Regulation (2011:1053) Of State Subsidies For The Digitization Of Cinemas

Original Language Title: Förordning (2011:1053) om statsbidrag för digitalisering av biografer

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:1053

Introductory provisions



section 1 of this regulation provides for State aid for

digitisation of cinemas.



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

Regulation by the Swedish Film Institute.



State subsidy is provided, subject to availability of funds.



paragraph 3 of the State subsidy is provided as an aid to the

conditions laid down by Commission Regulation (EC) no

1998/2006 of 15 december 2006 on the application of

Articles 87 and 88 of the Treaty to de minimis aid

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

State aid to industry.



The purpose of the State's contribution



4 § the purpose of Government grant is to support

cinemas for the purchase of digital cinema equipment increase

access to a wide range of video throughout the country.



Definitions



paragraph 5 of this regulation,



Cinema: local consisting of one or more lounges

video performance,



Salon: local in cinema for the movie show with projection screen,



digital cinema equipment: basic equipment for digital

video performance,



video show: video display for the public;



small or medium-sized municipality: municipality of up to 250 000

inhabitants,



the seekers: the search for Government grants under

This

Regulation.



Conditions for State aid



section 6 of the Government subsidies may, subject to availability of funds, is provided for

investment in digital cinema equipment

video performance in the Salon that is included in a cinema with a maximum

three salons and with an average of less than two million

dollars in gross ticket revenue per shop and years.



A precondition for State aid is that the Salon



1. is situated in a small or medium-sized municipality, or



2. mainly showing a complementary range of

quality video from a variety of locales.



State aid must not be given to the establishment of new salons.



section 7 A precondition for State aid is that the receiver displays

that it has a long-term financial ability to carry out

the business.



section 8 Aid shall not be granted to applicants who have liabilities for

Swedish taxes or fees of the bailiff or

that are in liquidation or bankruptcy.



Application for Government grants



section 9 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. details of the Salon which support is sought,



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

budget,



4. indication of the State's contribution should be paid, if

the application relates

equipment to be used by several jointly, and



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



The application shall be accompanied by



1. at least two bids from different suppliers or, if the

procurement has been done according to a transparent procedure which allows

selection of the tenderer capable of providing

These services at the lowest cost, the winning tender

from this procurement,



2. a copy of the applicant's most recent annual financial statements,



3. documents showing how the purchase of the digital

cinema equipment will be funded in addition to contributions under this

Regulation, and



4. a development plan in accordance with section 10.



The application shall also be accompanied by the indication of any other

public contributions that the candidate received in the last three

the years.



section 10 a development plan shall contain such information on the

applicant's planned activities that are necessary to the Foundation

Swedish Film Institute to assess the long-term

financial conditions for conducting business.



Such data are



1. measurable audience targets for the next three years,



2. a marketing plan for the next three years,



3. an operating budget for the next three years,



4. a target group analysis,



5. a strategy for programming and marketing, and



6. a plan for cooperation with the private, non-profit and public

actors.



Basis in accordance with section 9, second subparagraph 3 shall include such

Protocol, decision or written certificate needed to

assess the long-term financial prospects of the

carry out the activity;



Review of applications for Government grants



section 11 applications for State aid must be assessed in the

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

determines.



At each review, the State contribution in the first place

be given for investment in salons that over the last three years

before the time of the application, or the shorter time

the operation has been carried out, had regular

video performances in larger scope. At

the distribution of the State's contribution, account should be taken of the salons that

is located in municipalities where there is no other cinema

with at least one shop equipped with digital cinema equipment.



Calculation and payment of government subsidies



section 12 of the Government may be left with a sum equivalent to not more than

50% of the cost of purchase and installation of the

digital cinema equipment excluding VAT, however,

a maximum of 300 000 kronor per Salon. As the basis for calculation

the cost of purchase and installation used the lowest

tenders submitted when applying for Government grants in accordance with section 9.



paragraph 13 of the Swedish Film Institute Foundation decides on and pay

out State subsidies on application from the operating

in the salons as the aid is applied for.



Accounting



section 14 of the Recipients of State aid liable 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.



Refunds and chargebacks



section 15 of the Swedish Film Institute Foundation 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.



section 16 Recipients of State aid 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 provide such a report as

referred to in section 14, or



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



section 17, if a beneficiary is obliged to refund under 16

§ the Swedish Film Institute, the 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 18 of the 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 15 may not be appealed.