France
[FR] Publication of code for allocating CNC aid
IRIS 2015-3:1/12
Amélie Blocman
Légipresse
The “règlement général des aides financières” (general regulations on financial assistance - RGA) of the Centre National du Cinéma et de l’image animée (national centre for the cinema and animated images - CNC) were published in the French official journal on 10 February 2015. These regulations are the final stage of the codification of legislation on the cinema and thereby constitute the first ever code for allocating CNC aid. Without actually changing the legislation, it repeals and replaces the entire body of eleven decrees and the hundred or so decisions of various kinds in the field of financial support. The texts which were in force previously have been retained, and the changes made essentially concern the form of the document. Nevertheless, the changes set out in the Bonnell report (see IRIS 2014-2/21) on aid for production and distribution regarding documentaries and audiovisual fiction, the modernisation of aid for the online showing of cinematographic and audiovisual works, particularly with the creation of an automatic aid in favour of editors of on-demand audiovisual media services other than catch-up television services, have been incorporated in the regulations. Another new feature, as announced in November 2014, is that the RGA has introduced a ceiling on the remuneration payable to writers, performers, and producers of full-length cinematographic works. If these ceilings are exceeded, such works will not be eligible for automatic selective aid support investment.
The regulations are divided into seven sections. The first section sets out the general rules for all types of aid and, according to the new terminology used, draws a distinction between “supervised financial assistance” allocated according to the procedures provided for in sections II to VII, “optional financial assistance”, and the “financial allocations” managed by the CNC. One section is devoted to the deprivation of aid, while another lays down the general procedural conditions, particularly as applicable to the consultative committees. In this respect, the ethical rules which are to apply to committee members are set out in a uniform manner. The other sections in the RGA set out the rules applicable to each type of aid. For ease of reading, the seven sections correspond to both the internal organisation of the CNC and the major professional sectors receiving support. Their subdivisions are dictated by the fundamental distinction between automatic and selective aid. All applications for aid sent to the CNC before the date of entry into force of the Deliberation will be considered, and the aid allocated or refused, under the conditions and according to the procedures provided for in the RGA.
References
- Délibération n° 2014/CA/11 du 27 novembre 2014 relative au règlement général des aides financières du Centre national du cinéma et de l’image animée, JO du 10 février 2015
- http://legifrance.gouv.fr/affichTexte.do;jsessionid=?cidTexte=JORFTEXT000030212955&dateTexte=&oldAction=dernierJO&categorieLien=id
- Deliberation no. 2014/CA/11 of 27 November 2014 on the general regulations on financial assistance awarded by the CNC, published in the official journal on 10 February 2015
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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.