Act No. 139 / 2016 Coll.
Act amending Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Act on Audiovisual), and Act No. 231 / 2001 Coll., on the Operation of Broadcasting and Other Acts, as amended
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06.05.2016
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139
THE LAW
of 19 April 2016
amending Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Audiovisual Act), and Act No. 231 / 2001 Coll., on the Operation of Radio and Television Broadcasting and on the Amendment of Other Acts, as amended
Parliament has decided on this law of the Czech Republic:
Amendment to Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Audiovisual Act)
Act No. 496 / 2012 Coll., on Audiovisual Works and the Promotion of Cinematography and on the Amendment of Certain Acts (Audiovisual Act) is amended as follows:
1. in Paragraph 2 (1) (e) (1), "20" is replaced by "10."
2. Paragraph 5 (7) reads as follows:
"(7) The distributor shall be obliged to classify in accordance with Section 4 audiovisual setups or other forms of advertising relating to the distributed cinematographic part intended for cinematographic performances, provided that, in view of the suitability of the content for children and adolescents, they meet the conditions for classification in accordance with Section 4 (2) (c) or (d), and shall notify the organiser of such classification of the cinematographic performance. The distributor of a cinematographic work already classified in accordance with § 4 (2) (c) or (d) shall ensure that audiovisual setups or other forms of advertising related to such a cinematographic work include a classification designation for such a cinematographic work, if the cinematographic work is classified more strictly than the one which, according to the sentence, was first classified as an audiovisual seture'
3. Paragraph 6 (5) and (6) read:
"(5) The producer or co-producer referred to in paragraph 1 shall transmit to the National Film Archive copies of the Czech cinematographic work which are the subject of a contract concluded pursuant to paragraph 4 within 6 months of the conclusion of the contract; digital copies shall not be encrypted. Within the same period, the producer or co-producer shall also be obliged to forward to the National Film Archive the other items covered by the contract.
(6) The producer or co-producer referred to in paragraph 1 which is the beneficiary of the cinema aid referred to in Article 31 (1) (b) shall not be subject to the obligation referred to in paragraph 1. However, such a producer or co-producer shall, within 60 days of the date of publication of this work, offer to the National Film Archive in writing one undamaged copy of such work in the quality of the copy intended for cinematographic performances or, where appropriate, more such copies under the conditions laid down in paragraph 2, the promotional material for this piece and a copy of its literary script, in the form of a proposal to conclude a donation contract for the benefit of the Czech Republic. Paragraph 5 shall apply mutatis mutandis to the transfer of a case after acceptance of such a tender. ';
4. In Paragraph 6, the sentence "At the time the case is referred to in paragraph 5 or 6, this matter becomes the property of the Czech Republic with which the National Film Archive is responsible" is inserted at the beginning of paragraph 7.
5. In Article 7 (1), the word "Czech" shall be inserted after the word "Manufacturer."
6. In Article 8 (3), the words "to which the work is authorised to be made available to the public 'shall be deleted and the words" to civil associations 20)' shall be replaced by the words "Association20), constitution46) ';
footnotes 20 and 46 read:
"20) § 214 of Act No. 89 / 2012 Coll., Civil Code.
46) § 402 of the Civil Code. '.
7. In Paragraph 8 (6), the words "acts taken 'are replaced by the words" acts taken' and the words "nullities' are replaced by the words" nullities'.
8. In Article 9 (3), the third and fourth sentences are replaced by the following: "The Director of the Fund shall submit to the Minister for Culture (hereinafter referred to as" the Minister '), after consulting the Supervisory Committee (hereinafter referred to as "the Committee') and approval by the Council of the Fund (hereinafter referred to as" the Council '). The Council shall examine the draft Statute of the Fund or its amendments within the scope of its application pursuant to Article 13 (1).';
9. in Article 10 (1) (a), the words', the advertising fee 25) ', including footnote 25, are deleted;
10. in Paragraph 10 (1) (b), the word "audiovision" shall be replaced by "cinematography."
11. in Article 10 (1), the following point (h) is inserted after point (g):
"(h) carry out methodological, promotional and conceptual activities in the field of cinema and film industry;"
Point (h) shall be renumbered as point (i).
12. in Article 11 (1), the words "Supervisory Committee (hereinafter referred to as" Committee ")" shall be replaced by "Committee."
13. in Article 12 (3) (c):
"(c) issue decisions on film incentives and incentive projects;"
14. in Paragraph 13 (1) (c), the words "taking into account expert analysis" shall be replaced by the words "and the conditions under which aid is granted."
