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Rules and Regulations

RULES & REGULATIONS

of Silesian Film Fund 2020

 

§ 1

  1. The purpose of the Silesian Film Fund, hereinafter referred to as the “Fund”, is to provide financial support, in accordance with the principles set out below, to film productions of high artistic value, which are connected with the Silesian Voivodeship, whether thematically or through locations.
  2. The Fund has been created under the auspices of the SILESIA FILM Institute in Katowice, hereinafter referred to as “the Institute”, which manages the Fund.
  3. The financial means at the disposal of the Fund come from the Silesian Voivodeship budget in the form of a donation granted yearly as well as from the profits obtained by utilizing films co-produced by the Fund.
  4. In the event of not obtaining the donation referred to in paragraph 3 the Institute retains discretion to withhold the competition procedure.

 

§ 2

  1. Having completed the qualification procedures, the Institute becomes a co-producer of the selected productions on the following terms:

a)    the Institute can cover up to 50% of the costs required to participate in a given enterprise,

b)    the Institute receives one copy of the film on the type of data storage carrier determined in the co-production agreement,

c)    the following amounts must be spent in the Silesian Voivodeship:

  • at least 100% of the Institution’s co-production funds for productions subsidised under the Fund with an amount of up to PLN 150,000 gross,
  • at least 150% of the Institution’s co-production funds for productions subsidised under the Fund with an amount exceeding PLN 150,000 gross,

d)    the minimum of 5% of the film budget constitutes producer’s own contribution (financial, in kind or mixed) coming from the sources other than the subjects that qualify as  public financial sector. In the event of international minority co-productions, the above shall apply to the Polish part of the total production budget,

e)    the Institution’s share in revenues from use of the film can be higher than its percentage share in the costs of production of the film,

f)     costs of the local premiere within the Silesian Voivodeship, organised before the nationwide cinema premiere in Poland, shall be borne by the producer. Silesia Film may provide access to a screening room for the purpose of organisation of a film screening. All proceeds from tickets for the local premiere shall constitute revenue of Silesia Film.

 

  1. The remaining terms regarding the participation of the Institute in the production and utilization of the given film, as well as the rules concerning the organization of premieres, shall be stipulated in the co-production agreement.

 

§ 3

  1. Only subjects who run their business activity in the field of film production can submit their applications to the Fund.
  2. Each entity shall be allowed to submit one application for each edition of the Fund.
  3. Applications concerning school or student films produced as part of the educational process shall be excluded from the competition.
  4. Applications to the Fund, drawn up in Polish using the current model form, together with the required appendices, i.e. the script, a detailed cost estimate, the director’s draft, the producer’s and the director’s achievements, a promotion and distribution plan, letters of intent, promises, co-production contracts, shall be submitted at the registered office of the Institute at ul. Górnicza 5, Katowice, Poland. The current application form is available on the websites.
  5. Script shall be mailed in electronic version to sfc@silesiafilm.com
  6. Printed copy of applications shall be submitted within the time limit determined in the guidelines regarding applications for funding. Time limit is considered observed if the given application is submitted to the Institute before the deadline determined in the guidelines regarding applications for funding. The applications submitted after the time limit determined in the guidelines regarding applications for funding will not be accepted. If during the formal verification of the application it will be determined that the application was submitted after the time limit determined in the guidelines regarding applications for funding, the given application will be returned to the applicant.
  7. Applications submitted to the Fund cannot refer to films whose public screening took place before the date of issuing the application or whose production ended up at the stage of preparing the master copy.
  8. Applications submitted to the Fund cannot refer to films which are made or will be made with the participation of employees of the Institute in the following positions: producer, director, cinematographer, screenwriter, and production manager.
  9. The Institute may reject an application before submitting it for expert evaluation if the entity submitting the application should have a binding co-production contract with the Institute for another film which has yet to be completed.
    1. Should any formal flaws be found in the application, the Institute shall call upon the applicants via email to email address indicated in the application to amend them within the time limit of 7 days after receiving a formal notification. Time limit is considered observed only if the amended application in printed version is received by the Institute within the stipulated time limit. In the case of applicants who are located abroad the time limit is 14 days. Failure to correct the application within the time limit or submission of the application without all flaws amended shall result in rejection of the application. In this case the application will be returned to the applicant.
    2. Applications which fail to meet the following requirements shall be rejected without calling upon the applicant:

a)      Lack of connection between a given production with the Silesian Voivodeship through the choice of the production’s theme or location.

b)    Submission of the application by a different subject than the one specified in §3 point 1 herein.

