Key Benefits:
Publics concerned: production companies established in France.
Subject: aids for film production, developing countries.
Entry into force: the text comes into force on the day after its publication.
Notice: The decree draws the consequences of the transfer of the management of the film production aid of developing countries (the aids of the South Fund) of the Ministry of Culture and the Ministry of Foreign Affairs to the National Centre for Cinema and Animation and to the French Institute for 2011. It specifies the purpose and conditions for granting and disbursing grants from the South Fund. In his current composition, he reappoints the commission to give an advisory opinion before the decision to grant aids.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications and the Minister of State, Minister of Foreign and European Affairs,
Considering the code of cinema and animated image, including its article L. 111-2;
Vu la Act No. 2010-873 of 27 July 2010 relating to the external action of the State;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions;
Vu le Decree No. 2010-654 of 11 June 2010 relating to the National Centre for Cinema and Animation;
Vu le Decree No. 2010-1695 of 30 December 2010 relating to the French Institute,
Decrete:
Support for film production in developing countries, known as the "aides du Fonds Sud", is granted by the National Centre for Cinema and Animation and the French Institute to promote and develop co-production with countries whose cinematography is most likely to contribute to the promotion of cultural diversity, by presenting to the French and foreign public a different look and new sensibilities.
The aids of the Fonds Sud are granted to production companies established in France that co-produce with production companies established in eligible countries of cinematographic works of a duration of projection greater than one hour, intended for a first exploitation in cinematographic shows, in France or abroad, characterized by a strong identity in relation to the culture of the country(s) eligible and presenting incontestable artistic qualities.
The list of eligible countries is prepared by joint decision of the President of the National Centre for Cinema and Animation and the Director General for Development at the Ministry of Foreign Affairs.
To be admitted to the aid of the South Fund, the works referred to in Article 3 must be carried out under the following conditions:
1° The director(s) is a national of an eligible country;
2° The majority of the views are held in the territory of one or more eligible countries, in a minimum proportion determined by a joint decision of the President of the National Centre for Cinema and Animation and the President of the French Institute;
3° The filming language is the French or any of the official languages or in use, either in the country or countries eligible for the purpose of which the shooting takes place, or in the eligible country of which the director(s) is a national;
4° The production budget is less than or equal to an amount determined by a joint decision of the President of the National Centre for Cinema and Animation and the Director General for Development at the Ministry of Foreign Affairs.
The aids of the Fonds Sud are granted before or after the work has been completed in the light of an application file, the composition of which is determined by a joint decision of the president of the Centre national du cinéma et de l'image animée and the president of the Institut français.
Requests for help prior to completion are presented prior to the beginning of the shooting.
South Fund grants are granted in the form of grants.
A minimum proportion of these aids, set by joint decision of the President of the National Centre for Cinema and Animation and the Director General for Development at the Ministry of Foreign Affairs, is intended to cover expenses incurred in the eligible country of which the director(s) are nationals, in the territory of which the views are taken or in which the foreign production company is established.
Each assistance granted is the subject of a convention between the production company established in France and the National Centre for Cinema and Animation, including the terms and conditions under which the subsidy is paid and the circumstances under which the grant is to be paid.
The decisions to grant aids from the South Fund are taken jointly by the president of the National Centre for Cinema and Animation and by the president of the French Institute after the advice of the commission called the " commission of the South Fund".
The commission of the Fonds Sud consists of six members, including a president, chosen from among professionals in the French and foreign cinema and audiovisual sectors.
The members of the commission may be be supple. In the event of a member's incapacity, the alternate is chosen for a specified session.
The President of the National Centre for Cinema and Animated Image, the President of the French Institute and the Director General for Development at the Ministry of Foreign Affairs or their representatives attend the sessions of the South Fund Commission as observers.
The South Fund Commission sets out the terms and conditions for the review of applications submitted to it. It establishes its rules of procedure approved jointly by the President of the National Centre for Cinema and Animation, the President of the French Institute and the Director General for Development at the Ministry of Foreign Affairs.
The secretariat of the South Fund Commission is jointly provided by the National Centre for Cinema and Animation and the French Institute.
FINAL PROVISIONS
The assistance of the South Fund may also be granted for works that have been requested to assist in the film production of developing countries filed between 15 November 2010 and the date of publication of this decree.
In this case, the provisions relating to the admissibility of applications and the criteria for granting aids provided by the regulations in force prior to the date of publication of this Order, with the exception of the condition relating to the beginning of the shootings, whose compliance is not required.
The members of the commission established by the Decree of 6 July 1992 on measures to assist the film production of developing countries according to the date of this decree become members of the commission of the South Fund.
This Order is applicable until December 31, 2011.
The Minister of State, Minister of Foreign and European Affairs, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister of Culture and Communication are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 5 September 2011.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Frédéric Mitterrand
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
Minister of Budget, Public Accounts
and state reform,
Government spokesperson,
Valérie Pécresse
