20 Apr

Coreper: Easier access to professions: EU ambassadors agree on new measures (proportionality test)

The EU’s committee of permanent representatives (Coreper) today, April 20, endorsed an agreement between the Bulgarian presidency of the Council and European Parliament negotiators on a directive that will require EU member states to carry out a proportionality test before establishing new requirements for professions.

The directive will improve transparency in the way certain professions are regulated in the member states. It will ensure that national measures are proportionate, and that they do not unduly restrict access to professional activities or create unjustified burdens in the internal market.

When regulating professions, member states will have to assess whether new or revised rules are justified by public interest objectives.

The future directive, which still needs endorsement by the Parliament and the Council before becoming law, will harmonise the way in which these proportionality tests are carried out and the criteria that will be applied.

The obligation to carry out a proportionality test before introducing new regulation of professions will complement the existing provisions of the Professional Qualifications Directive.

Legislative proposals

This directive is a part of the “Services package”. The Services package, published on 10 January 2017, contains the following legislative proposals:

– Proposal for a services e-card

– Proposal for a services notification procedure

– Proposal for a proportionality test before adoption of new regulation of professions

– It also includes guidance on reform recommendations for regulation of professional services.

Click here to access the draft directive on a proportionality test before adoption of new regulation of professions and click here to consult an nteractive map of regulated professions in the EU.

Remember that if you have workers in Spain or if you are thinking about forming a company in Spain, don´t hesitate to contact our team of experts.

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