Does the EPA allow a Barbadian Market Research or Polling firm to provide those services to EU clients in Europe from Barbados?

Yes.

Economic Partnership Agreement (EPA)

Back to Top

I am an independent Barbadian pollster who would like to offer my services to a client in Europe. Is that allowed under the EPA?

Yes, you are allowed to work in Europe under the following general conditions:

In order to apply for temporary entry, you must be a self-employed pollster (the same criteria apply to Market Researchers) established here in Barbados (or another CARIFORUM territory), and your contract in Europe may not be for a period longer than 12 months.  You are required to have at least six (6) years of experience in the field and must possess a university degree or equivalent qualification, and professional qualifications where required by law.

Your temporary entry will be for no more than six (6) months cumulatively during any 12-month period, or for the length of the contract, whichever is less, (This period is 25 weeks in Luxembourg.) and only the work under the contract is permitted during your stay in Europe.  You will not be permitted to perform any other work.

The following countries impose their own conditions on Independent Market Researchers and Pollsters from Barbados wishing to work in their countries:

Spain, Italy & Poland: An economic needs test will be applied for independent professionals.

Belgium: An economic needs test will be applied.

Austria, Belgium, Czech Republic, Denmark, Greece, Finland, Lithuania, Latvia, Malta, Romania, Slovenia & Slovakia: An economic needs test will be applied.

Latvia & Portugal: There is no commitment to permit the supply of public opinion polling services (CPC 86402).

Hungary: An economic needs test will be applied except for public opinion polling services (CPC 86402), where there is no commitment to permit the supply of these services.

Economic Partnership Agreement (EPA)

Back to Top

What about Market Researchers or Pollsters who are not investing in Europe or opening a business, but want to service a contract there? Are those professionals allowed to travel to Europe on contract?

The simple answer is YES.  However, there are some conditions placed on these Professionals who have a contract in Europe and want to travel there.  Those conditions are:

• The person applying for temporary entry must be supplying a service as an employee of a business, which has obtained a service contract for a period not exceeding 12 months
• The person must have been an employee of the business for 1 year prior to application for entry, and must have at least 3 years professional experience in the field.
• The person applying for temporary entry must have a university degree or equivalent qualification, and professional qualifications where required by law.
• The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less).
• The visa permits only the contracted service activity, no other business activities.
• The number of persons covered by the services contract shall not be larger than necessary to fulfil the contract.

In addition to those general conditions that apply throughout the EC, there are certain conditions imposed in specific countries:

In Cyprus, Germany, Estonia, France, Ireland, Lithuania, Netherlands, Sweden, & the United Kingdom, there is no market access or national treatment restrictions on the provision of these services.

Belgium imposes an economic needs test except for cases when the annual wage for the Professional is above the amount defined by the relevant laws and regulations.

Austria, Belgium, Czech Republic, Denmark, Greece, Finland, Lithuania, Latvia, Malta, Romania, Slovenia, & Slovakia all impose economic needs tests.

Latvia & Portugal have no commitment to permit the supply of Market Research or Public Opinion Polling services.

Hungary applies an economic needs test except for public opinion polling services, where there is no commitment to permit the supply of these services.

Economic Partnership Agreement (EPA)

Back to Top

If a Barbadian Market Research or Opinion Polling service is permitted entry in to the EU for investment or business establishment purposes, what members of staff are allowed to work at the business in the EU?

Key personnel, that is, intra-corporate transferees such as managers and specialists, will be allowed in the EU from Barbados for a period of up to 3 years.

The senior staff from Barbados responsible for establishing a commercial presence in the EU may remain for 90 days in any 12-month period and graduate trainees for one year.

Economic Partnership Agreement (EPA)

Back to Top

Is a Market Research Company based in Barbados allowed to invest or establish a legal entity in the EC?

Under the EPA there are no restrictions on Barbadians in the Market Research and Opinion Polling sector investing in or opening a business in the European Union.

 There are general conditions placed on Barbadian service providers by certain countries in the EU.  Those conditions are:

There are limitations on the acquisition of land and real estate by Barbadian market research firms in Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia.

In Estonia, Finland, Italy, Romania and Sweden there are limitations requiring local citizenship or residency of senior management or Board of Directors.

Poland places conditions on the type of businesses Barbadian real estate services firms may invest in or own.

Bulgaria, France, Finland and Italy all have limitations on the types of investments Barbadians are able to make in the real estate services segment, e.g. a maximum percentage for foreign shareholding or voting rights.

Economic Partnership Agreement (EPA)

Back to Top

As an Independent Barbadian Professional providing dental services, I am about to sign a contract in the EU to provide services there. May I travel to an EC member state to provide my services under the EPA?

Independent Professionals providing medical and dental services who have a contract with the final consumer in EC Member States can travel to these countries to provide services, under the following conditions:

1. When you apply for entry to the EC, you must be a self-employed person established in Barbados and must have obtained a service contract for a period not exceeding 12 months.
2. You must possess at least six years professional experience in the relevant sector.
3. The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less).
4. The visa permits only the contracted service activity, no other business activities.

There are also the following conditions imposed in specific countries:

Economic Partnership Agreement (EPA)

Back to Top

I am in the Medical Services Supply sector and wish to travel to a European country on a regular basis to fulfill a contract that I am about to sign. What provisions are made under the EPA for me to enter Europe under the EPA?

Under the terms as you have described them in your question, you are considered a Contractual Service Supplier under the EPA.  That is, an employee of a Barbadian company that has no commercial presence in the EU, but which has a contract to supply services in the EU.

Generally, the person applying to supply the service from Barbados must be a self-employed person established in Barbados, and must have obtained a service contract for a period of not more than 12 months.

As a Barbadian professional, you must possess at least three years professional experience and have been an employee of your company for one year before you make an application for entry.

You must have a university degree or equivalent qualification and professional qualifications where required by law. The only remuneration you may receive during your European travel is that paid by your employer.

Your temporary entry, once approved, will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less) and the visa will permit the Barbadian to work only on the contracted service activity – no other business activities will be permitted.

The entry opportunity is further governed by the following country-specific conditions:

Economic Partnership Agreement (EPA)

Back to Top

Once granted permission to operate a business in the EU under the terms of the EPA, what types of personnel would be allowed to work at the EU-located business? And how long would they be permitted to live and work in Europe?

Subject, of course, to the normal visa and immigration requirements, the following categories of personnel are allowed for the designated lengths of time:

Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year.

The following chart lists additional conditions that are placed on entry by Barbadians by country:

Economic Partnership Agreement (EPA)

Back to Top

What are the requirements for licensing and qualifications for medical and dental practitioners from Barbados wishing to open practices in the EC?

The EPA sets out a clear requirement for mutual recognition of licensing and qualifications.  In order to provide services in another country, a person’s qualifications or business license needs to be recognised in that country.  The Agreement establishes a process for the private sector, through its relevant professional bodies, to negotiate the terms for mutual recognition of qualifications and licensing requirements.

The Agreement requires the relevant professional bodies to engage in negotiations with their counterparts in the EU.  The professional bodies will then make recommendations to the CARIFORUM-EC Trade and Development Committee, who will finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

Can Barbadian medical practitioners (including those in dentistry) invest in or open a practice in an EC territory under the provisions of the Economic Partnership Agreement between CARIFORUM and the EC (commonly known as the EPA)?

Yes, the EPA allows market access to Barbadian medical and dental practitioners who wish to establish their practices in the EC.

There are a series of general conditions for medical service providers from Barbados in the establishment of businesses in the EC.  They are:

1. Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic and Slovenia all place limitations on the acquisition of land and real estate.
2. Estonia, Finland, Italy, Romania and Sweden have requirements of local citizenship or residency of senior management or Board of Directors.
3. In Poland, there are limitations on the type of business that Barbadian service providers may operate or own.
4.  Bulgaria, France, Finland and Italy place limitations on the type of investment that Barbadian firms may make, e.g. putting a limit on the maximum percentage for foreign shareholding or voting rights, and the EU in general has limitations on the treatment that is extended to branches and agencies.

The market access for doctors and dentists and others who supply medical services in the EC is subject to the following conditions in the following countries:

Austria: Austria has not made a commitment to allow the supply of these services except for dental services and services supplied by psychologists and psychotherapists.

Germany: In Germany, an economic needs test will be applied when medical doctors and dentists are authorized to treat members of public insurance schemes. The main criterion that will be taken into consideration is whether there is a shortage of doctors and dentists in the given region.

In Finland, there is no commitment to permit the supply of these services.

Latvia: There is an economic needs test that will be applied to Barbadian medical service providers wishing to invest in business in Latvia.  The main criterion is whether there is a shortage of doctors and dentists in the given region.

Bulgaria & Lithuania: The supply of service is subject to authorization which is based on an established health services plan, taking into account the population and already existing medical and dental services.

Slovenia: No commitment for social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants; and autopsy.

United Kingdom: Establishment/setting up a commercial presence for doctors under the National Health Service is subject to medical manpower planning.

