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IRIS 2018-1:1/34

Romania

Modification of the Cinematography Legislation

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Eugen Cojocariu

Radio Romania International

On 14 November 2017, the Senate, the upper chamber of the Romanian Parliament, adopted the Emergency Government Decree No. 67/2017 on the modification and completion of the Government Decree No. 39/2005 on Cinematography. The final decision will be taken by the lower chamber, the Chamber of Deputies (see IRIS 2002-7/30, IRIS 2003-2/23, IRIS 2016-10/23 and IRIS 2017-8/32).

The Emergency Government Decree No. 67/2017 aims at securing the functioning of Romanian film production, as well as at giving the Romanian film industry financial support to produce films dedicated to the Centennial of the union of the territories inhabited mainly by Romanians, which will be celebrated in 2018, or films dedicated to well-known personalities and special cultural activities. The Government considered that there was a discrepancy between the support given by the state, through the obsolete financial and administrative capabilities of the Romanian institutions, and the internationally recognised importance of Romanian cinema, which has received many prestigious international awards..

A fourth section for the selection contest for cinematographic projects was introduced to Article 35 (2) d): a section of long- or short-themed feature films, beyond the existing sections (long or short fiction films, documentaries, animated films). Article 37 (3) was modified to introduce the provision that at least 10% of the total funds allocated for a cinematographic projects competition session be dedicated to themed films. Article 39 (4) a) was modified to allow the 5-member committee which selects the fiction films in the projects contest to also select the themed feature films, long or short.

A new paragraph c1), concerning the list of film projects selected for fiction themed feature films or short films, was introduced in Article 43 (1) which details the composition of the list of selected film projects. According to the new form of Article 55 (3), the repayment period of the direct credit for the production of a film has been increased from 10 to 20 years in order to facilitate the producers' repayment of the loan. According to the new form of Article 55 (4), the period after which, if the loan is not fully repaid, the National Film Center may have the right to exploit the film in question, was simultaneously increased to 20 years.

According to the Emergency Government Decree No. 67/2017, for credit agreements in progress at the date of entry into force of the act, the producer may opt to conclude an addendum to extend the repayment period provided for in the contract until the end of the credit repayment period.

References
The Proiect de Lege privind aprobarea Ordonanţei de urgenţã a Guvernului nr.67/2017 pentru modificarea şi completarea Ordonanţei Guvernului nr.39/2005 privind cinematografia - forma adoptată de Senat RO
 http://merlin.obs.coe.int/redirect.php?id=18803
 
  Draft Law for the approval of the Emergency Government Decree No. 67/2017 on the modification and completion of the Government Decree No. 39/2005 on Cinematography - form adopted by the Senate      
The Ordonanţa de urgenţă a Guvernului nr.67/2017 pentru modificarea şi completarea Ordonanţei Guvernului nr. 39/2005 privind cinematografia RO
 http://merlin.obs.coe.int/redirect.php?id=18804
 
  Emergency Government Decree No. 67/2017 on the modification and completion of the Government Decree No. 39/2005 on Cinematography