Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Cambodia, CINEMA, work film, company of PRODUCTION, co-production film, artistic COOPERATION, COOPERATION film, co-producer, agreement film, agreement of co-production film JORF n ° 0212 September 13, 2014 15061 text page no. 4 Decree No. 2014-1037 September 11, 2014, with publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Cambodia to the co-production (set a schedule) signed in Siem Reap on 4 December 2013 (1) NOR: MAEJ1419974D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/9/11/MAEJ1419974D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/9/11/2014-1037/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs and international development, saw the Constitution, particularly its articles 52 to 55.
Considering Decree No. 53-192 of March 14, 1953 changed relative to the ratification and the publication of the international commitments entered into by France;
See 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, decrees: Article 1 the agreement between the Government of the French Republic and the Government of the Kingdom of Cambodia to the co-production (set an annex), signed on 4 December 2013 in Siem Reap will be published in the Official Journal of the French Republic.
Article 2 the Prime Minister and the Minister of Foreign Affairs and international development are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.
Annex agreement between the Government of the French Republic and the Government of the Kingdom of Cambodia relating to the co-production (a whole, annex), signed in SIEM REAP on 4 December 2013. the Government of the French Republic and the Government of the Kingdom of Cambodia, hereinafter referred to as the Parties;
Whereas the UNESCO Convention on the protection and promotion of the diversity of cultural expressions made in Paris on 20 October 2005, at which the French Republic and the Kingdom of Cambodia are parties;
Whereas the common intention of the Parties to strengthen cooperation in the field of cinematography between the French Republic and the Kingdom of Cambodia and to enhance their common film heritage;
Whereas it is necessary to update the legal framework for their cooperation film and taking into account rules of the film industry in force in the French Republic and the Kingdom of Cambodia;
Have agreed the following: i. − co-production Article 1 for the purposes of this agreement: 1. "cinematographic work" shall mean cinematographic works of any length and on all media regardless of the genre (fiction, animation, documentary) in accordance with the legislative and regulatory provisions of each of both Parties and which the broadcast first takes place in film theatres.
2 "co-production" refers to the measures taken by co-producers for the realization of a cinematographic work such as defined in the first paragraph of this article.
3. the term "competent authority" means: a. for the French Republic: the national Centre of cinema and the image animated;
(b) for the Kingdom of Cambodia: the Ministry of culture and fine arts;
Article 2 1. Films made in co-production under this agreement are considered national cinematographic works in accordance with the legislation in force in the territory of the State of each of the Parties.
2. the cinematographic co-production works carried out under this agreement have access, in full right, on the territory of the State of each of the Parties, the benefits resulting from the provisions relating to the film industry in force. The competent authority of each Party shall communicate to the competent authority of the other party the list of texts relating to these benefits. Insofar as legislation relating to these benefits come to be modified, in any way whatsoever by one or other of the Parties, 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 granted only to the co-producer established in the territory of the State of the part that gives them.
4. the applications for co-production status must comply with the procedures provided for that purpose by the Parties and comply with the conditions set out in the annex to this agreement.
5. the competent authorities of both Parties issue the cinematographic work carried out under this agreement co-production status.
6. the competent authorities of both Parties communicate all information relating to the granting, rejection, modification or withdrawal of admission applications co-production status.
7. prior to reject a request for admission to the status of co-production, the competent authorities of both Parties shall consult.
8. when the competent authorities of both Parties have issued to the cinematographic co-production status, this status may be later cancelled except common decision of the competent authorities.
Article 3 1. To obtain co-production status, cinematographic works must be carried out by co-producers with good technical and financial organization and professional experience.
2. the members of the artistic and technical staff involved in the co-production must have French nationality either Cambodian nationality, be permanent residents in the territory of the French Republic and the Kingdom of Cambodia, or have the nationality of a Member State of the European Union or of a State party to the agreement on the economic area European.
3. the competent authorities of the two Parties may admit, on an exceptional basis, the participation of artistic and technical employees who do not meet the conditions of nationality or residence such as described in paragraph 2 of this article.
4. the shots must be made in studios established on the territories of the States of the co-producers.
5 shots made in natural settings in a territory that would not be the French Republic or the Kingdom of Cambodia may be permitted if required by the scenario of the cinematographic work.
Article 4 1. The proportion of the respective contributions of the co-producers of each party may vary from twenty (20) to eighty (80) percent of the total co-production budget.
2. the competent authorities of both Parties may admit, on an exceptional basis, and after agreement between them, that the amount of the contribution referred to in paragraph 1 may be reduced to ten (10) percent of the total co-production budget.
