Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and Barbados on the short-stay visa waiver
Date: 2009-02-12
Institutions: European Commission
Subjects: Barbados, EU visa policy, European Community, admission of aliens, residence permit, signature of an agreement

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.2.2009 
COM(2009) 50 final 

2009/0014 (CNS) 

Proposal for a  

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and Barbados on the short-stay visa waiver 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Barbados on 
the short-stay visa waiver 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

POLITICAL AND LEGAL BACKGROUND 

Council  Regulation  (EC)  No  1932/20061  amended  Council  Regulation  (EC)  No  539/20012 
listing the third countries whose nationals must be in possession of visas when crossing the 
external borders of the European Union (negative list), and those whose nationals are exempt 
from that requirement (positive list) by - inter alia - transferring six third countries from the 
negative  to  the  positive  list.  These  are  Antigua  and  Barbuda,  the  Bahamas,  Barbados, 
Mauritius, Saint Kitts and Nevis and the Seychelles. The Regulation also points out that the 
exemptions  from  the  visa  requirement  for  nationals  of  these  countries  should  not  come  into 
force  before  a  bilateral  visa  waiver  agreement  between  the  European  Community  and  the 
countries in question has been concluded and entered into force. This Regulation was adopted 
on 21 December 2006 and entered into force in January 2007. 

In  the  meantime,  as  from  15  January  2007  (later  shifted  to  1  February)  the  CARICOM 
countries introduced a special visa regime for the nationals of several EU Member States (EU 
nationals  were  treated  unequally  as  the  citizens  of  the  other  Member  States  remained 
exempted  from  the  visa  obligation)  due  to  the  Cricket  World  Cup  2007  taking  place  in  the 
Caribbean  Community.  The  introduction  of  this  visa  requirement  despite  the  favourable 
provisions of the new Community Regulation led to the postponement of the preparation of 
the draft mandates for negotiations with these third countries on the visa waiver. 

Having regard to the expiry of the temporary visa regime on 15 May 2007, the mandates for 
negotiation  with  the  six  countries  have  been  adopted  by  the  Council  on  5  June  2008. 
Meanwhile, a preliminary meeting with the representatives of the six countries concerned on 
certain institutional and technical issues took place in Brussels on 13 March 2008.  

The formal negotiations on the visa waiver were opened in July 2008 separately with each of 
the  six  countries.  The  second  round  of  negotiations  was  held  on  16  October  2008  in  the 
format of a joint meeting.  

The Member States have been informed and consulted three times in the Visa Working Party 
of the Council. 

The Agreements were initialled with four out of the six countries concerned on 12 November 
2008 and with the two others on 19 November.  

On  the  part  of  the  Community,  the  legal  basis  for  the  Agreement  is  Article  62(2)(b)(i),  in 
conjunction with Article 300 of the TEC. 

The attached proposals constitute the legal instruments for the signature and conclusion of the 
Agreement.  The  Council  will  decide  by  qualified  majority.  The  European  Parliament  will 
have to be formally consulted on the conclusion of the Agreement, in accordance with Article 
300(3) of the TEC. 

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OJ L 405, 30.12.2006, p.23 
OJ L 81, 21.3.2001, p.1 

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Taking into account the time period elapsed between the transfer of Barbados to the positive 
list by amending Council Regulation (EC) No 539/2001 and the conclusion of the visa waiver 
Agreement, the fact that Barbados will be able to complete its internal ratification procedure 
within a short period of time, and also having regard to the situation of Switzerland who will 
apply  the  Schengen  acquis  in  full  as  from  December  2008  and  already  exempts  Barbados 
from  the  visa  requirement,  the  proposed  decision  on  the  signature  sets  out  the  provisional 
application of the Agreement as from the date of its signature in accordance with Article 300 
(2) of the TEC. 

The proposed decision concerning the conclusion sets out the necessary internal arrangements 
for  the  practical  application  of  the  Agreement.  In  particular,  it  specifies  that  the  European 
Commission, assisted by experts from Member States, represents the Community within the 
Joint Committee set up by Article 6 of the Agreement.  

