European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a Directive of the European Parliament and of the Council on the resale right for the benefit of the author of an original work of art (7484/1/2000 – C5-0422/2000 — 1996/0085(COD))
Date: 2000-12-13
Institutions: European Parliament
Subjects: art trade, copyright, literary and artistic property, sale, work of art

17.8.2001

EN

Official Journal of the European Communities

C 232/173

Wednesday 13 December 2000

10. Resale right ***II

A5-0370/2000

European Parliament legislative resolution on the common position adopted by the Council with a
view to the adoption of a Directive of the European Parliament and of the Council on the resale
right for the benefit of the author of an original work of art (7484/1/2000 + C5-0422/2000 +
1996/0085(COD))

(Codecision procedure: second reading)

The European Parliament,

(cid:17) having regard to the Council common position (7484/1/2000 (cid:17) C5-0422/2000),

(cid:17) having regard to its position at first reading (1) on the Commission proposal to Parliament and the

Council (COM(1996) 97) (2),

(cid:17) having regard to the Commission’s amended proposal (COM(1998) 78) (3),

(cid:17) having regard to Article 251(2) of the EC Treaty,

(cid:17) having regard to Rule 80 of its Rules of Procedure,

(cid:17) having regard to the recommendation for second reading of the Committee on Legal Affairs and the

Internal Market (A5-0370/2000),

1.

2.

Amends the common position as follows;

Instructs its President to forward its position to the Council and Commission.

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 1)
Recital 7

(7)
It is important that the resale right should be applied as widely
as possible at the international level. Negotiations should therefore
be entered into with a view to making Article 14 ‘ter’ of the
Berne Convention compulsory.

(7) The process of internationalisation of the Commu-
nity market in modern and contemporary art, which is
now being speeded up by the effects of the new economy,
in a regulatory context in which few states outside the EU
recognise the resale right, makes it advisable for the Eur-
opean Community, in the external sphere, to open negotia-
tions with a view to making Article 14 ‘ter’of the Berne Con-
vention compulsory.

(Amendment 2)
Recital 7a (new)

(7a) The fact this international market exists, combined
with the lack of a resale right in several Member States
and the current disparity as regards national systems
which recognise that right, make it advisable to lay down
transitional provisions both as regards entry into force
and the substantive regulation of the right, which will pre-
serve the competitiveness of the European market.

(1) OJ C 132, 28.4.1997, p. 88.
(2) OJ C 178, 21.6.1996, p. 16.
(3) OJ C 125, 23.4.1998, p. 8.

C 232/174

Official Journal of the European Communities

EN

17.8.2001

Wednesday 13 December 2000

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 3)
Recital 20

(20) The categories of works of art subject to the resale right
should be harmonised taking into account professional usage in the
Community.

(20) The categories of works of art subject to the resale right
should be harmonised.

(Amendment 4)
Recital 21

(21) The non-application of royalties below the minimum
threshold may help to avoid disproportionately high collection
for the
and administration costs compared with the profit
artist. However, in accordance with the principle of subsidiarity, the
Member States should be allowed to establish national thresholds
lower than the Community threshold, so as to promote the interests
of new artists. Given the small amounts involved, this derogation is
not likely to have a significant effect on the proper functioning of the
internal market.

(21) The non-application of royalties below the minimum
threshold may help to avoid disproportionately high collection
for the
and administration costs compared with the profit
artist.

(Amendment 6)
Article 3

1.
It shall be for the Member States to set a minimum sale price
from which the sales referred to in Article 1 shall be subject to
resale right.

The minimum sale price from which the sales referred to

1.
in Article 1 shall be subject to resale right shall be € 1 000.

This minimum sale price may not under any circumstances

2.
exceed € 4 000.

2. Where the proceeds from the sale are less than this
amount, no resale right shall be available.

(Amendment 8)
Article 6(1)

The royalty provided for under Article 1 shall be payable
1.
to the author of the work and, subject to Article 8(2), after his
death to those entitled under him.

The royalty provided for under Article 1 shall be payable
1.
to the author of the work and, subject to Article 8(2), after his
death to his statutory and testamentary heirs.

(Amendment 9)
Article 6(2)

2. Member States may provide for compulsory or optional
collective management of the royalty provided for under Arti-
cle 1.

2. Member States may provide for compulsory or optional
collective management of the royalty provided for under Arti-
cle 1. Member States shall ensure that national collecting
societies operate in a democratically transparent and effi-
cient manner.

(Amendment 10)
Article 7(2)

2.
The Commission, taking into account information pro-
vided by the Member States, may publish an indicative list, for
information purposes, of those third countries which fulfil the
condition set out in paragraph 1.

2.
The Commission, taking into account information pro-
vided by the Member States, shall publish as soon as possible
an indicative list of those third countries which fulfil the con-
dition set out in paragraph 1. This list shall be updated and
published annually.

17.8.2001

EN

Official Journal of the European Communities

C 232/175

COUNCIL
COMMON POSITION

Wednesday 13 December 2000

AMENDMENTS
BY PARLIAMENT

(Amendment 11)
Article 8(2) and (3)

2.
By way of derogation from paragraph 1, those Member
States which do not apply the resale right on …, shall not be
required, for a period expiring not later than … (*), to apply
the resale right for the benefit of those entitled under the artist
after his death.

2.
By way of derogation from paragraph 1, those Member
States which do not apply the resale right on …, shall not be
required, for a period expiring not later than … (*), to apply
the resale right for the benefit of those entitled under the artist
after his death.

In the event of the successful conclusion, before … (*), of
3.
international negotiations aimed at extending the resale right at
international
level, the Commission shall submit appropriate
proposals.

