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Greek Law on Reinforcement and Development of Film and other Provisions
 
 
   
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LAW: 3905/2010
OFFICIAL GAZETTE: A 219/23.12.2010
TITLE:  REINFORCEMENT AND DEVELOPMENT OF FILM AND OTHER PROVISIONS

We issue the following law passed by Parliament:

CHAPTER ONE
GENERAL PRINCIPLES AND DEFINITIONS

Article 1: General principles

1. The protection and development of the film art is an obligation of the State. The State must take the necessary measures for the ethical and material support of the production and promotion of cinematographic works and the improvement of the cinema culture of the people.
2. The cinematographic art is free, according to the definitions of the Constitution. Censorship and any other preventive measures are prohibited.
3. The seizure of films after projection is only permitted in cases and under the conditions laid down in the Constitution for the seizure of newspapers and other forms of literary works.
4. The Minister of Culture and Tourism has the general responsibility and oversight for all matters concerning the art of cinema regulated by this law.
5. Presidential decrees issued by proposal of the Minister of Culture and Tourism and the relevant Ministers, forward to the Ministry of Culture and Tourism any responsibilities of other Ministries on matters concerning cinema.

Article 2: Definitions

1. For the purposes of this Act apply the following definitions:
(A) "Cinematographic work" is what is captured on a tangible image or video and audio medium, of any length and is intended for viewing in theaters, whichever is the content and whatever the methods, means and materials used for the production, reproduction or showing, either already known or invented in the future.
(B) "Feature film" is the cinematographic work -fictional, documentary or animated- that lasts at least sixty minutes.
(C) "Short film" is the cinematographic work -fictional, documentary or animated- that lasts less than sixty minutes. 
(D) "Special tax" is the tax under Article 60 of Law 1731/1987 (Government Gazette 161 A) imposed on the price of film tickets and is available for the development of film art and industry.
(E) "Cinema hall" is any business, owned by a natural person or legal entity, subject to the exploitation of cinema halls, in covered areas (winter cinema) or open spaces (open air cinema), with one or two screens, operating under the same name and/or trademark of the same company.
(F) "Film producer" is the upon the subparagraph b of Paragraph 3 of Article 47 of Law 2121/1993 (Government Gazette 25A) producer of works of image or sound and image.
(G) "Coefficient of a film work” is the natural or legal person who offers creative, artistic or technical services and/or equipment to the film producer for the production of a cinema work.
2. The provisions of this law exclude cinematographic works of pornographic content, projects that highlight violence and those that offend human dignity. Also exclude audiovisual works of advertising scope.


CHAPTER TWO
 
GREEK FILM WORK

Article 3

1.  "Greek Film Work" is a cinematographic work that meets the requirements of Article 4 and two of the three following criteria:
(A) the original version is in proportion at least 51% in Greek language,
(B) at least 51% of the shooting to having been carried out on Greek territory
(C) at least 51% of the budget to having been spent on the Greek territory.
2. The Greek Citizenship Certificate of Cinematographic Works is issued by the Greek Film Center.
3. In exceptional cases may be considered as Greek, after special decision of the Greek Film Center, a film work which does not meet the criteria a, b and c of Article 3 but is related to Greece because of copyright and its content, or special production conditions.
4. The Minister of Culture and Tourism adjusts the calculation of the contribution of the criteria of Paragraph 1 of Article 4 and specifies the process and the prerequisites for the issuance of the Certificate of Citizenship, the conditions under which may issue certificates of Greek Citizenship also for film works which does not meet the criteria of Paragraph 1, and any other matter relating to the application of this Article.

Article 4

1. To qualify for a Greek Film Work the film should, in addition to the requirements of Article 3, meet the minimum required points indicated in Paragraphs 2 to 6 of this Article:

(A) For fiction is required at least 14 points in total 18:

Creative Group Evaluation Unit
Director : 3
Scriptwriter: 2
Composer : 1
(Original music written specifically to be used in the film)
TOTAL : 6

Interpretive Group
First role : 3
Second role : 2
(The first and the second roles as designated by the director)
Third role : 1
TOTAL : 6

Technical Group
Picture 
(Director of photography, cameraman, 1st assistant) : 1
Audio 
(Sound engineer, 1st assistant) : 1
Editing 
(Editor, 1st assistant) : 1
Sets - Costumes   
(Stage & Costume) : 1
TOTAL : 4

Location of Filming/Completion 
Place of post-production Services
(Post-production) : 1
Studio/Physical Locations : 1
TOTAL :2

(B) For documentary film work is required at least 9 out of 14 points:

Creative Group 
Director : 2
Writer : 1
TOTAL : 3

Technical Group
Picture
(Director of photography, cameraman, 1st assistant) : 1
Audio 
(Sound engineer, 1st assistant) : 1
Editing 
(Editor, 1st assistant) : 1
Other specialties : 4
TOTAL : 7

Technical Services 
Completion
At least 51% of cost for technical services 
during filming and processing technique : 4
TOTAL : 4

(C) For Animated Film is required a minimum of 14 points of the 21:

Creative Group 
Author of original story : 1
Director : 2
Screenwriter : 2
Composer : 1
(Original music written especially for the film)
TOTAL : 6

Creation and Design of characters : 2
Graphic design : 2
Scene design (storyboard) : 3
TOTAL : 7

Digital Mapping : 1
Stage Construction : 1
Cartoons : 2
Coloring - Digital Editing : 2
TOTAL : 6

Audio Recording, mixing and design : 1
Post-production : 1
TOTAL : 2

2. Points awarded for the film coefficients in accordance with Paragraph 1, they are required to be Greek citizens or citizens of another member state of the European Union and/or a state included in the European Convention of the Council of Europe on Trans frontier Broadcasting  and/or nations included in the European Convention of the Council of Europe for the Film Co-production ratified by Law 3004/2002 (Official Gazette 76 A) and/or states outside Europe with which Greece has signed bilateral agreement related to film co-production, or if it comes from a country outside European Union must be a permanent resident of Greece.
3. In accordance with the points awarded by Paragraph 1 a coefficient which is a legal person, is required to have its head office or branch in Greece or in one of the Member States of the European Union.
4. In accordance with the points awarded by Paragraph 1 of the location of shooting, it shall lie within the Greek territory.
5. If there are more coefficients for the same position, the units corresponding to that position are divided by the number of the coefficients.
6. European film works in which a Greek producer participates and are governed by the provisions of Law 3004/2002 are ex officio integrated in the reinforcement measures of Articles 5 and 8.
7. The details of Paragraph 1 of this Article may be adjusted by the Minister of Culture and Tourism.

