Professionele kwalificaties: Frankrijk gedaagd voor EU-Hof vanwege hoge drempels voor buitenlandse gidsen (en)

The European Commission has decided to take action before the Court of Justice in order to put an end to the major administrative difficulties that tourist guides with professional qualifications obtained in another Member State are likely to encounter in France as a result of France's failure to apply correctly two European Directives on the recognition of professional qualifications.

Where the profession of tourist guide is concerned, France has not implemented Directives 89/48/EEC and 92/51/EEC on a general system of recognition of professional qualifications, nor has it replied to the Commission's formal request for it to implement these Directives for tourist guides sent in the form of a reasoned opinion in April 2003 (IP/03/501).

The Directives in question are aimed at promoting freedom of movement in a large number of regulated professions within the European Union. France has opted to implement these two Directives by adopting legislation specific to each profession or group of professions and has therefore notified the Commission of a number of these specific arrangements.

It has not, however, so far notified the Commission of any such rules governing tourist guides. Under French legislation, for visits to certain museums and historical sites, tourist guides must hold a "professional card" [carte professionnelle]. These are issued to holders of a French national interpreter-guide's or lecturer-guide's diploma (corresponding to three years of post-secondary education ["bac + 3"] and covered by Directive 89/48) or a French regional interpreter-guide's diploma (corresponding to two years of post-secondary education ["bac + 2"] and covered by Directive 92/51).

Admittedly, under French legislation, nationals of EU Member States may also be issued with a professional card, but the legislation does not set out the procedures for applying for one, and consequently the procedure for recognition of the professional qualifications of EU nationals who have obtained their diploma in another Member State. They are therefore likely to encounter difficulties when applying for this card, without which they cannot work legally at the sites in question. The Commission takes the view that this legislation does not correctly implement the Directives.

Up-to-date information on all infringement proceedings against Member States can be found at the following address:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm