10 4 TOURISM LAW IN EUROPE the conditions to perform tourism services in the Republic of Croatia as a permanent activity (establishment) and the conditions for a temporary or occasional provision of such services. Accordingly, the services of a tourist guide as a person’s permanent activity may be performed by a Croatian citizen or an EU, EEA or Swiss citizen who meets all the conditions; exceptionally, these services may be provided on a permanent basis by citizens of third states if their place of permanent residence is in Croatia and they meet all the requirements [art. 69(2)-(3)]. The temporary or occasional tourist guide services (within the principle of freedom of providing services), in Croatia, may be provided by EU, EEA or Swiss citizens in accordance with a special regulation laying down the conditions for the recognition of foreign professional qualifications, except in protected sites where a special certification exam is required [art. 69(4)]48. This considered a regulated profession in Croatian tourism law as well, and, as such, the guide must have the corresponding professional qualifications; accordingly, foreign tourist guides’ professional qualifications must be recognised following a special law on the recognition of professional qualifications49. Furthermore, tourist guides must have completed at least the secondary school education, have passed the certification exam for tourist guides (the general part and the special part for protected sites), have the necessary knowledge of the language (Croatian and other) to be used in the performance of tour guide services (B2 level) and must be authorised based on an administrative approval decision approving the performance of the services as an authorised guide50. Finally, a tourist guide provides services as a self-employed person and in the form of conducting business based on special regulations, as an employed person based on a labour contract, a work contract, a student service contract or similar. 48 The Minister competent for tourism prescribes the lists of protected sites by counties in the form of an ordinance. In order to provide the services of tourist guides at or in protected sites, a special part of the certification exam for protected sites must be passed [art. 70(2)-(4) TSA]. 49 For more, see chapter 4 of this article, “Recognition of Foreign Professional Qualifications in the Field of Tourism”. 50 Articles 71 and 73 TSA.
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