Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2006-785 of 5 July 2006 authorizing the approval of the European Convention on the Protection of Audiovisual Heritage and its Protocol on the Protection of Television Productions;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The European Convention on the Protection of Audiovisual Heritage, made in Strasbourg on 8 November 2001, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
C O N V E N T I O N E U R O P E N E
RELATING TO THE PROTECTION OF AUDIOVISUEL PATRIMOINE
Preamble
Member States of the Council of Europe, other States parties to the European Cultural Convention and the European Community, signatories to this Convention.
Considering that the purpose of the Council of Europe is to achieve a closer union between its members, in particular to safeguard and promote the ideals and principles that are their common heritage;
Considering that the European heritage reflects the identity and cultural diversity of its peoples;
Considering that moving images are an integral part of the European cultural heritage, and that States must ensure its preservation and conservation for posterity;
Considering that moving images are a form of cultural expression reflecting the current society and that they are a privileged way to record daily events, the foundation of our history and the testimony of our civilization;
Aware of the fragility of moving images and of the danger that threatens their existence and transmission to future generations;
Stressing the importance of the responsibility of Parties to safeguard, restore and make available this heritage;
Determined to cooperate and undertake joint actions to safeguard and ensure the sustainability of the audiovisual cultural heritage;
Taking into account existing international treaties on the protection of copyright and neighbouring rights;
Taking into account the work carried out in other international forums in the field of the protection of audiovisual heritage,
agreed that:
Chapter I
Introduction
Article 1
Purpose of the Convention
The purpose of this Convention is to ensure the preservation of the European audiovisual heritage and its development as a form of art and memory of our past through the collection, conservation and provision, for cultural, scientific and research purposes, of moving images in the general interest.
Article 2
Definitions
For the purposes of this Convention:
(a) "Moving images" means any set of moving images, regardless of the method used for recording and the nature of the support, whether or not accompanied by a sonorization, which may give an impression of movement;
(b) "Changing work" means moving images of all duration, in particular film works of fiction, animation and documentaries, intended to be broadcast in the film theatres;
(c) "Archives Organization" refers to any institution designated by a Party whose mission is to perform the functions of the legal filing;
(d) "Voluntary Depositary Organization" refers to any institution designated for this purpose by a Party.
Article 3
Scope
1. The Parties to this Convention shall apply the provisions of the Convention to all cinematographic works from its entry into force.
2. By protocols established in accordance with Article 18 of this Convention, the application of the Convention will be extended to moving images other than cinematographic works, such as television productions.
Article 4
Copyright and neighbouring rights
The obligations of this Convention shall in no way affect the provisions of international treaties relating to the protection of copyright and neighbouring rights. Nothing in this Convention shall be construed in such a way as to affect this protection.
Chapter II
Legal deposit
Article 5
General obligation of legal deposit
1. Each Party shall introduce, by legislative or other appropriate means, the obligation to deposit moving images that are part of its audiovisual heritage and have been produced or co-produced in the territory of the Party concerned.
2. Each Party is free to provide for a legal deposit exemption provided that moving images have met the legal deposit obligations in one of the other Parties concerned.
Article 6
Designation and mission of archives
1. Each Party shall designate one or more archive organisms whose mission is to ensure the conservation, documentation, restoration and disposal for the purpose of consulting the images in motion deposited.
2. The bodies so designated are public or private institutions, which are not directly or indirectly controlled by a natural or legal person primarily engaged in lucrative activities in the media sector.
3. Parties undertake to monitor the execution of the missions entrusted to the archives.
Article 7
Technical and financial means
Each Party shall ensure that archival bodies have appropriate means to carry out their missions as defined in Article 6, paragraph 1, of this Convention.
Article 8
Terms of legal deposit
1. Each Party shall designate natural or legal persons subject to the obligation to deposit. It organizes the terms of this deposit. In particular, it ensures that archival bodies receive the original or material to regain the original quality.
2. The deposit of the equipment shall be made within a maximum period of twelve months after the first presentation of the final version to the public, or in any other reasonable time limit set by a Party. If it has not been shown to the public, the deadline is short from the end of production.
