- Cultural Provisions in the EPA
- Significance of the Cultural Provisions
- What Happened since 2009
- Some Concerns
- Where do we go from here
- Cultural and creative industries are among the fastest growing sectors in the world and accounts for 6.1% of the global economy
- For Caribbean economies, these industries are essential for inclusive economic growth, reducing inequalities and achieving the 2030 Sustainable Development Goals (SDGs)
The cultural provisions in the CARIFORUM-EU EPA can be divided into two separate categories:
- Market access provisions for entertainment services, enabling CARIFORUM artists and cultural professionals to have access to markets in 26 European states to provide services – Commercial activities.
- Cultural cooperation provisions, embodied in the Protocol on Cultural Cooperation which sets the framework for cooperation to facilitate exchanges of cultural activities, goods and services, including inter alia, in the audiovisual sector – Non-commercial activities.
- Market Access
- The market access commitments sought to:
- Create new openings for Caribbean service providers in the EU
- Give Caribbean companies more legal certainty when entering the European market.
- Make more transparent the conditions for doing business in the EU and the requirements to compete with local entertainment service suppliers.
- Increase the possibility for CARIFORUM entertainment businesses to set up an agency to provide entertainment services in the EU and increase the temporary presence of Caribbean natural persons for business purpose in the EU
2. Cultural Cooperation
- These provisions are embodied in the Protocol on Cultural Cooperation (PCC) which aims to improve the trade of cultural goods and services and redress the structural imbalances and asymmetrical patterns which exist.
- Enables artists and other cultural practitioners to enter the EU to collaborate on projects, get training, learn new techniques, engage in production, etc. for up to 90 days in any 12-mth period.
- It provides for bilateral cooperation on all cultural fronts and with special provisions on the audiovisual sector requiring co-production treaties.
- It facilitates those who are not in commercial transactions but who wish to enter Europe for other cultural activities
- The Protocol puts Article 16 of the UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions into practice – this Article gives developing countries preferential
Significance of the Cultural provisions
- It is the first time that the EU and its Member States made significant market access commitments for the provision of entertainment services by professionals of third countries in the EU.
- The provisions related to temporary movement, many going far beyond the EU’s GATS commitments, were
a key achievement for the CARIFORUM side during the negotiation
Prepared by Rosalea Hamilton Founding Director, Institute of Law & Economics Jamaica.