Rs 0.443.2 European Convention On October 2, 1992 On Cinematographic Co-Production (With Annexes)

Original Language Title: RS 0.443.2 Convention européenne du 2 octobre 1992 sur la coproduction cinématographique (avec annexes)

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0.443.2 original European Convention on cinematographic co-production concluded in Strasbourg on 2 October 1992 signed on 5 November 1992 by the Switzerland entered into force for the Switzerland on 1 April 1994 (State on February 13, 2014) preamble the Member States of the Council of Europe and the other States parties to the Convention European cultural, signatories to the Convention , considering that the aim of the Council of Europe is to achieve greater unity between its members so notably to safeguard and promote the ideals and principles which are their common heritage;
considering that the freedom of creation and freedom of expression are fundamental elements of these principles;
considering that the defence of cultural diversity of the different European countries is one of the goals of the European cultural Convention;
whereas the film co-production, instrument of creation and expression of cultural diversity at European level, should be strengthened;
interested in developing these principles, and recalling the recommendations of the Committee of Ministers on the cinema and audiovisual, and notably recommendation No. R (86) 3 on the promotion of audiovisual production in Europe;
Recognizing that the establishment of the Fund European support for the co-production and distribution of creative cinematographic and audiovisual works, Eurimages, meets the concern encouraging European cinematographic co-production and that a new impetus has been given to the development of cinematographic co-productions in Europe;
determined to achieve this cultural objective thanks to a joint effort to increase the production and define rules that fits all of the European multilateral cinematographic co-productions;
considering that the adoption of common rules tends to diminish constraints and to foster European cooperation in the field of cinematographic co-productions, have agreed to the following: chapter I provisions general art. 1 aim of the Convention the Parties to this Convention undertake to encourage the development of the European co-production in accordance with the following provisions.

Art. 2 scope this agreement regulates the relations between the Parties in the field of multilateral co-productions originating in the territory of the Parties.
This Convention shall apply: a. to co-productions involving at least three co-producers established in three different Parties to the Convention; ETB. to co-productions involving at least three co-producers established in three different Parties to the Convention, as well as one or several co-producers who are not established in the latter. The total contribution of the co-producers non-established in the Parties to the Convention, however, cannot exceed 30% of the total cost of the production. In any case, this Convention is applicable only if the co-produced work meets the definition of cinematographic work European such as described in art. 3, by. 3, below.

The provisions of bilateral agreements between the Parties to the present Convention continue to apply to bilateral co-productions.
In the case of multilateral co-productions, the provisions of the Convention prevail over those of the bilateral agreements concluded between the Parties to the Convention. The provisions concerning bilateral co-productions remain in force if they do not contradict the provisions of this Convention.
In the absence of any agreement on bilateral co-production relations between two Parties to the present Convention, it also applies to bilateral co-productions, unless a reservation was made by one of the Parties concerned, under the conditions provided for in art. 20 art. 3 definitions for the purposes of this Convention: a. the 'work' film refers to duration and works on any support, in particular cinematographic works of fiction, animation and documentaries, comply with the provisions relating to the film industry existing in each of the Parties concerned and intended to be broadcast in movie theaters; b. the term "co-producers" means of film production companies or producers established in the Parties to this agreement and bound by a co-production contract; c. the term "European cinematographic work" means cinematographic works meets the conditions laid down in annex II, which forms part of this agreement; d. the term "multilateral co-production" means a cinematographic work produced by at least three co-producers as defined in art. 2, by. 2, above.

Chapter II rules applicable to co-productions art. 4 assimilation to national films made in multilateral co-production European cinematographic works and under this agreement enjoy full right to the benefits granted to national films under the legislative and regulatory provisions in force in each of the Parties to the Convention participating in the co-production concerned.
The benefits are granted to each co-producer by the party in which it is established, under the conditions and limits laid down by the legislative and regulatory provisions of this part, and in accordance with the provisions of this Convention.

