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Poland

Konserwator zabytków ruchomych uprawniony do prowadzenia prac konserwatorskich, restauratorskich lub badań konserwatorskich (Poland)


  • Proportionality information

    1. Have you examined whether the requirements under your national legal system are
    directly or indirectly discriminatory on the basis of nationality or residence?
       

    No. In recent years (2008-2014), we have not received any information on problems with obtaining a permit to conduct conservation works, restoration works and conservation tests at monuments entered in the register of movable  monuments by conservation officers other than those with the Polish citizenship or place of residence. We also have not received any information from the authorities issuing permits to conduct conservation works, restoration works and conservation tests at monuments entered in the register of movable  monuments, on refusal to issue this kind of permits due to the fact that the person supposed to perform these activities is not of Polish nationality. Also, there have been no reports about a person of other nationality applying for such a permit.


    2. Which of the following overriding reasons relating to the general interest justifies the measure(s)?
         
    • Preservation of cultural, historical, archaeological and artistic heritage

    3. What specific risks or benefits have you identified that your measure(s) is designed to, respectively, minimise or maximise?

       Please try to be specific in describing the nature of the risks/benefits you have identified
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    Protection of cultural heritage. Benefits: The implemented activities are intended to ensure high level of conservation works, restoration works and conservation tests at movable monuments entered in the register of monuments.

    Threats: The scope and duration of field internships for students is not uniform nationwide, therefore the actual skills of persons who have completed the internships may vary significantly. There is no uniform administrative practice confirming qualifications in the field of experience (the list of documents confirming possession of the required professional experience for conducting conservation works, restoration works and conservation tests at movable  monuments entered in the register of monuments shall be determined in the Act on amendment to the acts regulating conditions of access to perform certain professions, amending the Act of 23 July 2003 on the protection of historic buildings (Journal of Laws of 2014 item 1446).

    Protection of consumers and users of services In Poland, the vast majority of conservation works, restoration works and conservation tests at movable monuments entered in the register of monuments is conducted by private companies or specialists working on their own account. Maintenance of conservation officers as a regulated profession with additional requirement of practice in the field provides thus a necessary guarantee for the owners or holders historic movable  monuments entered in the register of monuments that movable monuments owned by them and entered in the register of monuments will not be destroyed or damaged in the course of the conducted conservation works, restoration works and conservation tests. The existing requirements for conducting conservation works, restoration works and conservation tests at movable  monuments entered in the register of monuments in Poland are low enough not to be considered restrictive.


    4. How specifically do your measures operate to minimise the risk(s) or maximise the benefit(s) identified in question 3?

       When addressing this question please try to explain how the measures prevent the risks or guarantee the benefits.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. Wherever possible please include evidence.

       

    The person to conduct conservation works, restoration works or conservation tests at movable  monuments entered in the register of monuments is selected by the owner or holder of a monument. Selection made by the owner or holder of monuments is verified by a monuments protection authority issuing the permit for conducting conservation works, restoration works and conservation tests at monuments entered in the register.


    5. In so far as you are able, please provide information that you have gathered regarding the concrete effects of the measure(s).

       For example, through impact assessments or information gathered during implementation or review of a measure. Member States who have recently undergone reforms may in particular be able to contribute helpfully to this field. Where you are able to provide cost-benefit analyses this would be particularly valuable.
       Information on whether the measures indeed successfully prevented risks from being realised (e.g. the number of sanctions imposed, a drop in transgressions since the measure was introduced or consequences from previous modifications of the regulation) would equally be helpful.
       Where you have selected more than one overriding reason relating to the general interest in question 2 please be sure to address each of these in your response. You may also wish to include evidence on consumer satisfaction or other measurements of the impact.

       

    No data


    6. Is the general interest objective you indicated in question 2 pursued in a consistent and systematic manner?.

       In approaching your response to this question please consider examples where you have addressed similar risks for comparable professions, not necessarily within the same sector. Is the approach you have adopted in this particular profession comparable or distinct from such similar cases and why?

       

    Under protection of cultural heritage similar measures have been adopted with regard to professions of:

    1. conservation officer of immovable monuments authorized to conduct conservation works, restoration works or conservation tests

    2. conservation officer of historic greenery authorized to conduct conservation works or restoration works consisting in protection, supplementation, reconstruction or conservation of parks or other type of organized greenery

    3. conservation officer of historic greenery authorized to technical works at protection, supplementing, reconstruction or conservation of parks or other type of organized historical greenery

    4. archaeologist


    7. Please explain in how far the degree of complexity or the nature of the activities
    which are reserved justify that these activities can be exclusively performed by professionals possessing a specific professional qualification?

       For example: when the tasks are essentially of a straightforward nature (such as preparing and printing pay slips etc.), or involve essentially the execution of instructions, specific professional aptitudes should not be required.

       

    Every work of art subject to conservation activities is a unit, and consequently it is particularly important to observe procedures enabling avoiding actions that might destroy this object. Additionally, in the case of conservation works it is particularly important to properly identify the reasons for which a historic object is in poor condition of preservation. In connection with the above, such activities and identification must be carried out by people with adequate education and suitable professional experience.


    8. Where you have indicated several measures in place in the screening tab,
    have you reviewed the cumulative effect of all these measures on professional activities?

       If not, why not?
       If yes, please outline for us how you approached assessing this issue as well as the results and conclusions or any learning you drew from this. Where possible please include evidence.

       

    No data


    9. Have you considered the use of alternative mechanisms to achieve your objective(s)?

       Please briefly explain. Where you have selected more than one option, please be sure to address each of these in your response.

       

    No


    10. Conclusion

       Following your internal examination of this regulated profession, which of the following have you concluded?

    •    Maintain current system

       Explain where relevant:

       Current measure is adequate for the intended purpose.

    11. Any other comments?
       

    No comments

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