WRITTEN QUESTION E-3935/00 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Discriminatory treatment of a free-lance German study tour guide by Italian police.
Date: 2000-12-13
Institutions: European Parliament, Provisional data
Subjects: Germany, Italy, examination, fine, freedom to provide services, tourist guide

6.6.2001

EN

Official Journal of the European Communities

C 163 E/229

To what extent is the Commission prepared to follow the EPA(cid:146)s (cid:145)Emission Standards Locomotives (63 Final
Rule 18977)(cid:146)?

Does the Commission have a plan for phasing out obsolete (diesel) locomotives, or a programme for
bringing the emission standards for goods transport by rail in line with the standards in force for road
transport and inland waterways?

(1) OJ L 59, 27.2.1998, p. 1.

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(9 January 2001)

Directive 97/68/EC of the Parliament and of the Council of 16 December 1997 on the approximation of
the laws of the Member States relating to measures against the emission of gaseous and particulate
pollutants from internal combustion engines to be installed in non-road mobile machinery (1) has certain
limitations. It only covers compression ignition (diesel) engines with a power output between 18 and 560
kilowatt (kW). Furthermore certain applications are exempted (cid:129) not only railway locomotives but ships,
aircrafts and generating sets as well.

In recital 5 of the Directive, an extension of the scope to cover also gasoline engines is foreseen. A proposal
on this topic is currently on its way and will hopefully be adopted by the Commission shortly. A third
stage of emission limits for the compression ignition engines is also foreseen (Article 19) and the
development in this respect has recently started.

A possible extension of the scope of the Directive, to also cover ships and railway locomotives, is still to
be decided upon but it will be considered in connection with the ongoing development of the stage III for
compression ignition engines. If deciding to do so, a world-wide alignment will be an issue of high priority
and in that content current legislation in the United States will be of particular interest.

Furthermore, the Commission adopted on 12 October 2000 a proposal (2) for modification of the Directive
94/25/EC of the Parliament and of the Council of 16 June 1994 on the approximation of the laws,
regulations and administrative provisions of the Member States relating to recreational craft (3) to include
exhaust and sound emissions requirements on spark-ignition and compression ignition recreational marine
engines installed on pleasure boats.

(1) OJ L 59, 27.2.1998.
(2) COM(2000) 639 final.
(3) OJ L 164, 30.6.1994.

(2001/C 163 E/270)

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(cid:146)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.

C 163 E/230

Official Journal of the European Communities

EN

6.6.2001

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(cid:146)s view of the Italian Government(cid:146)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.
P-0901/00 by Mr Evans (1) and E-1004/00 by Mrs Jorgensen (2).

The Commission would refer the Honourable Member to its answers to Written Questions

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 (cid:145)museums or
historical monuments which may be visited only with a specialised professional guide(cid:146).

In order to comply with the Court of Justice(cid:146)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(cid:146)s part.

According to the Court of Justice case-law, the general interest that justify the restriction at issue is
interest(cid:146) and (cid:145)the widest dissemination of

3.
(cid:145)the proper appreciation of places and things of historical
knowledge of the artistic and cultural heritage(cid:146) 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.