CROATIA | TATJANA JOSIPOVIĆ 10 9 freedom of the provision of services or the freedom of establishment are exercised by employed or self-employed persons. The Services Act also distinguishes the position of tourism services providers from another EU Member States depending on whether they exercise the freedom of providing services63 or the freedom of establishment64. The requirements for a temporary or occasional provision of tourism services by foreign providers from another EU Member State are significantly easier to accomplish than when offered permanently. For the former, it is only necessary to prove that the tourism service provider is established in another Member State under that State’s regulations for performing the same regulated profession and by providing evidence of his or her formal qualifications, which the Member State involved must have recognised65. If professional education and training are not required for the provision of services of a tourist guide in the Member State of establishment – i.e. the services of tourist guides are not pursued as a regulated profession in that country –, the provider must show evidence of at least one year of services as a tourist guide during the previous ten years66. No registration, approval or membership of a competent Croatian authority (e.g. a chamber of economy, a vocational chamber or the like) are necessary for a temporary or occasional cross-border provision of tourism services67. Moreover, someone who wants to offer tourism services for the first time must only submit a notification to the Ministry of Tourism on the commencement of the provision of tourist guide services on a temporary or occasional basis68. By the very submission of such a notification, a tourism service provider from another EU Member State is entitled to the right of temporarily providing services in the territory of the Republic of Croatia, but, in that case, the provisions of the TSA apply to the provision of tourism services in Croatia. For the provision of tourism services in Croatia’s territory on a permanent basis by providers from other Member States (establishment to provide tourism services), it is necessary to carry out the proceedings for the recognition of foreign professional qualifications. The general system for the recognition of 63 Articles 14-17 Services Act. 64 Articles 7-13 Services Act. 65 Article 6(1) Act on the Regulated Professions. A service provider must prove that, at the moment of applying, he is not prohibited from practising, even temporarily, the profession for which he has applied [art. 7(3)]. 66 Article 6(2) Act on the Regulated Professions. 67 Article 6(3) Act on the Regulated Professions. Freedom to provide services in the territory of the Republic of Croatia may not be limited by prescribing the obligation of establishment in Croatia [art. 15(2)(a) Services Act]. 68 Article 7(1) Act on the Regulated Professions. The notification is submitted every year during which a person intends to provide services in the Republic of Croatia, temporarily or occasionally [article 7(2)].
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