Tourist guide

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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 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 2. Confirmation/certification procedures of competences applied by the Competent Authorities in countries where the profession is regulated 2.1. Reconfirmation/certification procedures for the profession of tourist guide in Romania 2.2 Reconfirmation/certification procedures for the profession of tourist guide in Austria 2.3. Reconfirmation/certification procedures for the profession of tourist guide in Spain 2.4 Reconfirmation/certification procedures for the profession of tourist guide in Italy 3. The processes of recognition of qualifications attained in the 8 analysed Member States of the European Union 3.1 The process of recognition of the qualification of a tourist guide in Romania 3.2. The process of recognition of the qualification of tourist guide in Austria 3.3 The process of recognition of the qualification of tourist guide in Italy 3.4. The process of recognition of the qualification of tourist guide in Spain 4. SOLVIT 5. Practicing the profession of tourist guide in the European Union 6. Conclusions 7. List of abbreviations 8. Bibliography

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25 28 29 34 39

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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), cofinanced 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).

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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

SEC – Certificate attesting the Ghid de turism/ The Ministry of Economy – The National Authority completion of a Tourist Guide for Tourism secondary course, Art. 11 b

General system of recognition – primary application

AUSTRIA

Bundesministerium für Wirtschaft, Familie und Jugend Federal Ministry for Fremdenführer/ Economics, Family, and Youth; Email: Tourist Guide service@bmwa.gv.at http://www.en.bmwfj.gv.a t/Enterprise/Trades/Seiten /TheTradeAct.aspx URL: www.bmwa.gv.at

General system of recognition – primary application

DSE - Diploma (postsecondary education), including Annex II (ex 92/51, Annex C, D), Art. 11 c

General system of recognition – primary application General PS3 - Diploma of post- system of secondary level (3-4 recognition years), Art. 11 d – primary application

Cyprus Tourist DSE - Diploma (postOrganization; Email: secondary education), cytour@visitcyprus.com including Annex II (ex URL: 92/51, Annex C, D), www.visitcyprus.com Art. 11 c

CYPRUS

Ξεναγός / Tourist Guide

FRANCE

Guide touristique/ Tourist Guide

GREECE

Organization for Vocational education and training, Department for Ξεναγός/ European and Tourist Guide International Relations Email: tm.isotimion@oeek.gr

DSE - Diploma (postsecondary education), including Annex II (ex 92/51, Annex C, D), Art. 11 c

General system of recognition – primary application

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MS

Name of profession MS/EN

HUNGARY Idegenvezető/ Tourist Guide

Guida turistica/ Tourist Guide

ITALY

Tourist Guide

MALTA

POLAND

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CA name Oktatási Hivatal, Magyar Ekvivalencia és, Információs Központ Educational Authority, Hungarian Equivalence and Information Centre Email: recognition@oh.gov.hu URL: www.professionalre cognition.gov.hu 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: g.corrado@governo.it Ministry for Tourism

Qualification level

Usługi świadczone przez pilotów wycieczek/ Services rendered by tour leaders

Recognition according to Directive 2005/36/EC

General DSE - Diploma (postsecondary education), system of including Annex II (ex recognition 92/51, Annex C, D), – primary Art. 11 c application

General SEC – Certificate system of attesting the completion of a recognition secondary course, Art. – primary 11 b application General DSE - Diploma (postsecondary education), system of including Annex II (ex recognition 92/51, Annex C, D), – primary Art. 11 c application

Valstybinis turizmo departamentas PS3 - Diploma of postLithuanian State secondary level (3-4 Department of Tourism years), Art. 11 d Email: vtd@tourism.lt URL: www.tourism.lt Minister Sportu i Przewodnik SEC – Certificate Turystyki attesting the turystyczny/ Ministry of Sport and completion of a Tourist guide Tourism secondary course, Art. http://www.msport.gov.pl/ 11 b

Gidas/ Tourist Guide

LITHUANIA

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General system of recognition – primary application

