10 2 TOURISM LAW IN EUROPE Service providers can be organised in different ways, as legal persons or individual service providers – they can be companies established under the company law, individual traders, craftsmen providing services following the Crafts Act, public institutions, health institutions, cultural institutions, unions, associations, schools and other educational institutions, churches or religious communities, farmers, natural persons or citizens41. All tourism services are registered in the Central Registry of the Hospitality and Catering Facilities and Services in Tourism (hereinafter Central Registry), which is public and is maintained in electronic form (art. 11 TSA). Companies, cooperatives, individual traders or craftmen who provide tourism services in Croatia may be established for the provision of such services in Croatia, another EU/EEA country or the Swiss Confederation. The providers of tourism services, registered for the provision of tourist services in another EU/EEA country, may perform these services in Croatia according to the right of establishment and freedom to provide services in the EU internal market42 if they meet the conditions for the provision of specific tourism services prescribed by the Croatian tourism law [art. 5(1)-(3) TSA]. The main principles for the provision of tourism services in Croatia are the principle of freedom, which is balanced with the demands for the service users’ safety and other public interests, and the principle of non-discrimination between domestic providers and the providers from other EU Member States. Individual tourism service providers, either domestic or foreign, may only offer the tourism services listed in the law for particular tourism services providers, whereby the providers must fulfil all the specific conditions for the provision of a tourism service depending on its nature. Sometimes, to establish whether these special conditions have been fulfiled, there is also a requirement that, before the commencement of the provision of tourism services, the competent administrative authority must render a special decision approving the performance of a service (e.g. tourist guides, services in nautical tourism). In addition, there are also special obligations for individual service providers regarding the registration of their operation with the Ministry of Tourism in order to be registered in the Central Registry. Indeed, tourism services are subject to rigorous administrative supervision and inspection43. 41 The list of tourism services providers is also very extensive, see article 5 TSA. 42 The right of establishment and freedom to provide services in accordance with the provisions of the TFEU Directive 2006/123/EC on services in the internal market are generally provided for in the Services Act (2011). For more, see chapter 4 of this article, “Recognition of Foreign Professional Qualifications in the Field of Tourism”. 43 Articles 101-112 TSA.
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