Article 9
Restoration of deposited equipment
1. Each Party encourages and promotes the restoration of moving images, legally deposited and part of its audiovisual heritage, whose quality has deteriorated.
2. Each Party may in its legislation authorize the reproduction, for restoration purposes, of moving images that have been the subject of a legal deposit.
Article 10
Emergency measures
Each Party shall make provisions to ensure the safeguarding of moving images that are part of its audiovisual heritage and subject to an imminent danger that threatens their material existence, when they could not otherwise be protected by the legal deposit.
Chapter III
Voluntary deposit
Article 11
Promotion of voluntary deposit
Each Party shall encourage and promote the voluntary deposit of moving images, including annexed material, being part of its audio-visual heritage, which do not fall within the scope of the provisions of Article 5 of this Convention.
Article 12
Provision to the public
Each Party shall encourage voluntary depositing organizations to specify by contract with the persons entitled the conditions for the public to be made available to the public of the images in motion.
Chapter IV
General provisions common to organizations
archives and voluntary deposit agencies
Article 13
Archives communes
1. In order to meet the purposes of this Convention more effectively, Parties may decide to establish common archives and voluntary deposit bodies.
2. Archival organization and voluntary depositing agency may be a single institution, subject to the application of the specific provisions of each function.
Article 14
Cooperation between archival bodies
and voluntary deposit agencies
Each Party shall encourage its archival or voluntary repository bodies to cooperate with each other and with the organizations of other Parties to facilitate:
(a) The exchange of information about moving images;
(b) The development of a European audiovisual filmography;
(c) The development of standardized procedures for the storage, sharing and updating of moving images and related information;
(d) The development of a common standard for electronic exchange of information;
(e) The backup of equipment to show moving images.
Article 15
Contractual conditions for filing
Each Party shall encourage voluntary repository and repository organizations to enter into contracts with depositors, specifying the rights and obligations relating to motion images. Except as a statutory provision, these contracts may set the conditions of liability for any damage to the images in motion filed, their temporary or permanent recovery by the entitled persons, and the remuneration to be paid by the right holders for their restoration or other service provided by the agencies of archives or voluntary deposits.
Chapter V
Follow-up to the Convention
Article 16
Standing Committee
1. For the purposes of this Convention, a standing committee shall be established.
2. Each Party may be represented in the Standing Committee by one or more delegates. Each Party has the right to vote. Each State Party to this Convention shall have one vote. With regard to matters within its competence, the European Community shall exercise its right to vote with a number of votes equal to the number of its member States which are parties to this Convention. The European Community does not exercise its right to vote if an issue does not fall within its jurisdiction.
3. The European Community or any State referred to in Article 19, which is not a party to this Convention, may be represented on the Standing Committee by an observer.
4. The Standing Committee is convened by the Secretary General of the Council of Europe. It shall hold its first meeting within six months of the date of entry into force of the Convention. It shall meet thereafter when a third of the Parties or the Committee of Ministers of the Council of Europe makes the request, or at the initiative of the Secretary General of the Council of Europe, in accordance with the provisions of Article 18, paragraph 2, or at the request of one or more Parties, in accordance with the provisions of Article 17, paragraph 1 (c).
5. The majority of Parties shall constitute the necessary quorum for the adoption of decisions. Subject to Articles 16, paragraph 6, and 18, paragraph 3, decisions shall be taken by a two-thirds majority of the Parties present.
6. The Standing Committee may, for the purposes of the tasks entrusted by this Convention, use expert advice. It may, on its own initiative or at the request of the body concerned, invite any international or national, governmental or non-governmental organization, technically qualified in the areas covered by this Convention, to be represented by an observer at all or part of its meetings. The decision to invite such experts or organizations shall be taken by a two-thirds majority of the Parties.