Under  Article  6  (4),  the  Joint  Committee  will  adopt  its  own  rules  of  procedure.  The 
Community  position  in  this  regard  shall  be  established  by  the  Commission  in  consultation 
with a special committee designated by the Council. 

2. 

OUTCOME OF THE NEGOTIATIONS 

The Commission considers that the objectives set by the Council in its negotiating directives 
were attained and that the draft visa waiver agreement is acceptable to the Community. 

The final content of it can be summarised as follows: 

Purpose 

The agreement provides for visa-free travel for the citizens of the European Union and for the 
citizens  of  Barbados  when  travelling  to  the  territory  of  the  other  Contracting  Party  for  a 
maximum period of three months during a six months period.  

European  citizens  are  already  exempt  from  the  visa  obligation  by  Barbados,  however  for 
different  periods.  In  order  to  safeguard  equal  treatment  of  all  EU  citizens,  a  provision  has 
been  included  in  the  Agreement  stating  that  Barbados  may  suspend  or  terminate  the 
Agreement  only  in  respect  of  all  the  Member  States  of  the  European  Community  and, 
reciprocally, the Community may also suspend or terminate the Agreement only in respect of 
all of its Member States. 

The specific situation of the United Kingdom and Ireland is reflected in the preamble.  

Scope 

The  visa  waiver  covers  all  categories  of  persons  (ordinary,  diplomatic  or  service/official 
passport holders) travelling for all kinds of purposes, except for the purpose of carrying out a 
paid  activity.  For  this  latter  category,  each  Member  State  and  also  Barbados  remain  free  to 
impose  the  visa  requirement  on  the  citizens  of  the  other  Party  in  accordance  with  the 
applicable Community or national law. In order to ensure harmonised implementation, a joint 
declaration  is  attached  to  the  Agreement  on  the  interpretation  of  the  category  of  persons 
travelling for the purpose of carrying out a paid activity. 

Duration of stay 

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The agreement takes into account the situation of the Member States that do not yet apply the 
Schengen  acquis  in  full.  As  long  as  they  are  not  part  of  the  Schengen  area  without  internal 
borders, the visa waiver confers a right for the nationals of Barbados to stay for three months 
on the territory of each of those Member States (Cyprus, Bulgaria, Romania), independently 
of the period calculated for the whole Schengen area. 

Territorial application 

The agreement contains provisions related to its territorial application: in the case of France 
and the Netherlands, the visa waiver would entitle nationals of the six countries to stay only in 
those Member States’ European territories. 

Declarations 

Other joint declarations are attached to the Agreement: 

-  on  the  full  dissemination  of  information  about  the  content  and  consequences  of  the  visa 
waiver agreement and related issues, such as the entry conditions, and 

-  on  the  interpretation  of  the  period  of  three  months  during  a  six  month-period  in  the 
Schengen area.  

The  close  association  of  Norway,  Iceland,  Switzerland  and  Liechtenstein 
the 
implementation, application and development of the Schengen acquis is likewise reflected in a 
joint declaration to the Agreement. 

to 

3. 

CONCLUSIONS 

In the light of the above-mentioned results, the Commission proposes that the Council 

–  decide  that  the  Agreement  be  signed  on  behalf  of  the  Community  and  authorise  the 
President of the Council to appoint the person(s) duly empowered to sign on behalf of the 
Community; 

–  approve the provisional application of the Agreement pending its entry into force; 

–  approve,  after  consultation  of  the  European  Parliament,  the  attached  Agreement  between 

the European Community and Barbados on the short-stay visa waiver. 

