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Regional News>Services

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

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