WRITTEN QUESTION No. 1883/97 by Amedeo AMADEO to the Commission. Right of resale
10. 2. 98 EN Official Journal of the European Communities C 45/119 Answer given by Mr Monti on behalf of the Commission (10 July 1997) The Commission is aware of the fact that, in its opinion on the proposal for a Directive on the resale right for the benefit of the author of an original work of art (1), the Economic and Social Committee called for collecting societies to play a key role in gathering information on the sale of original works of art. It should be pointed out that the role of collecting societies is already recognized in the proposal for a Directive, Article 6(2) of which permits Member States to provide for the collective management of the resale right. When the amended proposal is drafted, the Commission will examine the suggestion put forward by the Economic and Social Committee. (1) COM(96) 97. (98/C 45/152) WRITTEN QUESTION E-1883/97 by Amedeo Amadeo (NI) to the Commission (2 June 1997) Subject: Right of resale The Economic and Social Committee has issued an opinion on the Proposal for a European Parliament and Council Directive on the resale right for the benefit of the author of an original work of artí (COM(96) 0097 final › 96/0085 COD) (1). The Commissionís proposal for a directive is intended to establish a harmonized legal system for the right of resale. Harmonization of the right of resale within the European Union is the first step towards the general establishment of this right in all the countries of the EEA as well as the CEECs, the Baltic States and the states of the CIS, linked to the European Union by association or partnership and cooperation agreements. Will the Commission do everything possible to extend the right of resale at international level, in international organizations and in multilateral and bilateral negotiations with third countries, in the interests not only of artists but also of those selling works of art? (1) OJ C 178, 21. 6. 1996, p. 16. Answer given by Mr Monti on behalf of the Commission (10 July 1997) As the Commission pointed out in the explanatory memorandum to its proposal for a Directive on the resale right for the benefit of the author of an original work of art, the artist’s resale right is already recognised at international level by Article 14ter of the Berne Convention for the Protection of Literary and Artistic Works (as revised by the 1971 Paris Act), pursuant to which countries of the Berne Union are free to decide whether or not to introduce the right into their domestic law. A large number of non-EU countries already recognise the artist’s resale right. It has always been the Commission’s practice in the past when negotiating agreements with third countries to ensure that the resulting agreements afford a high standard of protection for intellectual property, in accordance with the principles established in the applicable Community legislation. As far as the artist’s resale right is concerned, however, it should be borne in mind that the Commission’s proposal has so far received only the opinion of the Economic and Social Committee and that of Parliament at first reading. It would therefore be premature to include principles ensuring that the artist’s resale right is protected in agreements concluded with third countries or under the auspices of international organisations before such protection is ensured at Community level. Clearly, once the proposal has been adopted, the Commission will begin making the necessary approaches with a view to including protection of the artist’s resale right in such agreements