  1. The application which meets all the necessary requirements shall be handed over to appointed expert to undergo evaluation.
  2. The process of reviewing the applications takes 120 days starting on the date established as the deadline for their submissions.

 

§ 4

  1. In the evaluation, among others, the following criteria are taken into consideration:

a)    artistic value of a project,

b)    connection between a given production with the Silesian Voivodeship and number of shooting days in the region;

c)    expected economic result the production is to bring;

d)    film distribution targets;

e)    the producer’s and director’s achievements hitherto, in case of debutants, their commitment to experienced co-producers and authors’ productions.

f)     Cooperation of the Institution with the applicant and executive producer thus far.

  1. Projects concerning films are evaluated by the group of experts, separate for each film genre. Surnames of experts shall be published together with announcement of competition results.
    1. The experts appointed by the Fund provide their services for remuneration. The decision regarding the level of their remuneration is made by the Commission on the Institute’s recommendation. The financial means for the experts’ remuneration come from the budget of the Fund.
    2. Experts shall complete project evaluation sheets, which constitute an appendix hereto.
      1. Persons who are involved in a project in any way whatsoever or are or will be associated therewith shall not participate in evaluation of that project. Experts shall sign a relevant declaration.
      2. Experts shall participate in selected meetings of the Silesian Film Fund Commission.  The Institute has a roght to conduct a meeting via teleconference.
        1. The Institute can turn to the Polish Film Institute or other Regional Film Funds requesting a consultation, an additional expert assessment of applications or financial settlements.

 

§ 5

  1. The Commission consists of:

a)    CEO of SILESIA FILM Institute in Katowice,

b)    Deputy CEO of SILESIA FILM Institute in Katowice,

c)    a representative of the Members of Silesian Regional Assembly (Sejmik Województwa Śląskiego),

  1. The procedures concerning the works of the Commission are described in separate Rules & Regulations.
  2. Having taken into consideration the expert evaluations and available financial means, the Commission decides which of the applicants shall be invited to negotiations as well as what amount of co-production capital investment shall be proposed.
  3. The Commission decides which applicants shall enter the reserve list and be invited to negotiations in case the applicants described in point 4 above should fail to sign an agreement within the time limit determined in § 8 point 1.
  4. The applicants referred to in paragraph 4 above, who haven’t finalized the contract within the time limit determined in § 8 paragraph 1, after the decision of the Commission may be granted the promise of the participation in the film production costs to the amount of the earlier proposed co-production contribution.
  5. Applicants shall not appeal against the Commission’s decisions.

 

 

 

§ 6

  1. The project which fails to receive a financial support in a given edition of application period can be submitted to the Fund in two next consecutive editions.
  2. The project which received a financial support in the amount of lower than determined in the application may be granted further financing in the next edition of the Fund up to the total amount equal to initially requested funds.
  3. The Institute may terminate the co-production contract if the specifications of the project that was granted the financing underwent the substantial changes, for instance: the number of shooting days within the Silesian Voivodeship, the director, the cast, or other changes which will translate into the end result of the project being different from the one envisioned at the stage of selection of the application for co-finance.

 

§ 7

  1. The list of applicants who are invited to negotiations is published on the Institute’s website: www.silesiafilm.com, www.silesiafilmcommission.com.
  2. The Institute notifies the applicants invited to negotiations by post or e-mail at the address indicated in the application form.
  3. The project’s score shall be communicated to the Producer upon written request.
  4. The Institution shall store the original copy of each application submitted with the Fund, together with the appendices thereto. Copies of applications concerning films which failed to receive subsidies should be collected within 30 days following announcement of the results. Uncollected documents shall be destroyed.

