WRITTEN QUESTION E-0797/98 by Katerina Daskalaki (UPE) to the Commission (18 March 1998)

Subject: Putting guides on a par with tour operators

The European Union has a number of Member States with very ancient civilizations and archaeological remains which attract large numbers of tourists. Guided tours of archaeological sites are conducted in a responsible manner by guides with a university eduction who are frequently trained archaeologists, well able to provide an expert commentary on Europe's unique cultural heritage.

Will the Commission say what information it has about the initiative by the CEN (European standards centre) aimed at putting guides with an academic background on a par with tour operators and, in particular, with drivers of tourist coaches? Will it also say how it intends to react - and what measures it intends to take - to counter the pressure being exerted in this matter and notably to frustrate this latest attempt to debase Europe's humanist culture as part of a general lowering of cultural standards? Finally, will it say whether the manner in which this matter is being pursued is contrary to the principle of subsidiarity?

Answer given by Mr Papoutsis on behalf of the Commission (12 June 1998)

Although aware of the standardisation work currently being done in the field of tourism, the Commission has no information about the initiative by the European Standards Centre (CEN) to which the Honourable Member refers.

The information sent to the Commission about the work in question merely reports on discussions concerning the delimitation of the range of activity of two occupations - 'tourist guides' (guides touristiques) and 'tour managers' (accompagnateurs).

In this connection, it should be noted that the Commission is not responsible for defining the tasks relating to a given profession, and that each Member State is free to determine the level of qualifications needed to exercise such a profession on its territory. It is, however, the responsibility of the Commission to ensure compliance with the principle of the free movement of the professionals in question.

Reference should be made here to the 1992 Communication on the comparability of vocational training qualifications between the Member States in the tourism sector ((OJ C 320, 7.12.1992. )). This not only provides a description of the mutually agreed practical vocational requirements for tour managers, but also stipulates that a tour manager should not be confused with a tourist guide.

As early as 1989, the Commission pointed out that it had always made a clear distinction between the occupation of tourist guide and that of tour manager, in compliance with Directive 75/368/EEC, which laid down transitional measures for tour managers but excluded tourist guides. The Honourable Member is referred to the answer given by the Commission to Oral Question H-1012/88 put by Mr Petronio at Question Time during the March 1989 session ((Parliamentary debates (March 1989). )). In 1996, attention was again drawn to the fact that these two jobs were complementary but different and, as such, governed at Community level by different legal arrangements. The Honourable Member is referred to the answer given by the Commission to Written Question E-2615/96 by Mr Kellet-Bowman ((OJ C 72, 7.3.1997. )). The Commission's working paper on tourist guides, which was adopted in 1997 ((SEC(97) 837 final. )), provides all the relevant details about the applicable Community legislation currently in force.

In view of the distinction made between the occupation of tourist guide and that of tour manager, initiatives of the type referred to by the Honourable Member - aimed at allowing other tourism professionals to do the work of tourist guides - would appear to be at odds with the power of Member States to restrict the exercise of this profession to persons with the necessary qualifications.

The view expressed by the Honourable Member about the need to restrict interpretation of the cultural heritage to qualified professionals - in this case, tourist guides - is entirely justified. Indeed, the general interest in the proper appreciation of places and things of historical interest and the widest possible dissemination of knowledge of the artistic and cultural heritage of a county has been recognised by the Court of Justice in its 'tourist guide' judgements as justifying a restriction on the freedom to provide services in the case of 'museums or historical monuments which may be visited only with a specialised professional guide ((Judgements of 26.2.1991, Case C-154/89, C-180/89 and C-198/89, Reports 1991-1992. ))'.