/Entry into force: 01/01/2017

Scope of application



section 1 of this regulation is notified pursuant to section 7 of the Act (1992:318) on submission of tasks in the management of culture's area of operation in the case of paragraph 2, and with the support of Chapter 8. 7 paragraph 2 Constitution Act in relation to other provisions and contains provisions on State aid to



1. development of Swedish film and the moving image,



2. production of Swedish film,



3. dissemination and display of video, and



4. other filmkulturell activities.



section 2 of the issues of State aid under this regulation must be examined by the Swedish Film Institute.



Government subsidies may be provided subject to availability of funds.



3 § State aid under this regulation in accordance with chapter I, article 53 and article 54 of the Commission Regulation (EU) No 654/2014 of 17 June 2014, declaring certain categories of grants declared compatible with the common market under articles 107 and 108 of the Treaty on the functioning of the European Union.



The purpose of the State's contribution



section 4 of the overall purpose of the State aid within the meaning of this regulation is to contribute to the development, production, dissemination and display of Swedish film and moving image and to promoting film heritage and other filmkulturell activities throughout the country.



Expression of the regulation



paragraph 5 of this regulation, ' video: long feature film, short film, documentary and children's and youth film, in various techniques and for different browser window,



series: production in at least two episodes, primarily intended for dissemination via television or digital display service,



moving image: innovative projects for moving images that are not deemed to fall within the concept of the video,



Swedish film: film which has a Swedish producer and where the Swedish initiative of artistic collaborators is of substantial importance, or, if the film does not have a Swedish producer, meets the requirements of the European Convention of 2 October 1992 for the co-production of cinematographic works,



producer: legal entity which performs and has primary responsibility for the economic production of a video by projektutveckla, finance, record, complete and exploit the film and who thereby acquires and is responsible for the rights contained in the video work, Swedish producer "means a person who is granted when the application is habitually resident in Sweden or a legal person or a foreign company branch which is registered with the competent authority of Sweden when the application is granted.



Other terms used in this regulation have the same meaning as in the Commission Regulation (EU) No 654/2014.



State subsidies for the development of the Swedish film and the moving image



section 6 of the Government subsidies may be provided in the form of



1. project support to develop film and moving image and to a limited extent for developing series,



2. continuity of support to strengthen the producers in order to ensure continuity and development of the film industry, and



3. competence support in order to strengthen the development of artistic and professional expertise within the film industry.



section 7 of the Government under section 6 1 and 3 may be provided to producers or professionally active people working in film and television production.



Government grants in accordance with section 6 of the 2 may be provided to producers who have video and television production as their main activities and exhibiting a well-drafted and long-term plan for the company's production activities as well as general development.



section 8 when assessing applications for Government grants under section 6 2, the following shall be taken into account:



1. the producer's ability to renew and develop projects with high quality, and



2. the producer's past successes from a broad perspective.



Government subsidies for the production of Swedish film 9 § Government subsidies may be provided in the form of production aid to produce the film in different technologies and different browser window and will contribute to a wide range of a diversity of films. Government subsidies may be provided to a limited extent, to produce the series. Video for children and young people, in particular the priority.



Production aid will also be provided for international co-production, where the main producer is not Swedish, with the aim of strengthening cooperation between foreign and Swedish producers and increase opportunities for international funding.



section 10 State aid within the meaning of section 9 may be provided to a producer who has film and television production as their main activity.



section 11 of the Government under section 9 shall in the first instance be submitted before a video is completed on the basis of qualitative criteria. The producer shall submit a plan for how the movie should be made accessible to the public in the long term and for people with reduced abilities. To get the State's contribution is also required that the film can be shown with English text.



Government grants should be submitted, in the alternative, after the film was completed based on a film's success.



Exemption from the requirement of plan for dissemination in the first subparagraph may be made for unestablished filmmakers, particularly as regards state aid to the short film.



State grant for dissemination and display of video



section 12 of the Government subsidies may be provided to



1. disseminate and show Swedish film in all release Windows across the country, the Swedish film abroad and foreign film in Sweden,



2. strengthen cinema activities throughout the country,



3. increase access to Swedish film for people who are visually impaired, deaf, hard of hearing or for people with reading difficulties, 4. increase accessibility to video on national minority languages, 5. texting to the Swedish language spoken by larger groups of new immigrants, and



6. subtitle film which has not received production aid as referred to in section 9 to Swedish.



paragraph 13 of the State's contribution under section 12 1 and 3 – 5 may be made to the producer, Distributor, cinema owners, display organization, festival organizer or other actor that spreads and shows the video to the public.



A non-profit organization that receives Government subsidies in the form of operating grants as referred to in section 12 shall be democratically structured and in its activities, respect the democratic ideas, including equality and non-discrimination.



Government grants under section 12 (2) shall be submitted to the cinema owners or associations of cinema owners.



section 14 of the decisions on State subsidies to cinemas according to section 12 2, the needs of cinemas in rural areas and in smaller and medium-sized cities and cinemas that complements other biografers range especially taken into account.



