(3) For the purposes of this Order— 

(a) a State is a Contracting Party to the 1992 Convention if— 

(i) under Article 16 of the 1992 Convention, that State has expressed its consent to be bound by the 1992 Convention, or 

(ii) under Article 18 of the 1992 Convention, that State has acceded to the 1992 Convention, 

and the 1992 Convention is in force in relation to that State; 

(b) a State is a Contracting Party to the 2017 Convention if— 

(i) under Article 18 of the 2017 Convention, that State has expressed its consent to be bound by the 2017 Convention, or 

(ii) under Article 20 of the 2017 Convention that State has acceded to the 2017 Convention, 

## Treatment as a British film 

and the 2017 Convention is in force in relation to that State. 

2. —(1) A film is to be treated as a British film for the purposes of Schedule 1 to the Films Act 1985 if it is made in accordance with the terms of the applicable Convention and— 

(a) where there are two co-producers, one is established in the United Kingdom and the other is established in a State which is a Contracting Party to the applicable Convention; or 

(b) where there are three or more co-producers, one is established in the United Kingdom and at least two others are established in different States each of which is a Contracting Party to at least one of the Conventions. 

(2) For the purposes of this article— 

(a) “the applicable Convention” means, in relation to a film, whichever of the Conventions applies to that film in accordance with Article 16 of the 2017 Convention; 

(b) “the Conventions” means the 1992 Convention and the 2017 Convention. 

## Revocation 

3.  The European Convention on Cinematographic Co-production Order 2006( a ) is revoked. 

## EXPLANATORY NOTE 

## (This note is not part of the Order) 

Richard Tilbrook Clerk of the Privy Council 

This Order forms part of implementation in the United Kingdom of the Council of Europe Convention on Cinematographic Co-production (revised) 2017 (“the 2017 Convention”), which was signed by the United Kingdom on 7th February 2019. The 2017 Convention replaces (subject to transitional provision) the European Convention on Cinematographic Co-production 1992 (“the 1992 Convention”). 

In particular, the 2017 Convention applies to a co-produced film where some or all of the contributors are established in a Contracting Party to the 2017 Convention, and none of the contributors are established in a Contracting Party to the 1992 Convention which is not a 

