tourist guide

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GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY,

SOCIAL SECURITY AND ELDERY PERSONS

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European Social Fund

POS DRU 2007-2013

Structural Instruments 2007 - 2013

1

Translation from Romanian

Invest in people!

THE EUROPEAN SOCIAL FUND

Sectoral Operational Programme for Human Resources Development 2007 – 2013

Priority axis 3 „INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Major area of intervention 3.3 „Development of partnerships and encouraging initiatives for social partners

and civil society"

Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ

NET Romania)”

Beneficiary: Ministry of National Education

Contract no: POSDRU/93/3.3/S/53132

GUIDE TO THE CERTIFICATION AND RECOGNITION

OF THE PROFESSION OF TOURIST GUIDE

Author: Paula Posea

GENERAL FIELD II

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CONTENT

Introduction 3

1. The status of the regulation of the profession of

tourist guide in Romania and in the 8 analysed

Member States of the European Union

6

2. Confirmation/certification procedures of

competences applied by the Competent

Authorities in countries where the profession is

regulated

14

2.1. Reconfirmation/certification procedures for the

profession of tourist guide in Romania

25

2.2 Reconfirmation/certification procedures for the

profession of tourist guide in Austria

28


profession of tourist guide in Spain

29

2.4 Reconfirmation/certification procedures for the

profession of tourist guide in Italy

34

3. The processes of recognition of qualifications

attained in the 8 analysed Member States of the

European Union

39

3.1 The process of recognition of the qualification of a

tourist guide in Romania

40

3.2. The process of recognition of the qualification of

tourist guide in Austria

42

3.3 The process of recognition of the qualification of

tourist guide in Italy

44

3.4. The process of recognition of the qualification of

tourist guide in Spain

53

4. SOLVIT 60

5. Practicing the profession of tourist guide in the

European Union

64

6. Conclusions 68

7. List of abbreviations 70

8. Bibliography 71

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INTRODUCTION The guide to the certification and recognition of the profession of

Tourist Guide constitutes one of the results of the project “The Network

of Competent Authorities for Professional Qualifications in Romania

(IMI PQ NET Romania)” implemented by the Ministry of National

Education (MEN) in partnership with the National Authority for

Qualifications (ANC) and with the Institute of Social Policies (IPS), co-

financed by the European Social Fund through the Sectoral Operational

Programme for Human Resources Development 2007 – 2013

(SOPHRD).

Within the IMI PQ NET Romania project, the procedures of

confirmation and certification of competences and the processes of

recognition of qualifications for each regulated profession were

analysed and developed together with the competent authorities, and

common elements of procedure were established for each competent

authority. By aggregating and summarising these, common elements of

procedure for each field were then established, and on this basis,

standard procedures of confirmation and certification of competences

appropriate for each regulated profession and of recognition of

qualifications were established.

The analysis was done for Romania and another 8 Member States of the

European Union (Austria, the Czech Republic, Denmark, Germany,

Italy, Great Britain, the Netherlands, and Spain). Research on the

European legislation and the legislation of the respective states was

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done concerning the mode of attainment of qualifications, the education

and training system, types of documents (diplomas, certificates,

attestations of competence, etc) which can be attained at the certification

of the training, regulations concerning the confirmation, certification

and recognition of qualifications, regulated professions in accordance

with directive 2005/36/EC on the recognition of professional

qualifications.

For several of these states (Denmark, Germany, Italy, Great Britain, the

Netherlands, and Spain), study visits were organised within the project,

in which participated specialists from the work groups established

within the project, as well as experts from the Ministry of National

Education and the National Authority for Qualifications. During these

visits, the basis for information collection was extended, within the

meetings with the representatives of the competent authorities from the

host countries.

The scope of this analysis is to facilitate the knowledge and

understanding of the analysed profession (professions) for the

responsible institutions, as well as for the individuals concerned, in

several European States as compared with Romania, with the purpose of

adapting the legislation and facilitating mobility of the European labour

force market. This guide is conducted on the basis of the guiding

standard terms of reference for the procedures of confirmation and

certification of competences and the processes of recognition of

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qualifications, elaborated within the project and confirmed within the

workshops of the work groups.

The realization process of the guide for the certification and

recognition of the professions of Tourist Guide has as its scope:

Helping the competent authorities in Romania in their efforts of

standardization of the processes of certification and recognition

of the regulated professions under their management, by

informing them in regard to the practices from other Members

States of the EU

Informing all individuals who acquired qualifications in the

specific field of activity in Romania and wish to practice the

said activity in one of the Member States of the EU presented in

this guide.

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1. The status of the regulation of the profession of tourist

guide in Romania and in the 8 analysed Member States

of the European Union

The profession of Tourist Guide is regulated in 12 Member States of

the European Union, as results from the image bellow [2].

Source: http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm

There are some countries (Poland, Slovenia, and France) where two

professions each are regulated for the corresponding generic name of

Tourist Guide. Of the 8 Member States analysed ( Austria, the Czech

Republic, Denmark, Germany, Italy, Great Britain, the Netherlands,

Spain) the profession is regulated only in 3 states ( Austria, Italy, and

Spain).

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm

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In table no. 1 the status of this profession is presented for the 12

countries where the profession is regulated, from the perspective of

Directive 2005/36/EC on the recognition of professional qualifications:

Table no.1

MS

Name of

profession

MS/EN

CA name Qualification level

Recognition

according to

Directive

2005/36/EC

ROMANIA Ghid de turism/

Tourist Guide

The Ministry of Economy – The National Authority

for Tourism

SEC – Certificate

attesting the completion of a

secondary course, Art.

11 b

General

system of

recognition

– primary

application

AUSTRIA Fremdenführer/

Tourist Guide

Bundesministerium für

Wirtschaft, Familie und

Jugend Federal Ministry for

Economics, Family, and

Youth; Email: [email protected]

http://www.en.bmwfj.gv.a

t/Enterprise/Trades/Seiten/TheTradeAct.aspx

URL: www.bmwa.gv.at

DSE - Diploma (post-

secondary education),

including Annex II (ex 92/51, Annex C, D),

Art. 11 c

General

system of

recognition

– primary

application

CYPRUS Ξεναγός /

Tourist Guide

Cyprus Tourist

Organization; Email:

[email protected]

URL: www.visitcyprus.com



including Annex II (ex

92/51, Annex C, D), Art. 11 c

General

system of

recognition

– primary

application

FRANCE Guide

touristique/

Tourist Guide

PS3 - Diploma of post-

secondary level (3-4

years), Art. 11 d

General

system of

recognition

– primary

application

GREECE Ξεναγός/

Tourist Guide

Organization for Vocational education and

training, Department for

European and International Relations

Email:

[email protected]




Art. 11 c

General

system of

recognition

– primary

application

mailto:[email protected]

http://www.bmwa.gv.at/


http://www.visitcyprus.com/


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MS

Name of

profession

MS/EN


Recognition

according to

Directive

2005/36/EC

HUNGARY

Idegenvezető/

Tourist Guide

Oktatási Hivatal, Magyar Ekvivalencia és,

Információs Központ

Educational Authority, Hungarian Equivalence

and Information Centre

Email: [email protected]

URL: www.professionalre

cognition.gov.hu




Art. 11 c

General

system of

recognition

– primary

application

ITALY

Guida turistica/

Tourist Guide

Presidenza del Consiglio -

Dipartimento per lo

sviluppo e la competitività del turismo/ Presidency of

the Council - Department

for the development and competitiveness of

tourism Email:

[email protected]

SEC – Certificate attesting the

completion of a

secondary course, Art. 11 b

General

system of

recognition

– primary

application

MALTA

Tourist Guide Ministry for Tourism DSE - Diploma (post-



Art. 11 c

General

system of

recognition

– primary

application

LITHUANIA

Gidas/ Tourist

Guide

Valstybinis turizmo

departamentas

Lithuanian State

Department of Tourism

Email: [email protected] URL: www.tourism.lt

PS3 - Diploma of post-

secondary level (3-4 years), Art. 11 d

General

system of

recognition

– primary

application

POLAND

Przewodnik

turystyczny/

Tourist guide

Minister Sportu i

Turystyki Ministry of Sport and

Tourism

http://www.msport.gov.pl/

SEC – Certificate



11 b

General

system of

recognition

– primary

application

Usługi

świadczone

przez pilotów

wycieczek/

Services

rendered by tour

leaders

SEC – Certificate

attesting the

completion of a

secondary course, Art. 11 b

Recognition

of the

professional

experience

Annex IV –

automatic

recognition


http://www.professionalrecognition.gov.hu/

http://www.professionalrecognition.gov.hu/



http://www.tourism.lt/

http://www.msport.gov.pl/

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MS

Name of

profession

MS/EN


Recognition

according to

Directive

2005/36/EC

SLOVENIA

Turistični

vodnik/ Tourist

guide

SEC – Certificate



11 b

General

system of

recognition

– primary

application

Turistični

vodnik

turističnega

območja/

Tourist Guide

of tourist area

TURISTIČNO

GOSTINSKA

ZBORNICA SLOVENIJE/ Chamber of

tourism and commerce of

Slovenia http://http//www.gzs.si

Email: [email protected]

SPAIN

Guía de

turismo/ Tourist

Guide

Autonomous Regions

http://ec.europa.eu/internal_market/qualifications/re

gprof/index.cfm?action=v

iew_document&id_document=366




Art. 11 c

General

system of

recognition

– primary

application

The Directorate-General for Internal Policies – Internal Market and

Consumer Protection of the European Parliament published in 2010 a

study on the Recognition of Professional Qualifications with the

purpose of implementing Directive 2005/36/EC on the recognition of

professional qualifications for four professions: nurse, architect, civil

engineer and tourist guide.

The Member States of the EU which were the subject of the study were:

Denmark, Germany, France, Spain, Italy, Poland, Slovenia, and Great

Britain.