Economic Partnership Agreement (EPA)

Back to Top

What provisions are made under the EPA for the Independent Midwife, Nurse, Physiotherapist or Paramedical Practitioner from Barbados who wishes to provide services to a European client from Barbados without travelling to the EU?

A Barbadian service provider can supply midwifery, nursing, physiotherapy & paramedical personnel services from Barbados to a European consumer.  These opportunities are subject to conditions in the following European countries:

Finally, there are no restrictions on Barbadian service providers in these sectors wishing to provide services to European clients in Barbados.

Economic Partnership Agreement (EPA)

Back to Top

My question deals with Independent Service Providers from Barbados working in the EU. Does the EPA allow for independent midwives, nurses, physiotherapists or paramedical personnel to enter into contracts and provide services to clients in Europe?

Yes, Independent midwives, nurses, physiotherapists or paramedical personnel who have a contract with a consumer in an EU member state may travel to these states to provide their services, but there are some conditions – both general – and country specific.

Generally, the person applying to supply the service from Barbados must be a self-employed person established in the Barbados, and must have obtained a service contract for a period not more than 12 months.

The Barbadian professional must possess at least 6 years professional experience in the relevant sector and must have a university degree or equivalent qualification and professional qualifications where required by law.

The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less) and the visa will permit the Barbadian to work only on the contracted service activity – no other business activities will be permitted.

The following conditions are country and sector specific.  The chart explains the conditions for each country as applicable by sector:

Economic Partnership Agreement (EPA)

Back to Top

Do Barbadian service providers in the Midwifery, Nursing, Physiotherapy or Paramedical Sectors have to be licensed or meet certain qualifications to practice in the EU?

The Economic Partnership Agreement (EPA) requires that in order for Barbadians to provide Midwifery, Nursing, Physiotherapy or Paramedical services in Europe, the service provider’s qualifications or business license needs to be recognised in the European country.  The EPA establishes a process for the private sector, through the relevant professional bodies, to negotiate the terms for mutual recognition of qualifications and licensing requirements.

The Agreement requires the relevant professional bodies in CARIFORUM to engage in negotiations with their counterparts in the EU.  The professional bodies will then make recommendations to the CARIFORUM-EC Trade and Development Committee, which will finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

Are Barbadian Management Consultants allowed to provide services to EC clients who are in Barbados?

Barbadian Management Consulting Firms may provide services to EC consumers resident in Barbados without restriction.

Economic Partnership Agreement (EPA)

Back to Top

Once granted permission to operate a business in the EU under the terms of the EPA, what types of personnel would be allowed to work at the EU-located business? And how long would they be permitted to live and work in Europe?

Subject, of course, to the normal visa and immigration requirements, the following categories of personnel are allowed for the designated lengths of time:
Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year.

There are, though, some conditions imposed on these general entry terms based on 1) the country and 2) the sector involved.

Economic Partnership Agreement (EPA)

Back to Top

May a Management Consulting firm in Barbados provide services from its home country to clients in the EC under the EPA?

There are no market restrictions for Barbadian Management Consultants or Consulting Firms on providing services from Barbados to consumers in the EC.

Economic Partnership Agreement (EPA)

Back to Top

What types of personnel would be allowed to work at the Barbadian-owned or operated EU-located Management Consulting Service? And how long would they be permitted to live and work in Europe?

Subject, of course, to the normal visa requirements, Management Consulting Firms from Barbados are allowed to operate in the EC for the following designated lengths of time:

Generally, the senior Barbadian staff responsible for establishing your commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year.

Economic Partnership Agreement (EPA)

Back to Top

May Management Consulting Firms from Barbados invest in or operate businesses in the EC as part of the Economic Partnership Agreement?

Barbadian companies are able to invest in or establish legal entities in both Management Consulting Services and Services related to Management Consulting.  There is one country-specific condition to this access in Hungary where there is no commitment to permit arbitration and conciliation services.

There are also some general conditions that are in place across the EC for Management Consultants from Barbados.

Economic Partnership Agreement (EPA)

Back to Top

What about licensing requirements for Management Consultants from Barbados in Europe or European Territories in the Caribbean under the EPA? Do these exist?

Yes, in order for a Barbadian Management Consultant or Management Consulting firm to provide services in the EC, a person’s qualifications or business license needs to be recognised in that country.  The Economic Partnership Agreement (EPA) establishes a process for the private sector, through its relevant professional bodies, to negotiate the terms for mutual recognition of qualifications and licensing requirements.

The Agreement requires that the relevant professional bodies engage in negotiations with their counterparts in the EU. The professional bodies will then make recommendations to the CARIFORUM-EC Trade and Development Committee, which will finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

I am an independent Management Consultant and would like to move to one of the countries of the EC to open a business. May I do so under the EPA?

You may, as an Independent Management Consultant work in the EC.  However, you may not own or invest in a business there.  As an Independent Management Consultant you may work there providing that you have a contract with a European client that is not longer than 12 months.  You will also be subject to the following conditions:

There are also some conditions that are applied to both Independent Management Consultants, and those Independent Professionals who are providing services related to Management Consultants that are imposed by individual countries.  They are:

Economic Partnership Agreement (EPA)

Back to Top

Are Insurance providers from Europe allowed to operate in Barbados under the EPA?

Barbados did not undertake any commitments in Life, Accident and Health insurance services.  However, commitments were undertaken in the following insurance sub-sectors:

·       Services auxiliary to insurance (except actuarial services)

·       Actuarial services

·       Consultancy , actuarial, risk assessment & claims settlement services

Non-Life Insurance Services

• There are no restrictions on EC service providers providing these services to Barbadians temporarily located in the EC; or investing in/ establishing a business in Barbados. 

• However, Barbados has not taken a commitment to permit EC service providers to either provide services to Barbadians in Barbados from an EC state; or to permit EC service providers to enter Barbados to provide these services.  Nevertheless, given that there is a commitment to allow EC service providers to invest in/ establish a business in Barbados, there is also a commitment to permit the entry of key personnel and graduate trainees only permitted when these skills are not available locally.

Reinsurance & Retrocession

• There are no restrictions on EC service providers (i) providing services to Barbadians in Barbados from an EC state (ii) providing services to Barbadians temporarily located in the EC (iii) investing in/ establishing a business in Barbados or (iv) who are EU citizens temporarily entering Barbados to provide these services.

Services Auxiliary to Insurance (except actuarial services)

• There are no restrictions on EC service providers providing services to Barbadians temporarily located in the EC. 

• EC service providers seeking to invest in/ establish a business in Barbados are subject to a nationality or residency requirement for obtaining a license.  

• Barbados has not undertaken a commitment to permit (i) EC service providers to provide these services to Barbadians in Barbados from an EC state; or (ii) EC service providers to enter Barbados to provide these services.  Nevertheless, given that there is a conditional commitment to allow EC service providers to invest in/ establish a business in Barbados, there is a also commitment to permit the entry of key personnel and graduate trainees only when these skills are not available locally.

Actuarial Services

• There are no restrictions on EC service providers (i) providing services to Barbadians in Barbados from an EC state; (ii) providing services to Barbadians temporarily located in the EC; or (iii) investing in/ establishing a business in Barbados. 

• There is no commitment to allow EC service providers to enter Barbados to provide their services. Nevertheless, given that there is a commitment to allow EC service providers to invest in/ establish a business in Barbados, there is also a commitment to permit the entry of key personnel and graduate trainees only permitted when these skills are not available locally.

Consultancy, actuarial, risk assessment and claim settlement services

• There are no restrictions on EC service providers (i) providing services to Barbadians temporarily located in the EC or (ii) investing in/ establishing a business in Barbados.

• There is no commitment to allow EC service providers to (i) to provide services to Barbadians in Barbados from an EC state or (ii) who are EC citizens, to enter Barbados to provide their services. Nevertheless, given that there is a commitment to allow EC service providers to invest in/ establish a business in Barbados, there is also a commitment to permit the entry of key personnel and graduate trainees only permitted when these skills are not available locally.

Economic Partnership Agreement (EPA)

Back to Top

May Barbadian firms provide Insurance Services to consumers from the EC who are in Barbados?

Barbadian service providers can provide insurance services to EC consumers in Barbados subject to certain conditions in certain countries.  Those are:

Economic Partnership Agreement (EPA)

Back to Top

What provisions are included in the Economic Partnership Agreement (EPA) between the countries of CARIFORUM (Including Barbados) and the European Union for persons engaged in Midwifery, Nursing, Physiotherapy and Para-Medical Services?

In general, market access has been granted to Barbadian entities in the EU in the service categories of Midwifery, Nursing, Physiotherapy and Paramedical service.  This means that they are able to invest in or establish a legal operation in these areas in European countries that are members of the Union. There are general conditions applicable across these categories in some countries.

