Journal of Tourism and Services - Vysoká škola obchodní v Praze

4. The analysis of impacts of the current legislation on tourist
guide activities related to the application of European
legislation on the territory of the Czech Republic
The above mentioned changes in the Trade Licensing Act in 2008 have
also negative consequences in terms of the position of Czech tourist
guides in the European market. In particular this means the systems for
the recognition of professional qualifications according to the European
Parliament and Council Directive No. 2005/36/EC on recognition of
professional qualifications [38] . The Czech Republic implemented this
directive by the Act No. 18/2004 Coll., on recognition of the professional
qualifications. This Act was amended by the Act No. 189/2008 Coll. in
2008 [32] . The basic rule concerning the issues of qualifications states
that an EU citizen, which acquired the qualification in one EU country
can perform this activity in other EU countries. In the case of
establishment of an enterprise or trade in another Member State (freedom
of establishment), the entrepreneur must submit his qualification for the
activity which will be performed in the other member state to recognition
to the appropriate certification authority if this activity is in that member
state regulated. The competent authorities in the other member state will
assess their skill and recognize or not recognize it. They may also impose
other conditions (so-called compensatory measures). In the European
Union there are many approaches concerning regulated professions. From
a liberal approach, such as in Nordic countries, where they have only
a few tens of regulated professions to the countries such as Austria,
France, Greece, Spain, which regulate hundreds of professions, including
tourist guides. Everything is further complicated by the fact that their
own definitions of the regulated professions are different in each country,
both in terms of designation and extent. Completely identically, as an
entrepreneur who wants to establish an enterprise in the regulated
activity progresses the employee who wants to get employed in another EU
country in a regulated profession. If an entrepreneur ask for recognition
of qualification in another Member State, then shall contact the
Department of Trade of the Ministry of Industry and Trade and submit an
application for the issue of a qualification certificate.
During the temporary, cross-border services provision by the selfemployed
in regulated activities the following two procedural steps shall
apply:
● notification form
● verifying form, that the tourist guides does not apply
During the notification an entrepreneur fills in the notification form. In
some countries such as Germany, the standardized form for the
notification of trades does not exist, in this case the notification is made
by e-mail, a fax or letter. The notification must include similar information
about the service provider, which is given in the notification form for other
country. The form shall be completed by other documents, especially by
69