The Council of European Geodetic Surveyors Comité de Liaison des Géomètres Européens CLGE –...

The Council of European Geodetic SurveyorsThe Council of European Geodetic Surveyors

Comité de Liaison des Géomètres EuropéensComité de Liaison des Géomètres Européens

CLGE – General AssemblyCzech Republic, Prague 29 Feb – 1 March 2008

CLGEGeneral Assembly

Prague

CODE OF CONDUCTS IN EUROPE

A Summary

• 1. Introduction

• 2. Some Sources

• 3. A Comparison

• 4. The Evolution and Challenges– EC Questionnaire– EC Report– Future Actions

• 4 PILLARS

Regulated

Profession

Free MarketCivil Servants

PubliclyAppointed

• 4 PILLARS

Article 45 Mutual

Recognition

Services

Article 39

CONSOLIDATED VERSIONOF THE TREATY

ESTABLISHING THE EUROPEAN COMMUNITY

Article 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 of the Member States as regards employment, remuneration and other conditions of work and employment.

3. 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 purpose;(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;(d) to remain in the territory of a Member State after having been employed 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 public service.

“39”

Article 45

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 occasionally, with the exercise of official authority.

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”

Article 43, 49

Within 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 Member State established in the territory of any Member State.

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 country 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 prohibited 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.

The Council may, acting by a qualified majority on a proposal from the Commission, extend the provisions of the Chapter to nationals of a third country who provide services and who are established within the Community.

“49”

• 2. Some Sources

– FIG (1998 UK, 2001 FR)

– RICS (2000)

– [CEPLIS common values of liberal professionals, 2007]

– National codes of conducts for Surveyors

• 3. A Comparison – Ethical Principles of

Integrity.

Surveyors maintain the highest standards of honesty and integrity towards those with whom they come into contact, either directly or indirectly; and accurately and conscientiously measure, record and interpret all data and offer impartial advice based thereon.

Independence.

Surveyors diligently and faithfully execute their role according to the law; and maintain their objectivity and give their clients and employers unbiased advice, without prejudice or favour either towards or against other organisations or persons.

• 3. A Comparison – Ethical Principles of

Care and competence.Surveyors maintain their knowledge and skills, keep abreast of developments in their fields of practice and apply their expertise for the benefit of society; only take on work that they reasonably believe they will be able to carry out in a professional manner; and exercise care in the performance of their duties.

Duty.Surveyors maintain confidentiality about the affairs of their current and former clients and employers unless required by law to make disclosures; avoid conflicts of interest; take environmental concerns into account in their operations and activities; recognise the interests of the public when providing services to their clients or employers; and conduct their work to the best of their ability, giving due consideration to the rights of all parties.

• 2. Some Sources

– FIG (1998 UK, 2001 FR)

– RICS (2000)

• 3. A Comparison – Core values ofAct with integrity.

Never put your own gain above the welfare of your clients or others to whom you have a professional responsibility. Respect their confidentiality at all times and always consider the wider interests of society in your judgements.

Always be honest.Be trustworthy in all that you do never deliberately mislead, whether by withholding or distorting information.

Be open and transparent. Share the full facts with your clients, making things as plain and intelligible as possible.

• 3. A Comparison – Core values of Be accountable.

Take full responsibility for your actions, and don’t blame others if things go wrong.

Act within your limitations.

Be aware of the limits of your competence and don’t be tempted to work beyond these. Never commit to more than you can deliver.

Be objective at all times.

Give clear and appropriate advice. Never let sentiment or your own interests cloud your judgement.

• 3. A Comparison – Core values of Always treat others with respect.

Never discriminate against others.

Set a good example. Remember both your public and private behaviour could affect your own, RICS’ and

other members’ reputations.

Have the courage to make a stand.

Be prepared to act if you suspect a risk to safety or malpractice of any sort.

• 2. Some Sources

– FIG (1998 UK, 2001 FR)

– RICS (2000)

• 3. A Comparison – Common values of Confidentiality

is the cornerstone for the building of trust between professionals and their clients.

Codes of conduct should make it clear that professionals must respect and safeguard the confidentiality of information acquired in the course of providing professional services and ensure that information about an individual is not disclosed to others except in specified circumstances and, where possible, with the informed consent of the individual.