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia all place limitations on the acquisition of land and real estate.
Estonia, Finland, Italy, Romania and Sweden have requirements of local citizenship or residency of senior management or Board of Directors.
In Poland, there are limitations on the type of business that Barbadian service providers may operate or own.
Bulgaria, France, Finland and Italy place limitations on the type of investment that Barbadian firms may make, e.g. putting a limit on the maximum percentage for foreign shareholding or voting rights, and the EU in general has limitations on the treatment that is extended to branches and agencies.

The EPA treats Midwifery, Nursing, Physiotherapy and Paramedical services generally as belonging to a single category.  There are, however, some differences in how each one of the services is treated in some European countries.
This access is subject to the following conditions:

MIDWIVES
For midwives, Bulgaria, Finland, Malta & Slovenia have made no commitment to permit the provision of this service. In France, while other types of legal form are available for EC investors, foreign investors only have access to the legal forms of "société d'exercice liberal" and "société civile professionnelle.” In Lithuania, an economics needs test may be applied prior to a Barbadian company being allowed access with the employment situation among midwives in Lithuania being the primary criterion in the determination.

NURSES, PHYSIOTHERAPISTS & PARAMEDICAL PERSONNEL SERVICES
Following are the market access restrictions in specific countries for Barbadian Nursing, Physiotherapy and Paramedical service providers interested in investment or operating in Europe under the Economic Partnership Agreement:

Economic Partnership Agreement (EPA)

Back to Top

What happens if I do not want to open an Insurance Service office in the EC, but just want to contract my company’s services from Barbados to an entity in the EC and travel there when necessary? Is that circumstance covered under the EPA?

A Barbadian services provider can provide insurance and insurance related services from here to a consumer in the EC.  This access is subject to the following conditions in the following countries:

Austria, Belgium, Czech Republic, Denmark, Spain, Finland, France, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Sweden, Slovenia & United Kingdom: No commitment for direct insurance services except for insurance risk relating to: (i) Maritime shipping and commercial aviation and space & freight (including satellite), with such insurance to cover any or all of the following goods being transported, the vehicle transporting the goods and any liability arising there from; and (ii) goods in transit.

In Austria, promotional activity and intermediation on behalf of a subsidiary not established in the Community or of a branch not established in Austria (except for reinsurance and retrocession) are prohibited. Compulsory air insurance, except for insurance of international commercial air transport, can be underwritten only by a company established in the Community or by a branch established in Austria.

A higher premium tax is due for insurance contracts (except for contracts on reinsurance and retrocession) which are written by a subsidiary not established in the Community or by a branch not established in Austria. Exception from higher tax can be granted.

In Denmark, compulsory air transport can only be underwritten by firms established in the Community. No persons or companies may for business purposes in Denmark assist in effecting direct insurance for persons resident in Denmark, for Danish ships or property in Denmark, other than insurance companies licensed by Danish law or by  Danish competent authorities.

Bulgaria has made no commitment for direct insurance, except for services supplied by foreign suppliers to foreign persons in the territory of the Republic of Bulgaria. Transport insurance, covering goods, insurance vehicles as such, and liability insurance regarding risks located in the Republic of Bulgaria may not be underwritten by a foreign insurance company directly. A foreign insurance company can conclude insurance contracts only through a branch. Activities related to deposit insurance and similar compensation schemes, as well as mandatory insurance schemes can also be undertaken.

In Spain, for actuarial services, residency is required in addition to three years of relevant work experience.

Romania stipulates that reinsurance on the international market is allowed only if the reinsured risk cannot be placed on the domestic market.

In Portugal, air and maritime transport insurance, covering goods, aircraft, hull and liability can be underwritten only by firms established in the EC. Only persons or companies established in the EC may act as intermediaries for such insurance businesses in Portugal.

In France, insurance of risks relating to ground transport may be carried out only by insurance firms established in the Community.

 In Germany, compulsory air insurance policies can be underwritten only by a subsidiary established in the Community or by a branch established in Germany.  If a foreign insurance company has established a branch in Germany, it may conclude insurance contracts in Germany relating to international transport only through the branch established in Germany

Bulgaria, Latvia, Lithuania & Poland: These countries have made no commitments with respect to insurance intermediation.

Cyprus, Latvia & Malta: These countries have made no commitments in direct insurance services except for insurance risks relating to: (i) Maritime shipping and commercial aviation and space & freight (including satellite), with such insurance to cover any or all of the goods being transported, the vehicle transporting the goods and any liability arising there from; and (ii) goods in transit.

Finland: Only insurers having their head office in the EC or having their branch in Finland may offer direct insurance (including co-insurance) services. The supply of insurance brokerage services is subject to a permanent place of business in the EC.

Hungary: The supply of direct insurance in the territory of Hungary by insurance companies not established in the EC is allowed only through a branch office registered in Hungary.

Italy: No commitment was made for the actuarial profession. Transport insurance covering goods, insurance of vehicles and liability insurance regarding risks located in Italy may be underwritten only by insurance companies established in the Community. This reservation does not apply for international transport involving imports from Italy.

Sweden: The supply of direct insurance is allowed only through an insurance service supplier authorized in Sweden, provided that the foreign service supplier and the Swedish insurance company belong to the same group of companies or have an agreement of cooperation between them.

Economic Partnership Agreement (EPA)

Back to Top

I am the owner of my publishing company. Can I head up my European operation and live there?

The laws on the residency requirements for owners and publishers vary from country to country.  For example, in Sweden the owner and publisher of a publishing or printing company must meet Swedish residency requirements. 

For a duplication service in Austria, Belgium, Hungary, Spain and some other countries, specialists will need to meet an economic needs test, and in some jurisdictions there are conditions placed on specialists and graduate trainees.

Economic Partnership Agreement (EPA)

Back to Top

As a printing company, what level of staff can I send to the EC to work, and for how long?

Key personnel of the company that are being transferred (described as managers and specialists) are allowed to work in a European country for up to three (3) years. The members of the senior staff who are responsible for establishing your commercial presence may remain for up to 90 days during any 12-month period.

Economic Partnership Agreement (EPA)

Back to Top

How about visa requirements for the printing and publishing industry?

As long as the European Community country in question has allowed a company from Barbados to invest or operate a business, the Barbadian companies are allowed (subject, of course, to normal visa and immigration requirements) to send staff to work in the EC.

Economic Partnership Agreement (EPA)

Back to Top

In the event that I do gain the necessary permissions to open an Insurance services firm in the EC, what personnel can I send to work there and for how long?

The answer to this question is dependent on the level of staffing you want to send to Europe.  The senior staff of a Barbadian entity responsible for setting up the business may remain for ninety (90) days during any 12-month period.

Key personnel (described under the EPA as managers and specialists) are allowed to remain in EC countries for up to three years.  And if you are planning on sending graduate trainees to the EC, they may remain for one year.

If you plan on opening an Insurance Services firm in Austria, the management of a branch office must be staffed by two residents of Austria. In Estonia, for direct insurance, the management body of an insurance joint-stock company with foreign capital participation may include citizens of Barbados only in proportion to the foreign participation and not more than half of the members of the management group. The head of the management of a subsidiary or an independent company must permanently reside in Estonia.

Spain requires that personnel are required to be residents and possess three years of experience in the acturial profession.

In Italy, there is a residency requirement for those engaged in the actuarial profession and in Finland, the managing directors, and at least one auditor of an insurance company shall have their place of residence in the EC, unless the competent authorities have granted an exemption.  The general agent of the foreign insurance company shall have his place of residence in Finland, unless the company has its head office in the EC.

Economic Partnership Agreement (EPA)

Back to Top

I understand that there are some limitations in certain countries to that access. Is that correct?

Yes, that is correct, certain countries in the EC do impose limitations on Barbadian firms owning or investing in Insurance businesses.  The following countries have conditions as outlined for Insurance service providers:

The following general conditions also apply to Insurance Service providers:

Economic Partnership Agreement (EPA)

Back to Top

As a company offering printing, publishing and duplicating services, where in the European Community am I allowed to set up a business?

In the printing, publishing and duplication services businesses you are free to establish or invest in any European Community country with a few exceptions below:

In Latvia and Lithuania, only companies that are nationally incorporated have the right to establish companies in the publishing fields.

In Poland, the Editor-in Chief of newspapers and journals must be a national of the country.

In Sweden, the owner and the publisher of a publishing and printing company must meet a residency requirement.

There are other restrictions on Barbadian firms establishing printing or publishing businesses in other EC countries that apply to areas like real estate ownership, maximum dollar amount of investment and the scope of operation of the businesses. 

Economic Partnership Agreement (EPA)

Back to Top

What are the provisions for Barbadian Insurance firms that wish to invest in or open business in Europe under the Economic Partnership Agreement (EPA) between the EU and the countries of CARIFORUM?

Barbadian companies can invest in/ establish a legal entity in Europe in all of the Insurance and Insurance-related services sectors.

Economic Partnership Agreement (EPA)

Back to Top

Are EU real estate services firms permitted to operate in Barbados under the provisions of the EPA?

