Regulation (2013:200) If The State's Contribution To The Financing Of Swedish Film In Accordance With The 2013 Video Agreement

Original Language Title: Förordning (2013:200) om statsbidrag till finansiering av svensk film i enlighet med 2013 års filmavtal

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:200

Introductory provisions



section 1 of this regulation provides for State aid to

financing of Swedish film in accordance with the 2013

video agreements.



section 2 of the application examined questions about State grants under this

Regulation by the Swedish Film Institute.



Government subsidies may be provided subject to availability of funds.



2 a section/entry into force: 01/01/2016/support may only be provided in accordance with the provisions set out in



1. Commission Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the common market under articles 107 and 108 of the Treaty, or 2. Commission Regulation (EC) No 1407/2013 of 18 december 2013 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union on de minimis aid. Regulation (2015:664).



§ 2 b/entry into force: 01/01/2016-the terms used in this regulation have the same meaning as in Commission regulations (EC) No 651/2014 and (EC) No 1407/2013. Regulation (2015:664).



The purpose of the State aid



paragraph 3 of the General purpose Government grants under this

Regulation is to promote Swedish film production of high

quality and high attractiveness, both nationally and

internationally, as well as a strong and dynamic film industry.

Production should be marked by both continuity and

renewal.



paragraph 4 for the purposes of this regulation,



feature film: the film that has a duration of at least 70 minutes and

in technical terms are of such quality that it can be displayed

at the movie theater,



producer: any natural person, Corporation or other legal entity

that effect and have the economic and artistic

the main responsibility for the production of a video by

Finance, record, complete and exploit it and that

thereby acquires and is responsible for the rights included

in the video piece,



established producer: producer who has produced either

at least two films or two drama series or a feature film

and a drama series and who are professionally active in film

and television industry as well as related to a production company

feature film and television production as their main

activities,

Swedish film: film which has a Swedish producer

and where the Swedish initiative of artistic collaborators is of

apparent meaning or, if the movie didn't have a Swede

producer, meets the requirements of the European

Convention of 2 October 1992 for co-production of

cinematographic works,



Swedish "producer" means a person who, at the time of application

grant resides in Sweden or a company, the foreign

corporate branch or other legal entity that is

registered in the country at the time of the granting of the application,



converged media: innovative projects designed to

generate unique audiovisual products adapted for

dissemination in different media and on different platforms,



contract: 2013 film contracts,



Contracting Party: party in the 2013 film contracts,



own contribution: the intäktsberättigade private capital from Swedish

financier who is included in the film's financing,



open views: film at the cinema to the public without

other requirements than the paid ticket,



small and medium-sized cities: commune with up to 250 000

inhabitants.



Conditions for State aid



5 § State aid shall not be granted to an applicant who has

liabilities for Swedish taxes or fees in

Enforcement authority or which are in liquidation or

bankrupt.



Government subsidies to production support



6 §/expires U: 2016-01-01/production support is



1. advance support for the feature film,



2. advance support for children's and youth film,



3. advance support for short-and documentary film,



4. support for converged media,



5. development aid,



6. support for drama series,



7. publikrelaterat support,



8. producer support,



9. support for regional production center, and



10. support for international co-productions.



6 §/entry into force: 01/01/2016/production support is



1. advance support for the feature film,



2. advance support for children's and youth film,



3. advance support for short-and documentary film,



4. automatically advance support,



5. support for converged media,



6. development aid,



7. support for drama series,



8. publikrelaterat support,



9. producer support,



10. support for regional production center, and



11. support for international co-productions.

Regulation (2015:664).



section 7 a prerequisite for a movie to get production support

is that the film can be shown with English text.



7 a section/entry into force: 01/01/2016/production support provided in accordance with chapter I and article 54 of chapter III of Commission Regulation (EC) No 651/2014 subject to the restrictions as stated in paragraphs 8 and 19. Support for converged media left, however, in accordance with Commission Regulation (EC) No 1407/2013.

