WRITTEN QUESTION P-1234/00 by Karin Scheele (PSE) to the Commission. The softener diethylhexyladepate in PVC.
28. 12. 2000 EN Official Journal of the European Communities C 374 E/211 must first of all gain a very high mark in the examinations leading to the award of the Grosse Deutsche Sprachdiplomí (advanced German language diploma) and then sit aptitude tests or take conversion courses if she fails to meet any of the requirements imposed under the examination regulations applicable to teachers. 1. What view does the Commission take of the ways (advanced German language diploma, aptitude tests, conversion courses) in which this teacher is required to prove her abilities in the light of the anti- discrimination laws applicable to EU citizens and the principle of the free movement of persons? 2. Whilst acknowledging that, pursuant to the subsidiarity principle, education is a matter for the Member State or their regions, will insistence on the above principles not mean that the requirements for recognition are made so stringent that it will to all intents and purposes be impossible for a teacher to practise his or her profession in another Member State? Answer given by Mr Bolkestein on behalf of the Commission (18 May 2000) The recognition of teaching qualifications is governed by Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of three years duration (1). This Directive provides that professional education and training of at nationals from one Member State have the right to exercise in another Member State a profession for which they are fully qualified in their Member State of origin. The Directive does not harmonise the different training courses required in each Member State for access to the various professions. For this reason, Article 4 of the Directive provides that the host Member State can impose on the migrant a compensatory measure (i. e. an aptitude test or an adaptation period, the migrant may decide) when there are substantial differences between the migrantís education and training and the requirements in the host Member State. least Accordingly, the Bavarian authorities have the right to impose on the holder of a teaching diploma awarded in another Member State the completion of an adaptation period or to take an aptitude test in order to make good a deficiency detected in his education and training in comparison to that required in Bavaria. Language requirements, according to Article 3(1) of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (2), are compatible with Community law when they are justified by the nature of the post to be filled. The Court of justice has stated that a post of lecturer in public vocational education institutions is a post justifying the requirement of linguistic knowledge, within the meaning of Article 3(1) of the above mentioned Regulation, provided that such a requirement is imposed in a proportionate and non-discriminatory manner (Judgment of 28 November 1989, Case C-379/87). The Commission considers that the Bavarian legislation does not infringe these principles, since it provides that the competent authority may accept other evidence, apart from the Große Deutsche Sprachdiplomí, of the applicant. As far the Commission is aware, the Bavarian authorities require the Große Deutsche Sprachdiplomí only when the migrant cannot prove otherwise that he has the linguistic knowledge necessary to teach the specific subjects covered by the authorisation requested. the linguistic knowledge of (1) OJ L 19, 24. 1. 1989. (2) OJ L 257, 19. 10. 1968. (2000/C 374 E/250) WRITTEN QUESTION P-1234/00 by Karin Scheele (PSE) to the Commission (10 April 2000) Subject: The softener diethylhexyladepate in PVC In the retail food trade in Austria, food items available for self-service, such as cheese in portions are generally wrapped in cling-film (which may be made from PVC) to keep them fresh. These PVC films C 374 E/212 Official Journal of the European Communities EN 28. 12. 2000 contain the softener diethylhexyladepate, which is suspected of being dangerous to health. In some cases this softener is added to foodstuffs, particularly those with a high fat content. Commission Directive 89/109/EEC of 21 December 1989 (1) (as amended by Dir. 95/3/EEC (2)), relating to materials and articles intended to come into contact with foodstuffs, sets a general limit value of 60 mg/kg. A study carried out by the Salzburg (Austria) food research institute showed, however, that this value was exceeded in 73 % of cases, sometimes by up to four times the acceptable daily intake. 1. Has the Commission recently carried out or ordered any studies on possible health risks of diethylhexyladepate, or has it any plans to do so in the near future? If studies already exist, what were the results of these studies? Has the Commission considered the possibilities of banning PVC films (particularly those containing 2. the softener diethylhexyladepate) as food packagings? Is the Commission planning to prescribe a particular limit value for diethylhexyladepate? If so, what 3. limit value does it propose? (1) OJ L 40, 11. 2. 1989, p. 38. (2) OJ L 41, 23. 2. 1995, p. 44. Answer given by Mr Byrne on behalf of the Commission (10 May 2000) 1. The Commission is aware of the problem of migration of plasticisers into fatty foodstuffs, and has therefore requested the advice of the scientific committee on food (SCF) on the toxicity of diethylhex- yladipate (DEHA). The SCF is the scientific committee which deals with all issues related to food contact materials. The SCF, in its session of 16 December 1994, established a tolerable daily intake (TDI) for this substance of 0,3 milligrammes per kilogramme body weight (mg/kg b. w). This means that a 60 kg person can tolerate daily during his lifetime a dietary exposure of 18 mg DEHA. Two studies were carried out by the Ministry of agriculture, food and fisheries (MAFF) of the United Kingdom to estimate the real exposure of the consumer, by taking into account the level of DEHA in the daily diet in the United Kingdom. Both surveys indicated that the estimated exposure of the consumer was lower (and in the second survey, substantially lower) than the tolerable value established by the SCF. No. A ban on polyvinyl chloride (PVC) films (particularly those containing the softener diethylhex- 2. yladipate), does not appear justified on the basis of the available scientific evidence at present. However, the Commission will continue to monitor developments in this area. 3. Yes. The Commission is preparing a new amendment of Commission Directive 90/128/EEC of 23 February 1990 relating to plastic materials and articles intended to come into contact with foodstuffs (1) to regulate the specific migration of DEHA. It is premature at this stage to indicate the future value of the specific migration limit. In fact, the consultation of the interested parties (Member States, enforcement laboratories, etc. ) is not yet finished, and other statistical data are expected which may affect the estimation of the real exposure and the Commission position on this issue. (1) OJ L 75, 21. 3. 1990