INSTITUTIONS / LEGISLATION Spain
Spain’s Council of Ministers approves improvements to the Film Law Royal Decree
- The amendments include measures intended to encourage the production of documentaries and animated films, as well as others to support budding directors and co-productions with Latin America
In December last year, at the behest of the head of the Spanish government’s Ministry of Culture and Sport, José Manuel Rodríguez Uribes, the Council of Ministers passed an amendment to Royal Decree 1084/2015, which is being used to develop the so-called Film Law. It includes new measures aimed at stimulating audiovisual activity as well as measures of a procedural nature, and improvements to the technical aspects.
In particular, the approved modifications relate to so-called “difficult” audiovisual works, with new criteria being set up to promote films made exclusively by women, the production of documentaries, animations and co-productions with Latin American countries. Furthermore, it bolsters support for short films, movies in Spain’s co-official languages other than Castilian Spanish, and works by budding creators. This Royal Decree has emerged as a response to the much-needed adaptations that have come to light during the implementation of the current regulations, bearing in mind the dynamic nature of the sector it is aimed at as well as the legislative modifications that have been made since it was passed.
The measures intended to stimulate film and audiovisual activity include new criteria for labelling certain audiovisual works as “difficult”, in accordance with applicable European regulations, and the amount of public support that these works can receive is being increased in line with article 36.1 of Law 27/2014, of 27 November, of the Corporate Income Tax, subsequently amended by Royal Decree-Law 17/2020, of 5 May.
As a result, the aforementioned support measures have been implemented as follows: for works made exclusively by female directors, up to 75% of the recognised cost; for works made by male or female directors with a disability rating equal to or higher than 33%, as acknowledged by the relevant authority, up to 80% of the cost; for documentaries, up to 75%; for animated films with a production budget lower than €2.5 million, up to 75% of the recognised cost; for short films, up to 85% of the cost; for audiovisual works shot entirely in one of the country’s co-official languages other than Castilian Spanish, which are screened in Spain in said language, up to 80%; for audiovisual works made as a co-production with Latin American countries, up to 60% of the recognised cost for the Spanish part; for works directed by a person who has not made more than two features to date and whose production budget is no more than €1.5 million, up to 80% of the cost; and for works of special cultural and artistic value that require exceptional funding support, in accordance with the criteria set out by Ministerial Order or in the corresponding calls for support applications, up to 75%.
Likewise, the procedure for approving international co-productions in general, and financial co-productions in particular, is being made more flexible, in line with standard practice in the international market. Specifically, the percentage of non-EU personnel or staff not belonging to the co-producing countries who are allowed onto the co-production is being increased, and the approval of financial co-productions is now permitted once the shoot has started. Before this amendment, any given co-production had to be approved before the start of the shoot.
All information from this Royal Decree – including the measures of a procedural nature and those intended to improve on the technical aspects – can be found via this link to the Spanish Official State Gazette website (in Spanish).
(Translated from Spanish)
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