Decision No 1041/2009/EC of the European Parliament and of the Council (repealed)Show full title

CHAPTER I GENERAL PROVISIONS

Article 1 Establishment and aims of the programme

1. This Decision establishes the programme MEDIA Mundus (the programme) for the funding of projects for international cooperation in the audiovisual sector for the period from 1 January 2011 to 31 December 2013.

2. The aims of the programme are to increase the competitiveness of the European audiovisual industry, to enable Europe to play its cultural and political role in the world more effectively and to increase consumer choice and cultural diversity. The programme will seek to improve access to third-country markets and to build trust and long-term working relationships.

Article 2 Scope of the programme

The programme is addressed to European and third-country professionals.

Article 3 Definitions

For the purposes of this Decision, the following definitions shall apply:

1.

‘European professional’ means a professional who:

(a)

is a national of:

(i)

an EU Member State; or

(ii)

an EFTA State which is a member of the EEA, in accordance with the provisions of Part VI of the EEA agreement; or

(iii)

a country referred to in Article 8, paragraphs 1 and 2, of Decision No 1718/2006/EC(1), and not already mentioned under point (ii), where the country:

• declares its willingness to be a member of the programme, and

• pays a contribution, calculated on the same basis as its contribution to the MEDIA 2007 programme;

or

(b)

is established as a legal person in one of the countries referred to in point (a)(i), or in a country fulfilling the requirements in points (a)(ii) or (iii), and is owned, whether directly or by majority participation, and continues to be owned by one or more of those countries or by one or more nationals from those countries until the end of the project;

2.

‘third-country professional’ means a professional that is not a European professional;

3.

‘third country’ means a country other than those referred to in point 1(a)(i), or those fulfilling the requirements set out in points 1(a)(ii) or (iii);

4.

‘audiovisual work’ means a set of moving images with or without sound. Examples of audiovisual works include feature films, documentaries and animation films;

5.

‘European works’ means audiovisual works originating in countries referred to in points 1(a)(i), (ii) or (iii).

Article 4 Conditions for participation in the programme

1. Projects shall be proposed and implemented jointly by European and third-country professionals in order to be eligible for funding under the programme.

2. Each project shall seek to promote international networking. To this end, each project shall have a minimum of three partners. However, projects with only two partners may be admitted where the necessary networking is guaranteed.

3. Each project shall be coordinated by a European professional and shall include at least one partner from a third country. The coordinator shall be responsible for the submission of the proposal, for the management of the project and for its financial administration and implementation.

CHAPTER II SPECIFIC OBJECTIVES OF THE PROGRAMME

Article 5 Specific objective 1: Information exchange, training and market intelligence

In the field of information exchange and training, the operational objective of the programme shall be to strengthen the skills of European and third-country professionals, notably by:

(a)

improving professionals’ understanding, in particular, of the operating conditions, legal frameworks (including in the area of intellectual property rights), financing systems and cooperation possibilities of their respective audiovisual markets;

(b)

securing and facilitating audiovisual cooperation between professionals by improving their level of knowledge of audiovisual markets;

(c)

facilitating networking and the emergence of long-term working relationships, in particular through scholarships; or

(d)

supporting initial and continuous professional training.

Article 6 Specific objective 2: Competitiveness and Distribution

Regarding the improvement of the competitiveness of the European audiovisual industry and the distribution of European works outside Europe and those of third countries within Europe, the operational objectives of the programme shall be to:

(a)

facilitate the search for third-country partners for European works. The programme shall support the organisation of co-production markets and partner search events (pitching), aiming at bringing together possible partners (e.g. script writers, directors, actors, producers and distributors);

(b)

encourage international sales and promotion of European works in third-country markets and of audiovisual works from third countries in Europe. The programme shall encourage the conclusion of agreements between groupings of right-holders/sales agents/distributors to ensure distribution (e.g. in cinemas, on TV, IPTV, Web TV and on VOD platforms) and promotion.

Article 7 Specific objective 3: Circulation

In order to improve the circulation and visibility of European works in third countries and those of third countries within Europe and to increase public demand for culturally diverse audiovisual content, particularly amongst young people, the operational objectives of the programme shall be to:

(a)

encourage cinema operators in European and third countries to reciprocally increase the programming and exhibition conditions (duration of, exposure and number of screenings) of exclusive first releases of audiovisual works. The programme shall support projects presented by cinema networks with screens in Europe and in third countries that programme a significant number of audiovisual works on the territory/territories of their partner(s);

(b)

increase the supply of audiovisual content and improve broadcasting and distribution conditions for audiovisual works from third countries on European distribution channels (e.g. TV, IPTV, Web TV, VOD platforms) and for European works through international distribution channels. The programme shall support partnerships between broadcasters (or VOD platforms) and rights-holders aiming at broadcasting a package of works or at distributing a catalogue of works on VOD platforms;

(c)

facilitate the organisation of events and film literacy initiatives, notably aimed at young audiences, intended to internationally promote the diversity of audiovisual works and increase public demand for culturally diverse audiovisual content.