CHAPTER THREE
REINFORCEMENT OF CINEMA
PART ONE
SPECIAL TAX

Article 5

Shaping up the procedures regarding the “special tax”
1. The amount of duty enters each time under a special code number of budget revenue of the Greek State. Equal credit enters a specific code number of budget expenses of the Ministry of Culture and Tourism. This amount is attributed to the Ministry of Culture and Tourism to exercise the cinematic policy.
2. From the above appropriation are reinforced only producers of Greek feature films in accordance with the provisions of Articles 6 and 7 and cinema halls which project Greek feature films.
3. From the same credit the remaining amount of the special tax is distributed as following:
 80% is attributed to the Greek Film Center to achieve its purposes and the remaining 20% is available to the Ministry of Culture and Tourism to exercise its cultural policy in the field of cinema.
4. The amount of reinforcement of cinema producers of Paragraph 2 shall be determined by: 
(a) the amplification factor of the Greek feature film, in accordance with Article 6 
(b) the number of tickets held by the Greek feature film within twelve months from the beginning of the first cinematographic projection and, 
(c) the percentage of points laid down in Article 7.
5. The producer of a Greek feature film should meet cumulatively the following conditions:
(A) be subjected to tax liability in Greece
(B) his “principal activity” to be the production of film and/or audiovisual works and the turnover held during the last three years of this activity not to be coming from the same television station or same company providing subscription services to television productions or the same provider of telecommunications services and new technologies or the same public body by more than 75%. The “principal activity” is determined by the tax law and the national classification of economic activities according to 1100330/1954/DM/6.10.2008 Decision Ministry of Economy and Finance (Official Gazette 2149 B).
(C) if a legal person, more than 25% of the shareholding in the company/share capital not to belong to one or more companies of television broadcasting and/or providers of cable services and/or telecommunications services and new technologies.
(D) if a natural person or legal representative of a legal person, has to be a Greek citizen or citizen of another Member State of the European Union and/or nations included in the European Convention of the Council of Europe on the Transfrontier Broadcasting and/or nations included the European Convention of the Council of Europe for the Film co-productions ratified  by Law 3004/2002 and/or a state outside Europe with which Greece has concluded bilateral agreement on film co-productions, or if coming outside European Union to be resident of Greece.
6. A producer is not entitled to this reinforcement if falling within the public or the broader public sector, according Paragraph 3 of Article 2 of Law 3310/2005 (Official Gazette 30 A).
7. Winter cinema halls reinforcement equals the amount of the special tax collected by all tickets per screen and up to twenty thousand (20,000) tickets per screen if the cumulative conditions of paragraphs 8 and 9 are met.
8. To enhance the revenue of the special tax the winter cinema hall must meet cumulatively the following conditions:
(A) have projected at least four weeks per screen and at least three Greek feature films of first projection three times per day, and
(B) the three Greek feature films shall be rented by two or more distribution companies. Week of projection means seven successive days during the months of September, October, November, December, January, February, March, April and May.
9. A cinema hall is not entitled to the aid if it does not have at least one screening room and sanitary services for people with disabilities. This condition excludes cinema halls housed in buildings existing before the entry into force of Law 2831/2000 (Official Gazette 140 A), for  which are technically not able to make the necessary changes. For purpose of applying this Article, jurisdiction for the issuance of the relevant certificate of accessibility and to establish an exemption from the above prerequisite is the Office for Persons with Disabilities Directorate of Museums and Cultural Studies of the Ministry of Culture and Tourism. The validity of this provision begins on 1.1.2013.
10. The amount of paragraph 7 shall be increased by 10% for each additional week of screening to maximum of six additional weeks for each screening.
11. The reinforcement for open air cinema halls is 50% of the amount of the special tax collected by all tickets of the open air cinema, which is raised for at least two weeks of screening of at least two Greek feature films. Week of projection means seven consecutive days during the months of June, July, August and September.
12. The terms, the process required and other financial assets, the deadline for submission and any other matters relating to the implementation of this article shall be regulated by the Minister of Culture and Tourism. Whoever makes false statements or documentation required for the application of this Article shall be punished with imprisonment of three months to three years and a fine up to fifty thousand Euros (€ 50,000). In case of submission of false statements or documents, regardless of any other sanctions, the beneficiary loses the right to receive the amounts provided in this article, for the year of applying these documents, and for the next three years.
13. This Article comes into force on 1.10.2011.

Article 6

Determining the amplification coefficient of a cinematographic work
1. The amplification factor of a Greek cinematographic feature film for the implementation of the provisions of Article 7 follows from the sum of the points shown on the scales below, divided by the number 100. A Greek feature film that gathers at least 80 points acquires the highest amplification coefficient,

(A) For fiction films:

Language Evaluation 
At least 51% of the dialogues of the cinematographic work
in the original version to be in Greek language                                                                   
(For the calculation of the one shall dialogues take
into account the number of words).

Creative Group Evaluation
Producer (natural or legal person) : 10
Director : 10
Scriptwriter – Dialogues : 4
Composer : 1
(Original music written specifically for the film)
TOTAL : 25

Interpretive Group Evaluation 
First role : 6 
Second role : 4
Two complementary roles : 2
TOTAL : 12

Technical Group Evaluation
Director of Photography : 4
Set Designer : 2
Costumes : 2
Sound Engineer : 2
Editor : 2
Makeup : 1
Directing Group (excluding the Director) : 2
Production Team (Production Manager) : 2
TOTAL : 17

Rest of Evaluation 
Rest of the filming Crew : 4
Crew for the Construction of the Set : 2
TOTAL : 6

Filming/Completion Evaluation 
Studio/Physical Locations : 3
Laboratories for Negative Development : 2
Camera and equipment : 2
Lights : 2
Traveling/Dollies : 1
Laboratory for Audio Processing and Editing : 5
Post-production Laboratory : 5
TOTAL : 20

(B) For documentaries

Language Evaluation 
At least 51% of the narrative in the original version 
shall be in Greek language : 20
(For the calculation of the dialogues one shall 
take into account the number of words)
TOTAL : 20

Creative Group Evaluation
Producer : 10
Director : 15
Screenwriter : 5
Composer : 5
(Original music written specifically for the film)
TOTAL : 35

Narrator : 5
TOTAL : 5

Technical Group Evaluation
Director of Photography : 6
Sound Engineer : 5
Editor : 6
Assistant Director : 1
Production Manager : 2
TOTAL : 20

Filming/Completion Evaluation 
Camera and equipment : 2
Sound Equipment : 2
Laboratory for Audio Processing and Editing : 8
Post-production Laboratory : 8
TOTAL : 20

(C) For animation

Creative Group Evaluation
Producer : 10
Director : 8
Screenwriter : 8
Graphic Design :6
Composer : 4
(Original music written specifically for the film)
TOTAL : 36

Technical Group Evaluation
1st Assistant Director : 2
Production Manager : 2
TOTAL : 4

Storyboard : 6
Character Development : 6
Environment Development : 6
Exposure sheets : 2
TOTAL : 20

Creative Team Evaluation 
Set Construction : 5
Animation layouts : 5
Animation keys : 5
Clean and intermediate animation sketches : 5
Animation Coloring : 5
Special Effects : 5
TOTAL : 30

Completion Evaluation
Editing (image and sound) : 2
Laboratories : 3
Dialogue Recording : 2
Follies/Sound Recording : 1
Final audio mixing : 2
TOTAL : 10

2. The points awarded are estimated by the factors of the scale by category of cinematographic work of Paragraphs 2, 3, 4, 5 and 6 Article 4.
3. The points awarded, and the calculation of the above amplification coefficient for cinematographic works is conducted by the Greek Film Center, which grants the producer the relative certificate.
4. The details of the scales of Paragraph 1 of this Article may be adjusted by the Minister of Culture and Tourism.

