Source: EURLEX
Language: en
Format: md

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,_

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

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having regard to its position at first reading ( [1] ) on the Commission proposal to Parliament and the
Council (COM(1996) 97) ( [2] ),

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having regard to the Commission’s amended proposal (COM(1998) 78) ( [3] ),

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

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having regard to Rule 80 of its Rules of Procedure,

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having regard to the recommendation for second reading of the Committee on Legal Affairs and the
Internal Market (A5-0370/2000),

1. Amends the common position as follows;

2. 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** negotiations with a view to making Article 14 ‘ter’of the Berne Convention 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
and administration costs compared with the profit for the
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
and administration costs compared with the profit for the
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.

1. **The** minimum sale price from which the sales referred to
in Article 1 shall be subject to resale right **shall be € 1 000** .

2. _This minimum sale price may not under any circumstances_ 2. **Where the proceeds from the sale are less than this**
_exceed € 4 000_ . **amount, no resale right shall be available** .

(Amendment 8)
_Article 6(1)_

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

1. The royalty provided for under Article 1 shall be payable
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 Article 1.

2. Member States may provide for compulsory or optional
collective management of the royalty provided for under Article 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 provided 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 provided by the Member States, **shall** publish **as soon as possible**
an indicative list of those third countries which fulfil the condition 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

**Wednesday 13 December 2000**

COUNCIL

COMMON POSITION

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.

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

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.

3. In the event of the successful conclusion, before … ( [*] ), of
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 information that may be necessary in order to secure payment of royalties 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 necessary 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 Article 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 Article 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 Parliament, 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 particular 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 adapting 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 Parliament, 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 particular 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 adapting 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.

( [*] ) _Five years_ from the beginning of the year following that in which
the Directive is adopted.

**11. Common strategy on Russia**

**A5-0363/2000**

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.

( [*] ) **Twenty-four months** from the beginning of the year following
that in which the Directive is adopted.

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

_The European Parliament,_

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having regard to the Common Strategy of the European Union on Russia adopted by the European
Council at Cologne on 4 June 1999 ( [1] ),

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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,

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having regard to the Partnership and Cooperation Agreement (PCA) between the European Union and
Russia, which entered into force on 1 December 1997,

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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),

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

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having regard to the conclusions of the General Affairs Council of 10/11 July 2000,

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having regard to the Commission proposals to the Biarritz European Council of 13/14 October 2000
to guarantee long-term EU energy independence,

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having regard to the joint statements of the EU-Russia summits at Helsinki, on 22 October 1999, and
at Moscow, on 29 May 2000,

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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,

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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,

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having regard to the NATO-Russia Founding Act, adopted at Paris on 27 May 1997,

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