Zakon o ratifikaciji Evropske konvencije o filmski koprodukciji (MEKFK)

Ratificira se Evropska konvencija o filmski koprodukciji, sprejeta 2. oktobra 1992 v Strasbourgu.

Konvencija se v izvirniku v angleškem in prevodu v slovenskem jeziku glasi:

Preamble

The member States of the Council of Europe and the other States party to the European Cultural Convention, signatory hereto,
    Considering that the aim of the Council of Europe is to achieve a greater unity between its members in order, in particular, to safeguard and promote the ideals and principles which form their common heritage;
    Considering that freedom of creation and freedom of expression constitute fundamental elements of these principles;
    Considering that the defence of cultural diversity of the various European countries is one of the aims of the European Cultural Convention;
    Considering that cinematographic co-production, an instrument of creation and expression of cultural diversity on a European scale, should be reinforced;
    Determined to develop these principles and recalling the recommendations of the Committee of Ministers on the cinema and the audiovisual field, and particularly Recommendation No. R (86) 3 on the promotion of audiovisual production in Europe;
    Acknowledging that the creation of the European Fund for the Support of Co-production and Distribution of Creative Cinematographic and Audiovisual Works, Eurimages, meets the concern encouraging European cinematographic co-production and that a new driving force has thus been given to the development of cinematographic co-productions in Europe;
    Resolved to achieve this cultural objective thanks to a common effort to increase production and define the rules which adapt themselves to European multilateral cinematographic co-productions as a whole;
    Considering that the adoption of common rules tends to decrease restrictions and encourage European co-operation in the field of cinematographic co-production,
    Have agreed as follows:

Chapter I – General provisions

Article 1 – Aim of the Convention

   The Parties to this Convention undertake to promote the development of European
   cinematographic co-production in accordance with the following provisions.

Article 2 – Scope

1   This Convention shall govern relations between the Parties in the field of
    multilateral co-productions originating in the territory of the Parties.
2   This Convention shall apply:
    a  to co-productions involving at least three co-producers, established in
       three different Parties to the Convention; and
    b  to co-productions involving at least three co-producers established in
       three different Parties to the Convention and one or more co-producers who
       are not established in such Parties. The total contribution of the co
       producers who are not established in the Parties to the Convention may not,
       however, exceed 30% of the total cost of the production.
       In all cases, this Convention shall only apply on condition that the
       co-produced work meets the definition of a European cinematographic work
       defined in Article 3, paragraph 3, below.
3   The provisions of bilateral agreements concluded between the Parties to this
    Convention shall continue to apply to bilateral co-productions.
    In the case of multilateral co-productions, the provisions of this Convention
    shall override those of bilateral agreements between Parties to the
    Convention. The provisions concerning bilateral co-productions shall remain
    in force if they do not contravene the provisions of this Convention.
4   In the absence of any agreement governing bilateral co-production relations
    between two Parties to this Convention, the Convention shall also apply to
    bilateral co-productions, unless a reservation has been made by one of the
    Parties involved under the terms of Article 20.

Article 3 – Definitions

   For the purposes of this Convention:
a  the term “cinematographic work” shall mean a work of any length or medium, in
   particular cinematographic works of fiction, cartoons and documentaries, which
   complies with the provisions governing the film industry in force in each of
   the Parties concerned and is intended to be shown in cinemas;
b  the term “co-producers” shall mean cinematographic production companies or
   producers established in the Parties to this Convention and bound by a co
   production contract;
c  the term “European cinematographic work” shall mean a cinematographic work
   which meets the conditions laid down in Appendix II, which is an integral part
   of this Convention;
d  the term “multilateral co-production” shall mean a cinematographic work
   produced by at least three co-producers as defined in Article 2, paragraph 2,
   above.

Chapter II – Rules applicable to co-productions

Article 4 – Assimilation to national films

1  European cinematographic works made as multilateral co-productions and falling
   within the scope of this Convention shall be entitled to the benefits granted
   to national films by the legislative and regulatory provisions in force in each
   of the Parties to this Convention participating in the co-production concerned.
2  The benefits shall be granted to each co-producer by the Party in which the co
   producer is established, under the conditions and limits provided for by the
   legislative and regulatory provisions in force in that Party and in accordance
   with the provisions of this Convention.