The general status for the profession of Tourist Guide found in this

paper [3] is that the professionals are generally organised in national

http://http/www.gzs.si


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tourist guides’ associations and/or of the tour operators which in turn are

represented by one of the following associations in the European Union:

• The European Federation of Tourist Guide Associations (FEG)

• The European Tour Operators Association (ETOA)

•The European Travel Agents’ and Tour Operators’ Associations

(ECTAA)

A common characteristic of this profession is that most guides are active

as free-lancers or they are employed only for the duration of a trip. The

situation when a tourist guide is a permanent employee is extremely

rare.

The findings concerning this profession show that the Member

States can be divided into two groups: the first group is made up of

Member States with a big amount of tourists who leave the country for

touring, such as: Germany, Sweden, and Great Britain. This profession

is not generally regulated in this group of states. The second group of

MS is characterized by a big amount of tourists entering these states,

such as: France, Italy, Spain, and Portugal.

From a statistical point of view, concerning the flow of

professionals/tourist guides gone in other states from the one where they

attained their qualification, we can establish which ones are the most

“mobile” countries, taking as a reference a time period, specifically

2008-2012.

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Graph 1 presents the first 5 countries to which the professionals

have migrated and attained the professional qualification. Graph 2

presents the first 5 countries where the mobile professionals rendered

services as tourist guides on an occasional or temporary basis. The

graphs are based on statistics submitted by the MS and are updated

according to the search criteria introduced (the period 2008-2012, all

MS).

In these graphs we notice that the countries from which the qualified

individuals come from (the origin country) are: Germany, Slovakia, the

Czech Republic, Poland, Italy, and the countries where their

qualification was recognised (host country) are: Austria, Poland,

Denmark, Great Britain, Germany, generally countries where the

profession is not regulated, according to table no.1.

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36%

10%

6%5% 4%

39%

Germany Slovakia Poland

Czech Republic Italy Other Countries

Figure 1. The first five countries in the European Union with the highest number of

tourist guides who attained the recognition of their qualification in another Member

State

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31%

8%

10%

10%15%

26%

Austria Poland Denmark

Great Britain Germany Other Countries

Figure 2. The first five host countries in the European Union which recognised the

qualification of a tourist guide for the purpose of providing services on a temporary or

occasional basis*

* Figure 1 and Figure 2 were processed by the author based on the graphs

taken from the EC web site [2]

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2. Confirmation/certification procedures of competences

applied by the Competent Authorities in countries

where the profession is regulated

The management of competencies has begun to represent an important

subject on the European level, along with the launching at the Lisbon

Council of the Strategy through which Europe should become the most

competitive knowledge-based society. To this end, through three

successive directives (D. EEC 89/48, D. 92/51, D. EEC 99/42)*

the

Union came to define three basic principles:

• mutual trust between the learning and education systems of member

countries;

• mechanisms of recognition interpreted in the manner most favourable

to the person;

• certificates of competence attained following an assessment “of the

applicant’s personal qualities, attitudes, and knowledge, without prior

training, by an authority;

These documents confirm the principle of valorisation and capitalisation

of competences.

On June 2002, in Brussels, at the International Conference of the

Member States, some guidelines for defining a base of cooperation

concerning standards and certification and the launch of an European

approach were agreed upon for the recognition of qualifications and

_____________________________________________________________________

*These directives were repealed along with the adoption of Directive 36/2005/EC

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competences, of the regulated and non-regulated professions and of a

new system of credit units recognized and transferable within a common

framework.

Thus, the competences which a person achieved by following a training

program in educational establishments, in continuous training centres, or

in a non-formal or informal context can be assessed, reported to a

standard, and certified, leading to the attainment of a diploma,

certificate, or attestation of competence.

For a clarification of the competences and duties of persons working in

the field of tourism, The European Standard CEN 13809 (Dictionary

of standardization in tourism) offers definitions for several

occupations, thus:

Tourist guide - person who guides visitors in the language of their

choice and interprets the cultural and natural heritage of the area, which

person normally possesses a qualification specific to the field usually

issued and authorised by the appropriate authority. The European

Directive on the European Standard CEN 15565 requires a minimum of

600 hours of professional training for the tourist guide prior to

assessment.

Tour manager - person who manages and supervises the itinerary on

behalf of the tour operator, ensuring the program is carried out as

described in the tour operator’s literature and sold to the

traveller/consumer, and who gives practical local information.

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Tour escort – is the representative of a tour operator providing basic

assistance to tourists.

The qualification levels for qualifying as a Tourist Guide are different

among the Member States, being, according to Directive 2005/36/EC on

the recognition of professional qualifications, between the secondary

education level ( Slovenia, Poland, Italy) and the post-secondary level

(3-4 years) in France and Lithuania. Generally, this profession falls

under The regulated professions for which the length of study is under 3

years of study (Act 200/2004 of Romania)[1].

In table no. 2, the types of certificates, diplomas, and professional

qualifications which allow access to the profession of tourist guide are

comparatively presented for several examined countries, including

Romania.

Table no. 2

MS ROMANIA AUSTRIA ITALY SPAIN

Directive

2005/36/EC

SEC –

Certificate

attesting the

completion of a

secondary

course, Art. 11

b (certificate

attesting to the

completion of a

secondary

education cycle)

DSE - Diploma

(post-secondary

education),

including Annex II

(ex 92/51, Annex

C, D), Art. 11 c

(diploma attesting

either training at a

post-secondary

education level, or,

in the case of a

regulated

profession, training

with a special

structure)

SEC – Certificate

attesting the

completion of a

secondary course,

Art. 11 b

(certificate

attesting to the

completion of a

secondary

education cycle)

DSE - Diploma

(post-secondary

education),

including Annex

II (ex 92/51,

Annex C, D), Art.

11 c (diploma

attesting either

training at a post-

secondary

education level,

or, in the case of a

regulated

profession,

training with a

special structure)

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MS ROMANIA AUSTRIA ITALY SPAIN

Legislation

specific to

the MS

Government Decision no.

631/2003 for

amending and supplementing

Government

Decision no. 305/2001 on

attestation and

use of tourist guides

Common Ordinance

MMSSF/MECT

no.35/3112/2004 Classification of

qualifications for which

programmes

completed with a qualification

certificate can be

organised

Qualification –

Tour agent-guide, level 3

Government Decision no. 866

/2008, annex 4

Classification of professional

qualifications for

which training is provided through

post-secondary

schools: Qualification-

Tour agent-guide,

level 3

The association of authorised guides in

Vienna

http://www.guides-

in-vienna.at/ The training course

includes

approximately 900 hours followed by

three exams in

German and at least one foreign language

Source:

http://www.guides-

in-vienna.at/

EQF Level 4 -

Diploma of Maturity- tourism

operator- Istituto

Tecnico Statale EQF Level 5 -

Diploma of

Specialisation – Tourist guide

oenogastronomic-

Istituti Professionali di Stato per i

Servizzi Alberghieri

and della Ristorazione

Source: EQF-FRAME, The

European

Qualifications Framework and

Tourism studies,

LdV project 2008

Decree no. 5 of 7

January 1998,

amended by Decree no. 120 of 20 March

2000, in Catalonia Holding the

following titles:

-Technician of companies and

tourist activities,

-Technician of tourism companies,

- Superior

Technician of tourism information

and marketing,

-Diploma in tourism or any other

university diploma.

http://www.guides-in-vienna.at/




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European Standard EN 15565:2008 – Tourism Services –

Requirements for the provision of professional tourist guide

training and qualification programmes [4] supports European Union

efforts to facilitate free movement of provision of services within its

Member States, but also seeks to emphasize the importance of tourist

guides towards a high quality provision of tourism services. This shall

be achieved by a common standard of qualification for tourist guides in

all European countries. The training programme shall include the

following elements:

Common subjects, in accordance with Clause 6

Area-specific subjects, in accordance with Clause 7

Practical training, in accordance with Clause 8

The training programme shall comprise a minimum of 600 training units

(TU). A training unit (TU) is equivalent to 60 minutes. Training units

may include: lectures, tutorials, e-learning, practical training, and

private study.

The training programme on common subjects shall comprise a

minimum of 180 TU. The minimum duration of each category shall be

as follows:

Theoretical knowledge, in accordance with subclause 6.1 - 54 TU

Guiding techniques and skills, in accordance with subclause 6.2 -

108 TU

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Business knowledge and skills, in accordance with subclause 6.3 -

18 TU

The training programme on area-specific subjects in accordance with

clause 7 shall comprise a total of minimum 180 TU. The minimum

duration of each category shall be as follows:

Theoretical knowledge - 162 TU

Working conditions - 18 TU

The practical training programme shall comprise a minimum of 240 TU.

Foreign languages competences

In annexes A and B of the European Standard, aspects concerning

foreign language competences for guides can be identified. Their

assessment is done based on the Common European Framework of

Reference for Languages (CEFR). Adequate competences are assessed

on five criterias: level, precision, interaction, fluency, and coherence.

The professional training as well as the confirmation/certification of

competences is different in the four countries analysed, thus:

In Romania, the qualification of a Tourism Agent – guide can be

offered through secondary education with a duration of 2 years, in the

accredited educational establishments of the Ministry of National

Education and through training courses organised by training providers

accredited by the National Authority for Qualifications, which, for level

3 of qualification, must have a minimum duration of 1060 hours.

Government Decision no. 631/2003 on amending and supplementing

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Government Decision no. 305/2001 on the attestation and use of tourist

guides, states in Art 2. (3) Romanian citizens may practice the

profession of a tourist guide if they hold a certificate for a tourist guide

issued by the Ministry of Transport based on the certificate of

qualification attained on the completion of a qualification course at the

National Centre of Tourism Education (C.N.I.T.) or in other authorised

institutions in Romania.

In Austria, the training of the tourist guide is provided by a professional

organisation, the Association of Authorised Guides in Vienna, which

organises courses and certifies graduates, granting them the badge

(insignia) and the right to practice.

Prior to the exam, a mandatory course must be attended, consisting of a

minimum of 250 hours in an authorised education institute. This course

conveys basic knowledge and experience in many fields: national and

regional history, art and cultural history, local history and geography,

judicial and political systems, the economic and sociologic

fundamentals, accounting, commercial and judicial aspects of the

profession of tourist guide, the business and management of tourism,

touristic and economic geography, and providing first aid.

