Impact Study: UNESCO-Aschberg Programme for Artists and Cultural Professionals

This entry barrier has not gone unnoticed and the CARIFORUM States have stressed that nationality and residency requirements under the EU’s professional services commitments (including entertainment services) discriminate against CARIFORUM services suppliers and may nullify the access provided by the temporary entry provisions, and by extension market presence. The First Five-Year Review revealed that very often publicly available information on official websites refer to ‘migration’, ‘employment’ or ‘migrants’ and ‘workers’ without reference to the short-term movement of service suppliers as envisaged in the EPA. The immigration and labour regulations in EU Member States focus on natural persons fromother EUMember States or other countries without providing any specific privileges to CARIFORUM States as a result of the trade- related obligations under the EPA. The administration of visas and all migration-related questions are within the competence of each EUMember State and there are substantial divergences between them and a severe lack of transparency. This has been exacerbated by late ratification procedures which prevented immigration authorities fromprovisionally applying any immigration-related elements, as was the case of Germany which only ratified in 2017. 29 For entertainers, the difficulties encountered could be remedied, should the 2014 European Commission proposal for a special ‘touring visa’, which permits longer stays and circulation in the Schengen area, be adopted 30 . This is particularly relevant to the music industry where there are large numbers of artists and performers that travel for tours and concerts. This measure, however, is becoming increasingly unlikely in the current global security climate. 29. See Joint Statement from the Fourth Meeting of the CARIFORUM-EU EPA Consultative Committee (CC), 3-4 December 2018, Castries, Saint Lucia; also The Music Sector and CARIFORUM-EU Trade Relations , Background Brief for the 3 rd CARIFORUM-European Union Business Forum, April 15-16, 2015. 30. This new type of visa will allow legitimate non-EU nationals entering the Schengen area to circulate for up to 1 year in this zone (without staying in one Member State for more than 90 days in any 180-day period), with the possibility of an extension for up to two years (provided that the applicant does not stay for more than 90 days in any 180-day period in the same Member State). This would for instance, apply to live-performing artists who tour the Schengen area for a prolonged period, but also to individual travellers, such as tourists, researchers and students who wish to spend more time in Europe. For further details see: http://europa.eu/rapid/press-release_IP-14-347_en.htm

A far more serious obstacle than ENTs and qualification requirements is the issue of EU visas and

requirements for artists and cultural professionals

49 Culture in the CARIFORUM-EU EPA