France

[FR] New CNC committee for checking regulations

IRIS 2018-8:1/23

Amélie Blocman

Légipresse

A new committee has just been set up at the National Centre for Cinematography and the Animated Image (Centre National de la Cinématographie et de l'Image Animée - CNC) - the Regulations Control Committee (Commission de Contrôle de la Réglementation). Created by the 2016 Creation Act, the Committee has been tasked with checking compliance with the rules applicable in the cinema and animated image sectors (brought together in the Cinema and Animated Image Code (Code du Cinéma et de l'Image Animée) and the general regulations on financial support from the CNC), and imposing penalties on any natural or legal person who fails to comply. The penalties that may be imposed, depending on the gravity of the case, range from a warning or fine up to an operating ban. Thus, failure on the part of a professional to observe the rules on transparency or to draw up and submit production or operation accounts  are infringements which would be particularly liable to sanctions.

Henceforth, whenever CNC staff note a failure to observe the applicable rules, the matter will be referred to an independent rapporteur from the Conseil d'État who will be instructed to carry out an investigation. This will be submitted to the new Committee, which will, totally independent of the CNC, reach a decision on follow-up and any penalties to be imposed. Depending on the gravity of the case, penalties will range from a warning up to the repayment of aid received from the CNC and even fines of as much as 5% of the undertaking’s annual turnover.

The new Committee, whose members are representatives of professionals in the sector (cinema, audiovisual, video and multimedia; operators and originators), individuals who are qualified in the fields of business law, management and accounting, and members of the state’s inspection services, has strict rules on recusal, designed to ensure its complete impartiality. Its decisions may be appealed against before the administrative courts. The new Committee is to be chaired for three years by a member of the Conseil d’État.