Directive of Services and Tourism: the new regulation of access and provision of the tourism

Abstract

This article analyzes the regulations enacted by the State and the Autonomous Communities in order to implement the Services Directive in the tourism sector. Authorisations have been replaced by declaratory undertakings or prior notifications, which ensure the appropriate ex post control with the purpose of verifying that the tourism service activities carried out by the provider satisfy the necessary legal requirements. In some cases authorisations have been kept by reasons of environmental protection; for instance, the opening-up of camping sites in certain types of floor or singular locations or with active tourism. However, these autonomic regulations are not totally coherent among them, and some of their provisions do not comply with the Services Directive in the field of freedom to provide services (tour guides).