Key Benefits:
Publics concerned: the technical industries of cinema and other arts and industries of the animated image as well as any company or organization presenting an innovative research and development project to improve the quality of the production and diffusion of works.
Subject: Reform of support to technical industries and technological innovation in the field of cinema and other arts and animated image industries.
Entry into force: the decree comes into force on the day after its publication.
Notice: The decree aims to modernize the financial support system for technical industries and technological innovation. New aids are thus provided on the basis of European Commission Regulation (EC) No 800/2008 of 6 August 2008 (general exemption regulations by category). In addition, the benefit of research, development and innovation aids is now open to other companies or organizations than those in the technical industries, such as video-on-demand publishers or electronic communications operators. The aids provided by the decree are subject to the above-mentioned regulation of 6 August 2008 or to the European Commission Regulation (EC) No 1998/2006 of 15 December 2006 (minimum regulation).
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,
Considering the code of cinema and animated image, including its article L. 111-2;
Considering European Commission Regulation (EC) No. 1998/2006 of 15 December 2006 concerning the application of Articles 87 and 88 of the Treaty on Minimizing Aids;
Considering European Commission Regulation (EC) No. 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty;
Considering the communication of the European Commission on the supervision of State aids in research, development and innovation, published in the Official Journal of the European Union (JOUE No. C 323 of 30 December 2006),
Decrete:
Selective financial aids can be granted by the National Centre for Cinema and Animation to help adapt the technical industries to technological developments and technological innovation in the field of cinema and other arts and industries of animated image.
Only eligible for the aids provided for in Article 1 are companies or organizations that:
1° Have the seat of their activity or a permanent establishment in France;
2° Not controlled, in the sense ofArticle L. 233-3 of the Commercial Codeby one or more natural or legal persons of a State other than a Member State of the European Community, a State Party to the European Convention on Transboundary Television or to the European Convention on Film Co-production of the Council of Europe, a State Party to the European Economic Area or a European Third State with which the Community has concluded agreements relating to the audiovisual sector;
3° Work in accordance with social legislation, including in compliance with their obligations to social welfare agencies.
For the aids provided for in sections 5 to 11, with the exception of those mentioned in section 8, companies and organizations must also identify the technical industries of cinema and other arts and industries of animated image.
The technical industries of cinema and other arts and industries of animated image refer to all companies and organizations that, through the equipment and technical services they provide, participate in the development of the creation and quality of the diffusion of film, audiovisual and multimedia works.
The assistance provided for in sections 5 to 11 is granted as a grant by the President of the National Centre for Cinema and Animation.
They are the subject of a convention between the National Centre for Cinema and Animation and the recipient company or organization. This agreement sets out the terms and conditions for the payment of aid and the circumstances under which the aid is being paid.
For the examination of applications, the President of the National Centre for Cinema and Animation can appeal to selected personalities because of their technical, economic or financial competence in the field of technical industries or in the field of technological innovation.
Assistance may be provided to contribute to the financing of investments in tangible and intangible capital assets necessary for the equipment and modernization of the beneficiary companies.
Where aids are granted to small and medium-sized enterprises, as defined in Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid is subject to compliance with the conditions and rules of intensity of aid provided for in the provisions of this Regulation.
For companies that do not meet the definition of small and medium-sized enterprises resulting from Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid 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 on Aids
Assistance can be provided to contribute to the financing of investments to increase the level of environmental protection resulting from the activity of recipient companies either by going beyond the applicable community standards or in the absence of community standards.
Assistance may also be granted to contribute to the financing of studies directly related to the investments mentioned in the preceding paragraph.
The benefit of the aids is subject to compliance with the conditions and the rules of intensity of the aid provided by the provisions of Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the treaty.
Assistance may be granted to contribute to the financing of training directly related to investments benefiting from one of the aids mentioned in Articles 5 and 6.
The benefit of the aids is subject to compliance with the conditions and the rules of intensity of the aid provided by the provisions of Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the treaty.
I. ― Assistance can be provided to help finance projects and studies on research, development or development of techniques to improve the quality of the production or dissemination of film, audiovisual and multimedia works and to improve the performance of the tools and processes used.
II. ― Are eligible for such assistance:
1° Research and development projects related to industrial research or experimental development;
2° Technical feasibility studies prior to industrial research or experimental development activities.
The benefit of the aids is subject to compliance with the conditions and the rules of intensity of the aid provided by the provisions of Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the treaty.
III. ― Are also eligible for assistance provided in I, process and organization innovation projects in services.
These projects must meet the conditions set out in the communication of the European Commission concerning the supervision of State aids in research, development and innovation published in the Official Journal of the European Union (JOUE No. C 323 of 30 December 2006), with the exception of those relating to the size of the beneficiary companies.
The benefit of the aids 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.
Assistance may be granted to contribute to the financing of expenditures related to the obtaining and validation of patents and other industrial property rights.
Where aids are granted to small and medium-sized enterprises, as defined in Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid is subject to compliance with the conditions and rules of intensity of aid provided for in the provisions of this Regulation.
For companies that do not meet the definition of small and medium-sized enterprises resulting from Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid 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 on Aids
Assistance can be provided to help fund external studies and counselling services. These studies and services may not constitute a permanent or periodic activity and should not be related to the normal operation of the company.
When these aids are granted to small and medium-sized enterprises, as defined in Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid is subject to compliance with the conditions and rules of intensity of aid provided for in the provisions of this Regulation.
For companies that do not meet the definition of small and medium-sized enterprises resulting from Annex I to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market pursuant to Articles 87 and 88 of the Treaty, the benefit of aid 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 on Aids
Aids can be granted to help improve the online communication services of recipient companies, in order to promote the services and equipment they provide or the technologies they develop.
The benefit of the aids 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.
Assistance can be provided through past conventions between the National Centre for Cinema and Animated Image and legal persons of public or private law to contribute to the financing of the development and promotion of technological innovation in the field of cinema and other arts and animated image industries. These conventions set out the contributions of each partner and the terms and conditions for the allocation and payment of aids.
Decree No. 2006-324 of 20 March 2006 on financial support to the technical industries of cinematography and audiovisual and technological innovation in the arts and industries of animated image is repealed.
The Minister of Economy and Finance, the Minister of Culture and Communications and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 8 November 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Culture
and communication,
Aurélie Filippetti
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
