Fri, Jul 20, 2018

Proportionality test for new national regulations for professions

Proportionality Test Directive - update July 10 2018

MEPs and member states have reached agreement on the final wording of the new Proportionality Test Directive which commits member states to undertaking proportionality assessments before the introduction of new regulatory rules.

Under the final agreement, health professions will be covered by the new Directive although the text recognises the special nature of health professions and gives authorities discretion to ensure that a high level of health protection is respected when regulating such professions. The Directive will be formally adopted over the summer and is likely to be implemented by 2020.

Source: Heathcare Professionals Crossing Borders  

What is the Proportionality Test Directive? 

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, intends to harmonise the way in which proportionality tests are carried out before Member States introduce new regulation on professions. The directive will supplement provisions of Directive 2005/36/EC on the recognition of professional qualifications, last amended by Directive 2013/55/EU.

2017: The European Parliament proposed a specific status for healthcare services, and explicitly addresses gold-plating practices (unnecessary national requirements). With a text agreed between Parliament and Council in trilogue in March, Parliament is due to vote on whether to confirm this text in June 2018. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

History: see Briefing here