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Proposal for a  

COUNCIL DECISION 

on the signature and provisional application of the Agreement between the European 
Community and Barbados on the short-stay visa waiver 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(b)(i), in conjunction with the first sentence of the first subparagraph of Article 
300(2) thereof, 

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

Council  Regulation  (EC)  No  1932/2006  amended  Council  Regulation  (EC)  No 
539/2001  listing  the  third  countries  whose  nationals  must  be  in  possession  of  visas 
when  crossing  the  external  borders  of  the  European  Union  (negative  list),  and  those 
whose  nationals  are  exempt  from  that  requirement  (positive  list)  by  -  inter  alia  - 
transferring Barbados from the negative to the positive list. The Regulation also points 
out that the exemptions from the visa requirement should not come into force before a 
bilateral visa waiver agreement between the European Community and Barbados has 
been concluded and entered into force. 

By its decision of 5 June 2008, the Council authorised the Commission to negotiate an 
agreement  between  the  European  Community  and  Barbados  on  the  short-stay  visa 
waiver. 

Negotiations  on  the  agreement  were  opened  on  7  July  2008  and  concluded  on  16 
October 2008. 

Subject to its possible conclusion at a later date, the Agreement initialled in Brussels 
on 12 November 2008, should be signed….. 

This  decision  on  the  signature  should  provide  for  the  provisional  application  of  the 
Agreement in accordance with Article 300 (2) of the TEC. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

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HAS DECIDED AS FOLLOWS:  

Article 1 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person(s)  empowered  to  sign,  on  behalf  of  the  European 
Community,  the  Agreement  between  the  European  Community  and  Barbados  on  the  short-
stay visa waiver, consisting of the text of the agreement and the related declarations. 

Article 2 

The Agreement shall be applied on a provisional basis pending completion of the procedures 
for conclusion, as from the date of its signature. 

Done at Brussels,  

For the Council 
The President 

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2009/0014 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and Barbados on 
the short-stay visa waiver 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 62(2)(b)(i), in conjunction with the first sentence of the first subparagraph of Article 
300(2) and the first subparagraph of Article 300(3) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5 

Whereas:  

(1) 

(2) 

(3) 

(4) 

The Commission has negotiated on behalf of the European Community an Agreement 
with Barbados on the short-stay visa waiver.  

This  Agreement  has  been  signed,  on  behalf  of  the  European  Community,  on 
…….2009  subject  to  its  possible  conclusion  at  a  later  date,  in  accordance  with 
Decision……../……/EC of the Council of [………….] 

The Agreement establishes a Joint Committee for the management of the Agreement, 
which  shall  adopt  its  rules  of  procedure.  It  is  appropriate  to  provide  for  a  simplified 
procedure for the establishment of the Community position in this case. 

In  accordance  with  the  Protocol  on  the  position  of  the  United  Kingdom  and  Ireland, 
and the Protocol integrating the Schengen acquis into the framework of the European 
Union,  the  United  Kingdom  and  Ireland  do  not  take  part  in  the  adoption  of  this 
Decision and are therefore not bound by it or subject to its application. 

HAS DECIDED AS FOLLOWS: 

The  Agreement  between  the  European  Community  and  Barbados  on  the  short-stay  visa 
waiver is hereby approved on behalf of the Community. 

Article 1 

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The text of the agreement is attached to this Decision. 

Article 2 

The  President  of  the  Council  shall  give  the  notification  provided  for  in  Article  8  (1)  of  the 
Agreement6. 

The Commission, assisted by experts from Member States, shall represent the Community in 
the Joint Committee of experts established by Article 6 of the Agreement. 

Article 3 

Article 4 

The  position  of  the  Community  within  the  Joint  Committee  of  experts  with  regard  to  the 
adoption  of  its  rules  of  procedure  as  required  under  Article  6(4)  of  the  Agreement  shall  be 
taken  by  the  Commission  after  consultation  with  a  special  committee  designated  by  the 
Council. 

Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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The date of entry into force of the Agreement will be published in the Official Journal of the European 
Union [by the General Secretariat of the Council]. 

