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Law No. 303 Of 3 December 2008

Original Language Title:  LEGE nr. 303 din 3 decembrie 2008

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LEGE no. 303 303 of 3 December 2008 on approval Government Emergency Ordinance no. 7/2008 to amend and supplement Government Ordinance no. 39/2005 on cinematography as well as for the amendment Law no. 328/2006 for approval Government Ordinance no. 39/2005 on cinematography
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 894 894 of 30 December 2008



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 7 7 of 13 February 2008 to amend and supplement Government Ordinance no. 39/2005 on cinematography as well as for the amendment Law no. 328/2006 for approval Government Ordinance no. 39/2005 on cinematography, published in the Official Gazette of Romania, Part I, no. 120 of 15 February 2008, with the following amendments and additions: 1. In Article I, before paragraph 1, six new points shall be inserted, with the following contents: "-Article 3, letter i) is amended and shall read as follows: " i) executive producer-a natural or legal person employed by the manufacturer, who, within the limits of his budget, provides expert advice, collects, processes and provides specific information, coordinates and responds to the actual realization of the film within the artistic, financial and organizational parameters established; ". -Article 13 is amended and shall read as follows: "" Art. 13. -(1) The film fund shall be the following sources: a) the collection of a contribution of 3% of the sales and/or rental price of recorded video tapes, DVDs or any recorded support, which can be multiplied by video or digital, which is added to their price, payable by the economic operator that makes the sale and/or the wholesale rental; economic operators wholesalers of recorded video cassettes, DVDs or any other registered support, which can be multiplied by video or digital, are obliged to transmit National Center of Cinematography list of sales and/or rental contracts concluded, comprising their value and the identification data of the contractual partners, also presenting the licences for the respective titles; in the case of films classified in the Register of Cinema in category XXX, with a projection ban public, the contribution shall be 15%; b) the collection of a contribution of 4% of the value of the advertising minutes contracted by the public and private television stations, a contribution that is added to this price and which is collected from the advertising agent, from the company intermediate buyer of advertising minutes or from the buyer economic operator of advertising minutes which is obliged to transmit to the National Center of Cinematography the list of contracts concluded, including their value and name of the sellers c) collection of a contribution of 3% of the price of the advertising minutes sold from the space of the own program by the cable TV companies, which have the license for the production of programs and which are added to this price; payment the contribution to the Film Fund is made by cable television; d) the collection of a contribution of 4% of the proceeds from the exploitation of cinematographic films, of any kind and on any kind of support, in cinemas or in other spaces intended for viewing with the public; e) the collection of a contribution of 1% applied on the incomes made monthly by economic operators for cable retransmission, satellite and digital retransmission of television broadcasts; f) the collection of a contribution of 4% of the annual profit made by the economic operators who organize gambling; the payment will be made by May 31 of the current year for the previous year; g) interest on availability from the account of the Film Fund located in the State Treasury; h) monthly collection of a contribution of 3% of the price of the films downloaded for a fee by means of data transmission services, including via internet or telephone; the obligation to present the documents certifying the amounts collected, such as and the obligation to pay the contribution of the legal persons who make these incomes; i) other income acquired under the law. ((2) Amounts due for the contributions set out in par. ((1) lit. a)-f) represents the deductible expense when calculating the taxable profit of the respective economic operators, in accordance with the provisions of Law no. 571/2003 on the Fiscal Code, with subsequent amendments and completions. (3) The contributions provided in par. ((1) lit. a)-f) applies to the total receipts made, from which the related VAT was deducted and/or the tax on the show, as well as the film stamp duty. (4) The own revenues of the National Center of Cinematography shall be the following sources: a) incomes obtained from the administration and exploitation of assets from the patrimony of national cinema, which are in public or private property of the state, according to this ordinance; b) incomes obtained from the rental and concession of buildings or other goods under its administration, according to this ordinance; c) the rates for making classification and registration operations within the Register of cinema and the cost of classification labels for films intended for marketing and/or rental of videograms shall be established and updated periodically by