Article 7: Calculation of Reinforcement for Film Producers

1. The amount of reinforcement that a producer of a Greek feature film is entitled to meets the requirements of Article 5 and is equal to the amount obtained by multiplying the total amount of the special tax collected from the tickets of screening of the film work with the amplification coefficient of the cinematographic work as calculated in accordance with Article 6 and the percentage of the following scale:

To 50.000 tickets rate: 200%
From 50.001 to 60.000 tickets -  percentage: 195%
From 60.001 to 70.000 tickets - percentage: 190%
From 70.001 to 80.000 tickets - percentage: 185%
From 80.001 to 90.000 tickets - percentage: 180%                
From 90.001 to 100.000 tickets - percentage: 175%
From 100.001 to 110.000 tickets - percentage: 170%
From 110.001 to 120.000 tickets - percentage: 165%
From 120.001 to 130.000 tickets - percentage: 160%
From 130.001 to 140.000 tickets - percentage: 155%
From 140.001 to 150.000 tickets - percentage: 150%
From 150.001 to 160.000 tickets - percentage: 145%
From 160.001 to 170.000 tickets - percentage: 140%
From 170.001 to 180.000 tickets - percentage: 135%
From 180.001 to 190.000 tickets - percentage: 130%
From 190.001 to 200.000 tickets - percentage: 125%
From 200.001 to 210.000 tickets - percentage: 120%                  
From 210.001 to 220.000 tickets - percentage: 115%
From 220.001 to 230.000 tickets - percentage: 110%
From 230.001 to 240.000 tickets - percentage: 105%
From 240.001 to 250.000 tickets - percentage: 100%                    
From 250.001 to 260.000 tickets - percentage: 95%                     
From 260.001 to 270.000 tickets - percentage: 90%                    
From 270.001 to 280.000 tickets - percentage: 85%
From 280.001 to 290.000 tickets - percentage: 80%
From 290.001 to 300.000 tickets - percentage: 75%
From 300.001 to 310.000 tickets - percentage: 70%
From 310.001 to 320.000 tickets - percentage: 65%
From 320.001 to 330.000 tickets - percentage: 60%
From 330.001 to 340.000 tickets - percentage: 55%
From 340.001 to 350.000 tickets - percentage: 50%
From 350.001 to 360.000 tickets - percentage: 45%
From 360.001 to 370.000 tickets - percentage: 40%
From 370.001 plus tickets - percentage: 35%.

2. Upon decision of the Minister of Culture and Tourism are reformed the data and rates of Paragraph 1.


PART TWO
REIFORCEMENT OF PRODUCTIVITY BY PROVIDERS OF AUDIOVISUAL MEDIA

Article 8: Obligations of providers of audiovisual media services

1. The ERT S.A. is required to provide each year 1.5% of the annual turnover for the production of films that qualify for reinforcement under the provisions Article 3 of this law. The annual turnover includes the administrative charge.
2. Private television stations are required to provide every year 1.5% of their annual turnover for the production of film works that meet the requirements of Article 3 hereof.
3. Up to half of the amount required allocating each year the ERT S.A. and private television stations for the production of cinematographic works in accordance with previous paragraphs, may be available to the Greek Film Center as advertising time on television advertising and the promotion of film works. 
4. The cable television companies are obliged to provide every year 1.5% of their annual turnover to produce cinematographic works that meet the requirements of Article 3.
5. Up to half of the amount obliged to provide every year and by the year 2014 a cable television company to produce cinematographic works in accordance with the preceding paragraph, may be handed to the Greek Film Center as advertising time for television advertising and promotion of cinematographic works. From the year 2015 onwards cable-TV companies shall provide the total of 1.5% of their annual turnover exclusively for the production of cinematographic works as defined in Paragraph 3 of this Article.
6. Companies providing telecommunications services and new technologies are obliged to provide every year 1.5% of their annual turnover resulting from the provision of audiovisual media via internet or mobile phone (IPTV, VIDEO ON DEMAND) to produce cinematographic works that meet the requirements of Article 3.
7. The liable companies are obliged for any financial use to register on a special tax-free reserve in the annual balance sheet the amount they need to invest to produce cinematographic works (Film Production Investment). The liable entities are obliged allocating the total Film Production Investment within the next two years following the publication of their balance sheet. 
8. The liable companies as they have invested their Film Production Investment submit to the Directorate of Cinema and Audiovisual Media of the Ministry of Culture and Tourism (DCOM) the Application for Certification of Film Production Investment within one month from the end of the period prescribed in Paragraph 7 of this Article.
9. If the liable companies have produced:
(A) short length fiction film
(B) documentary or/and
(C) animation,
which has participated in an international festival, the cost of production of this audiovisual work may be included by the liable company in the Film Production Investment.
10. After the submission of the Application for Certification of Film Production Investment, DCOM, since the liable company has fully complied with the obligations arising from the provisions of this Article, shall within one month issue the Certificate of Film Production Investment. Liable company that has provided advertising time to the Greek Film Center in accordance with Paragraphs 3 and 5 of this Article, fulfill the obligation even if the Greek Film Center has not used the corresponding advertising time.
11. If the liable company failed to submit to the DCOM within the period referred to in Paragraph 8 of this Article the Application for Certification of Film Production Investment, DCOM, by written invitation, asks the company to apply within 15 working days. If the liable company does not respond to the invitation, apply the provisions of the following paragraph.
12. If:
(A) the liable company fails to submit the Application for Certification Film Production Investment according to the provisions of Paragraph 8 of this Article 
or
(B) are not met in full the conditions for issuing the Certificate of Film Production Investment in accordance with the provisions of this Article, DCOM, by its decision, imposes on the liable company a fine of an amount equal to the overall Film Production Investment as certified by the competent tax office as public revenue and is vested in the Ministry of Culture and Tourism. The Ministry of Culture Tourism returns that amount to the Greek Film Center.
13. If from the Application for Certification of Film Production Investment results that the liable company has allocated part of the total Film Production Investment, DCOM imposes to the liable company a fine, the amount of which equals to the amount of the Film Production Investment that has not been invested as certified by the competent tax office as public revenue and is vested in the Ministry of Culture and Tourism. The Ministry of Culture
Tourism returns that amount to the Greek Film Center.
14. The Minister of Culture and Tourism adjusts the calculation of the amount that may be available by the liable company as advertising time, the process and requirements for the certification of the Film Production Investment and any other issue concerning the application of this Article.

CHAPTER FOUR: GREEK FILM CENTER

Article 9: Legal Form

1. It is established the charitable non-profit legal person of private law named "Greek Film Center" (GFC), resided in Athens, which is supervised by the Minister of Culture and Tourism.
2. The name "Greek Film Center“  belongs exclusively to the private law entity established by this Act and shall not be used as a name, mark or sign of any other person or legal entity. The name "Greek Film Center" can be precisely translated into a foreign language.
3. The GFC has administrative and financial autonomy and operates for the public interest in accordance to the rules of private economy it shall be governed by private law and by the provisions of this Act.
4. The GFC enjoys all administrative and judicial exemptions, as well as all procedural and essential privileges of the State.
5. The limited liability company under the name "Greek Film Center”, that operates  in accordance with Articles 16-26 of Law 1597/1986 (Official Gazette 68 A) and the Presidential Decree 113/1998 (Official Gazette 113 A), is repealed by the publication hereof. All rights and liabilities, and all movable and immovable property of the repealed legal person is vested automatically in the legal person of private law known as "Greek Film Center" that is established by this Law as universal successor, without any specific procedure or formalities and tax or other charges. Cinematographic works owned by the repealed legal person are vested in the legal entity named "Greek Film Center”. Pending litigation with the repealed legal person carry on by the legal person of private law named "Greek Film Center". The staff employed in the repealed entity carries on the same employment relationship with the private law entity named "Greek Film Center”.
6. By joint decision of the Ministers of Culture and Tourism, Finance, Interior, Decentralization and e-Governing, is adopted the internal rules of procedure of GFC. By the rules of procedure are determined by branch and specialization and the sum of employment positions, the recruitment process and qualifications by specialization, the administrative competences, the internal structure, the way of organizing and operating, the division of responsibilities of the personnel and its administrative status, the criteria for fixing the salaries, the disciplinary powers, the disciplinary penalties and generally all matters relating to the organization and operation of the GFC. The staff of the GFC is recruited in accordance with the provisions of Law 2190/1994, as applicable.


