Commission publishes the first report on the implementation of the Proportionality Test Directive (Directive (EU) 2018/958)

The Proportionality Test Directive (PTD), Directive (EU) 2018/958, helps prevent EU countries from adopting disproportionate rules that could impede access to or the pursuit of regulated professions, such as those of lawyers, architects, engineers or accountants, and disrupt the EU single market. 

It thus contributes to reducing barriers and administrative burden in professional services, often provided by SMEs and micro-enterprises. Every five years, the Commission will submit a report to the European Parliament and the Council on the implementation and performance of this Directive. The present report is the first implementation report.

The Directive, rooted in the EU’s principle of proportionality, aims to ensure new rules on regulated professions are justified and proportionate. It requires EU countries to thoroughly assess proportionality before adopting or amending professional regulations, using a standardized framework with clear criteria to guide decision-making. By promoting proportionate, evidence-based regulation, the Directive strengthens professional mobility, supports competitiveness, and contributes to economic growth across the EU.

The report notes that two-thirds of EU countries did not meet the original transposition deadline, with full transposition reached 2.5 years late. Moreover, in over 20 EU countries, further enforcement actions were necessary to align their laws with the Directive fully, and eight infringement cases remain open. Most transposition issues are now resolved, though practical application challenges persist. The Commission recommends closely monitoring how the proportionality test is applied, especially for measures introduced by professional bodies and parliament.

The Directive has improved regulatory practices, with two-thirds of EU countries reporting enhanced proportionality assessments. To aid implementation, the Commission has provided guidelines and training, though additional support may still be needed.

This report underscores the Directive’s positive impact on balanced regulation within the EU single market and reinforces the Commission’s commitment to advancing the principle of proportionality across all sectors. 

Documents

Report on the  implementation of the Proportionality Test Directive (Directive (EU) 2018/958)