WRITTEN QUESTION E-1223/00 by Jannis Sakellariou (PSE) to the Commission. Recognition of French teachers in Bavarian schools.
Date: 2000-04-14
Institutions: European Parliament, Provisional data
Subjects: Bavaria, France, infringement of EU law, recognition of diplomas, recognition of vocational training qualifications, teacher

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 (cid:129) 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 (cid:145)Member States shall ensure that staging points are approved by the competent authority
of the Member State in whose territory they are situated.(cid:146) The competence of the Commission is defined in
paragraph 3 of the same article, which states that (cid:145)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 Committee(cid:146).

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 years(cid:146) teaching experience in a French school

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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