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 agreement between the Government of the French Republic and the Government of the Kingdom of Cambodia on film co-production (a joint annex), signed in Siem Reap on 4 December 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
BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND GOVERNMENT OF THE CARBODY RELATING TO CINEMATOGRAPHIC COPRODUCTION (ENSEMBLE ANNEX), SIGNED TO SIEM REATED 4 DECEMBER 2013
The Government of the French Republic and the Government of the Kingdom of Cambodia, referred to as the Parties;
Considering the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions made in Paris on 20 October 2005, to which the French Republic and the Kingdom of Cambodia are parties;
Considering 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 cinematographic heritage;
Considering the need to update the legal framework for their cinema cooperation and taking into account the rules of the cinema industry in force in the French Republic and in the Kingdom of Cambodia;
The following agreed:
I. Co-production
Article 1
For the purposes of this Agreement:
1. The term "film work" refers to cinematographic works of all durations and on all materials of any kind (fiction, animation, documentary) in accordance with the legislative and regulatory provisions of each of the two Parties and whose primary broadcast takes place in the cinematographic theatres.
2. The term "film co-production" refers to the measures taken by co-producers to carry out a film work as defined in the first paragraph of this article.
3. The term "competent authority" means:
a. For the French Republic: the National Centre for Cinema and Animation;
b. For the Kingdom of Cambodia: the Ministry of Culture and Fine Arts;
Article 2
1. Film works carried out in co-production under this Agreement shall be considered national cinematographic works in accordance with the legislation in force on the territory of the State of each of the two Parties.
2. Co-production cinematographic works carried out under this Agreement shall have full access, in the territory of the State of each Party, to the benefits resulting from the provisions relating to the cinema 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. 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 co-producer established in the territory of the State of the Party granting them.
4. Applications for co-production status must comply with the procedures provided for in this respect by the Parties and be in accordance with the conditions set out in the annex to this Agreement.
5. The competent authorities of the two Parties shall issue the status of co-production under this Agreement to the cinematographic work.
6. The competent authorities of both Parties shall communicate any information relating to the granting, rejection, modification or withdrawal of applications for admission to co-production status.
7. Before rejecting a co-production application, the competent authorities of both Parties must consult.
8. Where the competent authorities of the two Parties have granted the status of co-production to the cinematographic work, the status of co-production shall not be subsequently cancelled unless the competent authorities agree.
Article 3
1. To obtain co-production status, film works must be performed by co-producers with good technical and financial organization and professional experience.
2. Members of the artistic and technical staff participating in the film co-production must be either French nationality, Cambodian nationality, or permanent residents in the territory of the French Republic or the Kingdom of Cambodia, or have the nationality of a Member State of the European Union or a State Party to the Agreement on the European Economic Area.
3. The competent authorities of both Parties may, on an exceptional basis, admit the participation of artistic and technical collaborators who do not meet the conditions of nationality or residence as described in paragraph 2 of this Article.
4. The shootings shall be carried out in studios established in the territories of the co-producing States.
5. The shots made in natural scenery on a territory that would not be the French Republic or the Kingdom of Cambodia can be allowed if the script of the cinematographic work so requires.
Article 4
1. The proportion of the respective contributions of the co-producers of each Party may vary from twenty (20) to eighty (80) per cent of the total co-production budget.
2. The competent authorities of both Parties may, on an exceptional basis, and after agreement between them, admit that the amount of the contribution referred to in paragraph 1 may be reduced to ten (10) per cent of the total co-production budget.
3. The technical and artistic participation of the co-producer(s) of each Party shall, if possible, intervene in the same proportion as its financial contributions.
Article 5
Each co-producer is a co-detaining filmmaker.
Article 6
Parties shall facilitate the import and export of the material necessary for the realization of cinematographic works under this Agreement. Each Party shall, in accordance with its national rules, endeavour to facilitate the movement and stay in its country ' s territory to artistic and technical staff working in film co-production.
Article 7
1. The competent authorities of both Parties shall examine every two years if a balance is ensured between contributions to works carried out in co-production.
2. The balance referred to in paragraph 1 of this article must be achieved both with respect to artistic and technical contributions and financial contributions. This balance is appreciated by the Joint Commission provided for in Article 11.
3. To check if balance is assured, the competent authorities prepare a summary of all means of support and funding.
4. In the case that an imbalance appears, the Mixed Commission examines the means necessary to restore balance and takes all the measures it considers necessary for this purpose.
Article 8
The generics, trailers, publications and advertising material of the cinematographic work must mention the Franco-Cambodia or French-Cambodgiano co-production.
Article 9
The distribution of income is freely determined by co-producers, proportionally to their respective contributions and in accordance with the legislation in force in the territory of the Parties.
Article 10
1. The competent authorities of the two Parties may agree that cinematographic works under this Agreement shall be co-produced with one or more producers of States with which either Party is bound by film co-production agreements.
2. The competent authorities of the two Parties shall examine the admission of cinematographic works described in paragraph 1 of this Article on a case-by-case basis.
II. - Cooperation
Article 11
The competent authorities of the two States give special attention to training in the 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
1. 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.
2. 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.
3. The presentation in co-produced film festivals must be made by the Party to which the majority producer belongs unless the two competent authorities have made different arrangements.
Article 13
The competent authorities of both Parties shall examine the appropriate means 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 facilitate the implementation of this Agreement, a Joint Commission shall be established, consisting of an equal number of representatives of the competent authorities and experts from each of the two Parties.
2. The Joint Commission meets in principle every two years, alternately in the French Republic and the Kingdom of Cambodia.
3. The Joint Commission may also be convened at the request of one of the competent authorities, in particular in the event of a change in national legislation concerning cinematography or in the event that the operation of the Agreement meets in its application of the difficulties of particular gravity, particularly in the event of an imbalance referred to in Article 7.
IV. Final provisions
Article 16
1. This Agreement shall enter into force thirty days after the date of receipt of the last diplomatic notification by which the Parties shall mutually inform themselves of the fulfilment 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 shall be resolved through diplomatic negotiations between the Parties.
3. This Agreement shall be concluded for an indefinite period. 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 6 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.
Done at Siem Reap on 4 December 2013, in two copies, each in French and Cambodian languages, both 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
PAPLICATION PROCEDURE
The co-producers of each of the two Parties shall, in order to obtain co-production status, attach to their request for ad-mission, prior to the commencement of the shooting, to the competent authority, a file containing:
- a copy of the contracts attesting to the complete chain of copyright;
- the final version of the scenario;
- information on the technical and artistic contributions of co-producers;
- the detailed work plan;
- a detailed estimate and funding plan;
- the signed 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
