Regulatory Decree of Tourist Guides of Andalusia

Law 13/2011, of 23 December, on Tourism in Andalusia, has among its purposes, the arrangement of tourist offer, considering the information services provided by tourist guides as a tourist service. Article 54 defines the activity of tourist guides as the regular and remunerated provision of tourist information services to those who visit the properties included in the General Catalogue of Andalusian Historical Heritage. The legal text specifies that in order to carry out this activity professionally, it is necessary to be in possession of the corresponding authorization. The maintenance of this authorization regime is justified by the fact that there is an overriding reason of general interest relating to the protection of the properties included in the General Catalogue of Andalusian Historical Heritage, since these are the facilities necessary for the exercise of their professional activity, as established in Annex I of Law 3/2014, of 1 October, on regulatory measures to reduce administrative obstacles for companies. It contributes to the maintenance of this system, the defense and protection of people who use tourist services, an objective that cannot be waived and which is expressly provided for in Article 1 of Law 13/2011, of 23 December.

This Decree is issued pursuant to Articles 37 and 54 of Law 13/2011, of 23 December. It is given in the exercise of Andalusian autonomous powers in tourism, derived from Article 71 of the Statute of Autonomy for Andalusia.

Tourism guide activity was regulated prior to Law 13/2011, of 23 December, by Decree 214/2002, of 30 July, regulating Andalusian tourist guides. The purpose of this standard is to adapt the tourist guide regulations, on the one hand, to Law 13/2011, of 23 December, simplifying the procedures and formalities applicable to access to this service activity and its exercise and, on the other hand, to the current regulations in the field of education and training, specifically that which defines the Spanish Qualifications Framework for Higher Education, approved by Royal Decree 1027/2011, of 15 July,.

All this allows the tourist guide qualification to be sustained in this framework of qualifications, homologation credentials and certificates, official and valid throughout the national territory, which facilitates and extends the means of access to the qualification without having to pass exclusively an aptitude test procedure, as was previously the case, ensuring the same validity and reliability of the procedure and allowing greater efficiency in terms of time and time.

Different access routes to the activity are established, the novelty of which has been to focus not on a specific academic degree but on the Professional Qualification of Tourist and Visitors’ Guide, regulated by Royal Decree 1700/2007, of 14 December, which complements the National Catalogue of Professional Qualifications, by establishing thirteen professional qualifications of the professional family Hotel and Tourism, and on the requirement of knowledge of two foreign languages; distinguishing between

It also regulates the freedom to provide service in the event of temporary or occasional exercise, as provided for in Article 13 of Royal Decree 1837/2008, of 8 November, transposing into Spanish law Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 and Council Directive 2006/100/EC of 20 November 2006 on the recognition of professional qualifications and certain aspects of the exercise of the profession

Finally, it establishes the ex officio inscription in the Andalusian Tourism Registry of people who have been qualified to exercise the activity of tour guide, and details the rights and obligations of them.

In accordance with the proposal of the Minister of Tourism and Trade, in accordance with the provisions of Articles 21.3 and 27.9 of Law 6/2006, of 24 October, of the Government of the Autonomous Community of Andalusia, in accordance with e

AVAILABLE

CHAPTER I

General Provisions

Article 1. Purpose and scope of application.

The purpose of this Decree is to regulate the access, exercise and conditions of the activity of tourist guides within the scope of the Autonomous Community of Andalusia.

Article 2. Definition of the activity.

1. In accordance with the provisions of Article 54 of Law 13/2011, of 23 December, on Andalusian Tourism, the provision of tourist information services on a regular and remunerated basis to those who visit the properties included in the General Catalogue of Andalusian Historical Heritage is considered to be an activity of the tourist guides.

Habituality shall be presumed with respect to those who offer the provision of this service through any advertising medium, or when the service is provided on two or more occasions within the same year.

2. Dissemination and dissemination functions carried out by staff in the service of museums and heritage ensembles or institutions, in accordance with the provisions of its implementing regulations, are excluded.

Article 3. Access to and exercise of the activity of tourist guides.

1. In order to carry out the activity defined in Article 2, the tourist administration must hold the corresponding authorization, which will be obtained in accordance with the procedures and conditions regulated by this Decree.