Article 10: Purposes

1. Purposes of the GFC are:
(A) the protection, enhancement and development of cinematographic production in Greece,
(B) the projection, dissemination and promotion of Greek Cinematographic Art in Greece and abroad,
(C) the promotion of Greece abroad as a place suitable for making films and audiovisual productions and attracting in Greece foreign film and audiovisual productions in general,
(D) the issuance of the Certificate of Greek Citizenship for Film Works that meet the prerequisites of Article 3 of this Law, as well as the issuance of the Certificate provided by Article 6.
2. For the realization and achievement of its objectives, GFC develops in particular the following activities:
(A) develops and establishes programs for subsidies and funds which comply with the needs of contemporary Greek cinema,
(B) finances and/or subsidizes all stages of feature film production, from scriptwriting to completion, in accordance with the conditions and terms of its approved programs
(C) finances and/or subsidizes the short-length films production, according to the conditions and terms of approved programs,
(D) finances and/or subsidizes foreign audiovisual productions which shooting is conducted wholly or partly in Greek Territory and provides for all related facilities,
(E) supports and/or subsidizes distribution and promotion of films  in Greece and abroad, 
(F) collects and publishes statistics and conducts studies relating to the production, distribution, promotion and projection of film works, on the impact of new technologies and
alternative forms of financing and exploitation of film works,
(G) announces and awards scholarships for studying in Greece and abroad for young producers, directors, screenwriters and technicians as well as organizes professional training seminars,
(H) enters into programmatic or other contracts with public or private institutions in Greece and abroad for the promotion of its purposes,
(I) represents Greece in the European Cinema Support Fund (Eurimages) of the Council of Europe,
(K) cooperates with the European Commission for the functioning of the office promoting the program MEDIA (support program of the European audiovisual sector in the European Parliament and the Council of the European Union), the competence for which is transferred from  the Ministry Culture and Tourism to the GFC,
(L) implements the provisions on tax incentives for the enhancement of cinema production, in accordance with Paragraph 13 of Article 73 of Law 3842/2010 (Official Gazette 58 A),
(M) performs all activities associated with its purposes.
3. In as many of the cases of the previous paragraph are required keeping records and books, the GFC is exempted from this requirement, subject to Paragraph 2 Article 36 of Presidential Decree 186/1992 (Official Gazette 84 A). The producer of the film work displays the relating operations in special space or in a separate set of account books held by him in accordance with the provisions of the Books and Records Code as applicable and issues for each collection of amount from the GFC or for any payment to it receipt as appropriate. For any remaining issues applies the agreement of the parties.

Article 11: Resources

1. The resources of the GFC are:
(A) the regular annual grant from the Ministry of Culture and Tourism,
(B) the rate of the special tax provided in Paragraph 3 Article 5 of this law,
(C) grants from Local Authorities,
(D) grants from the European Union and international organizations,
(E) any income arising from the exploitation of its cinematographic works and its property,
(F) grants, donations and bequests of public or private agencies and organizations or individuals,
(G) any other lawful income.
2. The fiscal year of the GFC commences on 1st January of each year and ends on 31st December of the same year.
3. At the end of each practice the Administrative Board closes the accounts, makes an inventory of property and prepares the annual financial lists of Paragraph 1 Article 42a of the Codified Law 2190/1920 (Official Gazette 144 A). The annual financial lists are submitted for approval to the Minister of Culture and Tourism, accompanied by a report of the Administrative Board and certificate of chartered accountant, under the provisions of Paragraphs 1, 3, 4 and 5 of Article 37 of Law 2190/1920. After the approval of the annual financial lists they are published and posted on the website of the GFC.
4. The regular monitoring of the financial management of the GFC is exercised by two chartered accountants designated with an equal number of deputies by the Minister of Culture and Tourism and check the legality of the financial management. By decision of the Minister of Culture and Tourism may be ordered at any time extraordinary audit at the GFC, in accordance with the incumbent provisions.
5. During a special meeting of the Administrative Board, with the presence of the General Manager, the representatives of professional and trade actors of the film industry are informed about the results of the financial management of the past year. This meeting is held within three months from the publication of the annual financial lists of the GFC.
6. By joint decision of the Ministers of Finance and Culture and Tourism are adopted specific regulations concerning the keeping of ledgers and records by the GFC as well as the control procedures and other obligations.

Article 12: Governing bodies

The administration of the GFC is:
(A) the Administrative Board and
(B) the General Manager.

Article 13

Administrative Board
1. The GFC is governed by a seven member three-year term Administrative Board designated by decision of the Minister of Culture and Tourism. At least four members of the Administrative Board are individuals of recognized prestige in the field of Greek or international cinema, while the rest may come from the broader area of Arts and Science or have considerable experience in the administration of organizations or businesses. The mandate of the Administrative Board can be extended until the new designation, but shall not exceed six months. By the designation decision of the Administrative Board members are also appointed the President and the Vice President.
2. The incumbency of the members of the Administrative Board may be renewed. Member appointed to replace of another undergoes the remaining term of his predecessor.
3. By joint decision of the Ministers of Finance and Culture and Tourism is determined the compensation of members of the Administrative Board for every meeting.
4. The Minister of Culture and Tourism completes the composition of the Administrative Board, when a member resigns or ebbs before the term ends.
5. The Administrative Board shall meet after the invitation of its President, who presides their meetings. The President of the Administrative Board prepares the agenda and recommends its subjects alone or in cooperation with a member or members of the Administrative Board or appoints a rapporteur who shall be member of the Administrative Board. The General Manager of the GFC participates the meetings, without voting, who performs as rapporteur to the Administrative Board on matters of his responsibility. As secretary, operates an employee of the GFC, appointed by the President the Administrative Board.
6. When the President is absent or indisposed, is deputized by the Vice President. In case the President is absent, the replacement by the Vice President may not extend beyond three months.
7. The Administrative Board is responsible for all issues concerning the administration and management of the GFC, with the exception of matters for which is exclusively responsible the General Manager. 
Specifically, it bears the following responsibilities:
(A) incises, upon recommendation of the General Manager, the cultural policy and strategy of the GFC within the framework of the existing legislation, the internal statute and its financial capacity,
(B) adopts, upon recommendation of the General Manager the internal statute of the GFC and submits it for approval to the Ministers of Culture and Tourism and Finance,
(C) accepts donations, contributions, sponsorships, concludes loans and performs any legal exploitation of revenues,
(D) exercises secondary degree disciplinary authority for the personnel of the GFC,
(E) approves, upon recommendation of the General Manager, the annual budget, the annual report of activity and financial report, which then submits  to the Minister of Culture and Tourism,
(F) issues upon recommendation of the General Manager, the Certificates of Greek Citizenship for Film Works,
(G) provides, after recommendation of the General Manager, the Certificates of the Amplification coefficient for Film Works,
(H) approves, upon recommendation of the General Manager and publishes subsidy programs and funding, and specifically related regulations,
(I) inspects the legality of actions of the General Manager.
8. The Administrative Board meets at least once per month at the headquarters of the GFC and is in quorum if at least four members are present including the President or the Vice President. The representation of a member of the Administrative Board by another member or a third person is not allowed. Decisions are taken by absolute majority of those present. In case of tie predominates the vote of the President. At least three days before each meeting, the President of the Administrative Board invites its members by call sheet on which are stated the day and time of the meeting as well as the agenda. For discussions and decisions are respectively kept records, signed by those present at the meeting.
9. If a member of the Administrative Board is absent from the meetings or indisposed beyond a period of three months, is deducted ex-officio and replaced by decision of the Minister of Culture and Tourism.