Art. 5 terms of admission to any co-production of cinematographic works co-production plan must be approved, after consultation between them and as provided in annex 1, the competent authorities of the Parties in which are established the co-producers. This annex is an integral part of this agreement.
Applications for admission to the co-production plan are established, for approval by the competent authorities according to the provisions of the application procedure laid down in annex I. This approval is irrevocable except in the case of failure to comply with the initial commitments in the artistic, economic and technical.
Obviously pornographic projects, those who glorify violence or those who openly violate human dignity cannot be admitted to the plan of the co-production.
The benefits provided in respect of the co-production are granted to renowned co-producers possess a technical and financial organization adequate and sufficient professional qualifications.
Each Contracting State indicates which are the competent authorities mentioned to the by. 2 above by a declaration made at the time of signature or the deposit of the instrument of ratification, acceptance, approval or accession. This statement may be changed at any time thereafter.

Art. 6 proportions of the respective contributions of the co-producers in the case of a multilateral co-production, the lowest participation cannot be less than 10% and the largest participation cannot exceed 70% of the total cost of production of the cinematographic work. When the lowest participation is less than 20%, the party concerned may make arrangements to reduce or remove access to the national mechanisms for the production.
When this Convention takes place an agreement between two Parties under the conditions provided for in art. 2, by. 4, the lowest participation may not be less than 20% and the largest participation cannot exceed 80% of the total cost of production of the cinematographic work.

Art. 7 rights of co-producers the co-production contract must guarantee to each co-producer joint ownership of the original negative image and sound. The contract will include a provision aimed at what the original negative is deposited in a place chosen by common agreement by the co-producers and free access to it to be guaranteed.
The co-production contract must also guarantee to each co-producer the right to an internegative or any other medium for the reproduction.

Art. 8 technical and artistic participation the contribution of each of the co-producers must necessarily involve technical and artistic participation effective. In principle, and in accordance with international obligations binding the Parties, the contribution of the co-producers for creative personnel, technicians, artists, interpreters and technical industries should be proportional to their investment.
Subject to international obligations binding the Parties and the requirements of the scenario, personnel component crew must be nationals of the States partners in the co-production, and post-production must, in principle, be carried out in these States.

Art. 9 financial co-productions by derogation from the provisions of art. 8, and in accordance with the specific provisions and limits laid down in the legislative and regulatory provisions in force in the Parties, can be admitted to the benefit of this Convention co-productions meets the following conditions:

a. include one or more minority stakes that may be limited to the financial sector, in accordance with the co-production contract, provided that each national share is lower than 10% nor more than 25% of the cost of production; b. include a majority co-producer bringing technical and artistic participation effective, and fulfilling the conditions required for the granting to the cinematographic work , of citizenship in his country; c. contribute to the affirmation of the European identity; ETD. subject to co-production contracts with provisions for the Division of revenues.

Co-production plan will be given to financial co-productions after authorization, case-by-case basis by the competent authorities, taking into account, notably, provisions of art. 10 below.

Art. 10 general balance of trade overall balance must be maintained in the film trade between the Parties, in terms of both the total amount of investment in technical and artistic participation in films shot in co-production.
A party that finds, after a reasonable period, a deficit in its reports of co-production with one or more other Parties may subordinate, for reasons related to the maintenance of cultural identity, the granting of approval to a next co-production to restore the balance of film relations with this or these parts.

Art. 11 entry and stay under the legislation and regulations, as well as international obligations in force, each of the Parties facilitates the entry and residence, so that the licensing of work on its territory, of the technical and artistic other Parties participating in the co-production. Similarly, each party allows the temporary import and re-export of equipment to the production and distribution of cinematographic works carried out under this agreement.

Art. 12 mention of the films made in co-production co-producing countries must be presented with the mention of the co-producing countries.
This must be clearly given in the credits, in commercial advertising and promotional films, and during their presentation material.

