Reservations and Declarations for Treaty No.147 - European Convention on Cinematographic Co-Production

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 17/10/2019


Declaration contained in a letter from the Permanent Representation of Belgium, dated 27 July 2001 - Or. Fr.

Signature by Belgium of the European Convention on Cinematographic Co-Production on 19 February 1998 –
Failure to mention that this signature is binding not only for the Kingdom of Belgium but for its constituents as well.

On 19 February 1998, the Permanent Representative of Belgium signed the European Convention on Cinematographic Co-Production on behalf of the Government of Belgium. At the time of this signature, the field of cinematographic production in Belgium, according to the Constitution, was of a mixed competence, in other words, both the Federal Government and the constituents of the Kingdom (Communities and Regions) share competences in this area. Accordingly, the signature by the Permanent Representative ought to have been followed by the indication that QUOTE “This signature is also binding for the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Region of Bruxelles-Capital”UNQUOTE.

Failure to mention the above has caused the Belgian Council of State to refuse giving a favourable opinion to the draft decree expressing the consent to be bound by the aforementioned Convention, as long as Belgium will not have specified to its partners in the Council of Europe that the signature by the Government representative of the Kingdom of Belgium is also binding upon the constituents (Communities and Regions) of the Kingdom.
Articles concerned : -

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