Notification Detail

Act amending the Film Funding Act [Filmförderungsgesetz - FGG]

Notification Number: 2020/626/D (Germany )
Date received: 06/10/2020
End of Standstill: 07/01/2021

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Message 002

Communication from the Commission - TRIS/(2020) 03661
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2020/0626/D

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202003661.EN)

1. Structured Information Line
MSG 002 IND 2020 0626 D EN 06-10-2020 D NOTIF


2. Member State
D


3. Department Responsible
Bundesministerium für Wirtschaft und Energie, Referat E C 2, 11019 Berlin,
Tel.: 0049-30-2014-6392, E-Mail: infonorm@bmwi.bund.de


3. Originating Department
Die Beauftragte der Bundesregierung für Kultur und Medien, Referat K36, 10785 Berlin, Tel.: 0049-30-18-681-43141 Fax: 0049-30-18-681-543141
E-Mail: K36@bkm.bund.de


4. Notification Number
2020/0626/D - SERV30


5. Title
Act amending the Film Funding Act [Filmförderungsgesetz - FGG]


6. Products Concerned
Video-on-demand services


7. Notification Under Another Act
-


8. Main Content
The Film Funding Act (FFG) provides for the collection of a film levy from parties utilising feature films. Under the currently applicable FFG, the collection of the levy is limited until 31 December 2021, as the Act must be amended at regular intervals and adapted to changing market trends.
This draft Act amends a few provisions of the Film Funding Act and, in addition, extends the collection of the film levy for a further two years.
The levy obligation covers cinemas, producers of video recordings, providers of video-on-demand services, free-TV broadcasters, pay-TV broadcasters and marketers of pay-TV programmes. The revenue from the levy is used by the Federal Film Board [Filmförderungsanstalt - FFA] to support the production and sale of feature films both in the cinema and in the form of video recordings and via video-on-demand services. Moreover, part of the revenue is used to support cinemas.

The draft Act essentially provides for amendments which are legally binding and essential to funding policy. Specifically, these amendments expand the remit of the Federal Film Board to take into account fair working conditions, the interests of people with disabilities and the interests of diversity, the establishment of gender equality in the composition of the committees of the Federal Film Board, the increasing of the flexibility of holdback period provisions in cases of force majeure and of the requirements for funding in cases of force majeure, the obligation to take environmental concerns into account in film production, the adaptation of the levy position of pay-TV providers and of programme marketers against the background of changed market conditions as well as the achievement of greater flexibility in the use of the revenue from the Federal Film Board in cases of force majeure.


9. Brief Statement of Grounds
The purpose of the draft Act is to continue collecting the film levy and to adjust the Act appropriately to the current market trends. The collection of a film levy is necessary in order to safeguard financing for the production and market-driven screening of German and other European feature films and to maintain the performance of the German film industry. An extensive range of these feature films is in the interest of the groups liable to the levy (see also the explanatory statement for the draft Act). On the grounds of tax fairness, all groups of parties benefiting from the use of feature films should be liable for the levy.

The draft Act corresponds to Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1–24), which was most recently amended by Directive (EU) 2018/1808 in view of changing market realities (OJ L 303, 28.11.2018, p. 69–92). This applies in particular to the provision in § 153(2) of the FFG, which sets out the levy obligation for providers of German-language video-on-demand services with no registered or branch offices in Germany. The existing provision ensures that only providers who are sufficiently active on the market utilising feature films in Germany are liable to pay the film levy (see also the explanatory statement for the draft Act). The equal treatment of providers of German-language video-on-demand services with no registered or branch offices in Germany and of providers with registered or branch offices in Germany is ensured. The German-language range offered by providers with branch offices abroad contain German feature film productions to the same extent as the range offered by national providers. Thereby, they also benefit from German feature films to the same extent and consequently also are liable to pay the film levy.


10. Reference Documents - Basic Texts
Reference(s) to basic text(s): Act on measures designed to support the German film industry
(Film Funding Act – FFG)
The basic texts were forwarded with an earlier notification: 2016/0134/D


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
-


16. TBT and SPS aspects
TBT aspect

No - the draft has no significant impact on international trade.

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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