Art. 13 export when a cinematographic work made in co-production is exported to a country where film imports of works are limited, and that one of the co-producing Parties lacks the free entry of its films in the importing country: a. the cinematographic work is added to the quota of the country whose participation is majority; (b) in the case of a cinematographic work containing a participation equal different countries , the cinematographic work is attributed to the quota of the country with the best export opportunities in the country of importation; c. If settlement cannot be made according to the provisions of paras. a and b above, the cinematographic work is attributed to the contingent of the party providing the Director.

Art. 14 languages when admission to the regime of co-production, the competent authority of a party may require the co-producer established in this last a final version of the cinematographic work in one of the languages of this part.

Art. 15 festivals unless the co-producers decide otherwise, the films made in co-production are presented at international festivals by the part in which the majority co-producer is established, or, in the case of equal financial contributions by the party providing the Director.

Chapter III provisions final art. 16 signature, ratification, acceptance, approval this Convention is open for signature by the Member States of the Council of Europe and the other States parties to the European cultural Convention, which may express their consent to be bound by: a. signature without reservation of ratification, acceptance or approval; forgotten the source. signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 17 entry into force the Convention will enter into force the first day of the month following the expiration of a period of three months after the date on which five States, including at least four Member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of art. 16. for any signatory State which subsequently expresses its consent to be bound by the Convention, it will be effective the first day of the month following the expiration of a period of three months after the date of signature or of the deposit of the instrument of ratification, acceptance or approval.

Art. 18 accession of non-Member States after the entry into force of the Convention, the Committee of Ministers of the Council of Europe may invite any European non-Member State of the Council of Europe and the Economic Community European to accede to this Convention, by a decision taken by the majority provided for in art. 20.d of the Statute of the Council of Europe, and the unanimity of the representatives of the Contracting States entitled to sit on the Committee of Ministers.
For any Member State or the European economic community, in the event of accession, the Convention will enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession near the Secretary General of the Council of Europe.

SR 0.192.030 art. 19 territorial clause may be any State, time signature, or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, to designate the territories to (x) what (s) apply this Convention.
Any party may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the statement. The Convention will enter into force with respect to that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
Any declaration made under the two preceding paragraphs may be withdrawn, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Art. 20 reservations any State may, at the time of signature or at the time of the deposit of its instrument of ratification, acceptance, approval or accession, declare that art. 2, by. 4, does not apply in its bilateral relations of co-production with one or more Parties. In addition, it may reserve the right to set different maximum participation from that which is established in art. 9, by. 1.a. No other reservation may be made.
Any party which has made a reservation under the preceding paragraph may withdraw it in whole or partly by notice to the Secretary General of the Council of Europe. The withdrawal is to take effect on the date of receipt of the notification by the Secretary General.

Art. 21 denunciation. any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art. 22 notifications the Secretary General of the Council of Europe shall notify the Member States of the Council, as well as any State and to the European economic community which has acceded to this Convention or having been invited to do so: a. any signature; b. the deposit of any instrument of ratification, acceptance, approval or accession; c. any date of entry into force of the Convention , in accordance with his art. 17, 18 and 19; d. any declaration made in accordance with art. 5, by. 5; e. any denunciation notified in accordance with art. 21;
f. any other Act, notification or communication relating to this Convention.

In faith of what, the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, on 2 October 1992, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe will be communicated certified copy to each of the States referred to in art. 16, by. 1, as well as to any State and the European Economic Community invited to accede to this Convention.
(Follow signatures)

Appendix I application Procedure


The co-producers established in the Parties to the Convention must, to benefit from its provisions, present two months before the start of filming, an admission application co-production plan attaching parts mentioned below. These must be received by the competent authorities in sufficient numbers to be able to be communicated to the authorities of the other Parties at the latest one month before the start of shooting: - a copy of the contract for the acquisition of copyrights or any evidence to verify the acquisition of copyright for the exploitation of the work; - a detailed scenario - the list of any technical and artistic of the countries concerned - a quote and a detailed financing plan; - a work plan of the cinematographic work; - the co-production contract made between the co-producers. This contract must include clauses providing for the distribution between the co-producers of revenue or market.

