Rs 0.443.951.8 15 May 2011 Agreement Between The Swiss Federal Council And The Government Of The Grand Duchy Of Luxembourg In The Field Of Cinema (Co-Production Between The Switzerland And The Luxembourg Agreement) (With Annexes)

Original Language Title: RS 0.443.951.8 Accord du 15 mai 2011 entre le Conseil fédéral suisse et le Gouvernement du Grand-Duché de Luxembourg dans le domaine du cinéma (Accord de coproduction entre la Suisse et le Luxembourg) (avec annexes)

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0.443.951.8 translation agreement between the Swiss federal Council and the Government of the Grand Duchy of Luxembourg in the field of cinema (co-production between the Switzerland and the Luxembourg agreement), concluded on 15 May 2011 entered into force by Exchange of notes on August 1, 2013 (State August 1, 2013) the Swiss federal Council and the Government of the Grand Duchy of Luxembourg , (hereinafter referred to as the Parties) considering their common will to renew and strengthen film between the Parties, considering the need to upgrade their relations of cooperation in the cinematographic field taking into account their respective in the matter and the reality of the markets legislation, have agreed to the following: I. co-production art. 1 terms for the purposes of this agreement, the term "work" film refers to cinematographic works of any length and on all media, regardless of the genre (fiction, animation, documentary) in line with the legislative and regulatory provisions of both Parties and which the broadcast first takes place in film theatres.

Art. 2 effects films made in co-production and admitted to the benefit of this agreement (co-productions) are considered national cinematographic works in accordance with the legislation in force in the territory of each of the Parties. They have full right, on the territory of each of the Parties, the benefits resulting from the provisions relating to the film industry.
Subsidies and other financial benefits to a co-producer on the territory of a Contracting Party are governed by the respective national law.

Art. 3 procedure and collaboration of the authorities to be admitted to the benefit of this agreement, the co-production films must be recognized by the competent authorities of the two Parties in the month following the end of the shoot.
Applications for recognition must respect the procedures laid down by each of the Parties and meet the minimum requirements laid down in annex 1.
The competent authorities of both Parties communicate information to the granting, rejection, modification or withdrawal of applications for recognition to the benefit of this agreement.
Before rejecting an application, the competent authorities of both Parties shall consult.
When the competent authorities of both Parties admitted the cinematographic work to the benefit of co-production within the meaning of this agreement, this recognition may be later cancelled unless agreed between those authorities.
These authorities are: a. in Switzerland: the federal Office of culture; (b) in the Grand Duchy of Luxembourg: the national fund to support audiovisual production.

Art. 4 requirements to production companies and employees to be admitted to the benefit of this agreement, cinematographic works must be carried out by production companies with a good technical and financial organization and work experience recognized by the competent authority of the party whose jurisdiction they fall.
In order to enjoy the benefits of this agreement, production companies must meet the requirements of the respective national provisions.
People associated with the production of a film must belong to one of the following categories: for the Swiss Confederation: - nationals of the Swiss Confederation; - permit holders of establishment in the territory of the Switzerland; - nationals of a State member of the European Union or the European Free Trade Association.

For the Grand Duchy of Luxembourg: - Luxembourg nationals; - nationals of a State of the Union European; - nationals of another State party to the Treaty on the European economic area (EEA Agreement) on 2 May 1992; - people of any nationality residing permanently in the Grand Duchy of Luxembourg; - persons of any nationality who are assimilated to nationals in Luxembourg in accordance with the administrative; - nationals of the Swiss Confederation practice as long as they are classed as citizens of a State of the Union European Agreement of 21 June 1999 between the Swiss Confederation and the European Community and its Member States, on the free movement of persons.

If, by virtue of these provisions, people can be attributed to the two Contracting Parties, is responsible the co-producers of the issue of attribution. Absence of an agreement between the co-producers, these people are attributed to the State of the co-producer who was hired by contract.
Exceptionally, the participation of employees do not have any of the above nationalities can be accepted.

SR art. 5 requirements for filming the shooting in studios should be performed preferably in studios established in the territory of one or other of the two States parties to this agreement.
The shots taken in natural settings should be turned on the territory of a State member of the European Union or the European Free Trade Association, or the territory of any other State associated with the co-production. Some shots taken in natural settings may be permitted on the territory of other States if required by the scenario or the action of the cinematographic work.

Art. 6 reports of participation co-productions that are recognized under the terms of this agreement are to be produced under the following conditions: the proportion of the respective contributions of the producers of each party in a cinematographic co-production can vary from 20% (twenty per cent) to 80% (four and twenty percent) of the final cost of the cinematographic work.
The artistic and technical participation effective must correspond to the proportion of financial contributions from each of the co-producers.

