The most important Internal Market matters dealt with by ECTAA concern:
Directive 2006/123 of 12 December 2006 on services in the Internal Market
The Directive aims at facilitating the exercise of activities of services in the European Union, whether on a permanent or on a temporary basis.
The Directive first provides that Member States have the obligation to simplify their administrative procedures for having access to services and exercising service activities within their territory and to create points of single contact, which provide information to service providers who wish to establish themselves or provide their services within their territory.
Regarding freedom of establishment, i.e. the permanent and stable provision of services by a national of a Member State in another Member State, the host Member State can only impose an authorization scheme if it is non-discriminatory, justified by an overriding reason relating to the public interest and if its objective cannot be attained by means of a less restrictive measure.
Concerning the free provision of services, i.e. the temporary exercise of a service activity in a Member State, the host Member State must guarantee free access to and free exercise of a service activity within its territory. Member States may only impose restrictions if they are justified for reasons of public policy, public security, public health or the protection of the environment and provided that they are necessary, proportional and non-discriminatory.
Member States must have transposed the Directive by 28 December 2009 at the latest.
[ View press release of ECTAA ]
Directive 2005/36 of 7 September 2005 on the recognition of professional qualifications
The Directive prohibits Member States from restricting the free provision of services within their territory for reasons related to the professional qualifications of the service provider.
Concerning the freedom of establishment, the Directive establishes, depending on the profession concerned:
The Directive applies to a large number of professions, among which the profession of travel agent, organizer, tourist guide and tour manager. It must be transposed by 20 October 2007 at the latest.
The free movement of tourist guides within the European Union, mainly when they provide their services on a temporary basis, has been problematic for organizers for many years.
In this respect, the Court of Justice of the European Communities ruled in several decisions that compliance with Article 49 of the EC Treaty establishing the free provision of services prevents Member States from subjecting the provision of services by tourist guides who accompany a group of tourists from another Member State to the condition of possessing an authorization (license or other), which implies the acquisition of a specific qualification, when the service provided consists in guiding tourists in places other than museums or historical monuments which can only be visited with a specialized guide.
[ View case C-180/89, Italy] [ View case C-154/89, France ] [ View case C-198/89, Greece ] [ View case C-375/92, Spain ]
Despite this case law, some Member States have nonetheless kept restrictions to the free provision of services by tourist guides, for example by adopting extensive lists of sites or historic buildings that may only be visited with a specialized guide, with the consequence that complaints have been submitted to the European Commission.
However, the new Directive 2005/29 on the recognition of professional qualifications should put an end to any form of restrictions imposed by Member States.