2. People who are qualified as tourist guides by other Autonomous Communities will be able to freely carry out their activity in Andalusia, without the need to present any documentation or communication, nor to submit themselves to the fulfilment of additional requirements.

CHAPTER II

Enabling

Section 1. Habilitation

Article 4. Enabling.

The tourist guide qualification of the Autonomous Community of Andalusia can be obtained through one of the following procedures:

(a) General access after accreditation of the requirements set out in the following section.

(b) by recognising professional qualifications in the terms set out in Section 3.

c) By passing the aptitude tests called for this purpose by the Regional Ministry responsible for tourism in accordance with Section 5.

Section 2. ª General access to the habilitation in Andalusia

Article 5. Requirements.

Natural persons who meet the following requirements may apply for the qualification as a tourist guide:

a) Possess the nationality of any Member State of the European Union, a State associated to the Agreement on the European Economic Area or with an agreement of reciprocity with the Spanish State in this field. It shall also apply to persons covered by the international treaties concluded by the European Union and ratified by Spain, in which the free movement of workers is applicable. Likewise, foreign persons resident in Spain who are recognised as having the right to engage in remunerated activity on their own account or on behalf of others in accordance with the regulations in force may also be entitled to this qualification.

b) To have the professional qualification of Tourist and Visitors’ Guide (HOT335-3), from the National Catalogue of Professional Qualifications, regulated by Royal Decree 1700/2007, of 14 December, which complements the National Catalogue of Professional Qualifications, by establishing thirteen professional qualifications for the professional family of hotel and tourism professionals.

c) Possess the linguistic competences in the Spanish language with B2 or higher level and two foreign languages, one with B2 or higher level and another with B1 or higher level, as described in the Common European Framework of Reference for Languages of the Council of Europe.

Article 6. Accreditation of professional qualification and language skills requirements.

1. The requirements to have the professional qualification of Tourist and Visitors Guide and the linguistic competences in Spanish and in two foreign languages will be considered fulfilled, for the sole purpose of this qualification, when you are in possession of one of the following academic titles or the corresponding homologation credential in the case of foreign degrees and official certificates valid throughout the national territory:

a) Degree of Higher Technician in Guide, Information and Tourist Assistance.

b) Certificate of professionalism that accredits the Professional Qualification of Tourist and Visitors Guide.

c) Degree of Technician in Businesses and Tourist Activities.

d) Diploma in Tourism Companies and Activities.

e) Degree in Tourism.

2. Likewise, the requirement to have the professional qualification of Tourist and Visitors Guide will be considered accredited when, being in possession of an official Higher Education degree, a Bachelor’s degree or Diploma not included in the previous section or the corresponding homologation credential in the case of foreign degrees, the following units of competence of the professional qualification of Tourist and Visitors Guide (HOT335-3) have also been obtained: (HOT335-3)

(a) UC1069_3. Interpreting the heritage and cultural assets of interest in the specific field of action for tourists and visitors.

(b) UC1071_3. To provide support and assistance services for tourists and visitors and to design tourist itineraries.

3. The requirement to possess language skills in foreign languages shall be understood as evidenced by one of the following options:

a) Certificate in language teaching, corresponding to the intermediate and advanced levels taught in the official language schools or, where appropriate, official diplomas or certificates attesting language proficiency in the languages listed in Annex I. Certifications of proficiency in languages issued by other bodies or institutions will also be accepted, provided they are recognised by any Official Language School or Spanish Public University.

b) Official secondary or post-secondary school diplomas obtained under an educational system of another State shall accredit B2 level linguistic competence, provided that the teaching has been given in the language of the country of issue and is different from the official languages in Spain.

c) Degree of Higher Technician in Sign Language Interpretation or Advanced Communication Mediation Technician, an option that will accredit linguistic competences in one of the foreign languages of level B2. The possession of any of these qualifications will also imply the accreditation of language skills in Spanish.

(d) Level B1 may be accredited by an official diploma or certificate attesting to the possession of one of the following units of competence with the professional qualification of Tourist and Visitors’ Guide (HOT335-3):

UC 1072_3 Communicate in English, with a competent user level, in the tourist services of guide and animation.

