European Commission: Public Consultation on Future Film Support Rules

IRIS 2012-5:1/5

Nick Kruijsen

Institute for Information Law (IViR), University of Amsterdam

On 14 March 2012 the European Commission launched a public consultation on the state aid assessment criteria for member states' film support schemes in the future. The current criteria for the compatibility of national, regional and local film and audiovisual support schemes with EU state aid rules set out in the Commission's 2001 Cinema Communication (see IRIS 2001-9/10) are due to expire on 31 December 2012.

The public consultation invites stakeholders to comment on the Commission’s draft Communication on State Aid for Films and Other Audiovisual Works. It is the next step in the review process of the state aid rules, which started in June 2011 with a first public consultation on the basis of an issues paper. The draft Communication results from the proposals made in the issues paper and the contributions received in the first round of public consultation. Its objective is to create a level playing field between member states and encourage cross-border productions, taking advantage of the internal market rules.

The draft Communication aims to ensure that European audiences are offered a more culturally diverse choice of audiovisual works. To that effect, the public consultation invites public authorities, organisations and citizens to provide input, before 14 June 2012, on the following issues:

- the extension of the scope of activities covered by the Communication to include all film aspects from story concept to delivery to the audience;

- the limitation of territorial spending obligations on film production;

- the control of competition between member states to use state aid to attract investment from major foreign productions; and

- a better circulation of and increasing access to European films for the benefit of both the European audiovisual industry and the citizens.

After reviewing the comments received, the Commission plans to adopt a revised Communication in the second half of 2012.