92000E2365

WRITTEN QUESTION E-2365/00

by Alexandros Alavanos (GUE/NGL) to the Commission

(13 July 2000)

Subject: Issuing of permits to exercise the profession of tourist guide in Greece

Greek tourist guides face administrative and penal sanctions in exercising their professional duties in many EU Member States, as they have not been issued with permits to exercise the profession. This is because no criteria have been laid down for this purpose and because there is no organisation with responsibility in this field in Greece.

According to your answer to my Written Question E-2775/99(1) mldr the current authorities in Greece which are competent to issue these certificates are the prefects, in accordance with Presidential decree 33/1993; however, the Greek Ministry of Development and in particular the Greek Tourist Board have to far persistently refused to lay down criteria to certify the tourist guide profession and the conditions for the issue of a special pass certifying that the holder is a tourist guide.

Given that the lack of permits makes it difficult for Greek tourist guides freely to exercise their profession in another Member State, what measures does the Commission intend to take to ensure that the legislation is enacted to set up a mechanism which becomes operational as soon as possible to certify the profession of tourist guide and to issue permits to exercise this profession?

(1) OJ C 225 E, 8.8.2000, p. 204.

Answer given by Mr Bolkestein on behalf of the Commission

(21 September 2000)

With regard to the administrative and penal sanctions imposed on Greek tourist guides in several Member States, the Commission would like to point out that, although Member States which regulate the profession of tourist guide must authorise professionals meeting the conditions of professional experience laid down by Directive 1999/42/EC of the European Parliament and of the Council of 7 June 1999 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications(1) (repealing and replacing Council Directive 75/368/CEE of 16 June 1975(2)) to exercise this profession, these professionals must still satisfy the other conditions and formalities required under the legislation of the host country, such as entry in a professional register or the acquisition of a professional licence, provided that these requirements are justified under Community law for the provision of services. The requirement of a professional licence in the host Member State is therefore a separate matter from the possession or lack of possession of a licence in the country of origin.

Greek tourist guides cannot benefit from the Directive unless the Greek authorities, i.e. the prefects, issue certificates documenting the nature and duration of the professional activity exercised in the country of origin. It is up to the Greek authorities to determine the conditions for issuing these certificates. The Commission cannot oblige the Greek authorities to institute a tourist guide licence on their territory, since this is a matter of internal organisation within the Greek administration. However, the Greek authorities cannot use internal organisational difficulties to justify any refusal to issue these certificates to Greek tourist guides wishing to exercise their profession in another Member State. Such a refusal would prevent the Greek nationals concerned from being covered by the Directive and would contravene Community law. The Commission has not until now been informed of any such refusal to issue certificates documenting the nature and duration of the professional activity exercised in Greece. The Commission is, of course, willing to examine any cases the Honourable Member would care to communicate and, where necessary, make use of the means conferred on it by the EC Treaty to put an end to such a situation.

(1) OJ L 201, 31.7.1999.

(2) OJ L 167, 30.6.1975.