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ANNEX  

AGREEMENT 

between 

the European Community and Barbados 

on the short-stay visa waiver 

The European Community, hereinafter referred to as "the Community" 

and 

Barbados 

hereinafter referred to as the Contracting Parties; 

1) 

2) 

3) 

4) 

5) 

6) 

7) 

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With a view to further developing friendly relations between the Contracting Parties 
and  desiring  to  facilitate  travel  by  ensuring  visa-free  entry  and  short  stay  for  their 
citizens; 

Having  regard  to  Council  Regulation  (EC)  No  1932/20067  of  21  December  2006, 
amending  Council  Regulation  (EC)  No  539/20018  listing  the  third  countries  whose 
nationals must be in possession of visas when crossing the external borders and those 
whose  nationals  are exempt from  that requirement  by  – inter alia  –  transferring  six 
third countries, including Barbados to the list of third countries whose nationals are 
exempt from the visa requirement for short stays in the EU Member States; 

Bearing in mind that Article 2 of Council Regulation (EC) No 1932/2006 states that 
for these six countries, the exemption from the visa requirement is to be applied only 
from the date of entry into force of an agreement on visa exemptions which is to be 
concluded by the European Community with the country in question; 

Recognising  that  the  citizens  of  all  Member  States  are  exempted  from  the  visa 
requirement when travelling to Barbados, however for different periods of 28 days or 
6 months; 

Desiring to safeguard the principle of equal treatment of all EU citizens; 

Taking  into  account  that  persons  travelling  for  the  purpose  of  carrying  out  a  paid 
activity during their short stay are not covered by this Agreement and therefore for 
this category the relevant rules of Community and national law of the Member States 
and  the  national  law  of  Barbados  continue  to  apply  on  the  visa  obligation  or 
exemption and on the access to employment; 

Taking into account the Protocol on the position of the United Kingdom and Ireland 
and the Protocol integrating the Schengen acquis into the framework of the European 

OJ L 29, 3.2.2007, p. 10. 
OJ L 81, 21.3.2001, p. 1. 

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Union,  annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the 
European  Community  and  confirming  that  the  provisions  of  this  agreement  do  not 
apply to the United Kingdom and Ireland; 

HAVE AGREED AS FOLLOWS: 

Article 1 – Purpose 

This agreement provides for visa-free travel for the citizens of the European Union and for the 
citizens  of  Barbados  when  travelling  to  the  territory  of  the  other  Contracting  Party  for  a 
maximum period of three months during a six months period. 

For the purpose of this Agreement: 

Article 2 – Definitions 

(a) 

(b) 

(c) 

(d) 

"Member State" shall mean any Member State of the European Union, with the 
exception of the United Kingdom and Ireland; 

" a citizen of the European Union" shall mean a national of a Member State as 
defined in point (a); 

"a  citizen  of  Barbados  "  shall  mean  any  person  who  holds  the  citizenship  of 
Barbados; 

"Schengen  area"  shall  mean  the  area  without  internal  borders  comprising  the 
territories of the Member States as defined in point (a) applying the Schengen 
acquis in full; 

Article 3 – Scope of application 

1. 

The  citizens  of  the  European  Union  holding  a  valid  ordinary,  diplomatic  or 
service/official passport issued by a Member State may enter and stay without a visa 
in the territory of Barbados for the period of stay as defined in Article 4 (1). 

The  citizens  of  Barbados  holding  a  valid  ordinary,  diplomatic  or  service/official 
passport issued by Barbados may enter and stay without a visa in the territory of the 
Member States for the period of stay as defined in Article 4 (2). 

2. 

Paragraph  1  does  not  apply  to  persons  travelling  for  the  purpose  of  carrying  out  a 
paid activity.  

For this category of persons, each Member State individually may decide to impose 
the  visa  requirement  on  the  citizens  of  Barbados  or  to  withdraw  it  according  to 
Article 4 (3) of Council Regulation (EC) No 539/2001. 

Barbados may decide on the visa requirement or the visa waiver for this category of 
persons  for  the  citizens  of  each  Member  State  individually  in  accordance  with  its 
national law. 

