1. "Impact of EU Legislation on Cadastral Surveying" Daniel SteudlerWorkshop of Cadastre and Land Registry Network Brussels, 28 May 2010

2. Structure of presentation  Aim, Working group details  EU Legislation affecting liberal professions  Cadastral surveying profession  Situation in 10 countries participating in WG  Practical issues in 'cross-border' working  Conclusions, Recommendations

3. Aim of working group to establish an inventory of European regulations affecting cadastral surveying in general; to recognize changes that are to be expected, and in what areas; to identify actions that need to be taken; to make recommendations how the profession and the single countries can react.

4. Working group details 12 members: Hamit Basholli (KOS), Victor Grigorescu (RO), Aart Jan Klijnjan (NL), Rob Mahoney (UK), Edward Mecha (PL), Rob Neleman (NL), Tomaž Petek (SI), Jean-Yves Pirlot (BE), Gerda Schennach (AT), Volkmar Teetzmann (DE), Wilhelm Zeddies (DE), Berny Kersten (Head Office-EuroGeographics), and Daniel Steudler (CH, Chair) 3 full meetings in Brussels (11/12 Feb. 2009), Mainz (9/10 June 2009), Innsbruck (3/4 Nov. 2009) editing team meeting in London (10 Feb. 2010) report published in April 2010

5. Participation in WG RS ES CH PT FR PL UK IE IS NL NO SE DK FI DE BE CZ AT IT SI SK HU HR BA ME MD RO BG MK Kos GR TR UA RU BY LT LV EE LU

6. Table of Content 1.Executive Summary 2.Introduction 3.General Description of European Legislative Framework 4.Other Influences and Developments 5.Surveyors' Activities and Its Categorisation 6.Conclusions and Recommendations References Annex 1: Relevant Articles of the «Treaty Establishing the European Community» Working group report

7. «Treaty Establishing the European Community» - 4 relevant articles (1) TITLE III: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 1: WORKERS Article 391. Freedom of movement for workers shall be secured within the Community. … 4. The provisions of this article shall not apply to employment in the public service.

8. «Treaty Establishing the European Community» - 4 relevant articles (2) TITLE III: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 2: RIGHT OF ESTABLISHMENT Article 43… restrictions on the freedom of establishment … shall be prohibited. Article 45The provisions of this chapter shall not apply … to activities which in that State are connected, even occasionally, with the exercise of official authority.

9. «Treaty Establishing the European Community» - 4 relevant articles (3) TITLE III: FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL CHAPTER 3: SERVICES Article 49… restrictions on freedom to provide services within the Community shall be prohibited …

10. Four articles relating to cadastral surveying professionals Art. 39: Freedom of movement, but not for employment in public sector, i.e. activity is in state monopoly  activity mainly carried out by civil servants Art. 45: Freedom of establishment, but not for activities connected to official authority,  activity is carried out by publicly appointed professionals Art. 43: Freedom of establishment, regulated by professional agreements incl. mutual recognitions  activity can be exercised by private sector professionals acting on behalf of state authorities Art. 49: Freedom to provide services  activity is not regulated, employment regulated by free market

11. Article 45 Freedom of establishment, but not for activities connected to official authority Publicly Appointed Article 43 Freedom of establishment, regulated by professional agreements incl. mutual recognitions Professional Regulations Article 49 Freedom to provide services Free Market Henssler I Henssler II AccordMultilateral Code of Conduct Point of singlecontactScreeningQualityCode Art. 26 Publicmappingagencies Article 39 Freedom of movement, but not for employment in public sector Civil Servants INSPIRE Bologna Four articles relating to cadastral surveying professionals

12. Activities of cadastral surveying professionals Typical activities (from "European requirements for cadastral surveyor activities", June 2008): 1.Cadastral (technical) field measurements 2.Marking of parcel corners 3.Advise/consultancy for the landowner 4.Validation, getting approval on cadastral plans from relevant authorities 5.Land price valuation 6.Registration of updated cadastral data to Cadastral database 7.Defining restrictions on land use 8.Preparation (correction) of territorial planning documents

13. Example UK Art. 39 Art. 45 Art. 43 Art. 49 1.Cadastral (technical) field measurements xx 2.Marking of parcel corners x 3.Advise / consultancy for the landowner x 4.Validation, getting approval on cadastral plans from relevant authorities xx 5.Land price valuation xx 6.Registration of updated cadastral data to cadastral database xx 7.Defining restrictions on land use x 8.Preparation (correction) of territorial planning documents x

14. Example Belgium Art. 39 Art. 45 Art. 43 Art. 49 1.Cadastral (technical) field measurements xx 2.Marking of parcel corners xx 3.Advise / consultancy for the landowner xx 4.Validation, getting approval on cadastral plans from relevant authorities xx 5.Land price valuation xxx 6.Registration of updated cadastral data to cadastral database x future 7.Defining restrictions on land use xxx 8.Preparation (correction) of territorial planning documents xxx

15. Example Switzerland Art. 39 Art. 45 Art. 43 Art. 49 1.Cadastral (technical) field measurements x 2.Marking of parcel corners x 3.Advise / consultancy for the landowner xx 4.Validation, getting approval on cadastral plans from relevant authorities x 5.Land price valuation x 6.Registration of updated cadastral data to cadastral database x 7.Defining restrictions on land use xx 8.Preparation (correction) of territorial planning documents x

16. Activity 1 – Cadastral field measurements Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

17. Activity 2 – Marking of parcel corners Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

18. Activity 3 – Advise/consultancy for the land owner Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

19. Activity 4 – Validation, getting approval on cadastral plans from authorities Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

20. Activity 5 – Land price valuation Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

21. Activity 6 – Registration of updated cadastral data to cadastral database Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

22. Activity 7 – Defining restrictions on land use Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

23. Activity 8 – Preparation of territorial planning documents Article 43 Article 45 Article 49 Article 39 39, 43, 49 Art. 43, 49 39, 45, 43, 49 Art. 45, 49 Art. 39, 49 Art. 39, 43 Art. 45, 43 Art. 39, 45

24. Practical issues in 'cross-border' working National Point of Contact (NPC): a government office producing guidelines in a national context and ensuring that the national business community understands the implications of those guidelines; many EU member states have an NPC in operation, but often there are no guidelines for the cadastral domain. Single Point of Contact (SPC): will assist to find answers in individual cases for professionals working cross-border; often an SPC has not been established for the cadastral domain. Code of Conduct: set of rules for proper professional practices (not yet established in all EU member states). Education and experience: differences in the education levels of the different countries can create disadvantages in selection process. Language: cadastral surveyors need to speak the local language in order to connect with local landowners.

25. Conclusions The working group was challenged by some issues, namely: the topic of EU legislation is of a broad scope; the working group had to limit its work to what was feasible; the topic is very much focussed on legislative issues, which is hard to grasp for surveyors; for a more comprehensive overview, the topic might have to be approached with a commissioned mandate, as CLGE has done with the Henssler I and II studies; both Henssler studies provide a valuable basis for the understanding of the issues; however, it has to be recognized that they have a German background and that studies for other countries might have to be initiated accordingly.

26. Recommendations It is recommended that each country examines for itself the relevant EU treaty articles from their own national perspective. The included country reports give a first insight into how some countries have already, or intend to deal with those issues. The working group proposes to extend the collection of country reports with the aim of providing a broader knowledge base. Such a collection could be published and maybe managed in a web-based context. There are a few professional colleagues who have already made the step across borders and are working in a different EU country. Their experiences and challenges is a valuable information source for others, but would need to be made accessible.