LAW 14 January 2013, n. 4

 

    

The Chamber of Deputies and the Senate of the Republic approved;    

 

                  THE PRESIDENT OF THE REPUBLIC        

                           promulgates   the following law:  

 

 

   Art. 1   Subject and definitions    

 

1. This law, in implementation of art. 117, third paragraph, of the Constitution and in compliance with the EU principles competition and freedom 'of circulation, regulates the professions not organized into associations or colleges.  

 

2.  For the purposes of this Act, for "professional services not organized in associations or colleges", hereinafter referred to as 'professional' means Economic activity ', also organized, once the provision of services or works to third parties, exercised regularly and mainly through intellectual work, or with the help of this, with exclusion of the attivita 'reserved for law to persons entered in the registers or lists pursuant to art. 2229 of the Civil Code, the health professions and activities' and of crafts, trade and public exercise specific regulations.   

 

3.   Any person who carries out any of the professions referred to in paragraph 2 distinguishes their activities', in every document and report written with the client, with the express reference, as to discplina applicable, at the extremes of this Act. The failure is one of the unfair trade practices between professionals and consumers, of Title III of Part II of Consumer Code, introduced by Legislative Decree 6 September 2005, n. 206, and is' sanctioned under that code. 

4.

  The exercise of the profession and 'free and based on the autonomy, competency and independence of judgment intellectual and technical, in compliance with the principles of good faith, the expectation of the public and customers, for the correctness, enlargement and offer specialized services, the responsibility 'of the professional.

 

  5. The profession and 'carried out individually, in a partnership, company, cooperative or in the form of work employee.

 

 

  Art. 2

 

  1. Those who exercise the profession of art. 1, paragraph 2, may be of a professional nature associations of nature private law, founded on a voluntary basis, without any constraint of exclusive representation, with the aim of enhancing the skills of members and ensure compliance with the rules of professional conduct, facilitating the selection and user protection in respect of

competition rules.

 

  2. The statutes and membership of professional associations clauses ensuring transparency of activities' and associative structures, the democratic process among the members, the observance of ethical principles as well as' a structure organizational and technical-scientific the actual adequate to achieve the purposes' association.

 

  3. Professional associations promote, also through specific initiatives, the ongoing formation of its members, adopt a code of conduct in accordance with art. 27-bis of the Consumer Code, introduced by Legislative Decree 6 September 2005, n. 206, watch over the professional conduct of the members and lay down the disciplinary sanctions applicable to members for violations

of the same code.

 

  4. The associations promote forms of security for your protection, including the activation of a reference site for the citizen consumer, at which the buyers of professional services could contact in case of litigation with individual professionals, in accordance with art. 27-ter of the Consumer Code, introduced by Legislative Decree 6 September 2005, n. 206, as well as 'to get information about the attivita' professional in general and the quality standards they demand to subscribers.

 

  5. At associations are prohibited the adoption and use of professional designations related to professions organized in orders or colleges.

 

 6. For the professionals in art. 1, paragraph 2, even if members of the associations mentioned in this article, not 'allowed the exercise of the attivita 'professional reserved by law for specific categories of persons, except in cases in which demonstrate meeting the requirements set by law and the registration in the relevant register.

 

  7. The list of professional associations referred to in this article and the group forms of art. 3 who say, with assumption of responsibility 'of their legal representatives, to be in possession of the requirements laid down therein and

comply, as applicable, the requirements of Articles 5, 6 and 7 and 'published by the Ministry of Development statement in its website, together with supporting documents relating to the information communicated to the same Ministry under art. 4, paragraph 1, of this Act.

 

 

 

  1. Professional associations in art. 2, preserving their independence, can meet in aggregate forms from them as constituted by private associations.

 

  2. The group forms representing the member associations and act in full independence and impartiality '.

 

  3. The group forms have promotion and qualification of the attivita 'professional functions they represent, as well as' the dissemination of information and knowledge related to them and the representation of common instances in the seats political and institutional. On instructions of the individual associations, they can control the activity of these associations to

purposes of verifying compliance with and the adequacy 'of professional and quality standards for the year of the attivita' and codes of conduct defined by the associations themselves.

 

                               

 

 

  1. Professional associations in art. 2 and of the group forms of associations of art. 3 publish in its website the information elements that have utility 'for the consumer, according to criteria of transparency, fairness, truthfulness'. Where authorize its members to use the reference to entry the association which

mark or certificate of quality 'and professional qualification of its services and in accordance with Articles 7 and 8 of this Law, also comply with the requirements of Article. 81 of Legislative Decree 26 March 2010, n. 59.

 

  2. The legal representative of the professional association or aggregative form guarantees the correctness of the information provided on the website.

 

  3. The individual professional associations can promote the establishment of committees to address and surveillance on the criteria assessment and issuing of professional qualification and competence systems. To these committees are involved, by agreement between parties, associations of workers, entrepreneurs and consumers are most representative at national level.

 

All expenses for the establishment and functioning of the committees are attributed to those associations represented in the committees.

