Valid from 1 January 2024
Established at a Board meeting on 26 October 2023

Regulations for Co-production

Regulations for Co-production

Film i Väst is a wholly owned company within Region Västra Götaland. Film i Väst is regarded as a leading public player in the European film world, and one of the most successful regional film organizations on the strength of both its artistic and its audience successes. Film i Väst invests in film and drama series of the highest artistic quality and/or with the potential to attract a large audience. Film i Väst’s co-productions should bring national and international luminance to the region, and reach and be relevant to inhabitants of Västra Götaland.

1.    Aims

1.1       To work for high artistic quality in the production of film, drama series and other formats (hereafter referred to as ‘Film’) in Västra Götaland.

1.2      To work for high audience impact in the co-produced Films.

1.3      To proactively work for distribution, dissemination and circulation of the co-produced Films, on all current and future platforms, and through all forms of distribution.

1.4      To work from a regional perspective, on broadening and renewal with regard to form, content and funding of Swedish Film.

1.5      To put Västra Götaland on the map by helping to promote international co-production and international exchange in the field of Film, with Europe being the priority.

1.6      To reach and be relevant to citizens of Västra Götaland through Film i Väst’s (FiV’s) Films.

1.7       To maintain and develop the region’s infrastructure.

2.  Regulations for Co-production

2.1      FiV is a co-producer, and alongside the other co-producing parties FiV shall produce, fund, own and administer the Film.

2.2      A co-production investment from FiV presupposes that part of the production for the Film will take place in Västra Götaland. The producer shall guarantee that at least 100% of the investment will be spent in Västra Götaland. If the agreed spend [1] is not achieved the producer shall be liable to pay a refund according to the terms of the co-production agreement.

2.3      The producer shall have full responsibility for the production’s financial and content-related management, and shall guarantee the execution and distribution of the production. FiV may demand that the production’s completion be guaranteed by insisting that a Completion Bond be signed.

2.4      Production of the Film shall be carried out in accordance with the description that forms the basis of FiV’s standpoint. Changes must be approved by FiV.

2.5      Swedish labour legislation, work environment legislation and collective bargaining agreements shall be followed. Exceptions may occur in international co-productions where the lead producer’s company is not registered in Sweden. In such cases, the relevant legislation in the lead producer’s home nation shall be followed.

2.6      FiV cannot enter into co-production with or pay any co-production investment to production companies that owe money to the Swedish Tax Agency or the Swedish Enforcement Authority, or with companies that are under liquidation, reconstruction or have been declared bankrupt. The same applies to production companies that have unsettled debts with or refund demands from FiV. Moreover, FiV may not pay any co-production investment to a company that is the subject of a payment demand due to a European Commission decision that declares an aid grant unlawful or incompatible with the internal market.

3. Decision-making and Assessment Criteria

3.1      Applications to FiV shall be submitted digitally via the FiV application portal before work on the Film begins. The application must contain details about the applying production company, a script, a project description, a time plan, a budget, and a finance plan which includes the co-production investment being applied for.

3.2      Prior to a decision and continued discussion regarding co-production, FiV shall receive a budget proposal from the producer, broken down into information about spend elements in Västra Götaland and any other territories involved. FiV shall also be provided with the directors vision, time plan and distribution plan, along with all other relevant documentation.

3.3      FiV’s Production Group processes applications. Decisions on which films are to be co-produced are made in accordance with the delegation of authority policy adopted by FiV’s board of directors. The decisions are reported to FiV’s board of directors.

3.4      Co-production investments are made in Films which are deemed to have an artistic and/or an audience potential. The size of the investment is contingent upon the amount of production that takes place in Västra Götaland.

3.5      Films intended for children and young people shall be prioritized. For an international children and young people’s Film to be considered, it must have secured distribution in Sweden.

3.6      Gender equality and diversity shall be considered. FiV’s co-productions shall be broad and representative in their narrator perspectives. In the selection of co-productions, FiV shall strive to consider the repertoire as a whole.

3.7      There will be a careful assessment of the producer’s conditions for carrying out the production. The producer must be well established and have documented experience of feature film or drama series production. Exceptions may be made for short film and in talent initiatives and low-budget projects.

3.8      FiV accepts applications from all professional international producers with an established production company in the EU. FiV may however insist that the production engage a co-producer in Sweden responsible for carrying out the production in Sweden.

4. Requirements and Regulations for Co-production

4.1             Co-production agreement

4.1.1    The co-producers shall enter into a co-production agreement of which FiV is a signing party. It is the responsibility of the producer to draw up a proposed co-production agreement, including any necessary appendices. This is to be jointly negotiated by the co-producing parties.

4.1.2   For a co-production agreement to be signed, the producer shall be required to prove that the Film is fully funded and that distribution is guaranteed. All appendices to the co-production agreement must have been reviewed by FiV before the co-production agreement can be signed. FiV’s ‘Regulations for Co-production’ must have been approved by the producer.

