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Caribbean intellectual property throughout Europe and the temporary
presence of 'artists' in Europe for business purposes.
In the general area of entertainment services, all 27 European Union
states - some limitations apply in two member countries - will allow individual
artists in music, dance, theatre, visual arts, as well as sculptors, authors,
poets and others, unlimited entry for periods of up to 90 days for professional
purposes, without requiring a formal qualification.
This arrangement offers those in the creative sector the same basis for
entry as Caribbean business professionals.
Caribbean artistes, musicians, and other cultural practitioners and their
crews who are registered as businesses will also be able to send their
members or employees under the same conditions to supply entertainment
services.
Protocol
Beyond this, the protocol on cultural cooperation allows the same groups
of artistes as well as those involved with film and television, but who
are not selling their services, the right to enter Europe for 90 days
to train, make contact or collaborate with their EU counterparts in areas
that range from carnival design to dance.
As with all else in the EPA, these commitments will be covered by dispute
settlement provisions.
This means, in practical terms, that if those in the creative sector
find that officials in EU states renege on their commitments, or make
entry too difficult, this can be challenged.
Special arrangements apply in the cases of audio-visual services such
as film or television.
A separate article in the protocol provides for greater cooperation between
European Union and Cariforum producers, and envisages co-produced audio-visual
products and services involving joint creative teams.
Under the EPA, these will qualify as European works and, thus, meet the
cultural content rules in all EU states, including France.
Importantly, the EPA notes that when co-production treaties are completed
between individual EU states and Caribbean states, it will make it possible
for Caribbean audio-visual producers to access funding for creative projects.
The protocol also addresses encouraging the inter-operability of audio-visual
technologies.
It holds out the possibility of the digitisation of audio-visual archives
in Cariforum states; offers to support the promotion of the region as
a location for shooting EU films and television programmes; and makes
provision for the temporary importation of related equipment.
Increased Contact
It also suggests that both sides will endeavour to encourage increased
contact between those involved in the performing arts such as theatre,
as well as the facilitation of published and translated material and exchanges
of expertise on historic monuments.
Previous EU trade agreements had almost nothing on cultural cooperation,
a sector in which the Caribbean is globally competitive.
This level of market access is a first for any trade agreement signed
by any nation or group of nations with the EU and offers significant commercial
opportunity.
It is now up to those in the creative sector to explore, through Cariforum,
their governments and with those who negotiated the agreement, how to
take advantage of the opportunities that will soon be on offer.
david.jessop@caribbean-council.org
The Financial Gleaner
The Financial Gleaner
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