Internal Affairs

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Internal Affairs

Date: 23 ZApril 2014. Ref: 108/14/IdP

Internal Affairs First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Decisions and Actions arising from GA1/14 Draft

The list of those present is attached.

1. Opening Session and formalities

1.1 Welcome and Introduction from the ACE President

The President welcomed delegates to the meeting, and thanked helpers and sponsors. He noted the publication of the Member Organisations Information Sheet (MOIS) – a lighter version of the newsletter, which is designed to increase awareness of ACE activities and facilitate preparation for meetings such as this. New delegates were welcomed from France (2), Germany and Norway (2) and international guests were expected in the afternoon from the UIA and the Africa Union of Architects.

1.2. Adoption of the Agenda

The agenda was adopted, though it was decided to take items 2.7 and 2.8 after 2.5, and to combine 8.3 with 8.1.

Decision Action GA1/14 – 1 The agenda was agreed subject to minor modifications.

1.3. Adoption of the Decisions & Actions of GA2/13 meeting, Biel (Switzerland)

The SG reported that some minor modifications that had been received from S Harrington and the recommendation of the Luxembourg delegation, to append the names of delegates present, had been enacted.

GA1/14 – 2 The decisions of GA2/13 were approved subject to minor modifications (for publication on the ACE website). SG

2. Political issues and internal affairs

2.1. President’s report & 2.3 (re-structuring)

The President reported that the first thing he did upon taking office was to ask for up-dates from the work groups. He also noted that in addition to vertical coordination within thematic areas, there was a need for horizontal coordination, for example to link up the work of RQI, PP, SoS and TinS. Meanwhile, other issues such as CPD, R&I, Schools, international and communications potentially cuts across everything we do.

The organisational matrix, with its new names and cross referencing of the work groups, was illustrated.

So, in addition to appointing coordinators for the three key subject areas – Qualification, Practice and Responsible Architecture, Group coordinators had also been appointed to lead on cross-cutting issues,

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thereby providing roles for all, and avoiding the historical situation where there were chiefs and deputies.

The biggest “shake up” had occurred in Area 3, where work would now focus more on emphasising the architect’s role than on technical issues. He felt that there are already enough scientific experts in the market, and it was important to lobby for an increased role for architects (note the subject of the Round Table the following day).

Communications improvements were on-going and the register of approved CPD systems will be published on the new website. Efforts were being made to optimise travel by organising back to back meetings (e.g. work groups around the time of General Coordination), contacts were being revived with the Schools (EAAE) and a number of international meetings were planned or had taken place – ARCASIA, UIA, AUA and CALA. Finally the Board had agreed to support the Renovate Europe campaign (as a non-paying supporter) which would provide for increased visibility.

GA1/14 – 3 The President’s report was noted.

2.2. Annual Report

Delegates noted the 2013 Annual Report and 2014 Outlook.

GA1/14 – 4 The 2013 Annual Report and 2014 Outlook was noted with satisfaction for wider distribution. SG

2.3. Re-Structuring, Strategy

cf. item 2.1 above.

2.4. Business Plan

The 2014 Business Plan was noted as a living document, which would serve as a checklist against which the Executive Board could monitor work group progress at each meeting. C Lerche observed that some inconsistencies in membership numbers required to be rationalised.

GA1/14 – 5 The 2014 Business Plan was noted.

2.5. Manifesto for European Parliament

The SG explained the background to the document which would serve both as a basis for discussion with candidates in the European Parliament as well as a calling card for meetings the new Parliamentarians. Inevitably, it was not easy to find common issues, and it was understood that some Member Organisations may only seek to advance a selection of items or adapt others to national circumstances.

Views were mixed regarding the appropriate tone of voice and language to be used. F Schorl (NL) felt that the text was sharp on goals but weak on targets and recommended that care be taken to use the language of the Commission and demonstrate how ACE can help to achieve their objectives. However, P Colombier (FR) felt that ACE should be more aggressive.

J Ludevid i Anglada felt that the key issues on which to focus are the review of access to the regulated professions, the promotion of architecture in public policies and a Law on architecture. I Moreau regretted that ACE had not mentioned the “privatisation of procurement markets” and PPP, but underlined, along with T Prinz, that it was imperative for Member Organisations to engage with parliamentary candidates either at face to face meetings or by disseminating the Manifesto (and any other national “asks”).

