Failing an agreement reached under the terms of articles L. 212-4 à L. 212-7 either before 4 January 1986, or on the expiry date of the previous agreement, the methods and bases of remuneration for performers are determined, for each sector of activity, by a commission chaired by a magistrate of the judiciary appointed by the first president of the Cour de cassation and composed, in addition, a member of the Conseil d’Etat, appointed by the Vice-President of the Conseil d’Etat, a qualified personality appointed by the Minister responsible for culture and, in equal numbers, representatives of employees’ organisations and representatives of employers’ organisations.
The committee decides by a majority of members present. In the event of a tie, the chairman has the casting vote. The commission shall reach a decision within three months of the expiry of the deadline set in the first paragraph of this article.
Its decision shall be valid for a period of three years, unless the parties concerned agree before that time.