France

[SI] Co-production Agreement between France and Slovenia

IRIS 2011-7:1/44

Denis Miklavcic

Union Conference of Freelance Workers in Culture and Media (SUKI)

On 25 May 2011 the Ministers of Culture of Slovenia and France signed an Agreement on Film Co-production in Brussels.

The Agreement is an upgrade to the European Convention on Cinematographic Co-productions. Both states are also signatories of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions and wish to renew and deepen their co-operation in the field of cinematography and to improve the use of their common cinematographic heritage.

The competent institutions are the Centre national du cinéma et de l’image animée (CNC - National Centre of Cinematography) and the Slovenski Filmski Center, javna agencija Republike Slovenije (SFC - Slovenian Film Centre, public agency of the Republic of Slovenia).

Cinematographic works produced under the Agreement are treated as national works under the legislation applied in the respective national territory. Works that are co-produced under the Agreement have the right to incentives and aid in both countries, which are granted to the producer only from the country where the competent institution confirmed the support. This confirmation is to be made no later than four months after the cinematographic release in Slovenia or France.

The Agreement sets up a protocol of mutual exchange of information about legislation and other relevant acts. The competent institutions communicate about all matters concerning applications for benefits under the Agreement. They must consult each other before they reject an application and have to reach an agreement before cancelling a project that was confirmed. The confirmation of a co-production project does not bind any country to grant the permission to cinematographic release.

To be entitled to benefit the respective production companies must have a good technical and financial organisation and references in the industry that are acknowledged by the competent institution. The creative and technical staff must be Slovenian or French citizens or citizens of another EU member state or of the European Economic Area. Citizens of other countries have to prove that they have lived more than five years in Slovenia or France. As an exception the competent institutions may confirm co-operation projects of staff that does not match the criteria after mutual reconciliation of opinions. The studio shooting must be done in Slovenia or France while the field shooting may be performed on other territories after the competent institutions approval.

The investment share of the co-producers ranges from 20-80% of the final costs of the work. The creative and technical share must be relative to the financial one. As an exception the minimum investment can be reduced to 10% considering the creative and technical share. The income share is set freely by the co-producers respecting the investments.

Each co-producer is owner of all property rights. The material is deposited in a laboratory mutually chosen.

A general balance must be found in terms of the creative, technical and financial contribution. The competent institutions are checking this balance bi-yearly and taking respective measures if necessary. The general balance is judged by a mixed commission consisting of representatives of the institutions and experts from both countries. Each competent institution makes a summary of all grants and financing which then is the basis of the balance analysis.

It must be stated in titles, spots and other promotional material as well as in festival announcements that the work is a French-Slovenian co-production.

It is permitted to co-produce the cinematographic works benefiting from this Agreement with one or more producers from other countries Slovenia or France have signed cinematographic co-production agreements with. In case there are more co-producers involved from the signatory states of the European Convention on Cinematographic Co-productions the provisions of the Convention might apply. The Convention has priority in case the Agreement is in contradiction to it.

Special attention is given to the field of education, especially for cinematic art professions. The competent institutions explore the possibilities of funds that would enable mutual distribution and promotion of cinematographic works of both partners as well as an exchange of film expert’s knowledge. They recognise the need to stimulate cultural diversity and mutual recognition through educational programmes or co-operation at film festivals. A co-produced cinematographic work must be presented by the partner providing the major producer unless the competent institutions agree differently.

The Agreement is set for one year term which is prolonged automatically if no partner objects.