The SG reminded MOs that a pdf version of the Manifesto had been circulated in EN/FR by email, and that further hard copies were available from the Secretariat on request. Page 2 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

GA1/14 – 6 The ACE Manifesto was noted for distribution to candidates in the European Parliament elections. Member Organisations were SG invited to order hard copies from the Secretariat, and urged to make contact with candidates and keep ACE informed. MOs

2.6. Statutes and By-Laws

The President introduced four proposed constitutional changes:

 rotation/election of Board members – to remove the stagger of renewals to promote a more cohesive team for two years and eliminate a two-class system.  Presidential term of office – to extend the cap on service (two x 2-year terms) to include any other role on the Board i.e. the President should step down for at least one term before re-applying.  Coordinators - as there is no cap on Board members’ service, it was proposed that there should be none regarding coordination roles.  Treatment of blank/spoiled votes and abstentions – this unrelated item was added following the call for clarification at the last Assembly (whether abstentions should be removed from quorum.

He underlined that it was important to have an early indication from the General Assembly as to the whether it wished to endorse this approach, so that detailed work could be carried out drafting constitutional changes – and so that we may know how to handle the next round of elections and the November General Assembly.

Discussion T Prinz felt that while the rotation may have been a good idea at the time, it may not work as well as it might – and any case, many of the same people re-apply. The BAK agreed the proposal.

S Harrington felt that the staggered rotation had not seemed disruptive during her time on the Board. She expressed concern that if everyone were to leave, a total renewal would break continuity. The President felt that policy continuity was provided via the Secretary General, though S Harrington underlined that numbers in Secretariat have not been increased and need to be.

A Schwab (BDA), G Pendl (BAIK), R Pellicer (CSCAE), I Moreau (CNOA) and E Meunier (RIBA) were also generally in favour, especially as regards the alignment of appointments and terms of office. An indicative vote took place revealing a large majority in favour of each of the four proposals, with almost no votes against and a few abstentions.

However, P Huotelin felt that in the interests of good governance, the Board should not vote on matters concerning itself and K Nilsson felt that the Assembly should first vote on changes to the Statutes at the November meeting and implement the changes in the coming years. That being the case, it was agreed that it would not be possible to enact any changes in readiness for the next round of elections/nominations, calls for which need to be issued before the summer break, though in calling for new appointees, it should be pointed out that if the changes go through, it would be useful if they would be prepared to serve a three year term to allow for the transition from the staggered renewal system to a block renewal every second year. I Moreau also called for a better explanation of the fourth proposal (regarding treatment of abstentions).

GA1/14 – 7 It was agreed that in the light of the generally positive views expressed about the proposed Bylaw changes, consolidated proposals should be brought to the November meeting. LL

2.7. Secretary General’s Report

The SG highlighted a number of items relating to issues that had arisen since his initial report was circulated a month previously, including: - EESC Opinion on the Role & Future of the Liberal Professions, 25.03.14; - DG ENTR initiative “Bolstering the Business of the Liberal Professions”, 09.04.14; Page 3 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

- SMO report on “the Working of the SIM Directive in the Construction Sector”, 03.04.14; - COM Staff Working Document “Access to Insurance for Services in another Member State” 31.03.14; - COM Staff Working Document: “Work Plan on National Reforms in Services Markets”, 31.03.14; - DG ENTR Construction 2020 – thematic group meetings including Internationalisation, 02.04.14; - DG ENTR High Level Group on Business Services report; - EC Conference on new Public Procurement Directive, 19.03.14; - Government Procurement Agreement,15.01.14; - Comprehensive Economic Trade Agreement – CETA (Canada); - Transatlantic Trade & Investment Partnership – TTIP (USA); - Trade in Services Agreement (TISA) – proposed multi-lateral agreement.

He agreed to circulate a copy of his presentation and written report after the meeting and confirmed that all matters are being deal with, mainly in the RQI work group.

GA1/14 – 8 The Secretary General’s report was noted.

2.8. Sector Study

The Secretary General reminded Member Organisations that the fourth edition of the ACE Sector Study was now underway (now available in 18 languages), following the dispatch of initial documentation on 14 April. While most of the questions remain the same (thereby allowing for the comparison of trends over time), it was noted that a number of new questions had been added, in a particular to elicit more information on the economic value of cross-border services (translations required by 30/04). The SG then summarised the time-table as follows: - 14.04 - MOs list architects with an email address, giving each a unique ID number; - 13.05 - send personalised email to each (text provided, with embedded hyperlink for each persons); - 26.05 - send first reminder to non-respondents (Mirza & Nacey will remove respondents from lists; - 09.06 - send second/final reminder (again M&N will remove respondents from lists); - 01.07 - close of survey; - July – September: report analysis and writing; - 10.10 – submit headline results to Executive Board; - 28.11 - present full report to the General Assembly.

It was noted that the information contained in this study would provide part of the economic context for the joint Erasmus + project bid which ACE and the EAAE were developing.

