European Convention on Film Co-Production: 2017 Revision Guide

The Council of Europe Convention on Cinematographic Co-production is the multilateral framework behind a large share of European independent cinema. It allows producers from the countries that have ratified it to make an official co-production together under a single set of rules, without negotiating a separate bilateral treaty for each pair of countries. A film recognised under the Convention is treated as a national film in every participating country, with access to its public funding.

This guide explains how the Convention works today, what changed with the 2017 revision, how it relates to bilateral treaties and how it is applied in Italy. For the wider picture, see our guide to Italy’s film co-production treaties, our international film co-productions guide, our guide to Italian film tax credits and our film and TV practice.

In this guide:

• From the 1992 Convention to the 2017 revision
• What the revised Convention changed
• Financial thresholds: 5%–80% and 10%–90%
• 1992 or 2017: which Convention applies?
• Convention or bilateral treaty?
• How the Convention applies in Italy
• When to use the Convention
• Frequently asked questions

From the 1992 Convention to the 2017 revision

The European Convention on Cinematographic Co-production was opened for signature in Strasbourg on 2 October 1992. It was designed for multilateral projects: to benefit from it, a co-production had to involve producers from at least three Parties. Before the Convention, a film involving three or more countries had to be built on a patchwork of bilateral treaties, which left out the smaller film industries that had few or none.

Twenty-five years later, the film industry had changed: digital production and distribution, new financing models, more partners outside Europe. The Council of Europe therefore adopted a revised Convention, opened for signature at the International Film Festival Rotterdam on 30 January 2017 and in force since 1 October 2017. It is intended to replace the 1992 text, which continues to apply only to co-productions involving a company from a country that is party to the 1992 Convention alone.

What the revised Convention changed

• Bilateral use. The revised Convention can also be used as the legal basis for a bilateral co-production between two Parties that have no bilateral treaty with each other. For many smaller countries this means an official co-production framework with partners they had never signed a treaty with.
• Lower minimum contribution. In multilateral co-productions the minimum share drops to 5% of the budget, making it easier for small territories and small companies to join as full co-producers rather than as service providers.
• Opening beyond Europe. States that are not members of the Council of Europe can accede to the Convention, reflecting the opening of the Eurimages fund to non-European countries.
• Updated language and procedures. The text was modernised to reflect digital production, and the recognition procedure was aligned with established practice.
• Monitoring by Eurimages. The task of monitoring the application of the Convention was entrusted to the Board of Management of Eurimages.

Financial thresholds: 5%–80% and 10%–90%

The revised Convention sets two different ranges, depending on how it is used (Article 6):

• Multilateral co-productions — each co-producer must contribute at least 5% and no more than 80% of the total production cost.
• Bilateral co-productions, where the Convention takes the place of a missing bilateral treaty — at least 10% and no more than 90%.

As in bilateral treaties, the financial share is not enough on its own: each co-producer must also bring a technical and artistic contribution broadly proportionate to its investment.

The 20% safeguard. When the minimum contribution is less than 20%, or the co-production is financial only, each country may reduce or bar access to its national production support. A share of 5% or 10% is therefore valid for co-production status, but does not automatically open the doors to public funding in every country.

Financial co-productions. A co-production may include one or more financial-only minority contributions, provided that each is between 10% and 25% of the production cost, with a majority co-producer bringing an effective technical and artistic contribution (Article 9). Financial co-productions qualify only once the competent authorities have approved them.

1992 or 2017: which Convention applies?

This is the point most often got wrong, even on institutional websites. The new ranges apply only if every country involved has ratified the revised Convention. In relations between a Party to the revised text and a country that is party only to the 1992 Convention, the 1992 Convention continues to apply, with its higher thresholds:

Eurimages follows the same logic: since 2018 its Co-production Support Regulations allow the revised percentages, but only where all participating countries have ratified the revised Convention. Before fixing the shares in a deal memo, check the ratification status of each partner country on the Council of Europe treaty office.

Convention or bilateral treaty?

The Convention and bilateral treaties work side by side. Bilateral treaties between Parties continue to govern bilateral co-productions. In multilateral co-productions, the Convention prevails over the bilateral treaties between the countries involved, while the bilateral provisions remain in force where they are compatible with it.

