Cyprus Scientific and Technical Chamber ( ETEK) The Cyprus Experience with Fees Current Status Christodoulos Hadjiodysseos Acting Manager
Topics Relevant Numbers Legislative Framework Main Problems Faced Public Works (pro EU accession) Public Works (post EU accession) Private Sector (initially, now general scope) Current Status- Next Steps
Relevant Numbers Cyprus in numbers Population: ~ 800.000 ETEK Members: ~10.000 (>1% of island population) Architects: ~1.500 Civil Engineers: ~3.000 Mechanical Engineers: ~1500 Electrical Engineers: ~ 1300 Chamber also regulates professions of Town Planners, Quantity Surveyors, Mine Engineers, Computer Engineers etc
Legislative Framework ETEK Law (L.224/90) Licensing for Chartered Engineers/ Architects Disciplinary regulations Roads and Buildings Legislation (1959-2008) Regulates Building Permissions (Municipalities, Ministry of Interior) Compulsory Supervision Regulation Electrical and Mechanical Installations Regulations Energy Efficiency of Buildings (2006) Health and Safety Regulations (1996-2003) Urban and Town Planning Legislation (1972-2010)
Problems Faced #1 Economic Crisis: Chartered Engineers/ Architects compete on (very low) pricing Commercialisation of engineering services offered Private Sector: Licensing Authorities not capable to fulfil their role to control/ monitor quality of building Public Sector: Employers have difficulties in monitoring and evaluating project quality Responsibility lies solely with the Supervising Architect/ Engineer More Obligations to come (2011) Designing for people with disabilities Fire Security and Protection
Problems Faced #2 How do we deal with the following: Extremely intense competition between professionals on price Significant and frequent quality compromises Increasing costs for Maintenance/ project lifetime Long term safety worries raised Need for employers to know the services they should be asking for
Public Works Regime (pro EU) ETEK, Ministry of Communications and Works, Accountant General agreement on: Registers for Approved Design Engineers/ Consultants Fee scales for: Architectural Services Civil Engineering Services Electrical Engineering Services Mechanical Engineering Services Quantity Surveying Services Fees related to project type and budget Tenders Awarded by Draw
Public Words Regime (post EU) After EU Accession, on the basis that the procedure was incompatible with the European Legal Framework: Registers relinquished Fee scales abandoned Transposition of directive 2004/18/EC with national law 12(I)/2006 Public Authorities use relevant procedures: Economically most advantageous tender Or (quite often) Lowest Price only
Public Words Regime (post EU) Chamber investigated whether it is possible to reintroduce similar system for public works. The Republic s legal service position is that: Fee systems cannot be introduced solely for public projects. Any application of a fee system should be of general application and scope (both private and public), provided that they satisfy the requirements set out by the relevant legislation (Competition, Directives 2004/18 and 2006/123) One universal fee system both for private and public works!
Private Sector #1 The Technical Chamber of Cyprus has, since its establishment (1991), advocated for the introduction of legislation regarding: Minimum Services offered by Chartered Engineers/ Architects accompanied by Minimum Fees to provide the aforementioned services Based on relevant clause of the ETEK law (Article 32(2)(c)) allows for the Chamber to issue regulations regarding: Regulation of Fees for professional consulting services and works provided or carried out by the Chamber s members
Private Sector #2 First working team formed in 1996 and in 1998 first draft report prepared. Numerous meetings with the Legal Services and the Attorney General Lengthy negotiations with professionals and within the Chamber s bodies Legislation reworked and the Final approved document (13 th issue in total) was submitted to the Ministry of Communications and Works for approval in 2002. Numerous meetings between ETEK and the Ministry. In July 2003 the draft regulations were forwarded to the legal service for processing, processing completed in 2006.
Current Status- Next Steps Ministry of Communications and Works has requested for the purpose of its investigation and in order to forward the legislation prepared that the Chamber provides relevant information regarding: Examples of applications of fee systems in the European Union. Relevant Scales and services covered in other EU countries. Hence our presence here. We expect to listen about: Fee systems Dealing with Directives 2004/18 and 2006/123 Problems faced and, hopefully, solutions found, by our Colleagues elsewhere
Thank you for your attention! The Technical Chamber of Cyprus