WRITTEN QUESTION P-0065/04 by Bill Newton Dunn (ELDR) to the Commission. Post-60 flying in Europe.
Date: 2004-01-13
Institutions: European Parliament, Provisional data
Subjects: age discrimination, application of EU law, crew, employment policy, equal treatment

27.3.2004

EN

Official Journal of the European Union

C 78 E/925

(2004/C 78 E/0978)

WRITTEN QUESTION P-0065/04

by Bill Newton Dunn (ELDR) to the Commission

(13 January 2004)

Subject: Post-60 flying in Europe

I am informed that France, Italy and Portugal may be ignoring EU rules that state that airline pilots
between the ages of 60 and 65 can act as captain of flights in European airspace. I understand that these
countries ban post-60 flying.

Can the Commission confirm whether this is the case and if so, provide information as to the action it
intends to take to tackle this discriminatory behaviour, which is in breach of EU rules?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(18 February 2004)

Council Directive 2000/78/EC of 27 November 2000 puts in place a general
framework for equal
treatment in employment and occupation (1), and prohibits discrimination on grounds of age, disability,
religion or belief or sexual orientation. The Directive covers access to employment, pay, working
conditions, dismissal, training etc., and both direct and indirect discrimination are covered. The Member
States had to transpose the Directive by 2 December 2003, and once it is transposed people must take
their case before the national courts under national law. Under Article 18 of the Directive, Member States
may, in order to take account of particular conditions, have an additional three year period to implement
the provisions of the Directive relating to discrimination on grounds of age and disability (this has been
requested by Belgium, Denmark, Germany, the Netherlands and the United Kingdom).

Article 2(5) of Directive 2000/78/EC provides that it is without prejudice to measures laid down by
national law which are necessary in a democratic society for public security and for the protection of
health.

In addition, Article 6 of the Directive allows for the justification of differences of treatment on the 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. This could include the setting of special conditions on
access to employment and vocational training for young people and older workers, the fixing of minimum
conditions for age, professional experience or seniority for access to employment or to certain advantages
linked to employment and the fixing of a maximum age for recruitment based on the training

On the basis of the information available, the Commission is of the opinion that the setting of a
compulsory retirement age for pilots falls within the differences of treatment based on age which could be
justifiable under the above-mentioned provisions. It is legitimate to take precautions to ensure that the air
safety and protection of passengers is paramount and that pilots are 100 % fit. The setting of a compulsory
retirement age of 60 by a Member State (based on international standards of the International Civil
Aviation Organisation), appears to be a necessary and proportionate way to achieve this aim. On the basis
of the above, the Commission therefore does not intend at present to take action against the three Member
States mentioned by the Honourable Member.

(1) OJ L 303, 2.12.2000.