Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2004-426 of 19 May 2004 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Republic of Slovenia concerning the status and operation of cultural centres;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 75-849 of 5 September 1975, on the publication of the agreement between the Government of the French Republic and the Government of the Socialist Federal Republic of Yugoslavia to avoid double taxation on income tax (as a whole protocol), signed in Paris on 28 March 1974;
In view of Decree No. 96-229 of 15 March 1996 on the publication of the agreement in the form of an exchange of letters between the Government of the French Republic and the Government of the Republic of Slovenia on the succession of treaties between France and the Socialist Federal Republic of Yugoslavia (two annexes), signed in Paris on 28 March 1994 and in Ljubljana on 25 May 1994,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Slovenia on the status and functioning of cultural centres, made in Ljubljana on 17 October 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A C C O R D
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE SLOVENIA REPUBLIC ON STATUS AND FUNCTIONING OF CULTURAL CENTRES
The Government of the French Republic and the Government of the Republic of Slovenia, hereinafter referred to as the Parties,
Considering the attachment of the French and Slovenian peoples to the promotion of their cultures, languages and cultural diversity;
Considering the Agreement on Cultural, Educational, Scientific and Technical Cooperation between the Government of the French Republic and the Government of the Republic of Slovenia of 6 November 1992;
In accordance with chapter III, paragraph 1, of the minutes of the second session of the Franco-Slovene Joint Commission on Educational, Cultural, Scientific and Technical Cooperation, signed on 24 April 1997 in Ljubljana,
agreed on the following provisions:
Article 1
The Government of the French Republic established a French Institute in Ljubljana. The Government of the Republic of Slovenia has the capacity, under the principle of reciprocity, to open a cultural centre in France. Under this Agreement, the term "centres" applies to the French Institute of Ljubljana and the Slovenian Cultural Centre in Paris.
Article 2
The Centres' mission is to contribute to the development of relations between the French Republic and the Republic of Slovenia in the fields of culture, artistic exchanges, teaching, academic cooperation, science, technology and communication, including audiovisual. The centres provide direct public information on the achievements of Parties in these areas.
Article 3
The French centre is placed under the authority of the French Embassy in the Republic of Slovenia, the Slovenian centre is placed under the authority of the Embassy of the Republic of Slovenia in France.
Article 4
The activities of the centres include:
- the organization of cultural, educational, scientific and technical events in France and Slovenia, as well as conferences, seminars and other meetings;
- the presentation of films and audiovisual documents;
- the reception, on the occasion of events organized by the centre, of scientists, lecturers and artists of the sending country;
- information on cultural life, scientific and technical activities of the sending country;
- the maintenance of a library and a media library allowing the consultation and loan of books, newspapers, magazines and any other written or audiovisual material of a cultural, educational, scientific and technical character;
- the publication and dissemination of information programmes, catalogues and other cultural, educational, scientific and technical documents;
- teaching and teaching of languages, initiation to the civilization of the sending country.
After agreement between the Parties, centres may participate in or take the initiative in other activities that meet the objectives of this Agreement.
Article 5
The centres operate in accordance with the domestic law of the host State and in accordance with the provisions of this Agreement.
Article 6
By mutual agreement between the Parties, the centres are able to organize their activities outside their premises.
Article 7
Parties shall ensure unhindered public access to the activities of the centres, whether or not they are held in their premises, and ensure that the centres are able to inform the public of their activities by all available means.
Article 8
The centres are state agencies. They have the legal personality of the sending State and have the ability to pass in the receiving State the acts necessary for their operation.
Article 9
The centres have no profit.
Under the conditions set out in this Agreement and in accordance with the regulations in force in the host State, the centres may:
- to collect entry fees for the events they organize, registration fees for their language courses, or other rights related to the activities of the centres under this Agreement in order to cover their operating expenses;
- sell catalogues, posters, programs, books, records, documents and teaching materials in direct relation to the events they organize, in accordance with international regulations on the protection of intellectual property.
Article 10
The tax system of the centres and their staff is regulated by the legislation of the host State, subject to the relevant provisions of the Convention between France and Yugoslavia of 28 March 1974 to avoid double taxation on income tax (a whole protocol) that continues to apply, in accordance with the exchange of letters of 28 March and 25 May 1994, until the entry into force of a new convention on the subject between Slovenia and Slovenia.
Article 11
The centres shall, in accordance with the principle of reciprocity and the regulations in force in the receiving State, benefit from the exemption of customs duties and other duties and taxes due under import:
- furniture, equipment and office supplies, including computer equipment necessary for their current administrative operation;
- catalogues, posters, programmes, books, records, audio-visual and educational materials and other objects referred to in Article 9 of this Agreement, provided that their importation does not affect the rules of normal commercial distribution;
- films intended to be screened or projected in the premises of the centres or in places outside the context of the events organized by them.
The above-mentioned goods may only be lent, leased, pledged or sold under the conditions established by the competent authorities of the host State, in accordance with the customs and tax regulations in force in that State.
Article 12
Each Party shall appoint the staff of its centres.
By mutual agreement between the Parties, the Director may be a member of diplomatic staff in diplomatic missions.
The staff of the centres is mutually agreed.
Parties are mutually reinforcing the recruitment of staff in the centres, as well as the taking and termination of their functions.
Article 13
The staff of the centres, nationals of the sending State and temporarily residing in the receiving State, and the persons in charge of them with regard to the social security of the sending State, are subject to the labour laws and the social security regime in force in the sending State.
Article 14
Each Party shall allow the staff of the centres of the other Party to import, in accordance with the regulations in force, in the exemption of customs duties, taxes and other taxes, within one year of taking office, their furniture, personal effects and motor vehicles, in use, and to re-export them at the end of their mission to the centre. This exemption is only valid for the duration of their functions within the centres.
The objects mentioned above may not be lent, leased, pledged or sold by the staff of the sending State only under the conditions established by the customs and tax regulations in force in the host State.
The provisions of this article shall not apply to staff of cultural centres who are permanent nationals or residents of the host State.
Article 15
Each Party undertakes to facilitate, in accordance with the principle of reciprocity and its existing legislation, the issuance of residence permits in the receiving State to the staff of the centre of the other Party who are not part of the diplomatic staff, as well as to their spouse and dependent children during the duration of the duties of the officer within the centre.
Article 16
Any dispute relating to the interpretation and application of this Agreement shall be settled through negotiations between the Parties.
Article 17
This Agreement shall be concluded for a period of five years. It is revolving tacitly over a five-year period.
Each Party shall notify the other of the fulfilment of the constitutional procedures required for the entry into force of this Agreement, which shall take effect on the first day of the second month following the date of receipt of the second notification.
It may be denounced at any time by one of the Parties by written notification sent by diplomatic means, on a six-month notice.
In faith, the representatives of the Parties, duly authorized to do so, have signed this Agreement and affixed it to it.
Done in Ljubljana on 17 October 2001, in two copies, each in French and Slovenian languages, both texts being equally authentic.
For the Government
of the French Republic:
Olivier de La Baume
Ambassador of France
For the Government
Slovenia:
Tanja Orel-Sturm
Undersecretary of State
Done in Paris, October 26, 2004.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Foreign Affairs,
Michel Barnier
