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2003 EN Official Journal of the European Union C 110 E/33

question if a referee is able to pass the physical fitness test and his performance is adequate. Amsterdam
Court of Appeal has declared a similar age limit for professional referees illegal partly on this ground (Case
no 1034/99, 13 January 2000). It is worth noting that this issue particularly concerns matches played in
the EU with employees from the EU acting as referees or assistant referees.

1. Does not this discrimination on grounds of age violate European law, including Articles 13 and 136
of the Treaty?

2. Both EUFA and FIFA are based in Switzerland. Can UEFA justify its actions by invoking Swiss law
and FIFA guidelines, despite the fact that UEFA decisions and policies have major consequences for an
important sector of the economy in the EU?

3. To what extent is FIFA subject to the provisions of treaties between the EU and Switzerland?

Answer given by Mrs. Diamantopoulou on behalf of the Commission

(12 September 2002)

Article 13 of the EC Treaty establishing the European Community enables the Council to take appropriate
action to combat discrimination on a range of grounds, including age. Based on this article, Council
Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in
employment and occupation (1) prohibits discrimination in employment on grounds of, inter alia, age and
must be transposed into national 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. The prohibition of age discrimination laid down in the
Directive has therefore not yet come into force in the Member States.

The Directive does not require the recruitment, promotion, maintenance in employment or training of an
individual who is not competent, capable and available to perform the essential functions of the post
concerned or to undergo the relevant training. Moreover, the Directive provides that there is no breach of
the principle of equal treatment if the difference of treatment, on grounds of age, is objectively and
reasonably justified by a legitimate aim and if the means of achieving that aim are appropriate and
necessary. The Directive goes on to provide a non-exhaustive list of examples of situations where such
differences of treatment may be so justified, though none of these relates to the use of a blanket age limit
as a guide to physical fitness or ability. The Commission believes 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 use of fixed age limits could only be used where they were objectively and reasonably justified by a
legitimate aim, be it physical fitness or any other. The justification would need to be assessed on a case by
case basis.

The Court of Justice has made clear in previous rulings (e.g. Walrave [1974] ECR, 1405, para. 28) that
Community law applies to the rules laid down by organisations based outside the Community when they
take effect within the Community. The place where the Union or European Football Associations/
International Federation of Football Associations (UEFA/FIFA) is based is not relevant in this respect.

(1) OJ L 303, 2.12.2000.

(2003/C 110 E/032) WRITTEN QUESTION E-2165/02

by Daniel Hannan (PPE-DE) to the Commission

(18 July 2002)

Subject: Unpaid workers

How many unpaid workers does the Commission employ? How many people working in the Commission
earn less than the minimum wage in their own country?
C 110 E/34 Official Journal of the European Union EN 8.5.2003

Answer given by Mr Kinnock on behalf of the Commission

(30 September 2002)

The Commission does not employ unpaid workers. Officials and other servants engaged under contract by
the Commission earn more than the statutory minimum wage in their own country.

The Commission has 17 special advisors under contract, who are retired senior officials and receive
pensions but not salaries.

(2003/C 110 E/033) WRITTEN QUESTION E-2179/02

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

(18 July 2002)

Subject: Financial estimates for the implementation of the legislative proposals and measures in the second
package of proposals for the reform of the Common Fisheries Policy

The conclusions of the Commission Communication on the reform of the Common Fisheries Policy (1)
announce, inter alia, legislative proposals and measures to counter the social, economic and regional
consequences of the restructuring of the fishing industry; management of fisheries; improvement of
scientific advice for fisheries management; discards; stock evaluation in non-Community waters and the
Joint Inspection Structure.

What are the financial estimates for these measures in the period 2002-2006, taking into account the
financial framework established in Agenda 2000?

(1) COM(2002) 181 final.

Answer given by Mr Fischler on behalf of the Commission

(13 September 2002)

The document to which the Honourable Member is referring is the general communication also known as
the Roadmap for Reform. It refers to a series of texts and proposals to be adopted during the reform
process, not all of which are estimated to have a budgetary impact.

The clearest guide to the financial impact of the reform measures already decided at Commission level is
provided in the Communication on the conservation of fisheries (1) resources and in particular in the legal
and financial statement which is annexed to it.

This covers:

 the Community measure for scrapping fishing vessels (2)  EUR 32 millions in 2003, reprogramming
in the financial instrument for fisheries guidance (FIFG) afterwards;

 the feasibility study for a joint Inspection Structure in 2003  EUR 1 million  the definitive budget
needed can only be fixed once the results of the study are known;

 amounts for the reinforcement of dialogue and governance from 2003 (EUR 400 000) to 2006
(EUR 700 000);

 the improvement of scientific advice with EUR 4 millions requested in 2003 rising to EUR 7 millions
in 2006.