WRITTEN QUESTION E-3935/97 by Graham Mather (PPE) to the Commission (12 December 1997)

Subject: Right of professional tour guides to exercise their profession throughout the EU

Under Directive 75/368/EEC ((OJ L 167, 30.6.1975, p. 22. )), the freedom of EU citizens to provide services in respect of various activities is established. In the Annex to the Directive, activities falling under 'recreation services' are included in the provisions of the Directive. 'Interpreter-guides' are also specifically referred to in the Annex. Pursuant to this Directive, Member States' competent authorities issue European Community Certificates of Experience (or equivalent), upon presentation of which professional archeological tour guides are entitled to exercise their profession at sites of interest within the Union.

Under Greek national law 273/93, however, the guiding of parties around historical sites is expressly prohibited.

1. What procedures does the Commission have in place to ensure the freedom of professional tour guides to provide their services throughout the Union?

2. Is the Commission aware of this particular apparent breach of Community law, and if so what steps have been taken to redress it?

Answer given by Mr Monti on behalf of the Commission (2 February 1998)

Council Directive 75/368/EEC of 16 June 1975 on measures to facilitate the effective exercise of freedom of establishment and freedom to provide services in respect of various activities (ex ISIC Division 01 to 85) and, in particular, transitional measures in respect of those activities, to which the Honourable Member refers, is applicable to couriers and interpreter-guides. This Directive expressly states that it does not apply to the activities of tourist guides. In this respect, the Commission would refer the Honourable Member to the answer given to Written Question 2615/95 by Mr Kellet-Bowman ((OJ C 72, 7.3.1997. )) and would also draw his attention to an earlier communication on the comparability of vocational training qualifications between Member States ((OJ C 320, 7.12.1992. )), which makes it clear that the professional profile of a courier should not be confused with that of a tourist guide.

The Greek legislation referred to by the Honourable Member concerns the activity of tourist guides and does not, therefore, constitute a transposal of Directive 75/368/EEC since tourist guides are expressly excluded from the scope of that Directive. There is thus no reason to examine whether the Greek legislation in question complies with the Directive since they do not deal with the same subject.

The Commission has already looked into the issue of obstacles to the freedom to provide tourist guide services. It availed itself of the measures provided for in the EC Treaty (infringement proceedings under Article 169 of the EC Treaty), which led to the judgment of 26 February 1991 by the Court of Justice ((Case C-189/89 Commission v Greece -1991- ECR J-735. )). In this judgment, the Court ruled that the Greek legislation on tourist guides in force at the time was incompatible with Article 59 of the EC Treaty (freedom to provide services).

Subsequently, the Commission initiated proceedings under Article 171 of the EC Treaty for non-enforcement of the Court judgment. In this connection, Greece notified draft decree 273/93, which it was drawing up in order to comply with the judgment. Deeming this draft to contain provisions that did not constitute a satisfactory enforcement of the Court judgment, the Commission called upon Greece to make certain amendments. The draft decree was amended to take into account the requests made by the Commission. Accordingly, the Commission, at its meeting on 26 June 1997, decided to terminate the infringement proceedings against Greece.

By way of further information, the Honourable Member's attention is drawn to the working paper adopted by the Commission on the question of tourist guides ((SEC(97) 837 final. )).