Article 5 – Conditions for obtaining co-production status

1  Any co-production of cinematographic works shall be subject to the approval of
   the competent authorities of the Parties in which the co-producers are
   established, after consultation between the competent authorities and in
   accordance with the procedures laid down in Appendix I. This appendix shall
   form an integral part of this Convention.
2  Applications for co-production status shall be submitted for approval to the
   competent authorities according to the application procedure laid down in
   Appendix I. This approval shall be final except in the case of failure to
   comply with the initial undertakings concerning artistic, financial and
   technical matters.
3  Projects of a blatantly pornographic nature or those that advocate violence or
   openly offend human dignity cannot be accorded co-production status.
4  The benefits provided by co-production status shall be granted to co-producers
   who are deemed to possess adequate technical and financial means, and
   sufficient professional qualifications.
5  Each Contracting State shall designate the competent authorities mentioned in
   paragraph 2 above by means of a declaration made at the time of signature or
   when depositing its instrument of ratification, acceptance, approval or
   accession. This declaration may be modified at any later date.

Article 6 – Proportions of contributions from each co-producer

1  In the case of multilateral co-production, the minimum contribution may not be
   less than 10% and the maximum contribution may not exceed 70% of the total
   production cost of the cinematographic work. When the minimum contribution is
   less than 20%, the Party concerned may take steps to reduce or bar access to
   national production support schemes.
2  When this Convention takes the place of a bilateral agreement between two
   Parties under the provisions of Article 2, paragraph 4, the minimum
   contribution may not be less than 20% and the largest contribution may not
   exceed 80% of the total production cost of the cinematographic work.

Article 7 – Rights of co-producers

1  The co-production contract must guarantee to each co-producer joint ownership
   of the original picture and sound negative. The contract shall include the
   provision that this negative shall be kept in a place mutually agreed by the
   co-producers, and shall guarantee them free access to it.
2  The co-production contract must also guarantee to each co-producer the right to
   an internegative or to any other medium of duplication.

Article 8 – Technical and artistic participation

1  The contribution of each of the co-producers shall include effective technical
   and artistic participation. In principle, and in accordance with international
   obligations binding the Parties, the contribution of the co-producers relating
   to creative, technical and artistic personnel, cast and facilities, must be
   proportional to their investment.
2  Subject to the international obligations binding the Parties and to the demands
   of the screenplay, the technical and craft team involved in filming the work
   must be made up of nationals of the States which are partners in the co

Article 9 – Financial co-productions

1  Notwithstanding the provisions of Article 8, and subject to the specific
   conditions and limits laid down in the laws and regulations in force in the
   Parties, co-productions may be granted co-production status under the
   provisions of this Convention if they meet the following conditions:
   a   include one or more minority contributions which may be financial only, in
       accordance with the co-production contract, provided that each national
       share is neither less than 10% nor more than 25% of the production costs;
   b   include a majority co-producer who makes an effective technical and
       artistic contribution and satisfies the conditions for the cinematographic
       work to be recognised as a national work in his country;
   c   help to promote a European identity; and
   d   are embodied in co-production contracts which include provisions for the
       distribution of receipts.
2  Financial co-productions shall only qualify for co-production status once the
   competent authorities have given their approval in each individual case, in
   particular taking into account the provisions of Article 10 below.

Article 10 – General balance

1  A general balance must be maintained in the cinematographic relations of the
   Parties, with regard both to the total amount invested and the artistic and
   technical participation in co-production cinematographic works.
2  A Party which, over a reasonable period, observes a deficit in its co
   production relations with one or more other Parties may, with a view to
   maintaining its cultural identity, withhold its approval of a subsequent co
   production until balanced cinematographic relations with that or those Parties  have been restored.

Article 11 – Entry and residence

   In accordance with the laws and regulations and international obligations in
   force, each Party shall facilitate entry and residence, as well as the granting
   of work permits in its territory, of technical and artistic personnel from
   other Parties participating in a co-production. Similarly, each Party shall
   permit the temporary import and re-export of equipment necessary to the
   production and distribution of cinematographic works falling within the scope
   of this Convention.

Article 12 – Credits of co-producing countries

1  Co-producing countries shall be credited in co-produced cinematographic works.
2  The names of these countries shall be clearly mentioned in the credit titles,
   in all publicity and promotion material and when the cinematographic works are
   being shown.

Article 13 – Export

     When a co-produced cinematographic work is exported to a country where
     imports of cinematographic works are subject to quotas, and one of the co
     producing Parties does not have the right of free entry for his
     cinematographic works to the importing country:
a    the cinematographic work shall normally be added to the quota of the country
     which has the majority participation;
b    in the case of a cinematographic work which comprises an equal participation
     from different countries, the cinematographic work shall be added to the
     quota of the country which has the best opportunities for exporting to the
     importing country;
c    when the provisions of sub-paragraphs a and b above cannot be applied, the
     cinematographic work shall be entered in the quota of the Party which
     provides the director.