UC 1073_3 Communicate in a foreign language other than English, with a proficient level of user competence, in tour guide and entertainment services.

4. Language proficiency in the Spanish language shall be deemed to be accredited when the titles, credentials of approval or certificates referred to in paragraphs 1 and 2 have been issued by a competent authority of the Spanish State.

5. Annex II is established for partial validations referring to the units of competencies described in section 2 and to the linguistic competencies of section 3, depending on the degree of Higher Education, Bachelor’s degree or Diploma that is provided and for the sole purposes of this qualification.

6. For the partial recognition of language skills, the official qualification awarded must expressly indicate the language and level of proficiency attained.

7. The languages indicated in the evidence of formal qualifications provided shall be included in the qualification.

8. At any time, new foreign languages may be incorporated into the qualification obtained in Andalusia by means of an official certificate or certificate certifying linguistic competence in another language in at least level B2.

Section 3. Habilitation through recognition of professional qualifications obtained in other Member States of the European Union

Article 7. Requirements.

1. Nationals of Member States of the European Union who intend to exercise the regulated activity of tourist guide of Andalusia by recognizing their qualifications as a tourist guide obtained in another Member State must comply with the provisions of this Section, in accordance with the provisions of Royal Decree 1837/2008, of 8 November, which transposes into Spanish law Directive 2005/36/EC of the European Parliament and of the Council, of 7 September 2005, and Directive

2. The recognition of professional qualifications shall be granted in the following cases:

a) Persons who are nationals of Member States of the European Union, in whose territory the tourist guide profession is regulated, who intend to establish themselves in Andalusia for the exercise of this activity.

b) Persons who are nationals of Member States of the European Union who have been full-time tour guide professionals in another Member State where the profession is not regulated and who intend to establish themselves in Andalusia for the exercise of this activity.

Article 8. Recognition of professional qualifications of tourist guide obtained in another Member State where it is regulated.

For the recognition of professional qualifications for tourist guide, persons who are nationals of Member States of the European Union in whose territory the tourist guide profession is regulated must prove that they meet the following requirements:

(a) hold evidence of formal qualifications or a certificate of competence required by another Member State for the purpose of taking up tourist guide activity on its territory. These must meet the following conditions:

1. ° They must have been issued by a competent authority of a Member State designated in accordance with its laws and regulations.

2º To accredit a level of professional qualification at least equivalent to the level immediately preceding that established in article 19.3 of Royal Decree 1837/2008, of 8 November.

3º To accredit that the professional activity or activities whose exercise is regulated in the country of origin, are expressly referred to the provision of tourist information on historical heritage in museums or historic monuments.

(b) Proof of having linguistic knowledge of two foreign languages and of the Spanish language, as provided for in Article 10.

Article 9. Recognition of professional qualifications in States where the activity of tour guide is not regulated.

1. Persons who are nationals of Member States of the European Union and who have been full-time tour guides in another Member State where the profession is not regulated for two years during the previous ten years, in accordance with the terms established by Royal Decree 1837/2008, of 8 November, may access and exercise the activity of tour guide in Andalusia provided that they hold one or more certificates of competence or evidence of formal qualifications attesting that exercise

2. In any case, the requirement to exercise the profession, referred to in the previous section, will not be required when the applicant accredits a professional qualification acquired through regulated training that corresponds to a level of qualification of those provided for in article 19.3 of Royal Decree 1837/2008, of 8 November.

3. They must also demonstrate proof of linguistic knowledge of two foreign languages and of the Spanish language, as provided for in Article 10.

Article 10. Knowledge of languages.

1. In the procedure for the recognition of professional qualifications, foreign languages expressly included in the evidence of formal qualifications or certificate of competence issued by another Member State in whose territory the tourist guide profession is regulated shall be included in the qualification, as well as the official language of the Member State issuing the certificate.

2. When the linguistic knowledge of two foreign languages is not accredited in accordance with the provisions of the previous paragraph, these must be accredited by means of official titles or certificates of B2 or B1 level, as appropriate, of those listed in Annex I.

3. When the linguistic knowledge of Spanish is not accredited in accordance with the provisions of the first paragraph, it must be accredited by means of Qualifications or Official Level B2 Certifications.

