statutes. The fees for making the material available shall be determined by the Minister by way of order.

4. Local authorities may create regional filmoteers in the form of local cultural institutions within the meaning of the Act of 25 October 1991. about the organisation and running of cultural activities (Dz. U. of 2001. No 13, pos. 123, of late. 1. 1) ). The scope of action of regional filmoes shall be defined in paragraphs 2, with particular reference to the cultural heritage of cinematography in the region.

5. For the activities of the National Philharmonic and regional filmoets in the scope of the state archival stock, referred to in the paragraph. 2 points 1 to 3, the Act of 14 July 1983 shall apply. about the national archival resource and archives (Dz. U. of 2002. No. 171, item. 1396, of late. 1. 2) ).

Article 29. [ Budgetary grant, revenue from film distribution] The National Filmoteka receives a budget grant for its activity. The revenues of the National Filmoteka are also revenues from the distribution of films to which it is entitled to copyright and the fees resulting from the services provided.

Article 30. [ Forwarding of a copy of the film and documentary material linked to production] The producer of the film transmits one copy of the untapped copy of every film produced and documentary materials related to the production of the film free of charge to the National Philharmoniker, in particular the script, the assembly and the dialogue list, the photosensits, posters, a list of subtitles and advertising materials-within 30 days after the end of production, no later than on the date of commencation of the film distribution.

Chapter 5

Amendments to the provisions in force

Article 31. [ Law on Cinematography] In the Act of 16 July 1987 o cinematography (Dz. U. 2003 r. Nr 58, pos. 513) is amended as follows:

1. the title of the Act shall be replaced by

'on state film institutions';

2. Article 1 is replaced by the following

" Art. 1. The Act shall apply to those set up before 1 January 2006. state film institutions and film ensemers operating in them. ';

3. Article 3 2-4;

4. Chapter 2 shall be repealed;

5. Chapter 3 is replaced by the following:

"State Film Institutions";

6. 14 and 15;

7) art. 16 is replaced by the following

" Art. 16. The founding body for the state organizational units of cinematography is the minister competent for the affairs of culture and the protection of national heritage. ";

8) in art. Paragraph 17 shall be repealed. 2 and the mark of the mouth. 1;

9. the Article shall be repealed. 18-19;

10) used in art. 20 para. 1, art. 21 (1) 1-4 and 8, art. 22 par. 1, 4, and 5, art. 23 (1) 2 and 3, art. 24 ust. 3, art. 28 para. 1, art. 29 in the introductory sentence, art. 30 par. 3, art. 31 par. 1 and 2 in the introductory sentence, art. 32 par. 1 and 2, art. 34 par. 1 in the introductory sentence, art. 35 par. 1 in the introductory sentence and in paragraph 1. 2, in art. 37 par. 1, in art. 38 par. 1 point 2, art. 39, art. 40 par. 1, art. 41 par. 1 and 2 in different numbers and case the words "film institution" shall be replaced by the words "state film institution" in the appropriate number and case;

11) in art. 20 para. 2.

" 2. The crew of the state film institution participates in the management of the institution according to the rules laid down in the regulations on the self-government of the crew of the state-owned enterprise, subject to art. 33 and 39. ';

12) in art. 21 shall be repealed. 7;

(13) Article 13 (2) of 23a;

14. 25 is replaced by the following

" Art. 25. 1. The Minister for Culture and the Protection of National Heritage may, by way of ordinance, combine the state film institutions set up before 1 January 2005.

2. The merger of the state film institutions shall be subject to the provisions of Article 4. 18 (1) 2 and Art. 19 (1) 1-3 and para. 4. First sentence of the Act of 25 October 1991. about the organisation and running of cultural activities (Dz. U. of 2001. No 13, pos. 123, of late. 1. 3) ).

3. From the date of entry into the register of the newly established state film institution, the minister competent for culture and protection of national heritage shall draw out from the register the state film institutions which have been combined. ";

15. Articles shall be repealed. 26;

16) art. 26a is replaced by the following:

" Art. 26a. The Act of 25 September 1981 shall apply mutatis mutandis to the liquidation and bankruptcy of a State film institution. o State-owned enterprises (Dz. U. of 2002. No. 112, item. 981 and No. 240, pos. 2055 and 2004 Nr 273, poz. 2703), except that:

