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11 MAI 2003. - Act to protect the title and profession of geometer-experts (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Title and occupation of geometer-expert
Art. 2. No one may practise the profession of geometer-expert, or carry the professional title of geometer-expert, or any other title likely to suggest that he practises the profession of geometer-expert, if he does not meet the following conditions:
1° be holder of one of the following titles:
(a) a degree from surveyor, surveyor or geometer-experts, issued, as the case may be, pursuant to royal decrees of 31 July 1825 containing provisions relating to the exercise of the surveyor's profession, 1^er December 1921 relating to amendments to the provisions concerning the exercise of the geometer-surveyor profession and May 18, 1936 amending the provisions concerning the exercise of the geometer-expert real estate profession or the Régent's decree of June 16, 1947 establishing a single test for some graduates, to obtain the geometer-expert real estate degree;
(b) a graduate degree in science, geography group, geometry option; a graduate degree in geography;
(c) an industrial engineering degree in construction, geometer option;
(d) a graduate degree "gemeter-expert real estate" or graduated in "building and real estate, measuring option", supplemented by a certificate of success of the integrated test delivering the titles of geometer-expert real estate;
(e) a university or university degree or higher technical education compatible with the exercise of the geometer-expert profession, recognized by the King, after the advice of the Superior Council of Independents and Small and Medium Enterprises;
(f) a diploma equivalent to one of the above-mentioned titles and issued by a State or Community jury;
(g) a diploma issued by any other comparable institution recognized by the King, after the advice of the Higher Council of Independents and EMPs;
(h) 1. a diploma prescribed by another Member State of the European Community or another State which is a party to the Agreement on the European Economic Area, referred to as "State", to access or exercise the geometer profession in its territory and which was obtained in a State.
We mean by degree:
any diploma, certificate or other title or any set of such diplomas, certificates or other titles:
- issued by a competent authority in a State;
- the result of which the licensee has successfully completed a three-year cycle of post-secondary education, or a part-time equivalent period, at a university or higher education institution or at an equivalent level of training and, where applicable, has successfully completed the required vocational training in addition to the post-secondary education cycle;
- the result of which is that the holder has the professional qualifications required to access the regulated profession of geometer in that State or to exercise it, as long as the training sanctioned by this degree, certificate or other title has been acquired to a preponderant measure in the European Community or the European Economic Area, or as soon as the holder has a three-year professional experience certified by the State that has recognized a diploma, certificate or other title issued in a third country.
Is considered to be a diploma any degree, certificate or other title, or any set of such diplomas, certificates and other titles, which has been issued by a competent authority in a State as long as it punishes a course acquired in the European Community or the European Economic Area and recognized by a competent authority in that State as equivalent, and confers the same rights of access to the regulated profession of geometer or exercise;
2. if the person concerned has exercised the geometer profession at full time for two years in the preceding ten years in another State that does not regulate this profession, a degree:
- issued by a competent authority in a State;
- the result of which the licensee successfully completed a cycle of post-secondary education of a minimum of three years, or of a duration equivalent to part-time, at a university or higher education institution or at another institution of the same level of training of a State and, where applicable, has successfully completed the required vocational training in addition to the post-secondary education cycle;
- and who prepared it for the exercise of this profession.
However, two years of professional experience may not be required when the degree held by the applicant grants a training directly oriented to the exercise of the geometer profession.
A diploma is equivalent to any title or set of titles that has been issued by a competent authority in a State, as long as it punishes a formation acquired in the European Community or the European Economic Area and is recognized as equivalent by the State, provided that such recognition has been notified to other States and to the European Commission.
The diplomas referred to in (a) to (e) above shall be issued by educational or training institutions organized, recognized or subsidized by the State or the Communities;
2° having sworn the oath referred to in Article 7.
