Subsection 2: Programming commitments

The following are subject to approval by the President of the Centre national du cinéma et de l’image animée: 1° Programming commitments signed with a view to their approval by programming groups and agreements; 2° Programming commitments that operators of cinemas mentioned in II of article L. 212-24: a) For all establishments with at least six cinemas; b) For their other establishments which together account for at least 25% of…

In order to be approved, programming commitments must contribute to: 1° Encouraging the exhibition and promotion of European cinematographic works and cinematographic works that are not widely distributed, in particular by reserving them a significant share of cinemas; 2° Guaranteeing pluralism in the cinematographic distribution sector, in particular by encouraging the maintenance of a diversified network of distribution companies and the broadcasting of arthouse cinematographic works; 3° Guarantee the diversity…

When approving programming commitments, the Chairman of the Centre national du cinéma et de l’image animée will take into account the subscriber’s position in the catchment area(s) in which it operates, in particular where the subscriber has a dominant position within the meaning of Article L. 420-2 of the French Commercial Code.

Proposals for programming commitments under 1° of Article R. 212-30 are attached to the application for approval. Proposals for programming commitments under 2° of article R. 212-30 are sent by each cinema operator on the list provided for in the last paragraph of the same article within two months of the notification provided for in article R. 212-30.

The Chairman of the Centre national du cinéma et de l’image animée consults the Film Ombudsman on proposed programming commitments. The Chairman of the Centre national du cinéma et de l’image animée will inform the subscriber of the Film Ombudsman’s observations.

Silence kept by the President of the Centre national du cinéma et de l’image animée for more than three months from receipt of the application for approval containing the programming commitments mentioned in 3° of article R. 212-22 or the proposed programming commitments provided for in the second paragraph of article R. 212-33 is equivalent to an acceptance decision.

When the operator of a cinema within the scope of 2° of article R. 212-30 has not sent its proposals within two months of notification or where these proposals do not comply with the objectives listed in Article R. 212-31, the Chairman of the Centre national du cinéma et de l’image animée will give the applicant formal notice to submit proposed programming commitments within one month. If, on expiry of…

Approval is granted by the President of the Centre national du cinéma et de l’image animée for a period of not less than one year and not more than three years.

To examine the implementation of the programming commitments mentioned in 1° and 2° of article L. 212-23, the Chairman of the Centre national du cinéma et de l’image animée refers the matter to the Film Ombudsman each year. The Film Ombudsman may hear any person he deems appropriate to consult. He may also obtain from the Chairman of the Centre national du cinéma et de l’image animée and from operators…