General system of recognition – primary application Recognition of the SEC – Certificate professional attesting the completion of a experience secondary course, Art. Annex IV – 11 b automatic recognition

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MS

SLOVENIA

Name of profession MS/EN

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CA name

Structural Instruments 2007 - 2013

Qualification level

Turistični vodnik/ Tourist guide SEC – Certificate Turistični TURISTIČNO attesting the GOSTINSKA vodnik completion of a turističnega ZBORNICA SLOVENIJE/ Chamber of secondary course, Art. območja/ 11 b tourism and commerce of Tourist Guide Slovenia of tourist area http://http//www.gzs.si

Recognition according to Directive 2005/36/EC

General system of recognition – primary application

Email: info@gzs.si

SPAIN

Autonomous Regions Guía de DSE - Diploma (post- General turismo/ Tourist http://ec.europa.eu/interna secondary education), system of l_market/qualifications/re Guide including Annex II (ex recognition gprof/index.cfm?action=v 92/51, Annex C, D), – primary iew_document&id_docum Art. 11 c application ent=366

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

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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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Germany

Slovakia

Poland

Czech Republic

Italy

Other Countries

5% 4%

39%

6% 10% 36%

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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Austria

Poland

Denmark

Great Britain

Germany

Other Countries

10%

15% 26%

10%

8% 31%

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

DSE - Diploma DSE - Diploma (post-secondary (post-secondary education), SEC – education), SEC – Certificate including Annex Certificate including Annex II attesting the II (ex 92/51, attesting the (ex 92/51, Annex completion of a Annex C, D), Art. completion of a C, D), Art. 11 c secondary course, 11 c (diploma secondary (diploma attesting Art. 11 b attesting either Directive course, Art. 11 either training at a (certificate training at a post2005/36/EC b (certificate post-secondary attesting to the secondary attesting to the education level, or, completion of a education level, completion of a in the case of a secondary or, in the case of a secondary regulated education cycle) regulated education cycle) profession, training profession, with a special training with a structure) special structure)

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MS

Legislation specific to the MS

GOVERNMENT OF ROMANIA MINISTRY OF LABOUR, FAMILY, SOCIAL SECURITY AND ELDERY PERSONS AMPOSDRU

ROMANIA 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

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AUSTRIA

The association of authorised guides in Vienna http://www.guidesin-vienna.at/ The training course includes approximately 900 hours followed by three exams in German and at least one foreign language

Source: Government http://www.guidesDecision no. 866 in-vienna.at/ /2008, annex 4 Classification of professional qualifications for which training is provided through post-secondary schools: QualificationTour agent-guide, level 3

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ITALY

SPAIN

EQF Level 4 Diploma of Maturity- tourism operator- Istituto Decree no. 5 of 7 January 1998, Tecnico Statale amended by Decree EQF Level 5 no. 120 of 20 March Diploma of 2000, in Catalonia Specialisation – Holding the Tourist guide oenogastronomic- following titles: Istituti Professionali -Technician of companies and di Stato per i Servizzi Alberghieri tourist activities, -Technician of and della tourism companies, Ristorazione - Superior Technician of Source: EQFtourism information FRAME, The and marketing, European -Diploma in tourism Qualifications or any other Framework and university diploma.

Tourism studies, LdV project 2008

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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

2.

VALENCIA

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

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).

- 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

3. PRINCIPADO DE ASTURIAS

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4.

NAVARRA

5.

MURCIA

6.

MADRID

7.

LA RIOJA

8.

GALICIA

9. EXTREMADURA

10.

ARAGÓN

11.

CATALUÑA

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

- 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.

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.

- 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).

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

- 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.

- 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.

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

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12.

BALEARES

13.

CANARIAS

14.

CASTILLA Y LEÓN

15.

CASTILLA - LA MANCHA CANTABRIA

16.

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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.

- 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.

- 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.

- 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.

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

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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 MaturitĂ (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 (postsecondary), 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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Reconfirmation/certification procedures profession of tourist guide in Romania

for

the

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].