Regulation (2015:664).



Preview support



section 8 to promote Swedish film production of high quality and

high attractiveness, prior support to feature film,

children's and youth film and short-and documentary films as well as support

to converged media, development and drama series. Guides

may be granted to a producer as part of the financing of

video production, but only for projects that have an established

producer tied to itself.



Exemption from the requirement of established producers may be granted by

Swedish Film Institute Foundation for aid to

children's and youth film that is less than 70 minutes, the short-and

documentary film, converged media and development.



The Film Institute may grant support to a producer who does not

meets the established producer if there is

special reasons.



§ 9 advance payments may be given to projects where the producer can

account an ambitious plan for the film's distribution in different

display forms. If the producer of the plan indicates that the movie

also to appear on television, on videograms or in different display form

should the assessment be taken into account if the movie assumes will be shown in

the companies participating in the agreement, the tv channels or

displayed or disseminated by any other Contracting Party.



Swedish Film Institute Foundation may grant a derogation from the

the requirement plan for display and distribution so that younger and new

filmmakers are given the opportunity to develop their skills,

mainly through the support of short film.



9 a §/entry into force: 01/01/2016/automatically advance payments may be given to films with a strong audience potential on the Swedish film market. The aid shall be granted to both the development and the production of Swedish film.



A video that is funded with automatic advance payments will have a budget of at least 14 million and be financed at least 70 percent. The aid shall be provided with not more than 30 percent of the film's budget. The aid is to be distributed on several films with distribution over the year.



The application shall be examined by a Committee. The film should have an estimate from Distributor as Committee of at least 250 000 visits to the cinema in Sweden. The aid is granted to producer as part of the funding of a video production, but only for projects that have an established producer tied to itself in accordance with section 8 of this regulation. Regulation (2015:664).



10 § support for converged media provided as a support of

less importance to the conditions imposed by the Commission

Regulation (EC) No 1998/2006 of 15 december 2006 on the

the application of articles 87 and 88 of the Treaty to support the

and by 18 to 20 of the Ordinance (1988:764) if

State aid to industry.



11 § development aid may be given as



1. project support to screenwriters, producers and

Directors,



2. support for vocational training for established filmmakers, and



3. business support to producers.



Business support under the first subparagraph 3 shall be granted only

production company has film and television production as their

principal place of business. The company shall



1. have a well developed production activities regularly

film or television production, or



2. keep a well-drafted and long-term plan for

the company's production activities as well as development

generally.



Business support to a producer may be given with 800 000-1 200 000

dollars each year. The aid will be 80 percent used to

options and script development and 20 percent to cover

the producer's own cost of development and funding

of a film project.



12 § support for drama series may be used for the qualitative

drama productions of at least three episodes of at least 44 minutes

each. Support shall primarily refer to development.



Support can only be given to producers who can recognise a

ambitious plan for drama series ' spread.



Publikrelaterat support



section 13, in order to strengthen and facilitate the financing of new Swedish

video publikrelaterat will receive support to Swedish feature films as

displayed on the open views at Swedish movie theaters. The aid may be granted

to producers and is based on the film's gross box office

during the six months after the film's premiere.



For video that is funded with pre-release support, it

publikrelaterade aid equivalent to a maximum of 50% of

gross box office. For video that at no point are

funded with pre-release support, it support publikrelaterade

not exceed 75 percent of the gross ticket revenue.

Development aid does not count as prior support in this

context.



Publikrelaterat aid to children's film may be equal to 100 per cent

of the film's ticket revenue.



Foundation, Swedish Film Institute may, if necessary, adjust the

the percentages and set a spending limit for the different

video categories, taking into account the funds available.

The Film Institute will strive for the greatest possible clarity

and forward planning in order to facilitate the planning of new

video projects.




section 14 Publikrelaterat support shall be paid until the

the producer got the refund with a Swedish Foundation

The Film Institute decided on percentage of defined contribution.



