MOTION VOTEE PAR LA COLLECTIVITE TERRITORIALE DE CORSE
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JORF n°0159 du 11 juillet 2015 page 11907
texte n° 92
Having deliberated:
Article 1
ADOPTS unanimously the motion which reads as follows:
"With more than three million visitors each year, the tourism industry should allow Corsicans to live with dignity from their work on their land.
Unfortunately, the only policy of the French State that has prevailed since the beginning of tourism in Corsica has been the "all tourism" policy, that is to say a haphazard development without a framework, with disordered independent activities without making case of common concern of the Corsican people. If it is too late in many areas, we can still change our approach in some sectors and allow a profitable growth for all Corsicans.
An important part of the tourism industry is related to group tourism. The French laws in this field do not protect Corsican professionals and, moreover, are not even applied. The financial loss resulting from this failure is significant for Corsica.
The guides
About one out of three buses travels with a guide. While some are qualified, most of these "guides" have no professional card and therefore have no right to practice their trade. They are in complete illegality.
French laws are in this area very badly drafted and protect in a trivial way the qualified registered guides who are in good standing and who continue to train throughout their careers to specialize in different fields and are therefore able to enhance our heritage (see Annex I).
Tour leaders or usurper guides, in order not to be outside the law, simply avoid to speak in historical monuments and classified sites: it is a misappropriation of the law, especially since travel agencies and tour operators portrayed these pseudo-guides to their customers as professional guides.
Thus one wonders what kind of comments those tour leaders who have no degree and certainly no knowledge about our history and our culture give. What image do they give of Corsica and the Corsicans? Can we accept that they continue to make comments during days and even sometimes weeks? Knowing that tourists spend between 4 and 6 hours a day on a bus, we should try to provide a high-quality service, that only qualified guides are able to offer.
The abuse of tour leaders sold as guides and the use of bus drivers working as “driver-guides” undoubtedly have the effect of preventing qualified guides working. Failing to fill their seasonal planning, many guides have left the profession and are unemployed today.
The measures we recommend are meant to upgrade our natural and cultural heritage, which is one of the finest and most unique in the world, and to revive our economy. These measures create jobs. The tourism economy must benefit the Corsicans and Corsica and generate jobs!
Under the legislative authority of our Assembly, we propose the establishment of the following:
The Corsican Assembly, DECIDES that from 1 January 2016 only certified guides – guide-lecturers, local guides or other professional guides of the European Union with a national diploma in their country, as well as territorial guides - will speak at the microphone on a motion bus. Only these guides are allowed to do tours throughout the territory of Corsica.
In order not to disadvantage those who already have guided in Corsica for more than 10 years without a professional card, and in order not to make them lose their jobs, the Corsican Assembly DECIDED the implementation of a special professional card of “territorial guide”, a Corsican specificity meant for those who can prove 10 full seasons guiding activities in Corsica.
The professional card of ‘territorial guide’ will be released after an examination organized by the CTC.
This measure will remain valid indefinitely for people who have obtained their territorial certification but will not be renewed in other years. The Corsican Assembly will provide each accredited guide a sign of 20 15 cm to affix to the windshield of buses to enable controls.
To achieve an effective implementation of this policy, the Corsican Assembly REQUESTS the Regional General Directorate for Fair Trading, Consumer Affairs and Fraud Control in Employment (DIRECCTE) to carry out systematic controls on the major Corsican roads, in large cities and in the most visited tourism highlights of the region for all tourism activities organized by bus, minibus, quad vehicle, four-wheel drive vehicle, etc. "
Article 2
This decision will be published in the collection of administrative acts of the Territorial Community of Corsica.
ANNEX I
Current legislation regarding guides
Tourism Code, regulatory section, BOOK II: BUSINESS AND TRADE OF TOURISM, TITLE II: PROVISIONS FOR VISITS TO MUSEUMS AND HISTORICAL MONUMENTS. Single chapter: Qualified personnel. Article R. 221-3: "A penalty of fine for the third class offenses:
a) Exerting remuneration, the activity mentioned in 1 ° of Article R. 221-1 without holding a professional card or using a non-compliant card to the model provided in the last paragraph of Article R. 221-2;
b) The fact that the holder of a license, authorization, approval or permission, to use the services of a person not holding a professional card referred to under 2 ° of Article R. 221-1, in order to ensure the conduct of visits to museums and historical monuments. "
Article 1 R. 221-1: "1. Persons holding of a professional card as mentioned in 2 are recognized as qualified to conduct guided tours in museums belonging to the State, museums mentioned by Ordinance No. 45-1546 of 13 July 1945 as amended relating to the provisional organization of museums of fine arts and historical monuments under book VI of the Heritage Code. "
JORF No 139 of 17 June 1994, page 8746, Decree No. 94-490 of 15 June 1994 adopted under Article 31 of Law No 92-645 of 13 July 1992 on conditions for conducting activities relating to the organization and sale of travel or holiday, TITLE V, QUALIFIED PERSONNEL TO CONDUCT VISITS MUSEUMS AND HISTORIC MONUMENTS, CHAPTER 1, Qualified persons, art. 85 "shall be recognized as qualified to conduct guided tours in museums and historical monuments in the conditions of section 13 of the Act of 13 July 1992 persons holding a business card. The qualification is recognized by the Minister for Tourism:
1. At the national level , people justifying one of the following degrees or diplomas : - national guide-interpreter ; - Auxiliary guide-interpreter definitively; - National lecturer ;
2. At the regional level, people justifying one of the following certificates: - regional guide-interpreter ; - Local tour guide . The qualification is recognized by the Minister for Tourism, after obtaining the opinion of the culture minister:
1. At the national level : Heritage activities co-ordinators approved by the National Office of Historic Monuments and Sites ;
2. At the regional level: the lecturer-guides of town of art and history approved by the National Office of Historic Monuments and Sites . "
Decree No 2011-930 of 1 August 2011 relating to qualified persons to conduct guided tours in museums and historical monuments, Consolidated Version of 31 March 2012, Article 4 The professional card of national guide-interpreter, regional guide-interpreter, national lecturer and guide-lecturer of the towns and countries of Art and History issued prior to the date of entry into force of this order shall cease to have effect no later than March 31, 2013: "People holders of a professional card of national interpreter-guide, regional interpreter-guide, national lecturer or lecturer of town of art and history mentioned in the first paragraph obtain professional card of lecturer-guide request within a period of one year from 31 March 2012 at the administrative authority referred to in Article R. 221-2 of the tourism code by letter accompanied by a copy of their professional card. The lecturer-guide card is awarded to any person registered at the latest on 31 March 2012 in a training for a patent of advanced technician in animation and local tourism management or training at the national diploma of national guide-interpreter and passing it later 31 December 2013 exams for these courses. "
Done in Ajaccio, April 16, 2015 .
The President of the Corsican Assembly,
D. Bucchini