Travel Agency, Tour Operator Services and Tour Guide Services

For those engaged in the Travel Industry, the Barbados Private Sector Trade Team has provided a series of questions and answers designed to address many of the issues you may have regarding access to the EC for your business.

May 08 2012 | Research

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

Travel Agents, Tour Operators and Tour Guides

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.

Travel Agents, Tour Operators and Tour Guides

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.

Travel Agents, Tour Operators and Tour Guides

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.

Travel Agents, Tour Operators and Tour Guides

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.

Travel Agents, Tour Operators and Tour Guides