4. Official secondary or post-secondary school diplomas obtained under an educational system of another State shall accredit B2 level language competence, provided that the teaching has been given in the language of the country of issue.

Section 4. ª From the common procedure to Sections 2 and 3.

Article 11. Application.

1. This procedure shall apply to the general access to the qualification in Andalusia of Section 2. ª and to the recognition of professional qualifications obtained in other Member States of the European Union in Section 3.

2. The Department responsible for tourism shall establish the possibility of processing and consulting the procedures by electronic means, in accordance with the applicable regulations.

Article 12. Request.

1. Applications must be made in the standard model form set out in Annex III, which will be available on the website of the Department of Tourism, and preferably submitted to the General Registry of said Department or in the registers of their Provincial Delegations or corresponding Territorial Delegations of the Junta de Andalucía, without prejudice to Article 38.4 of Law 30/1992, of 26 November, on the Legal System

2. The application, duly completed, shall be accompanied by the following documentation and information accrediting compliance with the conditions laid down:

a) Official documentation accrediting the requirement of nationality established in Article 5. a), except in the case of Spanish nationals who expressly authorise the consultation of their identity data.

(b) Two passport-sized photographs.

c) In the case of general access to the qualification, the accreditation of compliance with the requirements of Article 6 shall be carried out by means of a copy of official degrees or certificates and academic titles or their corresponding accreditation credential, in the case of foreign degrees.

(d) in cases of recognition of professional qualifications, a copy of the evidence of formal qualifications or certificates of competence with the requirements laid down in Articles 8,9 and 10.

e) Form 046 of self-assessment corresponding to the payment of fees, as established in Law 8/1997, of 23 December, which approves tax and budgetary measures for companies of the Junta de Andalucía and other entities, collection, contracting, civil service and rental and supply bonds.

Article 13. Remediation of the application.

1. If the application does not meet the requirements set out in the foregoing article, the interested person will be required to correct the fault or to accompany the required documents, granting him/her a period of ten days for this purpose, in accordance with the provisions of article 71.1 of Law 30/1992, of 26 November, with indication that, if he/she does not do so, he/she will be considered to have withdrawn his/her request, following a decision that will put an end to the procedure. That period shall suspend the time-limits for termination.

2. In accordance with the provisions of Article 71.2 of Law 30/1992, of 26 November, the previous period may be prudentially extended up to five days, at the request of the interested person or at the initiative of the body, when the provision of the required documents presents special difficulties.

Article 14. Instruction

The instruction of the procedure corresponds to the governing body with competence in the coordination of the Andalusian Tourism Registry, which will proceed to verify compliance with the requirements for qualification.

Article 15. Resolution.

1. The decision terminating the proceedings shall contain one of the following pronouncements:

a) To grant the qualification as tourist guide of Andalusia and proceed to its inscription in the Register of Tourism of Andalusia.

(b) Dismisses the application on the ground that it does not satisfy the conditions laid down.

(c) Filing the application for failure to remedy the situation.

2. After the maximum period of four months, calculated from the date on which the application was filed with the competent body for processing, without notification of the above-mentioned resolution, it will be understood that said application for authorization to exercise the activity of tourist guide in Andalusia.

For the purpose of calculating this time limit, pursuant to Article 42.4 of Law 30/1992, of 26 November, the applicant shall be informed of the date of entry of the application.

3. The resolution of the procedure corresponds to the holder of the governing body with competence in the coordination of the Andalusian Tourism Registry.

Section 5. ª Procedure for qualification of tourist guide of Andalusia through tests

Article 16. Tests to obtain the qualification.

1. Notwithstanding the provisions of the previous section, the Regional Ministry responsible for tourism may convene proficiency tests to obtain the qualification of tourist guide of Andalusia.

2. In any case, participants in this procedure will have to prove both the nationality requirement of article 5. a) and the requirement to hold an official degree in Higher Education, Bachelor’s or Diploma or the corresponding homologation credential in the case of foreign degrees.

3. The subjects covered by the qualification tests will refer to the contents of the training modules associated with the following units of competence of the Tourist and Visitors’ Guide (HOT335-3):

(a) UC1069_3. Interpreting the heritage and cultural assets of interest in the specific field of action for tourists and visitors.