The application and other documents will be presented if possible in the language of the competent authorities to which they are subjected.
Competent national authorities to communicate the records thus made from their deposit. Those of the party with a minority financial interest won't give their agreement only after having received the opinion of the party with a majority financial interest.

State on February 13, 2014 annex II a cinematographic work is European in the sense of art. 3, by. 3, if it contains European elements representing at least 15 points out of a total of 19 points, according to the criteria indicated in the scale below.
Given the requirements of the scenario, the competent authorities may, after consultation with each they, and when they believe that the work nevertheless reflects the European identity, admit to the co-production plan a work bringing together a number of points lower than the 15 points normally required.

Items European Points assessment group creation author Director 3 scriptwriter 3 Composer 1 7 Group creative actor first role 3 second role 2 third role 1 6 Group technical creation and shooting Image 1 sound and mixer 1 Assembly 1 sets and costumes 1 Studio or shooting 1 1 6 N.B. post-production location location

a. first, second and third roles are valued in proportion to the days of shooting.

b. with regard to art. 8, the "artistic" refers to the groups 'creation author' and 'performing', the term 'technical' to the group "creating technical and shooting."

State on February 13, 2014 scope February 13, 2014 States parties Ratification, accession (A) Signature without reservation of ratification (if any) coming into force Albania September 9, 2009 January 1, 2010 Germany 24 March 1995 1 July 1995 Armenia December 17, 2004 April 1, 2005 Austria September 2, 1994 January 1, 1995 Azerbaijan 28 March 2000 has July 1, 2000 Belgium August 25, 2004 December 1, 2004 Bosnia and Herzegovina 30 March 2009 1 July 2009 Bulgaria April 27

2004 August 1, 2004 Cyprus 29 November 2000 1 March 2001 Croatia August 6, 2004 December 1, 2004 Denmark, on October 2, 1992 if 1 April 1994 Spain 7 October 1996 February 1, 1997 Estonia, on May 29, 1997 September 1, 1997 Finland 9 May 1995 1 September 1995 France November 9, 2001 1 March 2002 Georgia October 15, 2002 February 1, 2003 Greece June 24, 2002 October 1, 2002 Hungary 24 October 1996 if 1 February 1997 Ireland April 28, 2000 If 1 August 2000 Iceland 30 May 1997 if 1 September 1997 Italy 14 February 1997 1 June 1997 Latvia 27 September 1993 if 1 April 1994 Lithuania 22 June 1999 October 1, 1999 Luxembourg 21 June 1996 October 1, 1996 Macedonia 3 June 2003 October 1, 2003 Malta 17 September 2001 so 1 January 2002 Moldova September 27, 2011 January 1, 2012 Montenegro June 6, 2006 was June 6, 2006 Norway 9 July 2009 Netherlands 24 November 1, 2009 March 1995 1 July 1995 Poland December 30, 2002 April 1, 2003 Portugal December 13, 1996 April 1, 1997 Czech Republic 24 February 1997 if 1 June 1997 Romania March 28, 2002 1 July 2002 United Kingdom 9 December 1993 April 1, 1994 Russia March 30, 1994 so 1 July 1994 Serbia June 2, 2004 October 1, 2004 Slovakia January 23, 1995 May 1, 1995 Slovenia November 28, 2003 March 1, 2004 Sweden June 10, 1993 if 1 April 1994 Switzerland

November 5, 1992 if 1 April 1994 Turkey March 9, 2005 July 1, 2005 Ukraine, on August 28, 2009 December 1, 2009 * reservations and declarations (the * the scope above do not include statements made by all States parties for competent authorities, according to art. 5, para. 5). Reservations and declarations are not published to the RO. Texts in french and English can be found at the address of the Council of Europe website: http://conventions.coe.int or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

For the Kingdom in Europe.

RO 1996 794 without reservation of ratification.
RS 0.440.1 2014 551 RO. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State on February 13, 2014

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