Translation with SYSTRAN Links

Decree n° 2006-1067 of August 25th, 2006 taken for the application of article 80 of the law n° 86-1067 of September 30th, 1986

Publication date: Friday, August 25, 2006


The President of the Republic,

On the report of the Prime Minister, of the Minister for the culture and communication and the Minister of Economy, finances and industry,

Considering its article, General Tax Code in particular 302 (a) KD;

Considering the law n° 86-1067 of the modified September 30th, 1986 relating to the freedom of communication, in particular its articles 29 and 80;

Considering the law n° 2000-321 of the modified April 12th, 2000 relating to the civil rights in their relationships to the administrations, in particular its article 10;

Considering the decree n° 90-437 of May 28th, 1990 which lays down the conditions and the methods of regulation of the expenses caused by displacements of the civilian personnel on the metropolitan territory of France when they are with the load of the national budgets, the national public corporations related to administration and certain subsidized organizations;

Considering the decree n° 97-34 of January 15th, 1997 relating to the devolution of the individual decisions, modified by the decree n° 97-463 of May 9th, 1997 and the decree n° 97-1205 of December 19th, 1997;

Considering the decree n° 97-1200 of the modified December 19th, 1997 taken for the application to the minister in charge for the culture and the communication of the 1° of article 2 of the decree n° 97-34 of January 15th, 1997 relating to the devolution of the individual decisions;

Considering the decree n° 99-1060 of the modified December 16th, 1999 relating to the State grants for investment projects;

The Council of State (section of the interior) heard;

The heard Council of Ministers,

Issue:

Chapter First
Subsidies
 

Article 1
This decree applies to the services of radio operator mentioned in article 80 of the law of September 30th, 1986 referred to above.
For the application of this decree, one understands by:
- “commercial resources coming from messages diffused with the antenna and presenting the character of publicity of brand or sponsorship”: receipts corresponding to the sums invoiced with the advertisers, directly or via a control, for the diffusion of their advertisements or sponsorship to the antenna;
- “total turnover”: products of normal and current exploitation of the service corresponding to the radiophonic activity.
 

Article 2
The financial aid, envisaged in article 80 of the law of September 30th, 1986 referred to above, with the services of sound broadcasting per hertzian way mentioned with the same article understands the subsidies of installation, equipment, exploitation and the selective subsidy with the radiophonic action. The subsidy of exploitation and the selective subsidy with the radiophonic action have the character of subsidy of operation.
 

Article 3
The subsidy of installation is allotted to the holders of a first licensing of a service of radio per hertzian way who make the request within a period of six months of it following the start date of emission fixed by the Superior council of the audio-visual one.
Its amount, which cannot exceed 16,000 euros, is given within sight of a financing plan of the operation and capital expenditures necessary to the launching of the radiophonic activity.
 

Article 4
The subsidy of equipment is allotted to the services of radio per hertzian way in order to contribute to the financing of the radiophonic equipment, 50% at the most of the amount net of tax of this investment and in the limit of 18,000 euros per five years period.
This subsidy can be the object of an initial request and a complementary request, which must intervene within a period of at least two years after the initial application. The complementary request relates to a minimal investment of 8,000 euros.
The subsidy of equipment cannot be less allotted than five years after the granting of a subsidy of installation or a subsidy envisaged to article 14 of this decree.
The initial subsidy and the complementary subsidy make, each one, the object of two payments: the first corresponds to 60% of the granted assistance; the second, who must be solicited within a one year maximum delay as from the date of notification of the first payment, corresponds to the pay of the granted subsidy. The second payment is carried out within sight of the documents in proof of the investments carried out subsequently to the date of notification of the first payment. If the investment carried out is lower than the preliminary draft, the amount of the granted subsidy is revised. If necessary, association is held to carry out the refunding of the over-payment, within a time allowed by the minister in charge for the communication. The defect of transfer within this time involves the suspension of the payment of any subsidy envisaged by this decree.
When a service of radio per hertzian way decides, after the first payment of the initial subsidy was carried out, to withdraw its request for subsidy of equipment, its right to profit from this subsidy is reopened as from the effective transfer of the sum already perceived for this reason.

