WRITTEN QUESTION E-3935/00

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(13 December 2000)

Subject: Discriminatory treatment of a free-lance German study tour guide by Italian police

The Italian Government requires foreign tour guides to pass the local tour guide exam in every city they intend to visit before they may offer their services in Italy. That even applies to tour groups from the guide's country of origin (in this case, Germany).

On that basis, the Italian police prohibited a German study tour guide from continuing to take a German group through the cathedral in Lucca, Italy, on 17 May 2000. After her name and address and those of the tour company involved had been taken down, she and her group were ordered to leave the cathedral immediately and not to utter another word. The Italian police then imposed on her a fine of ITL 1 666 666.

The tour guide involved takes the view that local tour guides are frequently incapable of properly accompanying a group such as hers, since they are generally unaware of the connections between the places visited by the group and of the interests and prior knowledge of the visitors. Taking local exams is impossible for the guide involved on practical grounds, if on no other, since the courses last several months and, what is more, are taught only at very irregular intervals (every eight years).

1. What is the Commission's view of the Italian Government's instruction referred to above and of the conduct of the police, given the ban on discrimination in the provision of services set out in Article 49 of the EC Treaty and the consistent case law of the European Court of Justice?

2. What action will the Commission take if it establishes that the Italian Government and authorities have breached Article 49 of the EC Treaty?

3. If it deems that the Italian authorities acted lawfully, where does the Commission see the general interest grounds which would justify the restriction on the freedom to provide services, and why does it consider that the further conditions are met which, according to the case law of the European Court of Justice, are required if a restriction is to be authorised?

Answer given by Mr Bolkestein on behalf of the Commission

(29 January 2001)

1. and 2. The Commission would refer the Honourable Member to its answers to Written Questions P-0901/00 by Mr Evans(1) and E-1004/00 by Mrs Jorgensen(2).

The fine imposed on the German tour guide does not appear to be in contradiction with Community law. In Italy the profession of tourist guide is regulated, i.e. the access to and the exercise of this profession is subject to the possession of a licence. The Court of Justice has clearly ruled that making the provision of services of tourist guides subject to the possession of a professional licence infringes the freedom to provide services, where those services consist in guiding tourists in places other than museums or historical monuments which may be visited only with a specialised professional guide.

In order to comply with the Court of Justice's case-law, the Italian authorities have adopted regional lists which identify the sites covered by this exception. Consequently, tourist guides from other Member States wishing to guide groups in these sites may be subject to the professional qualification requirements imposed by the Italian legislation. In other words, they should obtain the licence required either through the national training system or through the recognition of their qualifications awarded in another Member State.

The Italian authorities are free to enforce their legislation through the imposition of fines. Italian law provides for the punishment of tour guides infringing these provisions irrespective of their nationality. Therefore, the fines do not appear discriminatory. Thus, there is no element that could justify an action on the Commission's part.

3. According to the Court of Justice case-law, the general interest that justify the restriction at issue is the proper appreciation of places and things of historical interest and the widest dissemination of knowledge of the artistic and cultural heritage of a Member State(3).

(1) OJ C 374 E, 28.12.2000, p. 181.

(2) OJ C 374 E, 28.12.2000, p. 199.

(3) See judgment of 26.2.1991 in case C-154-89, paragraph 21.