WRITTEN QUESTION P-1234/00 by Karin Scheele (PSE) to the Commission. The softener diethylhexyladepate in PVC.
Date: 2000-04-10
Institutions: European Parliament, Provisional data
Subjects: Austria, European social policy, food inspection, packaging product, plastics

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 (cid:145)Grosse Deutsche
Sprachdiplom(cid:146) (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 migrant(cid:146)s 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 (cid:145)Gro(cid:223)e Deutsche Sprachdiplom(cid:146), of
the applicant. As far the
Commission is aware, the Bavarian authorities require the (cid:145)Gro(cid:223)e Deutsche Sprachdiplom(cid:146) 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.