15. In Article 13, the following paragraph 4 is added:
"(4) Where a member of the Council is excluded from deciding on an aid application, it shall be excluded from deciding on all aid applications submitted for the same subsidy heading in the framework of a single call under Paragraph 33 (1). ';
16. in Paragraph 14 (2):
"(2) The members of the Council shall be elected and dismissed by the Chamber of Deputies on a proposal from the Minister from recognised personalities who have experience in the field of cinematography, designed by trade unions with only authors of audiovisual works or works of audiovisual use, associations, public utility companies, institutes and interest associations of legal entities active in the field of cinematography, with the exception of collective managers of copyright or copyright related rights, as well as the secondary and higher professional schools of film orientation and universities of film orientation (hereinafter referred to as" professional organisations'). Proposals shall be submitted to the Fund, which shall forward them to the Minister. ';
17. in Article 14 (8), the words "on the elements of the proposal for a candidate for a member of the Council and the procedure for its consideration, the choice of the President and Vice-President of the Council" shall be inserted after the words "Details."
18. in Article 15 (1) (a):
"(a) fully qualified,"
19. in Article 16 (1) (d):
"(d) on the date on which the decision of the Court of Justice has been restricted to a member of the Council,"
20.
Committee
(1) The Committee controls the operation and management of the Fund.
(2) In carrying out the checks referred to in paragraph 1, members of the Committee shall be entitled to consult all documents and records of the Fund held by the Fund.
(3) A member of the Committee shall be excluded from hearing and voting on a case and paragraph 2 shall not apply where he has a personal interest in the case or is likely to have a personal advantage, directly or through a close person, in connection with the present case or access to documents and records referred to in paragraph 2. "
footnote 30 is deleted.
21. Paragraph 18 (2) reads:
"(2) Two members of the Committee shall be appointed and removed by the Minister, two members of the Committee shall be appointed and removed by the Minister of Finance, and five members of the Committee shall be appointed and withdrawn on a proposal from the payer or the fee payer by the Minister; proposals shall be submitted to the Fund which shall forward them to the Minister. ';
22. in Paragraph 18 (3), the second sentence is deleted;
23. In Paragraph 18 (9), the words "on the terms of the nominee's proposal for a member of the Committee and the procedure for discussing it, on the election of the President and Vice-President of the Committee," shall be inserted after the words "Details."
24. in Article 19 (1) (a):
"(a) fully qualified,"
25. in Article 20 (1) (b), the word "Minister" shall be replaced by the words "who is entitled to appoint him."
26. in § 20 (1) (d):
"(d) on the date on which the decision of the Court of First Instance has been restricted to a member of the Committee,"
27. in Paragraph 20 (1) (g), the word "taxpayer" shall be replaced by the words "payer or payer of an audiovisual fee."
28. In Paragraph 20 (2) of the Introductory Part of the provision, the words "The Minister shall remove a member of the Committee from office," shall be replaced by the words "He who is entitled to appoint a member of the Committee shall withdraw him."
29. In Article 20, at the end of paragraph 2, the dot is replaced by a comma and the following point (f) is added:
"(f) this has been proposed and duly justified by the payer or taxpayer of the audiovisual charge on whose proposal a member of the Committee has been appointed."
30. In Article 21 (1), the words "for each organisation of content and economic 'shall be deleted and the sentence" Proposals shall be submitted to the Fund which shall transmit them to the Minister' shall be added at the end of the paragraph.
31. in Article 21 (2) (a):
"(a) is fully competent, '.
32. in Article 21 (2) (c), the words "and experienced" shall be deleted and at the end of the text in point (c) shall be added the words "has experience in the activities for which the aid is the subject of the subsidy heading referred to in Article 31 for which it is proposed, and";
33. in Article 21 (3), the words "a member of the Council, a member of the Committee," shall be inserted after the words "with a function."
34. in Paragraph 21 (4), the words "with a working ratio" shall be replaced by "with a basic employment relationship."
35. in Article 21 (5), the words "content and economic" shall be deleted;
36. In Paragraph 22 (1), the words "from which the Director of the Fund or the staff of the Fund, in the presence of at least two members of the Council, shall be selected by the lots by experts who shall produce expert analyses' and the last sentence shall be deleted.
37. in § 22 (2) (c):
"(c) the date on which the decision of the Court of First Instance has been restricted to a member of the Committee,"
38. In Paragraph 22 (3), the word "or 'shall be deleted at the end of point (d).
39. In Article 22, at the end of paragraph 3, the dot is replaced by "or 'and the following point (f) is added:
"(f) expert analyses by experts do not fulfil the purpose set out in Article 23 (1), according to the Council resolution."
40. In Paragraph 23 (2), the words "one content and one economic expert analysis' are replaced by the words" 2 expert analysis'.
