A EUROPEAN POLICY ON SPORTSeose.org/wp-content/uploads/2014/03/report_european... · 2014. 3....

Group of the European People’s Party (Christian Democrats) and European Democrats in the European Parliament

A EUROPEAN POLICY ON SPORTSby Manolis Mavrommatis, Member of the European Parliament

A EUROPEAN POLICY ON SPORTSby Manolis Mavrommatis, Member of the European Parliament

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> Foreword by Joseph Daul MEP, Chairman of the EPP-ED Group in the European Parliament 7

> Welcome message by Hans-Gert Poettering MEP, President of the European Parliament 11

> Contribution by Jan Figel, Commissioner for Education, Training, Culture and Youth 15

> Contribution by Mrs Doris Pack, MEP, Coordinator of the Committee on Culture and Education of the European Parliament 19

> Introduction by Manolis Mavrommatis, MEP, Vice-Chairman of the Committee on Culture and Education of the European Parliament Rapporteur of the European Parliament on the White Paper on Sport 23

TOWARDS A EUROPEAN POLICY ON SPORTS

1. General Introduction 302. The social role of sport 323. Harm caused by doping 364. The economic dimension of sport 385. Organisation of sports 446. Timing and significance of the Reform Treaty after the White Paper 47

> European Parliament resolution of 8 May 2008 on the White Paper on Sport 53

> Action Plan “PIERRE DE COUBERTIN” 89

C O N T E N T S


‘Sport is part of every man and woman’s heritage

and its absence can never be compensated for’

Pierre de Coubertin


F O R E W O R D

Sport has come to the forefront in European societies.

In the continent which saw the birth of the Olympic

Games in antiquity, throughout the last century sport

underwent an unprecedented revival and growth, to

become the hugely popular phenomenon it is today.

Now, at the beginning of the 21st century, sport

has become the main leisure activity for millions of

Europeans, at whatever level they play. International

sports competitions, such as the football World Cup

or European Cup, the rugby World Cup, tennis tournaments, athletics world championships and the

Olympic Games provide intense moments of sports passion and joy for people of all nations, equalled

by no other event.

The benefits of sport are clear in terms of public health. Regular sport is the best way of successfully

combating excess weight, obesity and a number of chronic diseases. In our ageing societies, sport is a

very useful tool for keeping people in good health and for balancing the budgets of health insurance

schemes.

But over and beyond these direct benefits, sport is a vehicle for some very positive values, which

correspond to the European ideal. It puts into practice the concepts of responsibility, solidarity,

tolerance, fair play and team spirit, but also those of perseverance and exceeding one’s limits. In doing

so, sport helps to ensure that those values that are inherent in European culture remain popular. We

strongly believe in the virtues of sport to make this ideal universal. Lastly, sport plays a key role in

terms of the integration and social inclusion of immigrant populations.


As Chairman of the EPP-ED Group in the European Parliament, I welcome the initiative taken by the

European Commission in publishing its White Paper on Sport. Our group shares the Commission’s desire to ensure that the sports dimension is taken into greater account in European policies and to

increase legal clarity in the application of Community law to sport.

Certain aspects of sport call for a stronger policy on the part of the European Union.

Doping, in particular, undermines the principle of open, fair competition and jeopardises the health of

athletes. We believe that as far as anti-doping is concerned, a coordinated European approach is required.

The violence of some football supporters in stadiums also calls for a coordinated approach and better

cooperation between Member States. While respecting the principle of subsidiarity, we believe that

the Commission should increase its checks to ensure that Community law is being implemented in

sports federations.

More consideration of sport is required in European policies. Sport is an excellent educational tool

which should be promoted and developed. But certain excesses in high-level sports competitions call

for a more coordinated European approach in order to combat the problem more effectively.

This book published by the EPP-ED Group was drawn up by my colleague, Manolis Mavrommatis MEP, whose work I greatly appreciate. It sets out the various aspects of European sports policy and

explains the issues at stake.

