The European Convention on Joint Cinematographic Production was signed on behalf of Ukraine as of October 2, 1992 in Strasbourg.
The Verkhovna Rada of Ukraine ratified the Convention on 18.03.2009 (by adopting the Law of Ukraine No. 1140-VI). The current version – as amended by the Law of Ukraine No. 579-VII dated September 18, 2013
Essence of Convention
In Article 1 of the Convention, its parties undertake to promote the development of European joint cinematic production.
The Convention applies to:
— products of joint production, the creation of which involves at least three co-producers located in the territory of three different Parties to the Convention; and
— products of joint production, the creation of which involves at least three co-producers located in the territory of three different Parties to the Convention, and one or more co-producers which are not located on the territory of these Parties. However, the total contribution of co-producers which are not located on the territory of the Parties to the Convention may not exceed 30% of the total cost.
According to Article 4 of the Convention, European cinematic works created as products of multilateral production and which fall under the scope of the Convention have the benefits granted to national films by legislative and regulatory provisions in force on the territory of each of the Parties to the Convention, which participated in the relevant joint production. Benefits are provided to each co-producer by the Party on the territory of which it is located.
Any joint production of cinematic works shall be approved by the competent authorities of the Parties on the territory of which co-producers are located, after consultations between the competent authorities. Projects of a frankly pornographic nature or advocating violence or openly offending human dignity cannot be granted the status of a joint production product (Article 5 of the Convention). The competent authority for granting the status of a joint production product in Ukraine will be the Ministry of Culture and Tourism of Ukraine.
Article 8 of the Convention stipulates that the contribution of each co-producers includes actual technical and creative participation. In addition, the contribution of co-producers, which relates to creative, technical and acting personnel, the composition of performers and equipment, should be proportional to the amount of their financial contribution.
Requirements for products that may be granted the status of a product of joint production are contained in Article 9 of the Convention.
According to Article 10 of the Convention, in cinematic relations between the Parties, a general balance should be maintained in relation to both the total amount of invested funds and technical and creative participation in the creation of cinematic works of joint production. A party that, after a reasonable period, notices a deficit in its joint production relations with one or more Parties in order to maintain its cultural identity, may abstain from approving further product of joint production until balanced cinematic relations with such Parties.
It is provided that each Party should facilitate the entry of technical and acting personnel of other Parties involved in the creation of a joint production product into its territory, its stay on it, as well as granting work permits on its territory. Similarly, each Party grants a permit for temporary importation and export of equipment necessary for the production and distribution of cinematic works (Article 11 of the Convention).
According to Article 13 of the Convention, if joint production cinematic work is exported to a country where the import of cinematic works is subject to quotas, and if one of the co-producers does not have the right to freely import its cinematic works into the importing country:
— cinematic work, as a rule, is added to the quota of the country with the greatest participation;
— cinematic work is added to the quota of the country, which has the best opportunities for export to the importing country, if the participation of different countries in the production of cinematic works is the same;
— cinematic work is included in the quota of the Party, which provided the director, if the provisions of the above-mentioned sub-paragraphs are not possible to apply.
When granting the status of a joint production product, the competent authority of the Party has the right to demand from the co-producer located on its territory to produce the final version of the cinematic work in one of the languages of this Party (Article 14 of the Convention).
In accordance with Article 15 of the Convention, if co-producers do not decide otherwise, then at international festivals cinematic works of joint production is demonstrated by the Party in which territory the co-producer with the greatest participation is located, or if the financial participation is the same – the Party that provided director.
The Convention is open for signing by member states of the Council of Europe and other member states of the European Cultural Convention, which can express their consent to be obligated by:
— signing without reservation regarding ratification, acceptance or approval; or
— signing with the condition of ratification, acceptance or approval with subsequent ratification, acceptance or approval.
It is envisaged that ratification certificates or documents of acceptance or approval shall be deposited to the Secretary General of the Council of Europe.
Law of Ukraine "On ratification of the European Convention on Joint Cinematographic Production" and European Convention on Joint Cinematographic Production (UA) European Convention on Joint Cinematographic Production (EN)