Section 2: Commission for the Protection of Access to Works

Members of the Commission for the Protection of Access to Works are bound by an obligation of confidentiality with regard to all facts, information and documents of which they are aware in their capacity as such, including those concerning the work or works which are the subject of the proposed operation. This obligation also applies to former members.

The members of the Commission de protection de l’accès aux œuvres are subject to an obligation of impartiality. On taking up their duties, the members of the Commission shall inform the Chairman of: 1° The positions they hold, and those they have held over the previous three years, in a company or corporation controlled, within the meaning of article L. 233-3 of the French Commercial Code, by a company in…

When a member of the Commission for the Protection of Access to Works has been contacted by a person directly or indirectly interested in a transaction submitted for its assessment, with the clear aim of influencing this assessment, he/she shall immediately inform the chairman and the secretariat of the Commission mentioned in Article R. 261-17.

No member of the Commission de protection de l’accès aux œuvres may take part in deliberations relating to a transaction concerning: 1° A company controlled, within the meaning ofarticle L. 233-3 of the French Commercial Code, by a company in which he or she holds or has held a position during the three years preceding the deliberation, or in which he or she holds or has held a position or…

A member of the Commission de protection de l’accès aux œuvres (Commission for the Protection of Access to Works) who has found himself to be in a conflict of interest in connection with a transaction submitted for his assessment shall refrain, throughout his term of office, from any exchange relating to the transaction concerned with the other members of the Commission.

The members of the Commission for the Protection of Access to Works are subject to an obligation of reserve, under which they must refrain from publicly taking a position that could undermine the serenity of the Commission’s work or their ethical obligations, or that could call into question the Commission’s decisions.

Failure to comply with an ethical obligation defined in this sub-section may be grounds for the Minister responsible for culture to declare that the member is permanently prevented from carrying out his duties, after the person concerned has been informed and given the opportunity to present his observations.