GA1/14 – 9 The launch of the 4th edition of the ACE Sector Study was noted. SG/MOs

3. Finance

3.1. Treasurer Report

The Treasurer confirmed the on-going aim to operate with a flat budget, thereby gradually reducing subscriptions in real terms (already reduced by 10% in real terms over the past 5 years). This had been possible by careful monitoring of expenditure, smarter working, greater use of tele-conferencing and Skype and the successful use of EU project income. A programme was also being developed to increase future capability in the area of Communication.

GA1/14 – 10 The Treasurer’s report was noted.

3.2. Approval of 2013 ACE Accounts

The Treasurer spoke to the “unqualified opinion” of the Auditor (i.e. there were no queries).

A surplus of € 162,033k was announced, inclusive of income from the projects, and a balance sheet total of € 953,036. Page 4 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

GA1/14 – 11 The 2013 Accounts were approved.

3.3. Appointment of Auditor for 2014

The Treasurer confirmed the positive working relationship with Auditors Baker Tilly and proposed that they be re-appointed.

GA1/14 – 12 The General Assembly confirmed the re-appointment of Auditors Baker Tilly for 2014 (SG to confirm in writing). SG

3.4. Subscriptions: Status of Payment

The Treasurer reported that receipt of subscriptions was proceeding as normal, with 84% of payments having been received to date.

As regards Poland, he confirmed that the resignation of SARP for 2014 had been recommended to avoid increasing liabilities. There were encouraging signs that IARP/SARP would re-join in 2015.

However, subscriptions from Greece were still outstanding for 2013-2014. The Treasurer indicated that he was aware that a major re-organisation was underway, and he was hoping for constructive discussions in the next 2-3 months.

GA1/14 – 13 The status of subscription payments was noted.

3.5. Solidarity Fund 2014

The Treasurer reported that the Solidarity Fund currently stood at € 9611. There were currently no applications that satisfied the criteria of fund (year on year budget deterioration of 12% of more).

GA1/14 – 14 The report on the Solidarity Fund was approved.

3.6. Draft Budget 2015

The Treasurer reported that he was aiming to propose another standstill budget in 2015 so that Member Organisations could plan better, so the only fluctuations would relate to adjustments in GDP (in accordance withe the Key).

GA1/14 – 15 The draft 2015 budget was noted.

4. ACE Services EEIG

4.1. Call to order and adoption of the Agenda

GA1/14 – 16 The agenda of the EEIG meeting was approved.

4.2. Adoption of the notes of the last meeting (see 1.3. above)

GA1/14 – 17 The notes of the last EEIG meeting were approved.

4.3. Approval of 2013 Accounts (cf item 3.2.)

GA1/14 – 18 The 2013 accounts were approved.

4.4. Discharge of out-going “Gérants” – nomination of new “Gerants”

GA1/14 – 19 The Assembly discharged the 2013 “Gérants” of the EEIG, Selma Page 5 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

Harrington, David Falla and Ian Pritchard and nominated Luciano Lazzari, David Falla and Ian Pritchard as “Gérants” for 2014. SG

4.5. Appointment of Auditor for 2014 (cf. item 3.3.)

GA1/14 – 20 Auditors “Baker Tilly” were re-appointed for 2014. SG

5. Communications

5.1. Demonstration of new ACE website

L Dunet invited Member Organisations to visit the new website and check information held on behalf of each organisation/Member State, up-date as necessary and submit any changes. He also reminded MOs to submit images of prize-winning projects for the image database.

P Obajtek than demonstrated three potential user scenarios: architect, politician, ACE delegate, illustrating key features, navigation and functionality. Other new features include a facility for sharing documents, the possibility to create discussion forums and a section for work groups.

I Moreau observed that data for each Member State could usefully be expanded to include a list of documents necessary for registration and temporary service provision in each jurisdiction – who to contact, whether professional indemnity insurance is compulsory, how to work in each jurisdiction etc.

A Borghi suggested it would be helpful to develop an offers/requests section for people looking for collaboration, and L Dunet noted that it should be possible to add information about work experience for students, as well as links to the websites of MOs.

S Harrington thought it would be interesting, in due course, to develop a section on the internationalisation of services (cf. business plan proposals).

N Galabov (BG), P Klein (FR), E Meunier (UK), P-H Schmutz (CH) and A Blegvad (DK) agreed to constitute a panel of delegates who would test the new site.

