Draft Council of Europe convention on the co-production of audiovisual works in the form of series
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 2 October 2025 (35th sitting) (see Doc. 16238, report
of the Committee on Culture, Science, Education and Media, rapporteur:
Ms Valentina Grippo). Text adopted by
the Assembly on 2 October 2025 (35th sitting).
1. The Parliamentary Assembly welcomes
the finalisation of the draft Council of Europe convention on the co-production
of audiovisual works in the form of series (hereinafter the “draft
convention”) and commends its ambition to promote cross-border collaboration
and cultural diversity.
2. Certain member States, certain industry representatives and
the European Union have raised concerns regarding the absence of
an impact assessment, the inadequate consultation of stakeholders
and the risks associated with certain elements of the draft convention.
3. Some issues require further consideration to enable the greatest
number of member States to ratify the convention with confidence
in its benefits and free from the fear of unintended side effects
on their local ecosystems.
4. The draft convention defines the term “independent co-producers”
as “audiovisual production companies that are bound by a co-production
contract and qualify as independent under the domestic law provisions
of their countries of establishment or, in the absence of such provisions,
that satisfy the criteria of independence as set out in Appendix
III”.
5. Such a definition may generate normative interference with
domestic legal frameworks and public support regimes, resulting
in regulatory misalignment, reducing the effectiveness of national
mechanisms and deterring stakeholder participation in co-productions.
Although the definition set out in Appendix III applies only in
the absence of domestic legislation, it can still be considered
a de facto supranational standard. This could exert undue normative
pressure on States, distort eligibility criteria for public funding
and compromise the principle of subsidiarity that underpins the
autonomy of national audiovisual ecosystems.
6. Accordingly, the Assembly considers it essential that each
State defines independence in a manner that reflects its own audiovisual
ecosystem.
7. Moreover, the rules regarding copyright, data sharing and
artistic control impose restrictions that may undermine established
practices or legal harmonisation at the European Union level.
8. Consequently, the Assembly recommends that the Committee of
Ministers, before considering its adoption, carry out a market analysis
and an impact assessment of the draft convention with the participation of
stakeholders. Furthermore, it recommends that the Committee of Ministers
make the following amendments to the draft convention:
8.1 include a provision requiring
that each signatory which does not have a definition of “independent producer”
for the purposes of the draft convention shall adopt such a definition
before the entry into force of the convention in its territory;
8.2 redraft Article 3.e as follows: “the term ‘independent
co-producers’ shall mean audiovisual production companies that are
bound by a co-production contract and qualify as independent under
the relevant rules of their countries of establishment”;
8.3 in Article 7, paragraph 1, delete the second sentence
worded as follows: “The allocation of shares should take into account
the respective financial contributions of the independent co-producers
and their creative and technical expenditures”;
8.4 delete Article 7, paragraph 2;
8.5 in Article 7, paragraph 3, delete the second sentence
worded as follows: “Exploitation rights may not be licensed in perpetuity
and the periods of licensing shall allow the independent co-producers
to benefit from the residual value of the rights”;
8.6 8.6. in Article 8, paragraph 3, delete the words: “manage
and”;
8.7 redraft Article 9 as follows: “Understanding of the success
and circulation of officially co-produced series. Audiovisual media
service providers and their subsidiaries established in Parties
to the Convention shall provide audience data and information on
the exploitation of series that have obtained official co-production
status and received financial benefits pursuant to Article 4, to
the competent authorities, as defined in Article 5, paragraph 5,
provided it is required by national legislative and regulatory provisions.
The competent authorities shall treat this information confidentially.”;
8.8 in Appendix II, point 1, second paragraph, delete the
words: “or of Appendix III”;
8.9 delete Appendix III.
9. The Assembly also recommends that the Committee of Ministers
make the necessary amendments to the draft explanatory report to
reflect those made to the draft convention.