As a separate operation may only risk participation funding

by private capital or financing of the agreement

participating broadcasters will be counted.



In determining at what point the producer should

be deemed to have received full remuneration for the own initiative shall take into account

to 25 percent of the film's gross ticket revenue can

is estimated to accrue to the producer at the side of the support.



Producer support



section 15, to give the company access to the earned

capital investment in one or more future

video project, producer support is provided on the gross ticket revenue

SEK 3 300 000 1 700 000 and between crowns. Support

be counted toward the production company which is the main producer.



Swedish Film Institute, Foundation for child and

Youth video decide to producer support can be provided on

the gross ticket revenue of less than SEK 1 700 000.



section 16 of the Producer the aid calculated in accordance with the rules on

publikrelaterat support. However, the aid may not exceed 65

percent of the gross ticket revenue. Swedish Foundation

The Film Institute may, if necessary, adjust the percentage with

taking into account the funds available.



17 § aid to a fund maintained by the Swedish Film Institute

for the production company on a particular established

trust account and are not covered by the rules on

refund.



The production company has the right to have access to funds

investment capital in one or several future video projects.

The funds will be paid when production decisions for a new video

taken and submitted by the amount that the production company

itself invests in the film, according to signed

co-production agreements for the current movie, up to the

amount of funds for the production company for a

video.



If the production company did not use the funds for a specific video

within five years from the last deposit, the funds will revert to the

The Film Institute for distribution as publikrelaterat support.



Video the institution may extend the time limit if there are

special reasons.



Support for regional production center



section 18 to strengthen movie production in the regions supported

be given to the regional production centres as the Foundation

Swedish Film Institute determines. For support requires that the contribution

left from a County, a municipality or another principal

in an amount at least equal to the aid to be provided.



Both aid funds from other principal will be used to

production performance in children's and youth film. The funds will be administered by

support, and may not be invested in video productions.



Support for international co-productions



19 § to reinforce cooperation between foreign producers

and Swedish production company and increase opportunities for

international funding may support the international

co-productions. The aid is granted to production companies and can

not exceed 80% of the Swedish funding.



In addition, the provisions relating to production aid applicable.

 

State subsidy to the distribution and display of Swedish film



20 §/expires U: 2016-01-01/Support to distribution and display are



1. launch support,



2. support for parallel distribution, and



3. cinema support.



20 section/entry into force: 01/01/2016/Support to distribution and display are 1. launch support,



2. the distribution support, and



3. cinema support.

Regulation (2015:664).



section 21/expires U: 2016-01-01/Launch support, support for parallel distribution and

cinema support should be technology-neutral in applicable parts.



section 21/entry into force: 01/01/2016 Launch aid, aid distribution and cinema aid shall mutatis mutandis be technology neutral.

Regulation (2015:664).



section 21A/entry into force: 01/01/2016/Support to distribution and display provided in accordance with chapter I and article 54 of chapter III of Commission Regulation (EC) No 651/2014 subject to the restrictions as stated in paragraphs 21 to 23 and 24, paragraph 1. The support referred to in paragraph 2, 24 3 and 4 are left, however, in accordance with chapter I and chapter III, article 53 of Commission Regulation (EC) No 651/2014 subject to the restrictions as stated in paragraphs 25 and 27.

Regulation (2015:664).



Launch support



section 22/expires U: 2016-01-01/to increase the visibility of Swedish film,

launch aid is given for cinema release by Swedish feature film.

Aid may be granted for means-testing to the distributor of Swedish

long video with an amount equal to the Distributor's

economic contribution, up to a maximum of 500 000 kroons. The amount of the aid

determined by the Swedish Film Institute before the film's

Prime.



If, having regard to available resources or

the circumstances of other special circumstances,

The Film Institute establish laying down the amount otherwise

than that which follows from the first paragraph. The Film Institute shall then

take into account the need for the launch which leads to

movie premieres are spread over the year.



section 22/entry into force: 01/01/2016 to increase the visibility of French film may launch aid for cinema release by Swedish feature film.