GA1/14 – 21 The Assembly welcomed the new website and delegates agreed to assist NG, PK with the up-dating of information to allow for a launch in early June. EM, PHS, AB

6. Area 1: Qualifications

6.1. Coordinator’s Overview

The Coordinator reported on the current state of play regarding the new Professional Qualifications Directive (entry into force: 17.01.14; transposition period: 2 years). Key points included: - new procedures for Notification via IMI and introduction of Notification Authorities/Coordinators; - the Article 59 Transparency exercise (motivation, mapping questionnaire, assessment of regulation to ensure that it is non-discriminatory, proportional and necessary); - clusters of professions, with architects included for deeper analysis (deadline for completion of proportionality tab: 15.08 and mutual evaluation meeting on 30.09); - 13.02.15 Member States provide COM and other MS written comments on assessment reports - April 2015: MS publish results and indications for National Action Plans - June 2015 COM comments on Action Plans - November 2015 presentation of COM’s second evaluation report summarising mutual evaluation - COM will also report these findings in the annual Single Mariet Integration report;

He listed a number of open issues: - should ACE produce a model response for MOs? - RQI work to produce a paper on the Baseline Regulatory position ACE can defend; Page 6 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

- consider study of Spanish ‘Unión Profesional’ on the economic significance of liberal professions; - how to avoid “cannibalism” between MOs or Member States? - how to achieve participation of national experts at evaluation meetings? - consider political interventions?

He also listed a number of points for inclusion in political interventions e.g. - would the COM’s time be better spent doing other things? - the activity is time-consuming, and unlikely to benefit jobs and the economy; - the COM Communication of 02.10.13 evaluating national regulations on access to the professions was deficient; PQD art. 46 is already clear and ENACA brings transparency to registration; - architects cover only a small portion of the services sector, but their cross-border mobility is higher than that stated in EU statistics. Meanwhile, there is no shortage of architects; - obstacles to cross-border mobility: can include insufficient knowledge of language/building regulations and unwillingness to relocate. Regulations on access to professions are of minor concern; - COM should prioritise Transposition Guidance and new Notification procedures; - ACE will consider co-operation with other professions (e.g. to develop a reflection on the future of liberal professions, or an EU-wide definition)

Among the characteristics to be included in any definition of Liberal Professions, he noted: - information asymmetry between service provider and client; - Liberal Professions are based on trust; - the public interest is integral – guaranteed through binding professional regulations; - service-quality is place above maximising profit; and - self-regulation is in line with the subsidiarity principle

A meeting had been scheduled to take place with the new Head of Unit in DG MARKT, Martin Frohn to - stress the need for a Transposition Guide; - underline the importance of securing professional inputs to the Peer Review meeting; - point out the futility of Transparency exercise; - seek the involvement of other liberal professions, especially regarding traineeship; - gather reliable data on cross-border movement - promote Baseline Regulatory position in ACE

6.2 Evaluating Access to the Profession - what level of Regulation can we defend? – John Graby

J Graby explained the context for this exercise: the COM communication on evaluation of national regulations for access to the professions had led the RQI group to consider the need to identify and defend a regulatory ‘bottom line’. To do so, it is necessary to collect information from the MOs, identify building blocks or cornerstones and debate these in the Assembly. He suggested that ACE start with a statement on professionalism e.g. with reference to the Adam case. ACE might also wish to follow the lead given on the COM website which gives three reasons for regulating professional services i.e. - asymmetry of information; - externalities; - concept of the “public good”.

Cornerstones would include Registration, Reserved functions, Services provided by companies, economic impact of regulation.

Why registration? – to provide consumer & public benefit by - protecting the public health, safety & welfare; - assuring a level playing field, consistency of standards and quality of service; - offering a system for investigating complaints; - demonstrating the value of accountability.

What does registration include? - maintain a register of qualified persons; - oversee the conduct of registrants (codes, discipline, sanctions) - provide for dispute settlement - monitor requirements for PII; - monitor requirements for CPD

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Note, registration must be non-discriminatory, in the general interest and proportional.

Reserved functions – some areas of work are reserved to members of a profession for the protection of the public. Examples of reserved functions include authorisations to make applications for building (planning permissions) – it is better for professionals (who are trained) to deal with such applications rather than local authorities (who are not) - or authorisation to design projects for specific building types e.g. heritage or residential buildings.

Justification - the professional’s governing body will ensure that those licensed to practice are qualified and conduct themselves appropriately; and that rules do not discriminate on grounds of nationality or residency. Transferring public responsibilities to professionals makes it possible to maintain public order/safety while having regard for the sustainability of buildings. Involving professionals allows governments to step back from building inspection. Competences are generally linked to education, for consumer protection; education is subject to subsidiarity and cannot be harmonised; the same should be true for competences.

Economic impact of regulation on provision of professional services - there is no evidence that regulations on access to or pursuit of the profession have a negative impact on productivity or competitiveness. Regulation of title does not restrict choice but helps the client to chose a competent provider. Finally, the COM’s 2012 study on Reserves of Activities revealed that there is no statistically significant relationship between deregulation and the productivity of professions, or evidence of market dominance or anti-competitive behaviour.

Issues for debate  subsidiarity, cultural diversity and difference in architectural practice in Member States must be respected. One size or solution does not fit all.  the ECJ’s recognition of quality of services and independence of the service provider should be emphasised;  the Construction Market is stable/relatively flat with ample spare capacity  the level of regulation for architects is not such as to limit growth  on cross-border services, architects will go – and have gone – to cities, regions and States where there is construction activity.

