WRITTEN QUESTION P-0514/04 by Bartho Pronk (PPE-DE) to the Commission. Follow-up question to Written Question E-2133/02 on discrimination against international football referees on grounds of age.
Date: 2004-02-17
Institutions: European Parliament, Provisional data
Subjects: EU law - national law, age discrimination, labour law, professional sport, retirement conditions, sports body

3.4.2004

EN

Official Journal of the European Union

C 84 E/211

On the basis of Article 35 of the Regulation in relation to national provisions, Member States have been
asked to communicate to the Commission the measures taken to ensure compliance with the Regulation,
and any difficulties they face. The Commission shall submit, before the end of 2004, a report to the
Parliament and the Council accompanied, if appropriate, by legislative proposals taking into account the
difficulties raised by Member States.

If, therefore, particular problems have arisen for smaller operators, it would be expected that Member
States’ responses to Article 35 would put the Commission in a position to recommend responses to those
problems by the end of 2004.

(1) OJ L 273, 10.10.2002.
(2) OJ L 117, 13.5.2003.

(2004/C 84 E/0255)

WRITTEN QUESTION P-0514/04

by Bartho Pronk (PPE-DE) to the Commission

(17 February 2004)

Subject: Follow-up question to Written Question E-2133/02 on discrimination against

international

football referees on grounds of age

On 17 July 2003, I submitted a written question (E-2133/02 (1)) on discrimination against international
football referees on grounds of age. The Commission indicated in its reply that ‘a blanket age limit’ is not
‘a guide to physical fitness or ability’ and that, ‘where a certain level of physical fitness is required to carry
out a particular job, appropriate tests may be used in the selection of candidates’. The Commission also
stated that Directive 2000/78/EC (2) must be transposed into national law by 2 December 2003, except
where an additional period of up to three years is requested. It was recently reported in the press that the
well-known Italian referee P. Collina will have to stop refereeing when he turns 45, as the rules prohibit
him from carrying on beyond that age. It would appear from this that UEFA has not amended its rules on
this point (FIFA Article 4).

Does the Commission take the view that the fact that the Italian referee Collina has to stop exercising
1.
his profession because he is 45, even though he passes the relevant physical tests, is in breach of the
provisions of Directive 2000/78/EC?

If so, what steps will the Commission take against FIFA, one of whose rules contravenes the

2.
provisions of this Directive?

3. What action will the Commission take against Member States that allow their citizens to work for
organisations that include provisions in their contracts contravening European, and therefore also national,
law in Italy, given that Italy did not request an additional period for the transposition of the provisions of
Directive 2000/78/EC?

(1) OJ C 110 E, 8.5.2003, p. 32.
(2) OJ L 303, 2.12.2000, p. 16.

Answer given by Mrs Wallström on behalf of the Commission

(12 March 2004)

‘inter alia’, age must be transposed into national

The Commission recalls that Council Directive 2000/78/EC of 27 November 2000 establishing a general
framework for equal treatment in employment and occupation prohibits discrimination in employment on
grounds of,
law by 2 December 2003. In addition,
Member States may, if necessary, have an additional period of three years from 2 December 2003 to
implement the provisions of the Directive on age and disability discrimination. Germany, Belgium, the UK,
the Netherlands and Sweden have informed the Commission that they will use this additional three years,
and Denmark one extra year.

C 84 E/212

Official Journal of the European Union

EN

3.4.2004

Italy has transposed Directive 2000/78/EC by Decree No 216 of 13 August 2003, which entered into
force on 28 August 2003. As Italy has transposed the Directive, individual complaints of discrimination
should be taken under national law before the national courts.

The Commission also recalls that Article 6 of the Directive allows for the justification of differences of
treatment on 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. The setting of fixed age limits
could only be used where they were objectively and reasonably justified by a legitimate aim.

The Commission is unable to give an opinion on this individual case given that there is no information
provided by the Honourable Member regarding the arguments used by the International Federation of
Football Associations (FIFA) to justify the establishment of such an age limit.

Furthermore, the Commission wants to underline the fact that, under the EC Treaty, the Commission can
only take action against a Member State.

(2004/C 84 E/0256)

WRITTEN QUESTION E-0580/04

by Bill Miller (PSE) to the Commission

(26 February 2004)

Subject: Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not

intended for human consumption

The above-mentioned Regulation (EC) No 1774/2002 (1) of the European Parliament and of the Council of
3 October 2002 has recently been implemented within Scotland, resulting in numerous interpretations.
While no-one is against the spirit of the legislation, its enactment in Scotland is causing concern. Many
small, one-person businesses are facing unacceptable levels of charges which will ultimately force them
into bankruptcy.

The reason for my question was to enquire whether the Commission, when drafting this legislation,
envisaged a cut-off point where small businesses fell out of the scope of the Regulation, or could that be
dealt with at Member State level?

(1) OJ L 273, 10.10.2002, p. 1.

Answer given by Mr Byrne on behalf of the Commission

(1 April 2004)

The Commission would refer the Honourable Member to its answer to his Written Question E-0393/04 (1).

(1) See page 210.