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Hiking Guides

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Federal Department of Economic Affairs, Education and Research

EAER
State Secretariat for Education, Research and Innovation SERI
PET qualifications EU/EFTA

EU/EFTA service providers in Switzerland


Note relating to individuals providing services as

Hiking guides
Date: 20 January 2015

Introduction
In accordance with the Agreement on the Free Movement of Persons (AFMP1), professionals
who are legally established in a country of the EU/EFTA are allowed to provide services in Swit-
zerland for a maximum period of 90 days per calendar year.

They are subject to an accelerated procedure for the verification of professional qualifications,
which is governed by directive 2005/36/EC2 and the DRPA3. The provision of services must be
declared in advance to the SERI.

This document explains the detailed regulations for practicing the profession and primarily aims
to explain for which professional activities the procedure for verifying qualifications is required
and when it is not.

Defining the activity

The profession of hiking guide is regulated in Switzerland, meaning that holders of professional qualifi-
cations obtained abroad must have their qualifications recognised or verified before providing the ser-
vices, provided the services in question fall into the categories set out in the legislation.

At federal level, the Ordinance on High-Risk Activities4 defines the regulated activity of hiking guide as
follows:

 Below a certain level of difficulty, hiking guide is not considered a high-risk activity and can be
practiced freely, without a declaration or licence (unregulated profession).

 Above a certain level of difficulty, the activity can only be practiced by mountain guides and is
therefore prohibited for hiking guides.

1
Agreement of 21 June 1999 between the Swiss Confederation and the European Community and its member states on the
free movement of persons, SR 0.142.112.681.
2
Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional
qualifications, OJ L 255 of 30 September 2005, p. 22, in the version in effect under the Agreement on Free Movement and
the revised EFTA Convention.
3
Federal Act of 14 December 2012 on the Declaration Requirement and the Verification of Service Provider Qualifications in
Regulated Professions, SR 935.01.
4
Ordinance on Mountain Guides and Organisers of other High-Risk Activities (SR 935.911; hereinafter: the Ordinance).

State Secretariat for Education, Research and Innovation SERI


Einsteinstrasse 2, 3003 Berne
declaration@sbfi.admin.ch
www.seri.admin.ch
The Ordinance defines the following criteria:

 Nature of the activity: in order to fall under the field of application of the Ordinance mentioned
above, and therefore to be subject to the declaration requirement, the activity of hiking guide
must:

- be primarily carried out on Swiss soil. Therefore, any temporary passage on Swiss
territory as part of a route that starts and finishes outside of Switzerland, does not
need to be declared in advance;

- be practiced on a professional or commercial basis to generate a primary or second-


ary income of at least CHF 2,300 per year5. This income must come exclusively from
the practice of the professional activity in question on a commercial basis. Income
linked to the practice of activities in clubs or societies or linked to education (e.g.
alpine club, sports club, ramblers’ society, teacher at a school or university) should
not be taken into account.

 Duration of the activity: service providers are allowed to practice the relevant activities profes-
sionally in Switzerland for a period of between one and ten days per calendar year without a
licence (or having to go through the advance declaration procedure with the SERI) provided:

- they do not make use of any business premises in Switzerland,

- they hold a licence to practice the activity concerned professionally in a member


state of the EU or EFTA.

From the 11th day onwards, the individual who practices the activity must follow the declaration
procedure. This can be done online with the SERI.

Beyond 90 days of activity, a procedure for recognising the individual’s qualifications must be
initiated with the responsible department at the SERI, although a licence to practice will be
awarded by the canton concerned once the conditions are met.

 Type of terrain for summer hikes: guides on summer hikes at levels T1 to T3 do not require a
licence. Only mountain guides can supervise hikes at levels T4 or above. Hiking guides cannot
therefore carry out the activity on a commercial basis in these categories.

In other words, the activity of summer hiking guide can always be practiced without a licence; it
is just that hiking guides must not venture on the types of terrain reserved for mountain guides.

5
Art. 2 of the Ordinance on High-Risk Activities.

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The chart below shows the classification scheme6: green: activity that does not require a licence
(non-regulated profession); red: activity reserved for mountain guides:

Level Trail/marking/terrain Requirements


T1 Hike Well traced-out trail or path. The None. Can also be completed
exposed areas are very safe. Any in trainers. Orientation is not a
accident risks can be eliminated problem, even possible with-
with normal behaviour. If marked: out a map.
yellow.
T2 Mountain hike Trail or path with continuous Surefootedness. Hiking boots
marked-out route and regular up- recommended. Basic orienta-
hill sections. Some steep terrain. tion skills.
Risk of falling not excluded. If
marked: white-red-white.
T3 Challenging moun- Paths are not always visible in the Surefootedness. Good hiking
terrain, exposed sections may re- boots required. Intermediate
tain hike
quire ropes or chains; use of orientation skills. Basic moun-
hands may be necessary for bal- tain experience.
ance. Some exposed sections
with risks of falling, screes, path-
less craggy ground. If marked:
white-red-white.
T4 Alpine hike Path traces not always present, Familiarity with exposed ter-
hikers may sometimes need to rain; sturdy hiking boots. Abil-
use their hands to move forward. ity to evaluate the terrain and
Quite exposed terrain, tricky good orientation skills. Alpine
grassy slopes, craggy ground, experience; in bad weather
easy névés and snow-free glacier the retreat may be difficult.
sections.
If marked following FSTP conven-
tion: white-blue-white

T5 Challenging alpine Often without paths, some easy Hiking boots required. Experi-
climbing sections. Difficult ex- ence in judging the ground
hike
posed terrain, steep craggy and very good orientation
ground, glaciers and névés with a skills. Solid alpine experience
risk of slipping. If marked: white- and basic knowledge of using
blue-white ice axes and ropes.

