REPUBLIC OF SERBIA

Negotiating Group on Establishment and Freedom

of Services

BILATERAL SCREENING MEETING

Examination of the Preparedness of Serbia in the field of

Chapter 3 – Right of establishment and freedom to provide services

Brussels, 12 March 2014

Relevant acquis

• DIRECTIVE 2006/123/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on services in the internal market

The legal framework

• Law on Planning and Construction ("Official Gazette of RS", No. 72/ 09, 81/09-corection, 64/10-66-CC, 24/11, 121/12, 42/13-CC, 50/13- CC and 98/13-CC ),

• Rulebook on conditions, program and the method of taking professional exam in the area of spatial and urban planning, drafting technical documentation and construction ("Official Gazette of RS ", No. 4/10 and 21/10)

• Rulebook on conditions and procedures for granting and revoking licenses for the urban planner, architect, contractor and planner ("Official Gazette of RS", No. 116/04 and 69/06)

• Rulebook on the method, procedure and content of the data for determining compliance of the requirements for a issuing of license for drafting of technical documentation and licenses for the construction of facilities for which construction approval issued by the ministry or autonomous region, as well as for the conditions for revocation of these licenses ("Official Gazette of RS", No. 114/04)

• Law on conditions for the employment of foreign nationals ("Official Gazette of the SFRY”, No. 11/78, 64/89 and "Official Gazette of SRY", No. 42/92, 24/94, 28/ 96 and 101/ 05)

• The Statute of Serbian Chamber of Engineers

("Official Gazette of RS", No. 88/05 and 16/09) • Decision on conditions and procedures for

determining of compliance of licenses issued by other countries with the rules of Serbian Chamber of Engineers, since 25th of November 2003 and the

• Decision on Amending the Decision on conditions and procedure for determining of compliance of licenses issued by other countries with the rules of Serbian Chamber of Engineers, since 7th of May 2010 and he Code of Ethics of Serbian Chamber of Engineers.

The institutional framework consists:

• Ministry of Construction

• Chamber of Engineers of Serbia

• Further harmonization and implementation and enforcement of Directive 2006/123/EC in this area depends on amending Laws under the jurisdiction of other ministries, after that the Ministry of Construction and Urbanism can access the harmonization with the Directive.

• Designing and construction may be carried out by a company or other legal entity or entrepreneur registered in the appropriate register. Designing and construction of facilities for which a building permit issue the Ministry, may be developed by a company that has the proper license, for which the requirement is to have a permanent staff person licensed by responsible designers and contractors who have appropriate professional results in their area.

• Law on Planning and Construction as well as adopted by-laws does not provide an adequate legal framework for the acquisition of the right of establishment and freedom to provide services. The Laws contains provisions limiting the provision of services by engineers-foreign nationals, as it is discussed in the Appendix. This area is also regulated by the Law on conditions for the employment of foreign nationals and the Law on employment and unemployment insurance, which also contains some restrictive provisions regarding the employment of a foreign entity

Geodetic activities

• Freedom in providing services in the field of performing geodetic

activities and issuing licenses for geodetic organizations and geodetic licenses (B.Sc. engineer and B.Sc. geodetic engineer licenses)

• The essence of the basic requirements and solutions in the Directive on services is the ability to provide services without discrimination in relation to the place of establishment of the legal entity or the nationality of the person, periodically carry out cross-border services and issuing licenses to companies and individuals.

• The essence of the basic requirements and solutions in the Directive on recognition of professional qualifications is the mutual recognition of academic and professional qualifications without discrimination to nationality, and simplification of the procedure for recognition of qualifications and harmonization of curricula.

The legal framework

• The Law on State Survey and Cadastre (“Official Gazette RS” No. 72/09, 18/10 and 65/13 – in the following text: the Law)

• Rulebook on licenses of work for geodetic organization and geodetic license (“Official Gazette RS”, No. 33/10 – in the following text: Rulebook) are partially harmonized with the Directives.

Implementation and application of regulations

• The provision of the Article 13 of Paragraph 3 of the Law prescribes the requirements for issuance of the license for work to geodetic organization, among which are mentioned: registration in the competent authority of the Republic of Serbia for operating the geodetic works and is regulated by the Law the number of employees of the geodetic profession, from which a number of them must have a geodetic license (depending of the type of activities for which is issued the work license to the geodetic organization).

• For performing geodetic works in the maintenance of real estate cadastre and utility lines cadastre and project realization of geodetic marking in the field of urban planning, geodetic organization does not have to have an employee with geodetic license but must have at least two employees of geodetic professions with a secondary geodetic school, passed state exam for that education and with at least three years work experience with that education (Article 17, paragraph 5).

• The provision of paragraph 6 of the same Article prescribes that a geodetic organization registered abroad can perform only works with a possible development of the main project in Serbia, if it is selected in an international tender for the contractor and by the fulfillment of the conditions prescribed by Law.

• The provision of the Article 15 of the Law prescribes the requirements for issuing geodetic licenses of the first and second order for specific performance of geodetic works (licensed geodetic engineer) including the type and level of education, passed state licensing exam and work experience in geodetic profession.

• The provision of the Article 577 of the paragraph 1 of the Law on Companies ("Official Gazette of RS ", No. 36/11 and 99/ 11) prescribes that the representative office of a foreign company must be registered in accordance with the Law on registration. Law on conditions for the employment of foreign nationals ("Official Gazette of the SFRY, No.11/78, 64/89 and " Official Gazette of the SRY", No. 42/92, 24/94, 28/96 and 101/05), that the Republic of Serbia took over as its Law, prescribes two conditions that a foreigner must fulfill to take the employment: that has approval for permanent or temporary residence and to obtain approval for employment (work permit). Foreigner can establish employment without authorization only to perform professional works envisaged by: a contract on business and technical cooperation, on long-term production cooperation, technology transfer and foreign investments.

Institutional framework and plans of harmonization and implementation and use of

regulations

• The Institute will prepare Draft Law and new Rulebook in accordance with the subject Directives.

• Directive 2006/123/EC requires amendments of the Law on Companies, Law on conditions for the employment of foreign nationals and Law on Employment and Unemployment Insurance, by the relevant ministries.

• Republic Geodetic Authority can access the harmonization of the Law with the aforementioned directives only after amending or after adoption of the above - the general regulations of which the Law as a special legislation should be consistent.

• As the provision of the Article 6 of the Law on State Survey and Cadastre provides that the activities of the state survey, cadastre of immovable property and of the utility lines cadastre are the activities of the general interest for the Republic of Serbia, under the conditions prescribed by the Law entrusted geodetic organization, it is necessary that a national Law regulate foreign geodetic organization with a residence in the state party may perform geodetic works on the territory of the Republic of Serbia with the approval of RGA.

• For the same reason, in recognition of professional qualifications should be prescribed by national law that it is possible to recognize only practical part of the professional exam and not a general part which refers to the knowledge of the national legislation. A foreign person who intends to take the geodetic works for which the applicable Law requires a passed state exam he/she must know the national regulations

Thank you for your attention