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

Article 61 Definitions For the purposes of this Title:

Should the juridical person have only its registered office or central administration in the territory to which the Treaty establishing the European Community applies or in the territory of the Signatory CARIFORUM States respectively, it shall not be considered as a juridical person of the EC Party or of a Signatory CARIFORUM State respectively, unless it engages in substantive business operations 1 in the territory to which the Treaty establishing the European Community applies or of a Signatory CARIFORUM State, respectively; Notwithstanding the preceding paragraph, shipping companies established outside the EC Party or the CARIFORUM States and controlled by nationals of a Member State of the European Union or of a Signatory CARIFORUM State, respectively, shall also be beneficiaries of the provisions of this Agreement, if their vessels are registered in accordance with their respective legislation, in that Member State of the European Union or in a Signatory CARIFORUM State and carry the flag of a Member State of the European Union or of a Signatory CARIFORUM State; (f) an “economic integration agreement” shall mean an agreement substantially liberalising trade in services and investment pursuant to WTO rules. Article 62 Future liberalisation In pursuance of the objectives of this Title, the Parties shall enter into further negotiations on investment and trade in services no later than five years from the

(a) “measure”means any measure by the Parties or by the Signatory CARIFORUM States, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form; (b) “measures adopted or maintained by the Parties or by the Signatory CARIFORUM States”means measures taken by: (i) central, regional or local governments and authorities; and (ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities; (c) “natural person of the EC Party” or “natural person of the Signatory CARIFORUM States” means a national of one of the Member States of the European Union or of the Signatory CARIFORUM States according to their respective legislation; (d) “juridical person”means any legal entity duly constituted or otherwise organised under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association; (e) “juridical person of a Party”means a juridical person of the EC Party or a Signatory CARIFORUM State set up in accordance with the laws of a Member State of the European Union or of a Signatory CARIFORUM State respectively, and having its registered office, its central administration, or its principal place of business in the territory to which the Treaty establishing the European Community applies or in the territory of a Signatory CARIFORUM State, respectively;

1. In line with its notification of the EC Treaty to the WTO (WT/REG39/1), the EC Party understands that the concept of ‘effective and continuous link’with the economy of a Member State enshrined in Article 48 of the EC Treaty is equivalent to the concept of ‘substantive business operations’provided in Article V, paragraph 6, of the GATS, and in this Agreement.

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Culture in the CARIFORUM-EU EPA