Article 14: General Manager

1. The Minister of Culture and Tourism, upon proposal of the Administrative Board of the GFC, appoints the General Manager, with three years term that may be renewed. The General Manager is proposed after a public invitation for expression of interest. The General Manager is a prestigious person from the field of Greek or international cinema. The term of the General Manager can be extended until the new designation but no more than six months.
2. The remuneration of the General Manager of the GFC, as well as any allowances and increments paid to him shall be defined by joint decision of the Ministers of Finance and Culture and Tourism.
3. The General Manager of the GFC bears the following responsibilities as well as those delegated by the Administrative Board:
(A) supervises all Directorates of the GFC and directs their work,
(B) takes the necessary measures to implement the decisions of the Administrative Board within the framework of this Law, the internal statute of the GFC, the approved programs and the annual budget,
(C) specifies the objectives and policies of the GFC and recommends the annual budget, for the observance of which he is responsible,
(D) submits to the Administrative Board an annual report of activity and financial report,
(E) represents the GFC judicially and out of court,
(F) submits to the Administrative Board the proposals and suggestions indispensable to implement the objectives of the GFC,
(G) recommends to the Administrative Board the internal regulations of the GFC,
(H) concludes, signs and executes all contracts approved by the Administrative Board,
(I) upon approval of the Administrative Board, adopts decisions for hiring and firing of the personnel and associates of the GFC, defines the legal form of their employment and take all necessary measures to upgrade and make most of the personnel,
(J) exercises first instance disciplinary authority for all the personnel of the GFC,
(K) approves the operating expenses of the GFC and its Directorates in the context of the approved by the Administrative Board annual budget,
(L) recommends to the Administrative Board for the issuing of the Certificate of Greek Citizenship for Film Works,
(M) recommends to the Administrative Board for the issuing of the Certificate for the Amplification Coefficient of Film Works,
(N) recommends to the Administrative Board the programs for grants and subsidies and the relevant special regulations.
4. The General Manager is assisted in his work by the Directors of the GFC. By his decision may be transferred to them some of his responsibilities, informing the Administrative Board during the imminent meeting.

Article 15: Internal Structure

1. In GFC run the following Directorates:
(A) Development and Production
(B) International Audiovisual Productions (Hellenic Film Commission)
(C) Promotion (Hellas Film)
(D) Financial and Administrative Support
In the GFC also operate independent legal services.
2. Through the Internal Statute of the GFC may also be created additional Directorates.

Article 16

Directorate of Development and Production
1. The Directorate of Development and Production:
(A) enhances, finances, and oversees each stage of the production of a film work – script development, development of pre-production and production,
(B) enhances, finances and supports the production of cinematographic works, with special consideration for the discovery and promotion of young filmmakers.
2. The Director of Development and Production shall compile the subsidy programs and funding as overseen and implemented by the Directorate. These programs shall be submitted to the General Manager of the GFC who, after approving, forwards them for final approval to the Administrative Board of the GFC.

Article 17: Directorate of International Audiovisual Productions
(Hellenic Film Commission)

1. The Directorate of International Audiovisual Productions:
(A) promotes Greece abroad as a place suitable for creating any kind of audiovisual productions,
(B) supports any kind of international audiovisual productions shot in Greek territory and mediates for providing information, services and facilities,
(C) promotes subsidy and funding programs of the Directorate to foreign public and private bodies to attract the creation international audiovisual productions in Greece,
(D) cooperates with national public institutions and the wider public sector to realize its objectives.
2. The Director of International Audiovisual Productions establishes subsidy and funding programs overseen and realized by the Directorate. These programs shall be submitted to the General Manager of the GFC, who, after approving, forwards them for final approval to the Administrative Board of the GFC.
3. Beneficiaries of the subsidy and funding programs of the Directorate are Greek or foreign audiovisual producers of audiovisual works in accordance with the criteria and conditions of the relevant funding programs.

Article 18: Promotion Directorate
(Hellas Film)

1. The Directorate of Promotion:
(A) promotes Greek films in international festivals and markets,
(B) cooperates with foreign public and/or private entities for the distribution of Greek cinematographic works,
(C) reinforces the distribution expenses and exploitation of film works that qualify according to Article 3 of this Law in accordance with subsidy and funding programs of the GFC,
(D) cooperates with cinema halls for the screening of Greek films.
2. The Promotion Director establishes the subsidy and funding programs of the Directorate. These programs shall be submitted to the General Manager of the GFC, who, after approving, forwards them for final approval to the Administrative Board of the GFC.

Article 19: Financial and Administrative Support Directorate

1. The Financial and Administrative Support Directorate bears the following responsibilities:
(A) implements the decisions taken by the Administrative Board on financial and administrative matters relating to the GFC,
(B) executes payments of the GFC to its debtors as well as the salaries of the employees and the remuneration of its associates,
(C) supervises the recovery of grants and general revenues of the GFC and performs the necessary invitations for supplies,
(D) ensures the professional status of the personnel and executives of the GFC, follows their wages development, implements the occasional disciplinary law,
(E) maintains the records of the meetings of the Administrative Board, the general protocol and secretary services of the GFC,
(F) ensures the storage, maintenance and cleanliness of the areas, and any matter relating to the proper functioning, of the GFC,
(G) composes the annual budget and the account of revenues and expenses of the GFC, and the balance for every use,
(H) prepares, in collaboration with the Legal Department, the employment contracts limited  of special collaborators of the GFC,
2. The Director of Financial and Administrative Support shall be a graduate of Finances University, with significant experience on financial management in business, preferably on cinema.

Article 20: Obstacles, Incompatibilities, Exclusive employment positions, Selection mode for Directors

1. The members of the Administrative Board, the General Manager, and the Directors of the GFC are not permitted, subjected to nullity of the contract, to conduct contractual relationship with the GFC. The same prohibition applies to the spouses of the General Manager and the Directors, as well as their relatives, third degree on blood and by marriage up to second grade. Void is any contract concluded between the GFC and legal persons, whose management is controlled directly or indirectly by the General Manager or the Directors.
This control derives from rights, contracts or other means, either individually or in combination and having regard to the relevant real and legal facts, confers the possibility of a decisive effect on the activity of a undertaking, in particular by: 
(a) ownership rights for part or all of the assets of the undertaking and, 
(b) rights or contracts which confer decisive effect on the composition, meetings and decisions of the organs of an undertaking.
The control is acquired by the person, individuals or undertakings which: 
(a) are entitled to or holders of such rights on contractual basis or, 
(b) while not being holders of rights or beneficiaries of those contracts, they are entitled to exercise the rights deriving from them.
2. The General Manager or any member of the Administrative Board and the General Director of GFC shall not be the same person.
3. The membership of the Administrative Board is incompatible with membership of the Board of any union or professional association of the audiovisual sector. Shall not be elected, appointed or act as member of the Administrative Board any employee of the GFC.
4. The chairs of the General Manager and Directors of the GFC are considered dedicated full employment.
5. The Directors of the GFC are designated by decision of the Administrative Board, upon recommendation of the General Manager, on renewable three years term. The Director of Development and Production shall be prestigious person of the Greek or international field of cinema, the Director of International Audiovisual Productions and the Director of Promotion shall have studied or worked professionally on the field related to their Directorates and the director of Financial and Administrative Support shall be qualified according to Paragraph 2 of Article 19. The Directors of the GFC are selected after a public invitation of interest.


