Tourism Law in Europe

13 states who must then have a special permission issued by a competent authority in charge of the provision of services [(art. 18(1)]. To perform the duties of an operations managers, it is necessary for the person to have a registered company or trade for the provision of tourism services in the Republic of Croatia, or a permanent residence in Croatia and to meet the conditions and professional qualifications for operations manager, as well as to have obrained the consent of the Minister competent for tourism [(art. 18(3)]. The profession of an operations manager is a regulated profession 48 . Operations manager must have at least secondary level education and a passed certification exam for the position of an operations manager [(art. 18(2)]. Tourist guide is a person who guides and provides professional verbal information to tourists concerning the natural beauties and values, cultural and historical monuments, works of art, ethonographic and other sights, historical events, famous persons, legends about various events and personages, economic and political events [art. 69(1) TSA]. The TSA expressly provides for the conditions to perform tourism services in the Republic of Croatia as a permament activity (establishment) and the conditions for a temporary or occasional provision of such services. The services of a tourist guide as a person’s permanent activity may be performed by a Croatian citizen or a citizen of another MS of the EEA or the Swiss Confederation if he/she meets all the conditions for the provision of services of a tourist guide. Exceptionally, the services of a tourist guide may be provided on a permanent basis by citizens of third states but only if their place of permanent residence is in Croatia and they meet all the requirements for the provision of services of a tourist guide [art. 69(2)-(3)]. The services of a tourist guide on a temporary or occasional basis (within the principle of freedom of providing services), in the territory of Croatia, may be provided by a citizen of another MS of the EEA or the Swiss Confederation in accordance with a special regulation laying down 48 In EU law, a regulated profession is defined as: “ a professional activity or a group of professional activities, access to which, the pursuit of which, or one of the modes of pursuit of which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications; in particular, the use of a professional title limited by legislative, regulatory or administrative provisions to holders of a given professional qualification shall constitute a mode of pursuit ” [art. 3(1)(a) Directive 2005/36/EC on the recognition of professional qualifications].