Article 5
The subsidy of exploitation is given according to a scale fixed by joint decree of the minister in charge for the communication and the minister in charge for the budget, taken after opinion of the commission of the funds of support for the radiophonic expression envisaged in article 15, taking into account the products of normal and current exploitation of the service corresponding to the radiophonic activity, before deduction of the expenses of advertising agency.
The subsidy of exploitation is allotted to the services of radio per hertzian way which make the request of it at the latest on April 15th of the year following that of the end of the financial year.
 

Article 6
The selective subsidy with the radiophonic action is allotted to the services of radio per hertzian way according to:
1° the diversification of their resources;
2° Their education acts professional in favour of their employees and the consolidation of employment within their service;
3° Their cultural activities and educational;
4° the participation in collective actions as regards programs;
5° Their actions in favour of integration and the fight against discriminations;
6° Their actions in favour of the environment and local development;
7° the share of emissions produced by the service considered within the grid of program.
It is given according to a scale fixed by joint decree of the minister in charge for the communication and the minister in charge for the budget, after opinion of the commission envisaged in article 15. The full amount of the selective subsidies to the radiophonic action cannot exceed, each year, 25% of the total of the subsidies of operation.
The selective subsidy is allotted to the services of radio per hertzian way which make the request of it at the latest on April 15th of the year following that of the end of the financial year.
 

Article 7
The requests for subsidy are addressed to the minister in charge for the communication (direction of the development of the media) and are informed by the secretariat of the commission envisaged in article 15.
 

Article 8
The subsidies are allotted by decision of the minister in charge for the communication. The selective subsidy with the radiophonic action is granted on Commission proposal envisaged to article 15.
 

Article 9
The methods of presentation of the requests for assistance and the list of the supporting documents are drawn up by the minister in charge for the communication, after opinion of the commission envisaged in article 15 of this decree.
The applicants justify regularity of their situation taking into consideration tax authority and social security offices as of the other social welfare to which staffs employed belong.
The requests for subsidy of selective exploitation, equipment and are accompanied by the income statement and the assessment of the previous year of the association which publishes the service of radio per hertzian way, established in accordance with the chart of accounts adapted to associations. The regularity of the income statement and assessment and their sincerity are attested by an auditor.

Article 10
In the event of withdrawal of the authorization pursuant to the 4° of article 42-1 or article 42-3 of the law of September 30th, 1986 referred to above or in the event of voluntary suspension of activity, the part of the subsidies of installation and equipment which was not used yet in accordance with its object is restored under the conditions envisaged in articles 12 and 13.
If the service of radio operator recipient of a subsidy exceeds the ceiling of advertising revenues defined in article 80 of the same law during the financial year with the title of which the assistance was granted to him, this one is restored entirely.
 

Article 11
In the event of suspension of the authorization pursuant to the 1° of article 42-1 of the law of September 30th, 1986 referred to above, in the event of withdrawal of the authorization pursuant to the 4° of article 42-1 or article 42-3 of the same law or in the event of voluntary suspension of activity, the subsidy of exploitation and the selective subsidy with the radiophonic action are allotted in proportion to the time of activity of the radio during the year of the withdrawal of the authorization or the discontinuance of business.
 

Article 12
Any service which is in one of the situations envisaged in articles 10 or 11 into formless the minister in charge for the communication within the following times:
- in the event of suspension or of withdrawal of the authorization, or in the event of discontinuance of business, the time is fifteen days;
- in the event of going beyond the ceiling of resources envisaged in article 80 of the law of September 30th, 1986 referred to above, the time expires the last day of the fourth month following the closing date of the financial year.
 

Article 13
Any service which is in one of the situations envisaged in articles 10 or 11, except handing-over or time granted by the minister in charge of the communication, carries out in the two months of the expiry of the periods envisaged article 12 the refunding of the unduly received subsidies.
 

