No L 60/16 Official Journal of the European Communities 3.3.94 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 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 99 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament ('), Having regard to the opinion of the Economic and Social Committee (%), Whereas, in accordance with Article 32 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (3), the Council is to adopt a Community taxation system to be applied to used goods, works of art, antiques and collectors’ items; Whereas the present situation, in the absence of Community legislation, continues to be marked by the application of very different systems which cause distortion of competition and deflection of trade both internally and between Member States; whereas these differences also include a lack of harmonization in the levying of the own resources of the Community; whereas consequently it is necessary to bring this situation to an end as soon as possible; Whereas the Court of Justice has, in a number of judgments, noted the need to attain a degree of harmonization which allows double taxation in intra-Community trade to be avoided; Whereas it is essential to provide, in specific areas, for transitional measures enabling legislation to be gradually adapted; Whereas, within the internal market, the satisfactory operation of the value added tax mechanisms means that Community rules with the purpose of avoiding double taxation and distortion of competition between taxable persons must be adopted; () OJ No C 323, 27. 12. 1989, p. 120. () O] No C 201, 7. 8. 1989, p. 6. () OJ No L 145, 13. 6. 1977, p. 1. Directive as last amended by Directive 92/111/EEC (O] No L 384, 30. 12. 1992, p. 47). Whereas it is accordingly necessary to amend Directive 77/388/EEC, HAS ADOPTED THIS DIRECTIVE: Article 1 Directive 77/388/EEC is hereby amended as follows: 1. in Article 11 (a) the following paragraph shall be added to Title A: ‘4. By way of derogation from paragraphs 1, 2 and 3, Member States which, on 1 January 1993, did not avail themselves of the option provided for in the third subparagraph of Article 12 (3) (a) may, where they avail themselves of the option provided for in Title B (6), provide that, for the transactions referred to in the second subparagraph of Article 12 (3) (c), the taxable amount shall be equal to a fraction of the amount determined in accordance with paragraphs 1, 2 and 3. That fraction shall be determined in such a way that the value added tax thus due is, in any event, equal to at least 5§ % of the amount determined in accordance with paragraphs 1, 2 and 3.%; (b) the following paragraph shall be added to Title B: ‘6. By way of derogation from paragraphs 1 to 4, Member States which, on 1 January 1993, did not avail themselves of the option provided for in the third subparagraph of Article 12 (3) (a) may provide that for imports of the works of art, collectors’ items and antiques defined in Article 26a (A)(a), (b) and (c), the taxable amount shall be equal to a fraction of the amount determined in accordance with paragraphs 1 to 4, That fraction shall be determined in such a way that the value added tax thus due on the import is, in any event, equal to at least 5% of the amount determined in accordance with paragraphs 1 to 4.%; 2. in Article 12: (a) paragraph 3 (c).shall be replaced by the following;: ‘(c) Member States may provide that the reduced rate, or one of the reduced rates, which they