In the event of the successful conclusion, before … (*), of
3.
international negotiations aimed at extending the resale right at
international
level, the Commission shall submit appropriate
proposals.

(*) Ten years after the date specified in Article 12(1).

(*) Twenty-four months after the date specified in Article 12(1).

(Amendment 12)
Article 9

The Member States shall provide that during a period expiring
three years after the first day of January of the year following the
date on which the resale has taken place, the persons entitled
under Article 6 may require any dealer and commercial agent,
sales director or organiser of public sales to furnish any informa-
tion that may be necessary in order to secure payment of roy-
alties in respect of the sale.

The Member States shall provide that during a period of
three
years, the persons entitled under Article 6 may require any
intermediary, professional working in the art market
such as sales rooms, art galleries and, in general, any dealer
in works of art to furnish any information that may be neces-
sary in order to secure payment of royalties in respect of the
sale.

(Amendment 13)
Article 10

This Directive shall apply in respect of all original works of art
as defined in Article 2 which, on [date referred to in Arti-
cle 12(1)] are still protected by the legislation of the Member
States in the field of the resale right or meet the criteria for protec-
tion under the provisions of this Directive on that date.

This Directive shall apply in respect of all original works of art
as defined in Article 2 which, on [date referred to in Arti-
cle 12(1)] are still protected by the legislation of the Member
States in the field of copyright.

(Amendment 14)
Article 11(1)

1.
The Commission shall submit to the European Parlia-
ment, the Council and the Economic and Social Committee
not later than and every four years thereafter a report on the
implementation and the effect of this Directive, paying particu-
lar attention to the competitiveness of the market in modern
and contemporary art in the Community, especially as regards
the position of the Community in relation to relevant markets
that do not apply the resale right and the fostering of artistic
creativity and the management procedures in the Member
States. It shall examine in particular its impact on the internal
market and the effect of the introduction of the resale right in
those Member States that did not apply the right in national
law prior to the entry into force of this Directive. Where
appropriate, the Commission shall submit proposals for adapt-
ing the minimum threshold and the rates of royalty to take
account of changes in the sector, and any other proposal it
may deem necessary in order to enhance the effectiveness of
this Directive.

1.
The Commission shall submit to the European Parlia-
ment, the Council and the Economic and Social Committee
not later than and every four years thereafter a report on the
implementation and the effect of this Directive, paying particu-
lar attention to the competitiveness of the market in modern
and contemporary art in the Community, especially as regards
the position of the Community in relation to relevant markets
that do not apply the resale right and the fostering of artistic
creativity and the management procedures in the Member
States. It shall examine in particular its impact on the internal
market and the effect of the introduction of the resale right in
those Member States that did not apply the right in national
law prior to the entry into force of this Directive. Where
appropriate, the Commission shall submit proposals for adapt-
ing the minimum threshold and the rates of royalty to take
account of changes in the sector, proposals for an increase
in or the abolition of the maximum amount laid down in
Article 4(1) and any other proposal it may deem necessary in
order to enhance the effectiveness of this Directive.

C 232/176

Official Journal of the European Communities

EN

17.8.2001

Wednesday 13 December 2000

COUNCIL
COMMON POSITION

AMENDMENTS
BY PARLIAMENT

(Amendment 15)
Article 12(1), first paragraph

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 1 January (*). They shall forthwith inform the
Commission thereof.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before 1 January (*). They shall forthwith inform the
Commission thereof.

(*)

Five years from the beginning of the year following that in which
the Directive is adopted.

(*) Twenty-four months from the beginning of the year following

that in which the Directive is adopted.

11. Common strategy on Russia

A5-0363/2000

European Parliament resolution on the implementation of the Common Strategy of the European
Union on Russia (2000/2007(INI))

The European Parliament,

(cid:17) having regard to the Common Strategy of the European Union on Russia adopted by the European

Council at Cologne on 4 June 1999 (1),

(cid:17) having regard to the work programmes of the Finnish, Portuguese and French Council Presidencies,
1999-2000, for the implementation of this strategy, and to the reports on implementation submitted
by the Finnish and Portuguese Presidencies,

(cid:17) having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and

Russia, which entered into force on 1 December 1997,

(cid:17) having regard to the conclusions of the European Councils at Cologne (3-4 June 1999), Helsinki

(10/11 December 1999) and Santa Maria da Feira (19/20 June 2000),

(cid:17) having regard to the Commission communication ‘A Northern Dimension for the Policies of the Eur-
opean Union’ (COM(1998) 589 (cid:17) C4-0067/1999) and to the Action Plan for a Northern Dimension
in external and cross-border policies, endorsed at Feira,

(cid:17) having regard to the conclusions of the General Affairs Council of 10/11 July 2000,

(cid:17) having regard to the Commission proposals to the Biarritz European Council of 13/14 October 2000

to guarantee long-term EU energy independence,

(cid:17) having regard to the joint statements of the EU-Russia summits at Helsinki, on 22 October 1999, and

at Moscow, on 29 May 2000,

(cid:17) having regard to Russia’s Medium-Term Strategy for Development of Relations Between the Russian

Federation and the European Union 2000-2010, presented at the Helsinki EU-Russia summit,

(cid:17) having regard to the Commission evaluation of the TACIS Country Programme in Russia on behalf of
the EC-SCR Evaluation Unit, January 2000, and the Commission evaluation of the TACIS European
Senior Service Network, October 1999,

(cid:17) having regard to the NATO-Russia Founding Act, adopted at Paris on 27 May 1997,

(1) OJ L 157, 24.6.1999, p. 1.