T6 Difficult alpine Mostly without a path, climbing Excellent orientation skills. In-
sections up to II. Often very ex- depth alpine experience and
hike
posed, tricky steep craggy well acquainted with the use
ground, snow-free glaciers with of technical alpine equipment.
high risk of slipping. Paths are not
normally marked.

 Type of terrain for winter hikes using snow shoes below the tree line: the difficulty levels below
the treeline do not require any licence or declaration. They can be practiced freely irrespective
of the difficulty of the terrain.

Guides are, however, subject to a duty of care, whereby they must abandon or adapt their routes
even below the treeline, if they realise they do not have the skills required to guarantee the
safety of their clients or if the terrain is too difficult.

6
Appendix 2, letter 2 of the Ordinance on High-Risk Activities

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 Type of terrain for winter hikes using snow shoes above the tree line: snow shoe tours at diffi-
culty levels WT1 and WT2 are possible without a licence (non-regulated profession).

Snow shoe tours at level WT3 taking place above the tree line are regulated and must be de-
clared to the SERI in accordance with the criteria defined above. The route must not cross any
glaciers, must not require the use of any technical aids, such as crampons, ice axes or ropes
and finally, an appropriate overall assessment must reveal that there is at most a low risk of
avalanche in the region concerned7.

The difficulty levels of WT4 and above are reserved exclusively for mountain guides. Hiking
guides cannot therefore practice these activities on a commercial basis in these categories.

The chart below shows the classification scheme8: green: activity does not require a licence;
red: activity reserved for mountain guides, orange: guide activity possible following declaration
procedure with the SERI:

Level Terrain Dangers Requirements


WT1 Easy snow shoe < 25°. Overall No risk of avalanche. Knowledge of ava-
flat or not very No risk of slipping or lanches not required.
tour
steep. No steep falling.
(also above the tree line) slopes in close
proximity.
WT2 Snow shoe tour < 25°. Overall Risk of avalanche. Ability to judge the
flat or not very No risk of slipping or situation with regard
(also above the tree line)
steep. No steep falling. to avalanches.
slopes nearby.
WT3 Challenging snow < 30°. Not very Risk of avalanche. Ability to judge the
steep to moder- Low risk of slipping, situation with regard
shoe tour (above the tree
ately steep short slippery areas to avalanches.
line), provided the route overall. Short that do not present
does not cross a glacier, steep sections. dangers.
no technical aids are re-
quired, such as crampons,
ice axes or ropes, and an
appropriate overall assess-
ment reveals that there is
at most a low risk of ava-
lanche in the region con-
cerned.

7
Art. 8 of the Ordinance on High-Risk Activities.
8
Annexe 2, no. 2 of the Ordinance on High-Risk Activities.

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WT4 Snow shoe tour < 30°. Moder- Avalanche risk. Good ability to judge
ately steep. Risk of slipping with the situation with re-
(above the tree line)
Short steep risk of injury. gard to avalanches.
sections and/or Low risk of falling. Good walking tech-
crossing of nique. Basic
slopes. Some knowledge of the al-
craggy ground. pine environment.
Glacier without
many cre-
vasses.
WT5 Alpine ski shoe tour < 35°. Steep. Avalanche risk. Sound ability to judge
Short steep Risk of falling. Risk of the situation with re-
(above the tree line)
sections and/or falling in a crevasse. gard to avalanches.
crossing of Alpine hazards. Good knowledge of
slopes and/or the alpine environ-
rocky ledges. ment. Surefooted-
Glacier ness.
WT6 Challenging alpine < 35°. Very Avalanche risk. Sound ability to judge
steep. Chal- Risk of falling. Risk of the situation with re-
snow shoe tour
lenging sec- falling in crevasses. gard to avalanches.
(above the tree line) tions and/or Alpine hazards. Excellent knowledge
crossing of of the alpine environ-
slopes and/or ment. Surefooted-
rocky ledges. ness on rocks, snow
Glacier with and ice.
many cre-
vasses.

Other obligations

The service provider is also required to take out professional indemnity insurance (cover: CHF 5 million)9
or to hold equivalent financial guarantees.10

In all cases, persons planning on providing services must also register with the State Secretariat for
Migration (www.bfm.admin.ch > Registration procedure CH-EU/EFTA) and follow the Registration pro-
cedure for short-term work in Switzerland through this office: https://meweb.admin.ch/meldeverfahren

This obligation also applies to the activities mentioned above that are not subject to declaration.

Who is a service provider?

Service provision is a temporary, remunerated economic activity (limited to 90 working days per calendar
year) that is carried out on a self-employed or non-salaried basis in Switzerland, by persons established
in a country of the European Union or the EFTA. For more information, the SERI provides more details
on the concept of service providers on its website.

Persons who are not service providers under the terms of the FMA do not benefit from the accelerated
procedure for the verification of qualifications. They should get their qualifications recognised in accord-
ance with section III of directive 2005/36/EC by contacting the qualification recognition department at
SERI.

9
Art. 20 of the Ordinance on High-Risk Activities.
10
Art.8 para. 3 of the Ordinance on High-Risk Activities.

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