(b) UC1071_3. To provide support and assistance services for tourists and visitors and to design tourist itineraries.

(c) Knowledge of two foreign languages:

UC 1072_3 Communicate in English, with a competent user level, in the tourist services of guide and animation.

UC 1073_3 Communicate in a foreign language other than English, with a proficient level of user competence, in tour guide and entertainment services.

4. Without prejudice to the provisions of the previous section, new agenda may be approved by order of the Regional Ministry responsible for tourism.

5. The bases of each call, which shall be established by Order of the person holding the Ministry responsible for tourism, shall determine at least the type or types of tests to be carried out, procedure, deadlines and dates of completion, validations, as well as the composition of the Evaluation Committee.

6. The Evaluation Commission, attached to the Ministry of Tourism, will be responsible for organising, carrying out and evaluating the tests. Its composition may range from five to seven members with competence to judge the required knowledge and skills, respecting a balanced representation of women and men, appointed by the head of the Ministry responsible for tourism. Its organization and operation shall be governed by the provisions of Law 30/1992, of 26 November, and Law 9/2007, of 22 October. Its members shall be entitled to receive the compensation for assistance provided for in the regulations governing compensation for service of the Junta de Andalucía, as well as the remuneration provided for in the scale established by the competent Ministry of Tourism.

7. The holder of the management body with competence in the coordination of the Andalusian Tourism Registry, may designate the professional collaborators specialized in the different units of competence, which it deems necessary for the preparation and evaluation of the tests, which may receive the compensation and remuneration established in the previous section.

8. The holder of the governing body with competence in the coordination of the Andalusian Tourism Registry will be the competent person to issue a decision on the evidence.

CHAPTER III

Freedom to provide the service in the event of temporary or occasional exercise

Article 17. Principle of freedom to provide services.

1. Tourist guides, already established in a Member State of the European Union, for the professional exercise of the activity of providing tourist information on historical heritage in museums or historic monuments, who wish to exercise the activity temporarily or occasionally in Andalusia under a system of free provision, must communicate it to the competent body responsible for coordinating the Register of Tourism of Andalusia, prior to the first cross-border activity, under the terms and conditions regulated in Article 13 of Royal Decree 1837/2008.

2. For the purposes of this article, the temporary and occasional nature of the provision of tourist guide services shall be assessed on a case-by-case basis, with particular reference to the duration of the service itself, its frequency, periodicity and continuity.

CHAPTER IV

Registered registration and tourist guides’ cards

Article 18. Inscription in the Tourist Register of Andalusia.

1. In accordance with the provisions of Article 37.1. c) of Law 13/2011, of 23 December, those who have been authorized to exercise the activity of tourist guide in Andalusia will be automatically registered in the Register of Tourism of Andalusia.

2. The authorization shall be valid indefinitely, except for resignation as well as in the cases in which it is determined, as a consequence of the sanctioning procedure.

3. Changes in the registration data, the waiver of the provision of the service or extension to any other foreign language, must be communicated to the governing body with competence in the coordination of the Andalusian Tourism Registry, in accordance with the provisions of the regulations governing said Registry.

4. Those who have notified the temporary or occasional provision of the tourist guide service in accordance with Article 17 shall be automatically registered.

Article 19. Identification card or badge of tour guides.

1. Tourist guides qualified as established in Chapter II will have the card or credential, with the corporate image of the Junta de Andalucía, which must include at least their order number, personal data and the languages whose knowledge has been accredited; it will be issued ex officio with the signature of the head of the corresponding section of the relevant management body responsible for tourism management and inspection, with the approval of its holder.

2. The delivery of the card will be made in the Provincial Delegations of the Regional Ministry responsible for tourism or Territorial Delegations of the Regional Government of Andalusia concerned.

CHAPTER V

Rights and obligations

Article 20. Rights of tour guides.

These are the rights of people who are qualified as tour guides in Andalusia:

a) To access the properties included in the General Catalogue of Andalusian Historical Heritage, in order to carry out the activity in the cases and conditions established in the current regulations and subject to proof of their status.

b) Its inclusion, with prior authorization as an offer of information services, in catalogues, directories, guides and any other means of dissemination and promotion of the Tourism Administration.