CHAPTER FIVE: 
THESSALONIKI FILM FESTIVAL

Article 21: Legal Form

1. The charitable nonprofit entity of private law named "Thessaloniki Film Festival” (FESTIVAL) operating in accordance with the provisions of Article 4 of Law 2557/1997 (Official Gazette 271 A), shall be governed by the provisions hereof.
2. The name of the FESTIVAL in the Greek is "ΦΕΣΤΙΒΑΛ ΚΙΝΗΜΑΤΟΓΡΑΦΟΥ ΘΕΣΣΑΛΟΝΙΚΗΣ", and the foreign one «THESSALONIKI FILM FESTIVAL». It is prohibited the use of that name as a name, mark or distinctive title by any other natural or legal person.
3. The FESTIVAL has administrative and financial autonomy  and operates for the public interest under the rules of private economy, is governed by private law and the provisions of this law and is overseen by the Minister of Culture and Tourism.
4. The FESTIVAL enjoys all administrative and judicial exemptions and all procedural and essential privileges of the State.
5. By joint decision of the Ministers of Culture and Tourism, Finance, Interior, Decentralization and e-Governing are approved the internal regulation of the FESTIVAL. With these rules of procedure are specified by branch and specialty, the number of positions of the personnel, the recruitment process and the qualifications required per specialty, the responsibilities of the administration, the internal structure, the way of organization and operation, the division of competences of the personnel and its administrative status, the criteria for fixing the salaries, the disciplinary authorities, the disciplinary offenses and penalties, and are in general regulated all matters relating to the organization and operation of the festival. The staff of the festival is employed according to the provisions of Law 2190/1994, as applicable.

Article 22: Purpose

1. The purpose of the FESTIVAL is to spread the cinematographic art, education, entertainment and cultural development of the Greek public, the emergence of the city of Thessaloniki as a meeting place for Greek and foreign authors with the Greek public as well  as a place for market and disposal of film works.
2. Within its scope the FESTIVAL develops any kind of activity on the cinematographic art in Greece and abroad, collaborating with artistic and other bodies of Greece and abroad, under conditions and agreements established as appropriate, organizes and participates in organizing all kinds of artistic events, lectures, exhibitions, seminars, discussions and generally spiritual events,  proceeds , either alone or in cooperation with third parties, records and reproduces any of its events in audio or audio and video, as well as publishes books, magazines and printed material.
3. In particular, the FESTIVAL, under its scope and in accordance with the provisions of this law, undertakes:
(A) the organization of the International Film Festival in Thessaloniki for films of Greek and foreign authors during which ascribes the “Golden Alexander” and “Silver Alexander " awards,
(B) the organization of the Documentary Film Festival in Thessaloniki for documentary films of Greek and foreign authors,
(C) the organization of the Greek Film Festival, of non-competitive character, for Greek fiction, short and full length, films, 
(D) conducting film market, 
(E) the promotion of the festival program and parallel events to other cities of the Greek territory,
(F) to perform tributes (publications, screenings, lectures) to directors, actors, technicians, film movements, national cinematographic traditions,
(G) the operation of the Thessaloniki Cinema Museum,
(H) the establishment of programmatic or other contracts with public or private entities in Greece and abroad for the promotion of its purposes,
(I) the development of any activity related to its purposes.
4. Specific issues relating to the organization of the International Film Festival, the Greek Film Festival and the Documentary Film Festival are determined by their rules of procedure.

Article 23:Resources

1. The resources of the FESTIVAL are:
(A) the annual regular subsidy from the Ministry of Culture and Tourism,
(B) subsidies from local authorities,
(C) reinforcements from the European Union and international organizations,
(D) subsidies, donations and bequests from public or private agencies and organizations,
(E) revenues from its artistic activities, the exploitation of its property, donations, bequests, trusts, and any kind of social resources,
(F) any other lawful income.
2. The fiscal year of the FESTIVAL commences on 1st January of each year and ends on 31st December of the same year.
3. At the end of each fiscal year the Administrative Board closes the accounts, records the property and prepares the annual financial lists of Paragraph 1 of Article 42 (a) of Codified Law 2190/1920 (Official Gazette 144 A). The annual financial lists shall be submitted for approval to the Minister of Culture and Tourism, accompanied by a report of the Administrative Board and certificate by chartered accountants, under the provisions of Paragraphs 1, 3, 4 and 5 of Article 37 of Law 2190/1920. After the approval of the annual financial lists, these shall be published and posted on the website of the FESTIVAL.
4. The regular inspection of the financial management of the FESTIVAL is exercised by two chartered accountants designated along with their deputies by decision of Minister of Culture and Tourism who manage the legitimacy of the financial management. Under decision of the Minister of Culture and Tourism may be arranged anytime extraordinary audit at the FESTIVAL, carried out in accordance with the relevant provisions as applied.
5. By joint decision of the Ministers of Finance and Culture and Tourism are adopted specific regulations regarding the records retained by the FESTIVAL, information and control procedures and other liabilities.

Article 24: "Olympion"

The FESTIVAL is housed in the premises of the old cinema "Olympion". "Olympion" when not used for the needs of the FESTIVAL can be used for commercial exploitation as cinema hall directly or via contractor.

Article 25: Administration Bodies

The Administration Bodies of the FESTIVAL are:
(A) the Administrative Board and
(B) the General Manager.

Article 26: Administrative Board 

1. The FESTIVAL is governed by a seven member Administrative Board of three-year term as designated by decision of the Minister of Culture and Tourism. The term of the Administrative Board is extended until the designation of the new one and no more than six months.
2. The Administrative Board consists of:
(A) five members selected by the Minister of Culture and Tourism, at least three of whom shall be individuals of recognized prestige in the field of Greek and international cinema and the rest can come from the broader area of arts and sciences or have significant experience in the administration of organizations or businesses,
(B) one member represents the Municipality of Thessaloniki and is designated by it,
(C) one member represents the ERT S.A. and is designated by its Administrative Board.
In case the above bodies refuse or fail within one month of the invitation of the Ministry of Culture and Tourism to nominate persons for the designation, the Minister of Culture and Tourism appoints at the predicted position a person of his choice.
3. With the decision of designation of the members of the Administrative Board are also appointed the President and the Vice President, who come from the directly nominated by the Minister of Culture and Tourism members of the Board.
4. The term of the members of the Administrative Board may be renewed. A member appointed as a replacer is undergoing the remaining term of his predecessor.
5. By joint decision of the Ministers of Finance and Culture and Tourism is determined the remuneration of the members of the Administrative Board for each meeting.
6. Upon decision of the Minister of Culture and Tourism is completed the composition of the Administrative Board, when a member resigns or ebbs, before the expiration of his term.
7. The Administrative Board convenes after invitation of its President, who presides the meeting. The President of the Administrative Board prepares the agenda and recommends for its subjects alone or in partnership with a member or members of the Administrative Board or appoints as rapporteur a member of the Administrative Board. At the meetings of the Administrative Board participates, without voting, the General Manager of the FESTIVAL, who acts as rapporteur to the Administrative Board for issues of his competence. As secretary, is appointed an employee of the FESTIVAL, who is designated by decision of the President of the Administrative Board.
8. If the President is absent or indisposed is deputized by the Vice President. If the President is absent, his replacement by the Vice President shall not extend beyond three months.
9. The Administrative Board is responsible generally for all the matters concerning the administration and management of the FESTIVAL, as well as any other issue, except those for which solely responsible is the General Manager. 
In particular:
(A) incises, upon recommendation of the General Manager, the cultural policy and strategy of the FESTIVAL within the framework of existing legislation, the rules of procedure and its financial capacities,
(B) adopts, upon recommendation of the General Manager the internal rules of procedure of the FESTIVAL and submits it for final approval to the Ministers of Culture and Tourism and Finance,
(C) adopts, upon recommendation of the General Manager, the regulations to conduct the International Film Festival, the Greek Film Festival and the Documentary Film Festival,
(D) accepts donations, contributions, subsidies, concludes loans and performs any lawful exploitation of the property of the FESTIVAL in the framework of its purposes,
(E) exercises second grade disciplinary authority to all the personnel of the FESTIVAL,
(F) approves, upon recommendation of the General Manager, the annual budget, the annual report of activities and the financial report, which then submits to the Minister of Culture and Tourism,
(G) conducts legality control on the activity of the General Manager.
10. The Administrative Board meets at least once per month on the premises of the FESTIVAL and is in quorum when present at least four members including the President or the Vice President. The representation of a member of the Administrative Board during the meetings by another member or third person is prohibited. Decisions are taken with absolute majority of those present. In case of tie prevails the vote of the President. At least three days before any meeting, the President of the Administrative Board invites its members by call sheet stating the day and time of the meeting and the issues of the agenda. Upon unanimous vote of the members of the Administrative Board may be discussed during the meeting an issue which was not originally included in the agenda. For discussions and decisions records are kept in a special book, signed by those present at the meeting.
11. If a member of the Administrative Board is absent from the meetings or indisposed for any reason beyond a period of three months, is ex officio deducted and replaced by decision of the Minister of Culture and Tourism.

