Answer given by Ms Bieńkowska on behalf of the Commission

1.9.2017

Article 59 of the Professional Qualifications Directive[1] introduced the mutual evaluation exercise under which Member States were asked to evaluate their existing regulations. The Commission supported Member States during this exercise by issuing a communication, analytical grids and by providing guidance, organising workshops etc.

The uneven and often insufficient outcome of this exercise made clear that a more structured and transparent approach as to how such assessments need to be made would be beneficial, especially considering the obligation imposed on Member States under Article 59 of Directive 2005/36. The newly proposed Directive is therefore a consequence of Article 59(9) of the Professional Qualifications Directive, which foresees the possibility for the Commission to make proposals for further initiatives depending on the outcome of the mutual evaluation exercise.

The newly proposed Directive on a proportionality test not only provides for clear criteria based on which a proportionality test should be performed, but also includes procedural issues, stakeholder involvement and transparency. These elements were deemed necessary to be introduced for the proper conduct of such assessments.

Consequently, it was considered more appropriate to introduce these through a separate legal act. Furthermore, the directive 2005/36/EC has been amended only recently by Directive 2013/55/EU, for which an implementation report is due in January 2019.

• [1] Directive 2005/36/EC.