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RS 0.443.951.8 Agreement of 15 May 2011 between the Swiss Federal Council and the Government of the Grand Duchy of Luxembourg in the field of cinema (co-production agreement between Switzerland and Luxembourg) (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 1

Agreement between the Swiss Federal Council and the Government of the Grand Duchy of Luxembourg in the field of cinema

(Co-production agreement between Switzerland and Luxembourg)

Conclu May 15, 2011
Entered into force by exchange of notes on 1 Er August 2013

(State 1 Er August 2013)

The Swiss Federal Council, and the Government of the Grand Duchy of Luxembourg,

(hereinafter referred to as the Parties)

Considering their common desire to renew and strengthen cinematographic relations between the Parties,

Considering the need to update their international relations on cinematographic cooperation, taking into account their respective legislation in this field and the reality of the markets,

Agreed to the following:

I. Co-production

Art. 1 Terms

For the purposes of this Agreement, the term "cinematographic work" means cinematographic works of all duration and on all media, regardless of its type (fictions, animation, documentaries) in accordance with the legislative provisions and Of the two Parties and whose first distribution takes place in cinematographic venues.

Art. 2 Effects

1 Cinematographic works produced in co-production and admitted for the benefit of this Agreement (Coproductions) shall be considered to be national cinematographic works in accordance with the legislation in force on the territory of each of the two Parties. They shall enjoy, in the territory of each Party, the benefits arising from the provisions relating to the film industry.

2 Subsidies and other financial benefits granted to a co-producer in the territory of a Contracting Party shall be governed by the respective national law.

Art. 3 Procedure and cooperation of the authorities

1 In order to be admitted for the benefit of this Agreement, cinematographic works of co-production shall be recognized by the competent authorities of both Parties within one month after the end of the shooting.

2 Applications for recognition must comply with the procedures laid down by each Party and meet the minimum requirements set out in Annex 1.

3 The competent authorities of both Parties shall provide each other with information relating to the granting, rejection, amendment or withdrawal of applications for recognition for the benefit of this Agreement.

4 Before rejecting an application, the competent authorities of both Parties shall consult each other.

5 Where the competent authorities of both Parties have admitted the cinematographic work to the benefit of the co-production within the meaning of this Agreement, such recognition shall not subsequently be cancelled unless the same authorities agree.

6 These authorities are:

A.
Switzerland: the Federal Office of Culture;
B.
In the Grand Duchy of Luxembourg: the National Support Fund for Audiovisual Production.
Art. 4 Requirements for Production Companies and Collaborators

1 In order to be admitted for the benefit of this Agreement, cinematographic works shall be carried out by production undertakings having a good technical and financial organisation and a professional experience recognised by the authority Competent authority of the Party to which they report.

2 In order to benefit from the benefits of this Agreement, production companies must meet the requirements of the respective national provisions.

3 Persons associated with the making of a film must belong to one of the following categories:

For the Swiss Confederation:

-
Nationals of the Swiss Confederation
-
Holders of establishment licences in the territory of Switzerland;
-
Nationals of a Member State of the European Union or of the European Free Trade Association.

For the Grand Duchy of Luxembourg:

-
Luxembourg nationals;
-
Nationals of a State of the European Union;
-
Nationals of another State Party to the Treaty of 2 May 1992 on the European Economic Area (EEA Agreement);
-
Persons of any nationality permanently residing in the Grand Duchy of Luxembourg;
-
Persons of any nationality who are assimilated to nationals of Luxembourg in accordance with administrative practice;
-
Nationals of the Swiss Confederation as long as they are assimilated to citizens of a State of the European Union by virtue of the Agreement of 21 June 1999 between the Swiss Confederation, and the European Community and its Member States, on the free Movement of persons 1 .

4 If, pursuant to these provisions, persons may be assigned to both Contracting Parties, it is the responsibility of the co-producers to decide the question of attribution. In the absence of an agreement between the co-producers, these persons are allocated to the State of the co-producer who contracted them.

5 Exceptionally, the participation of collaborators who do not have one of the above nationalities can be accepted.


Art. 5 Requirements for shooting

1 Studio shots shall preferably be made in studios established in the territory of either of the two States Parties to this Agreement.

2 Catches made in natural settings shall be taken on the territory of a Member State of the European Union or of the European Free Trade Association, or in the territory of any other State associated with the co-production. Views carried out in natural settings may be authorised in the territory of other States if the scenario or action of the cinematographic work so requires.

Art. 6 Participation Reports

1 Co-productions which are recognized under the terms of this Agreement shall be produced under the following conditions:

2 The proportion of the respective contributions of the producer (s) of each Party in a co-production film work may vary from 20 per cent (twenty per cent) to 80 per cent (eighty per cent) of the final cost of the cinematographic work.

3 The actual artistic and technical participation must correspond to the proportion of the financial contributions of each of the co-producers.

Art. 7 Exclusively financial participation (co-financing)

1 Notwithstanding the provisions of Art. 6, are recognised cinematographic works whose exclusively financial minority participation as defined by the agreement is limited to 10 % (ten per cent) of the final total of the costs, provided that they are produced in the territory of the Both Parties and supported by public funds of the two Parties on the basis of qualitative criteria in accordance with Annexes 2 and 3.

