Decree No. 2013-999 Of November 8, 2013 On Financial Aid To Technical Industries And Technological Innovation In The Field Of Cinema And The Other Arts And Industries Of The Moving Image

Original Language Title: Décret n° 2013-999 du 8 novembre 2013 relatif aux aides financières aux industries techniques et à l'innovation technologique dans le domaine du cinéma et des autres arts et industries de l'image animée

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Summary repeal of Decree 2006-324.
Keywords CULTURE, CINEMA, film industry, work film, industry technology, technological INNOVATION, ART and industry of the IMAGE ANIMEE, PRODUCTION, co-production, DISTRIBUTION company, company of PRODUCTION, show room, dissemination, support financial, the State aid, CENTRE NATIONAL DU CINEMA and of the IMAGE ANIMEE, grant, amount, award, payment, payee, APPLICATION of Regulation EC JORF n ° 0262 of November 10, 2013 page 18390 text no. 17 order No. 2013-999 8 November 2013 financial technical industries and innovation aid technology in the field of cinema and the other arts and industries of the moving image NOR: MCCK1318288D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/11/8/MCCK1318288D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2013/11/8/2013-999/jo/texte interested Publics: cinema and the other arts technical industries and industries of the moving image and any undertaking or agency with a research project and innovative clean development to improve the quality of the production and the dissemination of works.
Subject: reform of technical industries and support technological innovation in the field of cinema and the other arts and industries of the moving image.
Entry into force: the order comes into force the day following its publication.
Notice: the decree aims to modernize financial support to technical industries and technological innovation. New aid are thus laid down on the basis of Regulation (EC) No 800/2008 of the European Commission on August 6, 2008 (general block exemption regulation). On the other hand, the benefit of aid for research, development and innovation is now open to other companies or agencies as those in technical industries, such as publishers of video on demand and electronic communications operators. The aid provided for by the decree are subject either to the settlement of August 6, 2008, supra, or regulation (EC) No 1998/2006 of 15 December 2006 (de minimis regulation) European Commission.
References: this decree can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of culture and communication, seeing the code of film and the moving image, including its article L. 111 - 2;
Having regard to Regulation (EC) No 1998/2006 of the European Commission of 15 December 2006 on the application of articles 87 and 88 of the Treaty to de minimis aid.
Having regard to Regulation (EC) No 800/2008 of the European Commission of 6 August 2008 declaring certain categories of aid compatible with the common market in application of articles 87 and 88 of the Treaty;
Having regard to the communication from the European Commission on the guidelines on State aid for research, development and innovation, published in the Official Journal of the European Union (OJEU No. C 323, 30 December 2006), enacts as follows: Article 1 more on this article...

Selective financial assistance may be granted by the national Centre of cinema and the moving image to contribute to the adaptation of technical industries to technological developments and to technological innovation in the field of cinema and the other arts and industries of the moving image.


Article 2 more on this article...

Are only admitted to the benefit of the aid provided for in article 1 companies or agencies which: 1 ° have their business headquarters or an establishment in France;
2 ° are not controlled, within the meaning of article L. 233 - 3 of the code of commerce, by one or several natural or legal persons who are nationals of one State other than a Member State of the European Community, a State party to the convention or the convention transfrontier television European European cinematographic co-production of the Council of Europe, a State party to the European economic area or a third European country with which the community has concluded agreements relating for the audiovisual sector;
3 ° operate in accordance with the social legislation, in particular in respect of their obligations with regard to social protection agencies.


Article 3 read more on this article...

For the aid provided for in articles 5 to 11, with the exception of those mentioned in article 8, companies and organizations are also facing technical film and the other arts and industries of the moving image.
Technical film and the other arts and industries of the moving image means all businesses and organizations which, through equipment and technical services they provide, participate in the development of the creation and dissemination of cinematographic, audiovisual and multimedia quality.


Article 4 more on this article...

The aid provided for in articles 5 to 11 are granted in the form of grant by the president of the national Centre of cinema and the moving image.
They are the subject of an agreement between the national Centre of cinema and the moving image and the company or recipient. This agreement sets the terms of payment of the aid and the circumstances in which it gives rise to repayment.
For the consideration of applications, the president of the national Centre of cinema and moving image can appeal selected due to their competence technical, economic or financial personalities in the field of technical or technological innovation industries.


Article 5 read more on this article...

