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Application of Services Directive: Professional Insurance and Capital Shares

This text discusses the application of the Services Directive, professional insurance requirements, and capital shareholding regulations in European countries. It highlights the importance of common use and cooperation among European surveyors. The information was gathered through a questionnaire with answers from 20 different countries.

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Application of Services Directive: Professional Insurance and Capital Shares

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  1. Services Directive Bénédicte Fournier Krakow 26-28 March 2009

  2. 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)

  3. Final table

  4. Application of the Services directive • 6 countries answered « no » : • Germany • Luxemburg • The Netherlands • Norway • Poland • Switzerland

  5. 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

  6. 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

  7. 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

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

  9. Furthercooperation • Ready-made comparative study dealing with the training and the practice of the profession in Europe • Little input, great output !

  10. Thank you!

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