CLGEWorking for a Profession

11 December 2017 AREC - Skopje (MK)

Overview

• Introduction• The European Legislation aboutThe European Legislation about

establishment / provision of services• Proportionality check• Proportionality check• The Code of Professional Qualifications

for Property Surveyorsfor Property Surveyors• Ongoing work (DPKB, update of papers)

To keep in mind

• Surveyors and not Lawyers• Strong legal aspect and implicationsStrong legal aspect and implications • Master – Bachelor – Technician

Information Message Request• Information – Message – Request

CLGE Ex-Board 2016 - 2018

Executive BoardExecutive Board

PresidentMaurice Barbieri (CH)

Secretary-GeneralVasile Chiriac (MD) Vi P id t

TreasurerD. Seitz (DE)Vasile Chiriac (MD)

Vice-President

Vice-PresidentV. Tikhonov (RU)

Vice-President Vice-President Vice-PresidentVice PresidentNicolas Smith (FR)

Vice PresidentDuncan Moss (UK) M. De Buitleir (IE) Mairolt Kakko (EE)

Vice-President SAR d lf K lb (AT)

IG - PARLSVladimir Krupa (HR)

FIG Young SurveyorsDiana Becirevic (HR)

Rudolf Kolbe (AT)

Vladimir Krupa (HR) Diana Becirevic (HR)

Leading Surveyors Association• 39 Member countries• + 2 Observing members• 28 EU Members States• >>> 100.000 Surveyors

• Requires close cooperationFIG YSEN– FIG, YSEN, …

– EuroGeographics, PCC– European Bodies– National Associations

Strategic Goals of CLGET k t i th l i l ti i th i f th S i P f i• Take part in the legislative process governing the exercise of the Surveying Profession

at the European and national levels;

• Build a Professional image of the European of Surveyor recognized by the national

• Influence• Build a Professional image of the European of Surveyor, recognized by the national governments as well as the EU;

Motivate young surveyors to become active within their national associations and

• Visibility• Motivate young surveyors to become active within their national associations andhence within CLGE.

• Make sure that the CLGE members are satisfied with the performance of CLGE

• Renewal• Make sure that the CLGE members are satisfied with the performance of CLGE.

• Members Satisfaction

Ways to reach our SG

• Proximity– Executive Board – General Assemblyy– Delegates – National Liaison Groups

• Pro-ActivityPro Activity– Engage with European Bodies– Cooperate with sister Organisations– Cooperate with sister Organisations

• ProfessionalismEffi i t t t t– Efficient way to our targets

One Profession

RegulatedProfession

Free Market

Civil Servants

PubliclyAppointed

CLGE: a definitionCLGE is the leading representational body for theSurveying Profession in Europe.

- Promotes the Profession in the EU- Fosters its development in the Council of Europe

Surveying includes Cadastral Surveying which providesSurveying includes Cadastral Surveying which providessecurity to land and property title and thus underlies theeconomic base of western society.

Geospatial Information is now ubiquitous in our lives andthe Surveyor plays a fundamental role in this field.

CLGE: a definitionCLGE is the leading representational body for theSurveying Profession in Europe.

- Promotes the Profession in the EU- Fosters its development in the Council of Europe

Surveying includes Cadastral Surveying which providesSurveying includes Cadastral Surveying which providessecurity to land and property title and thus underlies theeconomic base of western society.

Geospatial Information is now ubiquitous in our lives andthe Surveyor plays a fundamental role in this field.

CLGE: a definitionThe individual Surveyors spread over now 36 memberstates are the final and most important beneficiaries of ouractivities.

CLGE also pursues more general aims such as:- the sustainable development;p- public and individual interests European Citizens.

• 4 PILLARS

Regulated Free Civil Publicly gProfession MarketServants

yAppointed

• 4 PILLARS

Article 51 Mutual ServicesArticle 45

Prev. 45Recognition

Prev. 39

1. Freedom of movement for workers shall be secured within the Community.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers ….

3 It shall entail the right subject to limitations justified on grounds3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:(a) to accept offers of employment actually made;(b) to move freely within the territory of Member States for this

“39”( ) y ypurpose;(c) to stay in a Member State for the purpose of employment …;(d) to remain in the territory of a Member State after having been employed in that State subject to conditions which shall beemployed in that State, subject to conditions which shall be embodied in implementing regulations to be drawn up by the Commission.

4. The provisions of this article shall not apply to employment in the bli ipublic service.

“39”

The provisions of this chapter (on the right of establishment) shall not apply, so far as any given Member State is concerned, to activities which in that State are connected even occasionallyto activities which in that State are connected, even occasionally, with the exercise of official authority.

The Council may acting by a qualified majority on a proposal“45”

The Council may, acting by a qualified majority on a proposal from the Commission, rule that the provisions of this chapter shall not apply to certain activities.