Aid may be granted for means-testing to the distributor of Swedish feature film with an amount equal to the Distributor's financial effort. The aid amount is decided by the Swedish Film Institute before the film's premiere.

Regulation (2015:664).



/Rubriken expires U: 2016-01-01/parallel distribution



/Rubriken entry into force: 01/01/2016/Dissemination support



section 23/expires U: 2016-01-01/to increase access to current movies are supported

for parallel distribution is given to a Distributor. Support

to cover the actual cost of production of film prints

or digital copies, the cost of bringing home video copies

(repatriation costs) and subtitles. Parallel copies should

complement and not replace the Distributor's own copies.



Support for parallel distribution in smaller places should also

include movies with small launch resources.



23 section/entry into force: 01/01/2016 to cinemas across the country to have access to new video spillover support to the Distributor. The aid is granted after the fact and is based on actual recorded revenue.

Regulation (2015:664).



Cinema support



24 §/expires U: 2016-01-01/for strengthening the structure, the largest cinema outside

the cities and increase the circulation of Swedish film in the entire country,

cinema support is provided.



Cinema support may include support to



1. the cinema owners for open views of Swedish film,



2. the cinema owners for public work,



3. the cinema owners for renovation of cinemas, and



4. the organisers of cinema screenings which are not

VAT-liable.



In the allocation to the needs of cinemas in smaller and

medium-sized cities and cinemas that complements other

biografers range especially taken into account.



24 §/entry into force: 01/01/2016 in order to strengthen the structure of the cinema outside the main cities and increase the circulation of Swedish film in the entire country, cinema support is provided.



Cinema support may include support to



1. the cinema owners for open views of the video that has a release aid,



2. the cinema owners for public work,



3. the cinema owners for renovation of cinemas, and



4. the organisers of cinema screenings which are not VAT-liable.



At the distribution needs of cinemas in smaller and medium-sized cities and cinemas that complements other biografers range especially taken into account. Regulation (2015:664).



25 § aid to cinema owners for public work must be given to



1. develop the cinema's role as a cultural meeting place,



2. increase takings across the country, and



3. stimulate the municipality's interest and involvement in the cinema's

future.



section 26 of the aid for the modernisation of cinemas may be given to provide

cinemas a technical standard that will contribute to the

cinema structure of mainly small and medium-sized cities and towns

be preserved and strengthened, and that it will be a equivalent

technical Theater standard across the country.



27 § aid to such providers of theater performances that

is not liable to VAT may be used to compensate

costs of VAT imposed on cinema exhibition organisers

lack of deduction.



Support may be applied for by associations of nonprofits that

in-house or through affiliated members regularly

organises theater performances or of Club owned

cinemas which do not belong to any association.



Compensation of costs for VAT in respect

video rentals and shipping costs.



Support to international launch of new Swedish film



section 28 to promote Swedish cinema abroad, support may be given to

international launch of new Swedish film. The aid may be granted

to distributors and producers.



Application for Government grants



section 29/expires U: 2016-01-01/application for Government grants to be made to the Foundation in Swedish

The Film Institute. The application shall contain



1. details of the applicant;



2. a description of the project for which assistance is sought, including

budget,



3. to whom the State subsidy to be paid out, and



4. other information necessary for the examination of the application.



To the application for support for converged media, it should be accompanied by

details of any other public contributions

candidates received over the last three years.



To be eligible for publikrelaterat support,

the producer shall notify the film not earlier than six months before the

recording start, however, before the film's cinema release.

Video production aid granted be considered enrolled in and with

that decisions on production aid has been taken.




section 29/entry into force: 01/01/2016/application for Government grants must be in writing and shall be made to the Foundation, Swedish Film Institute before work activities or project begins. The application shall contain



1. details of the applicant;



2. a description of the project for which assistance is sought, including the budget and start date,



3. a list of project costs, 4. indicating to whom the Government contribution shall be paid, and



5. other information necessary for the examination of the application.



