The amount of the additional cost incurred by the interruption, postponement or abandonment referred to in article 913-5, borne by the delegated production company, is determined by the expert appointed by the production company in the form referred to in article 913-2, by reference, as appropriate, to the expenses covered by the insurance contract taken out for the work concerned either under the guarantee relating to the unavailability of persons, or under the guarantee relating to the abandonment of filming.
In the event of abandonment of filming, the amount of the additional cost is understood to be the amount of the expenses incurred up to the premature and definitive cessation of filming, less recoverable expenses and the value of the tangible and intangible elements of the unfinished work.
Remuneration paid to performers and salaries paid to directorial and production staff are taken into account within the limits of the minimum remuneration set for each of them by the collective agreements concluded between the employees’ and employers’ organisations in the profession.
Overheads, financial costs, tax charges and penalties for late delivery or non-delivery are excluded when determining the additional cost.
The same expense or expenses relating to the same contract may not give rise simultaneously to the allocation of aid from the compensation fund and the benefit of a support measure linked to the covid-19 epidemic put in place by the State or to the assumption of costs by the insurance company, except where this assumption of costs exceeds the ceilings mentioned in article 913-7.
The maximum length of interruption or postponement of filming taken into account to determine the additional cost is set at five calendar weeks, consecutive or otherwise, regardless of the number of days of filming scheduled for each week. Exceptionally, by decision of the President of the Centre national du cinéma et de l’image animée, this maximum duration may be extended upon a reasoned request from the production company justifying the need to have maintained the interruption in filming or to have had to postpone it further, due to the proven impossibility of resuming or starting filming under the artistic and technical conditions initially planned, resulting in particular from the prolonged unavailability of a person essential to the filming in the case mentioned in a of 1° of article 913-5 or from the impossibility of using specific and irreplaceable natural or historical sets required by the script or the shots already taken.
From 1st April 2021, for works covered by a of 2° of article 913-4, the amount of additional costs taken into account to determine the aid may also include the expenses incurred by the delegated production company on the territory of another Member State of the European Union, due to the interruption, postponement or abandonment of filming on this territory, under the same conditions and within the same limits as those set out in this article. The benefit of the provisions of this paragraph is subject to authorisation from the President of the Centre national du cinéma et de l’image animée, upon a reasoned request from the delegated production company justifying the health situation in the Member State of the European Union on whose territory filming is taking place, as well as the measures put in place by the local authorities at the filming location to deal with the covid-19 epidemic, which must be comparable in nature and effect to those applicable on French territory.
For works covered by b of 2° of article 913-4, the amount of the additional cost taken into account to determine the aid also includes the expenses incurred, due to the interruption, postponement or abandonment of filming on national territory, by the co-producer established in the State concerned by the agreement which has set up an aid fund similar to the compensation fund, under the same conditions and within the same limits as those provided for in this article. The minimum remuneration provided for in the third paragraph is that provided for by the collective agreements concluded in France. The provisions of the fifth paragraph also apply when the co-producer benefits from a support measure linked to the covid-19 epidemic set up by the State concerned by the agreement which has set up an aid fund similar to the compensation fund.