Title XII: Special schemes

Chapter 4: Special arrangements for second-hand goods, works of art, collectors’ items and antiques

Section 1: Definitions

Article 311

1. For the purposes of this Chapter, and without prejudice to other Community provisions, the following definitions shall apply:

1. ‚second-hand goods‘ means movable tangible property that is suitable for further use as it is or after repair, other than works of art, collectors’ items or antiques and other than precious metals or precious stones as defined by the Member States;

2. ‚works of art‘ means the objects listed in Annex IX, Part A;

3. ‚collectors’ items‘ means the objects listed in Annex IX, Part B;

4. ‚antiques‘ means the objects listed in Annex IX, Part C;

5. ‚taxable dealer‘ means any taxable person who, in the course of his economic activity and with a view to resale, purchases, or applies for the purposes of his business, or imports, second-hand goods, works of art, collectors’ items or antiques, whether that taxable person is acting for himself or on behalf of another person pursuant to a contract under which commission is payable on purchase or sale;

6. ‚organiser of a sale by public auction‘ means any taxable person who, in the course of his economic activity, offers goods for sale by public auction with a view to handing them over to the highest bidder;

7. ‚principal of an organiser of a sale by public auction‘ means any person who transmits goods to an organiser of a sale by public auction pursuant to a contract under which commission is payable on a sale.

2. Member States need not regard as works of art the objects listed in points (5), (6) or (7) of Annex IX, Part A.

3. The contract under which commission is payable on a sale, referred to in point (7) of paragraph 1, must provide that the organiser of the sale is to put up the goods for public auction in his own name but on behalf of his principal and that he is to hand over the goods, in his own name but on behalf of his principal, to the highest bidder at the public auction.