Section 5 : Groupings, agreements and commitments and commitments

The creation of a programming group or agreement intended to ensure the programming of cinematographic works in cinematographic entertainment establishments is subject to prior approval by the President of the Centre national du cinéma et de l’image animée. Approval may only be granted to groups or agreements that do not hinder free competition. Approval may not be granted to programming groups or agreements involving two or more operators of cinemas…

The granting of the approval provided for in article L. 212-19 is subject to the approval by the President of the Centre national du cinéma et de l’image animée of the programming commitments mentioned in 1° of article L. 212-23.

Any cinema that is a member of a programming group or agreement is bound to this group or agreement by a programming contract. This contract must provide for the payment by the establishment to the group or to the lead company of the agreement, in return for the services provided, of a programming fee that takes into account the resources of the establishment and the services provided to it.

The purpose of film programming commitments is to ensure the diversity of film offerings and the widest possible distribution of cinematographic works in the public interest.

For the purposes of this section, the following are cinema programming commitments 1° Commitments made by the programming groups or agreements mentioned in article L. 212-19 and approved by the President of the Centre national du cinéma et de l’image animée ; 2° The commitments made by the operators of cinematographic establishments who directly and solely ensure the programming of the cinematographic establishments of which they own the business, and…

I.-The approval provided for in 1° and 2° of article L. 212-23 is issued by the President of the Centre national du cinéma et de l’image animée on the basis of the compliance of programming commitments with the purpose defined in article L. 212-22. Account is taken of the subscriber’s position in the catchment area(s) in which it operates. Programming commitments approved by the President of the Centre national du…

The implementation of the programming commitments mentioned in 1° and 2° of article L. 212-23 is examined by the Film Ombudsman under the conditions set out in article L. 213-5. The Chairman of the Centre national du cinéma et de l’image animée is responsible for monitoring compliance with the programming commitments mentioned in article L. 212-23.

A decree in the Conseil d’Etat, issued after obtaining the opinion of the Autorité de la concurrence, sets out the terms and conditions for the application of this section. It shall specify in particular: 1° The procedures for issuing and withdrawing approval for programming groups or agreements ; 2° The other obligations of the programming contract concluded between a group and its member undertakings or between the member undertakings of…