WRITTEN QUESTION E-3013/00 by Freddy Blak (PSE) to the Commission. Harassment of foreign tour guides.
Date: 2000-09-26
Institutions: European Parliament, Provisional data
Subjects: Italy, access to a profession, free movement of workers, freedom to provide services, infringement of EU law, national implementing measure, professional qualifications, recognition of diplomas, tourist guide, traineeship

18.4.2001

EN

Official Journal of the European Communities

C 113 E/229

Any action taken in response to the situation must not adversely affect the terms of competition between
Member States. It is to this end that when it met on 6 September the Commission defined for all sectors
affected a general orientation based on the need to devise a long-term strategy.

The Commission is perfectly ready to examine with the Member States the possibilities for action of the
types specified in Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down detailed
rules and arrangements regarding Community structural assistance in the fisheries sector (1). The provisions
of Article 88 (ex-93) of the EC Treaty must of course be respected.

(1) OJ L 337, 30.12.1999.

(2001/C 113 E/250)

WRITTEN QUESTION E-3013/00

by Freddy Blak (PSE) to the Commission

(26 September 2000)

Subject: Harassment of foreign tour guides

Several European cities have a local administration which prevents foreign couriers, guides and tour
managers from working in their area under local protectionist rules. These rules often require special
qualifications which only local guides can have.

A considerable number of tour guides have been arrested and have had to pay large fines for carrying out
their work, which is unacceptable and contrary to internal market rules on the free movement of labour. Is
it true that the Commission does not intend to take measures against a country such as Italy where
particularly flagrant breaches of the Treaty of Rome provisions on freedom of movement occur?

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

The situation to which the Honourable Member refers is well known to the Commission which maintains
many contacts with the professional sector as well as the national authorities. Particular reference should
be made to the working document on the question of tourist guides (1) as well as to the report to the
Council and the Parliament (2) upon the application of Council Directive 92/51/EEC of 18th June 1992 on
a second general system for the recognition of professional education and training to supplement Directive
89/48/EEC (3).

First of all, it should be remembered that Member States are free to determine the rules of access and
exercise of professions within their territory (provided that these rules are not discriminatory). They may,
in particular require the possession of a specific qualification or diploma before being able to take up a
given profession. These rules aim at guaranteeing a certain quality and are motivated for example by the
protection of public health, and the protection of consumers. However, nationals of Member States that
have obtained their qualification in another Member State are subject to Community law.

The profession of tourist guide is subject in Italy to the possession of a qualification at the level indicated
in Directive 92/51. 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(cid:146)s education and training and the requirements in the
host Member State.

Italy has implemented the Directive through a decree adopted in 1994 ((cid:145)Decreto Legislativo 2 maggio
1994, n.319(cid:146)). This decree provides that recognition can be made subject to the accomplishment of an
adaptation period or an aptitude test, at the choice of the migrant.

C 113 E/230

Official Journal of the European Communities

EN

18.4.2001

As for the application of these rules by cities, to which the Honourable Member refers, each Member State
is free to delegate powers to its domestic authorities as it considers fit, and to implement directives by
means of measures adopted by regional or local authorities. That division of powers does, however, not
release it from the obligation to ensure that the provisions of the directive are properly implemented in
national law (4).

The imposition of administrative or even penal fines upon people exercising a regulated profession without
qualification or without prior recognition of their qualification obtained in another Member State is in
principle not contrary to the above rules. As a matter of fact, the Commission has never received any
complaint concerning a refusal by a Member State to recognise a tourist guide qualification or concerning
any particular difficulty regarding recognition procedures in this area.

As regards the imposition of fines on tour managers, the problem appears to be due mainly to a confusion
between the profession of tour manager and that of tourist guide. The competence for the definition of the
scope of these two professions lies with the Member States. The facts brought so far to the Commission(cid:146)s
attention in this context do not indicate a practice that could constitute an infringement of the EC Treaty.
The Commission would in any case remind the Honourable Member that Article 49 (ex-Article 59) of the
EC Treaty (freedom to provide services) has direct effect and confers rights on individuals that national
Interested parties can hence best protect their individual rights by
authorities are bound to respect.
applying to national courts for the annulment of fines they deem to be imposed in violation of these
provisions.

(1) SEC(97) 837 final.
(2) MARKT/D4/8052/4/99.
(3) OJ L 209, 24.7.1992 (OJ L 30, 9.2.1995) (as last modified).
(4) ECJ C-227-230/85.

(2001/C 113 E/251)

WRITTEN QUESTION E-3017/00

by Elizabeth Lynne (ELDR) to the Commission

(26 September 2000)

Subject: EU legislation on hygienic cutlery wrapping

Does the Commission have any information on whether there is presently any EU legislation pending or
passed on the hygienic presentation of wrapped cutlery in hospitals? Is there a statutory requirement for
fully wrapped and sealed cutlery in hospitals?

Answer given by Mr Byrne on behalf of the Commission

(31 October 2000)

There is no Community legislation regarding the hygienic presentation of cutlery wrapping in hospitals.
Likewise, there is no statutory requirement for fully wrapped and sealed cutlery in hospitals. As health care
systems are a national responsibility, national legislation may exist for each Member State in this area.

(2001/C 113 E/252)

WRITTEN QUESTION E-3022/00

by Mar(cid:237)a Sornosa Mart(cid:237)nez (PSE) to the Commission

(26 September 2000)

Subject: Need to standardise the colour of the lights on emergency vehicles in the Community

In Spain the colour of the lights on emergency vehicles has not so far been brought into line with the
colour used in other Community countries, where such lights are blue. This means that priority and