Dáil Éireann díospóireacht -
Tuesday, 13 Jun 2000

Vol. 521 No. 1

Written Answers. - Internal Market Council.

David Stanton

Ceist:

73 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will give details of the compromise package agreement reached by the Internal Market Council at its meeting on 16 March 2000 which will allow a common position on the proposed directive on the resale right for the benefit of the author of an original work of art, entitled droit de suite; the action, if any, required or contemplated by the Government as a result of this agreement; and if she will make a statement on the matter. [16494/00]

David Stanton

Ceist:

101 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment if, further to Parliamentary Question No. 88 of 15 October 1999 the Government has changed its position on artists resale rights and any negotiations or discussions at any internal market council level in the European Union; and if so, the policy now in this regard; and if she will make a statement on the matter. [16716/00]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

I propose to take Questions Nos. 73 and 101 together.

The compromise package would involve a droit de suite levy being charged on second and subsequent sales of works of visual and plastic art conducted through the professional art market. The minimum threshold below which a member state may exempt such sales from the levy would be euro 4,000. Royalty would be payable at the following rates: 4% for the portion of the sale price up to euro 50,000; 3% for the portion of the sale price from euro 50,000.01 to euro 200,000; on 1% for the portion of the sale price from euro 200,000.01 to euro 350,000; 0.5% for the portion of the sale price from euro 350,000.01 to euro 500,000; and 0.25% for the portion of the sale price exceeding euro 500,000.

Member states would also be allowed to apply a rate of 5% in lieu of the 4% rate by way of derogation, should they choose to do so.

Amounts of royalty collected under this scheme would be payable to the authors of the works concerned and, after their deaths, to persons entitled under them. The royalty would be payable to authors who are the nationals of non-EU states where such states extend like protection to EU authors. The artists' resale right is to endure for the life of the author of the work concerned and for 70 years thereafter. However, the proposal would allow member states which do not currently apply an artists' resale right to derogate from the post mortem element of this protection for up to ten years after the compulsory transposition date of the directive. The transposition period would be up to five years from the beginning of the year following that in which the directive is adopted.

My most recent information is that the compromise outlined above, which was endorsed informally at the Internal Market Council of 16 March 2000, will shortly be formally adopted as a common position of the council as an "A", or non-discussion item. It will then be referred to the European Parliament for a second reading. It is hoped that the final directive will become law late in the current year or very early in the year 2001.

In view of recent progress on the directive I now intend writing to my colleague the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera with a view to initiating interdepartmental consultations in the matter as soon as the easing of pressure of work connected with the Copyright and Related Rights Bill, 1999, which is currently before the House, permits.

Ireland now supports the compromise outlined above as the best available basis for agreement between member states on the future development of thedroit de suite in the community as a whole. I should make it absolutely clear that we supported this compromise at the March Internal Market Council, and still support it.