Aid may be granted with a view to contribute to the financing of investments in tangible and intangible assets required for equipment and modernization of the beneficiary undertakings.
When aid are granted to small and medium-sized enterprises, such 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is conditional on compliance with the conditions and the intensity of the aid rules under the provisions of this regulation.
For companies that do not meet the definition of small and medium 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is subject to compliance with the Regulation (EC) No 1998/2006 of the Commission of 15 December 2006 on the application of articles 87 and 88 of Treaty to de minimis aid.


Article 6 read more on this article...

Aid may be granted to contribute to the financing of investments to increase the level of protection of the environment arising from the activity of the beneficiary undertakings going beyond community standards applicable in the absence of community standards.
Aid may also be granted to contribute to the financing of studies directly linked to investments referred to in the preceding paragraph.
The benefit of the aid is subject to compliance with the conditions and the rules of aid intensity laid down in 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 in application of articles 87 and 88 of the Treaty.


Article 7 read more on this article...

Aid may be granted to contribute to the financing of training directly related to investments qualifying for one of the aid as mentioned in articles 5 and 6.
The benefit of the aid is subject to compliance with the conditions and the rules of aid intensity laid down in 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 in application of articles 87 and 88 of the Treaty.


Article 8 more on this article...

I. ― aid may be granted to contribute to the financing of projects and studies on research, development, or the development of techniques to improve the quality of the production or dissemination of cinematographic, audiovisual and multimedia as well as improve the performance of the tools and processes used.
II. — are eligible for the benefit of such aid: 1 ° projects of research and development in industrial research or experimental development;
2 ° the technical feasibility studies prior to industrial research or experimental development activities.
The benefit of the aid is subject to compliance with the conditions and the rules of aid intensity laid down in 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 in application of articles 87 and 88 of the Treaty.
III. — are also eligible for the benefit of the aid provided for the I, the innovation process and organization projects in the services.

These projects must meet the conditions laid down by the European Commission communication on the operating framework for State aid for research, development and innovation published in the Official Journal of the European Union (OJEU No. C 323, 30 December 2006), with the exception of those relating to the size of the beneficiary undertakings.
The benefit of the aid is subject to compliance with the Regulation (EC) No 1998/2006 of the Commission of 15 December 2006 on the application of articles 87 and 88 of the Treaty to de minimis aid.


Article 9 read more on this article...

Aid may be granted to contribute to the financing of the expenses associated with obtaining and validating patents and other industrial property rights.
When aid are granted to small and medium-sized enterprises, such 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is conditional on compliance with the conditions and the intensity of the aid rules under the provisions of this regulation.
For companies that do not meet the definition of small and medium 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is subject to compliance with the Regulation (EC) No 1998/2006 of the Commission of 15 December 2006 on the application of articles 87 and 88 of Treaty to de minimis aid.


Article 10 more on this article...

Aid may be granted in order to contribute to the financing of studies and external consulting services. These studies and services cannot constitute a permanent or periodic activity and should not be in connection with the normal operation of the company.
When these subsidies are granted to small and medium-sized enterprises, such 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is conditional on compliance with the conditions and the intensity of the aid rules under the provisions of this regulation.
For companies that do not meet the definition of small and medium 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 in application of articles 87 and 88 of the Treaty, the benefit of the aid is subject to compliance with the Regulation (EC) No 1998/2006 of the Commission of 15 December 2006 on the application of articles 87 and 88 of Treaty to de minimis aid.


Article 11 read more on this article...

Aid may be granted to contribute to the improvement of services of communication line of the beneficiary undertakings, in order to promote the benefits and facilities they provide or the technologies they develop.
The benefit of the aid is subject to compliance with the Regulation (EC) No 1998/2006 of the Commission of 15 December 2006 on the application of articles 87 and 88 of the Treaty to de minimis aid.


Article 12 read more on this article...

Aid may be granted in the context of agreements made between the national Centre of cinema and moving image and legal entities of public law or private law to contribute to the financing of development and the promotion of technological innovation in the field of cinema and the other arts and industries of the moving image. These conventions lay down the contributions of each partner and the conditions for granting and payment of aid.


Article 13 read more on this article...

Decree No. 2006-324 20 March 2006 relating to financial support for the technical of cinematography and the audiovisual and technological innovation in the field of the arts and industries of the animated image is repealed.


Article 14 read more on this article...

The Minister of economy and finance, the Minister of culture and communication and the Minister delegate to the Minister of economy and finance, in charge of the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Is November 8, 2013.
Jean-Marc Ayrault by Prime Minister: the Minister of culture and communication, Aurélie Filippetti Minister of economy and finance, Pierre Moscovici the Minister delegate to the Minister of economy and finance, in charge of the budget, Bernard Cazeneuve

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