1) the liquidation of the state film institution consists in the solicitation of the material and intangible elements of this institution to the Polish Film Institute, subject to point 5, and the deletion of the state film institution from the register film institutions as referred to in art. 22, after the veil or collateralisation of creditors. If the creditor of the liquidated state film institution is the State Treasury, the claims on the date of the decision to liquidate shall be decommissioned;

2. the liquidation of the state film institution, subject to point 3, may take place on a joint request of the director and the staff council of the state film institution. Decisions on winding-up shall be taken by the Minister responsible for cultural and national heritage protection;

(3) if the conditions laid down in Article 3 are met. 19 (1) Article 1 (1) of that law or of the State filing institution does not fulfil the tasks set out in the statutes or until 31 December 2010. no decision has been taken on the liquidation of the state film institution or the state film institution has not been commercialised-the institution is subject to liquidation on the initiative of the minister competent for culture and the protection of national heritage;

4. Article 19 (1) 2, art. 20, art. 22 and art. 23 of this Act does not apply,

5) from the date of the liquidation or the declaration of bankruptcy of the state film institution the copyright of the property rights of the institution shall become free of charge by the National Philharmonic. ";

17) art. 27 is replaced by the following

" Art. 27. The state film institution, at the request of the state purse, may be transferred to the administration of the voivodship on the basis specified in the agreement of the minister competent for the affairs of culture and the protection of the national heritage with the management of the voivodship. ";

18) art. 27a is replaced by the following:

" Art. 27a. 1. The provisions on commercialisation and privatisation shall apply mutatis mutandis to state-owned film institutions, except that:

1) the commercialization of the state film institution can be made at the request of the minister competent for culture and protection of national heritage or with the consent of this minister on a joint request of the director and the staff council of the state film institution;

2) in the event of a decision on the privatization of the state film institution the resources of film art gathered in this institution become free of charge the ownership of the National Philharmonic and are subject to the transfer of it;

3) privatizations are not subject to the copyright of property rights to films produced up to 31 December 1989. the state-owned film institution; in the event of its privatization, these rights become free of charge by the Polish Film Institute;

4) the proceeds from the privatization of the state film institution are the clinics of the Polish Film Institute;

5) of the drawing up of the act of commercialization or the decision on the privatization of the state film institution shall be notified to the Director of the Polish Film Institute, which has the right to inspread the accounting documentation and commercial books of the company arising from the transformation of the state film institution and shall have the right to submit observations and to request that the company be privatised, until it is privatised;

6) as of the date of preparation of the act of commercialization of the state film institution the institution has drawn from the register of film institutions referred to in art. 22;

7) at the request of the minister competent for culture and protection of the national heritage or minister competent for the State Treasury, the Council of Ministers may in the form of a resolution to give consent to other than public mode of disposal of shares or shares Commercialised state-owned film institutions through their free transfer to the Polish Film Institute, which is obliged to do them within 12 months from the date of the transfer.

2. The provisions of the paragraph. 1 shall not infringe the rights of the creators under the Act of 4 February 1994. about copyright law and related rights (Dz. U. 2000 r. Nr 80, pos. 904, with late. 1. 4) ), in particular concerning new fields of operation. ';

19) in art. Paragraph 28 shall be repealed. 2, 3 and 5;

20) art. 33 is replaced by the following

" Art. 33. The State Film Institution shall operate on the basis of a plan which shall be established by the Director after consultation of the advisory and advisory bodies and shall then approve the Minister for Culture and the Protection of National Heritage. ';

21) in art. 34 par. 2.

" 2. In the cases referred to in paragraph 1. 1, the minister competent for culture and the protection of national heritage shall provide the state film institution with the means necessary to carry out the task imposed. ";

22) art. 45 is replaced by the following

" Art. 45. 1. The state-owned film institution shall conduct the financial economy on its own, covering the costs of the activities and liabilities generated from the revenues.

2. The basis of the financial economy of the state film institution shall be the annual financial plan, which shall be determined by the Director after consulting the advisory and opinion bodies.

3. The annual financial plan shall include in particular:

1) revenues, including grants with the extraction of their genera;

(2) operating costs, including expenditure on salaries and fees charged on salaries;

(3) investment expenditure;

4. the state of the operating measures at the beginning and end of the financial year.

4. The financial year of the state film institution shall be the calendar year.

5. The state film institution conducts accounting on the principles specified in the accounting regulations.

6. The annual financial statements of the state film institution are subject to examination by a statutory auditor.

7. The annual financial statement of the state film institution approves the minister competent for culture and protection of national heritage. ";

23) after art. 45 the following Article shall be inserted. 45a and 45b, as follows:

" Art. 45a. 1. The state film institution shall establish:

1) the statutory fund;

(2) the reserve fund;

3) other funds, the creation of which provides for separate provisions.

