# C_2020028EN.01016301.xml

| 27.1.2020 | EN | Official Journal of the European Union | C 28/163 |
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27.1.2020

EN

Official Journal of the European Union

C 28/163

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P8_TA(2018)0263

Proportionality test before adoption of new regulation of professions ***I

European Parliament legislative resolution of 14 June 2018 on the proposal for a directive of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions (COM(2016)0822 – C8-0012/2017 – 2016/0404(COD))

(Ordinary legislative procedure: first reading)

(2020/C 28/25)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2016)0822), |
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having regard to the Commission proposal to Parliament and the Council (COM(2016)0822),

| — | having regard to Article 294(2) and Articles 46, 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0012/2017), |
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having regard to Article 294(2) and Articles 46, 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0012/2017),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the German Bundestag, the German Bundesrat, the French National Assembly, the French Senate and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the German Bundestag, the German Bundesrat, the French National Assembly, the French Senate and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 31 May 2017 (1), |
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having regard to the opinion of the European Economic and Social Committee of 31 May 2017 (1),

| — | having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 April 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
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having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 April 2018 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 59 of its Rules of Procedure, |
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having regard to Rule 59 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0395/2017), |
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having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0395/2017),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

| 2. | Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal; |
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2.

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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3.

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(1)  OJ C 288, 31.8.2017, p. 43.

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P8_TC1-COD(2016)0404

Position of the European Parliament adopted at first reading on 14 June 2018 with a view to the adoption of Directive (EU) 2018/... of the European Parliament and of the Council on a proportionality test before adoption of new regulation of professions

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2018/958).

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