Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

*|*

# 92001E0258

**WRITTEN QUESTION E-0258/01 by Lord Inglewood (PPE-DE) to the Commission. Right of Resale.** 
  
*Official Journal 318 E , 13/11/2001 P. 0029 - 0030*

  

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 standard level of protection 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 the market in modern and contemporary works of art within the European Community.

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.

The same Article stipulates that the Commission is to submit within a given period all proposals it may deem necessary in order to enhance the effectiveness of this Directive. 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.

[Top](#document1)