Barbados did not undertake any commitments to provide market access to the real estate services sector or to remove any discrimination that favours domestic services providers.  In the absence of such commitments, EU real estate services suppliers are not legally guaranteed the right to:

1. Provide real estate services from the EU to Barbadian consumers located in Barbados.
2. Provide real estate services from the EU to Barbadian consumers temporarily located in the EU;
3. Invest in /establish a legal entity in Barbados to provide real estate services.

Also, the rights of citizens from the EU seeking to temporarily enter Barbados to supply real estate services are not guaranteed. 

Economic Partnership Agreement (EPA)

Back to Top

What provisions are made under the EPA for hotel, restaurant or catering services wishing to provide services from Barbados without traveling to the EU?

A Barbadian services provider can supply hotel, restaurant and catering services from Barbados to a European consumer.  These opportunities are subject to conditions in the following European countries:

Finally, there are no restrictions on Barbadian service providers in these sectors wishing to provide services to European clients in Barbados.

Economic Partnership Agreement (EPA)

Back to Top

Does the EPA allow a Barbadian firm in real estate services located here in Barbados to provide those services to EU clients in Europe?

Yes, a Barbadian real estate service provider may operate from Barbados to clients in the EU, with conditions in the following countries:

There is no commitment to permit the supply of real estate services from Barbados, by Barbadian interests to Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Ireland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, & Slovenia.

Barbadian service providers may provide services to EU clients here in Barbados with limitations placed on the acquisition of land and real estate for those from Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic , and Slovenia.

Economic Partnership Agreement (EPA)

Back to Top

If Barbadian real estate services interests are permitted entry in to the EU for investment or business establishment purposes, what members of staff are allowed to work at the business in the EU?

Key personnel, that is, intra-corporate transferees such as managers and specialists will be allowed in the EU from Barbados for a period of up to 3 years.

The senior staff from Barbados responsible for establishing a commercial presence in the EU may remain for 90 days in any 12-month period and graduate trainees for one year.

These are the general rules for Barbadian staff working in the EU under the provisions of the EPA in the real estate services sector.  These opportunities are subject to conditions in some countries.  They are:

For real estate services involving owned or leased properties, France, Hungary, Italy, and Portugal impose residency requirements on professionals providing these services, and Latvia, Malta and Slovenia have nationality requirements.

In real estate services that are provided on a fee or contract basis, there’s a residency requirement in Denmark for professionals unless waived by the Danish Commerce and Companies Agency.

France, Hungary, Italy and Portugal all have residency requirements for Barbadians in these services and Latvia, Malta and Slovenia have nationality requirements. 

Economic Partnership Agreement (EPA)

Back to Top

I operate a business in the EU under the terms of the EPA, what types of personnel would be allowed to work at the Barbadian-owned or operated EU-located hotel or restaurant? And how long would they be permitted to live and work in Europe?

Subject, of course, to the normal visa and immigration requirements, the following categories of personnel are allowed for the designated lengths of time:

Generally, the senior Barbadian staff responsible for establishing your commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year.

There are, though, some conditions imposed on these general entry terms based on  the country.

In Bulgaria, the number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent.

Economic Partnership Agreement (EPA)

Back to Top

Our catering service based in Barbados is interested in offering a similar service based in Italy to service airlines and the general aviation sector. Is that permitted under the EPA?

No. Access for catering services does not include catering in air transport services in the EU. 

Economic Partnership Agreement (EPA)

Back to Top

What types of real estate services can Barbadian interests invest in or own in the EU under the Economic Partnership Agreement?

Under the EPA, Barbadian companies can invest in/establish a legal entity in Real Estate Services involving owned or leased property and Real Estate Services on a fee or contract basis.  There are certain conditions placed on Barbadian real estate services providers by certain countries in the EU.  Those conditions are:

There are limitations on the acquisition of land and real estate by Barbadian real estate services in Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia.

In Estonia, Finland, Italy, Romania and Sweden there are limitations requiring local citizenship or residency of senior management or Board of Directors.

Poland places conditions on the type of businesses Barbadian real estate services firms may invest in or own.

Bulgaria, France, Finland and Italy all have limitations on the types of investments Barbadians are able to make in the real estate services segment, e.g. a maximum percentage for foreign shareholding or voting rights.

Economic Partnership Agreement (EPA)

Back to Top

Under the CARIFORUM/European Community Economic Partnership Agreement (EPA), may a Barbadian company open a hotel in Europe?

Yes!  The European Union allows Barbadian individuals and firms to open or invest in hotels, restaurants and catering businesses under the EPA.  There are, however, a few conditions.

In Bulgaria, the business must be incorporated, and the opening of branches is not permitted.

In Italy, if a Barbadian wishes to open a bar, café or restaurant, an economic needs test will be applied.  The primary criteria that will be taken into account in making the decision will be the population and density of existing establishments.

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, Slovenia all place limitations on the acquisition of land and real estate.

Estonia, Finland, Italy, Romania and Sweden have requirements of local citizenship or residency of senior management or Board of Directors.

In Poland, there are limitations on the type of business that Barbadian service providers may operate or own.

Bulgaria, France, Finland and Italy place limitations on the type of investment that Barbadian firms may make, e.g. putting a limit on the maximum percentage for foreign shareholding or voting rights, and the EU in general has limitations on the treatment that is extended to branches and agencies.

Economic Partnership Agreement (EPA)

Back to Top

May European Engineering Service providers open a business here in Barbados under the EPA?

There is no provision under the EPA allowing EU companies to invest in or establish businesses in Barbados in the Engineering Services sector.  However, when such an investment does take place, Barbados has committed to ensuring that the EU service providers are not discriminated against in favour of domestic suppliers.  Barbados also has not committed to allowing EU nationals to come into Barbados to provide their services in this sector.  Key personnel and graduate trainees are permitted entry only when these skills are not available locally.

Economic Partnership Agreement (EPA)

Back to Top

Are Engineering Service providers operating from offices in the EU allowed to provide their services to Barbadians in Barbados?

Yes, under the EPA, EU Engineering Service providers are allowed to work from their home country on projects and with clients here in Barbados.

Economic Partnership Agreement (EPA)

Back to Top

Our Barbadian Tax Services Company would like to enter into a contract with a European client from our offices here in Barbados (without travel to Europe)? Is that allowed under the Agreement?

The Economic Partnership Agreement between the European Union and the countries of CARIFORUM (commonly referred to as the EPA) does allow you, the Barbadian Tax Services provider to provide services to a client in Europe. 

There are some conditions in the following European countries:

Austria: There is a nationality requirement for representation before competent authorities.

Cyprus: Tax agents must be duly authorised by the Minister of Finance.  Authorisation is subject to an economic needs test.  The main criteria: the employment situation in this sub-sector.   

Bulgaria, Malta, Romania & Slovenia: There is no commitment to permit the provision of services through this form of supply.

There are no limitations on Barbadian Tax Advisory Service providers wanting to enter into contracts with European clients who are located here in Barbados.

Economic Partnership Agreement (EPA)

Back to Top

How about supplying Engineering Services to consumers from the EU who are here in Barbados?

Service providers in Barbados are allowed to provide their services in the Engineering Services field to EU consumers who are in Barbados without restriction.

Economic Partnership Agreement (EPA)

Back to Top

What about the case of an Engineering Services Firm or Professional that wants to provide services FROM BARBADOS to a client in the EU? Does the EPA allow that?

The EPA does allow Barbadian service providers in the Engineering Services field to provide services from their home here in Barbados to a European-based client.  A few countries, however, do impose some conditions.  They are:

Austria & Slovenia:  There is no commitment to provide market access in any sub-sector except the pure planning services sub-sector.

Bulgaria, Cyprus, Greece, Italy, Malta, & Portugal: There is no commitment to permit the supply of these services through this form of supply.

Economic Partnership Agreement (EPA)

Back to Top

I am an Independent Tax Services Professional. I’ve been offered a contract to provide services to a client in Europe. Does the EPA have provisions for me to travel to the EU to fulfill the contract should I accept it.

As an Independent Tax Services Professional you are allowed under the EPA to travel to Europe to service a contract under the following conditions:

In order to apply for temporary entry, you must be a self-employed Tax Services Provider established here in Barbados (or another CARIFORUM territory) and your contract in Europe may not be for a period longer than 12 months.  You are required to have at least six (6) years of experience in the field and must possess a university degree or equivalent qualification, and professional qualifications where required by law.

Your temporary entry will be for no more than six (6) months cumulatively during any 12-month period, or for the length of the contract, whichever is less, (This period is 25 weeks in Luxembourg.) and only the work under the contract is permitted during your stay in Europe.  You will not be permitted to perform any other work.

The following countries impose conditions on Independent Tax Services Professionals from Barbados wishing to work in their countries:

In Austria, the employer must be a member of the relevant professional body in the home country where such a body exists.  There is a nationality condition for representation before competent authorities. 

In Belgium, an economic needs test will be applied.   

In Bulgaria, Czech Republic, Denmark, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Romania & Slovakia, economic needs tests will be applied.  

Portugal has not made a commitment to allow this category of service providers to supply tax advisory services and Hungary imposes a residency requirement for tax advisory services.

