The Parties to this Convention undertake to encourage the development of European film co-production in accordance with the following provisions.

¹ This Convention governs relations between the Parties in the field of multilateral co-productions originating in the territory of the Parties.

² This Convention shall apply to:

A.

Co-productions involving at least three co-producers established in three different Parties to the Convention; and

B.

Co-productions involving at least three co-producers established in three different Parties to the Convention, as well as one or more co-producers not established in the latter. The total contribution of co-producers not established in Parties to the Convention, however, may not exceed 30 % of the total cost of production.

In all cases, this Convention shall apply only on condition that the co-produced work meets the definition of European cinematographic work as specified in Art. 3, para. 3, below.

³ The provisions of the bilateral agreements concluded between the Parties to this Convention shall remain applicable to bilateral co-productions.

In the case of multilateral co-productions, the provisions of this Convention shall prevail over those of bilateral agreements concluded between the Parties to the Convention. The provisions concerning bilateral co-productions shall remain in force if they do not contravene the provisions of this Convention.

⁴ In the absence of any agreement governing bilateral co-production relations between two Parties to this Convention, it shall also apply to bilateral co-productions, unless a reservation has been issued by one of the Parties concerned, Under the conditions laid down in Art. 20.

For the purposes of this Convention:

A.

The term "cinematographic work" Means works of any duration and on any medium, in particular cinematographic works of fiction, animation and documentaries, in accordance with the provisions relating to the film industry existing in each of the Parties Concerned and intended to be broadcast in cinematographic venues;

B.

The term "co-producers" means film production companies or producers established in Parties to this Convention and bound by a co-production contract;

C.

The term "European cinematographic work" means cinematographic works meeting the conditions laid down in Annex II, which forms an integral part of this Convention;

D.

The term "multilateral co-production" means a cinematographic work produced by at least three co-producers as defined in Art. 2, para. 2, above.

¹ European cinematographic works carried out in multilateral co-production and subject to this Convention shall enjoy the full benefit of the advantages granted to national films under the legislative and regulatory provisions in In each of the Parties to this Convention participating in the relevant co-production.

² The benefits shall be granted to each co-producer by the Party in which the Party is established, under the conditions and limits provided for in the laws and regulations of that Party, and in accordance with the provisions of this Part Convention.

¹ Any co-production of cinematographic works shall receive the approval, after consultation between them and in accordance with the arrangements laid down in Annex 1, of the competent authorities of the Parties in which the co-producers are established. The said Annex shall form an integral part of this Convention.

² Applications for admission to the co-production scheme shall be established, for approval by the competent authorities, in accordance with the provisions of the procedure for the submission of applications set out in Annex I. This approval shall be irrevocable Except in the event of non-compliance with the initial commitments in the artistic, economic and technical fields.

³ Projects of a manifestly pornographic nature, those who make an apology for violence or those who openly violate human dignity cannot be admitted to the co-production regime.

⁴ The co-production benefits are granted to co-producers deemed to have an adequate technical and financial organisation, as well as sufficient professional qualifications.

⁵ Each Contracting State shall indicate the competent authorities referred to in subs. 2 above by a declaration made at the time of signature or upon the deposit of the instrument of ratification, acceptance, approval or accession. This declaration may be amended at any time thereafter.

¹ In the case of a multilateral co-production, the lowest participation shall not be less than 10 % and the largest participation shall not exceed 70 % of the total cost of production of the cinematographic work. Where the lowest participation is less than 20 %, the Party concerned may make arrangements for the reduction or elimination of access to national production assistance mechanisms.

² Where this Convention takes the place of a bilateral agreement between two Parties under the conditions laid down in Art. 2, para. 4, the lowest participation shall not be less than 20 % and the largest participation shall not exceed 80 % of the total cost of production of the cinematographic work.

¹ The co-production contract must guarantee to each co-producer the co-ownership of the original negative image and sound. The contract will include a provision to ensure that the original negative is deposited at a mutually agreed location by the co-producers and that the free access to it is guaranteed.

² The co-production contract must also guarantee to each co-producer the right to an internegative or any other support for the reproduction.

¹ The contribution of each of the co-producers must necessarily involve an effective technical and artistic participation. In principle, and in compliance with international obligations binding on the Parties, the contribution of co-producers to creative personnel, technicians, artists, performers and technical industries must be proportional to their investment.