I hope you enjoy reading it.

Joseph Daul,Chairman of the EPP-ED Group in the European Parliament

1 1 / A E U R O P E A N P O L I C Y O N S P O R T S

In its debates and resolutions during this parliamentary

term, the European Parliament has expressed its views in

some detail on various aspects of sport, most recently by

adopting the resolution on the White Paper on Sport, for which Manolis Mavrommatis was rapporteur, and which brought together the positions taken by the European

Parliament in the past.

Since ancient times, sport has been a defining part of

European identity, our European culture and European

civil society. Moreover, today sport represents an important means of promoting dialogue between

cultures. Its strength lies predominantly in the commitment and enthusiasm demonstrated by millions

of active sportspeople, volunteers and amateurs, who ensure that sport has deep roots in our society.

The multitude of sports clubs and associations means that many people are able not only to engage

in healthy physical activity but also to take an active part in their community, and this integrating

role helps to generate social cohesion. Popular sport is the foundation from which many outstanding

teams and individual sportspeople have developed. Sport, and sporting events, are highly valued in

our society.

However, top level sport today is facing what are in some cases new constraints, and is having to

meet new challenges. These include increasing commercial pressure, the exploitation of young

sportspeople, the fight against banned performance-enhancing drugs, racism, violence, corruption

and cheating. These problems, which go against the spirit of sportsmanship, must be addressed

resolutely so that they do not jeopardise the unparalleled contribution that sport makes to the

development and promotion of important social, cultural and educational values, such as fair play and

obeying the rules, tolerance and mutual respect, solidarity, team spirit and self-discipline.

W E LC O M E M E S S A G E


In addition to all this, however, politics has the task of creating the right basic conditions for sport in

Europe and providing it with a clear strategic orientation, by defining more clearly how Community

law applies in the area of sport. While fully respecting the independence of sporting organisations,

their particular characteristics and self-regulating mechanisms, we must still observe the basic

democratic ground rules and Community law, such as the ban on discrimination on the grounds of

gender, race, ethnic origin, religion or beliefs, disability, age or sexual orientation. To take an example,

the ‘6+5’ rule proposed by FIFA would not be compatible with Community law because of its inherent

direct discrimination on the grounds of nationality, since stipulating a particular number of footballers

of a given nationality puts players from other countries at a disadvantage.

Where professional sport is concerned, as well as general democratic principles, the rules of

European competition law and the relevant regulations on the internal market have also to be taken

into account. In the view of the European Parliament, however, applying competition rules to sport

unconditionally would result in a growing gulf between sports clubs in which the richest and most

popular would benefit, making sports competitions less fair, less exciting and less popular. For this

reason, the European Parliament has undertaken to include a new article in the Lisbon Treaty which

takes account of this and would make it possible to balance competition law with the specific interests

of sport. This is another reason why it is highly desirable for the Lisbon Treaty to enter into force as

soon as possible.

In addition to these rather fundamental questions surrounding sport, its position and its organisation,

this publication also addresses a range of issues which are more indirectly connected with sport, such

as television broadcasting rights and betting on sporting events. I hope you enjoy reading it.

Hans-Gert Poettering MEP, President of the European Parliament


The last few years have been marked by a number of

important developments involving sport in the European

Union. One significant step has been the adoption by the

Commission of the White Paper on Sport on 11 July 2007.Being the first comprehensive EU initiative on sport, the

White Paper takes stock of the acquis communautaire and

sets out the position of the Commission on three aspects

of European sport: its social role, its economic dimension,

and its governance. The underlying principles guiding

the Commission’s work were respect for subsidiarity,

for the autonomy and self-regulation of the sport world, and for the EU legal framework. The White

Paper is also the first opportunity to discuss in detail the specificity of sport, providing useful guidance

for sport stakeholders on this sensitive and complex issue. It is based on a comprehensive approach,

covering all areas of the acquis communautaire which may have an impact on sport.

