Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communications,
Considering the code of cinema and animated image;
Vu le Civil codeincluding article 2045;
See?Order No. 2009-901 of 24 July 2009 relating to the legislative part of the code of cinema and animated image, including articles 3, 9 and 16;
Considering the code of the state domain, including articles R. 128-12 to R. 128-17;
Considering the decree of 28 December 1946 taken for the application of the Act No. 46-2360 of 25 October 1946 creating the National Centre for Cinematography;
Vu le Decree No. 53-1227 of 10 December 1953 amended on accounting regulations applicable to national administrative institutions;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
Vu le Decree No. 62-1587 of 29 December 1962 amended by-law on public accounting;
Vu le Decree No. 67-513 of 30 June 1967 rights and taxes collected by the National Centre for Cinematography;
Vu le Decree No. 92-681 of 20 July 1992 amended on revenue-based authorities and advances by public bodies;
Vu le Decree No. 99-575 of 8 July 1999 the terms and conditions for approval of certain financial decisions of State public institutions;
Vu le Decree No. 2005-850 of 27 July 2005 concerning delegations of signature of members of the Government;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Vu le Decree No. 2008-1248 of 1 December 2008 relating to the use of domanial buildings by State departments and public institutions;
Considering the opinion of the technical committee of the National Centre for Cinema and Animation of 9 September 2009;
The State Council (inland section) heard,
Decrete:
In addition to the President of the National Centre for Cinema and Animation, the Board of Directors of the institution includes:
1° Six State representatives:
(a) The Secretary General of the Ministry of Culture or his representative;
(b) The Director General of Media and Cultural Industries at the Ministry of Culture or its representative;
(c) The Director General of Art Creation at the Ministry of Culture or its representative;
(d) The Director General of the Treasury to the Ministry of Economy or its representative;
(e) The Budget Director to the Budget Department or his or her representative;
(f) The Director General of Competitiveness, Industry and Services at the Ministry of Industry or its representative;
2° A member of the Council of State, appointed by the Vice-President of the Council of State;
3° A member of the Court of Cassation, appointed by the first president of the Court of Cassation;
4° A member of the Court of Auditors, appointed by the first president of the Court of Auditors;
5° Two staff representatives, elected in accordance with the terms set by order of the Minister for Culture.
The members of the board of directors mentioned in 2°, 3°, 4° and 5° are appointed or elected for three years. Their mandate is renewable.
For each member of the board of directors referred to in 5°, an alternate is elected under the same conditions as the licensee.
Unless it occurs less than six months before the term expires, any vacancy, for any cause, or loss of quality under which the members referred to in 2°, 3°, 4° and 5° have been designated or elected shall be substituted for the remainder of the term.
The elected staff representatives on the board of directors each receive a 15-hour credit per month for the exercise of their mission.
With the exception of the Chair, other members of the Board of Directors and their alternates are acting on a free basis. However, their travel and living expenses may be reimbursed under the conditions provided by the decree of 3 July 2006 referred to above.
The Board of Directors meets at least twice a year, at the convocation of the President of the National Centre for Cinema and Animated Image that sets the agenda. It is also convened by the President at the request of the Minister responsible for culture or at least half of its members who, in this case, propose the agenda of the meeting.
In the event of the absence or incapacity of the President of the National Centre for Cinema and Animation, the Board of Directors is chaired and, if necessary, convened by the Secretary General of the Ministry of Culture.
The council may only validly deliberate if at least half of the members are present, represented or supple. If the quorum is not reached, the council is again convened with the same agenda within fifteen days. It then deliberates without condition of quorum.
The deliberations are taken by a majority of the voting. In the event of a vote-sharing, the president's vote is preponderant.
Members of the board of directors designated at 2°, 3° and 4° of section 1 may give, in writing, a warrant to another member to represent them at a session. Each member can only receive one term.
The Financial Control Authority and the Accountant attend the sessions with an advisory voice.
The President may also call to attend the sessions of the directors and services of the institution and any other person whom he or she deems appropriate.
The proceedings are the subject of minutes signed by the President and addressed to the Minister for Culture, the Minister for Economics and the Minister for Budget in the month following the sitting.
Pursuant to section L. 112-2 of the code of cinema and animated image, the board of directors shall, in particular, deliberate on:
1° The strategic directions of the establishment;
2° The budget and its amendments, as well as the financial account and allocation of the results of the year;
3° The general terms and conditions for the allocation of financial aids, in accordance with the regulations made under sections L. 311-1 and L. 313-1 of the same code;
4° The directions of the acquisition and filing policy set out in the 5th of Article L. 111-2 of the same Code;
5° The categories of contracts that, because of their nature or the financial amount incurred, must be submitted to the President for approval and those for which the President is responsible;
6° Conventions on the disposition of buildings concluded pursuant to Article 16;
7° Borrowings, catches, extensions and transfers of participation;
8° Projects for the purchase of buildings, leases, sales and leases;
9° Justice actions;
10° Acceptance or refusal of donations and bequests;
11° The report under section L. 114-2 of the same code.
The board of directors may delegate to the president some of the powers set out in 8°, 9° and 10°, under the conditions it determines. The Chairperson shall report on the decisions he made under this delegation at the next sitting of the Board of Directors.
The deliberations set out in 3° and 8° of section 3 become enforceable in full law one month after their receipt by the Minister responsible for culture, the Minister responsible for the economy and the Minister responsible for the budget, if none of them objected to this period.
In order to become enforceable, the deliberations under section 3 7 must be expressly approved by the Minister for Culture, the Minister for Economics and the Minister for Budget.