 

 

 

  1. Professional associations shall, for the purpose 'and in the manner' in art. 4, paragraph 1, the full knowability 'of following elements:

 

    a) memorandum and articles of association;

 

    b) precise identification of the attivita 'professional which the association relates;

 

    c) the composition of the deliberative bodies and corporate offices;

 

    d) association's organizational structure;

 

    e) requirements for participation in the association, with particular reference to the qualifications relating to activities' Professional object of the association, the requirement of belonging to upgrading ongoing professional the preparation of appropriate instruments to ensure the effective fulfillment of this obligation and the indication of the paid to achieve the statutory purposes;

 

    f) absence of profit.

 

  2. In the cases referred to in Article. 4, paragraph 1, second sentence, the obligation to ensure the ability to know 'and' extended to the following items:

 

    a) the code of conduct with the prediction of graduated sanctions in respect of violations committed and the relevant body the adoption of disciplinary measures has the necessary autonomy;

 

    b) the list of members, updated annually;

 

    c) the association's offices in Italy, in at least three regions;

 

    d) the presence of a technical-scientific unit dedicated to the continuing education of the members, either directly or indirectly;

 

    e) the possible possession of a quality 'association certified system in compliance with UNI EN ISO 9001 for the sector competence;

 

    f) The guarantees activated to protect users, including the presence, the contact details and modalities' access to the door of which art. 2, paragraph 4

 

 

 

  1. This Act promotes the voluntary self-regulation and the qualification of the attivita 'of the subjects who exercise professions in art. 1, even independently of the accession of the same to one of the associations of art. 2.

 

  2. The qualification of the professional service is based on conformity 'of the same techniques to UNI ISO standards, UNI EN ISO, UNI EN and UNI, hereinafter referred to as' technical UNI "rules, set out in Directive 98/34 / EC of the European Parliament and of the Council of 22 June 1998 and based on the guidelines CEN 14 of 2010.

 

  3. The requirements, the skills, the modalities' of exercise of the 'and mode' communication to the user identified by UNI technical standards are general principles and criteria governing the exercise of the self-regulated

single activities' professional and ensure the qualification.

 

  4. The Ministry of Economic Development promotes information compared with professionals and users about To corresponding adoption by the competent bodies, of a technical standard UNI relative to the attivita 'professional in art. 1.

 

 

 

  1. In order to protect consumers and to ensure the transparency of the professional services market, professional associations may issue to its members, subject to the necessary checks, under the responsibility 'of their legal representative, a statement concerning:

 

    a) to the regular membership of a professional association;

 

    b) the requirements for participation that association;

 

    c) the quality standards and professional qualifications that members are required to comply in the exercise of 'professional association for the purpose of keeping;

 

    d) the guarantees provided by the user, including the activation of the door in art. 2, paragraph 4;

 

    e) the possible possession of an insurance policy for responsibility 'professional stipulated by the trader;

 

    f) the possible possession by the professional writing of a certificate issued by an accredited body on the conformity 'with the technical standard UNI.

 

  2. The certificate referred to in paragraph 1 do not represent a necessary requirement for the exercise of the 'professional.

 

 

 Art. 8

 

  1. The certification under Article. 7, paragraph 1, has validity 'equal to the period for which the practitioner is registered with the professional association of the issuing and and' renewed each renewal itself for a corresponding period. The attestation deadline and 'specified in the certificate itself.

 

  2. The professional registered with the professional association and which uses the certificate is obliged to inform the public of their registration number in the association.

 

 

 

1. Professional associations in art. 2 and group forms of art. 3 cooperate in the development of technical standards UNI related to individual activities 'professional, through participation in the work of the specific technical bodies or by the institution of standardization their contributions in the public inquiry stage, in order to ensure maximum consensual' , democratic 'and transparency.

 The same associations can promote the establishment of the compliance 'certification bodies in the areas of competence, in accordance with the requirements of independence, impartiality' and professionalism 'provided for such bodies by law and guaranteed by accreditation referred to in paragraph 2.

 

2. The certification bodies accredited by the single national accreditation in accordance with Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008, may grant, upon request of the individual professional also not a member of any association, the certificate of conformity 'with the technical standard UNI defined for a single profession.

 

 

 

  1. The Ministry of Economic Development carries out duties of monitoring the proper implementation of the provisions of this Act.

 

  2. The publication of false information in the association's Web site or the certification pursuant to art. 7,

paragraph 1, contains untrue information, they are punishable pursuant to Art. 27 of the Consumer Code, introduced by Legislative Decree 6 September 2005, n. 206, as amended.

 

 

 

  1. The implementation of Articles 2 , paragraph 7 , 6 , paragraph 4 , and 10 shall not derive new or increased burdens of the state budget expenses .

 

 The Ministry of Economic Development provides to the obligations provided for therein with the human resources, equipment and

financial resources available under current legislation .

 

  This Law , bearing the seal of the State , will be ' inserted in the official collection of normative acts of the Italian Republic . E ' obligation to anyone is up to observe and enforce it as state law.

 

    Given in Rome , addi ' January 14, 2013

 

                             NAPOLITANO

 

 

                                Monti , the Prime

                                Ministers

 

Seen, the Severino