92002E2435

WRITTEN QUESTION E-2435/02

by Christoph Konrad (PPE-DE) to the Commission

(26 August 2002)

Subject: Varying age limits for appointment to and exercise of the profession of notary in the EU

1. In view of the principle of equal rights, how does the Commission view the fact that varying national provisions are in force in the EU Member States with regard to age limits for appointment to and exercise of the profession of notary?

2. Is it aware that, in the Netherlands and in Belgium, for example, there are no age limits for notaries, while an age limit of 70 is to be introduced in Germany? What rules are in force in other EU Member States?

3. Has consideration been given to how this unequal treatment should be combated in the internal market, or have decisions already been taken on the subject?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(1 October 2002)

The question seems to imply that the existence in the Member States of various rules regarding access to the profession of notary might constitute a breach of the principle of equal treatment. It derives from consistent case-law(1) that the principle of equal treatment enshrined in Article 12 of the EC Treaty is not concerned with disparities in treatment or the distortions which may result from divergences existing between the laws of the various Member States, so long as the latter

affect all persons subject to them, in accordance with objective criteria and without regard to their nationality. The fact that, according to the Honourable Member, different rules exist in Belgium and Germany as regards access to and the exercise of the profession is therefore not in breach of the principle of equal treatment enshrined in Article 12 of the EC Treaty.

There is currently no Community legislation which deals specifically with access to the profession of notary. Council Directive 89/48/EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration(2) applies in principle to notaries, but it contains no provisions on the application of age limits.

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(3) prohibits discrimination on the grounds of religion and belief, disability, age and sexual orientation. It provides for the possibility of certain differences of treatment on grounds of age which are objectively and reasonably justified and which are thus not incompatible with Community law. Moreover, a recital of the Directive states that the latter is without prejudice to national provisions laying down retirement ages. The Member States must transpose this Directive into national law by 2 December 2003. However, to take account of particular conditions, 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 Commission has no information on any national age limits for notaries which may exist in the Member States.

(1) Case 1/78, Kenny, [1978] ECR 1489.

(2) OJ L 19, 24.1.1989.

(3) OJ L 303, 2.12.2000.