WRITTEN QUESTION E-1004/00 by Karin Riis-Jørgensen (ELDR) to the Commission. Unlawful restriction of free movement of labour.
Date: 2000-03-31
Institutions: European Parliament, Provisional data
Subjects: Italy, access to a profession, infringement of EU law, tourist profession

28.12.2000

EN

Official Journal of the European Communities

C 374 E/199

Could the Commission explain:

1. On what basis the Scientific Committee for Food will define upper safe limits for vitamin and mineral
intakes, and how the Commission will utilise these in defining maximum limits for food fortification
in the Directive?

2. Whether the Directive will allow the use of those vitamins and minerals, which it has listed in the

Directive on Dietary Foods for Special Medical Purposes (1999/21)?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2000)

The Commission has given a mandate to the scientific committee for food (SCF) to review the upper
1.
levels of daily intakes of vitamins and minerals that are unlikely to pose a risk of adverse health effects.
The SCF is responsible for ensuring that its review is consistent with the principles of scientific risk
assessment.

The Commission intends to include in its proposal for a directive on fortified foods the principles and
criteria to be taken into consideration for defining maximum limits for added vitamins and minerals. In
view of the early stage of the preparation of the above proposal the Commission is not in a position to
give details on these principles and criteria. One of these principles, for example, will be the basic principle
of food law, namely that the products resulting from the addition of vitamins and minerals should be safe.
Potential intakes from all food sources will also be one of the criteria that will have to be considered.

On the basis of the upper safe levels derived through scientific risk assessment by the SCF and applying the
defined criteria and principles as part of risk management assessment, maximum limits of vitamins and
minerals in the fortified foods will then be set.

2.
Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical
purposes (1) does indeed include a list of vitamins and minerals that should be present in these products.
The SCF adopted on 12 May 1999 an opinion on nutritional substances that may be added to foods for
particular nutritional uses. That report includes a list of vitamins and minerals similar to that included in
Directive 1999/21/EC. These lists will serve as the basis for establishing the list of vitamins and minerals
that may be added to fortified foods.

(1) OJ L 91, 7.4.1999.

(2000/C 374 E/236)

WRITTEN QUESTION E-1004/00

by Karin Riis-Jłrgensen (ELDR) to the Commission

Subject: Unlawful restriction of free movement of labour

(31 March 2000)

In order to be approved as an authorised tourist guide in Italy, the following conditions must be satisfied:

(cid:129) Would-be guides must pass an Italian examination, which is not held on a regular basis; it may be up

to 10-15 years before the next examination.

(cid:129) Part of the examination consists of a test in written Italian. The standards are very strict and many of
the foreign guides fail this part of the examination. The guides speak fluent Italian but often do not
write as well as the national guides. The written Italian requirement does not seem relevant as the
guides often guide in their native language.

(cid:129) A passed examination only entitles the holder to practise in the town or region in which the
examination was passed, which makes it impossible for guides to accompany groups on tours
throughout the country.

Is it the Commission(cid:146)s view that this form of examination and issuing of authorisations is consistent with
Community rules on the free movement of labour?

C 374 E/200

Official Journal of the European Communities

EN

28.12.2000

Answer given by Mr Bolkestein on behalf of the Commission

(17 May 2000)

The profession of tourist guide is subject in Italy to the possession of a qualification at the level indicated
in Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of
professional education and training to supplement Directive 89/48/EEC (1). The Directive provides that
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 host Member State can require the
migrant to undergo an adaptation period or an aptitude test when there are substantial differences between
the migrant(cid:146)s education and training and the requirements in the host Member State.

Italy has implemented the Directive through a decree adopted in 1994 ((cid:145)Decreto Legislativo 2 maggio
1994, No 319(cid:146)). This decree provides that recognition can be made subject to the accomplishment of an
adaptation period or an aptitude test, at the option of the applicant, when there are substantial differences
between the applicant(cid:146)s training and the training laid down by national law. Applicants can assert their
rights pursuant to this decree that appears in line with Community law.

As far as the Commission is aware, aptitude tests are regularly held for the applicants who have opted for
this kind of compensatory measure. The test is in Italian, but it is aimed to assess the professional
knowledge of the applicant on specific subjects necessary for the pursuit of the profession (i.e. archaeology
or art history) and not linguistic skills. In any case, it is for the applicant to chose between the aptitude test
and the adaptation period that does not involve a written examination.

As regards the geographical scope of the authorisations, the Commission would remind the Honourable
Member that under the Directive the applicant has the right to exercise the profession on the same
conditions as those which apply to the host Member State nationals. That said, the authorisations granted
to Italian nationals under the provisions governing entry to this profession in Italy are no broader than the
authorisations granted to Community nationals under the recognition system, as they are valid only in the
region issuing them. The extension of the authorisation to other regions is governed by internal law, which
applies equally to all Community nationals. The particular local cultural and historical aspects inherent to
this area of activity would seem capable of
the
Commission takes the view there is no clear infringement of Community law.

justifying specific regional provisions. Therefore,

(1) OJ L 30, 9.2.1995 (as last modified).

(2000/C 374 E/237)

WRITTEN QUESTION E-1021/00

by Dirk Sterckx (ELDR) to the Commission

(4 April 2000)

Subject: Infringement of European legislation by the German and Belgian trotting federations

1.
Can trotting horses which are regularly entered in the German Studbook be removed from the latter
by the German Trotting Federation (HVT) because the period allowed for export within the EU has been
exceeded by one month?

Can the Belgian and German Trotting Federations require the payment of import and export duties

2.
by their members for the temporary or permanent import or export of trotting horses within the EU?

3.
Can the German Trotting Federation (HVT) refuse to allow breeding mares imported into Germany
with a foal in order to obtain registration in Germany to be permanently exported to another EU Member
State?