² Subject to international obligations binding on the Parties and the requirements of the scenario, the crew members of the film crew must be nationals of the co-production partner states, and post-production must, in principle, be In these states.

¹ Notwithstanding the provisions of Art. 8, and in accordance with the specific provisions and the limits laid down in the laws and regulations in force in the Parties, may be accepted for the benefit of this Convention co-productions that meet the conditions Following:

A.

Have one or more minority shareholdings which may be limited to the financial field, in accordance with the co-production contract, provided that each national share is not less than 10 % or more than 25 % of the cost of production;

B.

Have a majority co-producer providing effective technical and artistic participation, and fulfilling the conditions required for the grant, in cinematographic work, of nationality in his country;

C.

To contribute to the affirmation of European identity; and

D.

Be subject to co-production contracts with provisions relating to the distribution of revenue.

² The co-production scheme will only be granted to financial co-productions after authorisation, given on a case-by-case basis by the competent authorities, taking into account, inter alia, the provisions of Art. 10 below.

¹ A general equilibrium shall be maintained in cinematographic exchanges between the Parties, in respect of both the total amount of investment and artistic and technical participation in cinematographic works by Co-production.

² A Party that finds, after a reasonable period of time, a deficit in its co-production reports with one or more other Parties may, for reasons relating to the maintenance of its cultural identity, make its agreement conditional on a The next co-production to restore the balance of its cinematographic relations with that Party or Parties.

Within the framework of legislation and regulations, as well as international obligations in force, each Party shall facilitate entry and stay, as well as the granting of work permits in its territory, of staff Technical and artistic of other Parties involved in co-production. Similarly, each Party shall permit the temporary importation and re-exportation of material necessary for the production and distribution of cinematographic works carried out under this Convention.

¹ Cinematographic works produced in co-production must be presented with the mention of the co-producing countries.

² This should be clearly stated in the generic, commercial advertising and promotional material for cinematographic works, and in their presentation.

Where a cinematographic work carried out in co-production is exported to a country where the imports of cinematographic works are subject to quotas, and one of the co-producing Parties does not have the free entry of its works Film in the importing country:

A.

The cinematographic work is added in principle to the quota of the country whose participation is the majority;

B.

In the case of a cinematographic work involving equal participation of the various countries, the cinematographic work shall be charged to the quota of the country with the best export opportunities in the country of import;

C.

If the charge cannot be made according to the provisions of paras. A and b above, the cinematographic work shall be charged to the quota of the Party providing the director.

Upon admission to the co-production system, the competent authority of a Party may require the co-producer established in the latter to produce a final version of the cinematographic work in one of the languages of that Party.

Unless the co-producers decide otherwise, the cinematographic works produced in co-production shall be presented at international festivals by the Party in which the majority co-producer is established, or, in the case of Equal financial interests, by the Party providing the director.

¹ This Convention shall be open for signature by the member States of the Council of Europe and 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; or

B.

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

² Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

¹ The Convention shall enter into force on 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.

² For any signatory State which subsequently expresses its consent to be bound by the Convention, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of signature or filing of The instrument of ratification, acceptance or approval.

¹ After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any European State which is not a member of the Council of Europe and the European Economic Community to accede to this Convention, by A decision taken by a majority under s. 20.d of the Statute of the Council of Europe ¹ And unanimously by the representatives of the Contracting States having the right to sit on the Committee of Ministers.

² For any acceding State or the European Economic Community, in the case of accession, the Convention shall enter into force on 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. Secretary General of the Council of Europe.

¹ Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory (s) to which this Convention shall apply.

² 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 declaration. The Convention shall enter into force in respect of 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.

³ Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on 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.

¹ Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that s. 2, para. 4, does not apply in its bilateral co-production relations with one or more Parties. In addition, it may reserve the right to determine a maximum interest different from that set out in s. 9, para. 1.a. No other reserves can be made.

² Any Party which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.

¹ Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

² The denunciation shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary General.

The Secretary General of the Council of Europe shall notify the member States of the Council, as well as any State and the European Economic Community having 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 this Convention in accordance with its art. 17, 18 and 19;

D. Any declaration made in accordance with Art. 5, para. 5; e. Any denunciation notified in accordance with Art. 21;

F.

Any other act, notification or communication relating to this Convention.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Strasbourg, on 2 October 1992, in English and in French, 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 shall transmit certified copies to each of the States referred to in Art. 16, para. 1, as well as to any State and the European Economic Community invited to accede to this Convention.

(Suivent signatures)