In practice the choice looks like this:

• Two countries with a bilateral treaty, such as Italy and France: the bilateral treaty applies.
• Two European countries without a bilateral treaty: the revised Convention can be used, with the 10%–90% range, if both have ratified it.
• Three or more countries that are Parties: the Convention is the natural framework, with the 5%–80% range.
• Partners outside Europe: bilateral treaties remain the main route. Italy has agreements with countries such as Canada, and in September 2026 signed its first co-production agreement with South Korea, which will apply once ratified by both countries.

Choosing the framework is not a formality. It determines the minimum shares, the nationality requirements for cast and crew, the documents to file and the authorities to involve, and it should be settled before the co-production agreement is drafted.

How the Convention applies in Italy

Italy ratified the revised Convention with Law 169 of 28 October 2021, and it has been in force for Italy since 1 June 2022. For an Italian co-producer, the Convention works within the national system:

• Recognition — the application for the Italian share is filed with the Direzione Generale Cinema e Audiovisivo of the Ministry of Culture, together with the co-production agreement, before principal photography.
• Tax credit and public funding — once recognised, the film is treated as an Italian work, and the Italian co-producer can access the tax credit and the Ministry’s contributions for its share, under the rules of D.I. 225/2024.
• Minority co-productions — applying the 20% safeguard, the Ministry’s selective fund for minority co-productions requires the Italian share to be at least 20% in a bilateral and 10% in a multilateral co-production. An Italian partner below those thresholds can still be a valid co-producer, but does not reach that fund.
• AI clauses — the Italian tax credit rules now require contracts to address the use of artificial intelligence, and the same applies to the Italian share of a Convention co-production.
• Eurimages and Creative Europe — Convention co-productions are often also financed by Eurimages and Creative Europe MEDIA, which must be coordinated with national and regional funding and with State aid limits.
• PRCA — the co-production agreement and the deeds affecting rights in the film are registered with the Italian Public Cinematographic and Audiovisual Register.

When to use the Convention

The Convention is particularly useful for:

• Multilateral arthouse projects with three or more European partners and festival ambitions;
• Small territories and minority partners, thanks to the 5% minimum;
• Italy–Balkans and Italy–Eastern Europe projects, where many countries have ratified the Convention but not all have a bilateral treaty with Italy (see our Italy–Balkans co-productions guide);
• Bilateral projects without a treaty between two European countries that are Parties to the Convention.

DANDI.media advises Italian and international producers on Convention-based co-productions: choosing between the Convention and a bilateral treaty, drafting multilateral co-production agreements, recognition by the Italian Ministry of Culture, tax credit and Eurimages, AI clauses and chain of title across several legal systems.

Frequently asked questions

What is the minimum share in a co-production under the European Convention?

In a multilateral co-production each co-producer must contribute at least 5% and no more than 80% of the total production cost. When the Convention is used for a bilateral co-production between two Parties without a bilateral treaty, the range is 10% to 90%.

Do the 5% and 10% minimums always apply?

No. They apply only if all the countries involved have ratified the revised Convention. If one of them is party only to the 1992 Convention, the 1992 ranges apply: 10%–70% in multilateral and 20%–80% in bilateral use.

Does a co-producer with less than 20% get public funding?

Not necessarily. Below 20%, or for financial-only participation, each country may reduce or bar access to its national support. In Italy, the Ministry’s minority co-production fund requires at least 20% in a bilateral and 10% in a multilateral co-production.

Can the European Convention be used for a co-production between only two countries?

Yes, under the revised Convention, if the two countries are Parties and have no bilateral co-production treaty between them. If a bilateral treaty exists, it continues to govern bilateral co-productions between those countries.

Has Italy ratified the revised Convention?

Yes. Italy ratified the Council of Europe Convention on Cinematographic Co-production (revised) with Law 169 of 28 October 2021, in force for Italy since 1 June 2022. Recognised co-productions are treated as Italian works and can access the Italian tax credit and Ministry funding for the Italian share.

Can countries outside Europe use the Convention?

The revised Convention allows States that are not members of the Council of Europe to accede. For producers from countries that have not acceded, such as Canada or South Korea, co-productions with Italy are made under bilateral agreements.

What happens if a multilateral co-production also involves countries with a bilateral treaty?

In multilateral co-productions the Convention prevails over the bilateral treaties between the countries involved. The bilateral provisions remain applicable only where they are compatible with the Convention.

Further reading

Dandi Law Firm provides legal assistance in several Practice Areas. Check out our Services or contact Us!