ENTERTAINMENT SERVICES UNDER THE ECONOMIC PARTNERSHIP AGREEMENT (EPA)
The Economic Partnership Agreement (EPA) signed between CARIFORUM (the Caribbean Community and the Dominican Republic) and the European Community (EC) came into effect on January 1, 2008. Among other things, the Agreement covers issues such as market access for trade in goods, services and investment as well as other areas such as intellectual property rights, ecommerce, innova-tion and development cooperation.
These Questions and Answers are designed to an-swer your questions about providing entertainment services to European Community countries using the provisions of the CARIFORUM/EC Economic Partnership Agreement.
Q: What types of entertainment services can Vincentian interests invest in or own in the EU?
A: Under the CARIFORUM/EC Economic Partner-ship Agreement, Vincentian companies may invest in or establish a legal entity in the EU in the entertain-ment services sector. The areas that are allowed for Vincentian investment are theater, live bands and circus and discotheque services. NOT allowed in this category, however, are audio-visual services.
Q: Other than the restriction on the provi-sion of audio-visual services, are there any other restrictions on Vincentian firms in the entertainment services field doing business in the EU?
Cyprus, Czech Republic, Finland, Malta, Po-land, Romania, Slovenia & Slovakia: There is no commitment to permit the supply of these ser-vices.
Latvia: There is no commitment to permit the supply of these services via this form of supply ex-cept for cinema theater operation services.
Estonia: There is no commitment to permit the supply of these services via this form of supply for other entertainment services except for cinema theater services.
Bulgaria: There is no commitment to permit the supply of these services via this form of supply ex-cept for theatrical producer, vocal group, band and orchestra entertainment services, services provided by authors, composers, sculptors, entertainers and other individual artists and ancillary theatrical ser-vices.
Q: What about the staff of entertainment services entities? Provided that the proper permissions are granted in the EU country, what members of staff are allowed to live and work in the country from SVG?
A: Key personnel, those considered to be manag-ers and specialists from the SVG entertainment services firm, may live and work for up to three years, subject to the normal visa and immigration requirements. Those senior staff whose responsibil-ity is limited to setting up the entertainment ser-vices business are allowed to be in the EC for 90 days during any 12- month period, and graduate trainees for up to one year – once again – subscrib-ing to normal visa and immigration requirements. Note, however, that the one exception in the EU is in France where the necessary authorization for the access to management functions is subject to a con-dition of nationality when the authorisation for more than two years is required.
Q: If an entertainment services firm wishes to enter an EU country to fulfill a contract and not necessarily to invest or open an office, what are the allowances under the EPA?
Vincentian entertainment services providers with a contract for services in EC Member States may go to those countries to provide their services; how-ever, there are some restrictions. A Vincentian wishing to provide these services must not be working on a contract that exceeds 12 months, and must have been an employee of the business for at least one year before the application for entry and have at least three years professional experience in their field.
The Vincentian is also not allowed to collect remu-neration other than what is paid by the Vincentian company for the contract during their stay, and may not stay for more than six months cumulative-ly – or for the duration of the contract if that is less. Only the number of people from the Vincentian company necessary to fulfill the contract will be al-lowed and they may not conduct any other business while in the Member State.
In addition to those general conditions throughout the EU, there are some country- specific conditions:
Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Hungary, Ireland, Italy, Lithuania, Lat-via, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Sweden & United Kingdom: Qualification may be required. Economic needs test will be applied.
Austria: Advanced qualification may be required. Eco-nomic needs tests will be applied.
Slovenia: The duration of stay for Vincentian supply-ing their services is limited to 7 days per event. For circus and amusement park services, the duration of stay is limited to a maximum of 30 days per calendar year.
Belgium: There is no commitment to permit the sup-ply of these services via this form of supply.
Q: Our entertainment services firm is able to provide services to a client in the EU without actually travelling there to live or work. Are there provisions in the EPA for that type of ac-tivity?
A: Yes, there are. However, under the EPA, the fol-lowing countries have made no commitment to permit the supply of entertainment services through this form:
Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Hungary, Ireland, Italy, Lithuania, Lat-via, Malta, Netherlands, Poland, Portugal, Ro-mania, Slovakia, Sweden & United Kingdom: Qualification may be required. Economic needs test will be applied.
Austria: Advanced qualification may be required. Eco-nomic needs tests will be applied.
Slovenia: The duration of stay for Vincentians supply-ing their services is limited to 7 days per event. For circus and amusement park services, the duration of stay is limited to a maximum of 30 days per calendar year.
Belgium: There is no commitment to permit the sup-ply of these services via this form of supply.