While preparing the White Paper, the Commission ensured a broad consultation of institutions and

interested stakeholders. This was determined in large part by the very active and construktive role

of the European Parliament, starting with its resolution of 13 June 1997 on the role of the European

Union in sport, with more specific resolutions such as on women and sport (2003), sport and

development and doping in sport (2005) and tackling racism in football (2006).

A prominent and influential contribution was the European Parliament’s resolution on the future

of professional football in Europe (rapporteur Ivo Belet) adopted on 29 March 2007. Although the

resolution on the role of sport in education (rapporteur Pal Schmitt) was adopted shortly after the

White Paper, on 13 November 2007, the preparatory work for this resolution also influenced the White

Paper sections on health and education issues.

A framework for practical work composed of 53 actions is appended to the White Paper in the form of

an Action Plan named after Pierre de Coubertin. The Commission has moved swiftly to implement the

C O N T R I B U T I O N


Action Plan taking due account of the priorities expressed by the European Parliament in its resolution

on the White Paper on Sport (rapporteur Manolis Mavrommatis) adopted on 8 May 2008.

To name only a few achievements, the preparation of physical activity guidelines has been going

swiftly and will be presented to stakeholders, according to plan, before the end of 2008. The

Commission presented to the press an independent study in May 2008 on the “home grown players”

issue, stating that it considers that UEFA has opted for an approach which it considers to comply with

the principle of free movement of workers. The Commission will also launch a study on sport agents

in the European Union in the autumn of 2008 to feed into a future impact assessment on whether EU

action might be necessary in this field. Studies on volunteering in sport and on the financing of sport

are also being prepared for 2008/2009.

The first European social-dialogue committee in the sport sector devoted to professional football was

launched in Paris on 1 July 2008. The Commission is encouraging and providing support to other sport

sectors to follow the same path.

The way ahead consists of developing an active EU approach to sport, through strengthened

cooperation among EU Sport Ministers and a structured dialogue with the sport movement. It goes

without saying that the Commission will continue to work closely with the European Parliament in

implementing this approach.

I commend the Parliament’s continuing efforts to further the cause of sports at European level.

This book provides us not only with an overview of what has already happened in this field, but also

with a good starting point for our future cooperation.

Jan Figel, Commissioner for Education, Training, Culture and Youth


2008 has been an exciting year for sport so far. The world looked

with curiosity at the European football championship in Austria and

Switzerland and was preoccupied with Olympia. As all good things

come in threes, I will mention the third important “event” concerning

sport this year: For the first time an extensive debate on the subject

of sport provoked by the Commission’s draft of a White Paper on

sport has taken place on the level of the EU. These three events were

outstanding examples for the role sport is playing in the world from

the moment the Olympic fire has been lighted up for the first time in

the history until today.

It plays a considerable role in education, teaching young people the values of tolerance and respect

for the rules of fair play. Amateur and non-profit sport depending on volunteering strengthens social

cohesion and inclusion and promotes local democracy and active citizenship.

Sport unifies people, encourages international understanding, is a symbol for community beyond

historical burden; helps to curb obesity and chronic conditions such as diabetes. Eliminating unhealthy

lifestyle habits sport maintains the lowering of the cost of health insurance funds. It’s an important

instrument for the rehabilitation and social inclusion of people with disabilities and of those from less

privileged backgrounds, in particular migrants.

Sport events attract people from all over the world and enhance tourism, but have their shady sides

as well. For such events unfortunately stand in a close relationship with doping the abuse of which is

fuelled by excessively busy schedules that put pressure on athletes. That’s a negative effect we have to

battle against. But back to the bright side of sport.

C O N T R I B U T I O N

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Despite the huge benefits it provides for our society, sport hasn’t been anchored in the treaties of the

EU for a long time. I always argued for a change of this drawback. The Nice Declaration of December

2000 on the specific characteristics of sport and its social function in Europe included the first explicit

commitment to the importance of sport. As a second step, the article 149 of the Lisbon Treaty says

that the EU contributes to the promotion of European sporting issues, taking into account the specific

nature of sport, its structures based on voluntary activity and its social and educational function.