41.Paragraph 23 (3) reads as follows:
"(3) Details of the details of the proposal of an expert candidate and the procedure for his submission, the selection of experts for the preparation of expert analyses, the requirements of expert analysis and the level of remuneration of the expert shall be laid down in the Statute of the Fund. ';
42. Paragraph 24, including footnote 47, reads as follows:
(1) The financial resources of the Fund are in particular:
(a) audiovisual charges;
(b) administrative charges under this law;
(c) income from the agreed shares of the Fund in profit from the supported projects;
(d) income from the management of the property of the Czech Republic with which the Fund is responsible;
(e) interest on Fund funds deposited in the Bank;
(f) income from the Czech Republic's equity participation in the business of the film industry with which the Fund is responsible;
(g) revenue from public collections organised for the benefit of the Fund and support for cinema;
(h) revenue from the use of cinematographic works when transferred to the Fund;
(i) revenue for the use of cinematographic works for which the Fund exercises the copyright of a manufacturer who has transferred to it under another legislation and for which the Fund is considered to be production17);
(j) income from securities acquired by the Fund from other persons;
(k) gifts, heritage and references to the Fund;
(l) contributions for breaches of budgetary discipline 32) including periodic penalty payments,
(m) State budget subsidies,
(n) subsidies from the state budget earmarked for film incentives;
(o) an annual grant from the State budget earmarked for the provision of cinema support, the amount and method of calculation of which is governed by Section 24a; and
(p) other resources provided for by other legislation33).
(2) The balance of the Fund's financial resources remains with the Fund at the end of the calendar year and is transferred to the following calendar year; the balance of resources of the Fund referred to in points (m) to (o) of paragraph 1 may be used in subsequent years only for the purpose for which the subsidy has been granted and in accordance with paragraph 3, subject to financial settlement for the year in which the use or the provision of funds for the relevant purpose ends.
(3) The financial resources of the Fund referred to in points (a) to (m) of paragraph 1, (o) and (p) of paragraph 1 shall cover the provision of cinema support under the headings referred to in Section 31 and other expenditure, including expenditure under Section 11 (4), unless they are covered by the subsidy under Section 11 (4). The financial resources of the Fund referred to in paragraph 1 (n) shall cover the provision of film incentives. The State budget subsidy referred to in point (o) of paragraph 1 shall be eligible up to the amount set out in Section 24a.
(4) The Fund establishes a fund of cultural and social needs, the creation and management of which shall be subject to the provisions of a special legislation equivalent to 47).
(5) The Fund may, after prior approval of the Ministry of Finance, set up an account with a bank or branch of a foreign bank in excess of the accounts with the Czech National Bank, or accounts where part of the financial resources referred to in paragraph 1 will be held, and from which expenditure related to the work through payment cards may be effected on business trips. Other expenses may be incurred by means of payment cards, the reimbursement of which cannot be otherwise made.
47) Decree No. 114 / 2002 Coll., on the Fund of Cultural and Social Needs, as amended. '
43. The following Section 24a is inserted after Section 24:
(1) The financial source of the Fund is an annual grant from the State Budget, which corresponds to the amount of revenue from the Audiovisual Fees Fund for the calendar year preceding the calendar year in which the Fund's budget is drawn up for the following calendar year.
(2) The annual accounts of the Fund shall be the basis for determining the amount of revenue referred to in paragraph 1. ';
44. In Paragraph 25, at the end of point (b), the word "a 'is replaced by a comma.
45. in Paragraph 25, at the end of point (c), the dot is replaced by "a" and the following point (d) is added:
"(d) advertising fee."
46. in Paragraph 26 (6):
"(6) The fee payer shall keep a register for the purposes of the fee containing all data relating to the fee obligation, in particular:
(a) the title of the audiovisual work and the date of organisation of the cinematographic performance;
(b) the number of spectators of the cinematographic performance and the amount of admission collected for the organisation of the cinematographic performance. "
47. The following Sections 28a to 28c are inserted after Section 28, including the headings:
Advertising fee
(1) An advertising fee shall be charged by an operator other than a local or regional television broadcaster, not protected by conditional access, which is operated by that broadcaster on the basis of a broadcasting licence distributed through transmitters and a programme to which cinematographic works are also included.
(2) The object of the advertising fee is the advertising revenue.
(3) The basis of the advertising fee is for the taxpayer who:
(a) is an entity, the proceeds of advertising;
(b) is not an entity, income from advertising.
(4) Where a taxpayer achieves revenue or income through indirect sales of transmission time by persons who are connected persons under a law governing the tax on income with a payer and who are not final users of the transmission time, the fee base instead of that income or income shall include the revenue or income which the taxpayer would have achieved by direct selling of that transmission time.
(5) The advertising fee is 2%.
(6) The fee period shall be a calendar year.
(7) The fee payer shall keep in the register for the purposes of the fee data relating to his fee obligation, namely:
(a) the date on which the advertising time was provided;
(b) the name of the person who provides the transmission time to the payer;
(c) the tax identification number of the person to whom the payer provides the transmission time;
(d) the total monetary value of the advertising time provided at the date referred to in (a) for the fee period;
(e) the amount of the calculated fee for the fee period.
