WRITTEN QUESTION E-0258/01 by Lord Inglewood (PPE-DE) to the Commission. Right of Resale.
Date: 2001-02-08
Institutions: European Parliament, Provisional data
Subjects: EU law, approximation of laws, art trade, artist's resale right, single market, tax law

13.11.2001

EN

Official Journal of the European Communities

C 318 E/29

the discrepancies in mirror statistics for intra-Community flows
Scrutiny of the figures shows that
increased substantially from 1993 onwards. Dispatches from the Netherlands to the Belgo-Luxembourg
Economic Union (BLEU) in 1993 and 1994 are indeed higher than the corresponding arrivals declared by
the BLEU. However, the reverse is true from 1995 onwards. The figures also show that arrivals from the
BLEU in France are indeed higher than the equivalent dispatches declared by the BLEU.

3. and 4.
allegations.

The information and data supplied are not adequate to allow the Commission to confirm these

Commission Decision 97/735/EC of 21 October 1997 concerning certain protection measures with
5.
regard to trade in certain types of mammalian animal waste (1) and Commission Decision 2001/9/EC of
29 December 2000 concerning control measures required for the implementation of Council Decision
2000/766/EC concerning certain protection measures with regard to transmissible spongiform encepha-
lopathies and the feeding of animal protein (2) lay down strict control rules to guarantee the traceability of
including meat-and-bone meal, within the Community.
the movements of processed animal proteins,
Commission experts from the Food and Veterinary Office carry out regular on-the-spot checks in all
Member States to verify the correct implementation of Community legislation. Should it appear to the
Commission after establishing the facts that a Member State is not
the
Commission is prepared to take all necessary action within its power in order to secure compliance with
Community law.

fulfilling its obligations,

(1) OJ L 294, 28.10.1997. Decision last amended by Council Decision 1999/534/EC of 19 July 1999 (OJ L 204,

4.8.1999).

(2) OJ L 2, 5.1.2001. Decision last amended by Commission Decision 2001/165/EC of 27 February 2001 (OJ L 58,

28.2.2001).

(2001/C 318 E/030)

WRITTEN QUESTION E-0258/01

by Lord Inglewood (PPE-DE) to the Commission

(8 February 2001)

Subject: Right of Resale

What measures does the Commission intend to take to ensure a (cid:145)standard level of protection(cid:146) for the
purposes of the draft Directive on the Right of Resale to ensure that they are in conformity with the
provisions of Article 5 of the Treaty establishing the European Community in the implementation of the
draft Directive by the Member States, with particular regard to tax treatment?

Answer given by Mr Bolkestein on behalf of the Commission

(3 April 2001)

The Honourable Member is concerned about the possible effects on the internal market of certain aspects
of the resale right left unharmonised under the Proposal for a European Parliament and Council Directive
on the resale right for the benefit of the author of an original work of art (1).

The aim of this proposal is to set up a harmonised legal framework on the right of resale to ensure the
smooth running of
in modern and contemporary works of art within the European
Community.

the market

In order to meet its obligations under Article 5 of the EC Treaty, the Commission has taken care in its
proposal to limit the planned harmonisation to cover simply the disparities in legislation which distort the
running of the internal market, and to prevent the emergence of new disparities which could have the
same effect. In the explanatory memorandum to this proposal, the Commission justifies its choices from
a legal and economic standpoint. The Council took up and expanded this line of reasoning in its Common
Position of 19 June 2000 (2).

In Article 11 of its Common Position, the Council provides for the establishment of a Contact Committee,
in particular, to organise consultations on all questions deriving from the application of this Directive.

C 318 E/30

Official Journal of the European Communities

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13.11.2001

The same Article stipulates that the Commission is to submit within a given period all proposals (cid:145)it may
deem necessary in order to enhance the effectiveness of this Directive(cid:146). This provision therefore makes it
possible to ensure that the Directive is applied correctly and, where necessary, to put forward additional
provisions. Such proposals would not affect the field of taxation insofar as this Directive is intended as
a measure to harmonise intellectual property rights and does not impinge upon the tax regimes of the
Member States.

(1) OJ C 178, 21.6.1996.
(2) OJ C 300, 20.10.2000.

(2001/C 318 E/031)

WRITTEN QUESTION E-0266/01

by Richard Corbett (PSE) to the Commission

(8 February 2001)

Subject: Comitology

Since the entry into force of the amended Council Decision of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (Decision 1999/468/EC) (1):

1. How many instances have there been, under the codecision and other legislative procedures, of new
legislation incorporating each of the types of committee procedure provided for in the Decision?

2. Under

these new procedures, how many implementing measures have been adopted by the

Commission and how many referred to Council under each procedure?

(1) OJ L 184, 17.7.1999, p. 23.

Answer given by Mr Prodi on behalf of the Commission

(4 April 2001)

The Commission would inform the Honourable Member that the data requested are being collected with
a view to drafting the first annual report provided for in Article 7(4) of Council Decision 1999/468/EC of
28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the
Commission.

(2001/C 318 E/032)

WRITTEN QUESTION E-0308/01

by Konstantinos Hatzidakis (PPE-DE) to the Commission

(13 February 2001)

Subject: Desertification threatens Greece

In recent years the speed of desertification of Greece(cid:146)s territory has been accelerating. According to
data from the National Committee to Combat Desertification, 30 % of Greece(cid:146)s territory is at risk of
becoming desert in the immediate future. The problem is particularly serious in eastern regions of Central
and Northern Greece (Thessaly, Macedonia, Thrace), in Southern Greece (the Peloponnese), in the Aegean
islands and in most of Crete.

1. What data does the Commission possess on desertification in Greece?

2. What are the factors which are causing this phenomenon?

3. What are the consequences of the disturbance of the ecological equilibrium by desertification?

Has the Commission been notified by the Greek Government of the steps it intends to take to tackle

4.
the problem of desertification?