Article 27: General Manager

1. The Minister of Culture and Tourism, upon proposal of the Administrative Board of the FESTIVAL, appoints the General Manager under a three year term which may be renewed. The General Manager is proposed after a public invitation of interest. The General Manager shall be a prestigious person from the field of Greek or international cinema. The term of General Manager may be extended until the designation of the new one, but may not exceed six months.
2. The remuneration of the General Manager of the FESTIVAL, as well as any other benefits and bonuses paid to him are determined by joint decision of the Ministers of Finance and Culture and Tourism.
3. The General Manager of the FESTIVAL bears the following competences, as well as any other assigned to him by the Administrative Board:
(A) supervises all the Services of the FESTIVAL and directs their activity,
(B) takes the necessary measures for the implementation of the decisions of the Administrative Board under the provisions of this Act and the internal statute of the FESTIVAL,
(C) specifies the objectives and policy of the FESTIVAL and recommends the annual budget, for the observance of which he is responsible,
(D) submits to the Administrative Board an annual activities report and financial report,
(E) represents the FESTIVAL judicially and out of court,
(F) submits to the Administrative Board the proposals  and recommendations  indispensable for the realization of the purposes of the FESTIVAL,
(G) recommends to the Administrative Board the internal rules of procedure of the FESTIVAL,
(H) recommends to the Administrative Board the regulations for conducting the International Film Festival, the Greek Film Festival and the Documentary Film Festival,
(I) concludes, signs and executes any contract approved by the Administrative Board,
(J) upon approval of the Administrative Board he implements decisions for hiring and firing staff and partners of the FESTIVAL, defines the legal form of their employment and takes all necessary measures for upgrading and making most of the personnel,
(K) exercises first grade disciplinary authority for all the staff of the FESTIVAL,
(L) approves the operational expenses of the FESTIVAL and any of its Directorates in accordance with the approved by the Administrative Board annual budget.
4. The General Manager is assisted in its work by the Directors of the FESTIVAL. By his decision he may delegate to them some of his competences, informing the Administrative Board at the imminent meeting.

Article 28: Internal Structure

1. In the FESTIVAL are organized and operate the following Directorates:
(A) Festival.
(B) International Audiovisual Productions (Thessaloniki Film Commission)
(C) Cinema Museum
(D) Financial and Administrative Support
In the FESTIVAL operates as well independent legal service.
2. By the internal statute of the FESTIVAL it is permitted the creation of other Directorates.

Article 29: Directorate of the Festival

1. The object of the Directorate of the Festival is:
(A) the organization of the International Film Festival in Thessaloniki for films of Greek  and foreign authors,
(B) the organization of the Documentary Film Festival in Thessaloniki  for documentaries of Greek and foreign authors,
(C) the organization of the Greek Film Festival, of non-competitive character, in Thessaloniki, for Greek  short and feature films,
(D) the organization of parallel activities and events.
2. The Director of the Festival bears the following competences:
(A) heads his Directorate, supervises and directs its organization and operation,
(B) plans, in collaboration with the Director of Financial and Administrative Support, the financial program of the Directorate, and submits it to the General Manager of the FESTIVAL,
(C) selects the films that participate in the International Film Festival, the Documentary Film Festival and the Greek Film Festival and determines the day and succession of their screenings,
(D) prepares the regulations for conducting the three festivals, which then submits
for approval to the General Manager,
(E) is responsible for the preparation, organization and execution of all events of the festivals,
(F) invites filmmakers, artists, journalists, film coefficients and individuals related to cinema and culture from Greece and abroad,
(G) bears any other competence delegated to him by the General Manager.

Article 30: Directorate of International Audiovisual Productions
(Thessaloniki Film Commission)

1. The Directorate of International Audiovisual Productions:
(A) displays Thessaloniki and Northern Greece abroad as a place suitable for the creation of any kind of audiovisual productions,
(B) strengthens international audiovisual productions of any kind, the shooting of which is carried out in Thessaloniki and Northern Greece and mediates for providing information, services and facilities,
(C) promotes the funding programs of the Directorate to foreign public and private bodies for the realization of international audiovisual productions in Thessaloniki and Northern Greece,
(D) cooperates with national public institutions and the wider public sector to realize its objectives.
2. The Director of International Audiovisual Productions prepares funding programs supervised and realized by its Directorate. These programs are submitted to the General Manager of the FESTIVAL who, after approving, forwards them for final approval to the Administrative Board.
3. Beneficiaries of the funding programs of the Directorate are Greek or foreign audiovisual producers according to criteria and conditions set by the relevant funding programs.

Article 31: Thessaloniki Cinema Museum Directorate

1. The purpose of the Thessaloniki Cinema Museum is the concentration, preservation, museological and museographical projection, study and documentation of any sort of material related to the cinematographic art.
2. To fulfill the purpose of the Museum, the Directorate may organize research and education programs in collaboration with other bodies.
3. The Director of the Museum bears the following responsibilities:
(A) directs the Museum, supervises and coordinates its organization and operation,
(B) plans, in collaboration with the Director of Financial and Administrative Support, the financial planning of the Museum, according to its purposes, and submits it to the General Manager of the FESTIVAL,
(C) proposes the plan of activities of the Museum and submits it to the General Manager of the FESTIVAL,
(D) is responsible for the preparation, organization and execution of all events of the Museum,
(E) recommends to the General Manager of the FESTIVAL on purchases made for the enhancement of the Museum΄s collections, exchanges or concessions of antiques and for lending or selling items of its collections,
(F) recommends to the General Manager of the FESTIVAL on any matter related to the realization of the purpose the Museum,
(G) bears any other competence delegated to him by the General Manager.

Article 32: Directorate of Financial and Administrative Support

1. The Directorate of Financial and Administrative Support bears in particular the following responsibilities:
(A) implements the decisions taken by the Administrative Board on financial and administrative matters concerning the FESTIVAL,
(B) conducts the payments of the FESTIVAL to its debtors and the payroll of the personnel and its associates,
(C) supervises the recovery of subsidies and general revenue of the FESTIVAL and conducts the necessary competitions for supplies,
(D) ensures the professional status of the employees and executives of the FESTIVAL, the following of the development of the wages, the implementation the current disciplinary law,
(E) shall maintain the records of the Administrative Board, the respect of the general  protocol and the secretary support of the FESTIVAL,
(F) shall ensure the storage, maintenance and cleanliness of the areas, and any matter relating to the proper functioning of the FESTIVAL,
(G) drafts the annual budget and the account of income and expenses of the FESTIVAL, and balance sheets for every use,
(H) prepares, in collaboration with the Legal Service, the private employment contracts for limited time special coefficients of the FESTIVAL.
2. The Director of Financial and Administrative Support shall be graduate of Finance University, with significant experience in financial management of enterprises, preferably in the field of cinema.

