Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | DELE | ZIMMERLING Jürgen (PPE-DE) | |
Lead | JURI | PALACIO VALLELERSUNDI Ana (PPE) | |
Lead | JURI | ZIMMERLING Jürgen (PPE-DE) |
Legal Basis EC Treaty (after Amsterdam) EC 095
Activites
- 2001/10/13 Final act published in Official Journal
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2001/09/27
Final act signed
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2001/09/27
End of procedure in Parliament
- #2368
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2001/07/20
Council Meeting
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2001/07/03
Decision by Parliament, 3rd reading
-
T5-0370/2001
summary
The European Parliament approved, by 405 votes to 101 with 32 abstentions, the report by Mr Jürgen ZIMMERLING (EPP-ED, D) on resale rights for the benefit of the author of an original work of art. (Please refer to the previous text).�
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T5-0370/2001
summary
- 2001/07/02 Debate in Parliament
- 2001/06/22 Report tabled for plenary, 3rd reading
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2001/06/06
Joint text approved by Conciliation Committee co-chairs
- 3628/2001
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2001/05/31
Final decision by Conciliation Committee
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2001/04/10
Formal meeting of Conciliation Committee
- #2339
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2001/03/19
Council Meeting
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2000/12/13
Decision by Parliament, 2nd reading
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T5-0560/2000
summary
By adopting the text drafted by Mr Jürgen ZIMMERLING (EPP/ED, D), the European Parliament approved the Council's common position laying down common rules entitling artists to benefit from the re-sale of paintings and other works of art, together with a number of amendments. (Refer to the previous document). In addition, the Parliament points out that the process of internalisation of the Community market in modern and contemporary art makes it advisable to open negotiations with a view to making Article 14 of the Berne Convention binding.�
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T5-0560/2000
summary
- 2000/12/12 Debate in Parliament
- 2000/11/28 Vote in committee, 2nd reading
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2000/09/20
Committee referral announced in Parliament, 2nd reading
- #2276
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2000/06/19
Council Meeting
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07484/1/2000
summary
The Council's common position takes on board the substance of the majority of the amendments proposed by the European Parliament. The Commission accepts all points of the Council's common position, except for the length of the transitional period that some Member States will be allowed to apply resale right to deceased artist's successors in title (Article 8(2)). The Council would stress that that period lasts a maximum of ten years and could be shortened in the circumstances described in Article 8(3). More specifically, the Council has added, deleted or amended a number of recitals, mainly in order to reflect changes made to the articles of the Directive. �
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07484/1/2000
summary
- #2248
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2000/03/16
Council Meeting
- #2210
- 1999/10/28 Council Meeting
- #2163
- 1999/02/25 Council Meeting
-
1998/03/12
Modified legislative proposal published
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COM(1998)0078
summary
The Commission's amended proposal takes into account a number of the European Parliament's amendments. The substantive amendments made to the initial proposal concern: -the exclusion of manuscripts from the original works of art concerned by resale right; -the introduction of a minimum rate (4%) where a national threshold lower than the Community threshold is applied (ECU 1 000); - the extension of the period during which the author or his authorized representative may request the information necessary in order to secure payment under the resale right (three years from the date of the transaction). Other changes relate to the following points: - the unassignable and inalienable nature of the resale right, and the basis of resale right; - the integral inclusion of a recital on the definition of resale right and of a recital calling for the introduction, in a binding manner, of resale rights at international level; - the advantage of harmonizing resale right with a view to ensuring the proper functioning of the internal market; - the transactions giving rise to resale right; - the composition of the sale price bands and the tapering scale of rates; - the term of resale right, in conjunction with Directive 93/98/EEC harmonizing the term of protection of copyright and certain related rights; - the procedures for the revision clause; - the procedures for managing the sums paid. However the Commission did not accept the amendments concerning: -the exemption of the first transfer of ownership between dealers or between a dealer and a final purchaser, provided that the transfer takes place within three years of the acquisition of the work of art by the dealer; - the use, as a basis for calculation, of the difference between the price obtained when the work of art is sold and the purchase price initially paid by the seller (excluding loss-making transactions); - the restriction of entitled parties to the author's legal heirs; - the new price bands and the reduction of the rates applicable to resale right; - the inclusion of glass among original works of art giving rise to resale right; - the limitation to twelve copies maximum of works of art considered to be original; - the procedures for the revision clause (date of the first report and the frequency of subsequent reports). �
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COM(1998)0078
summary
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1997/04/09
Decision by Parliament, 1st reading/single reading
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T4-0147/1997
summary
In adopting the report by Mrs Ana PALACIO VALLELERSUNDI (EPP, Esp), the European Parliament amended the proposal for a directive on the resale right for the benefit of the author of an original work of art. By means of its amendments, Parliament made it clear that the artist's resale right is inalienable and can never be given up, even in advance. It calls for the directive to cover works of art intended to be viewed, such as pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics and photographs, provided that they are original works of art which may under no circumstances be produced in series of more than 12. Parliament deleted manuscripts from the list proposed by the Commission. It also takes the view that it is incumbent on the Member States to fix the minimum threshold above which transfers are subject to the author's resale right; that threshold may not exceed ECU 500. Parliament proposes that the amount of the author's resale right should be determined by taking the difference between the purchase prices paid by the person liable for resale right and the amount invoiced; the purchase price would be the sum obtained after deduction of taxes, restoration costs and other costs not linked to the creation of the work of art. Parliament also fixed the resale right at 3% of the sale price for the band between ECU 50 000 and ECU 100 000 (the Commission went as far as ECU 250 000) and at 1% for sums in excess of ECU 100 000 (the Commission advocated 2% for sums above ECU 250 000). Finally, the Commission is asked to submit by 1 January 2002 at the latest, and every three years thereafter, a detailed report on the implementation of the directive, paying particular attention to its impact on the European market in modern and contemporary art. �
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T4-0147/1997
summary
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1997/04/08
Debate in Parliament
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Debate in Parliament
summary
By admitting that the price rate bands and rates applicable for the calculation of the resale right is one of the most difficult issues to resolve in this proposal, the rapporteur stated that the range of rates set by the Commission do not correspond to market realities; this is why the rapporteur is presenting, among other things, an amendment proposing a reduced rate for sales exceeding ECU 100 000. Commissioner Mario Monti accepted most of the amendments presented by the Legal Affairs Committee, but is decidely against all of the amendments which aim to increase or reduce the level of percentages and amend the price bands proposed concerning resale rights. The Commissioner is also against the proposal favouring a calculation on the basis of added value, as well as the harmonisation of categories of works of art or operations to which resale rights apply, which is contrary to the objectives of the internal market in the field of contemporary artistic creation. Lastly, Mario Monti rejected an amendment aiming to limit the entry into force of the directive to the realisation of a detailed study of the impact on the market of the resale of works of art within the Union, as well as between the Union and third countries, which would not conform with the institutional balance established by the Treaty on the Union. COD960085 08/04/97 DSP EN By admitting that the price rate bands and rates applicable for the calculation of the resale right is one of the most difficult issues to resolve in this proposal, the rapporteur stated that the range of rates set by the Commission do not correspond to market realities; this is why the rapporteur is presenting, among other things, an amendment proposing a reduced rate for sales exceeding ECU 100 000. Commissioner Mario Monti accepted most of the amendments presented by the Legal Affairs Committee, but is decidely against all of the amendments which aim to increase or reduce the level of percentages and amend the price bands proposed concerning resale rights. The Commissioner is also against the proposal favouring a calculation on the basis of added value, as well as the harmonisation of categories of works of art or operations to which resale rights apply, which is contrary to the objectives of the internal market in the field of contemporary artistic creation. Lastly, Mario Monti rejected an amendment aiming to limit the entry into force of the directive to the realisation of a detailed study of the impact on the market of the resale of works of art within the Union, as well as between the Union and third countries, which would not conform with the institutional balance established by the Treaty on the Union. �
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Debate in Parliament
summary
- 1997/01/22 Vote in committee, 1st reading/single reading
- #1929
- 1996/05/28 Council Meeting
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1996/05/08
Committee referral announced in Parliament, 1st reading/single reading
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1996/03/13
Legislative proposal published
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COM(1996)0097
summary
OBJECTIVE: the proposal for a European Parliament and Council directive seeks to establish harmonized legal arrangements governing the resale right for the benefit of the author of an original work of art. SUBSTANCE: the proposal for a directive includes the following provisions: - on the basis of the Berne Convention for the Protection of Literary and Artistic Works, the proposal for a directive determines the subject matter of the right. The Member States provide, for the benefit of the author of an original work of art, an artist's resale right defined as an inalienable right to receive a percentage of the sale price obtained from any resale of the work, with the exception of transactions effected by individuals acting in their private capacity; - definition of an original work of art: manuscripts and works of plastic art (pictures, collages, paintings, drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics and photographs), provided that they are made by the artist himself or are copies considered to be original works of art according to professional usage in the Community; - the resale right is collected when the sale price is equal to or higher than ECU 1000. Member States may fix a national threshold which is lower than the Community threshold; - the royalty collected is set at the following rates: 4% of the sales price for the band between ECU 1000 and ECU 50 000; 3% for the band between ECU 50 000 and ECU 250 000; 2% for sums in excess of ECU 250 000. This royalty is payable by the seller; - the royalty collected is payable to the author of the work and, after his death, to those entitled under him; - entitlement to the resale right is restricted to EU nationals and foreign authors whose countries grant similar protection to Community authors; - the resale right will last until 70 years after the artist's death, in accordance with Directive 93/98/EEC on the protection of copyright; - finally, suitable procedures for the monitoring of transactions will help to ensure the effective enforcement of the resale right; for example, the author or his authorized representative may obtain information from the person liable to pay royalties. The monitoring procedures must apply without prejudice to the provisions governing the protection of private life. �
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COM(1996)0097
summary
Documents
- Legislative proposal published: COM(1996)0097
- Debate in Council: 1929
- Committee report tabled for plenary, 1st reading/single reading: A4-0030/1997
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T4-0147/1997
- Modified legislative proposal published: COM(1998)0078
- Debate in Council: 2163
- Debate in Council: 2210
- Council position published: 07484/1/2000
- Committee recommendation tabled for plenary, 2nd reading: A5-0370/2000
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 2nd reading: T5-0560/2000
- Joint text approved by Conciliation Committee co-chairs: 3628/2001
- Report tabled for plenary, 3rd reading: A5-0235/2001
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 3rd reading: T5-0370/2001
- : Directive 2001/84
- : OJ L 272 13.10.2001, p. 0032
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