CHAPTER III FINANCIAL PROVISIONS AND ARRANGEMENTS FOR THE IMPLEMENTATION OF THE PROGRAMME

Article 8 Financial provisions

1. The measures financed under this Decision shall be implemented in accordance with Regulation (EC, Euratom) No 1605/2002(2).

2. In accordance with Article 176(2) and (4) of Regulation (EC, Euratom) No 2342/2002(3), the Commission may decide, depending on the beneficiaries and the type of action, whether they may be exempted from verification of the professional competencies and qualifications required to successfully complete an action or work programme.

3. Depending on the type of action, financial aid may take the form of grants (reimbursable in respect of the programme’s contribution, excluding support for dubbing/subtitling) or scholarships. The Commission may also award prizes for the programme’s activities or projects. Depending on the nature of the activity, flat-rate financing or the use of scales of unit costs may be authorised in accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002.

4. Funding awarded under the programme may not exceed 50 % of the final costs of the project to be funded. However, in the cases expressly provided for in the annual work programme and in the call for proposals, funding may be as high as 80 %.

5. In accordance with Article 113(1) of Regulation (EC, Euratom) No 1605/2002, in conjunction with Article 172(1) of Regulation (EC, Euratom) No 2342/2002, the beneficiaries’ contribution may be provided either entirely or partly in kind if the value of the contribution can be established on the basis of costs actually borne and duly supported by accounting documents, or costs generally accepted in the market in question. Premises made available for training or promotional purposes may be included in such contributions.

6. In accordance with Article 112(1) of Regulation (EC, Euratom) No 1605/2002, the Commission may, where provided for in the annual work programme and in the call for proposals, decide that costs directly linked with implementing the project are eligible for funding, even if they were partially incurred by the beneficiary before the selection procedure.

Article 9 Implementation of the programme

1. The Commission is responsible for implementing the programme in accordance with the provisions laid down in the Annex. The Commission shall take steps to ensure that the actions supported under the specific objectives as set out in Articles 5 to 7 complement each other.

2. The following measures for the implementation of the programme shall be adopted in accordance with the management procedure referred to in Article 10(2):

(a) an annual plan of work, including priorities;

(b) an annual internal breakdown of the programme resources, including the breakdown between measures in the different fields;

(c) the general guidelines for implementing the programme;

(d) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;

(e) selection of proposals for the allocation of Community funds in excess of:

• (e) EUR 200 000 per beneficiary per year, in the case of specific objective 1,

• EUR 300 000 per beneficiary per year, in the case of specific objective 2,

• EUR 300 000 per beneficiary per year, in the case of specific objective 3.

3. The Commission shall adopt selection decisions other than those listed in paragraph 2(e). The Commission shall provide the European Parliament and the committee referred to in Article 10 with all relevant information including the selection decisions taken in accordance with this paragraph within two working days of the adoption of these decisions.

Article 10 Committee procedure

1. The Commission shall be assisted by the committee established under Article 11 of Decision No 1718/2006/EC, composed of representatives of the Member States and chaired by the representative of the Commission.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

Article 11 Contribution of the programme to other Community policies and principles

The programme shall help to strengthen the Community’s horizontal policies and principles by:

(a)

contributing to the debate on, and information about, the Union as an area of peace, prosperity and security;

(b)

promoting the fundamental principle of freedom of expression;

(c)

encouraging awareness of the importance of cultural diversity, common values, intercultural dialogue and multilingualism in the world;

(d)

enhancing the knowledge base of the European economy and contributing to strengthening the global competitiveness of the Union; and

(e)

helping to combat all forms of discrimination based on sex, race or ethnic origin, religion or beliefs, disabilities, age or sexual orientation.

Article 12 Consistency and complementarity

The Commission shall pay particular attention to consistency and complementarity between the programme and other relevant Community policies, instruments and actions, in particular coordination with, and implementation of, the MEDIA 2007 programme and external cooperation programmes in the audiovisual and cultural sectors with third countries.

Article 13 Monitoring and evaluation

1. The Commission shall monitor the projects regularly. The results of the monitoring process shall be taken into account in the implementation of the programme.

2. The Commission shall ensure that the programme is evaluated, externally and independently.

3. The Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

(a) a communication on the possible continuation of the programme, by 31 January 2012;

(b) an ex-post evaluation report by 31 December 2015.

Article 14 The financial envelope

1. The financial envelope for the implementation of the programme for the period set out in Article 1(1) is fixed at EUR 15 000 000.

2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

CHAPTER IV ENTRY INTO FORCE

Article 15 Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2011.

Done at Strasbourg, 21 October 2009.

For the European Parliament

The President

J. Buzek

For the Council

The President

C. Malmström