4.1.3   The co-production investment is normally paid on four occasions as follows: on start of filming, on completion of filming, on delivery of the Film and on final financial reporting. A different payment plan may be available should the production’s cost structure warrant it. The co-production agreement must be signed by all co-producing parties before FiV can make the first payment.

4.1.4   The producer shall keep separate records for costs accrued in Västra Götaland. The accounts shall be audited by an Authorized Public Accountant, who must certify that the reported costs constitute valid spend in Västra Götaland (does not apply to co-production investments of less than SEK 500,000).

4.2    Share of ownership and earnings

4.2.1   FiV’s investment constitutes equity, not f, which means that FiV shall share in the earnings from the first unit of income. The fundamental rule is that FiV shall share in the Film’s earnings – from all territories and all media – to the degree of its pro rata share of invested co-production capital, and also a position in parallel with the other co-producers (pari passu). Funding, soft money loans, presales, minimum guarantees, grants and the like are not regarded as co-production capital. FiV does not approve negative discrimination. If this occurs, FiV shall have the right to pull out of the Film.

4.2.2   The producer shall report the Film’s earnings regularly in the first year after the Film’s premiere, and thereafter at intervals according to the co-production agreement. FiV shall be entitled to demand that a Collection Agency manage and distribute the Film’s earnings and that a Collection Account Management Agreement (CAMA) be drawn up, in which FiV is a signing party.

4.3   Right to monitor the production

4.3.1   The producer shall keep FiV continuously informed of the production’s progress, particularly should there be any deviations from the established budget and time plan.

4.3.2   FiV shall be able to monitor the production on set, view dailies, and visit premises for editing and other post-production premises. The time for these visits shall be agreed upon between FiV and the producer.

4.3.3   During post-production, FiV shall be provided with the opportunity to view the work-in-progress versions of the Film upon request. The producer shall provide FiV with an opportunity to view the proposed final version and make any comments, in plenty of time before the Film is locked. The producer shall take into account any opinions given by FiV.

4.3.4   FiV shall be given a team list showing titles and email addresses of all employees, as well as freelancers and service providers. This shall be submitted at the start of filming and updated at the end of the production.

4.4   Announcement of decisions

4.4.1   FiV’s decisions to invest in productions are announced annually on the FiV website, with details such as the productions’ titles, production companies, and the size of FiV’s investment.

4.5   Marketing of the Film

4.5.1   In consultation with the producer, FiV shall decide on a plan for release and marketing of the Film, which includes a press visit during shooting. FiV shall be mentioned in all information relating to the Film, and must be consulted before the official launch in the media.

4.5.2   In connection with launching the production, the producer shall provide FiV, free of charge, with marketing material and foundation material for press material, posters and stills, and shall upload the finished Film into the application portal, along with moving material from the Film, such as a trailer or teaser, for publication on FiV’s website.

4.6   Crediting

4.6.1   FiV shall be credited as a co-producer in the Film’s opening titles and closing credits, on the Film’s poster and in other paid advertising, and in all printed matter which presents and promotes the Film. FiV shall approve the overall structure of the Film’s opening and closing credits in their entirety.

4.6.2   The FiV logo shall be included in the Film’s credits and on all material which presents and promotes the Film.

4.6.3   Where decision-makers representing other co-producers receive a personal credit, FiV’s Head of Production shall receive a corresponding name credit.

4.7   Regional premiere

4.7.1   A regional premiere shall be organized in Västra Götaland. FiV shall decide where the premiere will be held. The producer and distributor shall be consulted regarding a suitable date. The Film’s producer and director shall take part. It is the producer’s responsibility to pay for the producer, director and any further key persons in the Film, such as the Film’s cast, to take part in the premiere.

4.8  Statistics

4.8.1   Following the Film’s Swedish premiere, the producer agrees to provide information to FiV on a weekly basis about the number of cinema attendances during the period that the Film is screening at Swedish cinemas. The producer shall also, to a reasonable extent, provide viewing figures from TV screenings, as well as statistics linked to screening on other platforms.

Film i Väst’s investment according to these regulations is made in accordance with Chapter I and Article 54 of Commission Regulation (EU) No 651/2014 of 17 June 2014[2] declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union.

Expressions used in these regulations have the same meaning as in Commission Regulation (EU) No 651/2014.

FiV agrees to perform the tasks relating to publication, reporting and registration as stipulated in §12a of the Act on the application of the European Union’s State aid rules (2013:388) and the Ordinance on applying the European Union’s State aid rules (2016:605).

[1] Spend refers to production-related costs in Västra Götaland which relate to pay for persons registered in Västra Götaland or the purchase of products and services from companies with permanent establishment in Västra Götaland and with personnel employed in Västra Götaland. The purchase of consumables linked to the Production counts as spend, provided that the purchasing address is in Västra Götaland. ‘Hands-on’ effort does not count as spend.

[2] (GBER): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0651