Economic Partnership Agreement (EPA)

Back to Top

I am an Independent Engineering Services professional and I want to enter into a contract in a member country of the EU. I just want to service my contract. Under the EPA, am I allowed to travel there to work on the contract if I sign?

As an independent Engineering Services professional, you are free to enter into a contract with a firm in the EU, and you may also travel there to work on the contract.  But, there are some general conditions which apply to all countries, and other conditions imposed by certain countries.  The general conditions:

• The person applying for temporary entry must be a self-employed person established in a business in Barbados, and their service contract cannot be for more than 12 months.
• You must have at least six (6) years experience in the Engineering Service Sector.
• As an independent Engineering Services professional, you must have a university degree or equivalent qualification along with any professional qualifications that may be legally required.
• You will be allowed to enter for a cumulative period of not more than six (6) months in any 12-month period (or the length of the contract, whichever is less) – or 25 weeks in Luxembourg.
• You will only be permitted to work on the activity for which you have been contracted and no other business activities.

The specific country conditions on independent Engineering Services Professionals are as follows:

Spain, Italy & Poland:  An economic needs test will be applied.

Finland:  The Barbadian must demonstrate that (s)he possesses special knowledge relevant to the service being provided.

Belgium: An economic needs test will be applied. 

Denmark: An economic needs test will be applied. 

Bulgaria, Czech Republic, Germany, Finland, Hungary, Lithuania, Romania & Slovakia: An economic needs test will be applied. 

Austria: There is a commitment to permit this type of movement for planning services only and in these cases an economic needs test will be applied.

Hungary: Residency is required.

Economic Partnership Agreement (EPA)

Back to Top

Provided that our Engineering Service company here in Barbados has been given permission to invest in or establish a business in one of the countries of the EU, what are the rules under the EPA for personnel wishing to work overseas?

Generally, key personnel (those persons described under the EPA as managers and specialists) are allowed to remain in EU countries for up to three years.  Those senior staff members that the Barbadian firm will need to establish its commercial presence in the EU will be allowed to work for 90 days during any 12-month period.  And if you are planning on sending graduate trainees to the EU, they may remain for one year.  Remember that these persons are subject to the normal visa and immigration requirements of the host country.

There are a few countries that place specific conditions on Barbadian Engineering Services staff.  These are:

Estonia - At least one responsible person (project manager or consultant) must be an Estonian resident.

Bulgaria – All Barbadian Engineering Services Specialists wishing to work in Bulgaria must have at least two years experience in the construction field.

Greece, Hungary and Slovakia – all require that Engineering Service suppliers must have residency.

Economic Partnership Agreement (EPA)

Back to Top

Are there requirements for licensing and qualifications in the EU for Barbadian Engineering Service providers wishing to provide services there?

Yes, there are.

The first requirement to provide services in an EU country is that the qualifications or business license has to be recongised in the country in which the service is provided.  The Economic Partnership Agreement contains a process for the private sector to negotiate the terms for mutual recognition of qualifications and licensing requirements with their European counterparts. Once these negotiations have been finalised, the professional bodies will make recommendations to the CARIFORUM-EC Trade and Development Committee, which will finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

What are the conditions for Barbadian Engineering Services firms wishing to enter EU countries?

Those conditions vary from country to country in the EU.  For example, in Bulgaria, if a Barbadian Engineering Services firm’s project is deemed to have national or regional significance, the investors in the project must act as sub-contractors in partnership with local Bulgarian investors.

In other countries, there are limitations on the activities of Barbadian Engineering Service providers within the country.  The following chart lists the conditions by country:

Economic Partnership Agreement (EPA)

Back to Top

Are Barbadian companies engaged in Engineering Services allowed access to the European Community under the EPA?

Yes.  Under the CARIFORUM/EC Economic Partnership Agreement, Barbadian companies may invest in or establish a legal entity in the EU, with certain conditions.

Economic Partnership Agreement (EPA)

Back to Top

What about the case of my Barbadian Tax Advisory Firm? We just want to be able to send staff to work on a contract as needed. Is that possible under the CARIFORUM/EU Economic Partnership Agreement (EPA)?

There is good news for your company.  You are allowed to travel to the EU to provide your contract services under the following general conditions:

• The person applying for temporary entry must be supplying a service as an employee of a business, which has obtained a service contract for a period not exceeding 12 months
•  
• The person must have been an employee of the business for 1 year prior to application for entry, and must have at least 3 years professional experience in the tax advisory sector
•  
• The person applying for temporary entry must have a university degree or equivalent qualification, and professional qualifications where required by law
•  
• The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less)
•  
• The visa permits only the contracted service activity, no other business activities
•  
• The number of persons covered by the services contract shall not be larger than necessary to fulfil the contract

There are also some conditions imposed by specific countries:

• Austria: The employer must be a member of the relevant professional body in the home country where such a body exists.  There is a nationality condition for representation before competent authorities. 
• Belgium: An economic needs test will be applied, except for in the case of Commercial Service Suppliers (CSS) where the annual wages is above the amount defined by the relevant laws and regulations. 
• Bulgaria, Czech Republic, Denmark, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Romania & Slovakia: Economic needs tests will be applied. 
• Portugal: There is no commitment to allow this category of service providers to supply tax advisory services.
• Hungary: There is a residency requirement for tax advisory services.

Economic Partnership Agreement (EPA)

Back to Top

What about the European company that has offices here in Barbados? Are Barbadian Computer Services firms allowed to provide services to these entities?

Barbadian service providers can provide computer and related services to EC consumers in Barbados.  No limitations of a market access or national treatment type have been imposed by the EC on this form of supply. 

The Barbados Private Sector Trade Team is here to answer any questions you may have about conducting trade in the European Community under the terms of the CARIFORUM-EC Economic Partnership Agreement.  If after reading these questions and answers you still have queries, please contact us directly by email at info@tradeteam.bb, or by speaking with one of our Trade Officials at 1-246-430-6541.

Economic Partnership Agreement (EPA)

Back to Top

Our Company here in Barbados would like to offer our Computer Consulting Services from here to an EC company. Is such an arrangement permitted under the EPA?

A Barbadian services provider can supply computer and related services from its home state (i.e. Barbados) to a consumer in the EC.  No limitations of a market access or national treatment type have been imposed by the EC on this form of supply.

Economic Partnership Agreement (EPA)

Back to Top

I am an Independent Computer Services Professional. I’ve been offered a contract to provide computer services to a client in Europe. Does the EPA have provisions for me to travel to the EU to fulfill the contract should I accept it?

As an Independent Professional you are allowed under the EPA to travel to Europe to service a contract under the following conditions:

In order to apply for temporary entry, you must be a self-employed Computer Services Provider established here in Barbados (or another CARIFORUM territory), and your contract in Europe may not be for a period longer than 12 months.  You are required to have at least six (6) years of experience in the field and must possess a university degree or equivalent qualification, and professional qualifications where required by law.

As a Barbadian, your temporary entry will be for no more than six (6) months cumulatively during any 12-month period, or for the length of the contract, whichever is less, (This period is 25 weeks in Luxembourg.) and only the work under the contract is permitted during your stay in Europe.  You will not be permitted to perform any other work.

The following countries impose conditions on Independent Computer Services Professionals from Barbados wishing to work in their countries:

In Cyprus, Denmark, Estonia, Greece, France, Ireland, Luxembourg, Malta, Netherlands, Portugal, Slovenia & Sweden there are no market access or national treatment restrictions imposed on Barbadian service providers.  

In Spain, Italy & Poland an economic needs test will be applied for independent professionals, as well as in Austria, Bulgaria, Czech Republic, Finland, Hungary, Lithuania, Romania, Slovakia & United Kingdom.

Economic Partnership Agreement (EPA)

Back to Top

Would a Barbadian Computer Services Firm be allowed to service a contract in the EC that doesn’t require staff to relocate to the European country on a permanent basis, but travel there to service the project?

Yes.  The EPA has provisions for Computer Services suppliers who have a contract with a consumer in EC Member States to travel to these countries to provide services with the following conditions:

These opportunities to service contracts in EC Member States are subject to the following conditions:

In Cyprus, Denmark, Estonia, Greece, France, Ireland, Luxembourg, Malta, Netherlands, Portugal, Slovenia & Sweden, there are no market access or national treatment restrictions imposed on Barbadian service providers. 

Latvia will apply an economic needs test for contractual service suppliers.

In Belgium, an economic needs test will be applied, except for contractual service suppliers when the annual wage is above the amount defined by the relevant laws and regulations and Demark will apply an economic needs test except for contractual service supplies who wish to stay for up to three months.

In Austria, Bulgaria, Czech Republic, Finland, Hungary, Lithuania, Romania, Slovakia & United Kingdom, economic needs tests will be applied.

Economic Partnership Agreement (EPA)

Back to Top

Once a Barbadian company has been given permission to operate in the EU under the Agreement, what are the options for sending staff from this country to work in Europe?

Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year. Staff in these categories will be, of course, subject to normal visa and immigration requirements.

