Source: EURLEX
Language: en
Format: md

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

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# 92002E0861

**WRITTEN QUESTION P-0861/02 by Lord Inglewood (PPE-DE) to the Commission. European art market.** 
  
*Official Journal 052 E , 06/03/2003 P. 0021 - 0022*

  

WRITTEN QUESTION P-0861/02

by Lord Inglewood (PPE-DE) to the Commission

(20 March 2002)

Subject: European art market

What steps, if any, is the European Commission proposing to take in response to the recent report commissioned by the European Fine Art Federation which shows that the European art market is losing out to the United States?

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2002)

The question asked by the Honourable Member concerns the report The European Art Market in 2002, commissioned by the European Fine Art Foundation (TEFAF).

According to TEFAF, this survey reveals among other positive contributions made by the art market a worrying decline in Europe's share of the global market since 1998, which has fallen by 7,2 % in favour of the United States. This decline, according to the report, can be attributed among other things also to the harmonisation of the resale right (Droit de Suite) at Community level.

The above report was commissioned by TEFAF with the support of other European organisations representing some of the economic operators in the art market. Therefore, the economic and regulatory analysis carried out in the report reflects a partial vision of the European Art Market, notably that of art trade organisations like TEFAF.

With regard to the allegedly negative effects of the harmonisation of the resale right, the Commission wishes to recall that the Resale Right Directive(1) is not yet in force and will not be until 1 January 2006. In fact, the Directive has not yet brought about any change in the Member States. Furthermore, the Directive provides for appropriate mechanisms aimed at preventing the displacement of sales of modern art particularly in the highest price brackets outside the Community. Therefore, the claim that the Resale Right Directive should be considered responsible for a 7,2 % drop in the European Art Market has no basis, even less so if one considers that already nine Member States apply the resale right in practice.

Moreover, resale rights already apply in more than sixty countries world-wide. With a view to meeting any perceived concerns regarding potential disadvantages for the European art market, the Commission is committed under the Directive to seeking to further extend the application of resale rights at international level.

Finally, in a report published on 28 April 1999 on the impact of Directive 94/5/EC(2), the competitiveness of the Community art market compared to third countries' art markets, the Commission found that the adoption of this Directive had not had a significant impact on the Community art market and even that the art market had boomed since the introduction of VAT on imports.

(1) Directive 2001/84/EC of the Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, OJ L 272, 13.10.2001.

(2) Council Directive 94/5/EC of 14 February 1994 supplementing the common system of value added tax and amending Directive 77/388/EEC Special arrangements applicable to second-hand goods, works of art, collectors' items and antiques, OJ L 60, 3.3.1994.

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