INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW by Article 9 of Legislative Decree No. 206 of November 9, 200738. The concept, which is quite relative, of temporariness and occasional nature, will be clarified and defined in the implementing decrees of the law, to avoid leaving room for freedom or uncertainties that could lead to evading the regulation. However, the responsibility for determining the temporary and occasional nature of the service remains with the Ministry of Tourism. (art. 6, paragraph 9). The second exemption case concerns those who accompany visitors during extraordinary openings organized by legal entities and third-sector organizations for sites that do not qualify as cultural institutes or places for visits conducted without the assistance of tourist guides. This exemption applies to visits for which any form of payment or registration is excluded. In essence, it refers to all cases where there are extraordinary visits not at cultural institutes or places, organized by associations that are strictly prohibited from receiving any amounts, even just as registration fees. This provision aims to curb a practice that is not uncommon today and is potentially evasive of the principles contained in this law. But the real innovation introduced in this article, which will have significant practical impacts, is established in paragraph 3, It stipulates that in institutes and places of culture defined by Article 101 of the Code of Cultural and Landscape Heritage, Legislative Decree of January 22, 2004, no. 42, even if they belong to private entities and are open to the public, the entry and performance of tourist guide activities cannot be prohibited or hindered. On several occasions, guide associations have requested that the practice of prohibiting entry to qualified guides in favour of in-house guides, often without proper credentials, be stopped 39. The potential closures by 38 Art. 3 second paragraph, l.190/23. For an in-depth exploration of the topic of the recognition of foreign guides, please refer to S. Cavaliere, The uncertain boundaries of the legal regulation of the tourist guide profession between European Union law and national legal systems (Gli incerti confini della disciplina giuridica della professione di guida turistica tra diritto dell’unione europea e ordinamento nazionale), in Dir. pubb. Eu., 1/2017, p. 22 and seq. There is much criticism from trade associations regarding the possibility for European guides to operate occasionally and temporarily. See www.guideroma.ferderagit.com. An assessment of the risks in this regard can only be made in light of the criteria identified in the implementing decrees, which have not yet been issued. 39 “Finally, it is necessary to facilitate the performance of licensed tourist guides within institutes and cultural sites, removing obstacles that too often prevent them from conducting guided tours for their clients due to the 'monopoly' effectively exercised by service providers. Often, tourist guides are not allowed to operate in certain sites due to the presence of in-house guides or exclusive agreements with local guides. This creates a paradoxical situation: clients brought by external guides can enter, while the professional must remain outside”. Federazione nazionale guide turistiche, in www.parlamento.it
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