The EP put this year a milestone adopting the White Paper on Sport. It’s the result of a long process of consultation with the organisations from the world of sport and contains proposals for the further

proceeding of the EU regarding sport policy. It aims at the promotion of sport by including it in

other policy fields, creating the conditions for more effective decisions and by providing guidelines

concerning the application of EU-law. In the following years the Commission will orient its measures in

the field of sport toward the Whitepaper and the action plan “Pierre de Coubertin” as the completion of the Whitepaper.

The EP, in its resolution on the EU White Paper on Sport of 8 May 2008, expressed its political will

regarding two more challenges that EU sport policy must address: securing the financing of amateur

and grassroots sport, and protecting sport from any improper influence associated with betting.

While professional sports, especially professional football, have many sources of income (media rights,

advertising, sponsorship, merchandising, etc), amateur and grassroots sport heavily depends on

public funding, which is, in many EU Member States, generated to a very large extent by state lotteries.

The EP therefore voiced its concern at the possible opening of national lottery and gambling markets,

reminding the Commission of taking into account the impact that such a forced opening, against

the will of Member States, would have on the financing of non-professional sport, especially as no

sustainable and legally and politically feasible alternatives have been properly discussed so far. If the

Commission ignored this negative impact, it would jeopardise not only the European Sports Model

(professional sport only represents the tip of the pyramid; amateur and grassroots sport provide the

foundations) but also disregard the legitimate interests of the maybe biggest civic movement in the

EU, the European Sports Movement.

The EP also warned that sports betting activities, particularly cross-border betting over the internet,

have developed in an uncontrolled manner and pointed to the growing number of betting-related

match-fixing cases. In the past months, there has been hardly a week without media reports about

this sort of manipulation of sporting competitions. Such scandals nourish speculations that they are

just the tip of the iceberg and that many other cases of manipulations remain undetected. Such loss

of confidence is a major threat to a sport. And, more fundamentally, there is a cultural loss to society

itself when a sport is perceived as no longer being conducted according to its ideals but rather as a

subject for manipulation for the financial gain of criminals. What we need now is a strict policy which

protects sport from any improper influence associated with betting.

There have been, as is customary, sceptics questioning the effectiveness of the White Paper, thinking

that it wouldn’t establish any predictability of legal decisions. But I think and time will prove that due

to the Whitepaper we will hit the road to a European Sport Policy.

Doris Pack MEP,Coordinator of the Committee on Culture and Education


I N T R O D U C T I O N

8 May 2008 is without a doubt one of the most important dates, in my

view, during the fifty-year history of the European Union. The European

Parliament’s vote on the report on the White Paper on Sport is certainly a milestone for Parliament, but also for the Commission,

since the 27 Member States are now called upon not only to recognise

the social role of sport but also all the processes for supporting and

promoting the role of sport in civil society, taking decisions which

match the size and breadth of a united Europe.

As the rapporteur of the European Parliament on the White Paper

on Sport, I feel duty-bound to thank the Commission, the Directorate-General for Sport, Culture

and Education, but above all the 785 Members of the European Parliament, my colleagues and

collaborators, who worked for eight months to achieve our objective. That is to say, recognition of

the diversity of sport and the creation of equal opportunities among the 500 million citizens of the

European Union in cooperation with the international sporting organisations, such as the International

Olympic Committee, FIFA, UEFA, the EPFL (Association of European Professional Football Leagues),

FIFPro (the professional footballers association), and the Special Olympics Committee.

The European Union and the Member States which signed the Reform Treaty (Treaty of Lisbon)

established a general framework in the form of a special article (149) through which the White Paper is

incorporated into other EU policies, whilst laying down the conditions for improving the governance

of European sport by providing guidelines for the implementation of EU rules.