Deliberations on the budget or its amendments and on the financial account provided for in section 3, paragraph 2, shall be approved by the Minister for Culture, the Minister for Economy and the Minister for Budget under the conditions established by the Minister for Culture Decree of 8 July 1999. The period mentioned in the first paragraph of Article 1 of this Decree is then fifteen days.
The president of the National Centre for Cinema and Animated Image directs the institution. As such:
1° It prepares the deliberations of the board of directors and ensures its execution;
2° He is an orderer of income and expenditure;
3° In the event of an emergency and after written approval by the Financial Control Authority, on the one hand, it may make changes to the budget that do not include an increase in the number of permanent staff, or the total amount of expenditures, or a reduction in the total amount of revenues, on the other hand, by means of a change in provisions for expenses on credits for the financing of automatic aids, as well as related expenditure authorities. These decisions are ratified by the board of directors at the first session following their adoption;
4° It organizes the establishment;
5° It has authority over all the services and personnel of the establishment. He manages the staff. He's recruiting contractual personnel. It affects staff in different services;
6° It shall make individual decisions on the allocation of the financial aids provided for in 2° of Article L. 111-2 of the code of cinema and animated image, in accordance with the general conditions established by the board of directors pursuant to Article 3(3);
7° He decides on the acquisitions and decides on the deposits mentioned in the 5th of Article L. 111-2 of the same code, after notice of a commission of which he appoints the members and in accordance with the directions defined by the board of directors pursuant to the 4th of Article 3;
8° It represents the establishment in justice and in all acts of civil life and concludes transactions;
9° It signs the conventions engaging the establishment; is the responsible authority for public procurement;
10° He chairs the Joint Technical Committee and the Hygiene and Safety Committee.
With the exception of the acts referred to in the 3rd and 8th of Article 5, the President of the National Centre for Cinema and Animation may delegate his signature, including in respect of the prerogatives he holds from Article L. 111-3 of the code of cinema and animated image, to the officials of the directorates and services of the establishment, within the limits of their powers and under the conditions that he determines.
In the event of a vacancy or incapacity of the President, for any reason, the duties of an agent are temporarily exercised by the Financial Services Officer of the establishment for the day-to-day performance of revenues and expenses.
The President of the National Centre for Cinema and Animated Image has, for the implementation of the State policy in the field of cinema and other arts and industries of animated image, the signature delegation envisaged by the Decree of 27 July 2005in the conditions and limits established by articles 1st, 3 and 4 of the same decree.
Published under conditions fixed by order of the Minister for Culture:
1° The deliberations of the board of directors referred to in Article 3;
2° The President ' s decisions bearing delegation of signature pursuant to articles 6 and 7;
3° Individual decisions on the allocation of financial aids made by the President pursuant to 2° of Article L. 111-2 of the code of cinema and animated image as well as those by which he appoints the members of the commissions established to the institution to give notice on these decisions;
4° The individual decisions of the President made for the exercise of the powers he holds from Article L. 111-3 of the same code.
In addition to those mentioned in article L. 114-1 of the code of cinema and animated image, the resources of the National Centre for Cinema and Animation include:
1° Revenues of furniture and buildings and products of their alienation;
2° The proceeds of concessions and royalties due to the authorizations for temporary occupation of the buildings made available to it;
3° Donations and bequests;
4° The recipes of patronage and patronage;
5° Any other recipes from the exercise of its activities authorized by statutes and regulations.
The expenses of the National Centre for Cinema and Animation include:
1° The financial aids awarded under the 2nd of Article L. 111-2 of the code of cinema and animated image;
2° Acquisitions provided under Article L. 111-2 of the same code;
3° Interventions made under the conventions provided for in the last paragraph of Article L. 111-2 of the same code;
4° Personnel costs;
5° Operating and equipment costs;
6° Taxes and contributions of all kinds;
7° In general, all the expenses necessary to carry out his duties.
Financial and accounting operations of the National Centre for Cinema and Animation are carried out in accordance with the provisions of the decrees of 10 December 1953 and 29 December 1962 Severe.
The establishment is authorized to place its funds available under the conditions set out in thearticle 175 of the decree of 29 December 1962 referred to above.
The National Centre for Cinema and Animation is subject to the economic and financial control of the State provided for by the decree of 26 May 1955 referred to above. The procedures for the exercise of this control shall, as appropriate, be determined by joint order of the Minister for Culture and the Minister for Budget.
The accounting officer of the National Centre for Cinema and Animation is appointed by joint order of the Minister responsible for Budget and the Minister responsible for Culture.
Advances and receipts may be created by a decision of the President of the National Film and Image Centre under the conditions provided by the Decree of 20 July 1992.
The President of the National Film and Image Centre, based on the date of publication of this decree, shall, from that date, have the signature delegation provided for in Article 7.
The buildings belonging to the State and necessary for the exercise of the missions provided for in article L. 111-2 of the code of cinema and animated image are made available to the public institution by a convention of use concluded under the conditions provided for in articles R. 128-12 to R. 128-17 of the code of the domain of the State.
The references contained in regulatory provisions at the National Centre for Cinematography and the Director General of the National Centre for Cinematography are replaced by the reference to the National Centre for Cinema and Animation and the reference to the President of the National Centre for Cinema and Animation.
Are repealed:
1° Article 11 of the Film Industry Code;
2° Articles 1, 2, 7 to 14 and 17 to 24 of the decree of 28 December 1946 referred to above;
3° Articles 1 and 2 of Decree No. 67-513 of 30 June 1967 referred to above.
The Minister of Economy, Industry and Employment, the Minister of Budget, Public Accounts and State Reform and the Minister of Culture and Communication are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, June 11, 2010.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Budget, Public Accounts
and state reform,
François Baroin