3. 

The  visa  waiver  provided  by  this  Agreement  shall  apply  without  prejudice  to  the 
laws of the Contracting Parties relating to the conditions of entry and short stay. The 

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4. 

5. 

1. 

2. 

3. 

1. 

2. 

1. 

Member States and Barbados reserve the right to refuse entry into and short stay in 
their territories if one or more of these conditions are not met. 

The visa waiver applies regardless of the mode of transport used to cross the borders 
of the Contracting Parties. 

Issues not covered by this Agreement shall be governed by Community law, national 
law of the Member States and by national law of Barbados. 

Article 4 - Duration of stay 

The  citizens  of  the  European  Union  may  stay  in  the  territory  of  Barbados  for  a 
maximum  period of  three  months  during a  six months period following the date of 
first entry into the territory of the country. 

The  citizens  of  Barbados  may  stay  in  the  Schengen  area  for  a  maximum  period  of 
three  months  during  a  six  months  period  following  the  date  of  first  entry  into  the 
territory  of  any  Member State  fully  applying  the  Schengen  acquis.  This  period  of 
three months during a period of six months shall be calculated independently of any 
stay in a Member State which does not yet apply the Schengen acquis in full. 

The citizens of Barbados may stay for a maximum period of three months during a 
six  months  period  following  the  date  of  first  entry  in  the  territory  of  each  of  the 
Member States  that  do  not  yet  apply  the  Schengen  acquis  in  full,  independently  of 
the period of stay calculated for the Schengen area. 

This Agreement does not affect the possibility for Barbados and the Member States 
to extend the period of stay beyond three months in accordance with national law and 
Community law.  

Article 5 – Territorial application 

As regards the French Republic, the provisions of this Agreement shall apply only to 
the European territory of the French Republic. 

As regards the Kingdom of the Netherlands, the provisions of this Agreement shall 
apply only to the European territory of the Kingdom of the Netherlands. 

Article 6 – Joint Committee for the management of the Agreement 

The  Contracting  Parties  shall  set  up  a  Joint  Committee  of  experts  (hereinafter 
referred  to  as  the  "Committee"),  composed  of  representatives  of  the  European 
Community and of Barbados. The Community shall be represented by the European 
Commission. 

2. 

The Committee shall – inter alia – have the following tasks: 

(a) 

(b) 

monitoring the implementation of the present Agreement; 

suggesting amendments or additions to the present Agreement; 

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(c) 

settling  disputes  arising  from  the  interpretation  or  application  of  the 
provisions of this Agreement. 

The  Committee  shall  be  convened  whenever  necessary  at  the  request  of  one  of  the 
Contracting Parties. 

The Committee shall establish its rules of procedure. 

3. 

4. 

Article 7 – Relation between this agreement and existing bilateral visa waiver agreements 
between the Member States and Barbados 

This  Agreement  shall  take  precedence  over  the  provisions  of  any  bilateral  agreements  or 
arrangements  concluded  between  individual  Member  States  and  Barbados,  in  so  far  as  their 
provisions cover issues falling within the scope of this Agreement.  

1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 8 – Final provisions 

This  Agreement  shall  be  ratified  or  approved  by  the  Contracting  Parties  in 
accordance with their respective internal procedures and shall enter into force on the 
first  day  of  the  second  month  following  the  date  on  which  the  Contracting  Parties 
notify each other that the procedures referred to above have been completed.  

This  Agreement  is  concluded  for  an  indefinite  period  of  time,  unless  terminated  in 
accordance with paragraph 5 of this article. 

This  Agreement  may  be  amended  by  written  agreement  of  the  Contracting  Parties. 
Amendments  shall  enter  into  force  after  the  Contracting  Parties  have  notified  each 
other of the completion of their internal procedures necessary for this purpose. 