To conclude, J Graby suggested that the key elements of professionalism should include:  Adequacy of qualifications  Regulation (self or statutory) to ensure consumer protection - Maintaining a Register of qualified persons - Monitoring Professional Indemnity Insurance - Monitoring CPD - Overseeing Professional Conduct  Professional independence

Due to lack of time, there was no opportunity to discuss these two presentations at length. LL underlined that these were not just legal matters, but issues of vital importance for the core image of the profession. All delegates were invited to submit written comments and proposals urgently.

T Prinz felt that this was the main issue at the moment. We all have to justify all of our regulation and our beliefs are up for discussion. He urged MOs to bring together different aspects of package regulation into a cohesive package so that nothing can be taken out or modified. Protection of title might be considered a barrier to trade to some people, but it is dealt with in an unburdensome way. All were encouraged to contact their governments, participate in justifying systems and share information.

I Moreau noted that the COM is still deregulating and underlined the importance of MOs acting at national level, without which the COM will continue to deregulate.

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R Pellicer noted that the COM has indicated that Experts of different sectors can participate in the evaluation process, and recommended that all MOs ask their Governments to nominate experts, and stay close to them.

R Niebergall welcomed the presentation from J Graby, which he felt would be a very good basis for argumentation at national level.

G Pendl felt that our strategy was too defensive. While the EU is an economic union, market forces and beliefs are allowed to predominate, though they cannot solve all problems. He felt it was vital to encourage participation in the European Parliament elections.

W Haack concluded by saying that M Hynds o’Flanagan was working on practical experience in the PQD work group and would present the results of her research at the September General Coordination meeting. Meanwhile, M Procés was concluding work on a Glossary, which would also be ready for September. The next meet of the Regulatory Questions & Issues group will be in Dublin on 4 June.

GA1/14 – 22 The Assembly endorsed the presentations by W Haack and J Graby and the principles set out therein. The Secretariat was asked to circulate both SG presentations. It was decided that the next RQI meeting would be extended to allow for further consideration of these two questions. JG

7. Area 2: Practice

7.1. Coordinator’s Overview

Area 2 Coordinator Indrek Nakk gave a brief overview of activity in this area.

The Scope of Services and Liability & Insurance groups had merged. The last meeting of the old SoS group chaired by Philip Ridgway had approved the Table of Services (see 7.2 below). I appeared that work in CEN TC/395 was on hold, pending the outcome of the review of the evaluation of the SIM Directive. The next SoS meeting will be held in Dublin on 3 June and will focus on fees.

Public Procurement - following a certain amount of success with our lobbying objectives in the context of public procurement (cutting administrative burdens, removing barriers for SMEs, promotion of MEAT over lowest price, reduction of turnover requirements and insertion of references to intellectual services, the group has focused on the development of a Transposition Guide for Member Organisations (cf. 7.3 below).

Architectural Design Competitions – while recent activity had also been focused on the Directive, 2014 objectives now include up-date the ACE best practice guide (10 Recommendations for ADCs). ACE would also push for winners of competitions to be automatically commissioned to realise the winning design.

Services in the Internal Market – following the publication of the Corazza-Bildt report last July, the European Council conclusions have called on the Council and Commission to provide yearly progress reports on national reforms in the area of services. The COM continues to work towards a more ambitious implementation of the Directive and develop more in-depth knowledge of services markets.

Trade in Services – the SG will give an up-date on EU negotiations with Canada (CETA) and the USA (TTIP).

GA1/14 – 23 The Area 2 Coordinator’s report was noted with satisfaction.

7.2. Scope of Services – Table of services relating to different project phases

Following the submission of a narrative report – at the last General Assembly, comparing key elements of the scope of services in seven EU jurisdictions, the group had now finalised its work with the

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production of a table, listing services common to the scope in most MS, using the various stages of a project as defined by CEN TC/395.

Work is now being undertaken, in consultation with representatives of the insurance industry, to see whether an insurance package can be developed for such a common scope of service, for use by cross-border providers.

GA1/14 – 24 The Assembly approved the table depicting common elements of the scope of service in most EU countries and (using the project phases as defined by CEN/TC 395) as the basis for further work on insurance. RS

7.3. Procurement – ACE Guidelines for Member Organisations

T Maibaum introduced the draft ACE Recommendations & Guidelines for the Transposition into National Law of the new Public Procurement Directive. The new Directive contains provisions requiring interpretation, and during the transposition process, MOs will need good arguments in order to achieve an interpretation of the Directive that serves architects’ goals.

The Recommendations are divided into five parts: (1) Definition of the project; (2) Accessibility of public contracts – selection criteria; (3) Procedures; (4) Procurement instruments and tools; (5) Award Criteria. It also includes a section on Recommendations for Design Contests.

Key points highlighted include: - the role of the Architects (first chapter) including the problem of Design & Build; - Architects should be independent consultants and not sub-contractors of construction firms; - As regards the awarding of contracts, quality is now placed before price; - And as regards the choice of procedures, it is important that architects are not exploited.

He indicated that it is a living document that can undergo further modification or adaptation for national purposes. Transposition discussions have already started in some countries and a number of detailed issues could have an important affect on architects.

He invited those interested to a seminar on 20 June to asked questions on public procurement, develop answers and engage in further discussion with work group members. He also proposed that part of the seminar be devoted to up-date ACE’s recommendations on architectural design contests.

F Schorl (NL) noted that the Netherlands is less opposed to Design & Build than others and also felt it was important to allow small firms to use reference periods of longer than three years.

K Nilsson (SE) felt that architects should be pleased with the new Directive, which has moved in their direction in many ways. There is now a greater possibility of using quality than lowest price, and encouragement for procurers to look at life-cycle costs, as well as social and sustainable dimensions. It is important to achieve greater clarity in areas where national legislators have a choice e.g. they can even forbid the procurement of intellectual services such as architectural services on the basis of lowest price only! ACE needs to convey this message at national level. However, she was concerned about the emphasis on design competitions as the main method of procuring architectural services, and felt that the document needed to be more nuanced, flexible and open to help procurers them choose the method that is most suitable to a given set of circumstances.

G Pendl underlined that public procurers are paying with our money and must choose the fairest, most open, transparent and best value for money system. T Maibaum underlined that we have a clear position on quality criteria – use quality not price.

GA1/14 – 25 The ACE Recommendations and Guidelines for the Transposition in National Law of the new Public Procurement Directive were agreed as a live document, which could undergo further modification and be used, selectively, by Member Organisations to influence national transposition. A procurement seminar will be hosted on 20 June to afford the TM

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opportunity for further questions/answers.

8. Area 3 – Responsible Architecture

8.1. Coordinator’s Overview

S van Rompaey described the re-focusing of Area 3 work. The Environment & Sustainable Architecture work group had enjoyed a successful first year under new chairmanship where the overall focus of the work is not only on the scientific aspects of sustainability but lobbying. Housing issues would now be incorporated into the Urban Issues. Additionally, a new Research & Innovation panel had been formed to help evaluate requests and advise on proposals for EU-funded projects in the context of Horizon 2020 and the Creative Europe programme. D Bacic was also developing an ERASMUS + bid for a project with the EAAE in furtherance of the new Schools programme.

She noted the need to address EU 202020 targets as enshrined in the EPB (re-cast) Directive (note nearly Zero-Energy Building (nZEB) targets for public buildings (2018) and other buildings (2020) and the Energy Efficiency Directive’s Action Plans, underlining the need to form long-term strategies.

Environment & Sustainable Architecture work group J Kimpian summarised achievements to date and positions developed for external representations and proactive lobbying including– - contributions to DG ENTR’s Construction 2020 Strategy; - Closing the Performance Gap (exposing the difference between expected and achieved energy consumption, calling for mandatory disclosure and harmonised reporting metrics (article 11 of the EPBD re-cast only provides for voluntary schemes); - Life-cycle costing; - making the case for refurbishment rather than replacement of existing building stock

Emerging themes include “big data” and BIM. She concluded by calling on MOs to designate more experts to the join the group.

GA1/14 – 26 The Area 3 and ESA work group reports up-dates were noted.

8.2. Urban Issues brochure (A. Zammit)

A Zammit described the formulation process of the brochure on the role of the architectural profession in producing and delivering responsible designs, which is divided into five sections –  why this publication? – to re-evaluate our position in the light of economic recovery and new societal challenges including the high cost of energy;  what are the challenges? – consider an integrated approach to economic, environmental and social repercussions of urban development;  where are we coming from? - following earlier work on the Quality of Design and sustainable communities, refine the notion of sustainable design to focus on Responsible design and integrated urban development;  what is the contribution of the architectural profession? – (a) through design, shape individuals and their behaviour and influence community formation, that lies at the basis of inclusive governance structures; (b) provide expert knowledge to champion good design and empower individuals to facilitate bottom-up participations; and (c) provide integrated interventions for sustainable rehabilitation and renewal, promote ‘energy democracy’ and combat fuel poverty  responsible design – defined as integrated, energy-conscious, inclusive and adaptable. Consider short and medium term targets as well as longer-term goals. Initiatives should start with buildings and streets, and progress to neighbourhood and district scales (accessing ERDF funding). Support the establishment of design quality champions in European Cities and urban developments that promote bottom up, quality driven approaches, inclusive and participatory planning and design processes, and the organisations of design competitions.

