Question no 73 by Philip Bushill-Matthews (
H-0379/07 ) Subject: Possible age discrimination towards pilots
H-0379/07 Are public transport operations such as police helicopters or air ambulances flown by a single pilot within the airspace of a single Member State able under EU law to continue to employ suitably competent and medically certificated people as pilots beyond the age of 60?
Does the UK Air Navigation Order 2005 constitute a breach of the EU age discrimination law? (Reference to Air Navigation Order: Basic Commercial Pilot's Licence (Aeroplanes) ...... (3) He shall not—........(e) fly such an aeroplane on a flight for the purpose of public transport after he attains the age of 60 years unless the aeroplane is fitted with dual controls and carries a second pilot who has not attained the age of 60 years and who holds an appropriate licence under this Order entitling him to act as pilot in command or co-pilot of that aeroplane.
Answer:
(EN) Council Directive 2000/78/EC establishes a general framework for equal treatment in employment and occupation. It prohibits discrimination in employment and training on the grounds of religion or belief, disability, age or sexual orientation as regards employment and occupation. The Directive applies to all the Member States.
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.
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. In addition, article 4(1) of the Directive allows differences of treatment based on age (as well as the other protected characteristics) where this is necessary for a genuine and determining occupational requirement.
The Commission is not aware of the details relating to the particular situation of the question. However, the Commission is of the opinion that the setting of a compulsory retirement age for pilots arising from the differences of treatment based on age could be justifiable under the above-mentioned provisions in order to ensure the air safety and protection of the public.