Economic Partnership Agreement (EPA)

Back to Top

May a Barbadian Computer Service firm (as stipulated in the list above) invest in or establish an operation in the EC?

Yes.  There are no market access restrictions placed on Barbadian firms wishing to invest in or operate in the countries of the EC.  There are some general conditions in the following countries that will apply, however:

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia place limitations on the acquisition of land and real estate, while the following countries impose limitations that require senior management personnel or Directors to have either local citizenship or residency:  Estonia, Finland, Italy, Romania and Sweden.

In Poland, there are limitations on the types of businesses that Barbadians may engage in under the EPA while Bulgaria, France, Finland and Italy limit the type of investment e.g. a maximum percentage for foreign shareholding or voting rights allowed by Barbadian nationals.

In the EC in general, there may be limitations placed on the treatment extended to branches and agencies and there are limitations on public utilities.

Economic Partnership Agreement (EPA)

Back to Top

Which of those services listed above may European providers offer within Barbados under the EPA?

For consultancy, data processing and database services and other services not elsewhere classified, EC service providers located in the EC may supply consumers in Barbados with these services and they may also supply these services to Barbadian consumers temporarily located in the EC.  Barbados has made no commitment to permit natural persons from the EC to temporarily enter Barbados for the purpose of supplying these services.  Nevertheless, given the commitment to permit EC operators to invest in/ establish a business in Barbados, the entry of key personnel and graduate trainees is permitted, but only when these skills are not available locally. In addition, the entry of contractual service suppliers is subject to an economic needs test. 

For software implementation services and data preparation services the same conditions apply as for those categories listed in the previous paragraph.

Economic Partnership Agreement (EPA)

Back to Top

Once a Barbadian Taxation Advisory Services company has been given permission to operate in the EU under the Agreement, what are the options for sending staff from this country to work in Europe?

Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year. Staff in these categories will be, of course, subject to normal visa and immigration requirements.

There are exceptions to those general rules where specific countries have imposed their own conditions on Barbadian staff working in Europe under the EPA.  Those are:

• In Austria, there is a nationality condition for representation before competent authorities.
• In Bulgaria & Slovenia there are nationality conditions for specialists and in
• Hungary there is a residency requirement for tax advisory services suppliers.

Economic Partnership Agreement (EPA)

Back to Top

What about licensing and qualifications for Barbadian companies wishing to operate in the EU, or European companies who want to open operations in Barbados under the EPA? Does the agreement speak to those issues?

Yes, the EPA does address the issue of mutual recognition of licensing and qualifications.

The agreement calls for the negotiation of terms for mutual recognition through the relevant professional bodies in the private sector.  Those negotiations must take place with recommendations made to the CARIFORUM-EU Trade and Development Committee.  Following review, the Committee will then finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

What types of Computer and Computer-related services are covered under the Economic Partnership Agreement (EPA) between the countries of CARIFORUM (Including Barbados) with the European Community?

The CARIFORUM/EC Economic Partnership Agreement encompasses the following Computer and Related Services:

·       Consultancy services related to the installation of computer hardware

·       Software Implementation Services

·       Data Processing Services

·       Database services

·        Data preparation services and other Computer Services

Economic Partnership Agreement (EPA)

Back to Top

What about the European company that has offices here in Barbados? Are Barbadian Advertising Service firms allowed to provide services to these entities?

Barbadian service providers can provide Advertising Services to EC consumers in Barbados.  No limitations of a market access or national treatment type have been imposed by the EC on this form of supply. 

The Barbados Private Sector Trade Team is here to answer any questions you may have about conducting trade in the European Community under the terms of the CARIFORUM-EC Economic Partnership Agreement.  If after reading these questions and answers you still have queries, please contact us directly by email at info@tradeteam.bb, or by speaking with one of our Trade officials at 1-246-430-6541.

Economic Partnership Agreement (EPA)

Back to Top

Our Company here in Barbados would like to offer our Advertising Services from here to an EC company. Is such an arrangement permitted under the EPA?

A Barbadian services provider can supply Advertising Services from its home state (i.e. Barbados) to a consumer in the EC.  No limitations of a market access or national treatment type have been imposed by the EC on this form of supply.

Economic Partnership Agreement (EPA)

Back to Top

I am an Independent Advertising Professional. I’ve been offered a contract to provide my services to a client in Europe. Does the EPA have provisions for me to travel to the EU to fulfill the contract?

As an Independent Professional you are allowed under the EPA to travel to Europe to service a contract under the following conditions:

In order to apply for temporary entry, you must be self-employed established here in Barbados (or another CARIFORUM territory), and your contract in Europe may not be for a period longer than 12 months.  You are required to have at least six (6) years of experience in the field and must possess a university degree or equivalent qualification, and professional qualifications where required by law.

Your temporary entry will be for no more than six (6) months cumulatively during any 12-month period or for the length of the contract, whichever is less (this period is 25 weeks in Luxembourg) and only the work under the contract is permitted during your stay in Europe.  You will not be permitted to perform any other work.

The following countries impose conditions on Independent Advertising Professionals from Barbados wishing to work in their countries:

Belgium: Economic needs tests will be applied, except for Commercial Service Suppliers (CSS) when the annual wage is above the amount defined by the relevant laws and regulations.

Austria, Bulgaria, Czech Republic, Denmark, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Romania & Slovakia: Economic needs tests will be applied.

Economic Partnership Agreement (EPA)

Back to Top

Would a Barbadian Advertising Agency be allowed to service a contract in the EC that doesn’t require staff to relocate to the European country on a permanent basis, but travel there to service the project?

Yes.  The EPA has provisions for Advertising Agencies that have a contract with a consumer in EC Member States to travel to these countries to provide services with the following conditions:

There are some additional conditions on staff traveling to service an advertising service contract in the following countries:

Belgium: Economic needs test will be applied, except when the annual wage to be paid is above the amount defined by the relevant laws and regulations.

Austria, Bulgaria, Czech Republic, Denmark, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Romania & Slovakia: Economic needs test will be applied.

Economic Partnership Agreement (EPA)

Back to Top

What about companies from Europe that wish to operate taxation advisory services in Barbados? Are there provisions made for those entities in the EPA?

Taxation services providers in the EU do not face any restrictions when it comes to either providing services to Barbadians living in Barbados from their home base in the EU or investing directly in or opening a business in Barbados.

While there is not a direct commitment on the part of the Barbados government to allow taxation services providers to operate in this country, if a company is given permission to do so, then key personnel and graduate trainees are allowed to enter Barbados only when the skills they offer are not available locally.

Economic Partnership Agreement (EPA)

Back to Top

Once a Barbadian Advertising company has been given permission to operate in the EU under the Agreement, what are the options for sending staff from this country to work in Europe.

Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year. Staff in these categories will be, of course, subject to normal visa and immigration requirements.

Economic Partnership Agreement (EPA)

Back to Top

Under the Economic Partnership Agreement between the European Union and the countries in CARIFORUM, may a Barbadian firm provide taxation advisory services in Europe?

Barbadian companies may invest in or establish a legal entity in the EU to provide taxation advisory services.  Please be aware that there are certain conditions placed on these services depending on the country in which the Barbadian firm plans to operate. 

In Austria, Barbadian tax advisors’ (who must be authorised according to the laws of Barbados) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25%.  This applies only to non-members of the Austrian Professional Body.

In Cyprus access by Barbadians is subject to economics needs tests. The main criterion of the test is the employment situation in the sector.

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic,  and Slovenia also place limitations on the acquisition of land and real estate, while the following countries impose limitations that require senior management personnel or Directors to have either local citizenship or residency:  Estonia, Finland, Italy, Romania and Sweden.

Economic Partnership Agreement (EPA)

Back to Top

Are Advertising firms from the EC allowed to operate in Barbados under the terms of the Economic Partnership Agreement between CARIFORUM and the EC?

There are no restrictions on EC service providers (i) supplying services to Barbadians in Barbados from an EC state; or (ii) supplying services to Barbadians located in the EC and there are no market access restrictions on EC service providers investing in/ establishing a business in Barbados.  However, Barbados has maintained the right not to accord similar treatment to EC companies/investors as that granted to domestic suppliers. 

While Barbados has not committed to allowing nationals of the EC to enter Barbados to provide advertising services, given the commitment by Barbados to allow investment or business operations by  persons from the EC, key personnel and graduate trainees in the field of advertising are permitted to enter the island, but only when those skills aren’t available locally.

Back to Top

I am an Independent Auditor who has been asked to provide my services to a customer in the European Community. They don’t need me to be on site there, so I will be able to do my work from here in Barbados. What does the EPA say about my situation?

The EPA generally provides for you to be able to offer your services from Barbados to a consumer in the EC.  As with many of the provisions of the Agreement, there are some conditions that are country specific:

If you’re planning on providing Audit services from Barbados to any of the following countries – Belgium, Bulgaria, Cyprus, Denmark, Spain, Finland, France, Greece, Hungary, Ireland, Italy, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, or the United Kingdom, you should know that there is no commitment in these countries to permit the supply of these services via this mode. 