 

§ 8

  1. The Institute prepares a co-production agreement and sets the date with the given applicant for signing the agreement not later than 60 days from the date of publishing the list of subjects invited to negotiations.
  2. Conclusion of a contract shall require that negotiations be started and that the applicants present all signed contracts under which the film will be financed. In the case of subsidies from the Polish Film Institute, the current commitment of the director of the Polish Film Institute and information from PISF confirming delivery of all documents required for conclusion of the contract shall be recognised.
  3. Signed by both parties, the agreement is now to be executed.
  4. The funds allocated for the co-production shall be transferred to the account specified in the contract on the basis of invoices issued by the Producer within 30 days from the date of receipt thereof by the Institute. The number of tranches in which the funds shall be transferred shall be determined by the Institute. Information about the number of tranches shall be included in the co-production contract.
    1. Having spent the financial means granted by the Fund, the applicant submits to the Institute a report presenting financial settlement of the expenses incurred. Certified copies of all the bills and invoices, along with the proofs of payment and concluded agreements, documenting expenses covered by the sum received from the Fund should be enclosed with the report. The aforementioned documentation should include the following clause:

‘The expenditure in the amount of … was financed from the means provided by the “Silesia-Film” Institute within the Silesian Film Fund granted in the year …’

  1. Following completion of the production, the applicant shall present the final report and the post-completion statement of expenditure.
  2. Non-settlement of the granted and transferred amount within the time limit specified in the agreement shall result in the obligation to return the granted amount with added statutory interest charges on tax liabilities.
  3. Detailed terms of co-production are stipulated in the co-production agreement. Basic mandatory terms of the co-production agreement are included in the essential terms of the co-production agreement, as described in Attachment No.3 herein.

 

§ 9

  1. The Institute reserves the right to carry out an audit of the documents which constitute the basis for spending the means granted by the Fund. Such an audit can be carried out within the period of 5 years from the date of submitting the post-completion statement of expenses described in § 8 point 5.
  2. The means provided by the Fund can only cover eligible expenses.
  3. Expenses  considered eligible while realizing a film production are those which are actually incurred by the applicant and meet the following criteria:

a)    expenses which are expedient – i.e. are incurred in connection with the production whose realization was granted financing, are indispensable for completing the task, are directly connected with the production realization schedule;

b)    expenses which are declared in the financial estimation (budget) enclosed in the agreement;

c)    expenses which result from rational and economical management of public means with regard to achieving best possible results with the resources the applicant has at his/her disposal;

d)    expenses which are incurred between January 1, 2020 and the date determined in the agreement;

e)    expenses which are scrupulously documented and possible to verify in the applicant’s financial records;

f)     expenses which conform to the national laws and regulations;

g)    expenses which refer to the services performed or goods delivered (they are not subject to settlement of advance payment).

  1. The means provided by the Fund can only be used to cover the following expenses:

a)    Honoraria, except for:

  • remuneration to which the applicant is entitled on account of all the functions performed by him/her as a natural person running a business activity (registered in the CEIDG, i.e. the Central Registration and Information on Business),
  • advance payments on honoraria,
  • permanent salaries for the applicant’s full-time employees;

b)    Expenses connected with bookkeeping and legal advisory in reference to filmmaking if the service rendered is clearly described on the bill or invoice;

c)    Expenses connected with elements of stage production (set design, costumes) provided that the rules for administering these means by the Producer have been earlier established in consultation with the Institute, as well as the guidelines of how to handle them after the production has been completed;

d)    Expenses for transportation only on the basis of bills and invoices issued by outsourced companies, indicated as external service providers, excluding transportation of people (taxi, railway, public transport, etc.)

e)    Expenses for preventive catering on film set, according to the Health and Safety Regulations (BHP) only in the form of catering services.

f)     Expenses connected with notarial deeds and stamp-duty - when they are directly connected with film production and necessary for its realization;

g)    VAT tax – when it is incurred by the applicant who is not eligible for deduction on the tax (who is not a VAT payer);

h)    Expenses for external services and materials, not enumerated above, connected directly with the production of the given film and documented with bills and invoices indicating types of services rendered.

i)      Taxes on civil-law agreements paid in the period stipulated in the expense agreement.