• 3. A Comparison – Common values of Continuous Professional Development

Those who use professional services have a right to expect that practitioners will keep their knowledge in their field of practice up-to-date and will extend their competencies as the demand for new services develops.

Codes of Conduct should make it clear that professionals have an unequivocal responsibility to maintain and develop competency in their field of practice and to this end must participate in continuous professional development throughout their working lives.

• 3. A Comparison – Common values of Independence and Impartiality

Those who use liberal* professional services have a right to expect assessment of circumstances to be carried out and decisions to be made impartially and objectively, without pressure from external sources and without conflicts of interest.

Codes of Conduct should make it clear that liberal professionals have the right to exercise personal professional judgement in the frame of their responsibilities, after taking into account all relevant circumstances, without any application of external influence.

* “Liberal professions, […] are, according to this Directive, those practised on the basis of relevant professional qualifications in a personal, responsible and professionally independent capacity by those providing intellectual and conceptual services in the interest of the client and the public.” in Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the Recognition of Professional Qualifications

• 3. A Comparison – Common values of Honesty and Integrity

Those who use liberal professional services have the right to expect to be treated with courtesy and respect. They are also entitled to receive sound professional advice in terms they will understand, as well as information before and during the provisions of services, both on the procedure it is intended to pursue to achieve the desired objective and on the fees involved.

Codes of Conduct should make it clear that professionals are required to act with courtesy, honesty and integrity in their relationships with clients and others, including professional colleagues and must not engage in any activity or behaviour that would be likely to bring the profession into disrepute or undermine public confidence in the profession. The first priority in the provision of professional services must be the best interests of the client or patient, subject to any over-riding legal requirement.

• 3. A Comparison – Common values of Supervision of Support Staff

Those who use professional services place their trust in the practitioner with whom they have direct contact and have the right to be confident that tasks will be delegated only to members of support staff who have the necessary knowledge and competencies. In that context, it should be clear that the responsibility for a delegated task remains with the delegator

• 3. A Comparison – Common values of Compliance with CC and Practice

Codes of Conduct should make it clear that members of the profession concerned are required to comply not only with the provisions of the Code of Conduct itself but also with legislation and the provisions of codes of practice and standards relating to specific professional services they may provide.

• 3. A Comparison – Common values of Professional Liability Insurance

Those who use a professional service have the right to expect adequate information from the provider, on the insurance held, or other form of guarantee which is equivalent or comparable, to cover liabilities in the event of adverse effects resulting from errors or omissions made in the provision of a service.

• 3. A Comparison – Common values of Conflict with Moral or Religious Beliefs

Those who lawfully seek a professional service should not have access to that service barred due to the moral or religious beliefs of the individual professional from whom that service is initially sought.The professionals have an obligation to provide information on where the service requested can most conveniently be obtained from a professional colleague, or details of the Order or professional organisation from which that information can be obtained.

After agreeing to provide a service, liberal professionals are bound to set aside any personal religious, cultural, philosophical or other convictions.

• 3. A comparison

– FIG (1998 UK, 2001 FR)

– RICS (2000)

• Do you have a national Code of Conduct that applies to the surveyors?

• If Yes, Please;– Provide us the references;– What is the source (Law, Decree, Association, …);– Is it mandatory or not;– Send us a copy.

• The same questions for Quality Charters

• 1. Introduction

• 2. Some Sources

• 3. A Comparison

• 4. The Evolution and Challenges– EC Questionnaire– EC Report– Conclusions - Future Actions

4. The Evolution and Challenges

– EC Questionnaire– EC Report– Conclusions - Future Actions

Article 37 of the Directive on Services in the Article 37 of the Directive on Services in the Internal Market (2006/123/EC) requires Internal Market (2006/123/EC) requires Member States, in co-operation with the Member States, in co-operation with the Commission, to encourage the drawing up at Commission, to encourage the drawing up at community level, of professional codes of community level, of professional codes of conduct and to ensure that such codes are conduct and to ensure that such codes are accessible at a distance by electronic means.accessible at a distance by electronic means.