Article 14 – Languages

   When according co-production status, the competent authority of a Party may
   demand from the co-producer established therein a final version of the
   cinematographic work in one of the languages of that Party.

Article 15 – Festivals

   Unless the co-producers decide otherwise, co-produced cinematographic works
   shall be shown at international festivals by the Party where the majority co
   producer is established, or, in the case of equal financial participation, by
   the Party which provides the director.

Chapter III – Final provisions

Article 16 – Signature, ratification, acceptance, approval

1  This Convention shall be open for signature by the member States of the Council
   of Europe and the other States party to the European Cultural Convention which
   may express their consent to be bound by:
   a signature without reservation as to ratification, acceptance or approval; or
   b signature subject to ratification, acceptance or approval, followed by
     ratification, acceptance or approval.
2  Instruments of ratification, acceptance or approval shall be deposited with the
   Secretary General of the Council of Europe.

Article 17 – Entry into force

1  The Convention shall enter into force on the first day of the month following
   the expiration of a period of three months after the date on which five States,
   including at least four member States of the Council of Europe, have expressed
   their consent to be bound by the Convention in accordance with the provisions
   of Article 16.
2  In respect of any signatory State which subsequently expresses its consent to
   be bound by it, the Convention shall enter into force on the first day of the
   month following the expiration of a period of three months after the date of
   signature or of the deposit of the instrument of ratification, acceptance or
   approval.

Article 18 – Accession of non-member States

1  After the entry into force of this Convention, the Committee of Ministers of
   the Council of Europe may invite any European State not a member of the
   Council of Europe as well as the European Economic Community to accede to
   this Convention, by a decision taken by the majority provided for in Article
   20.d of the Statute of the Council of Europe, and by the unanimous vote of
   the representatives of the Contracting States entitled to sit on the
   Committee of Ministers.
2  In respect of any acceding State or of the European Economic Community, in
   the event of its accession, the Convention shall enter into force on the
   first day of the month following the expiration of a period of three months
   after the date of deposit of the instrument of accession with the Secretary
   General of the Council of Europe.

Article 19 – Territorial clause

1  Any State may, at the time of signature or when depositing its instrument of
   ratification, acceptance, approval or accession, specify the territory or
   territories to which this Convention shall apply.
2  Any Party may, at any later date, by a declaration addressed to the Secretary
   General of the Council of Europe, extend the application of this Convention to
   any other territory specified in the declaration. In respect of such territory,
   the Convention shall enter into force on the first day of the month following
   the expiration of a period of three months after the date of receipt of such
   declaration by the Secretary General.
3  Any declaration made under the two preceding paragraphs may, in respect of any
   territory specified in such declaration, be withdrawn by a notification
   addressed to the Secretary General. The withdrawal shall become effective on
   the first day of the month following the expiration of a period of three months
   after the date of receipt of such notification by the Secretary General.

Article 20 – Reservations

1  Any State may, at the time of signature or when depositing its instrument of
   ratification, acceptance, approval or accession, declare that Article 2,
   paragraph 4, does not apply to its bilateral co-production relations with one
   or more Parties. Moreover, it may reserve the right to fix a maximum
   participation share different from that laid down in Article 9, paragraph 1.a.
   No other reservation may be made.
2  Any Party which has made a reservation under the preceding paragraph may wholly
   or partly withdraw it by means of a notification addressed to the Secretary
   General of the Council of Europe. The withdrawal shall take effect on the date
   of receipt of such notification by the Secretary General.

Article 21 – Denunciation

1  Any Party may, at any time, denounce this Convention by means of a notification
   addressed to the Secretary General of the Council of Europe.
2  Such denunciation shall become effective on the first day of the month
   following the expiration of a period of six months after the date of receipt of
   the notification by the Secretary General.

Article 22 – Notifications

   The Secretary General of the Council of Europe shall notify the member States
   of the Council, as well as any State and the European Economic Community which
   may accede to this Convention or may be invited to do so, of:
a  any signature;
b  the deposit of any instrument of ratification, acceptance, approval or
   accession;
c  any date of entry into force of this Convention in accordance with Articles 17,
   18 and 19;
d  any declaration made in accordance with Article 5, paragraph 5;
e  any denunciation notified in accordance with Article 21;
 
f  any other act, notification or communication relating to this Convention.
 
   In witness whereof the undersigned, being duly authorised thereto, have signed
   this Convention.
 
