rijk/verdrag/verdrag-inzake-de-coproductie-van-films-tussen-de-regering-van-het-koninkrijk-de/BWBV0006554

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake de coproductie van films tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Volksrepubliek China	BWBV0006554	verdrag	geldend	2016-06-03	https://wetten.overheid.nl/BWBV0006554	Verdrag inzake de coproductie van films tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Volksrepubliek China

Verdrag inzake de coproductie van films tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Volksrepubliek China

Artikel 1

1.1.

For the purposes of this Agreement:

a. a. “Co-producer” means film production companies or producers of China or film production companies or producers of the Netherlands involved in the making of a co-production film, or, in relation to third-party co-productions under Article 6, includes co-producers which are not Nationals of either China or the Netherlands. b. b. “Co-production Film” is a film made by one or more Chinese producers (“the Chinese co-producer”) in conjunction with one or more producers from the Netherlands (“the Netherlands co-producer”) through joint investment and copyright, and includes a film to which Article 6 applies. A Co-production Film has a minimum creative and financial contribution from each co-producer, as set out in the Annex. c. c. “Film” means an aggregate of images, or of images and sounds, embodied in any material, including but not limited to fiction films, documentaries and animation films, and which are primarily intended for theatrical release, television, mobile phones and on/line platforms. “Film” also includes a film of a like nature to a feature film made for television (“telemovies”). d. d. “Nationals” means:

        i.
        in relation to China, citizens and legal persons of China;
      
      
        ii.
        in relation to the Netherlands, any individual possessing Dutch nationality;

i. i. in relation to China, citizens and legal persons of China; ii. ii. in relation to the Netherlands, any individual possessing Dutch nationality; e. e. “Residents” means:

        i.
        in relation to China, natural persons which are long-term or permanent Residents of China;
      
      
        ii.
        in relation to the Netherlands, persons who do not possess Dutch nationality but are permanent Residents of the Netherlands.

i. i. in relation to China, natural persons which are long-term or permanent Residents of China; ii. ii. in relation to the Netherlands, persons who do not possess Dutch nationality but are permanent Residents of the Netherlands. f. f. “Competent Authorities” means the authorities designated as such by the Contracting Parties as set out in the Annex.

Artikel 2

2.1. A Co-production Film shall be entitled to the full enjoyment of all the benefits which are or may be accorded in China and the Netherlands respectively to national films subject to the laws and/or regulations in force from time to time in each country. These benefits accrue solely to the co-producer of the country that grants them.

2.2.

The benefits referred to in paragraph (2.1) of this Article include, in particular:

a. a. the lifting of any quota restrictions that would otherwise apply to the import, distribution or exhibition of the film, and b. b. access to any special import arrangements, agreed between a Party and a third country which operates import quota restrictions, for the import of domestic films of that Party.

2.3. Notwithstanding paragraphs 2.1 and 2.2 of this Article, eligibility for any benefits in fiscal treatment (subject to the film satisfying the criteria that domestic films must meet for such benefits) follows exclusively from the laws and/or regulations in force from time to time in each country, due regard being had to the provisions of the Agreement Between the Government of the Kingdom of the Netherlands and the Government of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income signed in Beijing on May 31, 2013.

Artikel 3

3.1. The Competent Authority of each Contracting Party shall be set out in the Annex to this Agreement. Notwithstanding Article 14, if a Contracting Party wishes to designate another authority as its Competent Authority, that Contracting Party shall notify the other Contracting Party in advance in writing through diplomatic channels of such changes.

Artikel 4

4.1. Co-production Films must receive provisional approval from the respective Competent Authorities before they are put into production. It is the responsibility of the co-producers to provide any documentation required by the Competent Authorities to enable the Competent Authorities to complete their provisional approval processes.

4.2. Co-production Films must be made in accordance with the terms of the provisional approval which has been given by the Competent Authorities.

4.3. Upon completion of production, it is the responsibility of the co-producers to submit to the Competent Authorities the completed Co-production Film (and any documentation required by the Competent Authorities) to enable the Competent Authorities to complete their final approval processes before the Co-production Film receives the benefits of final approval, pursuant to Article 2.1.

4.4. In determining both provisional and final approval, the Competent Authorities shall apply the Annex to this Agreement to Co-production Films.

4.5. The Competent Authorities shall consult with each other to enable them to determine whether a project conforms with the provisions of this Agreement. Each Competent Authority, in deciding whether to grant or refuse provisional or final approval, shall apply its own policies and guidelines.

4.6. When approving a Co-production Film, each Competent Authority may stipulate conditions of approval framed in order to achieve the general aims and objectives of this Agreement. In the event of a disagreement between the Competent Authorities about the giving of such an approval or the inclusion of such a condition, the project concerned shall not be approved under this Agreement.

4.7. In relation to China, a Co-production Film will be recognized as having completed the provisional approval process once the Chinese Competent Authority has granted it “Project Establishment” status. A Co-production Film will be recognized as having completed the final approval process once the Chinese Competent Authority has granted it the “Film Public Screening Permit”.