2 The parties shall each year notify each other of the amount of aid available for such projects.

Art. 8 Balance between the two co-producers

1 There must be a general balance in terms of artistic and technical contributions as well as financial contributions; every two years this balance is appreciated by the Joint Commission under Art. 14.

2 The competent authorities of both States shall establish, on the basis of the files of the recognition procedure, a summary of all contributions to co-productions or co-financed films.

3 In the event of an imbalance, the Joint Commission shall examine the means of restoring balance and shall take all measures it considers necessary for that purpose.

Art. Rights in cinematographic work

1 Each co-producer is a co-owner of the tangible and intangible elements of the cinematographic work.

2 The material shall be deposited, in the joint names of the producers, in a laboratory chosen by mutual agreement.

Art. 10 Indications of co-productions

Generics, trailer and advertising material must indicate that it is a co-production between Switzerland and Luxembourg.

Art. 11 Distribution of revenues

Co-producers are free to decide on the distribution of revenue; in principle, this is proportional to the total contribution of each of the co-producers.

Art. 12 Trilateral Co-productions

1 The competent authorities of both Parties agree that cinematographic works for the benefit of the Agreement may be produced by one or more producers from States with which Switzerland or Luxembourg have concluded an agreement Of co-production in the field of cinema.

2 The conditions for the recognition of such films must be examined on a case-by-case basis.

II. Film cooperation

Art. 13

1 The competent authorities of both Parties recognize the need to promote cultural diversity by facilitating the recognition of their mutual cinematography, in particular through the use of image education programmes or Participation in film festivals.

2 They shall examine the means of promoting the reciprocal distribution and promotion of the cinematographic works of each of the two Parties.

III. Joint Commission

Art. 14

1 A Joint Commission, composed of representatives of the competent authorities and experts in the film industry of both Parties, shall be responsible for reviewing and facilitating the conditions for the implementation of this Agreement and, where appropriate, for studying Desirable changes.

2 For the duration of this Agreement, this Commission shall meet every two years alternately in Switzerland and Luxembourg.

3 If one of the competent authorities so wishes, the Commission may be convened, in particular in the event of significant changes to either the legislation or the regulations applicable to the film industry, or if the application of The Agreement faces particularly serious difficulties, particularly where the balance defined in Art. 8 is not realized.

IV. Final provisions

Art. 15 Entry into force and termination

1 Each Party shall notify the other of the completion of the constitutional procedures required for the entry into force of this Agreement; the Agreement shall enter into force on the first day of the second month following the day of receipt Of the second notification. It may be applied provisionally by each Party upon signature.

2 This agreement is concluded for a period of two years. It is tacitly renewable for a period of two years.

3 It may be denounced at any time by one of the Parties by written notification transmitted through diplomatic channels, subject to three months' notice.

4 Unless otherwise decided by the Parties, such denunciation shall not affect the rights and obligations of the Parties for projects already committed under this Agreement.

Done at Cannes, May 15, 2011, in two copies each in German.

Annex 1

Implementing provisions relating to art. 3

The producers of both Parties shall, in order to benefit from the provisions of this Agreement, submit to their respective authorities, before the commencement of the filming, a request for recognition of the planned co-production.

2. Applications must be accompanied by the documents with the concurring content listed below:

(a)
The co-production contract;
(b)
A script or other manuscript that provides sufficient information on the expected subject matter and how to deal with it;
(c)
Two lists, one indicating the members of the team and their activities, the other the distribution of the roles, with each mention of the domicile and nationality of the persons concerned;
(d)
A document attesting to the acquisition of the rights necessary for the realization and operation of the project in question;
(e)
A regulation concerning the respective co-producers' participation in any additional costs; the participation of each co-producer is in principle proportional to its financial contribution, the participation of the minority co-producer However, it is limited to a lower 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 funding;
(g)
An overview of the technical input from co-producers; and
(h)
A schedule (work plan) indicating the location of planned shooting.

3. In order to be better able to assess the film project, the authorities of the respective countries may request additional documents and explanations.

4. The authorities of the Party with a minority financial participation shall grant recognition only after receiving the opinion of the authorities of the Party with a majority financial contribution. The competent authorities of the country of the majority producer shall send their proposal for a decision to the competent authorities in the country of the minority producer in principle within 20 days of the receipt of the complete file of the application. As for the authorities in the country of the minority producer, they must, in principle, give their opinion within two months.

5. The subsequent amendments to the co-production contract must be submitted without delay to the approval of the competent authorities of both Parties.

The recognition may be accompanied by conditions and charges ensuring compliance with the provisions of this Agreement.


State 1 Er August 2013

Annex 2

Support on the basis of valid qualitative criteria in Switzerland

The selective encouragement of cinema (contributions to the realization) by the Federal Office of Culture.


State 1 Er August 2013

Annex 3

Support on the basis of qualitative criteria valid in the Grand Duchy of Luxembourg

The National Support Fund for Audiovisual Production.


State 1 Er August 2013