This education is completed by demonstration tours and field trips,

language practice, communication, and presentation techniques. Based

on the examination and the commercial licence, the tourist guides are

authorised to go on trips in all of Austria. In spite of this, they will take

special care to properly prepare for trips outside their geographical or

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thematic competence, perhaps seeking cooperation with local guides.

The same applies to the provision of professional guidance outside

Austria, to be made under national laws and regulations.

Moreover, tourist guides participate in continuous training programmes

after qualification: "The Academy for Continuous Training of Tourist

Guides - WAF" offers a variety of courses, trips, and tours. Tourist

guides read the specialised literature, visit museums and exhibitions,

participate in educational trips and national and international

symposiums. These activities also serve the purpose of improving the

practice of foreign languages [5].

In Spain [6] a special situation exists in which each autonomous

community has its own legislation, this being presented in table no. 3:

Table no.3

Crt.

no.

The

Autonomous

Community

The legislation specific to practicing the profession of

Tourist Guide

1. ANDALUCIA - Decreto 214/2002, de 30 de julio, por el que se regula las Guías de Turismo de Andalucía.

2. VALENCIA Decreto 62/1996, de 25 de marzo, del Consell, por el que se aprueba

el Reglamento regulador de la Profesión de Guía Turístico. (DOCV núm. 2722 de 3 de abril de 1996).

- Decreto 26/2001, de 30 de enero, del Consell, de modificación de los artículos 9 y 12 del Decreto 62/1996, de 25 de marzo, por el que

se aprobó el reglamento Regulador de la Profesión de Guía

Turístico. (DOCV núm. 3931 de 2 de febrero de 2001). - Decreto 190/2005, de 9 de diciembre, del Consell, por el que se

modifica el Decreto 62/1996, de 25 de marzo, por el que se aprobó el Reglamento regulador de la Profesión de Guía Turístico en el

ámbito de la Comunitat Valenciana (DOCV núm. 5153 de 13 de

diciembre de 2005).

3. PRINCIPADO DE

ASTURIAS

- Decreto 59/2007, de 24 de mayo, por el que se aprueba el

Reglamento regulador de la profesión de Guía de Turismo en el

Principado de Asturias

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/andalucia/dec_214-02_andal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/valencia/ficha_dec_62-96_val.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/valencia/dec_26-2001_val.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/valencia/dec_190-2005_val.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/asturias/dec_59-2007_astur.shtm

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4. NAVARRA - Decreto 125/95, de 20 de mayo, por el que se regula la profesión de guias de turismo en Navarra.

5. MURCIA - Decreto 178/95, de 20 de diciembre, por el que se regula la

profesión de guía de turismo en la Región de Murcia. - Orden de 8 de abril de 1997, que desarrolla el Decreto 178/1995,

de 20 de diciembre por el que se aprueba la regulación de la profesión de Guía de Turismo en la Región de Murcia.

- Orden de 24 de febrero del 2000, por la que se interpreta el artículo

6 del Decreto 178/1995, de 20 de diciembre, por el que se aprueba la regulación de la profesión de Guía de Turismo de la Región de

Murcia. - Corrección de errores de la Orden de 24 de febrero de 2000.

6. MADRID Observaciones sobre la reglamentación de Madrid.

- Decreto 47/96, de 28 de marzo, por el que se regula la habilitación y actividad de Guías de Turismo en la Comunidad de Madrid.

- Decreto 228/2000, de 19 de octubre, de modificación del artículo 6

del Decreto 47/1996, de 28 de marzo. - Decreto 84/2006, de 26 de octubre del Consejo de Gobierno, por el

que se modifica el Decreto 47/1996, de 28 de Marzo. - Orden 426/1997, de 17 de enero de la Consejería de Economía y

Empleo, de desarrollo del Decreto 47/1996 , de 28 de marzo, por el

que se regula la habilitación y actividad de Guía de Turismo en la Comunidad de Madrid.

7. LA RIOJA - Decreto 27/1997, de 30 de abril, por el que se aprueba el

Reglamento de la profesión de Guías de Turismo. - Decreto 20/2000, de 28 de abril, de modificación del Decreto

27/1997, de 30 de abril, por el que se aprueba el Reglamento regulador de la profesión de Guías de Turismo.

- Decreto 111/2003, de 10 de octubre, por el que se aprueba el

reglamento de desarrollo de la Ley 2/2001, de 31 de mayo, de

Turismo de la Rioja. (Título VI, Capítulo II, artículos 242 a 253 y

Disposición Transitoria 11ª).

8. GALICIA - Decreto 42/2001, de 1 de febrero, de Refundición en materia de agencias de viajes, guias de turismo y turismo activo.

9. EXTREMADURA - Decreto 12/96, de 6 de febrero. Guias de Turismo. - Decreto 43/2000, de 22 de febrero, por el que se modifica

el Decreto 12/1996, de 6 de febrero, por el que se aprueba el

reglamento de la actividad profesional de Guía Turístico.

10. ARAGÓN - Decreto 196/1998, de 9 de diciembre, del Gobierno de Aragón, por

el que se regula la actividad de Guía de Turismo en la Comunidad

Autónoma de Aragón. - Orden de 23 de julio de 2001, del Departamento de Cultura y

Turismo, sobre monitores, guías e instructores de las empresas de turismo activo y de aventura.

- Decreto 264/2007, de 23 de octubre, del Gobierno de Aragón, por

el que se aprueba el Reglamento de Guías de Turismo.

11. CATALUÑA Decreto 5/1998, de 7 de enero, sobre la actividad de Guía de

Turismo.

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/navarra/ficha_dec_125-95_nav.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/murcia/ficha_dec_178-95_mur.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/murcia/ord_08-04-97_mur.shtm


http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/murcia/ord_24-02-00_mur.shtm


http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/murcia/correccion_errores_24-02-00.shtm

http://www.mesadelturismo.com/common/mt/compendio/madrid-2.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/madrid/ficha_dec_47-96_mad.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/madrid/dec_228-2000_mad.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/madrid/dec_84-2006.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/madrid/orden_426-1997_mad.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/madrid/dec_47-1996_mad.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/rioja/dec_27-97_rioja.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/rioja/dec_%2020-2000_rioja.shtm



http://www.mesadelturismo.com/common/mt/compendio/legislacion-general/ordenacion/rioja/decreto_111-2003/decreto_111-2003.shtm#guias

http://www.mesadelturismo.com/common/mt/compendio/legislacion-general/ordenacion/rioja/ley_2-01_rioja.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/galicia/dec_42-01_gal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/extremadura/ficha_dec_12-96_extr.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/extremadura/dec_43-00_extr.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/extremadura/ficha_dec_12-96_extr.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/aragon/dec_196-98_arag.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/turismo_activo/aragon/orden_23-07-2001_arag.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/aragon/Decreto_Guias_Turismo.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/catalunya/dec_5-98_cat.shtm

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- Decreto 120/2000, de 20 de marzo, por el cual se modifica el artículo 11 del Decreto 5/1998, de 7 de enero, sobre la actividad de

guía de turismo. - Orden ICT/352/2002, de 3 de octubre , por la cual se establecen los

procedimientos de reconocimiento de habilitaciones de guías de

turismo expedidas por otras administraciones públicas.

12. BALEARES - Decreto 112/96, de 21 de junio, por el que se regula la habilitación

de Guías de Turismo en las Islas Baleares.

- Decreto 90/1997, de 4 de julio, por el que se modifica el Decreto 112/1996, de 21 de junio, que regula la habilitación de guía turístico

en las Islas Baleares. - Decreto 136/2000, de 22 de septiembre, por el cual se modifica

elDecreto 112/1996, de 21 de junio, por el que se regula la

habilitación de guía turístico en las Islas Baleares.

13. CANARIAS - Decreto 59/1997, de 30 de abril, por el que se regulan las

actividades turítico-informativas.

- Orden de 23 de octubre de 2001,por la que se regula la actividad de Guía de Turismo Sectorial en la modalidad de Observación de

Catáceos y las pruebas de Habilitación.

14. CASTILLA Y LEÓN

- Decreto 101/95, de 25 de mayo, por el que se regula la profesión de Guías de Turismo en la Comunidad Autónoma de Castilla-León.

- Orden de 26 de septiembre de 1995, de desarrollo del Decreto 101/1995, de 25 de mayo, por el que se regula la profesión de Guía

de Turismo de la Comunidad Autónoma de Castilla y León.

- Decreto 25/2000, de 10 de febrero, por el que se modifica el Decreto 101/1995, de 25 de mayo, por el que se regula la

profesión de guía de turismo de la Comunidad Autónoma de Castilla y León.

15. CASTILLA - LA

MANCHA

- Decreto 96/2006 ,de 17-07-2006, de Ordenación de las Profesiones

Turísticas

16. CANTABRIA - Decreto 32/1997, de 25 de abril, por el que se aprueba el

Reglamento para el ejercicio de actividades turistico-informativas

privadas. - Decreto 51/2001, de 24 de julio, por el que se modifica el Decreto

32/1997, de 25 de abril, por el que se aprueba el reglamento para el ejercicio de actividades turístico-informativas privadas.

In Italy, professional training for the tourism field is provided by public

schools and the Regional Training Centres. There are two types of

public schools which offer training in tourism, namely:

- Istituti Professionali Alberghieri, Professional Institutions for

Hospitality (hotel and restaurant)



http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/catalunya/orden_ICT_352_2002_cat.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/baleares/ficha_dec_112-96_bal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/baleares/dec_90-97_bal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/baleares/dec_136-00_bal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/baleares/ficha_dec_112-96_bal.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-general/disciplina/canarias/dec_59-97_cana.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/canarias/orden_23-2001_can.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/cyleon/ficha_dec_101-95_leon.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/cyleon/ord_26-09-95_leon.shtm



http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/cyleon/dec_25-00_leon.shtm


http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/c_mancha/decreto_96_2006.pdf

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/dec_32-1997_cant.shtm

http://www.mesadelturismo.com/common/mt/compendio/legislacion-sectorial/guias/cantabria/dec_51-2001_cant.shtm



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-Istituti Tecnici per il Turismo (Technical Institutions for

Tourism) – these are oriented towards services which target customer

satisfaction.