Comparison of the advertising fee
(1) If the total revenue of the advertising fee is less than CZK 150 000 000, the fee will be increased by the comparison of the advertising fee, calculated as a product
(a) the difference between CZK 150 000 000 and the sum of the advertising fees of all taxpayers; and
(b) the coefficient.
(2) The coefficient shall be calculated as the proportion of the fee for the transmission of advertising to the taxpayer and the sum of the advertising charges for all taxpayers.
(3) The comparison of the advertising charge is an accessory to the charge.
Determination and payment of the comparison of the advertising fee
(1) The administrator of the fee shall determine the finalisation of the advertising fee on the fee scale.
(2) The comparison of the advertising charge is due within 30 days of the date of receipt of the payment notice.
(3) If the fee is measured by the administrator, the fee shall be measured ex officio by the administrator to all the fees. If the measured balance of the advertising charge is higher than the last set balance, the difference shall be due within 30 days of the date of receipt of the additional payment notice. ';
48. In Article 29 (4), the words "or the taxpayer" shall be inserted after the word "payer."
49. In Article 29 (5), the words "or the taxpayer" shall be inserted after the word "payer."
50. In Article 29 (6), the words "Form and structure 'are replaced by the words" Structure' and at the end of the paragraph, the sentence "Fees and fees payable are required to be filed electronically by means of an electronic application accessible in a way that allows remote access. ';
51. In Title Four of Part 4, the heading reads: "Evidence in the field of cinema promotion '.
52. The heading of § 30 reads: "Evidence in the field of cinema promotion."
53.In Paragraph 31 (2), point (a) is deleted.
Points (b) and (c) shall become points (a) and (b).
54. In Article 31, the following paragraph 3 is added:
"(3) The Fund shall publish, on 31 January of each calendar year, in a way that allows remote access, the amount of funds it plans to provide in that year, in particular an estimate of:
(a) the total expenditure of the Fund for all the subsidy lines referred to in paragraph 1 per calendar year;
(b) expenditure on each heading per calendar year; and
(c) expenditure on individual headings following the various calls referred to in Article 33 (1). "
55. in Paragraph 32 (2), the words "the contract has specific provisions on the share" shall be replaced by "the operative part of the decision granting the aid."
56. Paragraph 33 (1) reads:
"(1) The Fund shall, based on the Council's concept, call for applications for cinema promotion."
57. footnote 36 is deleted, including the footnote reference.
58. In Article 34 (4), the words "(b) to (g) 'are replaced by the words" (b) to (f) and, in the cases referred to in Article 39 (3), also the assumptions referred to in Article 39 (1) (a)' and, at the end of the paragraph, the sentence "Compliance with the assumptions referred to in Article 39 (1) (b) to (f) shall be certified by a declaration of honour '.
59. In Article 35, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The procedure for adopting Council decisions on cinema aid applications is laid down in the Statute of the Fund. The Council shall also deal with expert analyses in the reasons for the decision.
(5) The Council may, in exceptional cases, decide without expert analyses, in particular if the Fund does not have sufficient experts appointed for the relevant heading in accordance with Article 31 who are not excluded for bias, or if the expert responsible for carrying out the expert analysis does not provide the expert analysis in time. "
Paragraphs 4 and 5 shall become paragraphs 6 and 7.
60. In Article 35, the following paragraph 8 is added:
"(8) Paragraph 146 of the Administrative Regulation shall not apply to proceedings in which cinema promotion is decided under this Act. '
61. in Article 36 (1), (3) and (4), the words "the conditions laid down in the said provisions" shall be deleted;
62. In Article 36, the following paragraph 5 is added:
"(5) An application for amendment of a decision on cinema promotion shall be made in electronic form by means of an electronic application accessible in a way that allows remote access. The application for amendment of the decision to support cinematography shall be inserted by the applicant in electronic form into the FUND system in a way that allows remote access. ';
63. In Paragraph 37 (1), the second sentence is replaced by the sentence "The Office of the Fund shall forward to the Council a request for the promotion of cinematography according to the sentence of previous and expert analysis."
64. In Paragraph 37, the sentence "The Director of the Fund shall decide on the termination of the application for cinema aid which does not meet the formalities laid down in paragraph 34."
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Regulation Information
| Citation | Act No. 139 / 2016 Coll., amending Act No. 496 / 2012 Coll., on Audiovisual Works and Promotion of Cinematography and on the Amendment of Certain Acts (Audiovisual Act), and Act No. 231 / 2001 Coll., on the Operation of Broadcasting and Television and on the Amendment of Other Acts, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.05.2016 |
|---|---|
| Effective from | 06.05.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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