  1. Documents which constitute the basis for settlement of accounts of the production supported by the Fund should include:

a)    a description substantiating the purposefulness of the expenses,

b)    a legible signature of the person who is factually responsible for the incurred expenses,

c)    a clause stating: ‘The expenses in the amount of … were financed from the means provided by the “Silesia-Film” Institute within the Silesian Film Fund granted in the year …’ along with a signature of the person responsible for the financial settlement;

d)    documents which constitute accounting vouchers are as follows: invoices and bills, civil-law agreements and receipts.

  1. It is not allowed to settle accounts on the basis of receipts or declarations describing the costs incurred by the applicant.
  2. Accounting documents prepared in foreign language should be submitted with the Polish translation.
  3. The means granted from the Fund cannot be used to cover undocumented or inadequately documented expenses; neither can they be used to cover expenses that are not directly related to the project nor those that are excessive and unreasonable.
  4. The means granted from the Fund cannot be used to cover expenses connected with: fixed assets and office equipment, expenses connected with preliminary works (development), depreciation expenses, expenses connected with making more than 1 screening copy, expenses connected with promotion as well as any of  the expenses connected with business travels (transport of people, hotels, allowances, etc.)
    1. It is not allowed to settle accounts by including the applicant’s collective documents which are not expressly connected with the given production (e.g. aggregate invoice for electricity, water, telephone, permanent salaries of full-time employees, etc.)

 

 

§ 10

The applicant is obliged to include information about the Institute and Silesian Film Fund’s participation in the production in the promotional materials as well as in the beginning and final credits of the film according to the example included in the agreement.

 

 

 

§ 11

  1. Submitting an application to the Fund is equivalent to acceptance of the terms stipulated in these Rules and Regulations.
  2. In justified cases, the Institution may modify these Regulations before the expiry of the time limit for submission of applications.
  3. Modifications shall be published immediately on the Institution’s website.
  4. Modification of the regulations shall be binding upon all participants in the competition.

 

 

 

Attachments:

  1. Funding for Film Production Application Form
  2. Example of financial settlement of incurred costs.
  3. Essential Terms of Co-production Agreement.
  4. Project evaluation sheets.

 

 

 

 

 

 

INFORMATION CLAUSE

 

Pursuant to Article 13 of the General Data Protection Regulation No. 2016/679 of 27 April 2016, we would like to inform that:

1.    The controller of your personal data shall be Silesia Film Institute with its registered office in Katowice, ul. Górnicza 5, phone: +48 32 206 88 61, e-mail: info@silesiafilm.com.

2.    A contact person has been appointed for matters connected with personal data processing. Contact: daneosobowe@silesiafilm.com.

3.    Your personal data will be processed for the purpose of organisation of the competition as part of the Silesian Film Fund.

4.    You have the right of access to the data and the right to rectification or erasure thereof, the right to restriction of processing, the right to demand cessation of processing and the right to data portability, as well as the right to object (to processing in the scope of purposes covered by legitimate interests of the controller) and the right to lodge a complaint with a supervisory body, i.e. the President of the Personal Data Protection Office.

5.    Provision of the data is voluntary but necessary for organisation of the competition as part of the Silesian Film Fund. Failure to provide the data shall render participation in the competition impossible.

6.   Your personal data shall be made available to members of the Silesian Film Fund Commission and experts evaluating projects submitted to the Fund, in accordance with the rules and regulations of the Silesian Film Fund for 2019. Recipients of your data shall also include institutions authorised by law.

7.    Your personal data shall not be transferred to third countries or international organisations.

8.    Your personal data shall be stored for a period of 10 years.

9.    The data you provide shall not be subject to profiling or used for automated decision-making.

 

 

DECLARATION OF FULFILMENT OF THE INFORMATION OBLIGATION

 

I declare that I have fulfilled the information obligation in the scope of GDPR in accordance with Articles 13 and 14 of the General Data Protection Regulation No. 2016/679 of 27 April 2016.