EN Official Journal of the European Union CE 78/925

(2004/C 78 E/0978)

WRITTEN QUESTION P-0065/04

by Bill Newton Dunn (ELDR) to the Commission

(13 January 2004)

Subject: Post-60 flying in Europe

I am informed that France, Italy and Portugal may be ignoring EU rules that state that airline pilots between the ages of 60 and 65 can act as captain of flights in European airspace. I understand that these countries ban post-60 flying.

Can the Commission confirm whether this is the case and if so, provide information as to the action it intends to take to tackle this discriminatory behaviour, which is in breach of EU rules?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 February 2004)

Council Directive 2000/78/EC of 27 November 2000 puts in place a general framework for equal treatment in employment and occupation (1), and prohibits discrimination on grounds of age, disability, religion or belief or sexual orientation. The Directive covers access to employment, pay, working conditions, dismissal, training etc., and both direct and indirect discrimination are covered. The Member States had to transpose the Directive by 2 December 2003, and once it is transposed people must take their case before the national courts under national law. Under Article 18 of the Directive, Member States may, in order to take account of particular conditions, have an additional three year period to implement the provisions of the Directive relating to discrimination on grounds of age and disability (this has been requested by Belgium, Denmark, Germany, the Netherlands and the United Kingdom).

Article 2(5) of Directive 2000/78/EC provides that it is without prejudice to measures laid down by national law which are necessary in a democratic society for public security and for the protection of health.

In addition, Article 6 of the Directive allows for the justification of differences of treatment on the grounds of age in certain circumstances, as long as this is objectively justified by a legitimate aim, and the means of achieving that aim are proportionate and necessary. This could include the setting of special conditions on access to employment and vocational training for young people and older workers, the fixing of minimum conditions for age, professional experience or seniority for access to employment or to certain advantages linked to employment and the fixing of a maximum age for recruitment based on the training

On the basis of the information available, the Commission is of the opinion that the setting of a compulsory retirement age for pilots falls within the differences of treatment based on age which could be justifiable under the above-mentioned provisions. It is legitimate to take precautions to ensure that the air safety and protection of passengers is paramount and that pilots are 100 % fit. The setting of a compulsory retirement age of 60 by a Member State (based on international standards of the International Civil Aviation Organisation), appears to be a necessary and proportionate way to achieve this aim. On the basis of the above, the Commission therefore does not intend at present to take action against the three Member States mentioned by the Honourable Member.

(1) OJ L 303, 2.12.2000.