Complexity crisis

For the music industry, peeling the onion of the EU–UK Trade and Cooperation Agreement (TCA) remains an eye-watering experience. What is the full impact of the deal on the livelihoods of British musicians? The answers to this complex question will continue to reveal themselves throughout 2021, but already a number of key issues have come to the fore. EU visas and work permits are now under public scrutiny: industry bodies have been up in arms at the added complexity and costs that will be involved for musicians and ensembles navigating the rules for multi-country tours. Given that differing visa and work permit rules now apply across each of the 27 EU member states and that applications are taking up to three months, it’s difficult to see how tours at short notice will be even remotely viable.

‘This is one of the most frustrating aspects of the TCA,’ says Musicians’ Union general secretary Horace Trubridge. ‘First, confusion has been rife due to the interchangeable use of the term “visa” to mean the right for UK citizens to visit the EU, and for EU citizens to visit the UK; and also the right to take paid work in those countries. UK citizens can indeed visit EU member states without requiring a “visa” and vice versa, but this does not necessarily include the right to work. In most cases it doesn’t. If a musician wants to work in an EU member state, then in most cases that musician will need a work permit under the current arrangements. This flies in the face of what the UK Government promised leading up to the departure from the EU. Right now, we are trying to ascertain which EU member states will require a work permit and how much it will cost.’

The matter of visa or work permit requirements for foreign nationals is of equal importance. In spite of promising a review of short-term visitor routes into the UK, there are still a number of issues that remain unresolved, such as that of Frontier Workers (EEA nationals who live in their own country and come regularly into the UK to fulfil work engagements). ‘Prior to the deal, the UK already legislated to amend its immigration laws to take account of Brexit,’ says UK Music’s deputy chief executive Tom Kiehl. ‘This means those coming from the EU will be treated as third countries.

Certificates of Sponsorship under the Tier 5 system will be needed, or touring musicians can enter the UK via a permitted paid engagement, or if they’re performing at a permit-free festival. The UK sector is used to operating under these systems for US artists to enter the UK, but there is likely to be increased demand, so visa and immigration services need to be adequately equipped to deal with this.’

‘It is increasingly frustrating not to be able to advise our members on what the rules actually are’ – Mark Pemberton, director, Association of British Orchestras

Other issues concerning musicians’ working lives include social security coordination. EU member states must have opted into the agreement concerning social security that was reached with the UK before 31 January. If they haven’t, social security coordination between that country and the UK will no longer be in place, meaning musicians will face the risk of double-charging of social security contributions. Where this does occur, performers should be reimbursed by producers, who themselves could pass on the cost to engagers. All of this puts further financial pressure on the viability of tours and engagements in particular territories. ‘We are deeply concerned that when at last musicians can resume live work, the costs and cumbersome bureaucracy involved in accepting engagements in EU member states will make it uneconomical for all but those with the deepest pockets,’ says Trubridge. ‘We urge the UK Government to deliver what they promised and put in place frictionless and admin-free mobility for UK musicians working in the EU, and EU musicians working in the UK. If this is not achieved, then the £5.8bn that the UK music industry is currently worth to the UK economy will be greatly reduced.’

Further ambiguity has been cited over whether ATA Carnets will be required for import and export between Great Britain and Northern Ireland as they are now required for the transport of goods, such as musical instruments, between the UK and EU. Such carnets provide a guarantee that goods will be returned to the UK, meaning customs duties will not be charged. Apart from the cost of a carnet and the additional administrative work involved, the absence of any mention of carnets in the Northern Ireland Protocol has had industry bodies perplexed. ‘We have been asking for clarification as to whether carnets will be needed for the transport of musical instruments between Great Britain and Northern Ireland,’ says Mark Pemberton, director of the Association of British Orchestras. ‘Twice now we have put this question directly to HMRC officials and we still don’t have an answer. It’s just one of many questions thrown up by Brexit, and it is increasingly frustrating to be left in the position of not being able to advise our members on what the rules actually are.’

‘It is in the interests of both the UK and the EU to provide an environment in which UK musicians can seamlessly tour throughout the EU and musicians from the EU are able to play in the United Kingdom without bureaucratic restrictions,’ stresses Kiehl. ‘It’s vital that the UK and EU get back around the negotiating table so that the outstanding issues raised by the deal can be resolved.’