Tourism Law in Europe

20 vocational chamber, or the like) are necessary for a temporary or occasional cross-border provision of tourism services 69 . A tourism service provider, 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 basis 70 . 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. However, in that case, the provisions of the TSA apply to the provision of tourism services in Croatia. For the provision of tourism services in the territory of the Republic of Croatia 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 foreign professional qualifications then applies (artt. 13-21 Act on the Regulated Professions). Within the general system, there is also a possibility to determine the compensatory measures (e.g. an adjustment period or a proficiency check) 71 if there is a difference between the qualifications required according to Croatian law and the law of the MS of the provider. The procedure of the recognition of qualifications is conducted before the competent body (Ministry of Tourism) on the basis of the service provider’s request to obtain a decision on the recognition of foreign qualifications to be able to perform a particular regulated profession in accordance with the TSA. Indeed, the provider must prove that he or she possesses the qualifications specified in the TSA for the provision of tourism services (appropriate education, certification exam, the knowledge of the language to be used in the performance of tourism services, sufficient knowledge of the Croatian language, and the like). Upon the completion of the procedure of recognition of professional qualifications in accordance with the TSA, the 69 Article 6(3), Act on the Regulated Professions. Freedom of the provision of services in the territory of the Republic of Croatia may not be limited by prescribing the obligation of establishment in the territory of the Republic of Croatia [art. 15(2)(a), the Services Act]. 70 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)]. 71 Article 18(2), Act on the Regulated Professions.