FIG PUBLICATION NO. 14
Working towards
Liberalisation in
Surveying Services
The applications of NAFTA, the EU
and MERCOSUR to the surveying profession and the response of the profession in
the four MERCOSUR countries
Papers presented at a
seminar held in Buenos Aires, Argentina
on 15 April 1996
Contents
Preface
The North
American Free Trade Agrement (NAFTA) - its application to the surveying
profession
by Robert W Foster, Vice-President (USA),
FIG
Experiences
within the European Union of Developing a Regime for the Liberalisation of
Trade in Services - with particular reference to the work of the Comité de
Liaison des Géomètres Européens (CLGE)
by Ernst Höflinger,
immediate past chairman, FIG Commission 3 and Austrian delegate to the
CLGE
El
Mercado Comun del Sur (MERCOSUR)
by María Cristina Boldorini,
Minister responsible for MERCOSUR, Government of Argentina
Joint
Professional Activities and their Organisation within MERCOSUR
by
Eduardo Marquez, Vice-President, Consejo Profesional de la Ingeniería,
Arquitectura y Agrimensura de la Provincia de Corrientes,
Argentina
Responsibilities
and Qualification of the Surveyor in Argentina
by Carlos Gillone,
President, Federación Argentina de Agrimensores
Surveying
in Brazil
by Miguel Prieto, President, Federação Nacional dos
Engenheiros Agrimensores, Brazil
Surveying
in Paraguay
by Rodolfo P Cáceres González, President, Asociación de
Agrimensores del Paraguay
Surveying
in Uruguay: Regulation and Professional Training
by Nelma Bénia
Llano, member of the Directing Committee of the Asociación del
Agrimensores del Uruguay
Orders
for printed copies
Preface
The first annual meeting of the
International Federation of Surveyors (FIG) to be held in South America took
place in Buenos Aires on 15 - 18 April 1996. It was hosted by the Argentinian
member association of FIG, the Federación Argentina de Agrimensores (FADA). The
meeting occurred at a time when liberalisation of trade in services was (and
continues to be) high on the Federation’s agenda; and the opportunity was
therefore taken to organise a half-day seminar to consider how the profession in
three regions - North American, Europe and the southern American cone - and in
the individual countries within one of these regions - the southern American
cone - are facing up to the challenge. In particular the seminar studied and
compared experiences in harmonising standards of academic education and
professional training and in securing cross-border recognition of professional
qualifications.
This publication contains the papers that were
presented at the seminar. It was attended by surveyors from all over the world,
including seven South American countries and a particularly strong contingent
from the home country, Argentina.
The first two papers describe how surveyors
are contributing and reacting to the liberalisation regimes that are already
being developed by the North American Free Trade Agreement and within the
European Union. The third paper summarise the achievements to date of MERCOSUR
(the common market of the southern American cone, comprising Argentina, Brazil,
Paraguay and Uruguay) which, having established its custom union, is now turning
its attention to services. The fourth paper describes the work of the committee
which four professions, including the surveying profession, in the MERCOSUR
countries have established to harmonise qualifications and otherwise prepare for
MERCOSUR’s own work to create a free market in services.
The last four papers describe the education,
practice and regulation of the profession in each of the MERCOSUR countries.
They highlight the problems of creating common standards in countries whose
educational, institutional and regulatory regimes differ not only from country
to country but also from state to state within two of the countries; but they
also show how, by working together in the interests of the profession, such
problems can be overcome.
The North American Free Trade Agreement (NAFTA)
– its application to the surveying profession
by Robert W
Foster
1. The Agreement
1.1 On 12 August 1992 the trade
representatives of Mexico, Canada and the United States concluded negotiations
on the North American Free Trade Agreement, which was passed and signed by the
respective governments in late 1993 and became effective on 1 January
1994.
1.2 NAFTA is a comprehensive trade agreement intended to improve all aspects
of doing business in North America by eliminating tariffs completely and
removing many non-tariff barriers such as import licences. NAFTA facilitates
cross-border investment by ensuring that investors receive treatment equal to
that of domestic investors. Strong rules of origin assure that tariffs are
reduced only for goods made in North America. Parties to NAFTA (the Agreement)
have agreed to implement uniform customs procedures and regulations.
Trade in Services
1.3 The US-Canada Free Trade Agreement of 1988 established the first
comprehensive set of principles governing trade in services. NAFTA broadens
these protections and extends them to Mexico. Virtually all services are covered
in the Agreement, with the exception of aviation transport, maritime, and basic
telecommunications.
Intellectual Property
Provisions
1.4 NAFTA provides high standards of protection for intellectual property
covering patents, trademarks, copyrights, trade secrets, industrial designs and
the like. The Agreement protects industry by reducing the risk that products of
creativity and innovation could be unfairly exploited.
Government Procurement
1.5 NAFTA includes a government procurement provision applying not only to
goods but also to contracts for services and construction.
Standards as Obstacles to
Trade
1.6 NAFTA prohibits the use of standards and technical regulations as
obstacles to trade by requiring that standards-related measures be applied in a
non-discriminatory manner to both domestically produced and imported products.
Companies and other interested parties may participate in the development of new
standards in the other countries on the same basis as domestic entities.
Temporary Entry
1.7 Uniform and transparent procedures to facilitate temporary entry of
business persons to conduct trade in goods and services and investment
activities have been developed under NAFTA between Mexico and the US. Existing
US-Canada provisions are in place from the 1988 Agreement between those two
countries. They provide for temporary entry for company executives and mangers,
sales representatives, agents and buyers, after-sales service providers and
professionals. Practitioners of 63 occupations including engineers, biologists
and pharmacists are eligible to use NAFTA entry provisions.
Dispute Resolution
1.8 NAFTA provides several procedures for the settlement of disputes
involving the application or interpretation of the Agreement. A trilateral free
trade commission will regularly review trade relations among the three countries
and discuss specific problems. In disputes regarding environmental, safety,
health-related or other scientific matters, dispute resolution panels may call
upon experts for advice. Investors may take a host country directly to
international arbitration for settlement of disputes involving monetary damages
arising from violations of NAFTA’s investment provisions. The Agreement
encourages the use of alternative dispute settlements, including arbitration,
for commercial disputes between private parties.
2. Professional
Services
Licensing and
Certification
2.1 On the subject of licensing and certification the Agreement states
"With a view to ensuring that any measure adopted or maintained by a Party
relating to the licensing or certification of nationals of another Party does
not constitute an unnecessary barrier to trade, each Party shall endeavour to
ensure that any such measure (a) is based on objective and transparent criteria
such as competence and the ability to provide a service; (b) is not more
burdensome than necessary to ensure the quality of a service; and (c) does not
constitute a disguised restriction on the cross-border provision of a
service".
2.2 The Agreement calls for the elimination of "any citizenship or
permanent residency requirement ...". The Agreement also encourages the
development of temporary licensing procedures, calling on each Party to the
Agreement to consult with the relevant in-country professional bodies to obtain
recommendations on procedures for temporary licensing, the development of model
procedures, identification of engineering specialities, and other matters
relating to temporary licensing.
Development of Professional
Standards
2.3 Parties to the Agreement are encouraged to develop standards for the
licensing and certification of professionals with regard to (a) education -
accreditation of schools or academic programmes; (b) examinations - qualifying
examinations for licensing including alternative methods of assessment such as
oral examinations and interviews; (c) experience - length and nature of
experience required for licensing; (d) conduct and ethics - standards of
professional conduct and the nature of disciplinary action for non-conformity
with those standards; (e) professional development and re-certification -
continuing education and on-going requirements to maintain professional
certification; (f) scope of practice - extent of, or limitation on, permissible
activities; (g) local knowledge - requirements for knowledge of such matters as
local laws, regulations, language, geography or climate; and (h) consumer
protection - alternatives to residency requirements including bonding,
professional liability insurance and client restitution funds to provide for the
protection of consumers.
3. NAFTA and the Engineering Profession
Implementation
3.1 An example of the implementation of the Agreement by a professional group
may be found in the Mutual Recognition Document (MRD) negotiated by the
representative engineering organization (REO) from each of Mexico, Canada and
the United States. The REOs were the Comité Mexicano para la Práctica
Internacional de la Ingeniería, the Canadian Council of Professional Engineers
and the United States Council for International Engineering Practice.
3.2 The REOs have recommended to the NAFTA free trade commission the
standards, criteria, procedures and measures regarding the mutual recognition of
engineers contained in the document "Mutual recognition of
registered/licensed engineers by jurisdictions in Canada, the United States of
America and the United Mexican States to facilitate mobility in accordance with
the North American Free Trade Agreement". At the same time the REOs have
submitted the document to the jurisdictions within their purview to obtain its
"timely implementation". The jurisdictions are (i) a state or
territorial engineering licensing board in the United States of America, (ii) a
provincial or territorial professional engineering association/ordre in Canada
and (iii) the Dirección General de Profesiones de la Secretaría de Educación
Pública and the state governments in the United Mexican States.
3.3 The MRD is organised into the following sections: (i) preamble; (ii)
representative engineering organisations - identifies the REOs; (iii)
definitions - defines key terms; (iv) engineering practice - defines the
practice of engineering; (v) temporary licensing - "REOs agree to develop
fair and equitable procedures for temporary licensing ... for a maximum of three
years" or "for the duration of a specific project"; (vi)
licensing - "nothing in this document shall preclude any individual from
pursuing licensure in any jurisdiction in Canada, Mexico or the United States
through the exercise of existing procedures. A host jurisdiction shall ensure
that applications ... are dealt with in a timely manner". No requirements
for residency for licensure; (vii) immigration and visa issues; (viii)
principles of ethical practice; (ix) provisions related to
discipline/enforcement; (x) continuing competence - calls for engineers to
maintain competence and practise only in areas of expertise in which they are
competent; (xi) dispute resolution - provides for interpretation of the
provisions of the MRD regarding discipline and sanctions, on the request of any
REO; (xii) mechanisms and procedures; (xiii) ratification and implementation;
(xiv) periodic review and renewal - REOs to convene every two years to review
the document; and (xv) withdrawal - provides for withdrawal from the provisions
of the document.
3.4 Objections to the MRD have been expressed by at least one US jurisdiction
(California board of registration for professional engineers and land surveyors)
with the argument that engineers from Canada and Mexico would be allowed to
practise in the US "without having demonstrated through examination that
they have the competency to practise".
3.5 The MRD was provisionally accepted by the national council of examiners
for engineering and surveying (NCEES) in August 1995, with the clause allowing
for a two-year application of the MRD followed by further review and
consideration.
4. NAFTA and the Surveying Profession
4.1 In June 1989 I represented the American Congress on Surveying and Mapping
(ACSM) at the free trade forum held in Halifax, Nova Scotia on the Canada-United
States Free Trade Agreement of 1988. The forum was attended by more than 40
people from 17 different surveying and mapping institutions from the US and
Canada as well as by representatives from the Canadian external affairs
department and the US department of commerce. The forum concluded by adopting a
resolution recommending that the Canadian Institute of Surveying and Mapping
(now the Canadian Institute of Geomatics) and ACSM begin negotiations "for
the purpose of reviewing the impact of the Agreement on the surveying and
mapping community in Canada and the US, the review to include licensing
standards; professional development; standards and specifications for surveying
and mapping services and products; and conduct and ethics".
4.2 Since then there has been liaison between the National Society of
Professional Surveyors (NSPS), a member organisation of ACSM, and the Canadian
Council of Land Surveyors (CCLS), with representatives of each board attending
meetings of the other. A formal ACSM/CCLS committee for the purpose of forming
an agreement similar to the engineers’ MRD has been established. Attempts to
include members of the Mexican surveying and mapping community have been
unsuccessful to date; though it is the intent of the Canadian and US members
that any agreement should be a tripartite one.
4.3 Although the committee is incomplete at this time and has yet to file a
report of its deliberations, it appears that all elements of an agreement
similar to the engineers’ MRD can be negotiated for surveying practice with
the exception of property, or boundary, surveying. The differing structure of
land titles in the various states and provinces, as well as the variety of
educational and experience differences by statute and regulation of the many
jurisdictions involved, have stood in the way of an agreement allowing surveyors
to cross jurisdictional lines to perform property surveys other than through the
usual processes of licensing by the several local authorities.
Comment
4.4 Property surveying is a professional service provided typically by small
business proprietors working within 30 to 80 kilometres from their offices.
Discussions with surveyor-proprietors along both the US/Canadian and the
US/Mexican borders indicate little interest in cross-border trafficking to
provide services in foreign environments. The same may not be true for other
forms of surveying. Engineering surveys, positioning, photogrammetry, mapping,
GIS and GPS work may offer attractive opportunities for cross-border work; but
for these activities there does not seem to be much difficulty in forging an
agreement similar to the engineers’ MRD. The major obstacle to such a
tripartite agreement many be the difficulty of engaging responsible
representatives of the surveying and mapping community of Mexico.
by Ernst
Höflinger
1. First Steps towards
Liberalisation
1.1 The International Federation of Surveyors
(FIG) reacted early to the implications of the Treaty of Rome for the surveying
profession. In 1972 a liaison committee was set up, originally as part of FIG
Commission 1, to represent the liberal profession of surveying in the then
European Economic Community (EEC). In May 1990, following a detailed hearing by
the European Commission, it was decided that the CLGE should represent the
interests of the entire geodetic surveying profession within the EEC.
1.2 The CLGE has directed its attention to
those provisions of the Treaty of Rome which relate to rights of establishment
and rights to practise, including the possible harmonisation of qualifications
and the removal of impediments to the freedom to offer professional
services.
1.3 Dr Arthur Allan (University College
London) was commissioned by the CLGE to undertake a study of the surveying
functions performed by the profession in each member country and of the
arrangements that exist for professional education and training. His first
report was published in 1980. Consequent on developments concerning the mutual
recognition of diplomas, an up-dated and enlarged report was deemed essential
and was published in 1989. Because of further developments, and in particular
the growth of what is now the European Union (EU), a third edition was published
in 1995.
1.4 The Allan report shows that the education
and professional training of the surveyor are quite different in each country.
The profession is so complex that a simple definition covering all its branches
is virtually impossible. Many activities classed as surveying in some countries
are parts of different professions in others. This situation makes valid
comparisons across international frontiers difficult.
1.5 Of the 15 countries which currently
comprise the EU, 13 have regulations in some respect and eight of these relate
to cadastral surveying. It is therefore considered reasonable to require some
form of national licensing.
1.6 The establishment of a common market was envisaged at the foundation of
the EEC. Its realisation was initially delayed because of lack of confidence in
the project; but was spurred on by the recession of the 1970s and 1980s and the
competition that emerged from outside Europe. In December 1979, 23 European
countries signed a convention on the recognition of higher education diplomas.
The contracting countries declared their firm resolve to co-operate closely
within the framework of their structures to accord mutual recognition to each
other’s studies, certificates, diplomas and degrees. In 1993 the internal
market was finally established, providing free movement of persons, goods,
capital and services amongst 375 million people.
2. The Current Status of the Geodetic
Surveying Profession
2.1 A geodetic surveyor is a professional
person with academic qualifications and technical expertise whose
responsibilities are to practise the science of measurement; to assemble and
assess land- and geographic-related information; to use that information for the
purpose of planning and implementing the efficient administration of land; and
to instigate the advancement and development of such practices.
2.2 The initial provision of accurate and
dependable surveys is an essential preliminary to virtually all economic
development. This applies as much to the purchase or construction of domestic or
commercial property as to the development of whole townships. A graduate
geodetic surveying qualification or its equivalent is a pre-requisite to
obtaining a licence or other right to practise.
2.3 The application of the Treaty of Rome to
the geodetic surveying profession is a complex matter. The profession has
developed along different lines in each country and the scope of its activities
therefore varies widely, as do legal systems applied to the surveying and
valuing of property. Educational patterns also vary, partly because areas of
study differ according to the scope of the profession and partly because in some
countries professional qualifications are conferred by the state while in others
this function is entrusted to the profession. Yet another problem is that in
some countries the liberal professions perform cadastral and landed property
surveys; in others the work is not reserved exclusively to the private sector;
and in some countries there is no cadastral system at all.
2.4 The European Secretariat for the Liberal Professions (SEPLIS) cites the
OECD’s definition of "a liberal profession [which] is characterised
essentially by moral and financial independence, a high level of education and
practical training, and a code of conduct". SEPLIS concludes that the
liberal professions should be a strictly regulated sector in which the public
good and the client’s interests must be guaranteed; and that companies require
as much protection as individuals regarding the quality of service offered by
the liberal professions. In fact, the Treaty of Rome states that professional
functions which are nationally regulated may not be performed by persons who are
not authorised or licensed to undertake such functions.
3. The Comité de Liaison des Géomètres
Européens
3.1 The aims of the CLGE are (i) to represent
the geodetic surveying community to the European Commission; (ii) to represent
the liberal profession of the geodetic surveying community in SEPLIS; (iii) to
advise the Commission on proposals for directives concerning the profession;
(iv) to assist in the facilitation of free movement of geodetic surveyors
throughout the EU; and (v) to co-operate with allied international and regional
professional bodies.
3.2 The CLGE contributed to the preparation of Directive 89/49/EEC - known as
the first directive - which applies to any profession regulated in some way and
whose qualification requires at least three years’ education at university or
equivalent level. Professionals whose qualifications fall within the scope of
this directive have the right to have their qualifications recognised in another
EU country. Where the education and training of migrants differ substantially
from those required by the host country, migrants have the choice between either
an aptitude test or a period of supervised practice not exceeding three years.
3.3 With Directive 92/51/EEC - known as the
second directive - the Commission determined that recognition would be based on
the principle of mutual trust but that bridges would need to be established
between the second and the first directive to cover qualifications which fall
under the latter system in some countries (academic studies of at least three
years) and under the former in others (studies of less than three
years).
3.4 The CLGE originally drafted a special
sectoral directive for geodetic surveyors. However, as the sectoral directive
for architects took 18 years to negotiate, the CLGE abandoned its own draft and
instead adapted for geodetic surveyors the general recognition expressed in both
the first and second directives. This required it to carry out an overall
investigation into the profession (the Allan report) and to prepare a profile of
the European geodetic surveyor (the Profile report).
4. How to Proceed
4.1 The Allan report, the Profile report and
an envisaged report on quality assurance will provide the bases from which to
ensure best practice in geodetic surveying which is fundamental to economic
development. The general public, from individual clients to corporations and
governments, place clearly defined requirements on their professional geodetic
surveyors: for example, they would expect that (i) the title "European geodetic
surveyor" applied only to a person who was qualified and experienced to academic
and professional standards approved and accepted by the European Commission and
(ii) truly competitive tenders could be obtained for effectively identical
services from anyone who was formally designated a "European geodetic
surveyor".
4.2 National professional groups form the
nucleus of the pan-European groups that, on the basis of national decisions, can
determine mutually acceptable standards. This is one of the functions that could
be undertaken by the CLGE. However, in view of the differences, including legal
differences, in geodetic surveying in the EU countries, it would not be
practical to aim for one standard academic professional programme. The first
priority for the CLGE is therefore to define and accept criteria and a set of
procedures for the individual certification of geodetic surveyors in the EU
countries. Several members of the CLGE already have codes of conduct and other
rules for their members which will be useful in setting up the norms.
5. A System of Mutual
Recognition
5.1 The CLGE should encourage a European system of individual certification
for all geodetic surveyors’ professional activities that are not regulated by
national laws. In designing a system of mutual recognition of qualifications it
would do well to examine the system already well established for European
engineers.
5.2 The first step in developing the
confidence of the general public must be to obtain approval of the requirements
of a professional geodetic surveyor from the European Commission. Once mutually
acceptable standards have been agreed and accepted, it will be necessary to
create and administer a formal personal evidence of acceptability (PEA), a
European register of membership and an appeals and review structure. The name of
the body created to perform these functions might be the Federation of European
Geodetic Surveyors (FEGS).
5.3 The PEA would be primarily intended to certify that an individual’s
qualification conformed to the standards required in the host state.
Consequently it would apply more to the migrant than to the itinerant surveyor.
Because the qualification would have to be of a generally acceptable standard,
it should not relate to specialisms such as cadastral or other licensed
requirements which demand a comprehensive knowledge of state law, together with
total fluency in the language of the country, in addition to the professional
surveying qualification. It is equally important for each country to safeguard
its position with regard to land tenure, land law, remembrement and other
aspects of the geodetic surveying profession. Therefore the PEA would not
certify qualifications per se; although it might well be argued that higher
quality is more likely to be obtained from geodetic surveyors if that were the
case.
5.4 Cross-border practice could be assisted
considerably where geodetic surveyors were members of an FEGS; although they
would still be subject ultimately to state laws and regulations. Membership of
an FEGS should not detract from national institutional membership and
advantages, as it would not normally be obtainable without such
membership.
6. Running into Obstacles
6.1 The simultaneous existence of 15 different
educational systems in EU member countries creates barriers against free
movement. Different educational systems produce different professional
quality.
6.2 Recognition of diplomas is carried out
partly by the universities and partly by the competent authorities of the member
countries. Except for the professions (architects and six others in the fields
of law and medicine) that have their own sectoral directives, free movement and
recognition of diplomas depend on the existence of national reports and
descriptions of educational systems and professional bodies in the member
countries.
6.3 Professional recognition is valued by the
host country. If the qualification of a migrant does not correspond to that of
the host country, the migrant has to acquire, partly or wholly, the missing
education or qualification. The qualification of the migrant may be unknown in a
host country where professional education is not regulated.
6.4 Due to Articles 55, 56 and 66 of the
Treaty of Rome, freedom of movement and establishment do not apply to activities
connected with the exercise of official authority. These are mostly activities
connected with nationality, so they cannot be executed by foreigners. In some
member countries cadastral surveying, even when executed by private
practitioners, falls within this category.
7. Overcoming the Obstacles
7.1 In order to remove hindrances to freedom of movement and establishment de
jure, sectoral directives for certain professions and general directives on
diplomas for the other professions have been enacted. In order to overcome
hindrances de facto, information on national systems of education and practice
has to be distributed. This means, as a result of cross-border negotiations,
producing reports such as the CLGE’s Allan and Profile reports.
7.2 The more individual countries can obtain acceptance of each other’s
criteria, the closer they move to defining a common standard and the more rapid
the process becomes. But a passport is also required, to provide proof of
identity, to record personal inter-state movement and to request that the bearer
be allowed to proceed with his professional business without let or hindrance.
The PEA would obviate the need to produce diplomas of graduation. It is
therefore essential that there should be a central registry to record and revise
all the variable as well as the permanent conditions of the PEA. The registry
would also arrange for the prevention of misuse of the PEA by accident or fraud.
7.3 It is intended that, by the year 2000,
matters such as restrictions on foreign investment and ownership, residency
requirements for local partners and directors, national licensing and
qualification standards will all be harmonised and current national restrictions
eased.
8. Outlook and Conclusions
8.1 Let’s take a look over the border of the European internal market. A
new Commission white paper aims to help central and eastern European countries
adapt their legislation to that of the internal market so that their economies
can be integrated with those of the EU. Under the GATS Agreement of 1994
countries who are members of the World Trade Organisation are to bring the same
kind of discipline to the provision of services as GATT has brought to the
manufacturing industry. By the year 2000 world trade in professional services is
due to be liberalised.
8.2 Inter- and intra-state co-operation and
competition within prescribed criteria can promote higher professional standards
and better marketing conditions. Within Europe the need for fully qualified
geodetic surveyors will become more widely appreciated and their services will
be used not only by the public and other professionals generally in Europe but
also worldwide.
8.3 Freedom of establishment, the rights of
the professional migrant and good cross-border practice will be determined only
by negotiation. Enforcement can be achieved only once mutual overall acceptance
has been publicly agreed.
8.4 There is no real alternative, in a sane
and healthy society, to the regulation of professions, subject to their being
clearly defined.
8.5 The education and training of a specialist
group such as geodetic surveyors cannot be isolated from the vocational route it
seeks to follow, nor from the activities of the allied professions with which it
has to deal. Geodetic surveying is intertwined with civil engineering,
architecture, property ownership and land administration.
by María Cristina
Boldorini
1. MERCOSUR - the Present
Situation
1.1 On 26 March 1991 the Presidents of the
Federal Republic of Brazil, the Republic of Paraguay, the Oriental Republic of
Uruguay and the Republic of Argentina signed the Treaty of Asunción which
established the Mercado Comun del Sur - MERCOSUR. After only four years of its
existence, and having completed the schedules of work for the transition period,
MERCOSUR has achieved the status of a free trade area and customs union,
following the December 1994 Ouro Preto Agreements. This represents outstanding
progress in terms of integration, with MERCOSUR being the first customs union in
the Americas. Since the Ouro Preto Protocol came into force on 15 December 1995
MERCOSUR has had a new institutional framework and international legal status
and is in a position to negotiate agreements with third countries or blocks of
countries.
1.2 In its initial stages MERCOSUR had to
function against an extremely complex international background. Despite the
crisis facing the developing countries caused by the withdrawal of international
credit and the collapse of the Mexican economy, the coherence and realism of the
Agreements signed by the four participating countries was such that they became
crucial factors in countering the potentially negative effects of the
crisis.
1.3 Within the framework of its strategy to
open up to trade, MERCOSUR has adopted an active foreign policy by negotiating
with other countries or groups of countries. Considerable work has been done
within the Latin American Association for Integration (ALADI). An economic
association agreement has been signed with Bolivia. During the sixth MERCOSUR
Council held in August 1994 in Buenos Aires, the Presidents of the participating
countries and the President of the Republic of Chile signed a declaration
formally initiating negotiations for the conclusion of an economic association
agreement providing for the establishment of a free trade area so as to create
an enlarged economic zone in the southern cone of South America. A framework
agreement covering both trade and non-trade aspects was agreed in the light of
this declaration. Progress has also been made in negotiations with other ALADI
member countries, with which free trade agreements are expected to be
signed.
1.4 In parallel to this, and in a wider
American context, the foundations were laid at the Miami summit of the Americas
in December 1994 for establishing a continental free trade area from 2005. The
meeting of trade ministers in Denver in June 1995 led to the formation of seven
working groups which have begun preparations on a range of trade areas. The
second ministerial meeting in Cartagena in May 1996 set up four new technical
groups (government purchases, services, intellectual property rights and
competition policies) and established new guidelines for the work of the
existing groups.
1.5 In Madrid on 15 December 1995 the
inter-regional framework co-operation Agreement between MERCOSUR and its
participating countries and the European Union and its member countries was
signed. Letters of reciprocation have been exchanged, providing for the
provisional application of the Agreement until it comes into force, particularly
in areas relating to trade and institutional frameworks. The Agreement was due
to be formally initiated during the Argentinean Presidency of MERCOSUR, at the
first meeting of the MERCOSUR - EU joint committee in Brussels on 11 and 12 June
1996.
1.6 As regards the future of the integration
process, at the December 1995 meeting of MERCOSUR’s Common Market Council in
Punta del Este the participating countries agreed to intensify their efforts to
build the common market so as to achieve concrete progress by the year 2000. The
MERCOSUR 2000 action programme was approved, defining the priority objectives
and lines of action to be adopted by MERCOSUR in the next five years Rather than
representing a policy commitment or establishing deadlines for fulfilment, this
programme reflects the political will of the countries to strengthen
integration.
2. Services in MERCOSUR
2.1 Services were covered by the provisions of
the Treaty of Asunción, the instrument which established MERCOSUR. Article 1 of
the Treaty instrument specifically refers to the fact that the common market
involves the free movement of goods, services and factors of production. The
free movement of services is thus a policy commitment of the Treaty and was
therefore included in the Las Leñas Schedule, approved by the Common Market
Council in June 1992. Working sub-group Nº 10 established an ad hoc services
committee which began work in December 1992 and carried on throughout the
transition period.
2.2 The four governments made their initial
offer of services in the General Agreement on Trade in Services (GATS) at
individual levels, before they had begun to co-ordinate their positions within
MERCOSUR. There are accordingly differences in the magnitude and scope of the
individual offers. The work of the ad hoc services committee has enabled a start
to be made on exchanging opinions and information and, in particularly,
extending knowledge of the different regulations in force in the services sector
within the MERCOSUR countries.
2.3 MERCOSUR's initial commitment was to the
establishment of a customs union whose most important trade policy instruments
are the common external tariff and the minimum requirements necessary for its
uniform application in the participating countries. The transition period was
therefore mainly taken up with defining these instruments, which meant that
services were not dealt with in the same depth. For the Republic of Argentina,
however, services are a priority on the negotiating agenda; and this concern has
been made known to the other members on various occasions. It was Argentina
which promoted the formation of the new ad hoc services group during the customs
union stage, an initiative embodied in Common Market Group (CMG) Resolution
20/95 of August 1995 which defined the structure of the executive body of
MERCOSUR.
2.4 Within the MERCOSUR 2000 action programme
services play a major role, since they inevitably represent the second freedom
that must be granted for unrestricted movement within the region. The CMG also
approved the agenda of the new ad hoc services group which made it responsible
for preparing a draft framework agreement for trading in services in MERCOSUR,
which must be consistent with the rules of the General Agreement on Trade in
Services of the CMG. This legal instrument should be finalised in September
1996.
2.5 In carrying out its mandate the ad hoc
group has so far held two meetings and specific progress has been made in the
negotiations. Preparation of the future Protocol has begun, incorporating
various aspects, particularly the principal of intra-zone most favoured nation
treatment and fulfilment of a liberalisation programme compatible with Article V
of the GATS within a period of ten years. In this liberalisation programme work
will be based on positive lists, starting with a list of initial commitments
that will include significant coverage of service sectors. These initial
commitments will have their own liberalisation programmes which must begin on
the date the Protocol comes into force. In order to achieve the free trade area
the participating countries will also hold annual negotiating rounds in which
new service sectors will gradually be incorporated into the liberalisation
programme. The third meeting of the ad hoc group will make a start on the
sectors likely to be included in the list of initial commitments.
2.6 None of the four participating countries
has, as part of its initial offer within the framework of the GATS, consolidated
any commitments relative to surveying services ("Professional services -
others", according to the list of sectoral classification of services drawn up
by the Secretary of the CMG).
by Eduardo
Marquez
1. Introduction
1.1 As the signatory governments of MERCOSUR
have subscribed to an integrationist policy whose development and consolidation
depend on the activities of the different sectors of their communities,
professionals in the technological area have, from the outset of the drafting of
national agreements, been specifying activities - and we are pioneers in this
area - for identifying and solving problems relevant to the free movement of
labour and services.
1..2 The professional colleges and councils of
Brazil and Argentina held their first meeting in February 1989 in Porto Alegre,
Brazil, when they signed a document expressing (i) support for the process of
integration; (ii) a commitment to a joint analysis of the MERCOSUR Protocols;
(iii) the need to be the spokesmen for their profession and to participate in
the work of the border committees; and (iv) an intention to promote periodic
meetings to reconcile professional legislation and harmonise technical
standards.
1.3 At a regional meeting held in March 1989
in Paso de los Libres, Argentina, specific questions relating to professional
practice in engineering, architecture and surveying were discussed. An
organisational meeting held in April 1989 in Buenos Aires established a
committee responsible for centralising all work in the area of integration and
particularly to act as an intermediary between the professional colleges and
councils and the government authorities. Three working committees were also
established to analyse the professional registers and to provide a permanent
communication system.
1.4 The third bi-national meeting took place
in August 1989 in São Paulo, Brazil. An agreement for the development of
professional technical activity defined the basic conditions for professional
practice in the Common Market. A committee was formed to manage and supervise
activities pursuant to the agreement. Subsequently both Brazil and Argentina
experienced economic crises and elections which temporarily suspended the
development of relations and the bi-national meetings. But a useful movement
towards institutional reinforcement was begun with the establishment in October
1989 of the Co-ordinating Committee of Professional Councils and Colleges of
Engineering, Architecture and Surveying of the North-East/Coastal Region (Arg.)
(COPIAR). Its basic objectives included the co-ordination of activity to ensure
the participation of professionals and their respective organisations in the
process of integration with neighbouring countries.
1.5 In April 1991, with MERCOSUR in place,
work was resumed with vigour. The professional institutions of Brazil, Uruguay
and Argentina participated in a meeting in April 1991 in Porto Alegre. It
suggested the creation of a sub-group within the framework of the Common Market
Group to co-ordinate registration systems. It also agreed to a comparative
review of professional legislation and to encourage the universities to study
equivalence. Issues relating to a provisional register of professionals to
facilitate the exchange of services were dealt with on a local member
basis.
1.6 With the common objective of sharing the
same duties and rights within a system of free movement of goods and services,
and bearing in mind the complexity of and differences between the professional
organisations of each country, the meeting in August 1991 in Córdoba, Argentina,
created co-ordination mechanisms to guide the process of harmonising the
relevant regulations of MERCOSUR. The meeting in November 1991 in Montevideo,
Uruguay established the highest institutional body achieved so far - the
Commission of Integration of Surveying, Agronomy, Architecture and Engineering
for MERCOSUR (CIAAAIM - subsequently changed to CIAM).
2. CIAM
2.1 The Montevideo Agreement established an
executive committee of four members, one for each country adhering to the Treaty
of Asunción. Its mission was (a) to organise the plenary meetings; (b) to set
agenda; (c) to publicise details of meetings; (d) to contact organisations
responsible for defining technological, management, environmental, control and
materials classification standards, etc; (e) to liaise with universities in
developing academic reciprocity agreements to facilitate qualification
mechanisms for free professional practice; (f) to organise a four-monthly
publication to be circulated in the four countries; and (g) to compile
information for a manual of university qualifications.
2.2 Its role was defined as transitional,
until such time as better agreements were defined. Proposals for each area
included:
Equivalence: to propose an agreement to the
corresponding authorities whereby a host country could accept the scope of the
qualification awarded by the country of origin providing this did not exceed the
responsibility granted by the host country.
Registration: professionals should (i) respect
the regulations that govern activity in the host country and (ii) keep their
qualifications up-to-date so as to conform to ethical and disciplinary
regulations in their country of origin.
Control of registration: in countries where
there are no colleges or councils measures would be introduced for exercising
ethical and disciplinary control.
Situation of companies: companies that operate
within the framework of MERCOSUR should respect the registration procedures of
each country (and it was proposed to unify them).
2.3 Professional institutions which signed the
Montevideo Agreement would submit measures for achieving its objectives to the
corresponding authorities in their respective countries.
2.4 The following points were suggested for
inclusion on the agenda of forthcoming meetings: (a) an analysis of universities
with respect to differences in qualifications and curricula; (b) a study of
differences in the regulation of professional practice and the drafting of
proposals governing provisional professional practice; and (c) determining
strategic objectives for CIAM.
3. Current Situation and Future
Prospects
3.1 The establishment of COPIAR as a regional
border institution and CIAM as an instrument for co-ordinating professional
activity at the level of the four MERCOSUR signatory countries is enabling joint
decisions to be reached on the basis of study and analysis of different social,
economic, legal, cultural and technological situations. Some aspects of
professional legislation and institutional organisation within the MERCOSUR
countries should be considered in this light.
3.2 Brazil: the sector is highly
organised in 24 Regional (State) councils (CREAs) and a Federal council
(CONFEA), created by Federal law and with considerable social integration. The
CREA/CONFEA system determines the categories of professional activities and
establishes a schedule of fees which, although not binding, has been adopted by
75% of those registered. The working regulations specifically establish a
technical responsibility note (ART). A register of companies is maintained
declaring the technical capacity of their professional staff.
3.3 Uruguay: liberal activities are not
subject to state control and the professional organisations are organised on a
voluntary basis. The situation is similar in Paraguay, where there is no
state control and qualifications are registered in local offices where
professional work is carried out. There are voluntary professional
organisations; but these receive little support.
3.4 In Argentina registration is
undertaken by autonomous councils and colleges and there are significant
differences in social integration and in legal and procedural frameworks.
National professional organisations are determined by agreements between the
legally established provincial bodies.
3.5 These asymmetries can be overcome, as is
being shown by COPIAR and CIAM through their resolutions and their influence,
encouraging and co-ordinating the practical adaptation of the various structures
and fostering policies based on an awareness of the existence of MERCOSUR.
3.6 The task now is to specify and consolidate
the involvement of professionals and their institutions in the rewarding and
complex task of integration in a region which covers an area of 11,800,000 sq
kms and has a population of 190 million people - equivalent to France, Germany
and Italy together - with a GDP of around US$400,000 million and a substantial
import and export trade. The way forward must inevitably involve complete
harmonisation and the acceptance of professional responsibilities vis-a-vis the
political decisions of the MERCOSUR countries as expressed in the Treaty of
Asunción: (a) the free movement of goods, services and factors of production and
the abolishment of customs duties and other restrictions; (b) the establishment
of a common external tariff and the adoption of a common trade policy; (c) the
co-ordination of macro-economic and sectoral policies; and (d) the commitment to
harmonise legislation in the relevant areas. For the professional sector this
means freedom to exercise professional activity and non-discrimination on
grounds of nationality.
3.7 The necessary legal/institutional
involvement must be brought about through professional incorporation into a
working sub-group or through the creation of a specific sub-group or groups
within the Common Market Group (CMG), established by the Treaty of Asunción and
fully ratified in the Ouro Preto Protocol. This is recognised in CIAM in
Resolution Nº 1 which states: "Henceforth to establish recognition of CIAM
meetings as specialised meetings for harmonising the conditions of professional
practice within the framework of item 7 of the Minutes of the 4th meeting of the
Common Market Group...".
3.8 If, in the process of integration and the
resulting liberalisation of professional services, we adopt a stance based on
negative aspects of classical corporate structures or on false barriers to
registration as a palliative for depressed domestic markets - or, even worse, on
the disastrous consequences of an anarchic system of deregulation and the
conduct of civil servants who, through ignorance or omission, hinder the
creative participation of professionals, we will be giving way to difficulties
which stand in the way of the as yet untrodden paths of joint and sustained
development. However, if we recognise that integration is an integral part of
economic, social and political development we will, with our intellectual
armoury, be well equipped to meet the challenge of achieving competitive and
distributive economies which depend on technological progress.
Responsibilities
and Qualification of the Surveyor in Argentina
by Carlos
Gillone
1. The Professional Responsibilities of the
Qualified Surveyor
1.1 These are defined in Ministry of Education
Resolution Nº 432 of 28 March 1987 and cover the determination of land and
property including political and administrative jurisdictions; the execution of
divisions and sub-divisions; cadastral surveys; land titling; planimetric,
topographic, cartographic, hydrographic, photogrammetric and geodetic surveys,
including interpretations of aerial and satellite images and the preparation of
plans, maps and charts; land use classification and land use planning; property
assessments and valuations; and arbitrations.
2. Professional Education
2.1 Syllabuses in 14 state and private
universities offering degrees in surveying have been adapted to the above
responsibilities. The following list of subjects (credits) taught in the Faculty
of Engineering at Buenos Aires University gives a general idea of the
syllabuses.
Obligatory subjects: mathematics applied to
surveying; descriptive geometry; topographic drawing; compensation calculation;
topography I - III; geodetics I - II; photogrammetry I - II; cartography;
cadastres and valuations; surveying and professional practice; rural
information; cadastral surveying I - II; and introduction to geographical
information systems.
Optional subjects: transport; town and country
planning; planned geometry; physical geometry and geology; electronic
measurement; geodetics III; photo-interpretation; micro-geodetics; hydrographic
surveys; underground surveys; hydraulics, agriculture and sanitation; cadastres;
assessments and valuations; economics; cadastral surveying III; numerical
analysis; introduction to environmental engineering; and language.
Syllabuses in other faculties differ in regard
to specialised subjects and the length of the course. They lead to different
qualifications; but all relate to the same responsibilities: geographical
engineer, engineering surveyor and surveyor.
3. Validation of Foreign
Qualifications
3.1 One approach would be to consider which
subjects have to be studied to be able to practise each area of responsibilities
and then to establish a table of corresponding credits. A more thorough approach
would involve studying the syllabus for each subject to see which aspects
matched which areas of practice. This would make it possible to get away from an
overall comparison by qualification. There are significant differences between
Brazilian, Uruguayan, Chilean, etc. surveyors so, in this way, a migrant could,
according to his credits, practise particular activities in the host country.
However, this system would only be valid as long as syllabuses remain unchanged
- in which case the table of corresponding credits would have to be
adjusted.
3.2 Authorisation or registration to practise
the profession is granted in various ways. Legally established provincial
surveying councils grant registration and oversee ethical conduct. They do not
assess knowledge. Registration entitles the surveyor to practise in all areas of
responsibility and is automatically renewed on payment of a quarterly or
half-yearly fee. Legally established multidisciplinary collegial associations of
engineers, architects and surveyors are also responsible for registration.
Professional surveying councils, also established by law, are responsible for
professional rather than legal aspects of practice. They form part of the
Permanent Consultative Committee on the Practice of Surveying (COPEA).
3.3 This is satisfactory for the present; but
for the future minimum and maximum syllabuses must be agreed, considering the
MERCOSUR countries as a geographic whole. Inevitably there will be differences
in the legal subjects: for example, Argentina attaches great importance to its
definition of measurement. Other matters to be addressed will include
immigration, residence, registration, provisional contributions and professional
ethics.
3.4 Resolution Nº 6 adopted by the Commission
for the Integration of Surveying, Agronomy, Architecture and Engineering for
MERCOSUR (CIAM) proposed that commissions made up of specialised professionals
should define equivalence between qualifications for the different professions
represented within CIAM and submit their findings, via CIAM’s executive
committee, to the corresponding government bodies.
3.5 Resolution Nº 9 established five groups,
including one for surveyors, to analyse problems of professional practice. The
number of groups was expanded to 12 by Resolution Nº 18. Resolution Nº 19 made
provision for the creation of sub-groups, thereby facilitating the participation
of specialists from other technological areas.
3.6 Resolution Nº 12 aimed to progress studies
leading to the harmonisation of professional practice, by promoting the
regulation of university professions in the scientific and technical area;
recommending the adoption of national legislation which delegated to the
professional organisations the management and control of professional
registration and the monitoring of compliance with standards of ethics; and in
so doing recognising the importance of fostering respect for ethical duties and
co-ordinating the interests of professionals, their clients and the communities
they serve.
3.7 To date no reciprocity in exercising the
practice of the surveying profession has been established between the MERCOSUR
countries. It is therefore essential to accelerate what has been proposed in
resolutions regarding the working commissions of equivalent
professions.
by Miguel
Prieto
1. Professional Legislation
1.1 Specific reference to surveyors in legal
documents in Brazil date back to 1880. Regulation and control of the surveying
profession are now subject to legislation (Federal Law 5,194 of 1966) and are
vested in the Federal council of engineering, architecture and agronomy and the
regional councils (one per state) of engineering, architecture and agronomy,
referred to as the CONFEA/CREA system.
1.2 The regional councils comprise
representatives appointed by the teaching and professional institutions on
honorary three year mandates. Specific matters in the various subject areas are
dealt with by special councils of representatives from the same subject area.
The special councils are responsible for keeping the powers granted to them
under review; overseeing the professions; applying codes of ethics; examining
breaches of legislation: maintaining registers of companies and the technical
responsibility notes; and registering lists of professional fees. There are
special councils for surveying on the regional councils of the states of São
Paulo, Minas Gerais, Matto Grosso do Sul, Piauí and Bahia.
2. The Teaching of
Surveying
2.1 The surveying course in Brazil, applicants
for which must have completed the 1st and 2nd levels of schooling (11 years),
was established in 1957. Up to that date surveying was only taught at
intermediate level. Since then schools have been set up in Araraquara and
Pirassununga in São Paulo, Viçosa and Belo Horizonte in Minas Gerais, Salvador
in Bahia, Campo Grande in Matto Grosso do Sul, Teresina in Piauí and Criciúma in
Santa Catarina. The schools in Teresina and Viçosa are part of the Federal
universities; the others are private.
2.2 At present the minimum curriculum involves
3,600 contact hours, plus an obligatory supervised training period of five
years, arranged as follows:
1,125 contact hours of basic subjects
including mathematics, physics, chemistry, mechanics, data processing, drawing,
electricity, materials resistance and elements of transport.
240 contact hours of general subjects
including humanities and social sciences, economics, administration and
environmental sciences.
390 contact hours of general professional
subjects including hydrometry and bathymetry, soil mechanics, hydrology,
hydraulics, construction materials, sanitation, transport and irrigation and
drainage.
1,140 contact hours of specific professional
subjects including topography, special topography, geodetics, astronomy,
photogrammetry and photo-identification, cartography, assessments and reports,
land division, cadastral surveys and roads.
705 contact hours of supplementary subjects
including town planning and city layout, adjustment of observations, topographic
drawing, cadastral surveying, scientific methodology, legislation and
professional ethics, remote sensing and photo-interpretation, geology and
geomorphology and an interdisciplinary graduation project.
2.3 By means of these well-structured courses
that form part of the full engineering courses surveyors are equipped to plan,
supervise and execute aerial photogrammetry, bathymetry, geodetic surveys,
topography, parcelisation of urban and rural land, cadastres, property
valuation, road surveys, water capture and supply surveys, drainage and
irrigation surveys, cadastral surveys and surveys for sanitation systems; and to
prepare reports and assessments. They work in the private and the public sectors
and in specialist companies.
3. The Labour Market
3.1 Recent changes in Brazil's economy have
brought greater political and economic stability, with a considerable fall in
inflation. At the same time the way in which the public sector operates has
changed. The Estado Tocador de Obras has been superseded by an executive
authority which began by granting concessions for the generation, exploration
and maintenance of road, rail, hydroelectric and other large infrastructure
work. Now it is also in a position to plan such work, as the rules are becoming
clear and established. The private sector is more advanced. Major companies are
coming into the country and those already established have increased their
investment and expanded their resources, stimulating the economy and generating
more opportunities for work in all sectors.
3.2 MERCOSUR will require its member countries
and their allies to participate in the achievement of its objectives. The
execution of infrastructure work over a large area of South America is one of
the crucial factors for the success of this enormous plan. The integration of
the provision of services by professionals in the MERCOSUR countries is being
dealt with by the Commission of Integration of Surveying, Agronomy, Architecture
and Engineering for MERCOSUR (CIAM).
3.3 A country as huge as Brazil, with a land
area of over 8,000,000 sq kms, requires information on the resources it
contains, where they are located and how they should be exploited so that future
generations have a healthy country in all respects. It also requires appropriate
mechanisms for planning its space and visualising and quantifying the best means
to control harmonious development in its huge and different regions. Surveying
is essential for identifying and solving some of the country's basic problems
involving the public authorities and including (i) socio-economic planning, with
systematic mapping of the territory; (ii) delimiting borders; (iii) delimiting
indigenous reservations; (iv) planning and establishing settlements and agrarian
reform systems; (v) sanitation and irrigation plans and works; (vi)
hydro-electric projects and works, telecommunications and town planning; (vii)
river, sea, rail, road and air transport route plans and works; and (viii) plans
with an impact on the environment, land occupation and the protection of water
sources.
3.4 New projects open up huge fields of work.
Major works of infrastructure, however, are not the only area in which the
surveyor can act. Throughout the country there are countless land divisions and
other property developments which can be carried out not only by companies but
also by liberal professionals. Industry requires specialised topography for
precision settings and as-built surveys. The adaptation of title deeds to
standards enabling them to be used as effective guarantees for loans in the
financial market is another potential area of work. At present they do not come
up to these standards since the overwhelming majority do not relate to the
Brazilian geodetic system but consist of an infinite number of deeds with
descriptions made on the basis of isolated polygons and arbitrary systems. These
are the best cases: some are not even covered by geometric description by
azimuths and distances in systems of arbitrary co-ordinates. One of the steps
which must be taken to resolve this problem is the establishment of a sworn
surveyor for each district.
3.5 Geoprocessing is a significant field of
work for surveyors, bearing in mind that each municipality of over 100,000
inhabitants is a potential client and that smaller municipalities can merge to
form regional geoprocessing companies. This is an area which is not only
expanding but which will, when consolidated, represent an inexhaustible source
of survey work in sectors such as transport, power distribution, water and
sewerage distribution, and paper and cellulose manufacture.
3.6 Surveyors work in private companies which
specialise in consultancy and engineering projects and in companies involved in
construction, mining, reforestation, land division and consolidation,
topography, and aerial photogrammetry. Other areas of the private sector
requiring the support of surveyors include mining, planned agriculture
(particularly hemp cultivation and citriculture), civil engineering and
industrial assembly. Surveyors are increasingly to be found in maintenance and
quality control in industry. They act as expert witnesses and assistants in both
the lower and the higher courts.
3.7 There are no accurate statistics on the
labour market for surveyors; but available data suggest that very few are
unemployed, reflecting the healthy labour market for these
professionals.
by Rodolfo P Cácares
González
1. History and Training of
Surveyors
1.1 The war of the Triple Alliance (1870) left
the defeated Paraguay in a disastrous economic situation. In order to survive
and develop, the country had to resort to the sale of state-owned land, its only
asset. Various official committees were sent to Buenos Aires and Europe to
negotiate the sale of land, which had to be identified and marked out before
sales were finalised. Because surveyors were in short supply in Paraguay, the
purchasers brought their own surveyors to do the work. These foreign
professionals, who were ignorant not only of the language but also of the
terrain, needed local assistants - most of whom made the most of their
experience to become empirical surveyors to add to the numbers of foreign
surveyors and Paraguyans trained abroad, particularly in Argentina.
1.2 The national department of engineers, the
embryo Ministry of Public Works, was created by a Law dated 18 August 1888.
Article 3 stated that "the qualification of public surveyor shall be awarded by
the department and all qualifications awarded abroad shall be validated by means
of examinations". Article 8 stipulated that "surveyors who are currently
practising shall apply to the department within six months for their
qualifications to be reviewed. Those who fail to comply with this provision
shall be suspended until they comply with the aforesaid requirements". Article 7
of the Law made provision for drawing up regulations which would define
surveyors’ working methods and responsibilities.
1.3 A Decree dated 12 July 1910 stated that
"Measurement, division and the marking of boundaries of land shall be performed
by civil engineers and qualified surveyors"; though Article 3 excludes the
measurement of land of less than 700 ha outside the capital, which work could be
done by unqualified surveyors.
1.4 The National University of Asunción was
established in 1889. A Decree passed in 1921 created the school of surveying. In
1926 the school was incorporated into the newly-formed faculty of physical
sciences and mathematics, the teaching staff of which was basically made up of
white Russian professors who had fled the Bolshevik revolution and who were made
responsible for training the new professional public surveyors. The first of
these probably graduated around 1927 or 1928, though there are no records of
this.
1.5 University activity was interrupted
between 1932 and 1936 because of the Chaco war against Bolivia. The few
surveyors and survey students of the time played a significant role in the
conflict, as cartographers in a totally unknown region.
1.6 Surveyors started to graduate regularly
from 1938. Unfortunately for the profession, the faculty reorganised its
syllabuses and created a course for topographers in 1955 which abolished the
syllabus for public surveyors. The curriculum and responsibilities defined for
the topographer were virtually identical to those for the public surveyor;
though the intention was probably to create assistants for civil engineers,
preferably for work connected with highways. Topographers were thus the somewhat
less prestigious successors to surveyors: they were authorised to perform
cadastral or private surveys (as were civil engineers) and without doubt the
topography course became a stepping stone towards the civil engineering
profession.
1.7 This syllabus has remained virtually
unaltered ever since so that, in addition to changing the name of the
qualification awarded, it is also essential to up-date the curriculum by
incorporating photogrammetry, land registration, cartography, satellite geodesy
and geographical information systems, and also to intensify the study of the
cadastral component of surveying and valuations.
1.8 The other approach to training
professional surveyors is via the Institute of Geographical Sciences. This
Institute, accountable to the Vice-Chancellor’s office of the National
University, was created in 1979 at the behest of the military geographic
institution, now the department of military geography. The qualifications
awarded are graduate in geographical sciences after four years of study and
engineer in geographical sciences after six years. The subject structure is a
little cumbersome, since it covers the complete field of geographical sciences
which is difficult to apply in liberal professional practice. Graduates of this
Institute are authorised to perform cadastral and private surveys.
1.9 The (private) Catholic University of
Nuestra Señora de la Asunción also ran a degree in topography with a
well-balanced syllabus; but it failed to attract many students and had to be
discontinued. The only technical school in the country is run in the department
of military geography, which awards the degree of bachelor of geography. Various
public institutions run courses for assistant topographers or refresher courses
for topographers from time to time.
2. The Practice of Surveying
2.1 The following professionals are authorised
to perform private, administrative or cadastral surveys: (a) public surveyors
(graduates of the National University, pre-1955 syllabus); (b) topographers
(graduates of the National University and the Catholic University); (c) civil
engineers; (d) graduates in geographical sciences; (e) engineers in geographical
sciences; and (f) graduates of foreign universities with equivalent
qualifications and prior validation. The responsibilities of holders of some of
these qualifications are not clearly defined and it is not possible to monitor
whether they perform work which falls within their area of ability. Since the
professional associations have no supervisory role and since some survey work is
not subject to administrative approval, and also because there is a free
contractual relationship between the client and the professional, there will
always be those who seek more favourable prices and who will be unprotected
against unscrupulous or bogus professionals.
2.2 This does not mean there is no control
over professional practice. The state has always retained this legal authority;
although its administration in this area is not efficient. Professionals have as
yet not managed to have such authority delegated to professional associations or
councils because of Parliament’s reluctance to create them by law.
2.3 Among the legal provisions governing the
activity of surveyors the 1910 Decree is still in force. Essentially it applies
the code of civil procedure to the judgement of measurement, division and
boundary marking. Its provisions also apply to administrative surveys of state
land for purchase by private individuals. Only these cadastral and
administrative surveys are supervised, approved and recorded by a national
authority - the department of surveying and geodesy of the Ministry of Public
Works.
2.4 Special or private surveys are carried out
through agreement between the land owner and the professional. If such work is
performed on plots of land located in urban areas, it is supervised and approved
by the corresponding municipal authority and must comply with the provisions of
municipal framework Law Nº 1294/87 relating to land divisions or development. If
the property is not located in an urban area the professional survey of the part
to be marked off is referred to a public notary who will organise the purchase
and sale by transcribing the surveyor’s report. All surveying work, whether
cadastral, administrative or private, is referred to the national land registry
department to be registered and given a current land registration account
number, through either the legal or municipal authorities or public notaries.
The department is responsible only for keeping records and not for the
registration and technical supervision of professional practice.
2.5 Paraguay is a unitary republic and the
whole national administration is concentrated in the capital, Asunción.
Therefore the State, via the Ministry of Public Works, controls registration.
Law Nº 976/64 regulates the practice of the professions of engineer, architect
and surveyor or topographer and clearly establishes that they may only be
practised by people with authorised titles awarded by domestic universities or
with titles awarded by foreign universities and validated by the National
University. The same Law establishes a professional register under the
supervision of the Ministry. Professionals must be registered annually and a
certificate issued, failing which municipal authorities cannot grant the
municipal registration certificate. The Law also stipulates that people who
practise any of these professions without having a valid registered title or who
lay false claim to the title may be subject to penalties laid down in the penal
code. This is the area in which the Ministry does not exercise its supervisory
capacity to the full. The registration of the surveyor depends only on
verification of the cadastral or administrative surveys for which the Ministry
is compulsorily responsible. Many municipalities, public notaries and land
registration offices are ignorant of the law or are simply unwilling to enforce
it.
2.6 Among its objectives the Association of
Surveyors of Paraguay has given priority to the creation of a professional
college of surveying whose authority would include supervision of registration.
The Association is working within a multi-sectoral area of associations of
university professionals for the approval of a framework law of association,
which was unfortunately turned down by Parliament in November 1995. While not
abandoning the concept of a law of association, the idea of the Ministry of
Public Works delegating its authority to register surveyors, engineers and
architects to their respective professions is being explored with the Ministry
and with the engineers and architects associations. The negotiations are proving
fruitful and the Ministry in particular is interested because it lacks the
resources to carry out what for it is an unrewarding task. At the same time
provincial municipalities, public notaries and land registration offices are
being urged to demand that professionals with whose work they deal should be
registered.
2.7 As the MERCOSUR Treaty prescribes the free
movement of services, it is essential for surveyors in Paraguay to obtain the
authority to administer registration so as to achieve correct supervision of
national professionals and those from the other MERCOSUR countries. The
Association of Surveyors of Paraguay is working towards establishing the
conditions and rules of integration through its membership of the Commission of
Integration of Surveying, Agronomy, Architecture and Engineering for MERCOSR (CIAM).
3. Social Security, Fees and Tax
Laws
3.1 Surveying is an independent liberal
profession which the surveyor generally practises in person or as a consultant,
sometimes with the assistance of temporary or permanent collaborators in
fieldwork, office administration and procedural tasks. In common with other
professionals, surveyors who employ staff are obliged to pay social security
contributions for them; and in this case some surveyors also decide to pay
contributions for themselves to the Institute for Social Security which provides
health and pension cover. Registration and payment of these contributions is a
condition for the submission of tenders. Employers are responsible for paying
the contributions of any surveyors that they employ.
3.2 There is no legislation which establishes
levels of professional fees. The only information available comes from the
profession’s own surveys of fees and costs for various work. The surveyor
negotiates the price, form of payment and scope of work to be carried out with
the client. In some cases a private contract is signed or a commitment is
established by exchanging notes for the commissioning, offer and acceptance of
work. These documents are valid in legal actions.
3.3 Paraguay does not have personal income
tax. Liberal professionals pay value added tax (currently 10% of the invoice
value). It is also a condition for submitting tenders that bidders are
registered with the tax authorities and that their tax payments are
up-to-date.
3.4 If surveyors employ staff they are obliged
to register them with the Department of Labour.
4. Conclusion
4.1 Paraguay emerged at the end of the 1980s
from a long period of authoritarian government. The country’s institutions and
people are still adapting to the new times and the profession of surveying
requires the efforts of all of its members if it is to achieve the reforms
necessary in territorial organisation.
by Nelma Bénia
Llano
1. The Development of Professional
Regulation
1.1 People began to populate the countryside
in Uruguay in the mid-XVIII century, during the rule of the Spanish crown which
issued regulations fostering the settlement of people in the countryside. It was
therefore essential to mark out the land: geographical features were no longer
sufficient reference points. Pilots, qualified to plot courses and to correct
drifting brought about by winds and currents (based on measuring their position
from the stars), were responsible for the measuring and demarcations. They were
active from the mid-XVIII to the mid-XIX century and called themselves surveyors
or pilot surveyors - though some merely called themselves pilots.
1.2 In 1820 Uruguay was invaded by the
Portuguese. The regulations of the time made the surveyor subordinate to the
Juez de Mensura (the judge of measurement), who had to check the
instruments used by the surveyor and the data obtained in fieldwork.
1.3 Between 1825 and 1828 Uruguay formed part
of the United Provinces of Rio de la Plata, when professional practice was
regulated by the Argentinean Law of Emphyteusis. This stipulated that, to
practise surveying, it was necessary to pass an examination and to be
registered. The surveyor was furthermore considered to be akin to a physician
and a Juez de Mensura, whose work could only be verified by his peers.
Despite the fact that the Eastern Province (now Uruguay) became independent in
1828, the same regulations continued to govern professional activity as
normal.
1.4 Surveying is the oldest profession in
Uruguay and the first technical profession to have been subjected to controlled
training. Its importance led to its regulation in 1831 when Uruguay began to
organise itself politically as a free nation. The duties of the national
topographic commission, founded in December 1831, included "examining,
registering and supervising authorised surveyors". They were allowed 40 days to
register, when they were allotted a number, thus giving rise to the title
"numbered surveyor". Those applying for the qualification subsequently had to
take an examination in topography, geodetics and descriptive drawing.
1.5 The law of Emphyteusis was ratified in
Uruguay in May 1833 and granted the surveyor the powers of a professional and
Juez de Mensura. It regulated the activity of surveyors until it was
repealed in 1856.
1.6 The department of public works was created
in 1864 and included the topographic commission which was granted legal powers
to register surveyors. In 1878 the department drafted instructions for public
surveyors. With the establishment of the faculty of mathematics within the
University of the Republic in 1885, the University became responsible for
authorisation, as examinations to obtain the qualification of public surveyor
had to be awarded or verified by the University. However, the work of the
surveyor continued to be regulated by government. The creation of the national
department of engineers in 1892 accordingly made it mandatory to submit a copy
of all surveys carried out, the ultimate objective of this rule being to produce
the map of the country.
1.7 In 1908 legislation stipulated that only
acting surveyors (with a title issued or verified by the University of the
Republic) could submit plans for measurement. Following the abolition of the
department of engineers in 1912 and the creation of the department of topography
of the Ministry of Public Works, plans were registered in this department in
Montevideo while outside the capital they were registered in the regional
technical offices.
1.8 In 1940 the government unified the
regulations in force and enacted a Decree for the comparison of plans. This made
the general department of valuations (now the general department of national
cadastral surveys and administration of public buildings) responsible for
registering the signature of all surveyors who practised or wished to practise
in the country and for comparing and registering the measurement plans of
buildings anywhere in the Republic. The Decree also regulates the content and
form of presentation of plans and the number of copies required.
1.9 In 1941 a Decree was issued whereby
municipal approval was required for the division of land situated in urban and
suburban areas, failing which the general department of valuations would not
register the plan. This brought with it the still valid requirement to register
the signature in all municipalities in which it is intended to submit plans for
approval.
1.10 Subsequent laws regulating different
areas of national activity make the surveyor and the surveying engineer
responsible for carrying out particular tasks: for example, the 1982 mining code
exclusively authorises surveying engineers to draw up sketches and plans
necessary for carrying out mining work. However, although much professional
practice is regulated, huge areas are still not covered by the law. There is no
institution in Uruguay which defines professional responsibilities, supervises
registration or lays down a code of ethics and subsequently monitors compliance.
To date, owing to the limited number of professionals in Uruguay (reflecting its
size), no great problems have arisen. However, freedom to provide professional
services in the MERCOSUR region could give rise to difficulties that will have
to be overcome by measures different from those adopted so far.
2. Professional Training
2.1 The University of the Republic was
established by Decree in 1838 and inaugurated in 1849. Within the faculty of
mathematics two-year courses for surveyors and three-year courses for geographic
engineers started in 1888. Subsequently the faculty of mathematics expanded into
separate faculties of engineering and architecture and all titles awarded by the
former include the word "engineer".
2.2 Professional training in the area of
surveying has also varied. The initial two-year course led to the title of
surveyor. Later, as the profession developed both nationally and
internationally, the length and breadth of the course expanded and the title of
the final award also changed. The journey from the first geographic engineers
and surveyors to to-day’s surveying engineers has been both long and
enriching.
2.3 In 1947 the format of the surveying course
was changed and its duration extended to three years to accommodate the field
studies organised on an annual basis by the faculty. A four-year course was
introduced in 1969 and revised in 1974. Finally, in 1992 the current course was
introduced, increasing the period of studies to five years.
2.4 The present course is organised
differently from that traditionally followed by surveyors. It is structured in
four parts: basic studies, specific studies, optional studies, and activities.
An innovative feature of this format is that the basic studies are common to all
courses within the faculty of engineering. Another distinguishing characteristic
is the concept of measuring progress by means of credits. Each time a student
completes a part of the course he receives the appropriate number of credits. A
minimum of 470 credits, which correspond to an average of 47 hours per week per
semester over the five-year period, is required for the award of a professional
title.
2.5 The components of the course, and the
minimum number of credits which each carries, is as follows.
Basic studies (150): mathematics (85), physics
(30), technology and society (20), computer studies (15).
Specific studies (230): theory of observations
(10), topography (60), geodesy (50), cadastral surveying (30), valuation (22),
photogrammetry (18), rural and urban parcelisation (20), GIS and cadastres (10),
complementary techniques (18).
Optional studies (60): topography IV (30),
cadastral surveying III (15), valuation II (15), physical and satellite geodesy
(30).
Activities (22): workshop (10), project
(12).
The minimum total of 470 credits must include
a minimum of 60 credits in optional studies.
2.6 This academic programme leads to the award
of a first degree. The institute of surveying within the faculty of engineering
is studying the structure of a post-graduate course, but this project is still
at an early stage. For several years the institute has organised professional
refresher courses, providing theoretical and practical training in new
techniques and technologies. It is thus providing the on-going education that is
a prerequisite of professional practice in to-day’s global world.
2.7 A second, private, university was
established in the early 1980s but to date it offers no courses relevant to the
education of surveyors: these are provided exclusively within the faculty of
engineering of the University of the Republic.
3. Recognition of Academic and Professional
Qualifications
3.1 The autonomy of the University of the
Republic is recognised by Uruguay’s constitution. Under the terms of Law Nº
12.549 of 15 October 1958 the University is authorised to recognise academic and
professional qualifications which entitle their holders to practise their
profession. When the University is asked to validate or recognise titles awarded
by foreign universities, a ratification commission undertakes a detailed
examination of the content and duration of the relevant course and submits a
report to the faculty council. This council in turn makes its views known to the
central directing council of the University to enable it to reach a
decision.
3.2 The whole of this process is regulated by
a ratification decree whose main provisions are as follows.
The University regulations expressly allow for
the ratification of foreign titles related to the exercise of the liberal
professions in Uruguay.
Ratification may only be concerned with (a)
titles, (b) of foreign origin, (c) giving legal or other appropriate entitlement
to perform an activity, (d) for the exercise of the liberal professions and (e)
distinct professions, though related to those whose qualifications are the
titles awarded by the University of the Republic.
Ratification is concerned with similarities
between liberal professions, not between the content of two or more
courses (from the same or different faculties).
To this end related professions are defined as
those forming part of the same family or group, by virtue of their basic common
training, even if there are differences in aspects of practice.
Furthermore, there must be reasonable
equivalence in the organisation and level of their respective (tertiary)
studies.
Furthermore, it is recommended that the names of ratified
titles be adapted, to obviate confusion and to prevent their being used in
competition with related titles awarded by the appropriate faculty of the
University.
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