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The brochure is deliberately positive and aspirational, written in clear, simple, unequivocal language and well illustrated. It is framed within today’s realities, does not seek to re-state past principles or theories. And is intended to be a timeless manifesto. So it is not intended to educate us, but rather to present our position externally.

C Lerche (DK) welcomed the document, though recommended the inclusion of a reference to the UN Convention on the Rights of Persons with Disabilities (access issues, Design for All). J Kimpian asked if a short paragraph could be included on Smart Cities, and I Moreau highlighted the importance of commenting on the lack of affordable housing.

Once the text has been finalised, it was noted that a digital version will be developed in the first instance while consideration is given to how to finance a hard copy.

GA1/14 – 27 The brochure on the Role of the Architectural Profession in producing and delivering responsible designs was approved, Following minor modifications to reflect the comments made at the GA1/14 meeting, AZ quotations will be obtained for producing this digitally, in hard copy, SG

8.3. Report on EU funding projects

S van Rompaey gave an up-date on EU-funded projects.

LEEMA (Jan 2012 – Dec 2015) is developing a new generation of inorganic insulation materials and building insulation masonry components suitable for new and retro-fitted buildings. The materials should have 70-90% lower embodied energy. ACE is responsible for technical coordination, Business Plan and promotion (cf. new leaflet)

INSPIRe (Oct 2012 – Sept 2016) is tacking high energy consumption by producing systemic renovation packages that can be applied to residential and office buildings in a variety of climates, and aimed at reducing primary energy consumption to lower than 50kWh/m2/year.

A2PBEER (Oct 2013 – Sept 2017) is developing a systemic energy efficient retro-fitting methodology for public buildings and will take advantage of synergies from interventions at district level and also high performance envelope retro-fitting based on super-insulation.

Open House (common European Building assessment methodology) – though finished in July 2013, former project officer Eleni Goni conducted a web seminar on the tool on 16/4 which was recorded and is available on request from ACE, along with the training packages.

GA1/14 – 28 The report on EU-funded projects was noted.

8.4. CEC 5 Project: Demonstration of Energy Efficiency & utilisation of renewable energy sources through public buildings (D Borak)

D Borak described this programme involving 12 partners from 8 countries (AU, CZ, DE, HU, I, PL, SLO, SVK) between 10/2011 to 12/2014 with a total budget of € 4.5m. The goal of the project was - to promote energy efficiency and the use of renewable energy sources through their application in public buildings; - to create a common pool of knowledge on RES and EE building solutions; - to create a transnational working platform useful for day-to-day practice

In particular the project sought to understand why RES and EE solutions, and Sustainable Assessment are used broadly in private buildings but not in public buildings. r architectural organisations. The answer lay in the absence of legal requirements and the fact that market tools are complex, slow, expensive and not harmonised. This led to the development of CESBA – Common European Sustainable Building Assessment, aimed at the promoting harmonisation of sustainable building assessment based on a set of core CESBA Principles and a set of standard inputs

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A. – quality of the site B. – Quality of the planning process – quality indicators C. – energies and supply – renewable sources D. – health and comfort – performance of the building E. – materials and structures – environmental impact.

Designed to elicit recommendations for improvement and conclusions

The CESBA booklet may be obtained from www.projectcec5.eu

GA1/14 – 29 The report on the CEC5 Project was noted with satisfaction.

9. Reports on transversal issues

GROUP A: Professional Mobility and Regulation

P-H Schmutz described the elements that contribute to this horizontal theme  access to the market (CPD, professional practice) ;  access to the profession (validation of requirements; professional practice experience)  qualifications (internship, training)

He then listed the work groups that contribute to these areas  4. CPD; 7. Scope of Service/fees; 6. Liability & insurance  3. Regulatory Questions; 2. Professional Practice Experience;  2. Professional Practice Experience; 1. Qualifications Directive

Finally, he listed some questions to be answered or objectives to be pursued through the foregoing:  re-validation; under what conditions? Basic scope of service and indicative fees? General common conditions?  … what contribution? Conditions for validation and accessing the profession?  Conditions for validation? 5+2?

GROUP B: Professional Development and Application

V Cassar underlined that the essential element was dissemination of information on the CPD process. A number of initiatives are underway, and once the new website is in place there will be a page in the site for all these issues – as well as the recently agreed register of nationally approved CPD systems.

GROUPE C: Public Procurement and Responsibility

M Drahovski recalled the presentations already made on Public Procurement Scope of Service and Responsible Design and underlined the need to focus on implementation and collect case studies.

