Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2007-376 of 20 March 2007 publication of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions, adopted on 20 October 2005 in Paris,
Decrete:
The film co-production agreement between the Government of the French Republic and the Palestine Liberation Organization, for the benefit of the Palestinian Authority (a joint annex), signed in Paris on 11 September 2013, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
DE COPRODUCTION CINÉMATOGRAPHIQUE ENTRE LE GUVERNEMENT DE LA RÉPUBLIQUE FRANÇAISE ET LIBÉRATION DE LA PALESTINE, AU PROFIT DE L'AUTORITÉ PALESTINIENNE (ENSEMBLE UNE annexe), SIGNÉ À PARIS le 11 SEPTEMBRE 2013
The Government of the French Republic and the Palestine Liberation Organization, acting for the benefit of the Palestinian Authority, below referred to as the Parties,
Considering the adoption by UNESCO of the Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions, a convention ratified by the two Parties;
Considering the common desire of the Parties to renew the Franco-Palestinian cultural cooperation and to strengthen the cinematic relations between France and the Palestinian Authority;
Considering their desire to value their common cinematographic heritage;
The following provisions were agreed:
I. Co-production
Article 1
For the purposes of this Agreement:
1. The term "film work" refers to cinematographic works of any duration and on any medium (fiction, animation, documentary) in accordance with the legislative and regulatory provisions of each of the two Parties and whose primary broadcasting takes place in the film theatres;
2. The term "competent authority" means:
For the French Party: the National Centre for Cinema and Animation (CNC);
For the Palestinian Party: the Ministry of Culture of the Palestinian Authority.
Article 2
1. Film works carried out in co-production and admitted for the benefit of this Agreement shall be considered national cinematographic works in accordance with the legislation of each of the two Parties.
2. The cinematographic works of co-production accepted for the benefit of this Agreement shall, in full right, benefit from the French territory and the occupied Palestinian territories (including East Jerusalem) of the benefits derived from the legislation of each Party relating to the film industry.
The competent authority of each Party shall communicate to the competent authority of the other Party the list of texts relating to these benefits.
To the extent that the texts relating to these benefits are amended, in any way by either Party, the competent authority of the Party concerned undertakes to communicate the content of these amendments to the competent authority of the other Party.
3. These benefits are acquired only to the producer of the Party that grants them.
4. To be admitted to this Agreement, co-production cinematographic works must have received, no later than four months after the release of the film in France or in the Occupied Palestinian Territories (including East Jerusalem), the approval of the competent authorities of the two Parties.
Applications for admission must comply with the procedures provided for in this respect by each Party and be in accordance with the minimum requirements set out in the Annex to this Agreement.
The competent authorities of both Parties shall communicate any information relating to the granting, rejection, modification or withdrawal of applications for admission to this Agreement.
Before rejecting a request, the competent authorities of both Parties must consult.
Where the competent authorities of the two Parties have admitted the film work for co-production, the admission may be subsequently cancelled only by agreement between the same authorities.
The approval of a co-production project by the competent authorities of both Parties does not bind any of them with respect to the granting of the operating visa.
Article 3
1. To be admitted to this Agreement, cinematographic works must be carried out by production companies presenting an efficient and sound technical and financial organization, and a professional experience recognized by the competent authority of the Party of which they are responsible.
2. Production companies, in order to be eligible for the benefit of this Agreement, must also meet the conditions imposed by the French or Palestinian regulations according to the Party to which they belong.
3. The majority of artistic and technical collaborators must either reside permanently in the Occupied Palestinian Territory (including East Jerusalem) or in France, or hold French nationality, or an identity or travel document, issued by the Palestinian Authority or hold the nationality of a Member State of the European Union or a State Party to the Agreement on the European Economic Area.
The competent authorities of both Parties may, on an exceptional basis, and after agreement between them, admit the participation of artistic and technical collaborators who do not meet the conditions of nationality or residence as defined by the two preceding paragraphs.
4. Views must be taken in studios established in the French territory or in the Occupied Palestinian Territory (including East Jerusalem).
Taking of views in natural settings outside the French territory or the occupied Palestinian territories (including East Jerusalem) may be authorized by agreement of the competent authorities of the two Parties if the scenario or action of the cinematographic work so requires.
Article 4
The proportion of the respective contributions of the co-producers of each Party in a film co-production work may vary from 20% (twenty per cent) to 80% (twenty per cent) of the final cost of the film.
By derogation and agreement of the authorities of both Parties, the 20 per cent threshold may be reduced to 10 per cent, taking into account the artistic and technical collaborations of the co-producer(s) of each Party.
The technical and artistic participation of the co-producer(s) of each Party shall take place in the same proportion as its financial contributions unless exceptional exemption is granted by the competent authorities of the two Parties.
Article 5
Each co-producer is the co-detaining body and intangible elements of the film.
The material is deposited with the co-producers' joint names in a laboratory chosen by mutual agreement.
Article 6
All facilities are granted for the circulation and stay of artistic or technical staff working in these films as well as for the import or export of the material necessary for the production and operation of co-production films (film, technical equipment, costumes, decoration elements, advertising materials).