In Austria there is a Nationality condition for representation before competent authorities, and for performing audits provided for in specific Austrian laws (e.g. joint stock companies law, stock exchange law, banking law, etc.).

Only auditors approved in Sweden may perform legal auditing services in certain legal entities and these are the only persons who are allowed to be shareowners or form partnerships in companies which practice qualified auditing (for official purposes). In order to obtain approval, residency is required.

And in Latvia, an Auditor's report must be prepared in conjunction with an auditor accredited to practice in Lithuania.

The Barbados Private Sector Trade Team is here to answer any questions you may have about conducting trade in the European Community under the terms of the CARIFORUM-EC Economic Partnership Agreement.  If after reading these questions and answers you still have queries, please contact us directly by email at info@tradeteam.bb, or by speaking with one of our Trade Officials at 1-246-430-6541.

Economic Partnership Agreement (EPA)

Back to Top

I’m an independent Barbadian travel agent, working for myself, and I’ve been awarded a contract to provide my services to a company in the EC. Does the EPA allow me to service the contract and travel to the EC?

Yes it does, with some conditions.

Generally, these conditions are:

• When you are applying for temporary entry as an Independent Professional, you must be a self-employed person established in Barbados and you must have obtained a service contract with the entity in the European Community for a period that is not more than 12 months.
• You also must have at least 6 years professional experience in the travel industry.
• When you apply, you must have a university degree or equivalent qualification, and professional qualifications where they are required by law.
• Once it is approved, your temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period, or for the duration of the contract (whichever is less).
• Your visa will only allow you to work on the contracted service activity.  You are not permitted to work on other business activities.

There are some individual countries in the EC that impose additional conditions on Independent Professionals wishing to contract with local businesses. Bulgaria and Hungary have no commitment to permit the supply of travel agency and tour operator services through this form of supply, and there are also no commitments for tour guide services in the following countries: Bulgaria, Cyprus, Czech Republic, Hungary, Italy, Lithuania, Malta, Poland, Slovakia & Slovenia

Economic Partnership Agreement (EPA)

Back to Top

What about staff? What Barbadian staff may we send to an EC country to operate our business under the EPA?

Once again, there are general guidelines and specific EC country guidelines governing the staffs of Barbadian firms wishing to operate in Europe.

Generally, the senior staff of a Barbadian entity responsible for setting up an Auditing Services business may remain for ninety (90) days during any 12-month period.

Key personnel (described under the EPA as managers and specialists) are allowed to remain in EC countries for up to three years.  Graduate trainees being sent to the EC may remain for one year.

The following countries have established conditions on Barbadian (and other CARIFORUM) Audit Professionals relocating for employment:

Austria:  Austrian law contains a nationality requirement for representation before the competent authorities, and for performing audits in specific practice areas (e.g. joint stock companies’ law, exchange law, banking law).

Denmark: There is a residency requirement.

Spain: There is a nationality requirement for statutory auditors and for administrators, directors, and partners of companies other than those covered by the Eighth EEC Directive on Company Law.

Finland: There is a residency requirement for at least one of the auditors of a Finnish liability company.

Greece: There is a condition of nationality for statutory auditors.  

Italy: There is a nationality requirement for administrators, directors, and partners of companies other than those covered by the 8th EEC Directive on Company Law.

Sweden: Only auditors approved in Sweden may perform legal auditing services for certain legal entities, i.e. in all limited companies.  Residency is required for approval.

Economic Partnership Agreement (EPA)

Back to Top

Is our travel agency allowed to provide services to a customer located in the EC from our offices here in Barbados?

There is nothing in the EPA that prohibits you from providing services from Barbados to an EC customer.  However, you should be aware that for travel agencies and tour operators, Bulgaria and Hungary have no commitment to permit the supply of these services through this form of supply.

There are also no commitments for tour guide services in the following countries:

Bulgaria, Cyprus, Czech Republic, Hungary, Italy, Lithuania, Malta, Poland, Slovakia & Slovenia.

Economic Partnership Agreement (EPA)

Back to Top

Our Audit Firm based in Barbados is interested in opening a European office in the EC. Can we do that under the CARIFORUM/EC Economic Partnership Agreement?

Generally, the answer is yes, but there are certain conditions.  These are the conditions that apply in particular countries of the European Community:

Austria: The equity participation and shares that are a result of operations of a legal entity in Austria by CARIFORUM (including Barbados) accountants (who must be authorised according to the law of their home country) may not exceed 25%, if they are not members of the Austrian Professional Body.

Cyprus: Access is subject to economic needs tests.  The primary determining factor of the needs test is the employment situation in the sub-sector.

Czech Republic & Slovakia: At least 60% of capital share or voting rights are reserved to nationals.

Denmark: In order to enter into partnerships with Danish authorised accountants, foreign accountants must obtain permission from the Danish Commerce and Companies Agency.

Finland: At least one of the auditors of a Finnish liability company must be a resident of Finland.

Latvia: In a commercial company of sworn auditors, at least 51% of the voting capital shares must be owned by sworn auditors or commercial companies of sworn auditors of the European Community.

Lithuania: No less than 75% of shares shall belong to EC auditors or auditing companies. 

Sweden: Only auditors approved in Sweden may perform legal auditing services in certain legal entities, i.e. in all limited companies.  Only such persons may be shareowners or form partnerships in companies which practice qualified auditing for official purposes.

Slovenia: The share of foreign persons in auditing companies may not exceed 49% of the equity.

Economic Partnership Agreement (EPA)

Back to Top

Are there any agreements in place under the EPA for the recognition of licensing and qualifications in the travel sector between Barbados and the EC?

In order to provide travel or tour guide services in another country, a person’s qualifications or business’ licensing needs to be recognised in that country.  The Agreement establishes a process for the private sector, through its relevant professional bodies, to negotiate the terms for mutual recognition of qualifications and licensing requirements.

The Agreement requires the relevant professional bodies for the tourism sector to commence negotiations with their counterparts in the EU within 3 years.  The professional bodies will then make recommendations to the CARIFORUM-EC Trade and Development Committee, who will finalise the mutual recognition agreements.

Economic Partnership Agreement (EPA)

Back to Top

I’m an independent Accountant, working for myself and I’ve been awarded a contract to provide my services to a company in the EC. Does the EPA allow me to do that?

Yes it does, with some conditions.

Generally, these conditions are:

• When you are applying for temporary entry as an Independent Professional, you must be a self-employed person established in Barbados and you must have obtained a service contract with the entity in the European Community for a period that is not more than 12 months.
• You also must have at least 6 years professional experience in the Accounting field.
• When you apply, you must have a university degree or equivalent qualification, and professional qualifications where they are required by law.
• Once it is approved, your temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period, or for the duration of the contract (whichever is less).
• Your visa will only allow you to work on the contracted service activity.  You are not permitted to work on other business activities.

Note that there are some individual countries in the EC that impose additional conditions on Independent Professionals wishing to contract with local businesses.

Economic Partnership Agreement (EPA)

Back to Top

Is our Accounting Firm allowed to provide services to a customer located in the EC from our offices here in Barbados?

There is nothing in the EPA that prohibits you from providing services from Barbados to an EC customer.  However, you should be aware that France, Hungary, Italy, Malta, Romania, & Slovenia are not required to allow you to supply these services.

In addition, Austrian rules under the EPA require Accountants and Bookkeepers to meet a nationality condition for representation before competent authorities.

Economic Partnership Agreement (EPA)

Back to Top

What happens if I don’t want to open an office in the EC, but just want to contract my company’s Accounting and Bookkeeping services to an entity in the EC?

Generally, the following provisions apply to personnel of Barbadian companies that wish to enter into a contract to provide services to a company in the EC:

In addition to these provisions, some countries impose their own restrictions on Accounting and Bookkeeping Services from CARIFORUM countries (including Barbados) wishing to provide contract services in the EC. Those countries and the conditions are:

• In Austria, the Barbadian employer must be a member of the relevant professional body where such a body exists;
• In Belgium, Barbadian companies may be subject to an economic needs test;
• In France there is an authorisation requirement; and
• In the following countries, economic needs tests will be applied: Bulgaria, Czech Republic, Denmark, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Romania, & Slovakia.  

Economic Partnership Agreement (EPA)

Back to Top

In the event that I do gain the necessary permissions to open a branch in France, what personnel can I send to work there and for how long?

The answer to this question is dependent on the level of staffing you want to send to France.  The senior staff of a Barbadian entity responsible for setting up the business may remain for ninety (90) days during any 12-month period.

Key personnel (described under the EPA as managers and specialists) are allowed to remain in France (and other EC countries) for up to three years.  And if you are planning on sending graduate trainees to the EC, they may remain for one year.

Of course, all of these provisions are subject to the Barbadian staff meeting the normal visa and immigration requirements for the EC country in question.

Economic Partnership Agreement (EPA)

Back to Top

What happens if I do not want to open an office in the EC, but just want to contract my company’s services to an entity in the EC?