Training courses in tourism can be organised directly by the regions or

by the provincial or municipal administration delegated by the region.

These courses offer training for occupations in the sector of cuisine,

restaurant, and hotel services.

Studies at the Istituti Professionali Alberghieri are completed with a

Diploma di Maturità (High school diploma) after a two year training

which follows a Diploma di Qualifica (Diploma of qualification). A five

year training in the Istituto Tecnico Statale leads to attaining a Diploma

di Specializzazione (Diploma of specialisation).

In conclusion, it can be noted that for Romania, Italy, and a large part

of Spain, the qualifications which lead to the profession of a Tourist

Guide are attained in the secondary educational system (high school) or

non-university tertiary vocational and technical education (post-

secondary), being included in EQF level 4 or 5. Spain mentions also the

possibility of holding a university diploma. In addition, the qualification

can be attained in adult training, through courses organised by

authorised training providers (Romania, Austria).

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profession of tourist guide in Romania

In Romania, the regulation which establishes the requirements for

certification and confirmation of tourist guides is the Ordinance of the

Minister of Transport, Constructions, and Tourism no. 637/2004

[16] on approval of the Methodological Norms on the conditions and

criteria for selecting, training, certifying, and using tourist guides. In

chapter 3 of these norms, the authorisation (certification) procedure for

tourist guides is established, thus:

CAP. 3 Certification of tourist guides

ART. 11

The profession of tourist guide can be practiced by the individuals

holding a tourist guide certificate.

ART. 12(1) For the purpose of these methodological norms, the tourist

guide certificate is the document issued by the Ministry of Transport,

Constructions, and Tourism, through which the professional proficiency

of the individuals qualified for the profession of tourist guide for

practicing the activity in one of the categories of tourist guides, defined

in these methodological norms, is confirmed.

(2) An example of a tourist guide certificate is presented in annex no. 3.

ART. 14

(1) In lieu of attaining the certificate of local tourist guide, the applicant

shall present the following documents:

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a) request form;

b) copy of the identity document;

c) copy of the certificate of qualification for the profession of tourist

guide;

d) copy of the attestation of knowledge of a foreign language, and for

individuals, citizens of the European Union states or of the European

Economic Area, also a copy of the attestation concerning knowledge of

the Romanian language;

e) criminal record certificate;

f) medical certificate;

g) two photos of identity document type.

(2) In the case of the categories of national and specialised tourist

guide, the documentation will include, in addition, the certificate of

completion of the professional specialisation course.

ART. 15

(1) The documentation prepared according to art. 14 shall be submitted

to the Ministry of Transport, Constructions, and Tourism - The National

Authority for Tourism.

(2) When the applicant does not meet the conditions for issuing the

certificate of a tourist guide, he shall be notified in writing about the

reason.

(3) The time frame for issuing the certificate of tourist guide or for

responding, as appropriate, is 30 days from the date of receipt and

registration of the complete documentation.

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The minimum criteria for attaining the certificate of tourist guide is

the following:

The candidate must fulfil the following conditions:

1. Citizenship: to be a citizen of Romania or of a European Union state

or from the European Economic Area

2. Age: - minimum 18 years of age

3. Studies: - to be a high-school graduate with a baccalaureate diploma

4. Professional training:

- To know at least one foreign language of international circulation

- To be a graduate of a course of professional qualification for the

profession of tourist guide, organised by authorised institutions in

accordance with Romanian law or from the states of origin

- To be a graduate of a specialisation course organised by authorised

institutions in accordance with the law

5. To not have been convicted, proving this with a criminal record

certificate

6. Have an irreproachable moral conduct proven by reference from last

place of work or from the last educational institution graduated

7. Have proper attire and a pleasant physical appearance

8. To be medically fit for the profession of tourist guide, as evidenced

by a medical certificate which shall also state the tourist guide category

required

Ordinance No. 990 of 14 December 2009 [14,16] on amending some

Normative Acts from the tourism sector in view of the

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implementation of Emergency Ordinance of the Government no.

49/2009 on the freedom of establishment of service providers and the

freedom to provide services in Romania, states in "Art. 31 - (1) The

certification procedure for tourist guides can be fulfilled through the

electronic points of single contact, in accordance with the provisions of

Emergency Ordinance of the Government no. 49/2009 on the freedom of

establishment of service providers and the freedom to provide services

in Romania, within 60 days from the operationalisation of the electronic

points of single contact" [14].


profession of tourist guide in Austria

In Austria, in order to attain a commercial licence for the regulated

profession of tourist guide, the candidate must pass a strict examination

administered by the state, including an assessment of the business risk.

The assessment also includes problems of accounting, judicial aspects of

the profession of tourist guide, a practical demonstration in the field and

proof of competence in at least one foreign language.

Practicing the profession of tourist guide independently is regulated by

article 108 of the Trade, Commerce, and Industry Regulation Act.

Attaining a certificate of competence following an examination held by

the state is required. The tourist guides are identified by an official

badge (insignia). Only certified guides may be hired with a contract for

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services. The tourist guides can use internationally accepted titles. In

order to constantly practice the profession, the tourist guides must hold

permanent residence in Austria. By law, the registered and authorised

tourist guide is a member of the Austrian Federal Economic Chamber,

which provides services and represents his interests in the business

community. Through the Economic Chamber the tourist guide is

represented in the WFTGA (World Federation of Tourist Guide

Associations) and in FEG (European Federation of Tourist Guide

Associations)[7].


profession of tourist guide in Spain

Since in Spain each autonomous region has a specific legislation

concerning the regulation of the practicing of professions, below are

presented the regulations in two important regions, namely Catalonia

and Aragon.

In Decree no. 5 of 7 January 1998 on the activity of the tourist guide

(Decreto 5/1998, de 7 de enero, sobre la actividad de Guía de Turismo)

[17] the activity of the tourist guide and the requirements for the

authorisation for practicing this profession in Catalonia are defined, as

well as the structure of the authorisation exam.

The main provisions of Decree no.5 of 7 January 1998 are the

following:


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Attaining the authorisation

In order to attain the authorisation to practice as a tourist guide in

Catalonia, it is required to pass the exam periodically convened by the

Department of Industry, Commerce, and Tourism.

Requirements for authorisation

In order to attend the exam, the following requirements must be

fulfilled:

a) citizenship of a Member State of the EU, EEA, or of a state

that has a reciprocity agreement with Spain, on this matter.

b) holding a qualification of a superior level in tourism, a

university diploma or licence, or professional training in Tourism

Information and Marketing.

c) In the case of foreign qualifications the adequate recognition

by the Ministry of Education and Science is required.

d) knowledge of the Catalan and Spanish languages.

For expansion of foreign languages for already authorized guides

To be a tourist guide in Catalonia, registered in the Register of

Tourism in Catalonia, in the appropriate section

The foreign language exam

The Directorate General of Tourism shall not require a foreign

language exam for the persons who bring proof that they studied the

language in the country of origin. In addition, those who have

secondary education in their origin country are exempt from the exam

for the official language of the origin country. Furthermore, persons

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who hold the following types of certifications are exempt from the

language exam:

Competence in English from Cambridge University.

Competence in English from Michigan University.

Test of English as a Foreign Language (TOEFL).

Average diploma of the Goethe Institute in Munchen or a

superior diploma of the same institute.

A certificate of proficiency of the Official Schools for foreign

languages

Certificate of knowledge of the Italian language (CELl).

Diploma of studies of the French language (DELF).

The structure of the authorisation exam

The exams consist of three tests:

a) written test on the topic in question

b) language test, written and spoken

c) oral test on the topic in question

9.2 The tests are disqualifying and the result is competent or not

competent.

9.3 the topics will be published and include the following fields of

knowledge:

a) managing, assisting, and advising tour groups, group dynamics

b) art, history, traditions, museums, and historic monuments in

Catalonia

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c) Knowledge of current political, economic, cultural, and social issues

in Catalonia

In the autonomous community ARAGON, the regulation which is

concerned with the practice of the profession of tourist guide is Decree

no. 196 of 9 December 1998 [17] of the Aragon Government, which

regulates the activity of the Tourist Guide in the Autonomous

Community of Aragon), (DECRETO 196/1998, de 9 de diciembre, del

Gobierno de Aragón, por el que se regula la actividad de Guía de

Turismo en la Comunidad Autónoma de Aragón). It provides the

following:

Authorisation

1. The practice of the activity defined in Article 2 of the provisions of

this decree, will require attaining an authorization as tourist guide in

the Aragon Autonomous Community.

2. This enabling of a regional nature, will be given by the Directorate

General of Tourism of the Department of Economics, Finance, and

Marketing, after passing specific established tests and submitting the

documentation required, suitable accreditation, then it will proceed to

registration in the register of companies and tourist activities.

Tests for authorisation

The testing and appeal of the testing in view of attaining the

authorisation as a tourist guide of Aragon will be convened by the

Department of Economy, Finances, and Marketing on a proposal from

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the General Office of Tourism, setting for each appeal, the system, the

Court, and other procedural circumstances.

The requirements for having access to the tests for tourist guides in

Aragon. The individuals must fulfil the following:

a) to be of an age of majority

b) to be a national of a Member State of the European Union, a state

associated with the European Economic Area Agreement, or from a

country with a reciprocity Convention with Spain in this field.

c) to hold the title of

Technician of companies and tourist activities,

Technician of tourism companies,

Superior Technician in tourism information and marketing,

A diploma in tourism or any other university diploma.

In the case of foreign titles their approval by the competent authority

must be proved.

(d) to be accredited by a title or official certification of the knowledge of

the Spanish language and of two or more foreign languages determined

in each appeal.

