S.I. No. 375/2022 - European Communities (Artist's Resale Right) (Amendment) Regulations 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th July, 2022.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive No. 2001/84/EC of the European Parliament and of the Council of 27 September 20011 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Artist’s Resale Right) (Amendment) Regulations 2022.

2. Regulation 8 of the European Communities (Artist’s Resale Right) Regulations 2006 ( S.I. No. 312 of 2006 ) is amended –

(a) in paragraph (2) –

(i) by the deletion of “make every effort to”, and

(ii) by the substitution of “30 days” for “90 days”, and

(b) in paragraph (3), by the substitution of “Circuit Court” for “High Court”.

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GIVEN under my Official Seal,

21 July, 2022.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment..

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The Artist’s Resale Right allows creators of original works of visual and plastic art, through a system of royalty payments, to benefit from resales of those works when they are sold through the professional art market.

These Regulations further amend the European Communities (Artist’s Resale Right) Regulations 2006 and will better support creators of original works of visual and plastic art in claiming resale royalties arising from the resale of works sold through the professional art market.

1 OJ No. L 272, 13.10.01, p.32