2. The statutory fund shall reflect the value of the property obtained by the state film institution at the time of creation.

3. The statutory fund shall be increased by:

1) the value of the property obtained free of charge on the basis of decisions of the competent authorities or on the basis of separate regulations;

2. net profit, taking into account the paragraph. 5.

4. The statutory fund shall be reduced by:

1) the value of the property transferred free of charge on the basis of decisions of the competent authorities or on the basis of separate regulations;

(2) net loss not covered by the reserve fund.

5. The reserve fund shall be made up of net profit. The write-off of the reserve fund shall not be less than 10% of net profit. A national film institution may refrain from writing when the state of the reserve fund exceeds the equivalent of 2% of the operating costs of that institution in the financial year.

6. The reserve fund shall be used to cover the net loss.

Article 45b. 1. State film institutions make to the Polish Film Institute the payment of 50% of the revenue from the property rights of the films produced up to 31 December 1989.

2. The payments referred to in paragraph 1. 1, shall be transmitted in quarterly periods, within 30 days after the end of the quarter.

3. To claims on the payments referred to in paragraph. 1, the provisions of Chapter III of the Act of 29 August 1997 shall apply accordingly. -Tax Ordinance (Dz. U. of 2005 No. 8, pos. 60, Nr. 85, pos. 727 and No. 86, pos. 732), with the fact that the powers of the tax authority are entitled to the Director of the Polish Institute of Film Art, and the powers of the appeal body-the minister competent for culture and protection of national heritage.

4. The payments referred to in paragraph 1 1, they constitute the costs of obtaining revenues, within the meaning of the income tax regulations, on the date of their incurring.

5. In the case referred to in paragraph. 1, Article shall apply. 27a par. 2. ';

24. Chapter 5 shall be repealed;

25) Chapter 6 shall be repealed.

Article 32. [ The Act on organising and conducting cultural activities] In the Act of 25 October 1991. about the organisation and running of cultural activities (Dz. U. of 2001. No 13, pos. 123, with half. 1. 5) ) art. 2.

" Art. 2. The organizational forms of cultural activities are, in particular: theatres, operas, operetta, philharmonic, orchestras, film institutions, cinemas, museums, libraries, cultural houses, artistic links, art galleries, and research and documentation centres in different areas of culture. '.

Article 33. [ Law on Gaming and Mutual Betting] In the Act of 29 July 1992 about games and betting (Dz. U. of 2004 No 4, pos. 27 and No. 273, pos. 2703) in art. 47e is amended as follows:

(a) in paragraph. 4. The introductory phrase is replaced by:

" The expenditure of the Culture Promotion Fund shall be allocated, subject to paragraph. 4a, solely for the promotion or promotion of: ',

(b) after paragraph. 4 The paragraph shall be added. 4a as follows:

' 4a. The authorising officer of the Cultural Promotion Fund shall, by 30 March of the following calendar year, forward annually, not less than 5% of the revenue referred to in paragraph 1. 3, to the Polish Institute of Film Art for the implementation of the tasks of this Institute. ".

Chapter 6

Transitional and adaptation provisions

Article 34. [ Cancellation of proceedings] On the date of entry into force of the Act shall be subject to the remission of the proceedings on the determination of qualifications for the performance of film professions, conducted on the basis of the Act referred to in art. 31.

Article 35. [ Receivables] 1. The claims of the state film institutions, in relation to which liquidation or bankruptcy proceedings are pending, due on the date of entry into force of the Act-with this date become free of charge of the Institute.

2. State Treasury receivables against state-owned film institutions for the payment of the purchase on 5 December 1990. the ownership of buildings, other facilities and premises, which are not met in whole or in part by the date of entry into force of the Act, shall be free of charge from the Institute on that date.

3. Claims of the State against the local film institutions for the payment of the purchase on 5 December 1990. properties of buildings, other facilities and premises, not met in whole or in part until the date of entry into force of the Act-on the day of conversion of the self-government film institution into a self-governing body of culture become irrevocable with the city of this self-government institution of culture.

4. The change in the accounts of the perpetual entries concerning the mortgages underlying the claims referred to in paragraph 4. 1 and 2, shall take place on a proposal from the Director, and in respect of the claims referred to in paragraph 1. 3, at the request of the competent executive body of the organizer of the local government of culture.