The topics in the appeals for testing must include the following unit

topics:

(b) historic, cultural, artistic, social, geographical, political, and

economic knowledge on Spain, and specifically Aragon.

(c) two or more foreign languages, spoken and written.

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Persons who prove that they hold any of the titles mentioned in article 7

(c) and (d) of this Decree or others of a superior level, have the right to

confirm their knowledge, being exempt from promoting the

authorisation tests, on the conditions that these are adequately

supported by holding such proof, according to what is established in

each appeal.

Approval of the titles for the recognition of qualifications, certificates,

or diplomas attained by the nationals mentioned in letter (b) of article 7

is carried out by applying the procedure provided in chapters IV and V

of Directive 92/51/EEC or by the European Union legislation, which

are in force at that moment.


profession of tourist guide in Italy

The function of certification of competences is, as in Spain, charged

with the regions, which, within the norms and regulations of autonomy,

regulate the procedures of implementation, taking into account the

minimum standards established on the national level, for the

implementation of Constitutional Act no. 3/2001.

At the local level, the Regions, depending on the professional needs of

the territory and through consultation with the social institutions and

partners, plan the provision of training at national standards and certify

competences based on some shared models and procedures. The

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competence is registered in the training card and the individual credits

are recognized and may be used on a national and European level.

For exemplifying, the certification/confirmation procedure is presented,

in the Region of Tuscany, the Province of Florence [18].

REGIONE TOSCANA (TUSCANY Region)

Assessorato Istruzione E Formazione - Politiche Del Lavoro –

Concertazione- (the Department of Education and Professional

Training – Work policies – Consultation)

FIRENZE (50129), p. della Libertà 16

Phone: 0554382111

http://www.regione.toscana.it

Source: IL PUNTO SU...CERTIFICAZIONE DELLE COMPETENZE

The responsibilities at the level of the local administration are

different as follows:

The Region defines its own laws and regulations in accordance with

national legislation, concerning work places in tourism, it regulates

the procedures of access to authorisation certificates and it

established fines for those that practice these professions in a way

which is not compatible with the legal requirements; it accredits

schools, organisations, and agents which organise training courses

for professional qualification and specialisation;

The Province with the Bureau of Tourism Professions offers

information and assistance on the access routes to this profession and

in all related aspects and problems. The Service for Professional

Training and Employment recognises the qualification and

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specialisation courses, coordinates and controls the bodies and

schools which organise courses for authorisation, it receives the

requests of candidates for professions, it appoints the examination

commissions, it determines the calendar of exams, it ensures the

publishing on its web site and in the press of the results of the

certification exam (for tourist guides);

The Local Council, through the Sportello Unico (Single Desk), receives

the requests of the certified persons for beginning a professional tourism

activity, it checks the fulfilment of the conditions and requirements of

the law, and issues an identity card (“licence”). It ensures supervision

and compliance with the provisions of the laws and regulations on the

professions in the field of regional tourism, it gives administrative

penalties against offenders, including suspension and revocation from

the activity with the withdrawal of the identity document.

In order to become a tourist guide in the province of Firenze

(Florence), the applicant must fulfil the following requirements:

• graduating high school

• hold a practice licence, attained following the professional

qualification courses and passing the certification exam (consisting of a

written test, an oral test, and an oral simulation test)

or

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• hold a university diploma, which replaces the attendance of the

qualification courses, but not also the passing of the written and oral

exams.

One of the following qualifications/diplomas may be used to replace the

attendance of the qualification courses:

a) diploma in cultural heritage science, as well as passing the history of

art exam;

b) title in archaeology, as well as passing the history of art exam;

c) diploma in a foreign language and literature, as well as passing

history of art exam;

d) Bachelor of Arts, as well as passing the history of art exam;

e) diploma in architecture, as well as passing the history of art exam;

f) diploma in tourism science, as well as passing the history of art exam

g) other titles considered equivalent to those listed above, by the

Ministry of Education, University, and Research, as well as passing the

history of art exam.

The Local Council will determine the fulfilment of the conditions and

requirements of the law and will issue an identity card with a picture,

which does not require annual renewal. The implementation field in

which the profession of tourist guide can be practiced is provincial, and

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if the tourist guide attains the qualification in all the areas in the region

he assumes the title of “Tuscany Guide.” The tourist guide already

certified for a certain field and/or for a certain foreign language can

require the attendance of a certification exam for another geographic

area and/or one or more foreign languages (expansion), without being

required to participate in the above-mentioned professional qualification

courses.

Each year, the Province of Florence, between 1 January and 28

February, publishes an announcement for those aspiring to become

tourist guides, concerning the way to apply for admission to the exam.

Typically, the examination sessions take place in November and

December and are announced on the web site www.provincia.fi.it

Tourism or Training section.

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3. The processes of recognition of qualifications attained

in the 8 analysed Member States of the European

Union For the recognition of professional qualifications, Directive 2005/36/EC

on the recognition of professional qualification provides three

mechanisms of recognition, namely:

A system based on the preventive harmonisation of the training

content and which provides for automatic recognition.

This system is applicable for the professions of nurse, dental

practitioner, veterinary surgeon, midwife, architect, pharmacist, and

doctor.

A system based on the mutual trust between Member States

(known under the name of General System). This system is

applicable for a number of professions, which can vary among

the Member States because the directive does not impose any

regulation requirements. It is applied when the profession is

regulated in the host country and if the professional practiced it

or is authorised to practice it in his state of origin.

The recognition is not automatic, but requires a comparison between the

professional training courses – provided in the two states, as well as the

allowance, in case of “significant differences,” for compensatory

measures (proficiency test or adjustment period - article 23 of the

Decree).

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A system based on professional experience attained in the state

of origin. This system is applied to artisan, commercial, or

industrial activities specifically listed in annex IV of the

Directive and provides the automatic recognition when the

conditions explicitly provided for each profession category are

met.

The profession of Tourist Guide is recognised under the General System

of Recognition – primary application. Three Member States: Germany,

Denmark, and Great Britain do not regulate this profession at all,

allowing the tourist guides to enter the country and practice the

profession without a prior recognition [2]. For the recognition under the

general system, the recognition request is addressed to the Competent

Authority from the host Member State. This request must be

accompanied by a series of documents and certificates provided for in

annex VII to Directive 2005/36/EC. Next are presented the conditions

imposed by specific regulations in the four analysed countries where the

profession of Tourist Guide is a regulated profession.

3.1. The recognition process of the qualification of a tourist

guide in Romania

Government Decision no. 631/2003 [16] amending and supplementing

Government Decision no. 305/2001 [16] on certification and use of

tourist guides is the regulation which establishes the conditions for

practice of the profession of tourist guide in Romania, both by

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Romanian citizens, as well as by citizens of the EU and EEC Member

States, thus:

"ART. 2 (1) The tourist guide, for the purpose of this decision, is the

person who leads and guides a group of tourists or visitors, offering

necessary explanations concerning the places visited, and who ensures

the unfolding under the best conditions of the contracted tourist

programme.

(2) The profession of tourist guide can be practiced by Romanian

citizens, by citizens of Member States of the European Union, as well as

by those of Member States of the European Economic Area, of at least

18 years of age.

(3) Romanian citizens may practice the profession of tourist guide if

they hold a tourist guide attestation issued by the Ministry of Tourism

based on a qualification certificate attained on completion of a

qualification course at the National Centre of Tourism Education

(C.N.I.T.) or other authorised institutions in Romania.

(4) Citizens of Member States of the European Union or citizens of

Member States of the European Economic Area can practice the

profession of tourist guide in Romania if they hold an attestation as

tourist guides issued by the Ministry of Tourism based on documents

proving their professional qualifications attained at authorised

institutions from their states of origin or based on documents proving

their professional experience, issued by these states.”

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In Romania there is no described and legislated procedure for the

recognition of the qualification of Tourist Guide held by citizens of

Member States of the European Union or of the European

Economic Area.

3.2. The recognition process of the qualification of a tourist

guide in Austria

Tourist guides from the European Union and the European Economic

Area have the right to lead trips in Austria, on the condition of the

approval by the Ministry of Economy and Labour of their professional

qualifications as being equivalent to the Austrian standard established in

the Commerce Act, and on the condition that these are not residents in

Austria (the freedom of providing cross border services). Besides these

clearly defined judicial exceptions, only Austrian tourist guides (or

tourist guides who were examined in Austria), with a valid commercial

licence are allowed to do commercial tours. The certified tourist guide

who does not hold a commercial licence may enter into a contract for

services with an authorised independent tourist guide. In this case, an

exam for tourist guides administered by the state and a special exam for

contractors ("Dienstnehmerprüfung"/employee testing) are required.

Paragraph 1 of the Commerce Act establishes the main purpose of

authorising the profession of tourist guide.

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A commercial licence is required for practicing the profession of Tourist

Guide with the purpose of leading a group of persons in order to show

them and to explain to them:

The historic, artistic, and cultural heritage of Austria (public places and

buildings, collections, exhibitions, museums, monuments and

memorials, churches, monasteries, theatres and entertainment places,

industrial buildings, folk events, as well as the characteristic landscape,

flora, and fauna)

1. The social and political situation of Austria in national and

international context

2. Sportive and social events

The practice of the activities established in paragraph 1, item 1 requires

permanent residence in Austria, with the exception of individual cases

in accordance with paragraph 373d where the Federal Ministry of

Economy and Labour declare qualifications of the person who practices

the profession to be equivalent to the national certificate of qualification

for the profession of Tourist Guide.

Professional Licence

The authorities must issue a professional licence (authorisation), which

includes a photo of the guide authorised to practice the profession, in

order to identify him. The authorisation shall specify the languages for

which the holder of the authorisation is competent. In addition, the

authorisation shall contain mentions of the specialised knowledge fields

which the authorised person holds, an adequate proof of which was

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forwarded to the relevant district authorities. The persons authorised to

practice the profession of Tourist Guide must wear an internationally

recognised badge of their professional status.

