WRITTEN QUESTION E-1004/00

by Karin Riis-Jørgensen (ELDR) to the Commission

(31 March 2000)

Subject: Unlawful restriction of free movement of labour

In order to be approved as an authorised tourist guide in Italy, the following conditions must be satisfied:

- Would-be guides must pass an Italian examination, which is not held on a regular basis; it may be up to 10-15 years before the next examination.

- Part of the examination consists of a test in written Italian. The standards are very strict and many of the foreign guides fail this part of the examination. The guides speak fluent Italian but often do not write as well as the national guides. The written Italian requirement does not seem relevant as the guides often guide in their native language.

- A passed examination only entitles the holder to practise in the town or region in which the examination was passed, which makes it impossible for guides to accompany groups on tours throughout the country.

Is it the Commission's view that this form of examination and issuing of authorisations is consistent with Community rules on the free movement of labour?

Answer given by Mr Bolkestein on behalf of the Commission

(17 May 2000)

The profession of tourist guide is subject in Italy to the possession of a qualification at the level indicated in Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC(1). The Directive provides that nationals from one Member State have the right to exercise in another Member State a profession for which they are fully qualified in their Member State of origin. The host Member State can require the migrant to undergo an adaptation period or an aptitude test when there are substantial differences between the migrant's education and training and the requirements in the host Member State.

Italy has implemented the Directive through a decree adopted in 1994 (Decreto Legislativo 2 maggio 1994, No 319). This decree provides that recognition can be made subject to the accomplishment of an adaptation period or an aptitude test, at the option of the applicant, when there are substantial differences between the applicant's training and the training laid down by national law. Applicants can assert their rights pursuant to this decree that appears in line with Community law.

As far as the Commission is aware, aptitude tests are regularly held for the applicants who have opted for this kind of compensatory measure. The test is in Italian, but it is aimed to assess the professional knowledge of the applicant on specific subjects necessary for the pursuit of the profession (i.e. archaeology or art history) and not linguistic skills. In any case, it is for the applicant to chose between the aptitude test and the adaptation period that does not involve a written examination.

As regards the geographical scope of the authorisations, the Commission would remind the Honourable Member that under the Directive the applicant has the right to exercise the profession on the same conditions as those which apply to the host Member State nationals. That said, the authorisations granted to Italian nationals under the provisions governing entry to this profession in Italy are no broader than the authorisations granted to Community nationals under the recognition system, as they are valid only in the region issuing them. The extension of the authorisation to other regions is governed by internal law, which applies equally to all Community nationals. The particular local cultural and historical aspects inherent to this area of activity would seem capable of justifying specific regional provisions. Therefore, the Commission takes the view there is no clear infringement of Community law.

(1) OJ L 30, 9.2.1995 (as last modified).