Article 14
The assignee of a contract of hiring-management of a service of radio per hertzian way can profit, throughout this contract, from a subsidy of installation, exclusive of that envisaged in article 3, whose amount, which cannot exceed 16,000 euros, is given within sight of a financing plan of the expenditure necessary to the radiophonic renewal of activity.
 

Chapter II
Commission of the funds of support for the radiophonic expression
 

Article 15
The commission of the funds of support for the local radiophonic expression is made up of eleven regular members and eleven temporary members named for three years per decree of the minister in charge of the communication, at a rate of:
1° a member of the Council of State, Final court of appeal or Revenue court, chair;
2° Four representatives of the State, indicated respectively on a proposal from the ministers in charge for the culture, the communication, integration and the budget;
3° Four representatives of the services of radio per hertzian way mentioned in article 80 of the law of September 30th, 1986 referred to above indicated after consultation of the organizations representative of the services concerned;
4° Two representatives of the indebted advertising agencies of the tax envisaged in article 302 (a) KD of the General Tax Code.
The mandate of the members aimed to the 3° and the 4° is renewable only once.
A representative of the Superior council of audio-visual attends with advisory voice the meetings of the commission.
The direction of the development of the media ensures the secretariat of the commission.
 

Article 16
The commission meets on convocation of its president who fixes the agenda.
The quorum is reached when the half at least of the members composing the commission are present.
The commission decides in the majority of the voices of the attending members. The president has casting vote in the event of equal division of the voices.
The member who, during his mandate, dies, resigns or loses quality with the title of which it was indicated is replaced for the term of the office remaining to run by a person designated under the same conditions.
The Members of the Commission cannot take part in the deliberations when they have a personal interest with the business which is the object. The violation of this rule involves the nullity of the decision taken following this deliberation when it is not established that the participation of the interested members remained without influence on the deliberation.
The Members of the Commission are held with the confidentiality of the deliberations and information of which they are aware at the time of their functions.
 

Article 17
The Members of the Commission who attend with deliberative voice the meetings of the commission profit from the refunding of the stay and travelling expenses under the conditions envisaged with the decree of May 28th, 1990 referred to above.
 

Article 18
The commission can be seized by the minister in charge for the communication of opinion requests or studies on any question interesting the services of radio per hertzian way mentioned in article 80 of the law of September 30th, 1986 referred to above.
 

Article 19
An annual report on the funds of support for the radiophonic expression is submitted to the minister in charge for the communication.
 

Article 20
The expenditure related with financial distribution of aid and the operation costs of the commission envisaged in article 15 are covered by a taking away carried out on the net profit of the tax envisaged in article 302 (a) KD of the General Tax Code under the conditions fixed by joint decree of the minister in charge for the communication and the minister in charge for the budget.
 

Chapter III
Transitional provisions and final
 

Article 21
The 2 of title II of the appendix to the decree of December 19th, 1997 referred to above is supplemented by the following provisions:
“Decree n° 2006-1067 of August 25th, 2006 taken for the application of article 80 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication:
 

Article 22
This decree between in force on February 28th, 2007.
 

Article 23
The decree n° 97-1263 of the bearing December 29th, 1997 application of article 80 of the law n° 86-1067 of September 30th, 1986 relating to the freedom of communication is repealed as from the same date.
 

Article 24
The mandate of the Members of the Commission of the funds of support for the radiophonic expression in progress with the publication date of this decree ends starting from February 28th, 2007.
 

Article 25
This decree is applicable in French Polynesia, in the islands Wallis and Futuna, in New Caledonia, in Mayotte and in the southern and antarctic Lands French.
 

Article 26
The provisions of this decree can be modified by decree in Council of State, except for those appearing in article 21.
 

Article 27
The Prime Minister, the Minister of Economy, of finances and industry, the Minister for the culture and Transport and the Minister for overseas are responsible, each one in what relates to it, of the application of this decree, which will be published in the Journal officiel de la République française.