WRITTEN QUESTION P-2804/01 by Fiorella Ghilardotti (PSE) to the Commission. Discrimination in terms of equal opportunities in Competition COM/C/01.
Date: 2001-10-02
Institutions: European Parliament, Provisional data
Subjects: administration of the Institutions, age discrimination, competition (EU), equal treatment, parental leave, sexual discrimination

6.6.2002

EN

Official Journal of the European Communities

C 134 E/109

Reply

(14 February 2002)

The Informal meeting of finance ministers in Liège on 21 September 2001 issued guidelines for any
insurance cover that governments might choose to provide to airlines as a result of the short-term failure
in the commercial
to the atrocities of 11 September. The developing
situation in respect of such insurance cover was again discussed by the Ecofin Council on 16 October
2001, while the Transport/Telecommunications Council on the same day discussed the general situation in
the airline sector and adopted Council Conclusions on the issue.

insurance market subsequent

The Council confirmed that the provision of insurance cover by Governments must remain a short-term
intervention in reaction to a specific failure in the commercial market, and that an absolute limit of the
end of December 2001 should be set for the end of such intervention. The Council also agreed that steps
should be taken to encourage a return to normal operation of the commercial market. These steps should
include the charging of market-related premium substitutes by Governments, reflecting the risks insured,
and monthly review of all Government measures.

it will be for the Member States to decide on the measures to be taken in
Within these guidelines,
accordance with their national procedures, while respecting the provisions of the Stability and Growth Pact
with regard to their budgetary impact.

The Council noted that if the abnormal situation in the airline insurance sector recurs after the expiry of
the year-end deadline for the end of Government intervention, the Commission should make proposals to
cover by alternative means risks for which commercial cover is not available.

With respect to the general economic situation in the air transport sector, after a broad debate at the
Transport/Telecommunications Council on 16 October 2001, and noting that control of state aid is a
matter for the Commission,
the Commission’s Communication on the
took note of
repercussions of the terrorist attacks in the United States on the air transport industry.

the Council

Moreover, the Council has also taken note of the resolution on environmental questions adopted by the
ICAO Assembly, and of the intention of the Commission to present in the near future a proposal for a
replacement for the ‘hushkits’ Regulation. The Council has undertaken to give this proposal the necessary
priority to facilitate its adoption before April 2002.

(2002/C 134 E/110)

WRITTEN QUESTION P-2804/01

by Fiorella Ghilardotti (PSE) to the Commission

(2 October 2001)

Subject: Discrimination in terms of equal opportunities in Competition COM/C/01

Is the Commission aware that, contrary to normal practice until now, Competition COM/C/1/01 (1) makes
no provision for a derogation to the age limit in respect of women who have stopped working for a
number of years following the birth of one or more children?

Does the Commission not consider that this is an obvious case of discrimination against working women,
clearly infringing Community law and at odds with the policy of respect for equal opportunities which all
the Community institutions have been promoting in recent years?

Does the Commission agree that it should intervene rapidly to remedy this discrimination problem, taking
account of the fact that the deadline for applications to take part in the competition is 19 October 2001
and that, in the absence of prompt action to clarify the situation, many women who would be interested
in taking part in the competition might be discouraged from doing so, thinking that they do not meet the
age requirements, as set out in the notice of competition?

(1) OJ C 251, 11.9.2001, p. 12.

C 134 E/110

Official Journal of the European Communities

EN

6.6.2002

Answer given by Mr Kinnock on behalf of the Commission

(12 November 2001)

There is no derogation to the age limit in the notice of competition COM/C/1/01 and that this has been
standard practice for all open competitions published by the Commission since February 1998.

The Commission agreed to the principle of abandoning age limits in its notices of competition in a
decision of 21 January 1998. It also expressed the view that a co-ordinated approach amongst all the
European institutions was needed. In addition, the Commission subsequently decided to raise the age limit
for competitions for recruitment at basic grades to 45 years, from 35 years. It should be noted that other
Community institutions also use age limits in their competitions, and, in some cases, they are lower than
45 years.

Before the 1998 decision the rationale of the derogation was that for some applicants it was difficult to
obtain the required number of years experience before the age of 35 because their professional career had
been interrupted for some reason. However this is no longer the case with an age limit of 45 years.

The professional experience required for competition COM/C/1/01 is just four years after obtaining the
required diploma (Lower secondary education ‘Licenza di scuola media’ for Italy) which is generally
obtained at an age of 16 years. As a consequence the Commission does not consider that an age limit of
45 years (which is authorised by Art. 1 point g) of Annex III to the Staff Regulations) without derogation
is discriminatory against women or other applicants. The Commission will, therefore, not change the
competition COM/C/1/01.

The Commission will, however, continue to consider how to encourage women who have interrupted their
professional career for family reasons to apply for competitions, and will strive to ensure that they are not
discriminated against when applying for competitions.

The Honourable Member will also be interested to know that in actions 27, 29 and 50 of the White Paper
on Reforming the Commission (1) of 1 March 2000 and subsequently in the Consultative Document on
Competitions and Recruitment of 28 February 2001 (2) the Commission expressed its political intention to
abolish age limits in competitions. In the same documents the Commission has proposed closer inter-
Institutional co-operation on recruitment, and the creation of a European Recruitment Office, which will
organise competitions for all the European Institutions in the future. The Secretaries-General of the
European Institutions agreed at their meeting of 9 July 2001 that it will be the responsibility of the
Management Board of this future Office, which will be composed of representatives of all European
Institutions, to take a decision in relation to age limits.

(1) COM(2000) 200 final.
(2) SEC(2001) 294/4.

(2002/C 134 E/111)

WRITTEN QUESTION E-2806/01

by Gabriele Stauner (PPE-DE) to the Commission

(9 October 2001)

Subject: Charges of favouritism against the Land government in Schwerin

The news magazine Der Spiegel (Issues 35/01, 37/01 and 39/01) charges the Deputy State Minister of the
North German Land Mecklenburg-Vorpommern, Helmut Holter, with involvement in favouritism and
speaks of a ‘Schwerin black hole’ into which EU monies have disappeared.

1.

(a)

Is the Commission investigating allegations

that there were serious irregularities in the award of a 15 million contract to the BBJ company for
‘services within the framework of technical assistance from the European Social Fund’?