Art Resales: Droit De Suite Terms

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asked Her Majesty's Government:What were the terms of the imposition of

droit de suite taxation on art resales in the United Kingdom as agreed by the European Union on 15 March. [HL1624]

The principal features of the agreement on the levy on modern and contemporary art resales are:

(i) royalty rates tapering from 4 per cent to 0.25 per cent;

(ii) a 12,500 euros cap on payments;

(iii) exemption of sales up to 4,000 euros, private sales, and sales where a work has been acquired directly from the artist and sold within three years for not more than 10,000 euros;

(iv) a five-year period for transposition into national law;

(v) for member states which currently do not apply the right, a 10 year derogation in which to apply the right only to the works of living artists;

(vi) an obligation on the Commission to initiate negotiation of an international agreement; and

(vii) a review of the effect of the directive after three years and every four years thereafter, in particular, its effect on the competitiveness of Community art markets in relation to third country markets which do not apply the right.

asked Her Majesty's Government:Whether they voted in favour of the decision by the European Union on 15 March to impose

droit de suite taxation on art resales in the United Kingdom. [HL1625]

The proposal for an EC directive harmonising the droit de suite levy on resales on modern and contemporary art was endorsed unanimously at the Committee of Permanent Representatives. The directive will go forward to Council as an "A" point—i.e. for agreement without discussion. It will then be discussed in the European Parliament, and could be agreed finally before the end of the year.

Volume 611: debated on Monday 27 March 2000