WRITTEN QUESTION E-1933/01 by Proinsias De Rossa (PSE) to the Commission. Age discrimination on European national air carriers.
Date: 2001-06-29
Institutions: European Parliament, Provisional data
Subjects: age discrimination, air freight rate, air transport, student, transport company

C 81 E/78

Official Journal of the European Communities

EN

4.4.2002

(2002/C 81 E/090)

WRITTEN QUESTION E-1933/01

by Proinsias De Rossa (PSE) to the Commission

Subject: Age discrimination on European national air carriers

(29 June 2001)

In the light of the of the EU Charter of Fundamental Rights with specific reference to Article 21, which
explicitly prohibits discrimination on the grounds of age, can the Commission state whether a policy by
national air carriers of putting upper age restrictions on student air fares is in line with EU anti-
discrimination policy and, if so, what measures it intends to take regarding this issue, particularly as the
EU is seeking to encourage life-long learning and increasing numbers of older students?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 September 2001)

The Charter of Fundamental Rights of the European Union is addressed to the institutions and bodies of
the Union with due regard for the principle of subsidiarity and to the Member States only when they are
implementing Union law (Article 51). Article 21 which deals with non-discrimination also applies within
these limits.

At present, the only provisions of Community law which deal specifically with discrimination on grounds
of age are contained in Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation (1). The example cited by the Honourable
Member does not therefore fall under this directive.

However, insofar as the fixing of air fares falls within the scope of application of Community law under
Council Regulation No 2409/92 of 23 July 1992 (2) on fares and rates for air services, the general principle
of non-discrimination set out in the Charter of Fundamental Rights applies. Differences of treatment on
grounds of age must therefore, on a case by case basis, be objectively and reasonably justified by a
legitimate aim and the means of achieving that aim must be appropriate and necessary. In this context, the
Commission believes that
the fixing of upper age restrictions on student air fares may in certain
circumstances meet this requirement.

(1) OJ L 303, 2.12.2000, p. 16-22.
(2) OJ L 240, 24.8.1992, p. 15-17.

(2002/C 81 E/091)

WRITTEN QUESTION E-1934/01

by Mihail Papayannakis (GUE/NGL) to the Commission

(29 June 2001)

Subject: Danube Summit

The Commission(cid:146)s assurance that existing EU sources can be utilised for supporting the outcomes of the
Summit Declaration on Environment and Sustainable Development in the Carpathian and Danube Region
of 30 April 2001 is of great importance, since these are crucial for the conservation of biodiversity in
these regions. However, there are allegations that several procedures on the use of EU pre-accession funds
hinder the deployment of these funds for supporting the Summit(cid:146)s outcomes.

These procedures include, inter alia:

1.

the EUR 5 million lower limit (criterion for ISPA projects) which prevents support for localised,
smaller-scale, stakeholder-driven projects that are often the most effective for stimulating sustainable
approaches;