Services Directive

Bénédicte Fournier

Krakow 26-28 March 2009

OGE’s questionnaire in brief

3 questions :• Application of the Services directive• Professional insurance• Capital shares

2 European associations : CLGE and GE

Answers from 20 different countries• Many answers for a given country (federal)

Final table

Application of the Services directive

6 countries answered « no » :

• Germany

• Luxemburg

• The Netherlands

• Norway

• Poland

• Switzerland

Professional insurance

Art 23 of the Services Directive “ Professional liability insurance and guarantees”

Professional insurance is compulsory in 12 European countries : Austria, Belgium, Bulgaria, Denmark, France, Germany, Italy, Lithuania, Luxemburg, Slovenia, Switzerland, UK

Common feature for GE members

Minimal amount ranks from 25 000 Euros (Bulgaria) to more than 1 million Euros (Switzerland) – exception in Luxemburg : no minimal amount

Capital shares

Article 15-2(c) of the directive : “Member States shall examine whether their legal system makes access to a service activity or the exercise of it subject to compliance with any of the following non-discriminatory requirements: […] requirements which relate to the shareholding of a company; […]”

In surveyors’ offices, the majority of capital shares must be held by surveyors themselves in 4 European countries : Denmark, France, Luxemburg and Switzerland

Belgium may include such a requirement in its legislation

Why was it important?

Common use → useful to defend your position when dealing with your national administration for the transposition of the Services directive

Powerful arguments → Common European arguments mean more power and credibility

European cooperation → True European cooperation between European Surveyors + Make CLGE better known at national and EU levels – framework European Code of conduct

Concrete application

Meeting with the French administration in February – European data were very useful to back our argumentation

Further cooperation

Ready-made comparative study dealing with the training and the practice of the profession in Europe

Little input, great output !

Thank you!