Each  Contracting  Party  may  suspend  in  whole  or  in  part  this  Agreement,  in 
particular, for reasons of public policy, protection of national security or protection 
of public health, illegal immigration or the reintroduction of the visa requirement by 
either  Contracting  Party.  The  decision  on  suspension  shall  be  notified  to  the  other 
Contracting Party not later than 2 months before its entry into force. The Contracting 
Party that has suspended the application of this Agreement shall immediately inform 
the other Contracting Party once the reasons for suspension no longer exist. 

Each Contracting Party may terminate this Agreement by giving written notice to the 
other Party. This Agreement shall cease to be in force 90 days after the date of such 
notification. 

Barbados  may  suspend  or  terminate  this  Agreement  only  in  respect  of  all  the 
Member States of the European Community. 

The Community may suspend or terminate this Agreement only in respect of all of 
its Member States. 

Done at Brussels,  

in duplicate each in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, 
German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish,  Portuguese, 

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Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts  being 
equally authentic. 

For the European Community 

For  Barbados

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JOINT  DECLARATION  WITH  REGARD  TO  ICELAND,  NORWAY,  SWITZERLAND  AND 
LIECHTENSTEIN 

The Contracting Parties take note of the close relationship between the European Community 
and Norway, Iceland, Switzerland and Liechtenstein, particularly by virtue of the Agreements 
of 18 May 1999 and 26 October 2004 concerning the association of these countries with the 
implementation, application and development of the Schengen acquis. 

In  such  circumstances  it  is  desirable  that  the  authorities  of  Norway,  Iceland,  Switzerland, 
Liechtenstein,  on  the  one  hand,  and  Barbados,  on  the  other  hand,  conclude,  without  delay, 
bilateral agreements on visa waiver for short stay in similar terms as this Agreement between 
the European Community and Barbados. 

JOINT  DECLARATION  ON  THE  INTERPRETATION  OF  THE  CATEGORY  OF  PERSONS 
TRAVELLING  FOR  THE  PURPOSE  OF  CARRYING  OUT  A  PAID  ACTIVITY  AS  PROVIDED  IN 
ARTICLE 3 (2) OF THIS AGREEMENT 

Desiring to ensure a common interpretation, the Contracting Parties agree that, for the purpose 
of this agreement, the category of persons carrying out a paid activity covers persons entering 
for the purpose of carrying out a gainful occupation/remunerated activity in the territory of the 
other Contracting Party as an employee or as a service provider. 

This category should not cover: 

–  businesspersons,  i.e.  persons  travelling  for  the  purpose  of  business  deliberation  (without 

being employed in the country of the other Contracting Party), 

–  sportspersons and artists performing an activity on an ad hoc basis, 

–  journalists sent by the media of their country of residence and 

–  intra-corporate trainees. 

The implementation of this Declaration shall be monitored by the Joint Committee within its 
responsibility under Article 6 of this Agreement, which may propose modifications when – on 
the basis of the experiences of the Contracting Parties – it considers it necessary. 

JOINT DECLARATION ON THE INTERPRETATION OF THE PERIOD OF THREE MONTHS DURING 
A SIX MONTHS PERIOD FOLLOWING THE DATE OF FIRST ENTRY AS SET OUT IN ARTICLE 4 OF 
THIS AGREEMENT 

The Contracting Parties agree that the maximum period of three months during a six months 
period following the date of first entry into the territory of Barbados or the Schengen area as 
provided  by  Article  4  of  this  Agreement  means  either  a  continuous  visit  or  several 
consecutive  visits,  the  duration  of  which  does  not  exceed  three  months  in  any  six  months 
period in total. 

JOINT  DECLARATION  ON  THE  INFORMATION  OF  THE  CITIZENS  ABOUT  THE  VISA  WAIVER 
AGREEMENT 

Recognising  the  importance  of  transparency  for  the  citizens  of  the  European  Union  and 
Barbados, the Contracting Parties agree to ensure full dissemination of information about the 

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content and consequences of the visa waiver agreement and related issues, such as the entry 
conditions. 

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