Article 33: Obstacles, Incompatibilities, Exclusive employment positions, Selection mode for Directors

1. The members of the Administrative Board, the General Manager and the Directors of the FESTIVAL are not permitted, under penalty of nullity of the contract, to contract with the FESTIVAL. The same prohibition applies for the spouses of the General Manager and the Directors, as well as their relatives, third degree on blood and by marriage up to second grade. Void is any contract concluded between the FESTIVAL and legal persons, whose management is controlled directly or indirectly by the General Manager or the Directors.
This control derives from rights, contracts or other means, either individually or in combination and having regard to the relevant real and legal facts, confer the possibility of a decisive effect on the activity of a undertaking, in particular by:
(a) ownership rights for part or all of the assets of the undertaking, and 
(b) rights or contracts which confer decisive effect on the composition, meetings and decisions of the organs of an undertaking.
The control is acquired by the person, individuals or undertakings which: 
(a) are entitled to or holders of such rights on contractual basis, or 
(b) while not being holders of rights or beneficiaries of those contracts, they are entitled to exercise the rights deriving from them.
2. The General Manager or any member of the Administrative Board and the General Manager of FESTIVAL shall not be the same person.
3. The membership of the Administrative Board is incompatible with membership of the Board of any union or professional association of the audiovisual sector. Shall not be elected, appointed or act as member of the Administrative Board any employee of the FESTIVAL.
4. The chairs of the General Manager and Directors of the FESTIVAL are considered dedicated full employment.
5. The Directors of the FESTIVAL are designated by decision of the Administrative Board, upon recommendation of the General Manager, on renewable three years term. The Director of the FESTIVAL shall be a prestigious person of the field of Greek or international cinema, the Director of International Audiovisual Productions and the Director of Thessaloniki Cinema Museum shall have studied or worked professionally on the field related to their Directorates and the Director of Financial and Administrative Support shall be qualified according to Paragraph 2 of Article 32. The Directors of the FESTIVAL are selected after a public invitation of interest.


CHAPTER SIX
HELLENIC NATIONAL AUDIOVISUAL ARCHIVE

Article 34

1. The Hellenic National Audiovisual Archive, private non-profit legal entity,  established by Law 3444/2006 (Official Gazette 46 A), observes a film archive for the collection, preservation, digitization, archiving and conservation of cinematographic works as well as any sort of  printed material, photographs and objects in reference to the art and history of cinema.
2. By joint decision of the Minister of Culture and Tourism and the Minister entrusted the responsibilities of the Minister of Press and Mass Media, upon proposal of the Administrative Board of the Hellenic National Audiovisual Archive, are fixed the terms and conditions for reproduction and use of the cinematographic works, as well as other material of the archive, if: 
(a) there is written consent of the legal holder of Copyright of the work, and 
(b) there is no risk of the regular conservation and preservation of the material.
3. The producer of films and any other holder of original tape material that meets the requirements of Article 3 of this Law shall deliver to the Hellenic National Audiovisual Archives one copy in digital format or film. To the above producers is paid the cost for the production of this copy and is administered a certificate for this deposit. If the producer fails to deliver the copy of the cinematographic work, forfeits the reinforcement measures provided in the Second Chapter of this Law. The deposit of the copy of the cinematographic work shall not be considered transfer of the moral and economic rights of the beneficiaries of the work.
4. By joint decision of the Minister of Culture and Tourism and the Minister entrusted the responsibilities of the Minister of Press and Mass Media is defined the procedure,  the preconditions, technical specifications of the deposit, and any other relevant detail indispensable for the implementation of this Article.


CHAPTER SEVEN
OTHER PROVISIONS FILM POLICY

Article 35: Representation of Greece to the procedures of the Oscar Awards

1. Upon decision of the Minister of Culture and Tourism is determined the way and procedure for the selection of the cinematographic work proposed by the Ministry of Culture and Tourism for participation to the procedures of Oscar Awards.

Article 36: Authorization for filming

1. No license is required for the realization of cinematographic or other film shooting outdoors, with reservation for special authorizations provided by applicable legislation issued by archaeological, municipal or other competent authorities.
2. By joint decision of the Ministers of Foreign Affairs and Culture and Tourism are determined the preconditions and restrictions for filming of cinematographic and/or audiovisual works in borderland, in case of need for extraordinary protection of the international relations of the State that impose specific derogations of  the regulations of this Law.
3. The Minister of Culture and Tourism and any other competent Ministers may enable the producers of cinematographic and/or audiovisual works to use formations of the armed forces or security bodies.
4. Upon the case of the previous Paragraph the producer is obliged to permit the screening of the work to the respective units of the armed forces or security bodies.

Article 37: Assessment of Suitability for Cinematographic Works

1. Before the screening of any film at a cinema hall, shall be applied by the producer or distributor of the work application to the Directorate of Cinema and Audiovisual Media of the Ministry of Culture and Tourism (DCOM) for the assessment of suitability for watching by the underage in cinema halls. DCOM issues act of ranking the cinematographic work under the categories provided in Paragraph 2, in accordance with the opinion of the committee for the qualification of cinematographic works. For the issuing of this act shall be paid a fee, the amount of which is determined by joint decision of Ministers of Finance and Culture and Tourism.
2. In the premises of the Ministry of Culture and Tourism function committees for the qualification of suitability of cinematographic works, the members of which are defined by the Minister of Culture and Tourism. Object of these committees is the ranking of the works submitted to DCOM into one of the following categories:
(A) suitable for everyone
(B) suitable for underage over the age of 12
(C) suitable for underage over the age of 15
(D) unsuitable for underage
3. The viewing of unsuitable films for underage who have not reached the required age is prohibited. Anyone permitting underage to enter a room or open-air space, where unsuitable for their age films are screened, shall be punished by a fine from 1,000 to 10,000 Euros. Act by negligence shall be punished by a fine of 500 to 5,000 Euros.
4. Upon decision of the Minister of Culture and Tourism is determined the number of the committees, their composition, their term, their rules of procedure and any other relevant matter. By joint decision of the Ministers of Culture and Tourism and Finance is determined the remuneration for the members of the above committees.
5. This Article comes into force on 1st August 2011. Until then continues the function of the existing audit committees for film works.

Article 38: Advisory Committee for Schools of Cinema – Television

It is constituted the Advisory Committee for Schools of Cinema – Television provided in Article 25 of law 1158/1981 (Official Gazette 127 A), consisting of five prestigious persons  specialized on issues of cinema - television. Rapporteur without voting is the Head of the Department of Cinema and Audiovisual Media of the Ministry of Culture and Tourism, who is deputized by the Head of the Department of Cinematographic Education of the Directorate. The members of the committee are appointed by decision of the Minister of Culture and Tourism with renewable two year term. By the same decision are defined the President and the Vice President of the Committee, as well as the secretary and his deputy, who are employees of the same Directorate.

Article 39: Diploma Exams of Older Students of Schools of Cinema – Television

The registered, up to the academic year 2000-2001, to the provided by Article 3 of Law 1158/1981 (Official Gazette 127A) schools of cinema - television, who completed their studies till the academic year 2002-2003 but have not participated to diploma exams conducted by the Ministry of Culture until the year 2004 or participated but were not considered successful, have the right to take part in special diploma exams that will be conducted twice and within eight months from the publication of this Act by the Ministry of Culture and Tourism, in order to receive the final qualification title. These exams will be conducted in accordance with No. 07/08/10006/28.2.1975 Ministerial Decision "on diploma exams" and the Article 38 hereof.

Article 39 A

The relationship between the film and television technicians and the respective production houses are labor relations of private law with all the consequences arising from this characterization.



Translation:
Theodora Malliarou
BA in Cinema Department of Aristotelion University of Thessaloniki
MA in Art, Law and Economy of International Hellenic University
Contact: thmalliarou@yahoo.com

 
 
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