Art. 3. The following activities are removed from the professional activity of a geometer-expert within the meaning of this Act:
1° the boundary of land;
2° the establishment and signature of plans to be used for a recognition of limits, a transfer, a settlement of adjoining, and any other act or record constituting an identification of property, and that may be presented to the transcript or mortgage registration.
The performance of the professional activity described in this section was also reported to the geometers serving the public authorities in the exercise of their duties as public servants.
Art. 4. § 1^er. No person may exercise as an independent, principal or incidental, the geometer-expert profession if he does not meet the requirements of section 2 of this Act and if he or she is not included in the table referred to in section 3 of the Act of 11 May 2003 creating Federal Councils of Geometers-experts.
§ 2. Persons referred to in § 1^er send to the Federal Council of Surveyors, by registered letter, an authenticated copy of their title.
§ 3. Applicants may only exercise their geometer-expert activity as an independent or employee if there is no conflict of interest, incompatibility or unfair competition. These cases are defined by the rules of ethics referred to in Article 8, § 1^er, and by the rules of incompatibility prescribed to the exercise of other professions.
§ 4. The registration is subject to an annual non-refundable fee, the amount of which is determined by the Minister who has the Average Classes in his or her duties. The geometer that does not fulfil the right of registration is removed from the table provided for in section 3 of the law of the...creating Federal Councils of Surveyors.
§ 5. Those listed in the table may be removed at any time of their own initiative.
They are obliged to inform, by registered letter and within thirty days, the Federal Council of Geometers-experts of any change or extension of their geometer-expert activity to another independent, employee or public service activity.
Art. 5. When the geometer profession is exercised by a company, the employed geometers must work under the control and responsibility of an independent geometer, inscribed in the table referred to in Article 3 of the Act of 11 May 2003, creating Federal Councils of Surveyors.
When the geometer-expert carries out the activities referred to in Article 3 under an employee status, without being under the control and responsibility of a geometer-expert listed in the table of the federal councils of the geometer-experts, the geometer-expert must be included in the table and therefore assume the responsibilities and acts as the independent geometer-expert.
Art. 6. Holders of a degree referred to in Article 2, 1°, paragraph 1^er, h , have the right to make use of their legal training title of the State of origin or origin and possibly of its abbreviation, in the language of that State. In this case, this title must be followed by the name and place of the establishment or jury that issued it.
Art. 7. § 1^er. The Belgians take the oath referred to in Article 2, 2°, in the following terms:
"I swear faithfulness to the King, obedience to the Constitution and the laws of the Belgian people, and I swear to faithfully carry out the tasks entrusted to me as a gem-expert. »
Persons of foreign nationality are sworn in as follows:
"I swear to fulfill faithfully, in soul and conscience, according to the requirements of Belgian law, the missions which will be entrusted to me as a geometer-expert. »
The Belgians and foreigners who are domiciled in Belgium are sworn in before the court of first instance of their domicile. Nationals of a Member State of the European Community or another State Party to the European Economic Area Agreement shall be sworn in before the Court of First Instance of their choice.
In all the acts that he delivers, the geometer-expert must mention this oath in the following terms:
"Geometer-expert, sworn by the Court of First Instance of...".
§ 2. The geometers-experts listed in the table referred to in section 3 of the Act of 11 May 2003 creating Federal Councils of Geometers-experts, are sworn in on the production of an attestation certifying their registration. By registered letter, they transmit to the Federal Council of Geometers-experts, within sixty days of their first registration, an authenticated copy of the minutes of their swearing-in, under penalty of delisting them in the table.
The geometers-experts who wish to practise their profession as an employee or in a public service and to carry the professional title shall be sworn in on the production of a title within the meaning of section 2, 1°, of this Act.
§ 3. Persons who took the oath referred to in section 2 of the Act of 6 August 1993 repealing the Royal Decree of 31 July 1825 concerning the provisions relating to the exercise of the surveyor's profession are deemed to have made the oath under this section.