The EU’s dialogue with the sporting organisations took fifteen years to achieve the present outcome

and the European Parliament’s adoption of the White Paper; that result was attained through the

efforts of the Commission as well as the Member States, which endorsed the text encompassing

all the aspects of the social role of sport together with the general importance of a framework for

cooperation between all stakeholders for the future of sport: physical activity, health and education of

young people in difficult times where doping, racism and xenophobia are the scourge of sport on our

continent.

A number of measures strengthen the morale of EU citizens and all the indications are that the White

Paper on Sport represents the beginning of a new era in which sport will constitute the perfect vehicle

for noble endeavour and competition on the peoples’ road to European integration, with young

people in the vanguard of the struggle to complete the marathon task of shaping the united Europe

of the future.

Manolis Mavrommatis MEP,Vice-Chairman of the Committee on Culture

and Education of the European Parliament

Rapporteur of the European Parliament

on the White Paper on Sport

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1. General Introduction 30

2. The social role of sport 32

(a) Health and education through sport 32

(b) Yes to social integration, no to discrimination 33

(c) Gender equality and the contribution of women to sport 34

(d) Measures to prevent violence on sports grounds 34

3. Harm caused by doping 36

4. The economic dimension of sport 38

(a) Recruitment 39

(b) Funding for sport 40

(c) The media and the sale of media rights 42

5. Organisation of sports 44

(a) Representation of sportspersons (managers) 45

6. Timing and significance of the Reform Treaty after the White Paper 47

TOWARDS A EUROPEAN SPORTS POLICY

CONTENTS


Today sport is and must be subject to the Community acquis. The articles of association of all sports

federations should respect Community law.

European policies are already having a significant and increasing impact in many areas of sport. The

Commission is being called upon to propose fresh Community initiatives in this area and the green light

for this should accordingly be given by the new Reform Treaty. Obviously any initiative proposed by the

Commission must be underpinned by social dialogue with those concerned.

Specific proposals are now being put forward regarding further Community measures in what is known

as the Pierre de Coubertin action plan, including 53 initiatives to be implemented or supported by the

Commission.

The white paper is concerned with the social significance, economic aspects and organisation of sport in

Europe and the action which will be taken to follow up this initiative.

1. GENERAL INTRODUCTION

There can be no doubt as to the major social significance of sport and its value as such. In the words of

the French historian Pierre de Coubertin, founder of the modern Olympic Games ‘Sport is part of every

man and woman’s heritage and its absence can never be compensated for’

As pointed out in the Commission White Paper, sport is a growing social and economic phenomenon

which makes an important contribution to the European Union’s strategic objectives of solidarity and

prosperity. The Olympic ideal of developing sport to promote peace and understanding among nations

and cultures, as well as the education of young people, was born in Europe and has been fostered by the

International Olympic Committee and the European Olympic Committees.

Sport attracts European citizens and, according to surveys, most people take part in sporting activities

regularly. It also promotes important values such as team spirit, solidarity, tolerance and fair play

contributes to personal development and fulfilment and encourages Europeans to make an active

contribution to society and thereby help to foster active citizenship. At a time when the Commission

seeks to bring itself closer to citizens and tackle issues directly affecting them, sport has a particularly

important part to play within European society.

A very large percentage of the population of each country considers sport to be the most important form

of leisure activity for both participants and spectators, the benefits thereof having an immediate impact

on their everyday lives.

In the White Paper on Sport, the European Union for the first time states its intention of getting to grips

with the relevant issues at every level. Recognition under the Lisbon Treaty of the special nature of sport

and its educational value has strengthened the European Sports Organisations in their resolve to put their

message across to the relevant Community bodies.

However, the world of sport is currently encountering numerous threats and challenges in the form of

commercial pressure, the exploitation of young players, doping, racism and xenophobia, violence,

corruption and money laundering.


physical abilities and social skills. Team spirit, solidarity, competition in a multicultural environment and

the social integration of less-favoured categories are some of the benefits enjoyed by young people who

have made sport part of their everyday lives.

