WRITTEN QUESTION E-1223/00 by Jannis Sakellariou (PSE) to the Commission. Recognition of French teachers in Bavarian schools.
C 374 E/210 Official Journal of the European Communities EN 28. 12. 2000 (2000/C 374 E/248) WRITTEN QUESTION P-1221/00 by Robert Evans (PSE) to the Commission (10 April 2000) Subject: Transport of live animals ü use of approved staging points in Italy Council Directive 91/628/EEC (1) (as amended by Council Directive 95/29/EC (2)) on the protection of animals during transport lays down that animals must be unloaded and given 24 hours rest, food and water after travelling for 29 hours in the case of sheep and 24 hours in the case of pigs. This obligatory unloading, feeding, watering and resting must take place at a staging point which has been approved by the Member State under Council Regulation No 1255/97 (3). Many pigs, sheep and cattle are transported on long journeys to Italy from other Member States. Which approved Italian staging points are in practice used for the unloading, feeding, watering and resting of animals which enter northern Italy from other Member States and are then transported through Italy to southern Italy or Greece? (1) OJ L 340, 11. 12. 1991, p. 17. (2) OJ L 148, 30. 6. 1995, p. 52. (3) OJ L 174, 2. 7. 1997, p. 1. Answer given by Mr Byrne on behalf of the Commission (4 May 2000) Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Council Directive 91/628/EC as amended by Council Directive 95/29/EC of 29 June 1995 on the protection of animals during transport provides (Article 3(1) that Member States shall ensure that staging points are approved by the competent authority of the Member State in whose territory they are situated. í The competence of the Commission is defined in paragraph 3 of the same article, which states that The competent authority shall notify the Commission of the list of approved staging points and any updates. The Commission shall present this information to Member States in the framework of the Standing Veterinary Committeeí. Additionally, in order to increase the diffusion of this list to the public and in particular to non- governmental organisations such as transporters and animal protection organisations, the Commission has also made the staging point list available at the following Internet address: http://forum. europa. eu. int/Public/irc/dg6/vets/info/data/stagpt/stagpt. htm Concerning the transport of animals to Greece or to Southern Italy, the last update of the list on 31 March 2000 mentioned seven staging points in Italy. The last staging point communicated by the Italian authorities is located in the province of Bari (Puglia region) which corresponds to the main route used for the transport of sheep to Greece. Another Italian staging point is situated in the province of Roma (Lazio region) on one of the main routes to Southern Italy. The Commission is following with particular attention the development of the network of staging points within the territory of the Community. (2000/C 374 E/249) WRITTEN QUESTION E-1223/00 by Jannis Sakellariou (PSE) to the Commission (14 April 2000) Subject: Recognition of French teachers in Bavarian schools In order to be recognised as a teacher at a school in Bavaria, a Frenchwoman trained as a high school teacher of German and French (CAPES diploma) and with 10 yearsí teaching experience in a French school 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