Contact for additional information: Wirtschaftskammer Österreich

Fachverband Freizeitbetriebe/ Austrian Commerce Chamber –

recreational facilities E-mail: [email protected]

3.3 The recognition process of the qualification of a

tourist guide in Italy

Italy is the first state which transposed the European Directive

2005/36/EEC in its internal legislation. Legislative Decree no. 206/2007

partially or totally repeals the national legislation which regulates the

problem of recognition of professional qualifications. The text of the

transposition refers to the so called “regulated” professions and the

definition of the Italian regulated professions is entrusted in art. 4,

paragraph 1, letter a) of d. LGS. n. 206/07. The transposition of the

norms of Directive 2005/36/EC (Directive 89/48/EC and Directive

92/51/EEC*†, of the Council of Europe), into the national legislation of

Italy was thus done through the Legislative Decree no. 206 of 6

November 2007 (Decreto Legislativo n. 206, 6 novembre 2007,

*these directives were repealed by the adoption of Directive 2005/36/EC on the

recognition of professional qualifications

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Gazzetta Ufficiale n. 261 del 9 novembre 2007, Supplemento ordinario

n. 228).

This decree determines that for the recognition under the general

system, the recognition request is addressed to the Competent Authority

from the host Member State (Italy). This request shall be accompanied

by a series of documents and certificates provided in annex VII of

Directive 2005/36/EC on the recognition of professional qualifications.

Typically, the documents requested in Italy from EU citizens who

wish to settle in this country are:

• A copy of a valid identity document, in which there is no signature of

the person in question.

• An authenticated copy of the qualification specific to the profession in

question (with the mention of the exams taken which are required for

determining the possibility of significant differences in comparison with

the national training, provided in article 14 of the directive)

• An authenticated copy of the qualification specific to the activity, if it

is provided for in the country where the qualification was attained;

• A legalised copy of the registration in the Professional Register in the

country where the title was attained, only if it is supplied in this country;

• Declaration of value in an original copy issued by the Italian

Diplomatic Authority or Consulate in the country where he was awarded

the title for which he requests the recognition, specifying:

1. that the title was issued by a competent authority in the country of

origin;

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2. the access requirements for the course (basic education);

3. that the title is authorised for practicing in the country where it was

issued;

4. the duration of the training programme for the title in question;

5. the authenticity of the signature on the title (in the absence of

authenticity, the legalisation of the title by the competent authorities is

required);

6. professional activities which the title allows to be practiced in the

country of origin.

It should be mentioned in this regard that, in general, this document is

not required anymore for EU citizens, but only for non-EU ones.

• A certificate attesting that there are no penal or professional obstacles

to practicing the profession, issued by the competent authority in the

country of origin and/or of provenance.

• A certificate which presents in detail any work activity in the country

of origin, as a result of completion of the qualification for which the

recognition is requested (including periods of practical training).

All documents in a foreign language must be accompanied by a

translation into the Italian language. This translation must have certified

its conformity with the original text through the Italian Embassy or

Consulate in the country where the document was issued, or to be

certified under oath in an Italian Court Room.

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When a certified copy is required, citizens of the European Union can

submit the documents as photo-copies, in accordance with articles 47

and 76 of D.P.R. 445/2000[8].

For a person from a member country of the EU who wishes to practice

as a Tourist Guide in Italy, the recognition of qualification is done in

accordance with Decree Law no. 206 /2007. Thus, the person in

question shall submit a request to the President of the Council of

Ministers, the Department for Development and Competitiveness of

Tourism.

The contact information of the Competent Authority for a Tourist

Guide, Touristic Escort, Technical Manager of a travel agency and

tourism are:

Presidenza del Consiglio dei Ministri/President of the Council of

Ministers

Dipartimento per lo Sviluppo e la Competitività del Turismo/The

Department for Development and Competitiveness of Tourism

Ufficio I – Servizio relazioni comunitarie e attività internazionale/Office

I - Service for European Union relations and international activity

Via della Ferratella in Laterano, 51 - I - 00184 Roma

Phone: +39 06 45532 5210

Fax: +39 06 45532 5426

www.governo.it/Presidenza/DSCT/professioni_turistiche_mod.html

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(modello per la domanda di riconoscimento/ sample of the recognition

request)

Request of recognition of the title/professional training of tourist

guide attained in ….. (the origin Member State) Decree Law

206/2007[8]

The undersigned…………, citizen of ………., born on……,

resident of……., holder of the professional training title of tourist guide

attained in ………1, at………..2, in……….3,on………..4 or holding the

professional training attained in ………..1

I request the recognition of the title of professional training

mentioned above for practicing the profession of tourist guide in

………..5 in the following languages …………6 since there is no penal

or professional impediment concerning this practice.

The undersigned, mindful of the responsibilities and sanctions provided

by the law for fraudulent statement in statutory declarations and false

declarations, I take it upon myself to declare the above to be true

(D.P.R. 28.12.2000, n. 445).

1) the state which issued the title shall be specified

2) the name of the entity which issued the title shall be specified

3) the city of the entity which issued the title shall be specified

4) the issue date of the title shall be specified

5) it shall be specified in which territorial area in Italy one desires to

practice

6) the same language as that specified on the guide badge is specified

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ANNEXES:

a) signed Curriculum Vitae

b) a certificate or a legalised copy of a document attesting the

citizenship

c) the legalised copy of the high school diploma

d) a certified copy of the professional title, with a specification of the

training program: disciplines, duration, etc.

e) a statement attesting to the fulfilment of all requirements for access to

the profession in the country of origin, issued by the competent national

authorities in the country of origin

f) a legalised copy of the identity card

g) the certificates issued by institutions or individuals (agents)

concerning the professional experience

h) Any other documents considered useful for the assessment in question

ANNEXES required if the profession is not regulated (if in the country

of origin, for the access to and practice of the activity in question, in the

absence of legislative provisions for regulation or administration, the

fulfillment of any special condition is not required):

a) a signed Curriculum Vitae

b) a certificate or a legalised copy of a document attesting the

citizenship

c) the legalised copy of the high school diploma

d) a detailed list of the services provided for 2 years during the last ten

years, including the days of activity, the places, as well as the adequate

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certifications, fiscal data or submission of invoices or receipt of

payment

e) Any other documents considered useful for the assessment in

question.

All the documents submitted in foreign languages shall be accompanied

by a translation into the Italian language, which must be done by

authorised translators and certified in accordance with the original text,

by the competent Italian Consulate, the Embassy, or by a translator

authorised by the ompetent Italian Judicial Authority.

The professional title shall be submitted as certified copies of the

original, which are already legalised by the Italian Consulate.

For foreign citizens who wish to work as tourist guides in Italy, the

regulations and requirements for the access to work places in tourism

are established through regional laws and, in Tuscany, through Act no.

42 of 2000, with its future amendments and supplements. Legislative

Decree no. 206 of 2007, which transposes EU Directive no. 36 of 2005,

provides for the recognition of the title of tourist guide for citizens who

already hold a diploma attained in an EU country. The Decree of the

President of the Republic (DPR) no. 394 of 1999 allows the recognition

of the title of tourist guide also for the citizens who hold a diploma in a

country outside the EU. It is also possible for the persons authorised as

tourist guides in their own country to attain a temporary authorisation

for practicing in Italy.

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If the applicant is certified as a tourist guide in a country in the EU or

outside the Union, he needs to apply for approval with the President of

the Council of Ministers of the Italian Government, the Department for

Development and Competitiveness in Tourism (the Forms section); a

similar request, a "prior statement, if the service provider travels" shall

be submitted, if temporary and occasional provision of services is

desired in Italy. There is regulation, forms, the code of conduct, and a

list of licensed tourist guides for temporarily practicing in Italy.

The Department for Development and Competitiveness in Tourism

sends, for those who requested the recognition of the title in Italy and in

the province of Florence, to the Service of Professional Training, the

decree of recognition, with which to admit the recognised professional

to an exam, usually both written and oral.

Those qualified as tourist guides in their own country who wish to

practice this profession in Italy and in Florence, shall participate in the

training course of 900 hours, authorised by the province of Florence, the

Service of Continuous Professional Training; presence at this course is

mandatory (in 70% of the total number of hours in order to be admitted

to the examination tests, and distance studies are not possible, due to the

fact that the course takes place in the classroom and includes direct

visits to the museums and churches of the city, as well as a final written

and oral exam).

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For the Tuscany Region, Province of Florence, the legislative references

for the certification/confirmation of the qualification of a tourist guide

are:

Il Titolo III della legge regionale n. 42 del 23/03/2000 "Testo Unico

delle leggi regionali in materia di turismo in Toscana", come

modificata dalla legge regionale n. 14 del 17/01/2005 (Title III of

Regional Act no. 42 of 23/03/2000 "the regional consolidated acts on

tourism in Tuscany", as it was amended by Act no. 14 of

17/01/2005)

Regolamento attuativo legge regionale n. 42 del 23/03/2000 (The

regulation of implementation of regional act no. 42 of 23/03/2000)

Decreto del Presidente della Repubblica (DPR) n. 394 del 1999, ome

modificato da Decreto del Presidente della Repubblica 18 ottobre

2004, n. 334 (Decree of the President of the Republic (DPR) no. 394

of 1999, as it was amended by Decree of the President of the

Republic no. 334 of 18 October 2004)

Decreto legislativo n. 206 del 2005 (Legislative Decree no. 206 of

2005)

Direttiva dell'Unione Europea n.36 del 2005 (Directive of the

European Union no.36 of 2005)

http://www.provincia.fi.it/fileadmin/assets/TURISMO/professioni_turistiche/LR42_2000_TestoUnicoSulTurismo.pdf



http://www.provincia.fi.it/fileadmin/assets/TURISMO/professioni_turistiche/DPRG46Rev_RegolamentoAttuazione.pdf

http://www.provincia.fi.it/fileadmin/assets/TURISMO/professioni_turistiche/DPR394_1999modificato.pdf




http://www.provincia.fi.it/fileadmin/assets/TURISMO/professioni_turistiche/decreto_legislativo_206_2003.pdf

http://www.provincia.fi.it/fileadmin/assets/TURISMO/professioni_turistiche/direttiva_europa.pdf

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3.4 The recognition process of the qualification of a

tourist guide in Spain

The law which regulates the practice of the profession of tourist guide in

Catalonia is Decree no. 5 of 7 January 1998, amended by Decree no.