Government contributions to other filmkulturell activities



section 15 of the Government subsidies may be provided in the form of



1. support for filmkulturell activities, such as development of video educational activities, training of personnel working with video educational activities, film screening or other efforts that promote the creation and understanding of film heritage, and



2. support for regional film activities in order to give citizens across the country the opportunity to video experiences and to own filmmaking.



Government support may not exceed the recipient's financial effort.



section 16 of the State's contribution under section 15, first paragraph 1 may be submitted to municipalities, county councils, county administrative boards monopoly or in charge of the regional growth or other actors on behalf of municipalities, county councils, county administrative boards monopoly or in charge of the regional growth work organizes filmkulturell activities and to the principals of the school system.



Government grants under the first subparagraph 2 shall be submitted to the heads of the regional resource centre for film production.



section 17 when assessing an application under section 15 shall, in particular, the priority actions which help to children and young people throughout the country are given the opportunity to quality video experiences and in-depth knowledge of the moving image, as well as to stimulate their creativity.



Application for Government grants



section 18 an application for Government grants must be in writing and submitted to the Foundation, Swedish Film Institute before work activities or project begins. The application shall contain: 1. the particulars of the applicant,



2. a description of the activity or the project for which the grant is sought for, budget, and starting and ending dates for the project's launch, 3. a list of the costs of the project or activity, 4. indicating to whom the Government contribution shall be paid, and



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



section 19 of the Foundation, Swedish Film Institute will give those looking for production aid as referred to in section 9, the possibility of a second qualitative assessment of their application.



Decision on State aid



section 20 of the decision on the State aid granted to the conditions for refund and last day for accounting under section 24 shall be specified.



paragraph 21 of the Swedish Film Institute Foundation may, in a decision on State aid within the meaning of section 9 and section 12 1, 3 – 6 also decide if 1. disposal of movie and documentary material to the finished film at the Film Institute, and 2. ensuring sufficient intellectual property rights for non-commercial use of the film provided that this does not affect the normal use of the film.



section 22 of the Foundation, Swedish Film Institute may, in a decision on production aid as referred to in section 9 for the long game video, documentary film and children's and youth film may decide that all or part of the premium to be paid back when the proceeds from the film exceeds the producer's and investors ' revenue shares.



The decision shall indicate how the refund will be calculated and be done.



section 23 Of article 1.4 c and 2.18 of Regulation (EU) No 654/2014 follows that State aid under this Regulation shall not


may be provided to companies in financial difficulties. State aid must also not be left to an organization that is not to be regarded as an undertaking within the meaning of article 107(1) of the Treaty on the functioning of the European Union, if the Organization has debts of Swedish taxes or fees of the bailiff or are under reconstruction, in liquidation or bankruptcy.



Accounting



section 24 a recipient of State aid under this regulation is liable to account for the Foundation, Swedish Film Institute how the funds have been used and provide any other information that the Film Institute needs for follow-up and evaluation.



For amounts exceeding 500 000 SEK to the Auditor on the recipient's behalf certifying that the accounts are reliable and that the conditions for the grant have been met.



Barriers to payment



section 25 of the State's contribution pursuant to this Regulation shall not be paid to the debt of Swedish taxes or fees of the bailiff or are under reconstruction, in liquidation or bankruptcy. This does not apply if the conditions laid down in the decision on the State's contribution under section 20 have already been completed and the film is completed at the time of payment of the premium.



State aid must not be paid to an undertaking which is subject to payment requirements on the basis of a decision of the European Commission to explain a grant illegal or incompatible with the internal market.



section 26 of the Foundation, Swedish Film Institute may decide that a granting State subsidies will not be paid out, if there are grounds for refund under section 27.



Refund



section 27 a recipient of State aid are obliged to refund if



1. the recipient of the contribution by providing incorrect information or otherwise has caused that the contribution has been provided improperly or with excessive amounts,



2. the grant of any reason other than what is stated in the first paragraph have been made improperly or with excessive amount and the recipient should have known this,



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



4. on receiving the allowance does not provide such a report referred to in section 24, or



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



section 28 if a recipient of State aid is the repayment required under section 27, the Swedish Film Institute Foundation decide to fully or partially recover the premium. If there are special reasons for it, the Film Institute to "waive in whole or in part.



Requirements for the repayment of State subsidies may be subject to penalty interest rate (1975:635).



Application of administrative procedure act



section 29 of the cases referred to in this Regulation shall apply administrative procedure Act (1986:223) the provisions of §§ 11 and 12 of his disqualification,



– paragraphs 16 and 17 if a party's right to receive information,



-section 20 on motivation of decisions, and



– paragraph 21 on notification of the decision.



Appeal



section 30 of the 22 a of the Administrative Procedure Act (1986:223) there are provisions for appeal to the administrative court. Other than a decision under section 6 2, section 12 of the cases to which the decision relates to operating grants and 25-26 sections, however, may not be appealed.



Other provisions



section 31 of the regulations on disclosure, reporting and record-keeping are in Regulation (2016:605) on the application of the State aid rules of the European Union.





Transitional provisions



2016:989



1. this Regulation shall enter into force on January 1, 2017.



2. The regulation repeals Regulation (2013:200) if the State's contribution to the financing of Swedish film in accordance with the 2013 video agreements.



3. The repealed regulation still apply for Government grants which relate to the period prior to the entry into force.