Article 3
Threshold 1. It shall be for the Member States to set a minimum sale price from which the sales referred to in Article 1 shall be subject to resale right. 2. This minimum sale price may not under any circumstances exceed EUR 3000.
Directive 2001/84/EC of the European Parliament and of the… CHAPTER II — PARTICULAR PROVISIONS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Article 4
Rates 1. The royalty provided for in Article 1 shall be set at the following rates: (a) 4 % for the portion of the sale price up to EUR 50000; (b) 3 % for the portion of the sale price from EUR 50000,01 to EUR 200000; (c) 1 % for the portion of the sale price from EUR 200000,01 to EUR 350000; (d) 0,5 % for the portion of the sale price from EUR 350000,01 to EUR 500000; (e) 0,25 % for the portion of the sale price exceeding EUR 500000. However, the total amount of the royalty may not exceed EUR 12500. 2. By way of derogation from paragraph 1, Member States may apply a rate of 5 % for the portion of the sale price referred to in paragraph 1(a). 3. If the minimum sale price set should be lower than EUR 3000, the Member State shall also determine the rate applicable to the portion of the sale price up to EUR 3000; this rate may not be lower than 4 %.
Article 5
Calculation basis The sale prices referred to in Articles 3 and 4 are net of tax.
Article 6
Persons entitled to receive royalties 1. The royalty provided for under Article 1 shall be payable to the author of the work and, subject to Article 8(2), after his death to those entitled under him/her. 2. Member States may provide for compulsory or optional collective management of the royalty provided for under Article 1.
Article 7
Third-country nationals entitled to receive royalties 1. Member States shall provide that authors who are nationals of third countries and, subject to Article 8(2), their successors in title shall enjoy the resale right in accordance with this Directive and the legislation of the Member State concerned only if legislation in the country of which the author or his/her successor in title is a national permits resale right protection in that country for authors from the Member States and their successors in title. 2. On the basis of information provided by the Member States, the Commission shall publish as soon as possible an indicative list of those third countries which fulfil the condition set out in paragraph 1. This list shall be kept up to date. 3. Any Member State may treat authors who are not nationals of a Member State but who have their habitual residence in that Member State in the same way as its own nationals for the purpose of resale right protection.
Article 8
Term of protection of the resale right 1. The term of protection of the resale right shall correspond to that laid down in Article 1 of Directive 93/98/EEC. 2. By way of derogation from paragraph 1, those Member States which do not apply the resale right on (the entry into force date referred to in Article 13), shall not be required, for a period expiring not later than 1 January 2010, to apply the resale right for the benefit of those entitled under the artist after his/her death. 3. A Member State to which paragraph 2 applies may have up to two more years, if necessary to enable the economic operators in that Member State to adapt gradually to the resale right system while maintaining their economic viability, before it is required to apply the resale right for the benefit of those entitled under the artist after his/her death. At least 12 months before the end of the period referred to in paragraph 2, the Member State concerned shall inform the Commission giving its reasons, so that the Commission can give an opinion, after appropriate consultations, within three months following the receipt of such information. If the Member State does not follow the opinion of the Commission, it shall within one month inform the Commission and justify its decision. The notification and justification of the Member State and the opinion of the Commission shall be published in the Official Journal of the European Communities and forwarded to the European Parliament. 4. In the event of the successful conclusion, within the periods referred to in Article 8(2) and (3), of international negotiations aimed at extending the resale right at international level, the Commission shall submit appropriate proposals.
Article 9
Right to obtain information The Member States shall provide that for a period of three years after the resale, the persons entitled under Article 6 may require from any art market professional mentioned in Article 1(2) to furnish any information that may be necessary in order to secure payment of royalties in respect of the resale. CHAPTER III FINAL PROVISIONS
Back to Directive 2001/84/EC of the European Parliament and of the… — full text
Articles on this page are reproduced verbatim from official open data. See the attribution line.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
What to look at next
Directive 2001/84/EC of the European Parliament and of the…, full textChapter navigation and full text, so you can read this section in contextEuropean Union legislationEU Legal Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and yearEuropean Union: what this database coversWhich datasets are here, which official source they come from, and how current they areEuropean Union overview