WRITTEN QUESTION P-1797/99 by Maria Sanders-ten Holte (ELDR) to the Commission. Age discrimination against foreign pilots in France.
Date: 1999-10-01
Institutions: European Parliament, Provisional data
Subjects: France, age discrimination, civil aviation, common transport policy, crew, international convention, transport licence

C 203 E/50

Official Journal of the European Communities

EN

18.7.2000

Can the Commission confirm or deny that the UK violated the 13 September embargo on the sale of arms
to Indonesia in the light of reports that three British Hawk warplanes were delivered secretly to Indonesia
last week? If these reports are correct, can the Commission explain what action will be taken against the
United Kingdom(cid:146)s breach of the embargo?

Does it recognise the urgent need for the EU to strengthen the 1998 Code of Conduct on the export of
arms and, more importantly, the adoption of measures to prevent any attempts to circumvent the Code of
Conduct?

Answer given by Mr Patten on behalf of the Commission

(20 October 1999)

Trade in arms has, up to now, on the basis of Article 296 of the EC Treaty (ex Article 223) been exempted
from the scope of application of Treaty rules, thereby preventing Community action. The arms trade is
currently discussed in the context of the Common foreign and security policy (CFSP), with which the
Commission is fully associated.

The Commission possesses neither the authority nor the means to confirm or deny possible violations of
embargoes. Full responsibility for the licensing of arms exports belongs to national governments.

The Code has completed one year of existence and, as acknowledged in the first annual report, initial
experiences of the Member States from its operation during this period are positive. It is undeniable,
however, that there are grounds for continued strengthening of the code and its implementation. The aim
of the annual review process is to identify such potential improvements. Naturally, any amendments to the
Code need the support of all Member States.

(2000/C 203 E/060)

WRITTEN QUESTION P-1797/99

by Maria Sanders-ten Holte (ELDR) to the Commission

Subject: Age discrimination against foreign pilots in France

(1 October 1999)

An article in The Times of 2 September headed (cid:145)French age rule clips wings of British pilots(cid:146) says that the
French government operates an age limit of 60 for commercial pilots, whereas the age limit in other
Member States is 65. As a result, commercial pilots aged between 60 and 65 are denied access to French
airspace because of differences in age limits. This discrepancy prevents people from exercising their
fundamental rights,
in this instance the right not to be discriminated against on grounds of age. The
question of discrimination on grounds of age is of topical importance in view of the forthcoming talks on
a European charter of fundamental rights.

1.

2.

3.

Is the Commission aware of this situation?

Does the Commission agree that this situation could be damaging to the commercial pilots affected?

Are such discrepancies in rules between Member States undesirable?

4. What does the Commission intend to do about this state of affairs?

Answer given by Mrs de Palacio on behalf of the Commission

(26 October 1999)

The Commission can inform the Honourable Member that it is fully aware of the situation in France with
regard to age limits for pilots. The Commission does not condone this situation but is unable to intervene
at present because currently flight crew licences are recognised for the purpose of overflying and landing
of
flights, provided they are issued in accordance with Annex I to the Chicago
Convention. This Annex contains a standard which prohibits the exercise of pilot-in-command duties on

international civil

18.7.2000

EN

Official Journal of the European Communities

C 203 E/51

commercial flights beyond the age of 60 years and carries a recommendation that over-sixties should not
fulfil co-pilot duties on such flights. Accordingly, while certain states have filed a (cid:145)difference(cid:146) to Annex I to
the Convention in order to allow their own licences to remain valid for exercising duties on board
commercial airplanes beyond this limit, there are no powers which can oblige other states to accept this
difference for the overflight of their territory.

The Joint aviation authorities (JAA) work on the harmonisation of flight crew licensing rules produced a
compromise which would allow licences to remain valid for exercising duties on board commercial
airplanes until their holders are 65, provided that they operate such duties on multi-crew airplanes where
the other pilot is aged less than 60 years. Nevertheless such a compromise is not binding on JAA member
states and they still can decide not to accept overflight of their territory by commercial planes in which the
pilot in command is more than 60 years of age.

The Commission is currently working on a proposal to harmonise standards and requirements for flight
crew licensing throughout the Community. This proposal will clearly have to pass through the normal
Community process, and issues such as the age limit can be further discussed in the Parliament and the
Council.

(2000/C 203 E/061)

WRITTEN QUESTION P-1798/99

by Camilo Nogueira RomÆn (Verts/ALE) to the Commission

(1 October 1999)

Subject: Application of the partnership principle in the drawing up of the 2000-2006 Regional Develop-

ment Plan for Spain(cid:146)s Objective 1 Autonomous Communities, such as Galicia

I have already written to Mr Michel Barnier, Commissioner, to point out that, in drawing up and adopting
its 2000-2006 Regional Development Plan for Spain(cid:146)s Objective 1 region, the Spanish central government
did not apply the partnership principle since social and economic operators were not involved and there
was no provision for democratic participation by the parliaments of the Autonomous Communities
concerned, which were even prevented from exercising their political and economic powers.

How does the Commission intend to ensure that the partnership principle is upheld and that the
Autonomous Communities (such as Galicia) are able to exercise their powers in the drawing up of the
2000-2006 Regional Development Plan and the administration of the 2000-2006 Community Support
Framework, which will provide most of the funding to be invested in economic development, job creation
and transport networks during the period in question?

Answer given by Mr Barnier on behalf of the Commission

(28 October 1999)

The Commission has not yet received the regional development plan to which the Honourable Member
refers. As soon as it does, it will examine the document attentively, especially as regards compliance with
the principle of partnership provided for in Council Regulation (EC) No 1260/1999 of 21 June 1999
laying down general provisions on the Structural Funds (1).

Articles 15 and 16 of the above Regulation stipulate respectively that (cid:145)the plans shall be submitted by the
Member State to the Commission after consultation with the partners(cid:146) and that they should include
(cid:145)an account of arrangements made to consult partners(cid:146).

(1) OJ L 161, 26.6.1999.