EN Official Journal of the European Union CE 84/211

(2004/C 84 E/0255)

WRITTEN QUESTION P-0514/04

by Bartho Pronk (PPE-DE) to the Commission

(17 February 2004)

Subject: Follow-up question to Written Question E-2133/02 on discrimination against international football referees on grounds of age

On 17 July 2003, I submitted a written question (E-2133/02 (1)) on discrimination against international football referees on grounds of age. The Commission indicated in its reply that ‘a blanket age limit’ is not ‘a guide to physical fitness or ability’ and that, ‘where a certain level of physical fitness is required to carry out a particular job, appropriate tests may be used in the selection of candidates’. The Commission also stated that Directive 2000/78/EC (2) must be transposed into national law by 2 December 2003, except where an additional period of up to three years is requested. It was recently reported in the press that the well-known Italian referee P. Collina will have to stop refereeing when he turns 45, as the rules prohibit him from carrying on beyond that age. It would appear from this that UEFA has not amended its rules on this point (FIFA Article 4).

1. Does the Commission take the view that the fact that the Italian referee Collina has to stop exercising his profession because he is 45, even though he passes the relevant physical tests, is in breach of the provisions of Directive 2000/78/EC?

2. If so, what steps will the Commission take against FIFA, one of whose rules contravenes the provisions of this Directive?

3. What action will the Commission take against Member States that allow their citizens to work for organisations that include provisions in their contracts contravening European, and therefore also national, law in Italy, given that Italy did not request an additional period for the transposition of the provisions of Directive 2000/78/EC?

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2004)

The Commission recalls that Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation prohibits discrimination in employment on grounds of, ‘inter alia’, age must be transposed into national law by 2 December 2003. In addition, Member States may, if necessary, have an additional period of three years from 2 December 2003 to implement the provisions of the Directive on age and disability discrimination. Germany, Belgium, the UK, the Netherlands and Sweden have informed the Commission that they will use this additional three years, and Denmark one extra year.

Italy has transposed Directive 2000/78/EC by Decree No 216 of 13 August 2003, which entered into force on 28 August 2003. As Italy has transposed the Directive, individual complaints of discrimination should be taken under national law before the national courts.

The Commission also recalls that Article 6 of the Directive allows for the justification of differences of treatment on 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. The setting of fixed age limits could only be used where they were objectively and reasonably justified by a legitimate aim.

The Commission is unable to give an opinion on this individual case given that there is no information provided by the Honourable Member regarding the arguments used by the International Federation of Football Associations (FIFA) to justify the establishment of such an age limit.

Furthermore, the Commission wants to underline the fact that, under the EC Treaty, the Commission can only take action against a Member State.

(1) OJ C 110 E, 8.5.2003, p. 32.

(2) OJ L 303, 2.12.2000, p. 16.