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European Parliament and Council reach agreement on proportionality test before regulation of professions

European Parliament, Brussels, 20.03.2018

Monday 9 April 2018

On 20 March, both institutions reached an agreement on the proportionality test with regard to professional qualifications. A compromise was reached for the health care sector.

Furthermore, they agreed that member states would get a greater margin of appreciation with a view to introducing rules on professions in the first article of the proposal. As regards health care, the European Parliament wanted that that sector would be excluded from the scope of the new regulation.

The justification list for taking restrictive measures will remain open, taking account of the decisions made by the European Court of Justice. So, that list will be less accurate than the proposal made by Parliament, that wanted to extend the list, in addition to the urgent reasons linked with the general interest, the quality of crafts, the promotion of research and development and maintaining the efficiency of tax controls.

The member states will always have to set up a public consultation for all parties concerned before rules are introduced which limit the access to a profession.

The member states will transmit their opinion on the agreement before the end of March. The European Parliament hopes to vote on the text already in April.

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