Report | Doc. 13987 | 17 February 2016
Draft Council of Europe Convention on Cinematographic Coproduction (revised)
Committee on Culture, Science, Education and Media
Summary
The Committee on Culture, Science, Education and Media commends the approach and principles inspiring the Draft Council of Europe Convention on Cinematographic Co-production (revised). In order to keep pace with the important changes in the world of cinematographic co-productions, it is crucial to update the common legal framework, building on economic realities, and to open the Convention to non-European countries. It is also necessary to recognise the multifaceted nature of Europe, seeking to encourage cultural diversity and intercultural dialogue.
However, the system should be completed by the establishment of a proper monitoring body; otherwise it would be deprived of the possibility to remain dynamic. This body should have the entitlement and means to achieve better co-ordination and harmonisation of the implementation of the convention, especially by the sharing of best practice and the development and analysis of data sets measuring the level of co-production activity.
In addition, the preamble of the revised convention should include an explicit reference to the Council of Europe Framework Convention on the Value of Cultural Heritage for Society and should clearly state that film has a role in upholding openness between cultures and dialogue, and that co-production status shall be denied to those works that advocate discrimination, hate or violence or openly offend human dignity.
A. Draft opinion
(open)“Article 22 – Follow-up mechanism
1. The implementation of the Convention shall be monitored by a Committee of Experts composed of one member per Party, nominated by the Party concerned.
2. The Committee of Experts shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention. It shall subsequently meet annually.
3. The Committee of Experts shall draw up and adopt by consensus its own rules of procedure.
4. The Committee of Experts shall be assisted by the Secretariat of the Council of Europe in carrying out its functions.
5. The Committee of Experts shall collect and analyse information on the implementation of this Convention and assess its impact seeking to promote its effective use and, in particular:a. to facilitate the exchange between States of experience and good practice, as well as the exchange of information on significant legal, policy or technological developments;b. to identify any problems that may arise and the effects of any declaration or reservation made under this Convention;c. to give advice on any questions concerning the application of this Convention and to make specific recommendations to Parties.
6. In order to discharge its functions, the Committee of Experts may, on its own initiative, consult relevant stakeholders and professional experts.
7. The Committee of Experts may, in the interests of ensuring their continued relevance to common practices in the cinematographic industry, propose amendments to the provisions of Appendices I and II of this Convention.a. Amendments thus proposed shall be communicated by the Secretary General of the Council of Europe to the Parties;b. After having consulted the Parties the Committee of Ministers may adopt an amendment proposed in accordance with paragraph 1 by the majority provided for in Article 20.d, of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of any objection to the entry into force of the amendment in its respect;c. If one third of the Parties notifies the Secretary General of an objection to the entry into force of the amendment, the amendment shall not enter into force;d. If less than one third of the Parties notifies an objection, the amendment shall enter into force for those Parties which have not notified an objection;e. Once an amendment has entered into force in accordance with paragraphs 1 to 4 of this Article and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which the Party has notified the Secretary General of the Council of Europe of its acceptance of the amendment. A Party which has made an objection may withdraw it at any time by notifying the Secretary General of the Council of Europe;f. If the Committee of Ministers adopts an amendment, a State or the European Union may not express its consent to be bound by the Convention without accepting at the same time the amendment.”
B. Explanatory memorandum by Mr Jensen, rapporteur
(open)1. Introduction
2. Key elements of the revised Convention and main changes which are sought
a. co-productions involving at least three co-producers, established in three different Parties to the Convention;
b. co-productions involving at least three co-producers established in three different Parties to the Convention and one or more co-producers that 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.
3. Proposals for improvements
3.1. The absence of a proper monitoring system
- not all the States potentially Parties to the revised Convention are represented on the Eurimages Board of Management; in addition, this Board, although highly competent, acts within the scope of the Partial Agreement and does not work with the whole film industry in all its dimensions and complexity;
- a proper monitoring body should also be entrusted with other important functions, in order to achieve:
- better co-ordination and harmonisation of the implementation of the Convention across countries, notably by providing for the sharing of best practice;
- the development and analysis of data sets measuring the level of co-production activity under the revised Convention and the concrete impact of new provisions therein.
“Article 22 – Follow-up mechanism
1. The implementation of the Convention shall be monitored by a Committee of Experts composed of one member per Party, nominated by the Party concerned.
2. The Committee of Experts shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention. It shall subsequently meet annually.
3. The Committee of Experts shall draw up and adopt by consensus its own rules of procedure.
4. The Committee of Experts shall be assisted by the Secretariat of the Council of Europe in carrying out its functions.
5. The Committee of Experts shall collect and analyse information on the implementation of this Convention and assess its impact seeking to promote its effective use and, in particular:a. to facilitate the exchange between States of experience and good practice, as well as the exchange of information on significant legal, policy or technological developments;b. to identify any problems that may arise and the effects of any declaration or reservation made under this Convention;c. to give advice on any questions concerning the application of this Convention and to make specific recommendations to Parties.
6. In order to discharge its functions, the Committee of Experts may, on its own initiative, consult relevant stakeholders and professional experts.
7. The Committee of Experts may, in the interests of ensuring their continued relevance to common practices in the cinematographic industry, propose amendments to the provisions of Appendices I and II of this Convention.a. Amendments thus proposed shall be communicated by the Secretary General of the Council of Europe to the Parties;b. After having consulted the Parties the Committee of Ministers may adopt an amendment proposed in accordance with paragraph 1 by the majority provided for in Article 20.d, of the Statute of the Council of Europe. The amendment shall enter into force following the expiry of a period of one year after the date on which it has been forwarded to the Parties. During this period, any Party may notify the Secretary General of any objection to the entry into force of the amendment in its respect;c. If one third of the Parties notifies the Secretary General of an objection to the entry into force of the amendment, the amendment shall not enter into force;d. If less than one third of the Parties notifies an objection, the amendment shall enter into force for those Parties which have not notified an objection;e. Once an amendment has entered into force in accordance with paragraphs 1 to 4 of this Article and a Party has notified an objection to it, this amendment shall come into force in respect of the Party concerned on the first day of the month following the date on which the Party has notified the Secretary General of the Council of Europe of its acceptance of the amendment. A Party which has made an objection may withdraw it at any time by notifying the Secretary General of the Council of Europe;f. If the Committee of Ministers adopts an amendment, a State or the European Union may not express its consent to be bound by the Convention without accepting at the same time the amendment.”
3.2. Other proposed changes
“...
Considering that fostering the cultural diversity of the various European countries is one of the aims of the European Cultural Convention and that the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro, 27 October 2005 – CETS No. 199) recognises the role of cultural heritage in the promotion of cultural diversity;
Having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (Paris, 20 October 2005), which recognises cultural diversity as a defining characteristic of humanity and strives to strengthen the creation, production, dissemination, distribution and enjoyment of cultural expressions;
Considering that cinematographic co-production, as an instrument of creation and expression of cultural diversity on a global scale, should be reinforced;
Aware that film is an important means of cultural and artistic expression with an essential role in upholding the freedom of expression, diversity and creativity, as well as openness between cultures, mutual understanding between people within countries and across borders, dialogue and democratic citizenship.
...”