3. the participation technical and artistic of the co-producers of each party must intervene if possible in the same proportion as its financial contributions.
Article 5 each co-producer is co-holder of the cinematographic work.
Article 6 the Parties facilitate the import and export of equipment for the production of cinematographic works under this agreement. Each Party shall, in accordance with its national rules, to facilitate traffic and stay on the territory of its artistic and technical personnel working in the co-production countries.
Article 7 1. The competent authorities of both Parties examine every two years if a balance is struck between the contributions to works made in co-production.
2. the balance referred to in paragraph 1 of this article must be achieved both with regard to the artistic and technical contributions as financial contributions. This balance is appreciated by the Joint Committee provided for in article 11.
3. to check if the balance is provided, the competent authorities establish a summary of all of the means of support and funding.
4. in the event where an imbalance appears, the Joint Commission examines the means necessary to restore the balance and take all measures that it deems necessary to this effect.
Article 8 generics, trailers, publications and advertising material of the cinematographic work must mention franco-cambodgienne or cambodgiano-French co-production.
Article 9 the distribution of revenues is determined freely by the co-producers, proportionally to their contributions and in accordance with the laws in force in the territory of the Parties.
Article 10 1. The competent authorities of both Parties may accept cinematographic works under this agreement are co-produced with one or several producers in States with which any of the parties are bound by co-production agreements.
2. the competent authorities of both Parties examine the admission of cinematographic works described in clause 1 of this article on a case by case basis.
II. - Cooperation
Article 11 the competent authorities of the two States pay special attention to training for careers in film. They are working together in order to discuss measures to be taken to facilitate the initial and continuous professional training. They encourage the conclusion of agreements or conventions between schools or agencies of initial and in-service training, allowing the movement of their students.
Article 12 1. The competent authorities of both Parties examine ways to encourage the distribution and promoting mutual cinematographic works of each of the two Parties.
2. they recognize the need to promote cultural diversity by facilitating recognition of their reciprocal cinematographies, especially through participation in film festivals or film education programs.
3. the presentation in the festivals of cinematographic works co-produced must be provided by the party to which belongs the majority producer unless different arrangements by the two competent authorities.
Article 13 the competent authorities of both Parties examine the means for 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 film archives of both conservation organizations.
III. - Commission joint Article 15 1. To facilitate the application of this agreement, a joint Commission composed of an equal number of representatives of the competent authorities and experts from each of the two Parties shall be established.
2. the Joint Committee shall meet in principle every two years, alternately in the French Republic and the Kingdom of Cambodia.
3. the Joint Committee may also be convened at the request of one of the competent authorities, especially in the case of changes in national legislation concerning cinematography or in the case where the operation of the agreement meets in its application of the gravity of a particular difficulties, especially in the case of imbalance referred to in article 7.
IV. provisions − finals Article 16 1. This agreement comes into force 30 days after the date of receipt of the last notification through diplomatic channels by which the Parties inform each other on the accomplishment of the internal procedures necessary for the entry into force of the agreement.
2. any dispute relating to the interpretation and application of this agreement is resolved through diplomatic negotiation between the Parties.
3. the present agreement is concluded for an indefinite period. Each of the Parties may denounce this agreement, at any time, by written notice via diplomatic channels. In this case, the agreement ceases to be valid within a period of 6 months after the date of receipt of the notification. The denunciation of the agreement does not affect the rights and obligations of the Parties related to the projects under this agreement, unless otherwise agreed by the Parties.
Made in Siem Reap, on 4 December 2013, in two copies, each in English and Cambodian, the two texts being equally authentic.
For the Government of the French Republic: Aurélie Filppetti Minister of culture and communication for the Government of the Kingdom of Cambodia: Sackona Phoeurng Minister of culture and fine arts annex annex APPLICATION PROCEDURE to obtain co-production status, the co-producers of each of the two Parties must attach to their application of ad-mission, before the beginning of shooting , to the competent authority, a folder containing:-a copy of the contracts showing the complete chain of copyright;
-the final version of the script;
-information on the technical and artistic of the co-producers inputs;
-the detailed work plan
-a quote and a financing plan detailed;
-the co-production contract signed.
The competent authority of the party to minority participation gives approval only after having received the opinion of the competent authority of the party to majority ownership.
Did September 11, 2014.
François Hollande, the President of the Republic: the Prime Minister, Manuel Valls the Minister of Foreign Affairs and international development, Laurent Fabius (1) this agreement entered into force on 17 July 2014.