Art. 7 exclusively financial participation (co-financing) in derogation from the provisions of art. 6, are recognized cinematographic works whose exclusively financial minority participation defined by the agreement is limited to 10% (ten percent) of the total final costs, provided that they are produced in the territory of one of the two parties and supported by public funds of the two Parties on the basis of criteria quality in accordance with annexes 2 and 3.
The parties shall communicate each year the amount of aid available for such projects.

Art. 8 balance between two co-producers overall balance must exist both in regard to the artistic and technical contributions financial contributions; every two years, this balance is appreciated by the Joint Committee provided for in art. 14. the competent authorities of both States establish, on the basis of records of the recognition procedure, a summary of all of the contributions to co-productions or co-financed movies.
In the event where an imbalance appears, the Joint Commission is examining ways to restore the balance and take all measures that it deems necessary to this effect.

Art. 9 rights of the cinematographic work each co-producer is co-holder of the tangible and intangible of the cinematographic work items.
The material is deposited, in the joint names of the producers, in a laboratory chosen by mutual agreement.

Art. 10 co-productions generics, the trailer and the advertising material must indicate that it is a co-production between the Switzerland and the Luxembourg.

Art. 11 Division of revenues the co-producers are free to decide on the distribution of revenues; in principle, it is proportionally to the total intake of each of the co-producers.

Art. 12 trilateral co-production the competent authorities of both Parties accept that cinematographic works for the benefit of the agreement can be produced by one or more producers from States with which the Switzerland or the Luxembourg concluded a co-production agreement in the field of cinema.
The conditions for the recognition of such films should be considered on a case by case basis.

II. Cooperation film art. 13. the competent authorities of both Parties recognize the need to promote cultural diversity by facilitating recognition of their reciprocal cinematographies, especially through participation in film festivals or film education programs.
They examine ways to encourage the distribution and promoting mutual cinematographic works of each of the two Parties.

III. Commission joint art. 14. a joint Commission, consisting of representatives of the competent authorities and specialists from the industry of cinema of the two Parties, is responsible for investigating and facilitating the conditions of application of the present agreement and, if necessary, reviewing any desirable changes.
During the term of this agreement, this Commission meets every two years alternately in Switzerland and the Luxembourg.

If one of the competent authorities so wish, the Commission may be convened, in particular in the event of significant changes either legislation or the regulations applicable to the film industry, or if the application of the agreement meets particularly serious difficulties, especially when the balance defined in art. 8 is not achieved.

IV. provisions final art. 15 entry into force and termination each Party shall notify to the other the fulfillment of the required constitutional procedures in relation to the entry into force of this agreement; the agreement comes into force the first day of the second month following the day of receipt of the second notification. It can be applied on a provisional basis by each of the Parties upon signature.
This agreement is concluded for a period of two years. It is tacitly renewable every two years.
It may be denounced by one party by written notice forwarded through diplomatic channels, at any time with a notice period of three months.
Unless otherwise decided by the Parties, this denunciation does not affect the rights and obligations contracted by the Parties for projects already committed under this agreement.
Made in Cannes, May 15, 2011, in duplicate each in German language.

Annex 1 relating to article enforcement provisions. 3-1. Both producers, to benefit from the provisions of this agreement, apply to their respective authorities, before the start of filming, recognition of anticipated co-production.
2. applications must be accompanied by the following documents to the matching content: a) the co-production contract; b) a scenario or another manuscript giving enough information about the intended topic and how to treat it; c) two lists, one indicating the team members and their activities, the other the distribution of roles, with at every time mention domicile and nationality of the persons concerned; d) a document attesting the acquisition of the rights that are needed to achieve and exploitation of the project in question; e) a regulation on the respective participation of the co-producers to costs additional. (the participation of each co-producer is in principle proportional to its financial contribution, the participation of the minority co-producer may however be limited to a percentage or a certain amount; f) an estimate of the total cost of the project and a detailed funding plan that provides information on the availability of funds; g) an overview of the technical of the co-producers input; ETH) (work plan) timeline indicating the locations provided.

3. in order to be better able to appreciate the film project, the authorities of the respective countries may request documents and additional explanations.
4. the authorities of the party to minority financial participation grant recognition only after having received the opinion of the authorities of the party to majority ownership. The competent authorities of the country of the majority producer addressed their proposal for a decision to the competent authorities of the country of the minority producer in principle within 20 days of receipt of the complete file of the application. As for the authorities of the country of the minority producer, they are expected to give their opinion in two months.
5. changes made later to the co-production contract must be submitted without delay to the approval of the competent authorities of both Parties.
6. recognition may include conditions and loads guaranteeing the respect of the provisions of this agreement.

State on August 1, 2013 Appendix 2 support on the basis of qualitative criteria valid in Switzerland the selective encouragement of film (contributions to production) by the federal Office of culture.

State on August 1, 2013 Appendix 3 support on the basis of valid qualitative criteria in the Grand Duchy of Luxembourg the national support fund for audiovisual production.

State on August 1, 2013

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