Article 7
The competent authorities of both Parties shall review every three years if the balance of the respective contributions is ensured and, if not, stop the necessary measures.
A general balance must be achieved in terms of both artistic and technical contributions and financial contributions; this balance is appreciated by the Joint Commission provided for in Article 15.
For the implementation of this balance sheet, each authority - during the procedure for admission of a film work for the benefit of this Agreement - shall prepare a summary of all aids and funding.
The analysis of general equilibrium includes:
- by the count of the confirmed production and distribution aids and financings on the co-productions of the reference year, having agreed that the appraisal of this account shall be in relation to the overall amount of the budgets of the co-productions;
- by taking into account, beyond the number of films co-produced by the two Parties, films pre-purchased by the distributors and broadcasters of the two Parties, for the benefit of the producers of these films during the reference year and the amount of these pre-purchases;
- by counting French investments, on the one hand, and Palestinian investments, on the other hand, in Franco-Palestinian co-production films.
In the case that an imbalance appears, the Mixed Commission examines ways to restore balance and takes all the measures it considers necessary for this purpose.
Article 8
Generics, trailers and advertising material should mention the co-production between France and the Palestinian Authority.
It must also be mentioned in the case of presentation at festivals.
Article 9
The distribution of income is freely determined by co-producers. It is specified in the contract that binds them.
Article 10
The competent authorities of the two Parties agree that cinematographic works admitted to this Agreement may be co-produced with one or more producers of States with which either Party is bound by film co-production agreements.
The conditions for admission of cinematographic works referred to in the first paragraph must be reviewed on a case-by-case basis, and the balances set out in Articles 3 and 4.
II. - Training and film cooperation
Article 11
The competent authorities of both Parties pay particular attention to training in cinema trades. They work together to study together the steps to be taken to facilitate the initial and ongoing training of professionals. They support the conclusion of agreements or conventions between schools or initial and ongoing training institutions, which allow, inter alia, the movement of their students.
Article 12
The competent authorities of both Parties shall examine ways and means to promote the mutual distribution and promotion of cinematographic works of each of the two Parties.
They recognize the need to promote cultural diversity by facilitating the recognition of their reciprocal cinematography, including through image education programs or participation in film festivals.
The presentation in co-produced film festivals must be ensured by the Party to which the majority producer belongs unless different arrangements are made by the two competent authorities.
Article 13
The competent authorities of the two Parties examine ways to promote the exchange of know-how between professionals (artists, technicians...).
Article 14
The competent authorities of both Parties are working to develop cooperation between the cinematheques and the film archives conservation organizations of both Parties.
III. Joint Commission
Article 15
1. To monitor and facilitate the implementation of this Agreement and to suggest, where appropriate, amendments, a Joint Commission shall be established composed of representatives of the competent authorities and professionals of both Parties.
2. For the duration of this Agreement, the Commission meets in principle every three years alternately in France and the Occupied Palestinian Territory (including East Jerusalem).
It may also be convened at the request of one of the competent authorities, in particular in the event of a change of law or of the regulation applicable to the film industry or in the event that the operation of the Agreement meets in its application of the difficulties of particular gravity, particularly in the case of trade imbalances.
In the latter case, if the Mixed Commission did not meet as soon as possible in order to examine ways to restore balance, the competent authorities only admit to the benefit of co-production that films fulfilling the terms of this Agreement in strict conditions of reciprocity - a film for a film.
IV. Final provisions
Article 16
This Agreement shall enter into force on the date of receipt of the last diplomatic notification by which the Parties shall mutually inform themselves with the fulfilment of the internal procedures necessary for the entry into force of the Agreement.
This Agreement shall be concluded for a period of three years and may be renewed by tacit renewal for new periods of one year each.
Each of the two Parties may denounce this Agreement at any time, by written notification transmitted by diplomatic means. In this case, the agreement ceases to be valid within 3 months of the date of receipt of the notification. The denunciation of the Agreement shall not jeopardize the rights and obligations of the Parties relating to the projects under this Agreement, unless otherwise decided by the Parties.
In faith, the representatives of the Parties, duly authorized to do so, have signed this Agreement.
Done in Paris, September 11, 2013, in two copies, each in French and Arabic, both texts being equally authentic.
For the Government of the French Republic: Aurélie Filippetti Minister of Culture and Communication
For the Palestine Liberation Organization acting for the benefit of the Palestinian Authority: Anwar Abu Eisheh Minister of Culture
Annex
PAPLICATION PROCEDURES
Producers of each of the two Parties shall, in order to be allowed for the benefit of the Agreement, attach to their application for admission before the commencement of the taking of views to the competent authority a file comprising:
- a document concerning the acquisition of copyright for the exploitation of the film;
- a synopsis giving precise information on the nature of the subject of the cinematographic work;
- the list of technical and artistic elements;
- the work plan supplemented by the indication of the number of weeks of shooting (studios and outside) and places of shooting;
- a detailed estimate and funding plan;
- the co-production contract.
The competent authority of the Party with Minority Participation shall give its approval only after receiving the notice of the competent authority of the Party with majority participation.
Done on September 11, 2014.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
