[ES] Modifications for the promotion of cinematographic activity and for the improvement of technical aspects

IRIS 2020-4:1/20

Enric Enrich

Enrich Advocats, Barcelona

The Institute of Cinematography and Audiovisual Arts (ICAA), which is attached to the Ministry of Culture and Sports, is in the process of modifying Royal Decree 1084/2015 of December 4, which developed Law 55/2007, of December 28, on the cinema.

The modifications fall into two categories: on the one hand, those that affect the promotion of cinematographic and audiovisual activity and, on the other, those of a procedural nature aimed at improving the technical aspects of the decree.

The former consist in making the approval regime for international co-productions more flexible, with the provision of a new definition of what should be understood as a "difficult work" for the purpose of calculating the maximum intensity of the aid that such works may receive.

In international co-productions, the participation of personnel from non-EU countries or countries not belonging to the co-producing countries will be facilitated, with special attention being given to animation works, and the approval of financial co-productions will be made more flexible, so that it can be requested once filming has started or finished, and not necessarily before. These measures, elaborated in view of international market practices, will allow Spain to co-produce projects with international potential and prestige on equal terms with other countries.

The maximum limit for works defined under the "difficult audiovisual work" categories included in the EU regulations will be increased. This aims at alleviating the difficulties projects directed exclusively by women encounter when trying to enter the market and consolidating their presence once they are in it; this also includes those audiovisual works with special cultural and artistic value that need exceptional public funding support. There is also greater support for projects directed by filmmakers with disabilities. Grant levels may vary between 70% and 80% of the recognised cost.

The modifications of a technical nature are related to the electronic process of contacting the administration, the sanctioning regime, the criteria for qualifying by age group and other modifications which translate into an increase in the legal security of citizens.


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.