WRITTEN QUESTION E-1512/01

by Daniela Raschhofer (NI) to the Commission

(21 May 2001)

Subject: Age limit applicable in Open Competition COM/A/6/01 (OJ C 110, 11.4.2001, p. 15) for the recruitment of administrators

In April 2001, the Commission published in the daily newspaper Die Presse the eligibility requirements relating to Open Competition COM/A/6/01 for the recruitment of some 150 administrators. Under Section B of the notice (Special conditions), the Commission stipulated that candidates must not be older than 45. Accordingly, only persons born after 25 May 1955 were eligible to take part in the competition.

Does the Commission normally lay down age limits for its competitions?

If so, have any potential candidates who have been unable to take part in competitions because of the age restriction lodged complaints against the Commission?

If so, why has the Commission not taken those complaints as grounds for abolishing the age restriction?

On what criteria was the age limit based on 25 May 1955 selected for this competition?

What advantage does the Commission expect to derive from restricting entry to persons who are under 45?

Given that the proportion of employable young people in Europe has been constantly diminishing because of the declining birth rate, lengthier periods of training, etc., would not the Commission be best advised to consider abandoning the practice of laying down age limits?

Answer given by Mr Kinnock on behalf of the Commission

(23 July 2001)

The Commission agreed to the principle of abandoning age limits for recruitment in January 1998. It also expressed the view that a co-ordinated approach on this matter was needed amongst all the European Institutions. As a result - and in order to be consistent with the approach of Parliament as an employer - the Commission adopted an interim solution by introducing a higher age limit of 45 years, instead of 35 years, for its competitions for recruitment at basic grades.

As a general rule the age limit for competitions for recruitment at basic grades such as A7/A6, B5/B4 or C5/C4 is currently 45 years, and that applied to competition COM/A/6/01. The application of an age limit in the notices of competition is in full compliance with Article 1(g) of Annex III of the Staff Regulations.

To date, three complaints have been received that relate to the competition referred to in the Hon Member's question. They will be considered by the Selection Board. That Board is independent and sovereign in its decision on the admission of candidates on the basis of the criteria set out in the notice of competition.

The Commission is reforming its administrative practices and it reaffirmed the commitment to abandoning age limits for open competitions in Part II of the White Paper(1) of 1 March 2000.

The Honourable Member may wish to note that the provisions of Council Directive 2000/78/EC of 27 November 2000 establish a general framework for equal treatment, employment and occupation and that Article 6 allows for differences of treatment on grounds of age where these are objectively and reasonably justified. In particular Article 6, 1c allows for differences of treatment on grounds of age through the fixing of a maximum age for recruitment where this is based on the training requirements of the post in question or the need for a reasonable period of employment before retirement. The approach of the Commission is, naturally, consistent with Community law.

(1) COM(2000) 200 final.