7. Subject to the provisions of this Convention, the Standing Committee shall establish its rules of procedure.
Article 17
Functions and reports of the Standing Committee
1. The Standing Committee is responsible for reviewing the operation and implementation of this Convention. He can:
(a) Make recommendations to Parties on the implementation of the Convention;
(b) Suggest amendments to the Convention that may be necessary and consider those proposed in accordance with the provisions of Article 18;
(c) To consider, at the request of one or more Parties, any questions relating to the interpretation of the Convention;
(d) Make recommendations to the Committee of Ministers on the invitation of States, other than those referred to in Article 19, to accede to the Convention.
2. After each of its meetings, the Standing Committee shall transmit to the Parties and the Committee of Ministers of the Council of Europe a report on its discussions and any decisions taken.
Chapter VI
Protocols and amendments
Article 18
Protocols and amendments
1. Protocols on moving images, other than cinematographic works, will be concluded with a view to developing, in specific areas, the principles contained in this Convention.
2. Any proposal for a protocol referred to in paragraph 1, or any proposal for an amendment to such a protocol or to the Convention, submitted by a Party, by the Standing Committee or by the Committee of Ministers, shall be communicated to the Secretary General of the Council of Europe and transmitted by his care to the States members of the Council of Europe, to other States that may become parties to this Convention and to the European Community. The Secretary General of the Council of Europe convenes a meeting of the Standing Committee no later than two months after the submission of the amendment proposal.
3. The Standing Committee shall consider the proposal no later than two months after it has been transmitted by the Secretary General in accordance with paragraph 2. The Standing Committee shall submit the text approved by a three-quarters majority of the Parties for adoption to the Committee of Ministers.
4. Any amendment to the Convention adopted in accordance with the preceding paragraph shall enter into force on the thirtieth day after all Parties have informed the Secretary General that they have accepted it. If an amendment has been adopted by the Committee of Ministers, but has not yet entered into force, a State or the European Community may not express their consent to be bound by the Convention without accepting at the same time that amendment.
5. The Committee of Ministers shall determine the conditions for the entry into force of the Protocols to this Convention and the amendments to these Protocols, on the basis of the text submitted by the Standing Committee in accordance with paragraph 3.
Chapter VII
Final provisions
Article 19
Signature, ratification, acceptance, approval
This Convention is open for signature by member States of the Council of Europe, other States parties to the European Cultural Convention and the European Community. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Rule 20
Entry into force
1. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States, including at least four Member States of the Council of Europe, have expressed their consent to be bound by the Convention, in accordance with the provisions of Article 19.
2. For any signatory who subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of its instrument of ratification, acceptance or approval.
Article 21
Relations between the Convention and community law
In their mutual relations, Parties that are members of the European Community shall apply the rules of the Community and shall therefore apply the rules arising from this Convention only to the extent that there is no Community rule governing the particular subject.
Article 22
Accession of other States
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, having consulted the Parties, may invite any State that is not mentioned in Article 19 to accede to this Convention, by a majority decision provided for in Article 20 (d) of the Statute of the Council of Europe, and unanimously by representatives of the Contracting States having the right to sit on the Committee of Ministers.
2. For any Member State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession to the Secretary General of the Council of Europe.
Article 23
Territorial application
1. Any State or European Community may, at the time of signature or at the time of deposit of the instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any Party may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.
3. Any declaration made under the preceding two paragraphs may be withdrawn, with respect to any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 24
Reservations
No reservation is permitted to this Convention.
Rule 25
Denunciation
1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
Rule 26
Notifications
The Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, the other States that may become parties to this Convention and the European Community:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance, approval or accession;
(c) Any effective date of this Convention in accordance with Articles 20, 22 and 23;
(d) Any amendment or protocol adopted in accordance with Article 18, and the date on which this amendment or protocol will enter into force;
(e) Any other act, notification or communication relating to this Convention.
In faith, the undersigned, duly authorized to do so, have signed this Convention.
Done in Strasbourg on 8 November 2001, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe, to the other States Parties to the European Cultural Convention, to the European Community and to any other State invited to accede to this Convention.
The French Republic has ratified the following declaration: "The Director of Film Heritage of the National Centre for Cinema and Animation represents France within the Standing Committee on the Legal Deposit, established by Article 16 of the Convention".
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