(b) Yes to social integration and no to discrimination

All EU citizens must have access to sport independently of gender, race, age, disability, religious or other

beliefs, sexual orientation and social and economic standing.

Sport is one of the most effective means of social integration and should therefore receive greater support and

encouragement from the European Union, for example through the organisation of special European, national

and local sports and leisure activity programmes. The Paralympics and Special Olympics are examples which

underscore the social value of sport and its contribution to the integration of vulnerable social categories.

The Member States and European Union must give priority to sport, and not only for the able bodied,

since it provides an important means of rehabilitation and social integration for the disabled. Sports

organisations and the Member States are urged to adapt their sports infrastructures to provide the

necessary facilities for the disabled. In addition, sport has an important role to play in facilitating the

social integration of those from less privileged backgrounds, for example, migrants. Accordingly, sports

events and programmes in the Member States seeking to promote the social integration of this particular

category and combat social exclusion are eligible for Social Fund assistance.

Finally, sports organisations can help to combat racism and discrimination in this sector by introducing

stricter rules preserving the sports ground as the working domain of professional sportsmen, in which all

forms of discrimination are proscribed.

Furthermore, many professional sports organisations are able to turn to account the popularity of

certain players, so as to conduct campaigns both inside and outside the stadium to combat all forms of

discrimination, racism and xenophobia, particularly before, during and after major sports events.

2. THE SOCIAL ROLE OF SPORT

According to a Eurobarometer survey, around 60% of European citizens regularly participate in sporting

activities either inside or outside the framework of some 700,000 clubs. The vast majority of sporting

activity takes place in amateur structures. At the same time, professional sport is gaining in significance,

and contributes equally to the social role of sport.

Sport is a major social activity and, as such, of great value for many reasons principally regarding its

contribution in respect of the following:

(a) Health and education through sport

Generally speaking, lack of physical exercise is adversely affecting the health of European citizens,

resulting in an increased incidence of overweight, obesity and a number of chronic conditions such as

cardio-vascular disorders and diabetes, thereby placing a burden on health budgets and the economy of

the Member States in general.

The growing incidence of obesity in Europe, particularly among young people, is a cause for concern and

a major public health problem. If we consider that one child in four under the age of 14 is overweight

in the European Union of 27, we can calculate the benefit of sport for young people of school age in

combating this problem.

The fact is, however, that school syllabuses frequently fail to accord sufficient importance to physical

education and the number of hours devoted to it is steadily decreasing in most Member States. However,

it is necessary to recognise that, if we wish to combat child obesity effectively by means of physical

education, we must ensure that all school pupils are encouraged from an early age to adopt the right

habits, making sport a way of life.

2004 was designated as European Year of Education through Sport. This was because of the need

to educate public opinion regarding the value of sport as a means of developing basic abilities and

proficiency, particularly as part of the school syllabus, thereby helping young people to improve their


benefit from the relevant experience of organisers and sports associations at both national and European

level, so as to ensure that the safety procedures and recommendations adopted by the local authorities

with regard to sports events meet the most exacting specifications.

The valuable experience acquired through the National Football Information Point (NFIP) responsible for

the coordination and cross-border exchanges of information between law enforcement authorities for the

assessment of potentially dangerous situations and details of violent supporters could be the cornerstone

of a ‘civil database’.

However, in implementing cross-border police cooperation with regard to sports events it is at the same

time necessary to ensure respect for freedom, fundamental rights and personal data protection.

In 2007 the Commission undertook to take measures to prevent situations arising where mounting

tension at sports events could deteriorate into clashes between rival supporters and acts of violence.

Its objective is to ensure that European football matches do not provide potential opportunities for

troublemakers to create disturbances by committing criminal offences and breaches of law and order and

public safety. It is necessary to prevent and avert such occurrences during major sports events so that

members of the public are able to go about their business undisturbed by gangs of hooligans. The EU has

earmarked €600 m for the ‘Prevention of and Fight against Crime ‘programme for the period 2007-2013,

one of whose priorities is the prevention of hooliganism.