To the application for support for converged media, it should be accompanied by a statement about any other de minimis aid received during the previous two fiscal years and the current fiscal year.



Prior to the application of automatic support, it should be accompanied by a distribution and release plan from the Distributor.



To be eligible for publikrelaterat assistance shall notify the producer film not earlier than six months before the start of recording, however, before the film's cinema release.

Video production aid granted be considered enrolled in that the decision on the production aid has been taken.

Regulation (2015:664).



Review of applications for Government grants



section 30 applications for State aid must be assessed in the

number of times per year that the Foundation, Swedish Film Institute

determines.



section 31 of the Applicants by prior support should have the opportunity to present

the same project for assessment by several consultants.



Accounting



32 § recipient of government subsidies are required to account for

Swedish Film Institute Foundation of how the funds have been used and

leave the other tasks that the Film Institute need

follow-up and evaluation. An auditor is at the recipient's

Mission shall certify that the financial statements are reliable and that the

the conditions for the grant have been met.



33 § regional production centres receiving support will last

1 March of each year, beginning on 1 January 2014, in writing

account to the Foundation how aid is distributed and used

in the previous year.



Regional production centres, at the same time also

account for how the aid allocated between men and women in accordance

with the objectives of the agreement.



Repayment of publikrelaterat support and support to

long video



publikrelaterat § 34 repayment of aid and support

long video should be started when the income exceeds the

amount equal to the producer's and others ' investments

who is eligible for revenue share, included a premium if

35 per cent of approved funding. Refund shall be done with

a percentage that corresponds to the facility's overall share of

the cost of production.



Basis for reimbursement, all revenues from all

countries and all display types. The producer shall annually

account for all revenues to the Swedish Foundation

The Film Institute. The repayment obligation ceases when the aid

refunded, however at the latest five years after the film's premiere.



The other provisions concerning the reimbursement of publikrelaterat

aid and support to feature film set by

The Film Institute.



Moreover, if refunds and chargebacks



35 § Foundation Swedish Film Institute may decide that a

grant will not be paid out, if it can

It is assumed that the refund is granted on the basis of incorrect

tasks.



35 a of/entry into force: 01/01/2016/A support under this Regulation shall not be paid to an undertaking which is subject to payment requirements due to a decision by the Commission declaring an aid illegal and incompatible with the internal market.

Regulation (2015:664).



36 § recipient of government subsidies are obliged to refund if



1. the recipient of the contribution by providing incorrect information

or otherwise have caused that the contribution has been provided

improperly or with excessive amounts,



2. the refund for any other reason than what is said in 1 has

given incorrectly or with too high amount and the recipient

should have known this,



3. the contribution is not used for the purpose for which it has been granted

for,



4. the recipient of the contribution does not leave such accounting

referred to in section 32, or



5. terms and conditions of the order have not been met.



section 37 if a beneficiary is required to repay pursuant to the

§ 36, the Swedish Film Institute Foundation decide to completely

or partly to recover contribution. If there are particular

reasons for it, the Film Institute may decide to waive

in whole or in part.



Appeal



section 38 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Other decisions

than a decision under section 35 shall, however, not subject to appeal.



/Rubriken entry into force: 01/01/2016/other provisions



39 section/entry into force: 01/01/2016/Swedish Film Institute Foundation shall keep the records referred to in



1. Article 12 of Commission Regulation (EC) No 651/2014, and



2. Article 6(4) of Commission Regulation (EC) No 1407/2013.



In case of an application for aid under Commission Regulation (EC) No 1407/2013, the Film Institute provide the information to the company as is clear from article 6(1) of that regulation.

Regulation (2015:664).



Transitional provisions



2013:200



This Regulation shall enter into force on 1 June 2013. Contribution

However, the regulation provided for the period from 1

January 2013.