order of the Minister of Culture and Religious Affairs, at the proposal of the Director General of the National Center of Cinemato d) the collection of a contribution of at least 25% of the net income made from the assignment granted on the basis of auction, when applicable, of the rights to broadcast and exploit Romanian films from the patrimony of national cinema, with compliance with provisions Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions; e) incomes obtained from the realization of other specific activities, acceptance of donations and sponsorships, as well as any other income acquired under the conditions of this ordinance; f) 5% of the Film Fund, of which 3% for the National Film Archive, in order to preserve, restore and capitalize Romanian film films, and 2% for the management expenses of the Film Fund. " -Article 14 is amended and shall read as follows: "" Art. 14. -Economic operators are obliged to declare and to turn the National Center of Cinematography the amounts provided in art. 13 13 para. ((1) lit. a)-e) and h) until the 25th of the current month for the previous month, as well as to submit the list of concluded contracts, provided in art. 13 13 para. ((1) lit. a)-c), with the mention of their value. " -Article 16 (2) and (5) shall be amended and shall read as follows: " (2) Authorized natural and legal persons referred to in art. 13 13 para. ((1) lit. d), may opt, after the notification of the National Center of Cinematography, for direct financing, with up to half of the amount due, of the production and distribution of Romanian films, under the conditions of this ordinance. .......................................................................... (5) After submitting notifications, according to the provisions of par. (1)-(3), quarterly, at the National Center of Cinematography will be submitted copies of the supporting documents regarding the payment of the payments related to the contracts concluded with the economic operators. The lack of payment documents attracts for economic operators the obligation to transfer the respective amounts to the Film Fund, in accordance with the provisions of art. 13 13. " -Article 28 (1) is amended and shall read as follows: "" Art. 28. -(1) The automatic financial support for the artistic quality of the film is given to producers and directors of a film that has been selected or awarded at the OSCAR awards, of the European Film Academy (EFA), at international festivals accredited by the International Federation of Film Producers Associations (F.I.A.P.F.), as well as at other international festivals agreed by the National Center of Cinematography. " -Article 35 (2) is amended and shall read as follows: " (2) The selection contest for film projects is organized in 3 sections: a) the section of long or short fiction films; b) section of documentary films; c) the section of animated films. "" 2. In Article I, after point 1, a new point is inserted, paragraph 1 ^ 1, with the following contents: "" 1 ^ 1. In Article 39, paragraph 4 is amended and shall read as follows: " (4) The selection of film projects is made by 3 commissions, as follows: a) a commission made up of 5 members for the fiction, long and short film section; b) a commission made up of 3 members for the documentary film section; c) a commission made up of 3 members for the section of animated films. "" 3. In Article I, point 3, paragraph 1 of Article 43 shall be amended and shall read as follows: "" Art. 43. -(1) The selected film projects will be classified according to the descending order of the final score obtained, on separate lists, for the following categories of films, as follows: a) the list of cinematographic projects selected for feature fiction films; b) the list of cinematographic projects selected for films of debut feature fiction; c) the list of cinematographic projects selected for short fiction films; d) the list of cinematographic projects selected for documentary films; e) the list of cinematographic projects selected for animated films; f) the list of selected fiction projects for the granting of project development credits; g) the list of documentation projects selected for the grant of project development credits; h) the list of animated projects selected for the granting of project development credits. " 4. In Article I, point 4, paragraphs 1 and 2 of Article 50 shall be amended and shall read as follows: "" Art. 50. -(1) Failure to comply with the procedures provided by this ordinance on granting direct credit for production and project development may be challenged, within 30 days from the announcement of the results of the competition session, at the Ministry Culture and Religious Affairs. (2) By order of the Minister of Culture and Religious Affairs shall be appointed a Board of Appeal of 5 members. " 5. In Article I, after point 4, a new point is inserted, point 4 ^ 1, with the following contents: "" 4 ^ 1. Article 65 (1) shall be repealed. '; 6. In Article I, point 5 shall be repealed. 7. In Article I, after point 5, two new points are inserted, points 6 and 7, with the following contents: "" Six. Article 67 is repealed. 