Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2016/0404 (COD)**

**Brussels, 19 May 2017**
**(OR. en)**

**9057/17**

**COMPET 328**
**MI 400**
**ETS 38**
**DIGIT 132**
**SOC 329**
**EMPL 246**
**CONSOM 202**
**CODEC 785**

**NOTE**

From: Presidency

To: Council

No. prev. doc.: 8713/17 COMPET 282 MI 365 ETS 33 DIGIT 111 SOC 300 EMPL 225
CONSOM 168 CODEC 701

No. Cion doc.: 5281/1/17 REV 1 COMPET 22 MI 32 ETS 3 DIGIT 6 SOC 16 EMPL 12

CONSOM 11 CODEC 36 IA 7

Subject: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL on a proportionality test before adoption of new regulation
of professions

         - General approach

Delegations will find attached the text of the above-mentioned proposal in subject as it resulted

from the meeting of the Permanent Representatives Committee on 10 May 2017.

Presidency text suggestions are in **bold underline**, deletions are in simple strikethrough.

The Council is invited to agree on a General Approach concerning this text.

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# DG G 3A EN

2016/0404 (COD)

Proposal for a

**DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL**

**on a proportionality test before adoption of new regulation of professions**

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 46,

Article 53(1) and Article 62 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee **[1]**,

Having regard to the opinion of the Committee of the Regions **[2]**,

Acting in accordance with the ordinary legislative procedure,

**1** OJ C,, p. .
**2** OJ C,, p. .

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Whereas:

(1) The freedom to choose an occupation is a fundamental right. The Charter of Fundamental

Rights of the European Union guarantees the freedom to choose an occupation, as well as the

freedom to conduct a business. The free movement of workers, freedom of establishment and

freedom to provide services are fundamental principles of the internal market enshrined in the

Treaty. National rules organising access to regulated professions should therefore not

constitute any unjustified and disproportionate obstacle to the exercise of those fundamental

rights.

(2) In the absence of specific provisions harmonising the requirements on access to a regulated

profession or its pursuit laid down in Union law, it is the Member States’ prerogative to

decide whether and how to regulate a profession within the limits of the principles of non

discrimination and proportionality.

(3) The principle of proportionality is one of the general principles of Union law. It follows from

the case-law **[3]** that national measures liable to hinder or make less attractive the exercise of

fundamental freedoms guaranteed by the Treaty should fulfil four conditions: they should be

applied in a non-discriminatory manner; they should be justified by public interest objectives;

they should be suitable for securing the attainment of the objective which they pursue; and

they should not go beyond what is necessary in order to attain it.

**3** Case C-55/94 Reinhard Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di
Milano [1995] ECR I-4165.

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(4) Directive 2005/36/EC of the European Parliament and of the Council **[4]** established the

obligation for Member States to assess the proportionality of their requirements restricting

access to or pursuit of regulated professions and to communicate to the Commission the

results of the assessment, launching the so-called mutual evaluation process. That process

meant that Member States had to carry out a screening of all their legislation on all

professions regulated in their territory.

(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to

be used by national competent authorities when assessing the proportionality of requirements

restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such

measures at all levels of regulation. To avoid fragmentation of the internal market and

eliminate barriers to taking-up and pursuit of certain employed or self-employed activities, it

is therefore necessary to establish a common approach at Union level, preventing

disproportionate measures from being adopted.

(6) In its Communication of 28 October 2015: ‘Upgrading the Single market: more opportunities

for people and businesses’ [5], the Commission identified the need to adopt an analytical

proportionality framework for Member States to use when reviewing existing regulations of

professions or proposing new ones.

(7) The activities covered by this Directive should concern the regulated professions falling

within the scope of Directive 2005/36/EC. **For the purposes of this Directive, the term**

**“regulated profession” should refer to both existing regulated professions as defined in**

**Directive 2005/36/EC and professions that Member States are considering to regulate**

**with the result that they will fall under the definition of “regulated profession” in**

**Directive 2005/36/EC.** This Directive should apply in addition to Directive 2005/36/EC and

without prejudice to other provisions laid down in a separate Union act concerning access to,

and the exercise of a given regulated profession.