GROUP D: External links

B Batuman described work he had undertake to map ACE’s many external links (cf. Presentations by the President and SG). ACE is an international organisation embedded in a series of other international organisations and had external relations with

- other architectural organisations * EU (e.g. EAAE, EFAP etc.) * international (UIA, AUA, ARCASIA, FPAA) * other (e.g. Wonderland); - the Construction Industry * professional bodies (EFCA, ECCE, EFLA, ECIA etc.) * industry bodies (FIEC, EBC etc.) * other Page 13 sur 15 Internal Affairs GA1/14/GA2/13-Dec&Act First General Assembly in 2014 GA1/14, 24 & 25 April, in Padua, Italy Agenda Item 1.3. Decisions and Actions arising from GA1/14 For Adoption Draft Date: 23 ZApril Ref: 108/14/IdP

- networks and memberships * Coalition for Energy Savings * ECF, ECCREDI, EFAP, ESF etc. * Eurocities

He was currently looking at ways to re-organise relations so as to connect ACE work areas (Access, Practice, Responsible Design) with common areas of policy making, architecture, construction sector and disciplinary proximity.

GROUP E: Communications (cf. item 5)

GA1/14 – 30 The reports on transversal issues were noted.

10. Any other business

There was none.

11. Programme for the ACE 25th Anniversary (2015)

This will be discussed at the Executive Board and proposals reported to the next Assembly.

12. Date and time of next meeting:

The next meeting of the ACE General Assembly will take place in Brussels on 28-29 November 2014

13. Presentation by the President of the Africa Union of Architects (AUA)

President, Tokunbo Omisore, described the activities of the Africa Union of Architects, established in 1981. He underlined interest in developing a CPD programme in order to - raise professionalism and standards - add value for practitioners - create opportunities - protect local jobs - bring African Architects to together

He felt that the AUA need to act as little done had been done in this regard at international level.

He highlighted foreign interventions in Africa (and not just in the EN/FR speaking countries).

He felt that ACE’s concept will help to support the profession globally. ACE is doing a good job and he wanted the AUA to mirror ACE’s structure, to try replicate what ACE does vis-à-vis the Commission in AUA’s relationship with the Africa Union and UN Habitat.

As far as the profession in Africa is concerned, there is a fear of extinction. Unemployment is a major problem, with many architects going to work in other fields. AUA was trying to support affordable development, and campaigning to African solutions to the Africa’s problems. In June last year, the Made in Africa Forum was organised in Tangier to encourage use of local materials.

End

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Actions

Decision Action

GA1/14 – 2 The decisions of GA2/13 were approved subject to minor modifications (for publication on the ACE website). SG

GA1/14 – 4 The 2013 Annual Report and 2014 Outlook was noted with satisfaction for wider distribution. SG

GA1/14 – 6 The ACE Manifesto was noted for distribution to candidates in the European Parliament elections. Member Organisations were SG invited to order hard copies from the Secretariat, and urged to make contact with candidates and keep ACE informed. MOs

GA1/14 – 7 It was agreed that in the light of the generally positive views expressed about the proposed Bylaw changes, consolidated proposals should be brought to the November meeting. LL

GA1/14 – 9 The launch of the 4th edition of the ACE Sector Study was noted. SG/MOs

GA1/14 – 12 The General Assembly confirmed the re-appointment of Auditors Baker Tilly for 2014 (SG to confirm in writing). SG

GA1/14 – 19 The Assembly discharged the 2013 “Gérants” of the EEIG, Selma Harrington, David Falla and Ian Pritchard and nominated Luciano Lazzari, David Falla and Ian Pritchard as “Gérants” for 2014. SG

GA1/14 – 20 Auditors “Baker Tilly” were re-appointed for 2014. SG

GA1/14 – 21 The Assembly welcomed the new website and delegates agreed to assist NG, PK with the up-dating of information to allow for a launch in early June. EM, PHS, AB

GA1/14 – 22 The Assembly endorsed the presentations by W Haack and J Graby and the principles set out therein. The Secretariat was asked to circulate both SG presentations. It was decided that the next RQI meeting would be extended to allow for further consideration of these two questions. JG

GA1/14 – 24 The Assembly approved the table depicting common elements of the scope of service in most EU countries and (using the project phases as defined by CEN/TC 395) as the basis for further work on insurance. RS

GA1/14 – 25 The ACE Recommendations and Guidelines for the Transposition in National Law of the new Public Procurement Directive were agreed as a live document, which could undergo further modification and be used, selectively, by Member Organisations to influence national transposition. A procurement seminar will be hosted on 20 June to afford the TM opportunity for further questions/answers.

GA1/14 – 27 The brochure on the Role of the Architectural Profession in producing and delivering responsible designs was approved, Following minor modifications to reflect the comments made at the GA1/14 meeting, AZ quotations will be obtained for producing this digitally, in hard copy, SG

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