   Done at Strasbourg, this 2nd day of October 1992, in English and French, both
   texts being equally authentic, in a single copy which shall be deposited in the
   archives of the Council of Europe. The Secretary General of the Council of
   Europe shall transmit certified copies to the States mentioned in Article 16,
   paragraph 1, as well as to any State and to the European Economic Community
   which may be invited to accede to this Convention.

	
                        Appendix I – Application procedure

In order to benefit from the provisions of this Convention, the co-producers
established in the Parties must, two months before shooting commences, submit an
application for co-production status and attach the documents listed below. These
documents must reach the competent authorities in sufficient number for them to be
communicated to the authorities of the other Parties at the latest one month
before shooting commences:
–  a copy of the contract for the purchase of the copyright or any other proof of
   purchase of the copyright for the commercial exploitation of the work;

–  a detailed script;
–  a list of the technical and artistic contributions from each of the countries
   involved;
–  an estimate and a detailed financing plan;
–  a production schedule of the cinematographic work;
–  the co-production contract made between the co-producers. This contract must
   include clauses providing for the distribution of receipts or territories
   between the co-producers.
The application and other documents shall be presented, if possible, in the
language of the competent authorities to which they are submitted.
The competent national authorities shall send each other the application and
attached documentation once they have been received. The competent authority of
the Party with the minority financial participation shall not give its approval
until the opinion of the Party with the majority financial participation has been
received.

	
                                   Appendix II

1  A cinematographic work qualifies as European in the sense of Article 3,
   paragraph 3, if it achieves at least 15 points out of a possible total of 19,
   according to the schedule of European elements set out below.
2  Having regard to the demands of the screenplay, the competent authorities may,
   after consulting together, and if they consider that the work nonetheless
   reflects a European identity, grant co-production status to the work with a
   number of points less than the normally required 15 points.

   European elements                    Weighting Points
   Creative group
   Director                                     3
   Scriptwriter                                 3
   Composer                                     1
                                                7

   Performing group
   First role                                   3
   Second role                                  2
   Third role                                   1
                                                6

   Technical craft group
   Cameraman                                    1
   Sound recordist                              1
   Editor                                       1
   Art director                                 1
   Studio or shooting location                  1
   Post-production location                     1
                                                6

N.B.
a  First, second and third roles are determined by number of days worked.
b  So far as Article 8 is concerned, “artistic” refers to the creative and
   performing groups, “technical” refers to the technical and craft group.

Preambula

Države članice Sveta Evrope in druge države pogodbenice Evropske kulturne konvencije, podpisnice te konvencije, so se

glede na to, da je cilj Sveta Evrope doseči večjo enotnost med njegovimi članicami, še zlasti zato, da bi varovali in pospeševali ideale in načela, ki so njihova skupna dediščina;

glede na to, da sta svoboda ustvarjanja in svoboda izražanja temeljni prvini teh načel;

glede na to, da je varovanje kulturne raznovrstnosti posameznih evropskih držav eden od ciljev Evropske kulturne konvencije;

glede na to, da bi morali okrepiti filmsko koprodukcijo kot sredstvo za ustvarjanje in izražanje kulturne raznovrstnosti v evropskem merilu;

odločene, da razvijajo ta načela in sklicujoč se na priporočila Odbora ministrov o filmskem in avdiovizualnem področju in še posebej na Priporočilo št. R (86) 3 o pospeševanju avdiovizualne produkcije v Evropi;

priznavajoč, da ustanovitev Evropskega sklada za podporo koprodukciji in distribuciji ustvarjalnih filmskih in avdiovizualnih del, Euroimages, ustreza skrbi za pospeševanje evropske filmske koprodukcije, kar je dalo novo spodbudo razvoju filmskih koprodukcij v Evropi;

odločene, da dosežejo ta kulturni cilj zahvaljujoč se skupnemu prizadevanju za povečanje produkcije in določitev pravil, ki so prilagojena evropskim večstranskim filmskim koprodukcijam kot celoti;

upoštevajoč, da sprejetje splošnih pravil teži k zmanjšanju omejitev in spodbujanju evropskega sodelovanja na področju filmske koprodukcije;

sporazumele, kot sledi:

Pogodbenice te konvencije se obvezujejo, da bodo spodbujale razvoj evropske filmske koprodukcije v skladu s temi določbami

1. Ta konvencija ureja odnose med pogodbenicami pri večstranskih koprodukcijah, ki nastajajo na ozemlju pogodbenic.

2. Ta konvencija se nanaša: