Verdrag van de Raad van Europa inzake de coproductie van audiovisuele werken in de vorm van series

The Parties to this Convention undertake to foster international co-production of audiovisual works in the form of series, in accordance with the following provisions.

1. This Convention shall govern relations between the Parties in the field of co-productions of audiovisual works in the form of series originating in the territory of the Parties.
2. This Convention shall apply to:
a. bilateral co-productions involving two independent co-producers established in two different Parties to the Convention, and which may involve one or more other co-producers; and
b. multilateral co-productions involving three or more independent co-producers established in different Parties to the Convention, and which may involve one or more other co-producers.
In all cases, this Convention shall apply only on condition that the work meets the definition of an officially co-produced audiovisual work in the form of series, as defined in Article 3, sub-paragraph f, below.
3. In the case of multilateral co-productions, the provisions of this Convention shall override those of bilateral agreements between the Parties to the Convention.
4. The provisions of the bilateral agreements concluded between the Parties to this Convention, which are relevant to audiovisual works in the form of series, shall apply to bilateral co-productions unless the Parties concerned decide to apply this Convention.

For the purposes of this Convention:
a. the term “audiovisual work in the form of a series” (hereinafter “series”) shall mean a scripted fiction, documentary or animation work, presented in a succession of episodes of any length, intended to be made available by linear or non-linear means by a media service provider;
b. the term “media service provider” shall mean the natural or legal person that has editorial responsibility for the choice of audiovisual content of the audiovisual media service, and that determines the manner in which it is organised;
c. the term “season” shall mean a coherent group of episodes in the form of a sequence usually, but not exclusively, made available over a period of twelve months;
d. the term “co-producers” shall mean audiovisual production companies, media service providers or other actors bound by a co-production contract;
e. the term “independent co-producers” shall mean audiovisual production companies that are bound by a co-production contract and qualify as independent under the domestic law provisions of their countries of establishment or, in the absence of such provisions, that satisfy the criteria of independence as set out in Appendix III of this Convention;
f. the term “officially co-produced series” (hereinafter “the official co-production”) shall mean an audiovisual work in the form of a series which falls within the scope of this Convention and which is compliant with Articles 6 to 8 under Chapter II of this Convention and the criteria laid down in Appendix I, which is an integral part of this Convention.

1. The official co-production, as defined under Article 3, sub-paragraph f of this Convention, shall be eligible for the financial benefits granted to national works by the legislative and regulatory provisions in force in each of the Parties to this Convention that are participating in the co-production concerned.
2. The financial benefits shall be granted to each independent co-producer by the Party in which the independent co-producer is established, insofar as the conditions and limits provided for by the legislative and regulatory provisions in force in that Party are complied with.

1. Any official co-production shall be subject to the approval of the competent authorities of the Parties in which the independent co-producers are established, after consultation between the competent authorities and in accordance with the procedures laid down in Appendix II. This appendix shall form an integral part of this Convention.
2. Applications for official co-production status shall be submitted for approval to the competent authorities according to the application procedure laid down in Appendix II. This approval shall be final except in the case of failure to comply with the initial undertakings concerning artistic, financial or technical matters.
3. Series of a blatantly pornographic nature or those that advocate discrimination, hate or violence, or that seriously violate human dignity cannot be accorded official co-production status.
4. The benefits provided by official co-production status shall be granted to independent 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 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 time afterwards.

1. In the case of bilateral co-productions, the minimum financial contribution from a co-producer or co-producers established in one Party may not be less than 10% and the largest financial contribution may not exceed 90% of the total production cost of the series.
2. In the case of multilateral co-productions, the minimum financial contribution from a co-producer or co-producers established in one Party may not be less than 5% and the maximum financial contribution may not exceed 80% of the total production cost of the series.

1. The co-production contract must guarantee to each independent co-producer an ownership share of rights to the finished work. The allocation of shares should take into account the respective financial contributions of the independent co-producers and their creative and technical expenditures.
2. The ownership share assigned to co-producers that are not established in a Party to the Convention may not exceed a total of 30%.
3. A share of exploitation rights and revenues shall be assigned to each independent co-producer. Exploitation rights may not be licensed in perpetuity and the periods of licensing shall allow the independent co-producers to benefit from the residual value of the rights.

