The notification procedure for a proportionality test is based on the government decree on a proportionality test before the adoption of new regulation of professions, which has implemented Directive (EU) 2018/958 of the European Parliament and of the Council into national law in Finland.

The objective of the Proportionality Test Directive is to create a uniform legal framework for conducting proportionality tests before introducing new, or modifying existing, legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions.

The Proportionality Test Directive lays down the rules for proportionality tests to be carried out before introducing new regulation on professions within the scope of the Professional Qualifications Directive or amending existing regulations.

The Directive has been implemented nationally by a government decree on a proportionality test preceding the adoption of regulation on professions (376/2020).

Proportionality tests are carried out by the authority responsible for statute drafting on the regulation of professions.

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The competent authority (relevant Ministry) shall notify the European Commission's regulated professions database of the grounds for the proportionality test. The competent authority shall also append to its grounds references to new or amended statutes and their explanatory memorandums in order to enable the Commission, other Member States and interested parties to have access to them. The notification may be made in English.

The competent authorities shall also inform the European Commission of the authorities responsible in their field of competence for the provision and reception of information relating to the regulation of professions and to proportionality tests. Further information is provided by the Ministry of Education and Culture (katri.tervonen [at] minedu.fi (katri[dot]tervaspalo[at]gov[dot]fi)).

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The European Commission maintains a database of regulated professions. It contains information on the

  • regulated professions
  • regulatory justifications and  statutes of each Member State
  • competent authorities responsible for the recognition of professional qualifications

The authority responsible for the drafting of statutes on the regulation of professions  is responsible for ensuring that the information on regulated professions is kept up-to-date in the database.

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Guidance on the assessment of proportionality

The European Commission has published guidance on the assessment of proportionality pursuant to the Proportionality Test Directive. This guidance is aimed at supporting authorities in carrying out proportionality assessments of new national regulations which restrict access to or exercise of professions before these rules are adopted.

Report from the Commission to the European Parliament and Council on the implementation of the Proportionality Test Directive