4. a. EC Questionnaire – Status CLGE– Activity (FIG definition of Surveying)– Body under private law representing the whole

profession on the European level

4. a. EC Questionnaire – Codes– Several national codes exist, harmonisation– CEPLIS / Need of a Specific Code for Surveyors– Code of Conduct vs. Quality Charters

• Code of Conduct vs. Quality Charter– A CC binds all the members of the profession, i.e.

all the Geodetic Surveyors, generally by law. It governs the behavior of the professionals in various fields not only related to techniques. It acts on ethical values.

– A QC relates more to the technical execution of a mission or contract, the technical quality of a product is concerned.

4. a. EC Questionnaire – Covered fields– Rules / Ethics vis-à-vis the recipient of services– Commercial communications

“e-commerce & e-communications”

– Rules / Ethics vis-à-vis other members– Partnership rules– Pay– How business is conducted– Professional Secrecy– Insurance

4. a. EC Questionnaire – Divers– Participation framing of standards: FIG,

CEPLIS

– Possession of a well known LOGO:– Intention to produce a European Quality

Charter– Important remark CLGE is working for the

whole profession (regulated, employee, civil servant, academic, …)

4. a. EC Questionnaire – Conclusion

“CLGE and GE want to work hand in hand with the EC. Both associations are eager to collaborate and hope that the EC can provide human skills, material and financial resources to fulfil the work that we must complete.”

July 2007

• Did your NLGroup, Association or any other sister Association answered the EC Questionnaire on Codes of Conduct?

• If Yes, Please;– Provide us the references;– Send us a copy.

4. The Evolution and Challenges

– EC Questionnaire– EC Report– Conclusions - Future Actions

4. b. EC Report– Principle of Auto-Regulation by US– 172 answers from 25 sectors– Less than 10 answers national and EU– Confidence building for free movement– Identity building for professions– Regulated Profession are front runners

4. b. EC Report, ctd.– Diversity of Levels: Local, National, European

and even Worldwide– A EU organisation should regroup all the

representative National Organisations– Different organisations representing the same

profession = bad point– Mono or Multi professional CC (CLGE – CEPLIS)

• Code of Conduct vs. Quality Charter– A Code of Conduct is a set of ethical

principles.– A Quality Charter is a voluntary engagement

of the services provider.• 50% of EU organisations possess a Code

4. b. EC Report, Contents– Professional Ethics (Independence, Impartiality,

Interest of the client)

– Behavioural Ethics (consumer/colleague)

– Publicity of the Code of Conduct– Professional Secrecy

4. b. EC Report, Contents– Professional Qualifications (Platforms)– Assurance of high standards of skills– Continuing Professional Development– Professional Indemnity Insurances– Partnerships vs. independence– Lack of rules “commercial communications”– Honest and transparent pay (no price scales!)– Control and Sanctions

4. b. EC Report, Legal aspects– National powers (embedded in the law or not)– EU codes are declarative

• Importance of good integration with national codes• They complete each other• Interest of transposition from EU to national level• Monitoring and Sanctions on the national level

4. b. EC Report, Promoting CC’s– Data Base (European Economic and Social Council)

– Legal obligation after 2010– Information

• Publication of the codes (electronic)• Logo and label• Professional card• Registry of members obeying to the code

4. c. Conclusions - Future Actions– All EU member states inside of CLGE– Representative National Liaison Groups– Urgent need of integration on EU level

• CLGE• Geometer Europas• EGOS, RICS, …

4. c. Conclusions - Future Actions– Accelerate our work on the Code Conduct– National monitoring and sanctioning bodies

with European coordination and certification– Promoting our existence:

• Logo• Label • and an “Eng-Card”-like approach

• Do you have a national Code of Conduct that applies to the surveyors?– Provide us the references;– What is the source (Law, Decree, Association, …);– Is it mandatory or not;– Send us a copy.

• The same questions for Quality Charters

• Did your NLGroup, Association or any other sister Association answered the EC Questionnaire on Codes of Conduct?– Provide us the references;– Send us a copy.

PLEASE DON’T WAIT FOR THE MESSAGE AND ANSWER NOT LATER THAN

25 MARCH 2008

Regulated

Profession

Free Market

Civil Servants

PubliclyAppointed

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