“45”

Within the frame ork of the pro isions set o t belo restrictionsWithin the framework of the provisions set out below, restrictions on the freedom of establishment of nationals of a Member State in the territory of another Member State shall be prohibited. Such prohibition shall also apply to restrictions on the setting-up of agencies branches or subsidiaries by nationals of any Memberagencies, branches or subsidiaries by nationals of any Member State established in the territory of any Member State.

Freedom of establishment shall include the right to take up and“43”

Freedom of establishment shall include the right to take up and pursue activities as self-employed persons and to set up and manage undertakings, in particular companies or firms within the meaning of the second paragraph of Article 48, under the conditions laid down for its own nationals by the law of the co d t o s a d do o ts o at o a s by t e a o t ecountry where such establishment is effected, subject to the provisions of the chapter relating to capital.

“43”

Within the framework of the provisions set out below, restrictions on freedom to provide services within the Community shall be

hibit d i t f ti l f M b St t hprohibited in respect of nationals of Member States who are established in a State of the Community other than that of the person for whom the services are intended.“49”The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to

ti l f thi d t h id i d hnationals of a third country who provide services and who are established within the Community.

“49”

• 4 PILLARS

Regulated Free Civil Publicly gProfession MarketServants

yAppointed

• 4 PILLARS

Regulated Free Civil Publicly gProfession MarketServants

yAppointed

• 4 PILLARS

Regulated Free MarketCivil Publicly

Profession MarketServants Appointed

The Proportionality Test

• Better application of EU rules• The EU “does not regulate” professionsThe EU does not regulate professions

since it’s MS prerogative (new + reforms)• Streamlining the proportionality test• Streamlining the proportionality test• All this leads to yet another regulation

The Proportionality Test

• New regulation under discussion (EP)– Ex-ante check (quantitative / qualitative)(q q )

Risks, Scope, Qualification, Econ. impact– Information consultation of stakeholders – Exchange of information between MS

Competent Authorities

IMCO’s report, 23 June 17

• Internal Market and Consumer Protection– Excluding healthcare servicesg– Concentrate on other sectors against gold-

plating practices– No mandatory consultation independent

scrutiny body– Clarification of the reasons of public interest– Equal information stakeholders– Possibility for wider consultation

No risks in Surveying?

IMCO’s report, 23 June 17

• Internal Market and Consumer Protection– Excluding healthcare servicesg– Concentrate on other sectors against gold-

plating practices– No mandatory consultation independent

scrutiny body– Clarification of the reasons of public interest– Equal information stakeholders– Possibility for wider consultation

Reasoned opinions

• Reasoned opinions (DE, AT, FR)– …– Term regulated profession to clarify– New or amended provisions well describedp– The exchange of best practices between MS

to be encouragedg– Economic impact on competition and free

movement to be considered

ECOSOC (EESC) opinion

• The package would improve the national proportionality check

• However: it requires the cooperation of Member States Authorities andof Member States Authorities and professional organisations

• The proportionality test should not be• The proportionality test should not be mandatory but offered as a service for national regulatorsnational regulators

Accord MultilateralCode of Professional QualificationsAccord MultilateralCode of Professional Qualifications

Cadastral Surveyors = BAC+5 + 2T + SE

Property Surveyors = BAC 5 2T SEBAC+5 + 2T + SEBAC+5 + 2T + SE

11 December 2017 AREC - Skopje (MK)

Property Surveyors = p y ySecondary School + Bachelor + Master

T i hi E+ Traineeship + Exam

11 December 2017 AREC - Skopje (MK)

CPQPS

• About the code– Dynamic Reporty p– The Code itself– A letter of Intent

• Brief history– Started in 2004 with the “Accord Multilatéral”– Started in 2004 with the Accord Multilatéral– Historic IG-PARLS members and other

CLGE membersCLGE members– Reviewing since 2012, questionnaire

Content of the Code

• Education– 5 years University or Technical High Schooly y g

• Bachelor in Geodetic Surveying• Master in Geodetic Surveying

– Main Courses• Geodesy, Mapping, GIS, Cadastre, Real Estate

R l ti L d U d Pl i O hiRegulations, Land Use and Planning, Ownership and Property Law

Content of the Code

• Professional experience– 2 – 3 years of traineeshipy p

• Mentor• In the Administration

• Verification of knowledge– Harmonization– State examination

Content of the Code

• Public appointment– Generally confirmed by an oathy y

• Code of Conduct– Cfr CLGE national codesCfr. CLGE, national codes

• Disciplinary bodyIndependence– Independence

• Quality control– Idem

Excellent paper byExcellent paper byClemens Kiepke

Common CLGE Database

Reviewing Process

To keep in mind

• Surveyors and not Lawyers• Strong legal aspect and implicationsStrong legal aspect and implications • Master – Bachelor – Technician

Information Message Request• Information – Message – Request

Conclusions

• Proportionality check is an opportunity• Active cooperation of CLGE and PCCActive cooperation of CLGE and PCC

unite: MS Competent Authority, NMCA’s and Professional Associationsand Professional Associations

• Use our Code as a basisUse DPKB as a resource• Use DPKB as a resource

• Join our working group on the European R i f d l SRequirements for cadastral Surveyors