7. After Article 77 ^ 1 a new article is inserted, Article 77 ^ 2, with the following contents: "" Art. 77 77 ^ 2. -(1) Due to the activity specification, by way of derogation from the provisions art. 111 111 of Law no. 53/2003 -The Labor Code, with subsequent amendments and completions, in the case of employees involved in film production, the maximum legal duration of working time may exceed 40 hours per week, including overtime, provided that these hours are compensated with days off during periods when employees do not participate in film production or, if this is not possible, to be compensated in money, according to the legal provisions in force. (2) For employees involved in film production, Saturdays, Sundays and, as the case may be, public holidays are considered working days, legal rest may be granted during periods when employees do not participate in production of film. "" 8. in Article II (1), Article II shall be amended and shall read as follows: "" Art. II. --1. On the date of entry into force of this Law, the halls and gardens of cinematographic performance, set out in Annex no. 1 1 to Government Ordinance no. 39/2005 on cinematography, approved with amendments and additions by Law no. 328/2006 , with subsequent amendments and completions, in the private domain of the state and in the administration of the Autonomous Distribution and Exploitation Regia of the "Romania-Film" Films, together with the related land and movable goods, pass into the public domain of local administrative-territorial units, communal, city, municipal and sectors of the city of Bucharest, as the case may be, and in the administration of respective local councils. 2. The mobile goods in the inventory of the halls and gardens of the film show pass into the private property of the local administrative-territorial units and in the administration of their local councils. 3. With the transfer of the buildings referred to in item 1, the local councils will take over from the Autonomous Distribution and Exploitation Regia of the "Romania-Film" films the related staff, in compliance with the provisions Law no. 53/2003 -Labor Code, with subsequent amendments and completions. 4. With the transfer of the buildings referred to in item 1, the respective local councils will take over the asset and liabilities related to each hall or cinema show gardens they receive in administration. 5. Implementation of the provisions of point 1-4 is made on the basis of a protocol concluded between the mayor of the beneficiary administrative-territorial unit and the representative mandated by the management of the Autonomous Distribution and Exploitation Regia of the "Romania-Film" Films, for this purpose, within 6 months after the entry into force of this Law. The concluded protocol will be assumed by the respective local councils by decision. 6. In order to achieve the general public interest on access to culture, the local public administration authorities are obliged to ensure, for a minimum period of 15 years, with the necessary periodicity, the broadcasting of film film-with priority of those film productions made under the conditions Government Ordinance no. 39/2005 , approved with amendments and additions by Law no. 328/2006 , with subsequent amendments and completions, as well as other cultural activities. 7. Local councils are obliged within 4 years to ensure through the necessary investments the rehabilitation, endowment and modernization of the halls and gardens of the film show taken over. 8. If the representatives of the local public administration authorities do not comply with their obligations, according to the takeover protocols concluded, as well as according to the provisions of this law, the Ministry of Culture and the Cults will initiate the necessary procedures for the passage of those buildings in the local public domain in the private domain of the state 9. By way of derogation from provisions art. 10 10 para. ((2) of Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions, it is prohibited to the local public administration authorities to pass the buildings taken under the present public domain law in the private domain of those administrative-territorial authorities. 10. Decisions issued in violation of the provisions of section 9 are null and void. 11. In the case of halls and gardens of cinematographic performance that at the time of takeover are the subject of a lease that expressly provides for the obligation to broadcast film film, the local public administration authorities may initiate the privatisation procedure in favour of the contractor, based on the provisions Law no. 346/2004 on stimulating the establishment and development of small and medium-sized enterprises, with subsequent amendments and completions, if the broadcasting of film film has been made constantly and all contractual clauses have been observed. 12. Within a maximum of 30 days after taking over the halls and gardens of the film show, based on this law, the beneficiaries of the tenancy contracts may notify the purchase intention to the local council of the authority administrative-territorial, in compliance with the provisions in force. 13. After the completion of the transfer process of the cinema halls and gardens, the Ministry of Culture and Religious Affairs will initiate the reorganization of the Autonomous Distribution and Exploitation Regia of the "Romania-Film" Films, the costs related to the state budget. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, EUGEN NICOLICEA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, December 3, 2008. No. 303. ------