HL Deb 29 March 1995 vol 562 cc1614-5

2.45 p.m.

Lord Boyd-Carpenter asked Her Majesty's Government:

Whether it is the case that France prohibits the sale by auction of works of art in France outside its state system of Commissaires Priseurs; whether this is contrary to the Treaty of Rome and the practice of other member states of the European Community; and, if so, what action they propose to take to ensure that France complies with its obligations.

The Minister of State, Department of Trade and Industry (Earl Ferrers)

My Lords, in France all sales of works of art must be undertaken by Commissaires Priseurs. That is an unacceptable restriction on the ability of British auction houses to operate in France. The Government have made repeated representations on this matter both to the French authorities and to the European Commission. The European Commission has told us that it will take legal proceedings against the French Government under the treaty.

Lord Boyd-Carpenter

My Lords, I thank my noble friend for that thoroughly satisfactory reply. Is it not quite clear that the French are deliberately breaking their obligations under the Treaty of Rome?

Earl Ferrers

My Lords, first, I am delighted that my Answer was thoroughly satisfactory to my noble friend. That is always an encouragement. I do not know whether it was deliberate action to break the treaty or whether it is a question of the way in which the French operate. Nevertheless, they are breaking the treaty and action is being taken to put that right.

Lord Strabolgi

My Lords, is the noble Earl aware that the long-established French auction system, although it is different from ours, works well and operates throughout the whole of France? Is he also aware that the French authorities are now much more sympathetic to the admission of our own auction houses to the French market despite opposition from the Commissaires Priseurs, but nevertheless a decision will probably have to await the outcome of the French presidential elections?

Earl Ferrers

My Lords, I am grateful to the noble Lord, Lord Strabolgi, for providing the House with that information. I am not too familiar with the auction system which operates in France. However, I am aware that under the Commissaires Priseurs system people must have training and take an exam. They are then individually appointed by the state. That militates against the operation of our auction houses in France. If, as the noble Lord says, there is a feeling in France that our auction houses would be welcomed, that is at least one step forward. I hope that the Commission will prod the French to take a second step forward.

Baroness Rawlings

My Lords, does the Minister agree that we have the finest art auction houses in the world? Although a complaint has been made to the Commission, does the Minister agree that there is a dilemma and perhaps it is up to the French to protest, since many major French sales are being held by our auction houses in Monte Carlo and Geneva?

Earl Ferrers

My Lords, the French can protest as much as they like. I agree with my noble friend that we have the finest auction houses in the world, and they ought to be able to operate fairly and freely within the European Community. At present the French are conducting themselves in a way which is contrary to Article 59; and Article 169 of the treaty deals with breaches of Community law.

Lord Clinton-Davis

My Lords, will the Minister be kind enough to indicate what stage the proceedings initiated by the European Commission have reached and when it is likely that they will reach the European Court of Justice? Can the Minister also indicate whether the Government propose to request the Commission to consider the possibility of devising a system that would protect works of art within the European Union which are rendered vulnerable to purchase by overseas interests, however valuable they may be, or because of their inherent value?

Earl Ferrers

My Lords, the second part of the question is rather far removed from the first part. However, I cannot tell the noble Lord, Lord Clinton-Davis, when the case will come to the European Court of Justice. At present the Commission has said that it is not satisfied with the replies that it has received from the French; an Article 169 letter has been sent to the French. They are then given two months in which to reply. If it is not satisfied, the Commission issues a reasoned opinion and the French either comply with that opinion or the Commission will take them to the European Court.