**4** Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on
the recognition of professional qualifications (OJ L 255, 30.9.2005, p.22).
**5** COM (2015)550 final.

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**(7a) The directive establishes rules which should be applied before introducing new, or**

**amending existing, legislative, regulatory or administrative provisions restricting access**

**to or pursuit of regulated professions. Provisions which would not restrict access to or**

**pursuit of regulated professions, for instance editorial amendments or technical**

**adaptations to content of training courses, should not fall within the scope of this**

**directive.**

**(7b) Where Member States transpose specific requirements concerning the regulation of a**

**given profession established in a separate Union act, the assessment of proportionality as**

**set out in specific provisions of this directive should not be applied. Notwithstanding,**

**provisions pertaining to monitoring, information and transparency requirements as set**

**out in this directive should remain applicable.**

(8) Member States should be able to rely on a common regulatory framework based on clearly

defined legal concepts concerning the different ways to regulate a profession across the

Union. There are several ways to regulate a profession, for instance by reserving access to or

the pursuit of a particular activity to holders of a professional qualification. National

provisions may also regulate one of the modes of pursuit of a profession in laying down

conditions for the use of professional titles.

(9) The burden of proof of justification and proportionality lies on the Member States. The

reasons for regulation invoked by a Member State by way of justification should thus be

accompanied by an analysis of the appropriateness and proportionality of the measure adopted

by that State and by specific evidence substantiating its arguments **, taking account of the**

**specific circumstances of that Member State** . **Materials accompanying newly introduced**

**or amended provisions should include an explanation sufficiently detailed so as to make**

**it possible to appraise compliance with the principle of proportionality.**

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(10) It is appropriate to monitor the proportionality of ~~the~~ **new or amended** provisions restricting

access to or pursuit of regulated professions **after adoption** ~~on a regular basis and with a~~

~~frequency appropriate to the regulation concerned.~~ A review of the proportionality of

restrictive national legislation in the area of regulated professions should be based not only on

the objective of that legislation at the time of its adoption, but also on the effects of the

legislation, assessed after its adoption. The assessment of the proportionality of the national

legislation should be based on developments found to have occurred in the area **of the**

**regulated profession** since the legislation was adopted.

(11) Member States should carry out proportionality assessments **, including where a profession is**

**regulated indirectly by giving a particular professional body the power to do so,** in an

objective and independent manner ~~, including where a profession is regulated indirectly, by~~

~~giving a particular professional body the power to do so~~ ~~**,**~~ **taking into consideration objective**

**observations. Member States may obtain such views from any body they consider**

**relevant and capable of providing such views, including existing bodies that are part of**

**the national legislative process** . ~~In~~ **This is particularly important in cases where**

~~particular, while t~~ he assessment **is made by** ~~of the~~ local authorities, regulatory bodies or

professional organisations, whose greater proximity to local conditions and specialised

knowledge could in certain cases make them better placed to identify the best way of meeting

the public interest objectives, **and** ~~there is particular reason for concern in cases~~ where the

policy choice made by those authorities or bodies provides benefits to established operators at

the expense of new market entrants.

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(12) Where the taking-up and pursuit of certain employed or self-employed activities are

conditional on complying with certain provisions relating to specific professional

qualifications, laid down directly or indirectly by the Member States, it is necessary to ensure

that such provisions are justified by public interest objectives, such as those within the

meaning of the Treaty, namely public policy, public security and public health or by

overriding reasons of general interest, recognised as such in the case-law of the Court of

Justice **and which may continue to evolve** . It is important to ensure that public interest

objectives are adequately identified in order to determine the intensity of the regulation. For

example, in order to ensure a high level of protection of public health, Member States should

enjoy a margin of discretion to decide on the degree of protection which they wish to afford to

public health and on the way in which that protection is to be achieved. It is also necessary to

clarify that among the overriding reasons of general interest, recognised by the Court of

Justice, are preserving the financial equilibrium of the social security system; the protection of

consumers, recipients of services and workers; the safeguarding of the proper administration

of justice; fairness of trade transactions; combating fraud and prevention of tax evasion and

avoidance; ~~road~~ **transport** safety; the protection of the environment and the urban

environment; the health of animals; intellectual property; the safeguarding and conservation

of the national historic and artistic heritage, social policy objectives and cultural policy

objectives. According to settled case-law, purely economic reasons, having essentially

protectionist aims, as well as purely administrative reasons, such as carrying out controls or

gathering statistics cannot constitute an overriding reason of general interest.

**(12a) It is for the Member States to determine the level of protection which they wish to afford**

**to the public interest objectives and the proportionate way in which that level is to be**

**achieved. The fact that one Member State imposes less strict rules than another Member**

**State does not mean that the latter Member State’s rules are disproportionate and**

**therefore incompatible with EU law.**

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(13) Where a Member State intends to regulate a profession or to amend existing rules, account

should be taken of the nature of the risks related to the public interest objectives pursued, in

particular the risks to consumers, to professionals or third parties. It should also be borne in

mind that, in the field of professional services, there is usually an asymmetry of information

between consumers and professionals. Professionals display a high level of technical

knowledge which consumers may not have and consumers therefore find it difficult to judge

the quality of the services provided to them **, which may still be the case despite the**

**potential reduction in the asymmetry of information between professionals and service**

**recipients as a result of scientific and technological developments** .

(14) To meet the requirement of proportionality, the measure should be suitable for securing the

attainment of the objective pursued. A measure should only be considered suitable for

securing the attainment of the objective pursued, if it genuinely reflects a concern to attain

that objective in a consistent and systematic manner, for instance where similar risks related

to certain activities are addressed in a comparable way and where any exceptions to the

restrictions involved are applied in line with the stated objective. Furthermore, the national

measure should contribute to achieving the objective pursued and therefore, where it has no

effect on the ground for justification, it should not be considered as suitable.

(15) Requirements linked to professional qualifications should be considered as necessary only

where existing measures, such as consumer protection law, cannot be regarded as being

suitable or genuinely effective to achieve the aim pursued.

(16) Among the elements to be taken into account by national authorities, the following are of

most relevance: the link between the scope of professional activities covered by a profession

and the professional qualification required; the complexity of the tasks in particular as regards

the level, the nature and the duration of the training or experience required; the existence of

different routes to obtain the professional qualification; the scope of the professional

activities, reserved to holders of a particular professional qualification, and in particular

whether the activities reserved to certain professionals can be shared with other professionals;

the degree of autonomy in exercising a regulated profession in particular where the activities

relating to a regulated profession are pursued under the control and responsibility of a duly

qualified professional.

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(17) Where a Member State regulates a profession, account should be taken of the fact that

technological developments may reduce the asymmetry of information between consumers

and professionals. In view of the speed of technological change and scientific progress, up

dates in access requirements may be of particular importance for a number of professions.

(18) The economic impact of the measure, ~~including a cost-benefit analysis~~ with particular regard

to the **quality of the service provided,** ~~degree of~~ competition in the market ~~and the quality of~~

~~the service provided,~~ as well as the impact on the right to work and on the free movement of

persons and services within the Union **,** should be duly taken into account by the ~~competent~~

~~authorities~~ **Member States** . Based on this analysis, Member States should ascertain, in

particular, whether the extent of the restriction of access to or pursuit of regulated professions

~~within the Union~~ is proportionate to the importance of the objectives pursued and the

expected gains.

(19) Member States should carry out a comparison between the national measure at issue and the

alternative and less restrictive solutions that would allow the same objective to be attained but

would impose fewer restrictions. Where the measures are justified by consumer protection

and where the risks identified are limited to the relationship between the professional and the

consumer without negatively affecting third parties, the objective could be attained by less

restrictive means than reserving activities to professionals ~~, such as protection of the~~

~~professional title or enrolment on a professional register.~~ ~~Regulation by way of reserved~~

~~activities should be used only in cases where the measures aim at preventing a risk of serious~~

~~harm to public interest objectives.~~

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(20) ~~The national authorities~~ **Member States** should carry out ~~a global~~ **an overall** assessment of

the circumstances in which the ~~restrictive measure~~ **requirement** is adopted and implemented

and examine in particular the ~~cumulative~~ effect of imposing several requirements **taken**

**together** in addition to the specific professional qualification. The taking-up and pursuit of

certain activities may be conditional on complying with certain provisions such as rules

relating to the organisation of the profession, compulsory membership of a professional body,

professional ethics, supervision and liability. Therefore, when assessing the ~~cumulative~~ effect

of the **new or amended** measures, ~~the competent authorities~~ **Member States** should also take

into account **the combined effect of those measures with** other existing requirements, such

as continuous professional development, compulsory chamber membership, registration or

authorisation schemes, quantitative restrictions, specific legal form requirements and

shareholding requirements, territorial restrictions, multidisciplinary restrictions and

incompatibility rules, requirements concerning insurance cover as well as language

knowledge requirements, to the extent necessary to practise the profession. **When doing so,**

**existing requirements which are not being amended would not be subject to a new**

**proportionality assessment.** A measure introduced by a Member State cannot be regarded as

necessary to achieve the objective pursued if it essentially duplicates requirements which have

already been introduced in the context of other rules or procedures.

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**(20a) The introduction of additional requirements may provide an added value to the public**

**interest objective and the fact that their combined effect should be assessed does not**

**mean that those requirements are disproportionate. For instance, continuous**

**professional development requirements may be suitable to ensure that professionals**

**keep abreast of developments in their respective areas, while contributing to safe**

**practice in professions with particular risks, and where it covers technical, scientific,**

**regulatory and ethical developments, and motivates professionals to participate in**

**lifelong learning relevant to their profession; while for some professions where it is**

**necessary and suitable to achieve the public interest objective, compulsory chamber**

**membership may be considered to be appropriate to ensure adequate supervision.**

**(20b) The proportionality criteria as set out in this Directive may be applied to the**

**appropriate extent and degree of intensity during an assessment of proportionality**

**undertaken before introducing new provisions, or amending existing ones. The extent**

**and degree of intensity applied during the assessment should be proportionate to the**

**content of the provision being introduced and its impact.**

(21) It is essential for the proper functioning of the internal market to ensure that Member States

provide information to ~~citizens,~~ representative associations or other relevant stakeholders

before introducing new **, or amending existing,** measures restricting access to or pursuit of

regulated professions and give them the opportunity to make known their views.

(22) ~~To facilitate~~ **For the purposes of encouraging Member States to share adequate and**

**regularly updated information on the regulation of professions, the Commission should**

**facilitate** the exchange of best practices **among Member States, including the particular**

**way Member States regulate a profession and the effects of such regulation.** ~~each~~

~~Member State should encourage the relevant competent authorities to share adequate and~~

~~regularly updated information with other Member States on the regulation of professions.~~

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(23) In order to increase transparency and promote proportionality assessments based on

comparable criteria, it is important that the information submitted by Member States be easily

accessible in the database of regulated professions to allow ~~all interested parties~~ **Member**

**States** to submit comments.

(24) Since the objectives of this Directive, namely the removal of disproportionate restrictions on

access to or pursuit of regulated professions cannot be sufficiently achieved by the Member

States but can rather, by reason of the scale of the action, be better achieved at Union level,

the Union may adopt measures, in accordance with the principle of subsidiarity as set out in

Article 5 of the Treaty on European Union. In accordance with the principle of

proportionality, as set out in that Article, this Directive does not go beyond what is necessary

in order to achieve those objectives,

HAVE ADOPTED THIS DIRECTIVE:

_Article 1_

_Subject matter_

This Directive lays down rules on a common framework for conducting proportionality assessments

before introducing new **, or amending existing,** legislative, regulatory or administrative provisions

restricting access to or pursuit of regulated professions ~~, or amending existing ones,~~ with a view to

ensuring the proper functioning of the internal market.

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_Article 2_

_Scope_

1. This Directive shall apply to **the legislative, regulatory or administrative provisions**

~~requirements under the legal systems~~ of the Member States restricting access to a regulated

profession or its pursuit, or one of its modes of pursuit, including the use of professional titles

and the professional activities allowed under such title, falling within the scope of

Directive 2005/36/EC.

2. **To the extent Member States transpose** ~~Where~~ specific ~~arrangements~~ **requirements**

concerning the regulation of a given profession **as detailed** ~~are established~~ in a separate

Union act, ~~the corresponding~~ ~~provisions~~ **Articles 4, 5 and 6, with the exception of Article 4**

**(4),** of this Directive shall not apply. **The paragraph shall not apply to requirements**

**established in Union law that leave Member States a choice as to their exact way of**

**transposition.**

_Article 3_

_Definitions_

For the purpose of this Directive, the definitions of Directive 2005/36/EC shall apply **with the**

**understanding that the term “regulated profession” shall refer to both existing regulated**

**professions and professions Member States are considering to regulate.**

In addition, the following definitions shall apply:

(a) "protected professional title" means a form of regulating a profession where the use of

the title in a professional activity or group of professional activities is subject to a

particular professional qualification in the relevant field by virtue of legislative,

regulatory or administrative provisions, either directly, or indirectly, and where the

improper use of this title is subject to sanctions ~~or other measures.~~

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(b) "reserved activities" means a form of regulating a profession where the access to a

professional activity or group of professional activities is reserved, directly or indirectly,

by virtue of legislative, regulatory or administrative provisions to members of a

regulated profession, including where the activity is shared with other regulated

professions.

_Article 4_

_Ex ante assessment of new measures_ _**and monitoring**_

1. Member States shall ~~ensure that~~ ~~**u**~~ **ndertake an assessment of proportionality in accordance**

**with the rules laid down in this Directive** before introducing new **, or amending existing,**

legislative, regulatory or administrative provisions restricting access to or pursuit of regulated

professions ~~, or amending existing ones,~~ ~~the relevant competent authorities undertake an~~

~~assessment of their proportionality in accordance with the rules laid down in this Directive.~~

2. Any provision referred to in paragraph 1 shall be accompanied by ~~a detailed~~ ~~statement~~ **an**

**explanation** making it possible to appraise compliance with the principle of proportionality.

3. The reasons for considering that a provision is justified ~~, necessary~~ and proportionate shall be

substantiated by qualitative and, wherever possible **and relevant**, quantitative ~~evidence~~

**means, taking account of the specific circumstances of that Member State** .

4. Member States shall monitor the proportionality of **new or amended** legislative, regulatory or

administrative provisions restricting access to or pursuit of regulated professions ~~on a regular~~

~~basis~~ **after adoption,** ~~and with a frequency appropriate to the regulation~~ ~~concerned,~~ having

due regard to any developments that have occurred since the measure concerned was adopted.

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5. Member States shall take the necessary measures to ensure that the assessment of

proportionality referred to in paragraph 1 is carried out in an objective and independent

manner ~~including through~~ **taking into consideration** ~~involvement~~ of ~~independent~~ **objective**

~~scrutiny bodies~~ **observations** .

_Article 5_

_Justification on grounds of public interest objectives_

1. Member States shall ensure that legislative, regulatory or administrative provisions restricting

access to or pursuit of regulated professions they intend to introduce and amendments they

intend to make to existing provisions are justified by public interest objectives.

2. ~~The relevant competent authorities~~ **Member States** shall consider in particular whether those

provisions are objectively justified on the basis of public policy, public security or public

health, or by overriding reasons in the public interest, such as preserving the financial

equilibrium of the social security system, the protection of consumers, recipients of services

and workers, the safeguarding of the proper administration of justice, fairness of trade

transactions, combating fraud and prevention of tax evasion and avoidance, ~~road~~ **transport**

safety, the protection of the environment and the urban environment, the health of animals,

intellectual property, the safeguarding and conservation of the national historic and artistic

heritage, social policy objectives and cultural policy objectives.

3. Grounds of a purely economic nature ~~having essentially protectionist aim or effects~~ or purely

administrative reasons shall not constitute overriding reasons in the public interest, justifying

a restriction on access to or pursuit of regulated professions.

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_Article 6_

_Proportionality_

1. Before introducing new **, or amending existing,** legislative, regulatory or administrative

provisions restricting access to or pursuit of regulated professions ~~or amending existing ones,~~

Member States shall assess whether those provisions are ~~necessary and~~ suitable for securing

the attainment of the objective pursued and do not go beyond what is necessary to attain that

objective.

2. When **Member States assess** ~~assessing~~ the necessity and the proportionality of the

provisions, the **extent of the assessment shall be proportionate to the content and the**

**impact of the provision.** ~~relevant competent authorities shall consider in particular:~~

**Member States shall consider:**

(a) the nature of the risks related to the public interest objectives pursued, in particular the

risks to ~~consumers~~ **service recipients including consumers**, to professionals or third

parties;

(b) the suitability of the provision ~~namely as regards its appropriateness~~ to attain the

objective pursued ~~and whether it genuinely reflects that objective in a consistent and~~

~~systematic manner and thus, addresses the risks identified in a similar way as in~~

~~comparable activities;~~

**(ba) whether the provision genuinely reflects the objective pursued in a consistent and**

**systematic manner;**

(c) the necessity of the provision and in particular whether existing rules of a specific or

more general nature, such as product safety legislation or consumer protection law, are

insufficient to protect the objective pursued;

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**(ca) the economic impact of the measure, with particular regard to the degree of**

**competition in the market and the quality of the service provided, as well as the**

**impact on the free movement of persons and services within the Union;**

**(cb) the possibility to use less restrictive means to achieve the public interest objective;**

**where the risks identified are limited to the relationship between the professional**

**and the consumer without negatively affecting third parties, the Member States**

**shall assess in particular whether the objective can be attained by other means**

**than reserving activities;**

**(cc) the effect of the new or amended provisions when combined with other**

**requirements restricting access to or pursuit of the profession, and in particular**

**how the new or amended provisions, combined with other requirements,**

**contribute to and whether they are necessary to achieve the same public interest**

**objective.**

**Member States shall also consider the following elements where relevant to the provision**

**being introduced or amended:**

(d) the ~~link~~ **connection** between the scope of activities covered by a profession or reserved

to it and the professional qualification required;

(e) the ~~link~~ **connection** between the complexity of the tasks and the necessary possession of

specific professional qualifications, in particular as regards the level, the nature and the

duration of the training or experience required ~~, as well as the existence of different~~

~~routes to obtain the professional qualification;~~

**(ea) the possibility to obtain the professional qualification through alternative routes;**

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(f) ~~the scope of the professional activities reserved to holders of a particular professional~~

~~qualification, namely w~~ hether and why the activities reserved to certain professions can

or cannot be shared with other professions;

(g) the degree of autonomy in exercising a regulated profession and the impact of

organisational and supervision arrangements on the attainment of the objective pursued,

in particular where the activities relating to a regulated profession are pursued under the

control and responsibility of a duly qualified professional;

(h) the scientific and technological developments which may **effectively** reduce the

asymmetry of information between professionals and consumers;

~~(i)~~ ~~the economic impact of the measure, with particular regard to the degree of competition~~

~~in the market and the quality of the service provided, as well as the impact on the free~~

~~movement of persons and services within the Union;~~

~~(j)~~ ~~the possibility to use less restrictive means to achieve the public interest objective;~~

~~(k)~~ ~~the cumulative effect of restrictions to both access to and pursuit of the profession, and~~

~~in particular how each of those requirements contributes to and whether it is necessary~~

~~to achieve the same public interest objective.~~

~~3.~~ ~~For the purposes of paragraph 2(j), where the measures are justified by consumer protection~~

~~and where the risks identified are limited to the relationship between the professional and the~~

~~consumer without negatively affecting third parties, the relevant competent authorities~~

~~Member States shall assess in particular whether the objective can be attained by protected~~

~~professional title another form of regulation~~ ~~without reserving activities.~~

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4. For the purposes of paragraph 2( ~~k~~ ~~**c**~~ **c** ), ~~the relevant competent authorities~~ **Member States** shall

assess ~~in particular~~ the ~~cumulative~~ effect **of the new or amended provision when combined**

**with one or more** ~~of imposing any of the following~~ requirements **, in particular the**

**following** :

(a) reserved activities ~~, existing alongside protected professional title;~~

**(aa) protected professional title;**

(b) **obligations to undergo** continuous professional development requirements;

(c) rules relating to the organisation of the profession, professional ethics and supervision;

(d) compulsory chamber membership, registration or authorisation schemes, in particular

where those requirements imply the possession of a particular professional

qualification;

(e) quantitative restrictions, in particular requirements limiting the number of authorisations

to practise, or fixing a minimum or a maximum number of employees, managers or

representatives holding particular professional qualifications;

(f) specific legal form requirements or requirements which relate to the shareholding or

management of a company, to the extent those requirements are directly linked to the

exercise of the regulated profession;

(g) territorial restrictions, ~~in particular~~ **including** where the profession is regulated in parts

of a Member State’s territory in a different manner;

(h) requirements restricting the exercise of a regulated profession jointly or in partnership,

as well as incompatibility rules;

(i) requirements concerning insurance cover or other means of personal or collective

**protection** with regard to professional liability;

(j) language knowledge requirements, to the extent necessary to practise the profession.

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_Article 7_

_Information and involvement of stakeholders_

Member States shall, by appropriate means, ~~inform~~ **make information available to** ~~citizens,~~

service recipients ~~, representative associations~~ and **other** relevant stakeholders **including those who**

**are not** ~~other than the~~ members of the profession before introducing new **, or amending existing,**

legislative, regulatory or administrative provisions restricting access to or pursuit of regulated

professions ~~, or amending existing ones,~~ and give them the opportunity to make known their views.

**To this purpose, Member States may use national procedures.**

_Article 8_

_Exchange of information between_ ~~_competent authorities_~~ _**Member States**_

1. For the purposes of the efficient application of this Directive, ~~before introducing new~~

~~legislative, regulatory or administrative provisions restricting access to or pursuit of regulated~~

~~professions, or amending existing ones, Member States~~ **the Commission** shall ~~encourage~~

**facilitate** the exchange of information ~~with~~ **among** ~~competent authorities of other M~~ ember

States on matters covered by this Directive, ~~such~~ **as well** as the particular way they regulate a

profession or the effects of **such** regulation ~~identified in similar sectors of activities, on a~~

~~regular basis, or, where appropriate, on an ad hoc basis.~~

2. Member States shall inform the Commission of the ~~competent~~ **public** authorities responsible

for transmitting and receiving information for the purposes of applying paragraph 1.

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_Article 9_

_Transparency_

1. The reasons for considering that provisions, assessed in accordance with this Directive, are

justified ~~, necessary~~ and proportionate, and which are communicated to the Commission

pursuant to paragrap ~~hs~~ 5 ~~and 6~~ of Article 59 of Directive 2005/36/EC, shall be recorded by

~~the relevant competent authorities~~ **the Member States** in the database of regulated

professions, referred to in Article 59 paragraph 1 of Directive 2005/36/EC **,** and thereafter

made publicly available by the Commission **except at the express request of the Member**

**State concerned not to make those reasons publicly available. Any such request shall be**

**supported by reasons** .

2. Member States ~~and other interested parties~~ may submit comments **on the provisions and the**

**reasons for considering that those provisions are justified and proportionate** to the

Commission or to the Member State which has ~~notified~~ **communicated** the provisions.

_Article 10_

_Review_

1. By 18 January 2024 and every five years thereafter, the Commission shall submit a report to

the European Parliament and to the Council on the implementation and performance of this

Directive, including, among other aspects, its scope and its effectiveness.

2. Where appropriate, the report referred to in paragraph 1 shall be accompanied by relevant

proposals.

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_Article 11_

_Transposition_

1. Member States shall bring into force the laws, regulations and administrative provisions

necessary to comply with this Directive by **24 months** at the latest. They shall forthwith

communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive

or be accompanied by such a reference on the occasion of their official publication. Member

States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of

national law which they adopt in the field covered by this Directive.

_Article 12_

_Entry into force_

This Directive shall enter into force on the [twentieth] day following that of its publication in the

_Official Journal of the European Union_ .

_Article 13_

_Addressees_

This Directive is addressed to the Member States.

Done at Brussels,

_For the European Parliament_ _For the Council_

_The President_ _The President_

___________________

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