WRITTEN QUESTION P-0360/01 by Werner Langen (PPE-DE) to the Commission. Obstacles to the work of travel guides in Portugal.
Date: 2001-02-08
Institutions: European Parliament, Provisional data
Subjects: Portugal, free movement of workers, freedom to provide services, infringement of EU law, recognition of vocational training qualifications, tourist guide

C 174 E/260

Official Journal of the European Communities

EN

19.6.2001

Answer given by Mr Liikanen on behalf of the Commission

(14 March 2001)

The Commission would refer the Honourable Member to its answer to written E-3672/00 by Mr Staes (1).

(1) OJ C 151 E, 22.5.2001, p. 199.

(2001/C 174 E/284)

WRITTEN QUESTION P-0342/01

by Reinhold Messner (Verts/ALE) to the Commission

(6 February 2001)

Subject: Community contribution to tourist infrastructure in Valesia and on Monterosa

In its answer to my Written Question P-3610/00 (1), the Commission said that it was not aware of the
situation described and would take the appropriate steps to gather detailed information on the subject and
ensure compliance with Community law.

60 % of the Community contribution of Lit 4 943 billion for the cableway between Valsesia and Valle di
Gressoney has been allocated, with the remainder to be made available once the project has been
approved.

This contribution has actually been used for a road rising to a height of 2 500 m, which was built without
the necessary authorisations and about which the Committee for the Defence of Monterosa has lodged
regular complaints with the relevant authorities (without receiving any reply).

Does the Commission not think that the payment of the remainder of the Community contribution should
be suspended until the inquiry procedure has been completed, particularly as regards the protection of the
site of Community importance concerned by the project in question?

(1) OJ C 163 E, 6.6.2001, p. 179.

Answer given by Mr Barnier on behalf of the Commission

(12 March 2001)

The Commission is collecting the information it needs to answer the question. It will communicate its
findings as soon as possible.

(2001/C 174 E/285)

WRITTEN QUESTION P-0360/01

by Werner Langen (PPE-DE) to the Commission

Subject: Obstacles to the work of travel guides in Portugal

(8 February 2001)

It is often the case with short tourist trips to Portugal that German guides are obstructed in their work or
threatened by local couturiers and threatened with the police. There have even been acts of physical
violence. Portuguese couriers and officials have cited Decree 179/89 of 27 May 1989 which apparently is
a violation of EU legislation. Accordingly, on 23 March 1999 the Portuguese government enacted a new
Decree, 93/99, which permits EU citizens to perform the duties of courier for short tourist visits. However,

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Official Journal of the European Communities

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this is subject to other conditions (Article 6A of Decree 93/99 in conjunction with Article 5 II of Decree
179/89) which provide for restrictions in respect of certain towns and cities and monuments (Annex to
Decree 93/99).

Can the Commission answer the following:

1. On what grounds was Decree 179/89 a violation of EU legislation?

2.

Is the new Decree (93/99), and in particular its Annex, in essence a violation of EU legislation, and in
particular the right of freedom to exercise a profession and/or the principle of freedom of movement
on the labour market in the European Union? If so, how does the Commission intend to help EU
legislation prevail in this respect in Portugal and, where applicable, to ensure that such violations do
not occur either de jure or de facto?

Answer given by Mr Bolkestein on behalf of the Commission

(7 March 2001)

Portuguese law No 179/89 ((cid:145)Decreto-Lei No 179/89, de 27 de Maio(cid:146)) transposed Council Directive 89/48/
EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least three years(cid:146) duration (1), as regards the
profession of tourist guide. In Portugal this profession is regulated, i.e. the pursuit of this profession is
subject to the possession of a specific qualification. Law No 179/89 introduced, in accordance with the
Directive, a procedure of professional recognition designed to allow tourist guides from other Member
States to practise their profession in Portugal.

However, the law in question was contrary to Article 49 (ex 59) of the EC Treaty, as interpreted by the
case law of the Court of Justice on (cid:145)tourist guides(cid:146) (2). Under this case law, a distinction must be made
between tourist guides who establish themselves in another Member State in order to work there on a
permanent basis and tourist guides working temporarily in another Member State within the context of the
provision of services. In the first instance, a Member State can justifiably require tourist guides from other
Member States to undertake national training or to obtain recognition of their qualifications. In the second
instance, however, such a requirement would infringe the principle of freedom to provide services. The
Court has nevertheless found that there is a general
interest justifying restrictions on the freedom to
provide services by tourist guides, in (cid:145)the proper appreciation of places and things of historical interest and
the widest possible dissemination of knowledge of the artistic and cultural heritage of a country(cid:146). It has
consequently specified that making the provision of services of tourist guides subject to the possession of a
professional qualification infringes the principle of 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). The Court has thus acknowledged an exception to the freedom
to provide services by tourist guides.

In order to comply with the Court of Justice(cid:146)s findings, the Portuguese government adopted Law No 93/99
(Decreto-Lei No 93/99 de 23 de Maio) which amended Law No 179/89 with the aim, on the one hand, of
allowing tourist guides from other Member States to provide services in Portugal without having to obtain
previous recognition of their qualifications and, on the other hand, of identifying the sites in Portugal
covered by the exception in question. The list of sites, which is contained in the annex to Law No 179/89,
as amended, does not appear to be in contradiction with the principles of proportionality and subsidiarity.

In these circumstances,
Community law.

the Commission considers that Portuguese legislation is not

in breach of

(1) OJ L 19, 24.1.1989.
(2)

Judgments of 26.2.1991, Case C-154/89 France [1991] ECR I-659, C-180/89 Italy [1991] ECR I-709 and C-198/89
Hellenic Republic [1991] ECR I-727).