Article 36. [ Transitional provision] Regulation issued on the basis of art. 22 par. 5 of the Act referred to in art. 31, retains the power until the Regulation is issued on the basis of art. 22 par. 5 of the Act referred to in art. 31, as amended by this Act.

Article 37. [ Appointment Of Director] 1. The first Director shall appoint the Minister for the period until the appointment of the Director in art mode. 14 para. 1, not longer than 6 months from the date of entry of this Act into force.

2. The end of the functions of the Director referred to in paragraph 2. 1, shall not be counted as part of the term of office referred to in Article 4. 14 para. 2 and 3.

Article 38. [ Self-government film institutions and local authorities of culture] On the date of entry into force of the Act of Local Government Film Institutions, established on the basis of the Act of 16 July 1987. o cinematography, become self-government cultural institutions within the meaning of the Act of 25 October 1991. to organise and conduct cultural activities.

Article 39. [ Transitional provision] 1. The Management Board of the voivodship, which is the founding authority of the self-government film institution, becomes, on the date of entry into force of the Act, the organizer within the meaning of the Act of 25 October 1991. to organise and conduct cultural activities.

2. The organizer referred to in the mouth. 1, within 30 days from the date of entry into force of the Act shall grant the statutes of the local authority of the cultural institution referred to in art. 38.

3. The bodies of the local authorities of the film institution referred to in the paragraph. 1, they serve as a function until the governing bodies of the governing body of the cultural institution referred to in art. 38, not longer than for 3 months from the date of entry into force of the Act.

4. The employees of the local government film institution referred to in the paragraph. 1, they become, on the date of entry into force of the Act, the employees of the local government of the cultural institution referred to in art. 38.

5. The speech of the self-government film institution referred to in the paragraph. 1, it shall become, on the day of entry into force of the Act, the establishment of the local authority of the cultural institution referred to in art. 38.

6. The local authority of the cultural institution referred to in art. 38, in all legal relations with which the institution of the institution of the film referred to in paragraph 1 is subject to the law of the European Union. 1, irrespective of the legal nature of these relations.

Chapter 7

Final provision

Article 40. [ Entry into force] [ 3] The Act shall enter into force after 30 days from the day of the announcement, except for Art. 19 and Art. Article 31 (23) in the field of art. 45b, which shall enter into force on 1 January 2006.

Chapter 7

Final provision

Article 40.

1) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 41, pos. 364, 2003. Nr 96, pos. 874, Nr 162, pos. 1568 and Nr 213, poz. 2081, 2004 No 11, pos. 96 and No. 261, pos. 2598 and 2005 No. 131, pos. 1091.

2) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 241, item. 2074, 2003 No. 137, item. 1302, 2004 No. 173, item. 1808, Nr 202, poz. 2065 and No. 273, pos. 2703 and 2 2005 Nr 10, pos. 69 and No. 64, pos. 565.

3) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 41, pos. 364, 2003. Nr 96, pos. 874, Nr 162, pos. 1568 and Nr 213, poz. 2081, 2004 No 11, pos. 96 and No. 261, pos. 2598 and 2005 No. 131, pos. 1091.

4) Amendments to the text of the single law have been announced in the Dz. U. of 2001. No. 128, pos. 1402, 2002 Nr 126, pos. 1068 i Nr 197, pos. 1662, 2003 Nr 166, pos. 1610 and 2004 Nr 91, pos. 869, Nr 96, poz. 959 i Nr 172, poz. 1804.

5) Amendments to the text of the single law have been announced in the Dz. U. of 2002. Nr 41, pos. 364, 2003. Nr 96, pos. 874, Nr 162, pos. 1568 and Nr 213, poz. 2081, 2004 No 11, pos. 96 and No. 261, pos. 2598 and 2005 No. 131, pos. 1091.

[ 1] Article 18 (1) 1 point 5 in the wording set by the Article 114 of the Act of 19 November 2009. o Gambling games (Journal of Laws No 201, pos. 1540). The amendment entered into force on 1 January 2010.

[ 2] On the basis of the judgment of the Constitutional Court of 9 October 2006. (Journal of Laws No 187, p. 1389) 19 (1) 9 is in accordance with art. 2 of the Constitution.

[ 3] The Act enters into force on 19 August 2005. except for art. 19 and Art. Article 31 (23) in the field of art. 45b, which shall enter into force on 1 January 2006.