(c) the issue of the relevant certificate for the purpose of recognising their professional qualifications or freedom to provide services in any Member State of the European Union pursuant to Title II and Chapter I of Title III of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications.

d) Access to the qualification actions developed by the competent Administration to improve the quality of the tourist guide service.

e) To obtain quality and recognition of specialities that may be established by order of the person holding the relevant Ministry of Tourism.

Article 21. Obligations of tour guides.

It is the duty of the persons qualified as a tour guide to provide the information service:

a) Fully comply with the scheduled programme of visits and for the duration of the visit.

b) To report objectively and comprehensively on all those aspects that constitute the scope of its activity.

c) Act with due diligence to ensure at all times the optimum attention to the direct beneficiaries of their services.

(d) Refrain from serving groups of more than 30 persons, and may not use more than two languages for each group.

e) To comply with and ensure compliance with the rules and instructions governing the use of the properties included in the General Catalogue of Andalusian Historical Heritage.

f) Inform users of their professional qualifications, licence number and the details of the authority and, where appropriate, the Member State in which they were granted the corresponding qualification.

(g) In the event of deterioration, loss or theft of accreditation, renewal shall be requested using the standard form in Annex IV.

h) During the performance of the service, you must keep your credential visible and in good condition. The owners of the property registered in the General Catalogue of Andalusian Historical Heritage may check, in their regime of visits to the property, that it is credited with being in possession of the Andalusian tourist guide qualification under the conditions set out in this Decree.

(i) To make available to users the information referred to in the preceding paragraphs in a clear and unambiguous manner prior to the conclusion of the contract or, where there is no written contract, prior to the provision of the service, in any of the following ways: (i) To make available to users the information referred to in the preceding paragraphs clearly and unequivocally, prior to the conclusion of the contract or, where there is no written contract, prior to the provision of the service

1. At the place of conclusion of the contract or service.

2º By electronic means, through an address provided by the company.

3º Include it in any informative documentation that the company provides to users in which they present their services in detail.

j) To have available and provide users of tourist services with official consumer complaints and claims forms.

k) Not to intervene or mediate in the transactions that are carried out, when for programming reasons or at the request of the users, visits are made to commercial establishments, limited to the exercise of the activity for which they have been authorized.

l) To issue a duly itemised invoice showing the amount of services rendered, including taxes, unless they are employed by others.

m) To inform about the price of the service.

Article 22. Development of the activity in the General Catalogue of the Andalusian Historical Heritage.

By means of a joint order issued by the Regional Government Departments responsible for tourism and historical heritage, it will be possible to regulate the conditions for access and development of the tourist guide activity in the assets of the General Catalogue of Andalusian Historical Heritage in order to make their dissemination compatible with their conservation and protection, guaranteeing proper control and monitoring of the flows of entry, exit and capacity in them.

CHAPTER VI

From the disciplinary regime

Article 23. Infringements and sanctions.

Failure to comply with the provisions of this Decree shall give rise to administrative liability, and the persons responsible for the infringements may be punished, in accordance with the provisions of Law 13/2011, of 23 December, and other applicable regulations in force, without prejudice to any criminal or other liability that may have been incurred.

Single transitional provision. Inscription in the Tourist Register of Andalusia.

This Decree shall be fully applicable to the persons authorised in Andalusia under the regulations previously in force and shall remain registered, without any additional formality, in the corresponding section of the Register of Tourism of Andalusia.

Sole derogation provision. Regulatory repeal.

Decree 214/2002, of 30 July 2002, regulating the activity of Andalusian tourist guides, as well as any other provision of equal or lower rank insofar as it contradicts the provisions of this Decree, is hereby repealed.

First final provision. Policy development.

The holder of the Ministry responsible for Tourism is authorized to issue as many provisions as are necessary for the development and implementation of the provisions of this Decree, as well as to amend Annexes I and II, and the application forms for Annex III and Renewal/duplication of credentials of Annex IV.

Second final provision. Entry into force.

This Decree shall enter into force on the day following that of its publication in the “Boletín Oficial de la Junta de Andalucía”, except for Chapter II which shall enter into force three months after its publication in the Boletín Oficial de la Junta de Andalucía.

Seville, 20 January 2015

Fuente: juntadeandalucia.es