Grant of Approved Co-production status
A co-produced film which meets the requirements set out in this Agreement may be granted Approved Co-production status.
Approved Co-production status shall be granted only if:
an application in respect of a film is made to each of the Competent Authorities in accordance with procedures established under Article 2, and
both Competent Authorities agree to approve the application in accordance with this Article.
Approval of an application in respect of a film shall be given in two stages:
provisional approval, and final approval.
Provisional or final approval shall be given Only if the requirements set out in Article 4 are met, and
subject to such conditions as the Competent Authorities (acting jointly) consider appropriate.
For the purposes of eligibility for the benefits referred to Article 9, a film shall be treated as having Approved Co-production status only if:
the Competent Authorities have agreed to give the film final approval under this Article, and that approval has not been withdrawn.
For all other purposes:
references to the grant of Approved Co-production status are to the giving of either final approval or provisional approval under this Article, and
a film shall be treated as having Approved Co-production status if either stage of approval has been given and that approval has not been withdrawn.
If at any stage the Competent Authorities do not agree to approve an application in respect of a film, Approved Co-production status shall be refused.
Nothing in this Agreement binds the relevant authorities in the UK or India to permit the public exhibition of a film which has been granted Approved Co-production status.
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.