2.2.

Reconfirmation/certification procedures profession of tourist guide in Austria

for

the

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].

2.3. Reconfirmation/certification procedures for the 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 GuĂ­a 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 Arag贸n, por el que se regula la actividad de Gu铆a de Turismo en la Comunidad Aut贸noma de Arag贸n). 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.

2.4. Reconfirmation/certification procedures for the 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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ďƒ˜ 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 ("Dienstnehmerpr端fung"/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: freizeitbetriebe@wko.at

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)

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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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

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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

Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu/ The

Czech Republic

Department of Internal market and policy

Barbora Hanáková

in the field of services, The Ministry of

Zuzana Bakotová

Industry and Commerce

Tomáš Stehlík

Na Františku 32 CZ - 11015 Praha 1, Phone +420 22 4221701,Fax. +420 22 485 3079, solvit@mpo.cz Danish Business Authority

Denmark

Jens Kasper

(Internal Market Centre),

Rasmussen

Langelinie Allé 17 DK - 2100 Copenhagen,

Sofie Freilev

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

Karin Kragshave

Phone: +45 35 46 66 16

Kristian Yde Agerbo

Phone: +45 35 46 66 73, SOLVIT@erst.dk Bundesministerium für Wirtschaft und Technologie/ Federal Ministry of

Germany

Lisa Teichmann

Economy and Technology , Scharnhorststr.

34-37, DE - 10115 Berlin, Fax. +49 3018 6155379,solvit@bmwi.bund.de SOLVIT - España

Spain

Ministerio de Asuntos Exteriores y de

Ana Iglesias

Cooperación /SOLVIT Spain, The

Ana María Hernández

Ministry of Foreign Affairs and

Javier Pascual

Cooperation, Serrano Galvache 26

Pontones

ES - 28033 Madrid, Phone: +34 91 379 9999 Fax. +34 91 394 8684, solvit@ue.maec.es

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SOLVIT Centre

Contacts

Presidenza Consiglio Ministri Dipartimento Politiche Comunitarie/ The Presidency of the Council of Ministers, The Department of

Italy

European Union Policy, Piazza Nicosia 20 IT - 00186 Roma,

Giuseppina VALENTE Francesco CIPRI Massimo SANTORELLI

Phone: +39 06 677 95 844 Fax. +39 06 677 95 044, solvit@palazzochigi.it SOLVIT Nederland Ministerie van Economische Zaken, Landbouw en Innovatie/ SOLVIT the Netherlands, The Ministry of

Netherlands

Economic Affairs, Agriculture and

Koen van Ginneken

Innovation, Bezuidenhoutseweg 30 Postbus 20101 NL - 2500 EC Den Haag, Phone: +31 70 379 7708 Fax. +31 70 379 7014 solvit@mineleni.nl Bundesministerium f端r Wirtschaft, Familie und Jugend, SOLVIT Centre/ The Federal Ministry of Economy, Family, and Youth

Austria

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 solvit@bmwfj.gv.at

Sylvia Vana Alexandra GaudmannHeber Christian M端ller

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SOLVIT Centre

Contacts

Ministry of European Affairs, Government of Romania Bvd. Aviatorilor no. 50A, Sector 1, Bucharest 011854,

Romania

Phone: +40 21 308 53 40 Phone: +4021 308 53 71

Romulus BENA Karina STAN Ramona-Maria CIUCÄ‚

Phone: +40 37 410 45 23 Fax. +40 21 308 53 96 solvit@dae.gov.ro

Great Britain

Department for Business, Innovation and Skills 1 Victoria Street UK - London SW1H 0ET Phone: +44 20 7215 2833

Chris Korcz

Fax. +44 20 7215 2234 solvit@bis.gsi.gov.uk

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 nonuniversity (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

authorisation/certification/licence/insignia

which

on is

holding attained

an 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.freizeitbetriebewien.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

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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/professionituristiche 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