1. The series is initiated by at least one independent co-producer.
2. The contribution of each of the independent co-producers shall include effective technical and artistic participation.
3. The independent co-producers shall manage and participate in key creative and production decisions.

Media service providers and their subsidiaries involved in an official co-production shall provide audience data and information on the exploitation of series that have obtained official co-production status.
This information shall be provided to all co-producers of the series and may be collected by the competent authorities, as defined in Article 5, paragraph 5, of this Convention, as far as relevant competition law allows.

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

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

1. Co-producing countries shall be credited in official co-productions.
2. The names of these countries shall be clearly mentioned in the credit titles, in all publicity and promotion material and when official co-productions are made available to the public.

When an official co-production is exported to a country where imports of series are subject to quotas and one of the co-producing Parties does not have the right of free entry for its series to the importing country:
a. the official co-production shall normally be added to the quota of the country which has the majority financial participation;
b. in the case of an official co-production which comprises an equal participation from different countries, the season 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 official co-production shall be entered in the quota of the Party that provides the series creator.

When granting official co-production status, the competent authority of a Party may demand from the independent co-producer established therein a final version of the series in one of the languages of that Party.

1. The Board of Management of the European Support Fund for the Co-production and Distribution of Creative Cinematographic and Audiovisual Works, “Eurimages” (hereinafter “the Board”), in its composition restricted to the Parties to this Convention, shall be responsible for the follow-up to this Convention.
2. Any Party to this Convention which is not a member of “Eurimages” may be represented in the Board and have one vote in any meeting convened to carry out follow-up tasks.
3. The Board, when meeting for the purpose of carrying out follow-up tasks, shall be convened by the Secretary General of the Council of Europe whenever necessary and, in any case, when a majority of the Parties requests its convocation.
4. The Board shall be promptly convened after the entry into force of the Convention in 10 States.
5. In order to promote the effective application of this Convention, the Board, when acting within the meaning of the two previous paragraphs, may:
a. make proposals to facilitate the exchange between the Parties of experience and good practice;
b. formulate its opinion on any question concerning the application and the implementation of this Convention, and make specific recommendations to the Parties in this respect.
6. In order to update the provisions of Appendices I, II and III of this Convention to ensure their continuing relevance to common practices in the series industry, amendments may be proposed by any Party, by the Committee of Ministers or by the Board in its restricted composition. These amendments shall be communicated by the Secretary General of the Council of Europe to the Parties.
7. After having consulted the Parties, the Committee of Ministers may adopt an amendment proposed in accordance with paragraph 6 of this article by the majority provided for in Article 20.d of the Statute of the Council of Europe (ETS No. 1). 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.
8. If one third of the Parties notify the Secretary General of the Council of Europe of an objection to the entry into force of the amendment, the amendment shall not enter into force.
9. If less than one third of the Parties notify the Secretary General of an objection, the amendment shall enter into force for those Parties which have not made an objection.
10. Once an amendment has entered into force in accordance with paragraphs 7 and 9 of this article, and a Party has made 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.
11. If the Committee of Ministers adopts an amendment, a State may not express its consent to be bound by the Convention without accepting at the same time the amendment.

1. This Convention shall be open for signature by the member States of the Council of Europe and the other States Parties 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.

1. This 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 three States, including at least two 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, this 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 the deposit of the instrument of ratification, acceptance or approval.

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consultation of the Parties, invite any State which is not a member of the Council of Europe 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, this 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.

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 the declaration by the Secretary General.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such a 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 a notification by the Secretary General.

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, reserve the right to fix a minimum financial contribution different from those laid down in Article 6 of this Convention. 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 a notification by the Secretary General.

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. The 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.

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Convention, or has been 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 reservation and withdrawal of a reservation made in pursuance of Article 20;
e. any declaration made in accordance with Article 5, paragraph 5;
f. any denunciation notified in accordance with Article 21;
g. any other act, notification or communication relating to this Convention.