Tourism Law in Europe

10 8 TOURISM LAW IN EUROPE (PSC.HR)58 organised at the Croatian Chamber of Economy. It provides information on starting a business in the Republic of Croatia in a single place. Concerning tourism services, the Point of Single Contact refers to the Ministry of Tourism as the competent authority for the possibility of obtaining more detailed information and instituting an electronic procedure for the provision of e-notification prior to the commencement of the provision of services on a temporary basis, or an e-request for obtaining a decision on meeting the conditions for the provision of tourism services in the case of establishment (eaccess to the service activities). It follows from the Acts providing the requirements for the provision of tourism services by foreign providers differ depending on whether tourism services in Croatia are offered permanently, based on the principle of freedom of establishment, or only temporarily based on the freedom to provide services. TSA’s requirements are different, depending on whether a foreign provider is established in Croatia or provides tourism services in its territory only temporarily (e.g. tourist guide services)59. Namely, the Act on the Regulated Professions, in conformity with Directive 2005/36/EC, provides for the rules on the temporary provision of tourism services based on foreign professional qualifications separately60, and, in particular, the recognition of foreign professional qualifications for the purpose of establishment. Regarding the recognition of foreign professional qualifications within the principle of freedom of establishment, two systems have been developed: a general system61 and the automatic recognition for a limited number of professions (health professions, architects)62. However, in terms of the requirements for the recognition of professional qualifications, there are no differences depending on whether the 58 The Point of Single Contact (www.psc.hr/en/point-of-single-contact) is linked through the EU Internal Market Centre (http://www.cut.hr/) and a part of the EU Single Market Strategy (https://ec.europa.eu/growth/single-market/strategy_en). In the tourism sector, special requirements for the provision of tourism business services and the recognition of foreign professional qualifications are meant for tourist agencies, tourist agency operations managers, tourist guides, tourist escorts, agency representatives, tourist diving services, vessels of nautical tourism, car rental services (rent-a-car), tourism services of active and adventure tourism, services of rental of sports and recreational equipment for tourists, tourism services in nautical tourism, tourism services on agricultural farms, aquatic organisms breeding sites, hunting grounds, privately owned forests and fishing tourism. Information for specific tourism services about the right of establishment and freedom of occasional/temporary provision of services in tourism, catering and accommodation sectors are available at psc.hr/en/sectoral-requirements. 59 Article 69(2) TSA, on the establishment of tourist guides in the territory of Croatia from another EU Member State, and article 69(4) TSA, on temporary provision of services of tourist guides in the territory of Croatia from another EU Member State. 60 Articles 6-12 Act on the Regulated Professions. 61 Articles 13-21 Act on the Regulated Professions. 62 Articles 22-45 Act on the Regulated Professions.

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