4.8. In relation to the Netherlands, a Co-production Film will be recognized as having completed the provisional approval process once the Netherlands Competent Authority provides written notification to the Netherlands co-producer that provisional approval has been granted. A Co-production Film will be recognized as having completed the final approval process once the Netherlands Competent Authority provides written notification to the Netherlands co-producer that final approval has been granted.

Artikel 5

5.1. Production companies involved in a Co-production Film must be registered in accordance with the laws and regulations of the relevant Contracting Party. In addition, individual producers, production companies and studios must obtain any permit which is required by the Competent Authorities.

5.2. Co-production Films must be undertaken by film producers whose technical and financial capacity and professional experience satisfy the requirements of the respective Competent Authorities’ approval processes.

Artikel 6

6.1. With joint approval by the competent authorities, any third party co-producer may participate in co-producing a Co-production Film under this Agreement.

Artikel 7

7.1. The Chinese co-producer is responsible for applying for co-production status in China and doing all that is necessary to ensure the Co-production Film complies with the requirements of both the Chinese Competent Authority and the Chinese handling organization for granting co-production status.

7.2. The Netherlands co-producer is responsible for applying for co-production status in the Netherlands and doing all that is necessary to ensure the Co-production Film complies with the requirements of the Netherlands Competent Authority for granting co-production status.

7.3. Any third party co-producer shall fulfill all conditions relating to the co-production status which would be required to be fulfilled to produce a film under the terms of the film co-production treaty in force between that co-producer’s territory and either China or the Netherlands.

Artikel 8

8.1. Each of the Contracting Parties shall provide, in accordance with their respective legislation, temporary admission, free of import duties and taxes, of cinematographic equipment for the making of Co-production Films.

Artikel 9

9.1. Each of the Contracting Parties shall permit the personnel of the other country who conform with Article 1-1 (d) and (e) and citizens of the territory of any third party co-producer to enter and remain in China or the Netherlands as the case may be, for the purpose of making or exploiting a Co-production Film, subject to the requirement that they comply with the relevant laws in the respective territories relating to entry and stay including return.

Artikel 10

10.1. The production crews from both Contracting Parties shall respect the constitution, laws and regulations, ethnic cultures, religious beliefs and local customs and conventions of the country where location shooting takes place.

Artikel 11

11.1. The approval of a Co-production Film by the Competent Authorities shall not bind the relevant authorities in either Contracting Party to permit the public exhibition of the resulting film in their country.

Artikel 12

12.1. The majority co-producer enjoys first option to send a Co-production Film to film festivals. If both co-producers approve, either one may send a Co-production Film to international film festivals provided that the respective Competent Authorities have been informed of this intention 30 days before the event starts.

Artikel 13

13.1. The Competent Authorities encourage the film organizations and individuals of the two countries to exchange and cooperate with each other, including importation and exhibition of each other’s films, and location shooting and production in each other’s territory.

Artikel 14

14.1. The Annex to this Agreement forms an integral part of this Agreement, implementing this Agreement.

14.2. Subject to Article 3.1 and notwithstanding Article 15.2, any modifications to the Annex shall be jointly agreed by the Competent Authorities. No modification to the Annex shall conflict with the provisions of this Agreement.

14.3. Modifications to the Annex shall be confirmed by diplomatic notes and shall take effect on the date specified in such diplomatic note.

Artikel 15

15.1. The Competent Authorities of both Contracting Parties shall supervise and review the working of this Agreement, strive to resolve any difficulties in its implementation, and make any proposals considered necessary for any modification of this Agreement.

15.2. The Contracting Parties may amend this Agreement by mutual consent. Any such amendments shall enter into force in accordance with the terms specified in Article 16.1.

Artikel 16

16.1. This Agreement shall enter into force once the Contracting Parties have, through diplomatic channel, notified each other that their respective domestic requirements for entry into force have been completed. This Agreement shall enter into force on the thirtieth day after the receipt of the latter date of these two notifications.

16.2. Regarding the Kingdom of the Netherlands, this Agreement shall apply to the European part of the Netherlands only.

Artikel 17

17.1. The provisions of this Agreement are without prejudice to other international obligations of the Contracting Parties, including the obligations of the Government of the Kingdom of the Netherlands arising from the European Union Law.

Artikel 18

18.1. This Agreement shall remain in force for a period of four years.

18.2. Either Contracting Party may terminate this Agreement by giving six months’ written notice to the other Contracting Party.

18.3. If no written notice is given by either Contracting Party six months before the expiration date, this Agreement shall be automatically extended for a further period of four years, and shall thereafter be renewable for similar periods accordingly.

18.4. A film made in accordance with an approval by the Competent Authorities under this Agreement but completed after the termination of this Agreement shall be treated as a co-production film and its co-producers shall accordingly be entitled to all the benefits of this Agreement.