Co-Production Treaty India & UK

Each Party shall consult the other on general approach it proposes to take in relation to balance and, in particular, on the methods it will adopt when collating and measuring statistical data and on the approach it will take in measuring whether or not a state of balance exists.

In order to assess the state of balance between the Parties, each Party shall collate and analyse statistical data about successful applications for the grant of Approved Co-production status and shall report to the other annually in writing on the current state of balance.

In making an assessment of the state of balance, each Party:

shall take account of the total number of Approved Co-productions over each relevant period specified in paragraph (5) of this Article (excluding co-productions given approval in reliance on section 2 of Annex 1 to this Agreement), and shall have regard to (among other things) the extent to which those co-productions reflect its own culture or are otherwise beneficial to it.

The relevant periods are as follows:

the first period is the period of one year commencing with the date on which this Agreement enters into force,

the second period is the period of two years commencing with that date,

the third period is the period of three years commencing with that date, and

the fourth and subsequent periods are to be determined as the period of three years immediately preceding any date on which an assessment of the state of balance is made.




Consequences of imbalance


If a Party considers that there is (or is a risk of) imbalance, it shall consult the other.

If, after 6 months of consultations, the Parties are unable to agree on appropriate measures to restore balance, the Party in deficit shall be entitled to take, without the agreement of the other Party, such measures, as it considers necessary.

Measures imposed by a Party under this Article may include the imposition of temporary additional requirements that must be met before its Competent Authority can agree to the grant of Approved Co-production status.

Temporary additional requirements shall apply only in respect of applications, which are:

for the Competent Authorities to give provisional approval for Approved Co-production status under Article 3, and made after the requirement comes into effect in accordance with paragraph (5) of this Article.

No temporary additional requirement may take effect before the Party imposing it:

has notified the other Party in writing of the requirement, and

has published:

a statement of the requirement, and

any changes to the guidance issued in accordance with Article 2, which may be required to give effect to it.

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