WRITTEN QUESTION E-2184/01

by Isidoro Sánchez García (ELDR) to the Commission

(23 July 2001)

Subject: Discrimination on grounds of age in European Parliament competitions

The exact words of Article 13 of the EC Treaty are as follows: Without prejudice to the other provisions of this Treaty and within the limits of the powers conferred by it upon the Community, the Council, acting unanimously on a proposal from the Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Article 130, first paragraph, similarly stipulates that: The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be to monitor the employment situation and employment policies in the Member States and the Community.

Parliament's Committee on Employment and Social Affairs is called upon, among other things, to prevent all forms of discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation (Article 13 of the EC Treaty), related to fundamental social rights and to the labour market. In addition, the population is gradually ageing, and debate is taking place in all parts of Europe about the future of pension schemes, a possible later retirement age, and, as far as women are concerned, their slowness to break into the labour market, to name just some examples.

Can the Commission therefore explain how it can happen that serious discrimination arises in the employment sphere when Parliament organises competitions to fill posts and restricts eligibility to enter to persons under 45?

Does the Commission think it right to discriminate on the grounds of age?

Has it studied the legislation of the different Member States with a view to adopting a comparative approach in order to frame legislation more closely in line with solidarity criteria and social rights?

Answer given by Mr Kinnock on behalf of the Commission

(15 October 2001)

The Commission would refer the Honourable Member to its answers to written questions P-1600/01 by Mr. Manders(1), E-1512/01 by Mrs. Raschhofer(2) and to its reply to oral question H-497/01 by Mrs. van Lancker during question time at Parliament's June 2001 part-session(3).

In addition to the information provided in those replies, it should be noted that the use of age limits must be viewed in the light of the creation of a European Recruitment Office, which in future will organise competitions for all the European Institutions. The Secretaries General of the European Institutions agreed at their meeting of 9 July 2001 that it will be the responsibility of the Management Board of this future Office to take a decision with regard to age limits on the basis of a qualified majority. The Commission confirmed this line in its Communication New orientations for the reform of personnel policy of 18 July 2001(4) and invited its Directorate General for Administration and Personnel to prepare a decision to set up this structure to be presented for adoption by the Commission and the other Institutions as soon as possible.

The Commission published a report in February 2000 in preparation for the negotiations in the Council which led to the adoption of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(5) irrespective of religion or belief, disability, age or sexual orientation. The report provides details of Member States' legal provisions to combat discrimination in force at that time. A copy is sent direct to the Honourable Member and to Parliament's Secretariat. Directive 2000/78/EC must be transposed by Member States into national law by 2 December 2003.

(1) OJ C 364 E, 20.12.2001, p. 156.

(2) OJ C 364 E, 20.12.2001, p. 132.

(3) Written answer of 13.6.2001.

(4) SEC(2001) 1202/6.

(5) OJ L 303, 2.12.2000.