Spain 4. The other side of the coin
by Carlo D'Ursi
Co-producing in Spain can become an obstacle course. In fact, even in a European co-production, we can find particular situations caused by the incompatibility between European and national laws. In these cases, not even the great contribution of ministry workers can solve the problem. Here are some examples and questions for Spain’s legislators and burocrats.
A: I am a European producer and I want to co-produce with Spain.
Bilateral conventions with EU countries, or those lacking in terms of the European Convention, establish that bilateral co-productions can only be creative and must comply with the 80%-20% participation scheme. Anyhow, according to the current European legislation, EU citizens benefit from a positive discrimination principle.
Question:
What’s the purpose of filling in infinite forms, going into legal costs in order to give nationalities for two countries, when on their own these productions would qualify for dual nationality because they are produced and made by a team which is 100% European?
These productions would have to be a partnership between companies in the EU. Nevertheless, the recognition process for achieving Spanish nationality is lengthy and must go through a committee that authorizes co-productions and imposes the conditions. This is the great dilemma of the EU, where all citizens are equal, in theory, but not in practice in front of the institutions.
B. I am an American producer and I want to co-produce with Spain, even though it is really a “service”.
In this case, the Spanish legislation is more flexible than the European legislation. In fact, if the film was shot in Spain with Spanish technicians and the non EU investment is under 30%, the film is automatically considered Spanish, no questions asked.
Question:
As a Spanish producer, why can’t I co-produce with a European country which provides 30% of the finances, while I can do so with a non EU country and that’s outside of the European Convention?
The Insider
We find ourselves in a legal gap, caused by several factors:
- The eligibility for Spanish nationality in a European co-production depends in the acceptance by the minor co-producing country.
- The eligibility for US nationality is in no way connected with the Spanish requirements.
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