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Proportionality test for new national regulations for professions [EU Legislation in Progress]

Written by Monika Kiss,

Large group of people representing diverse professions including

© Andrey Popov / Fotolia

In the EU, professions are regulated at either Union or Member State level. In the latter case, qualification requirements can differ widely between Member States, due to their respective historical development and experience. This can lead to a lack of clarity on the criteria used, and result in fragmentation of the single market. The proposed directive on a proportionality test before adoption of new regulation of professions, tabled by the European Commission, sought to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The new directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU. The European Parliament proposed a specific status for healthcare services, and explicitly addressed gold-plating practices (unnecessary national requirements). A text was agreed between Parliament and Council in trilogue in March, which was voted in the Parliament plenary on 14 June 2018 and adopted by the Council on 21 June 2018. The final act was signed on 28 June 2018. Member States have until 30 July 2020 to bring into force the laws and administrative provisions necessary to comply with the directive.


Proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions
Committee responsible:


Shadow rapporteurs:







Internal Market and Consumer Protection (IMCO)

Andreas Schwab (EPP, Germany)

Sergio Gaetano Cofferati (S&D, Italy)

Richard Sulík (ECR, Slovakia)

Jasenko Selimovic (ALDE, Sweden)

Jiri Mastalka (GUE/NGL, Czech Republic)

Julia Reda (Greens/EFA, Germany)

Marco Zullo (EFD, Italy)

Mylene Troszczynski (ENF, France)

COM(2016) 822  of 10.1.2016

procedure ref.: 2016/0404(COD)

Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)

Procedure completed. Directive (EU) 2018/958
OJ L 173, 9.7.2018, pp. 25–34

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