Art. 8. § 1^er. The independent geometer-expert is required to comply with the rules of ethics established by a Royal Decree, after the advice of the Higher Council of Independents and Small and Medium Enterprises.
§ 2. If it is proven that he has failed in his ethical duties, the independent geometer-expert is liable to one of the following disciplinary penalties:
(a) warning;
(b) blame;
(c) suspension for a term not exceeding two years;
(d) radiation.
CHAPTER III. - Transitional provisions
Art. 9. § 1^er. Without prejudice to the application of Article 2, 1°, persons who, pursuant to the Royal Decree of January 18, 1995 protecting the professional title and exercise of the profession of juror geometer-expert, have been registered on the list of holders referred to in Article 17, § 5, of the Framework Law of the 1^er March 1976, protecting the professional title and exercise of the service providers' intellectual professions, may replace the production of an authenticated copy of their title, within the meaning of Article 4, § 2, in support of their application for registration in the register of the holders of the profession, by proof of their registration on the said list.
§ 2. Persons who, on the date of entry into force of this Act, exercise the profession of independent geometer-expert, being carrying one of the titles referred to in Article 2, 1°, or being registered on the list of holders whose question is in § 1^er of this Article, are authorized, as a transitional measure, to continue to practise their profession or to carry the title thereof until the decision of the Federal Council or the Federal Council of Appeal for Surveyors. To benefit from this transitional measure, they are required to apply for registration within sixty days of the coming into force of this Act.
§ 3. The provisions referred to in Article 17, § 2, of the Framework Law of 1^er March 1976 regulating the protection of the professional title and the exercise of the intellectual professions service providers and paid in accordance with the Royal Decree of January 18, 1995 protecting the professional title and exercise of the profession of sworn geometer-expert are paid to the Treasury. They are deducted from the right of registration referred to in Article 4, § 4, of this Act.
CHAPTER IV. - Criminal provisions
Art. 10. Whoever contravenes articles 2 and 4 is punished by a fine of 5 to 25 euros.
Art. 11. Book 1 of the Criminal Code, including Chapter VII and Article 85, is applicable to offences under this Act.
Art. 12. Without prejudice to the duties of judicial police officers, police personnel, as well as officials and agents designated by the King on the proposal of the Minister who has the Middle Class in his or her powers, are responsible for the investigation and examination by verbatim of the offences under this Act.
These minutes are believed to the contrary. They shall be transmitted promptly to the relevant officers of the Public Prosecutor ' s Office; a copy is sent to the perpetrator of the offence within seven working days of the finding of the offences, barely nullity.
CHAPTER V. - Abrogatory provisions
Art. 13. § 1^er. Are repealed with effect on March 7, 1995:
- Royal Decree 1^er December 1921 amending the provisions concerning the exercise of the geometer-surfacer profession;
- the Royal Decree of May 18, 1936 concerning the exercise of the profession of geometer and real estate expert.
§ 2. The Act of 6 August 1993 repealing the Royal Decree of 31 July 1825 concerning the provisions relating to the exercise of the surveyor's profession and the Royal Decree of 18 January 1995 protecting the professional title and exercise of the occupation of sworn geometer-expert are repealed.
CHAPTER VI. - Entry into force
Art. 14. The King shall determine the effective date of the provisions of this Act.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 May 2003.
ALBERT
By the King:
Minister for Average Class,
R. DAEMS
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Notes
(1) Regular session 2002-2003.
Parliamentary documents. - Bill No. 50-2152/1. - Amendments, n^bones 50-2152/2 to 4. - Report, no. 50-2152/5. - Text adopted by the Commission, No. 50-2152/6. - Amendments filed after the report is filed, n^bones 50-2152/7 and 8. - Text adopted in plenary and transmitted to the Senate, No. 50-2152/9. - Erratum, no. 50-2152/10.
Annales de la chambre des représentants :
Full report: 19 and 20 March 2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 2-1554/1. Report, no. 2-1554/2. - Decision not to amend, No. 2-1554/3.