Generally, the following provisions apply to personnel of Barbadian companies that wish to enter into a contract to provide services to a company in the EC:

In addition to these provisions, some countries impose their own restrictions on tour operators from CARIFORUM countries (including Barbados) wishing to provide contract services in the EC. Those countries and the conditions for travel agencies and tour operators are:

• Belgium: Economic needs tests will be applied, except when the annual wage is above the amount defined by relevant laws and regulations.
• Denmark: Economic needs tests will be applied except for stays of up to three months.
• Ireland: There is no commitment to permit the supply of these services.  However, there is a commitment to permit tour managers to provide their services through this mode of supply.
• Bulgaria, Greece, Finland, Hungary, Lithuania, Latvia, Malta, Portugal, Romania & Slovakia: Economic needs tests will be applied.

For those Barbadian contractors offering tour guide services, the following conditions are in place:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, Romania, Slovakia, Slovenia & United Kingdom: Economic needs tests will be applied.

Spain, France, Lithuania, Poland & Portugal: There is no commitment to permit the provision of services through this mode of supply.

Economic Partnership Agreement (EPA)

Back to Top

I have a small business involved in the Accounting field and I would like to open an office in France. Under the EPA, will I be allowed to open a branch of my firm there?

The restrictions placed on Barbadian Accounting and Auditing Services under the EPA vary from country to country.  In France, the provision of these services must be approved by the Minister of Economics, Finance and Industry and the Minister of Foreign Affairs.  France, along with other countries in the EC, however, has specific stipulations that must be followed in order for you to open your proposed business along with restrictions in specific areas such as the percentage of ownership that must be held in local (EC country) hands.  The following chart lists conditions applicable for both Accountancy and Bookkeeping and Auditing Services by country.

General conditions which also apply to these sectors are:

Back to Top

In the event that I do gain the necessary permissions to open a travel agency or tour operator service in the EC, what personnel can I send to work there and for how long?

The answer to this question is dependent on the level of staffing you want to send to Europe.  The senior staff of a Barbadian entity responsible for setting up the business may remain for ninety (90) days during any 12-month period.

Key personnel (described under the EPA as managers and specialists) are allowed to remain in EC countries for up to three years.  And if you are planning on sending graduate trainees to the EC, they may remain for one year.

If you plan on opening a travel business in Bulgaria, then the number of foreign managers must not exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 %.  For Barbadian companies interested in opening tour operator service operations in the following countries, there is a nationality condition imposed:

Bulgaria, Cyprus, Spain, France, Greece, Hungary, Italy, Lithuania, Malta, Poland, Portugal & Slovakia

Of course, all of these provisions are subject to the Barbadian staff meeting the normal visa and immigration requirements for the EC country in question.

Economic Partnership Agreement (EPA)

Back to Top

May a Barbadian Travel Agent invest in or establish a legal presence in the EU under the provisions of the EPA?

Yes.  The Economic Partnership Agreement between the EC and CARIFORUM allows Barbadian companies to invest in and or establish a legal entity in the EC.  In both Bulgaria and Portugal, however, there is a condition that the business must be incorporated under national laws.  There are some general conditions in the following countries that will apply, also:

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia place limitations on the acquisition of land and real estate, while the following countries impose limitations that require senior management personnel or Directors to have either local citizenship or residency:  Estonia, Finland, Italy, Romania and Sweden.

In Poland, there are limitations on the types of businesses that Barbadians may engage in under the EPA while Bulgaria, France, Finland and Italy limit the type of investment e.g. a maximum percentage for foreign shareholding or voting rights allowed by Barbadian nationals.

In the EC in general, there may be limitations placed on the treatment extended to branches and agencies.

Economic Partnership Agreement (EPA)

Back to Top

May European service providers offer travel services to consumers in Barbados, either as travel agents, tour operators or tour guides?

Barbados has not taken any liberalisation commitments for these two sub-sectors.  This means that Barbados did not make a commitment to permit EC service providers to: i) supply services to Barbadians in Barbados from an EC state; ii) supply services to Barbadians temporarily located in the EC; ii) invest in/ establish a business in Barbados; or iv) who are European citizens to temporarily enter Barbados to provide these services.

Economic Partnership Agreement (EPA)

Back to Top

Is an EU entertainment services firm permitted to invest in or operate a business in Barbados?

Barbados has not taken a commitment to permit EC service providers to enter Barbados to provide the services.  Nevertheless, given the commitment to permit EC operators to invest in/ establish a business in Barbados, the entry of key personnel and graduate trainees is permitted, but only when these skills are not available locally.

Economic Partnership Agreement (EPA)

Back to Top

What about an EU firm that wishes to supply entertainment services to Barbadians who are resident in an EU Member State?

There are no restrictions on EUservice providers (i) providing services to Barbadians in Barbados from an EU state.

Economic Partnership Agreement (EPA)

Back to Top

How about entertainment services providers who are independent operators. Are they allowed to enter into contracts in the EU under the EPA?

Yes, independent entertainment services providers who have a contract with a client in an EU Member State may travel to these countries to provide services under these conditions:

The person from Barbados applying for temporary entry must be supplying a service and must be a self-employed person established in Barbados, and must have obtained a service contract for a period not exceeding 12 months.

The independent entertainment services provider must possess at least 6 years professional experience in the relevant sector.

The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less).

The visa permits only the contracted service activity, no other business activities.

The independent professional in the entertainment services field will also be subject to the following conditions in certain countries:

Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Hungary, Ireland, Italy, Lithuania, Latvia,  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. Economic needs test will be applied.

Slovenia:  The Barbadian professional’s duration of stay 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 supply of these services via this form of supply.

Economic Partnership Agreement (EPA)

Back to Top

What about Barbadian companies providing entertainment services to EU consumers from Barbados to EU consumers who are located in Barbados? Does the EPA allow this activity?

With the following conditions, yes.

Cyprus, Czech Republic, Finland, Malta, Poland, Romania, Slovakia, and Slovenia:  There is no commitment to permit the supply of these services via this form of supply.  

Bulgaria:  There is no commitment to permit the supply of these services in Barbados except for theatrical producers, singer groups, band and orchestra entertainment services; services provided by authors, composers, sculptors, entertainers and other individual artists; ancillary theatrical services.

Estonia:  There is no commitment to permit the supply of these services except for cinema theatre services, and in Lithuania & Latvia, there is no commitment to permit the supply of these services except for cinema theatre operation services.

Economic Partnership Agreement (EPA)

Back to Top

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 activity?

Yes, there are.  However, under the EPA, the following countries have made no commitment to permit the supply of entertainment services through this form:

Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia & United Kingdom.

Economic Partnership Agreement (EPA)

Back to Top

If an entertainment services firm wishes to enter an EU country to fulfil a contract and not necessarily to invest or open an office, what are the allowances under the EPA?

Barbadian entertainment services providers with a contract for services in EC Member States may go to those countries to provide their services; however, there are some restrictions.

A Barbadian 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 Barbadian is also not allowed to collect remuneration other than what is paid by the Barbadian company for the contract during their stay, and may not stay for more than six months cumulatively – or for the duration of the contract if that is less.

Only the number of people from the Barbadian company necessary to fulfill the contract will be allowed 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, Latvia,  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. Economic needs test will be applied.

Slovenia:  The duration of stay for Barbadians supplying the 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 supply of these services via this form of supply.

Economic Partnership Agreement (EPA)

Back to Top

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 Barbados?

Key personnel, those considered to be managers and specialists from the Barbadian entertainment services firm, may live and work for up to three years, subject to the normal visa requirements.

Those senior staff whose responsibility is limited to setting up the entertainment services business are allowed to be there for 90 days during any 12-month period, and graduate trainees for up to one year – once again – subscribing to normal visa 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 condition of nationality when the authorisation for more than two years is required.

Economic Partnership Agreement (EPA)

Back to Top

Other than the restriction on the provision of audio-visual services, are there any other restrictions on Barbadian firms in the entertainment services field doing business in the EU?

The following conditions exist in these countries:

Cyprus, Czech Republic, Finland, Malta, Poland, Romania, Slovenia & Slovakia:  There is no commitment to permit the supply of these services. 

Bulgaria: There is no commitment to permit the supply of these services via this form of supply except for theatrical producer, singer group, band and orchestra entertainment services, services provided by authors, composers, sculptors, entertainers and other individual artists and ancillary theatrical 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 theatre services.

Latvia: There is no commitment to permit the supply of these services via this form of supply except for cinema theatre operation services

Economic Partnership Agreement (EPA)

Back to Top

What types of entertainment services can Barbadian interests invest it or own in the EU?

Under the CARIFORUM/EC Economic Partnership Agreement, Barbadian companies may invest in or establish a legal entity in the EU in the entertainment services.  The areas that are allowed for Barbadian investment are theatre, live banks, circus and discotheque services.  NOT allowed in this category, however, are audio-visual services.

Economic Partnership Agreement (EPA)

Back to Top