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Decree No. 2011-365, April 1, 2011 Financial Aid To New Technologies In Production

Original Language Title: Décret n° 2011-365 du 1er avril 2011 relatif aux aides financières aux nouvelles technologies en production

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Summary

Repeal of Article 1 (IV) of Decree 95-110; Section 4 of Chapter III of Title III and Section 3 of Chapter III of Title IV of Decree 99-130.

Keywords

PRODUCTION , CINEMA , AUDIOVISUAL , AUDIOVISUAL PROGRAMME , CINEMATOGRAPHIC PRODUCTION , CINEMATOGRAPHIC INDUSTRIE , AUDIOVISUAL INDUSTRY , NEW TECHNOLOGIES IN PRODUCTION


JORF no.0079 of 3 April 2011 page 5953
text No. 20



Decree No. 2011-365 of 1 April 2011 on financial assistance to new technologies in production

NOR: MCCK1101820D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/4/1/MCCK1101820D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/4/1/2011-365/jo/texte


Publics concerned: film or audiovisual production companies.
Purpose: modernize the support device for the use of new image and sound processing and manufacturing techniques.
Notice: The decree brings together all the aid devices for the use of new image and sound techniques within a single text. It is subtracted from the European Commission's (EC) No. 1998/2006 regime on the application of Articles 87 and 88 of the Treaty to aids to minimize support for the use of stereoscopic techniques. He set up a commission to provide an advisory opinion prior to the decision of the president of the National Centre for Cinema and Animation.
Entry into force: immediate.
References: the texts amended by this decree can be consulted, in their drafting, on the website of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications,
Considering Commission Regulation (EC) No. 1998/2006 of 15 December 2006 concerning the application of Articles 87 and 88 of the Treaty to Minimizing Aids;
Considering the code of cinema and animated image, including its article L. 111-2;
Vu le Decree No. 95-110 of 2 February 1995 amended on financial support for the production, preparation and distribution of audiovisual works;
Vu le Decree No. 99-130 of 24 February 1999 amended on the financial support of the film industry;
Vu le Decree No. 2005-1396 of 10 November 2005 modified on financial support for the creation of innovative audiovisual works;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions,
Decrete:

Article 1 Learn more about this article...


Selective financial aids can be granted to production companies, established in France, which use new techniques for the production and processing of image and sound for the realization:
1° Long-term cinematographic works using stereoscopic techniques and intended for stereoscopic projection in cinema shows, for which the approval of investments provided for articles 30 and 39 of the decree of 24 February 1999 referred to above was issued;
2° Models and materials intended to present the first visual and sound elements of a long-term cinema project, with a view to, inter alia, validating the artistic and technical aspects of the project and seeking funding;
3° Short-term film works for which one of the pre-realization aids provided for in Articles 81 to 89 of the aforementioned Decree of 24 February 1999. This condition is not required for short-term cinematographic works using stereoscopic techniques;
4° Audiovisual works for which the prior authorization provided for in thearticle 7 of the decree of 2 February 1995 referred to above has been issued or audiovisual works known as "pilots" for which assistance has been granted pursuant to the c of 2° of the I of Article 1 of the same decree.

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The aids mentioned in Article 1 are given in consideration of the innovative nature of the techniques to which it is appealed and the adequacy of the use of these techniques to the artistic approach of the project.

Article 3 Learn more about this article...


Expenditures related to the use of new techniques for the production and processing of image and sound, taken into account in the granting of the aids referred to in Article 1, are determined by decision of the President of the National Centre for Cinema and Animation.

Article 4 Learn more about this article...


Decisions regarding the granting of the aids mentioned in Article 1 are taken by the President of the National Centre for Cinema and Animation after the advice of a commission called "Financial Aids to New Technologies in Production".
The commission is composed of ten members, including a president, chosen because of their competence in the use of new techniques for the production and processing of image and sound.
The chair and members of the commission are appointed by a decision of the president of the National Film and Image Centre for a renewable period of two years.
The president of the National Centre for Cinema and Animated Image or his legal representative attends the sessions of the commission.
The commission's secretariat is provided by the National Centre for Cinema and Animation.

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The aids referred to in Article 1 shall be granted as a subsidy.
Each grant granted is the subject of a convention established between the National Centre for Cinema and Animation and the recipient company. This agreement sets out, inter alia, the terms and conditions for payment of the grant and the circumstances giving rise to its payment.

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The benefit of the aids referred to in Article 1 is subject to compliance with Commission Regulation (EC) No 1998/2006 of 15 December 2006 concerning the application of Articles 87 and 88 of the Treaty to Minimizing Aids, except where such assistance is granted for projects using stereoscopic techniques.
In addition, the aids paid pursuant to this decree may not have the effect of raising to more than 50% of the final cost of production of the work and, in the case of international co-production, to more than 50% of the French participation, the total amount of public aid granted.



Miscellaneous and final provisions

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The IV of Article 1 of the above-mentioned Decree of 2 February 1995 is repealed.

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The above-mentioned decree of 24 February 1999 is amended:
1° Section 4 of Chapter III of Title III is repealed;
2° Section 3 of Chapter III of Title IV is repealed.

Article 9 Learn more about this article...


The Minister of Culture and Communication is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on April 1, 2011.


François Fillon


By the Prime Minister:


Minister of Culture

and communication,

Frédéric Mitterrand


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