Book III: General provisions

The committee provided for in Article L. 311-5 sits either in plenary session or in one of two specialised panels, the first for phonograms and the second for videograms. Each of these panels is chaired by the chairman of the commission and comprises half representatives of the beneficiaries of the right to remuneration, a quarter representatives of manufacturers or importers or persons making intra-Community acquisitions of media and a quarter…

The State representative, chairman of the commission, is appointed by joint order of the ministers responsible for culture, industry and consumer affairs, from among the members of the Conseil d’Etat, the Cour de cassation or the Cour des comptes. The commission also includes twenty-four members representing the categories mentioned in the first paragraph of Article L. 311-5. The organisations called upon to appoint the members of the commission and the…

The chairman and members of the committee are appointed for three years. Vacancies occurring during the term of office shall be filled by appointment for the remainder of the term.

The committee and its specialist bodies meet when convened by the chairman and on the agenda he has set. Meetings are convened as of right when requested, on a specific agenda, either by the minister responsible for culture or by one third of the members of the committee.

The Commission and its specialised committees shall not deliberate validly unless three quarters of their members are present or duly represented. Where this quorum is not reached, the Commission shall be reconvened within eight days; it may then deliberate regardless of the number of members present.

Committee members are bound by an obligation of discretion with regard to documents and information of which they have been made aware. Any member who has failed to attend three consecutive meetings of the committee without good reason will be declared to have resigned by the chairman. The members of the committee are bound by an obligation of discretion with regard to documents and information of which they have been…

The secretariat of the commission is provided by the services of the minister responsible for culture. The meetings of the commission are not public. However, the committee may hear any person it deems useful. The committee shall draw up its own rules of procedure. The committee’s decisions shall be published in the Official Journal of the French Republic by the minister responsible for culture.

The minutes of the commission’s meetings include: – a list of the members present; – a summary of the proceedings mentioning the positions expressed by the members, including the remuneration proposals submitted to a vote by the commission and the elements used to calculate said remuneration; – a record of the binding deliberations. The minutes are approved by the commission by a majority of the members present. They are published…