120 of 20 March 2000 (which amends art.11 concerning the

"Recognition of authorisations of other states ", thus:

Persons who practice as Tourist Guides based on some authorisations

issued by other regions of Spain or by official bodies in the Member

States of the European Union, if they do not prove adequate knowledge

on the matter, including articles 9.3.b) and 9.3.c), may choose, for the

recognition, a proficiency test or a traineeship period, in accordance

with the provision of Directives 89/48/EEC and 92/51/EC*‡. In

addition, they shall also prove basic knowledge of the Catalan and

Spanish languages."

Recognition of authorisations of other administrations

Persons who practice the activity of tourist guide based on some

authorisations issued by other Spanish regions or other Member States

of the EU may request the Directorate General of Tourism of the

Government in Catalonia, the recognition, in accordance with the

provisions of Directives 89/48/EEC and 92/51/EEC§. In this regard, a

compensatory measure is provided, passing a test made up of a written

exercise in one of the official languages of the Spanish state or of any

‡These directives were repealed with the adoption of Directive 36/2006/EC

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Member State of the EU on the topics of paragraph 9.3. As appropriate,

a test in the Spanish (Castilian) and Catalan languages must also be

passed.

Recognition of the qualification of tourist guide in Catalonia

The assessment process for the recognition of the qualification of tourist

guide in Catalonia, with or without foreign languages, and of expansion

of the foreign languages for the persons already authorised is presented

below. Candidates can also attend the assessment process for attaining a

Catalan tourist guide authorisation with sign language. In addition,

persons who hold an attestation as a tourist guide issued by another state

may also attend, under the defined conditions.

This process is addressed to:

• all those desiring to be tourist guides in Catalonia.

• the professionals who want to expend their offer.

• persons who hold a tourist guide qualification, issued by another

government and requested its recognition.

To go through the procedure of recognition, the applicant shall

register between 03/07-03/09/ of the current year.

Phase 1- informing the applicants

The deadline for applying is 03.09 of the current year.

The documentation which will be annexed to the request:

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If the applicant is a foreign person who does not have his

residence on Spanish territory: a photocopy of his identity

document.

If he is a person who is a citizen of a country outside of the

European Union and the European Economic Area:

An original certificate attesting that a person of a Spanish nationality

will not be discriminated against in accordance with his citizenship in

order to practice the profession of tourist guide in the country in

question. This certificate shall be issued by the competent authority

(embassy, consulate, or body of the competent public administration for

tourist guides).

Requirements of authorisation as a tourist guide in Catalonia:

1. To be a citizen of a country in the European Union or the European

Economic Area, or a country with which Spain has reciprocity

treaties, on this matter.

2. To hold one of the following titles:

Technician of tourism companies

Technician of tourism companies and activities

Diploma in tourism

Diploma in tourism companies and activities

A university degree

3. Higher degree training cycle in Tourism information and

marketing

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4. if the title is a foreign one, the adequate approval of the competent

ministry must be given.

5. To know the Catalan and Spanish languages.

For expansion of foreign languages for already authorised guides

To be a tourist guide in Catalonia, registered in the Register of Tourism

in Catalonia, in the appropriate section.

For the recognition of authorisations issued by other public

authorities

The recognition of the qualification of tourist guide issued by other

authorities is required

Taxes

In accordance with article 55 of Act 5/2010, the amount of the

registration fees is as follows:

• For practicing as a tourist guide in Catalonia: 40 €.

• If the candidate attends the exam in order to test more than one

language (except Catalan or Castilian): 15 € for each additional

language.

• For expansion of activity of a tourist guide in another language: 20 €

for each language.

Phase 2 – the request

This is done in person by the applicant.

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The request form will be downloaded, which can be found in several

places, namely at:

• Management Bureau (OGE)

• In any of the places provided in article 38.4 of Act 30/ of 26 November

1992, on the judicial regime of the public administrations and the

common administrative procedure.

(If it is submitted at a post office the envelope will be opened, so that

the request will be dated and stamped by the public postal official before

it will be certified).

Phase 3- receiving the response of the administration

The final list of those admitted and excluded, as well as the date, hour,

and where the first test will take place, will be published on the notice

boards of the Regional Department of Services for Business and

Employment and of the Department of Tourism.

• The possibility of appeal

Against the final resolution of authorisation as a tourist guide in

Catalonia and expansion of qualified guides into other languages issued

by the Directorate General of Tourism, the person in question may make

an appeal to the hierarchically superior authorities within one month

from the second day after the publication of the DOGC resolution, in

accordance with articles 114 and 115 of Act 30/1992 of 26 November.

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The standard procedure for the recognition of a qualification

Based on an analysis of the procedures of recognition of qualifications

for each profession, common elements of procedure were identified for

each Competent Authority. By analysing the elements of procedure

specific to each profession, a series of common elements was

determined, specific to each field. Based on the generalisation of the

results obtained by each competent authority, but also on some data

directly known from the general framework of the process of

recognition of regulated qualifications/professions, a standards

procedure of recognition for regulated professions, which can be

presented schematically as in figure no. 3, was developed.

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* In some cases the taxes are charged on the submission of the file and are partially refunded if the

qualification is not recognised, and in other cases they are paid prior to the interview;

Figure no. 3 The standard procedure for recognition of a qualification

This procedure is included in the Guiding standard terms of reference

for the confirmation and certification of competences and the processes

of recognition of qualifications, obtained as a result of this project.

*

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4. SOLVIT

SOLVIT [15] is a problem solving network, in which Member States of

the EU work together to solve, without using legal proceedings,

problems caused by the misapplication of Internal Market law, by public

authorities. SOLVIT deals with cross-border problems between a

business or a citizen on the one hand and a public authority on the other,

where there is possible misapplication of EU law. The policy areas

SOLVIT has most frequently dealt with are:

Recognition of Professional qualifications and diplomas;

Access to education;

Residence permits;

Voting rights;

Social security;

Employment rights;

Driving licences;

Motor vehicle registration;

Border controls;

Market access for products;

Market access for services;

Establishment as self-employed;

Public procurement;

Taxation;

Free movement of capital or payments

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When a case is submitted to SOLVIT, the local SOLVIT centre

(known as the SOLVIT centre “of origin”) will first check the details of

the applicant’s complaint in order to make sure that there is indeed a

misapplication of the Internal Market rules and that all the required

information is available. Following this, it will introduce the specific

case in an electronic data base and the information will automatically

be sent to the SOLVIT centre from the other Member State where the

problem occurred (known as the “responsible” SOLVIT centre).

The responsible SOLVIT centre shall confirm within a week if

it will take over the submitted case. This depends largely on whether the

case is considered as being well founded and on the existence of the

possibility of being solved pragmatically. If the settlement of the

problem entails the repeal of a national law– and not just its adequate

implementation– this sometimes requires a formal judicial action. In

some cases however, SOLVIT can take measures to persuade the

Member State to give up the implementation of the incorrect rules, even

before the repeal of the law in question.

The two SOLVIT centres shall cooperate trying to solve the

problem, and the SOLVIT centre “of origin” shall keep the applicant

informed concerning the progress of the case.

Below, are presented the national SOLVIT Centres, of Member

States of the European Union which were analysed:

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Table 4.

Member State of the

European Union SOLVIT Centre Contacts

Czech Republic

Odbor vnitřního trhu a služeb EU,

Ministerstvo průmyslu a obchodu/ The

Department of Internal market and policy

in the field of services, The Ministry of

Industry and Commerce

Na Františku 32 CZ - 11015 Praha 1,

Phone +420 22 4221701,Fax. +420 22 485

3079, [email protected]

Barbora Hanáková

Zuzana Bakotová

Tomáš Stehlík

Denmark

Danish Business Authority

(Internal Market Centre),

Langelinie Allé 17 DK - 2100 Copenhagen,

Phone: +45 35 46 62 00 (the hotline)

Phone: +45 35 46 66 16

Phone: +45 35 46 66 73, [email protected]

Jens Kasper

Rasmussen

Sofie Freilev

Karin Kragshave

Kristian Yde Agerbo

Germany

Bundesministerium für Wirtschaft

und Technologie/ Federal Ministry of

Economy and Technology , Scharnhorststr.

34-37, DE - 10115 Berlin, Fax. +49 3018

6155379,[email protected]

Lisa Teichmann

Spain

SOLVIT - España

Ministerio de Asuntos Exteriores y de

Cooperación /SOLVIT Spain, The

Ministry of Foreign Affairs and

Cooperation, Serrano Galvache 26

ES - 28033 Madrid, Phone: +34 91 379 9999

Fax. +34 91 394 8684, [email protected]

Ana Iglesias

Ana María Hernández

Javier Pascual

Pontones





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Member State of the


Italy

Presidenza Consiglio Ministri

Dipartimento Politiche Comunitarie/

The Presidency of the Council of

Ministers, The Department of

European Union Policy,

Piazza Nicosia 20 IT - 00186 Roma,

Phone: +39 06 677 95 844

Fax. +39 06 677 95 044,

[email protected]

Giuseppina VALENTE

Francesco CIPRI

Massimo SANTORELLI

Netherlands

SOLVIT Nederland

Ministerie van Economische Zaken,

Landbouw en Innovatie/ SOLVIT

the Netherlands, The Ministry of

Economic Affairs, Agriculture and

Innovation, Bezuidenhoutseweg 30

Postbus 20101 NL - 2500 EC Den

Haag, Phone: +31 70 379 7708

Fax. +31 70 379 7014

[email protected]

Koen van Ginneken

Austria

Bundesministerium für Wirtschaft,

Familie und Jugend, SOLVIT

Centre/ The Federal Ministry of

Economy, Family, and Youth

Abteilung C1/2, Stubenring 1 AT -

1010 Wien,Phone: +43 1 71100-5119

Phone: +43 1 71100 - 5293

Phone: +43 1 71100-5187

Phone: +43 1 71100-2207

[email protected]

Sylvia Vana

Alexandra Gaudmann-

Heber

Christian Müller




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Member State of the


Romania

Ministry of European Affairs,

Government of Romania

Bvd. Aviatorilor no. 50A, Sector 1,

Bucharest 011854,

Phone: +40 21 308 53 40

Phone: +4021 308 53 71

Phone: +40 37 410 45 23

Fax. +40 21 308 53 96

[email protected]

Romulus BENA

Karina STAN

Ramona-Maria CIUCĂ

Great Britain

Department for Business,

Innovation and Skills

1 Victoria Street

UK - London SW1H 0ET Phone: +44 20 7215 2833

Fax. +44 20 7215 2234

[email protected]

Chris Korcz

5. Practicing the profession of tourist guide in the

European Union

From the documentary analysis achieved, it follows that the status of the

practice of the profession of Tourist Guide is very different among the

Member States of the European Union. In the majority of states this

profession is performed in the form of free-lancing, the individuals

rendering this service not having the status of permanent employees.

