Tourism Law in Europe

570 TOURISM LAW IN EUROPE as the participation of stakeholders in the definition of tourism public policies (art. 6 LBT), conclude the list of general principles set out in the preamble. The preamble lists the priority public policy areas for tourism in the following order: transport and accessibility, particularly air transport, supply qualification, promotion, education and vocational training and fiscal policy. A final reference is made in the preamble regarding the competitiveness of the economic agents, which is pointed out as a determining factor in the development of tourism. However, not all the general principles above mentioned are developed at the articulated level of the LBT. Besides the general principles – being sustainable, transversal and competitive –, Chapter I contains four definitions (art. 2 LBT):  Tourism: “the temporary movement of people to destinations other than their habitual residence, for leisure, business or other reasons, as well as the economic activities generated and the facilities created to satisfy their needs”;  Touristic resources: “assets that, due to their natural, cultural or recreational characteristics, are capable of encouraging tourism visits and enjoyment”;  Tourist: “someone who spends at least one night in a place other than his/her usual place of residence and does not travel in order to pursue gainful employment in the place visited”; and  User of tourism products and services, particularly due to the absence of overnight stay: “the person who, although not a tourist, uses tourism services and facilities”. Chapter II (artt. 7-16 LBT) focuses on public policies. It generally frames the National Tourism Policy (Política Nacional de Turismo – PNT), listing its objectives and means, with a clause devoted to aspects that are in the origin of the National Strategic Tourism Plan (Plano Estratégico Nacional do Turismo – PENT) (art. 8 LBT). Seven areas of action of the PNT are defined, namely:  qualification of the supply of national tourism products and destinations;  professional training and qualification of human resources;  tourism promotion;  accessibility;  investment support, especially for SMEs;  tourism information; and  knowledge and research.

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