The professionals are usually organised in associations of national



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tourist guides and/or of tour operators who are themselves represented

by one of the following associations in the European Union:

• The European Federation of Tourist Guide Associations (FEG)

• European Tour Operators Associations (ETOA)

• The European Travel Agents’ and Tour Operators’ Associations

(ECTAA)

Another aspect which influences the practice of the profession is the fact

that in the 12 Member States of the EU this profession is regulated,

which creates problems for the professionals who want to render this

service in these states. The tourist guides from the MS where the

profession in not regulated and who go to render the service in MS

where the profession is regulated meet difficulties, such as the fact that

many of the documents required by the CA in the host MS are not

available in the origin MS. For example, art.5 and art.7 of the Directive

on the recognition of professional qualifications require that the

individuals prove two years of professional experience within the last 10

years, as part of the preliminary statement. The fragmented structure of

the practice of this profession makes attaining such proof difficult for a

tourist guide. In addition, for the tourist guides who usually provide

services during short periods of time, imposing an adjustment period of

6 months is not feasible. To this end, the proficiency test is preferred. In

Italy, for example, both measures are used, both the adjustment period,

as well as the proficiency test [3].

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A beneficial measure for tourist guides in Europe is considered to be the

introduction of the professional card. This card exists in Slovenia and

France as a national card that gives its holder the right to work in certain

predefined areas. Some MS consider that this card could replace the

prior declaration.

Another aspect which needs to be considered in practicing the

profession of tourist guide is the reserve of activities [19].

The reserve of activities: any requirement that reserves the practice of

an activity to the holders of a certain specific professional qualification.

Holders of specific professional qualifications can have exclusive rights

to provide specific services on the market of the Member State which

has a reserve of activities;

Exclusive reservation of activities: only the holder of a specific

professional qualification may practice a specific activity of service

provision;

Shared reserve of activities: two or more different professions share

the right to practice a certain activity or professional duty.

There is a clear distinction in the tourism sector in addressing the

regulation adopted in different European countries.

There are clear differences between the Nordic countries of the EU, the

countries from the South in the EU, and the new Member States. Five of

the Nordic countries of the EU have no reserved activity in the tourism

sector, namely Denmark, Finland, Germany, the Netherlands, and Great

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Britain. However, an exclusive reserve of activities was identified in

countries such as Italy, Portugal, Slovenia, and Spain. Although regional

reserves of activities, i.e. qualification requirements specific to the local

and/or regional area, constitutes an additional barrier in the way to

mobility, this is another type of market restriction which acts on the

internal level. Examples of legislative reforms were also identified

which would deregulate some professions in the tourism sector. For

example, in the Czech Republic, the tourist guide profession was

deregulated in 2008, by a change in the system of granting the licenses

(which repeals the reserved activities). Yet, in the tourism field, the

profession of tourist guide has the highest level of reserve of the

activity. There is an exclusive reserve of activities in five European

countries (Greece, Italy, Portugal, Poland, Spain) [19].

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6. Conclusions

1. The profession of Tourist Guide is a profession practiced on a large

scale in the world as a consequence of the importance of tourism in the

world economy. Considering that it is a profession which belongs to the

services sector and that through the nature of his work the tourist guide

interacts with the tourists and can influence their health and security, in

many countries this profession is regulated.

2. In Europe there is a series of European Standards, the EN European

Standard CEN 13809 - Dictionary of standardization in tourism and

European Standard EN 15565:2008 – Tourism services –

Requirements concerning the professional training and

qualification programmes for tourist guides, which bring a common

language, an understanding of the definitions and terms used, as well as

a mandatory minimum content for the professional training.

3. At present, the mandatory professional training for the access to the

profession is different in the 12 Member States which regulated this

profession, generally being at a secondary educational level non-

university (EQF level 5), but there are also states which require a

university diploma (Italy, Spain).

4. The procedures of certification/confirmation of competences of

tourist guides are also different among MS, in countries such as Italy

and Spain, these procedures are established by the legislation of each

region or province. However, it is to be noted that a common and

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mandatory element is the exam through which the competences are

proven. In addition, proof of knowledge and proficiency in foreign

languages is also very important.

5. Practicing the profession is conditioned on holding an

authorisation/certification/licence/insignia which is attained after

passing the exam of certification/confirmation of competencies.

6. The procedures of recognition of the qualification of Tourist Guide

for EU citizens are also different, they are however part of the

provisions of Directive 2005/36/EC on the recognition of professional

qualifications, being, in Italy and Spain, specific to each autonomous

region.

Despite all these differences, the existence of a standard which

established the requirements for the professional training and

qualification programmes, of a professional card at a national level

(France, Slovenia), and a positive approach of the MS in favour of

broader usage of the European professional card will contribute to

facilitating freedom of movement for tourist guides, as well as to

improvement of the quality of services offered by these on the European

Internal Market.

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7. THE LIST OF ABREVIATIONS USED IN THE PAPER

MEN - The Ministry of National Education

ANC - National Qualifications Authority

IPS -The Institute of Social Policies

EC - European Commission

MS - Member State

CA - Competent Authority

EQF - European Qualifications Framework

CEN - European Committee for Standardization

EEA - European Economic Area

CEFR - Common European Framework of Reference for Languages

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8. BIBLIOGRAPHY

1. Act no. 200/25 May 2004 on recognition of diplomas and

professional qualifications for the regulated professions

Romania

2. http://ec.europa.eu/internal_market/qualifications/regprof/index.

cfm

3. http://www.europarl.europa.eu/committees/en/studiesdownload.

html?languageDocument=EN&file=32751, Directorate General

for internal policies, policy department, economic, and scientific

policies, Recognition of professional qualifications

IP/A/IMCO/ST/2010-08 October 2010

4. www.iqc-vienna.com

5. http://www.austriaguides.at/index.php?id=28&L=2

6. www.mesadelturismo.com

7. http://www.freizeitbetriebe-

wien.at/guides/download/WienerFremdenfuehrerVerzeichnis20

09.pdf

8. Presidenza del Consiglio dei Ministri, Dipartimento per

l’informazione e l’editoria - GUIDA ALL’UTENTE, Direttiva

2005/36/CEE relativa al riconoscimento delle qualifiche

professionali

9. REAL DECRETO 1837/2008, de 8 de noviembre, por el que se

incorporan al ordenamiento jurídico español la Directiva

2005/36/CE, del Parlamento Europeo y del Consejo, de 7 de

septiembre de 2005, y la Directiva 2006/100/CE, del Consejo,

de 20 de noviembre de 2006, relativas al reconocimiento de

cualificaciones profesionales, así como a determinados aspectos

del ejercicio de la profesión de abogado)

10. Project No. 510487-LLP-1-2010-BE-LEONARDO-LMP,

www.toerismevlaanderen.be



http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDocument=EN&file=32751

http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDocument=EN&file=32751

http://www.iqc-vienna.com/

http://www.austriaguides.at/index.php?id=28&L=2

http://www.mesadelturismo.com/

http://www.freizeitbetriebe-wien.at/guides/download/WienerFremdenfuehrerVerzeichnis2009.pdf



http://www.toerismevlaanderen.be/

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11. European Standard CEN 13809:2003, Tourism Services -

Travel Agencies and Tour Operators – Terminology

12. EN 15565:2008 European Standard for Tourism Services –

Requirements for the programmes of professional training and

qualification of tourist guides www.iqc-vienna.com

13. http://www.iqc-vienna.com/en/page/show/p/tourism_guides

14. ORDINANCE NO. 990 of 14 December 2009 for amending

some normative acts in the tourism filed in order to implement

the Emergency Ordinance of the Government no. 49/2009 on

the freedom of establishment of service providers and the

freedom of providing services in Romania

15. http://ec.europa.eu/solvit/site

16. http://turism.gov.ro/legislatie/

17. http://www.mesadelturismo.com/common/mt/compendio/legisla

cion-sectorial/guias/catalunya/dec_5-98_cat.shtm

18. http://www.provincia.fi.it/turismo/le-competenze/professioni-

turistiche

19. DG Internal Markets and Services, Centre for Strategy and

Evaluation Services- Study to provide an Inventory of Reserves

of Activities linked to professional qualifications requirements

in 13 EU Member States and assessing their economic impact,

Final Report, January 2012, www.cses.co.uk

http://www.iqc-vienna.com/

http://www.iqc-vienna.com/en/page/show/p/tourism_guides

http://ec.europa.eu/solvit/site

http://turism.gov.ro/legislatie/



http://www.provincia.fi.it/turismo/le-competenze/professioni-turistiche

http://www.provincia.fi.it/turismo/le-competenze/professioni-turistiche

../Local%20Settings/Temp/www.cses.co.uk

tourist guide

Documents

qualification of tourist

3s53132 guide

social security

regulated profession

process of recognition

social partners

processes of recognition

imi pq net romania project