This programme should accordingly promote effective and innovative ways of dealing with dangerous

supporters and comprehensive training for police and security officers.

Finally, as indicated in the White Paper on sport, the Commission intends to promote a multisectoral

approach based on crime prevention and law enforcement, including fan coaching and cooperation with

international and national football bodies. EU funding for this must be provided under the Youth in Action,

Europe for the Citizens and Daphne III programmes as provided for under the Pierre de Coubertin action

plan.

Finally, regarding the designation of 2008 as European Year of Intercultural Dialogue, special attention has

been given to sport as an eminently suitable arena for intercultural co-existence and as a cornerstone for

dialogue and cooperation with third countries.

(c) Gender equality and the contribution of women to sport

Particular attention should be given to the role of women in sport. Gender issues should be mainstreamed

into all sports-related activities, with a specific focus on access to sport for immigrant women and women

from ethnic minorities, women’s access to decision-making positions in sport and media coverage of

women in sport.

Member States should acknowledge the sporting achievements of women and provide them with

financial support accordingly. The organisation of events with lesser financial and other rewards for

women should not be legally inadmissible.

Finally, the media should give the same prominence to the sporting achievements of women, in order to

promote female role models and overcome gender stereotyping, thereby giving women access to sports-

related careers and decision-making posts.

(d) Measures to prevent violence on sports grounds

In organising sports events, Member States are responsible for preventing and dealing with violence,

racism and xenophobia. The exchange of good practices and information concerning practical

cooperation between the law enforcement and sports authorities in dealing with dangerous supporters

would be an important step in this direction.

A commitment by all concerned to impose more severe and immediate sanctions for acts of racism and

violence on the sports ground or in the stadium would be extremely helpful. To this end, it is important to


Furthermore, the White Paper also refers to the importance of the UNESCO International Convention

against Doping in sport, which has been ratified by only 22 of the 27 EU Member States. The European

Parliament in seeking ratification by Ireland, Slovenia, Malta, Belgium and Cyprus as soon as possible.

However, the Copenhagen Declaration on Anti-Doping in Sport, a WADA initiative which was signed in

December 2007, has been adopted by all the Member States.

An EU working party on measures to combat doping, consisting of representatives from most of the

Member States, has recently been set up to consider some of the most important drugs-related issues,

particularly in relation to amateur and grassroots sport, as indicated by Jan Figel, the Commissioner

responsible for cultural affairs.

The Commission is not convinced that a European anti-doping body would be able to contribute anything

further to measures to combat and eliminate the problem, since the creation of an additional organisation

would if anything undermine the role of national anti-doping organisations (NADO) whose modus

operandi is based on the autonomy of sport and cooperation between national and regional authorities.

Such an initiative would be counterproductive and would send the wrong message to sports bodies and

the Member States.

It is therefore doubtful to what extent the EU could play an effective role in supervising national anti-

doping bodies, particularly since they are already receiving considerable levels of Community funding.

Doping is a social problem which has a serious impact on individuals and communities, particularly in

health terms. The White Paper on Sport sets out the principal problems arising in this connection,

together with recommended solutions.

Let us hope that, by means of measures to educate athletes and make them more aware of the impact of

doping on their health, coupled with recent Member State legislation seeking to contain the problem, we

will be able finally to eliminate the problem.

3. HARM CAUSED BY DOPING

Many cases of doping, a problem which tends to be particularly acute in the run-up to major events, came

to light during the Beijing Olympic Games.

Athletes’ arduous schedules, the duration of major sports events, the fact that in many cases they are

required to compete almost every day, combined with their ambitions and eagerness to succeed,

mean that doping becomes a temptation. This is a problem directly related to the highly competitive

environment and the total dedication and self-discipline required.

However, doping fundamentally runs counter to the Olympic spirit, sporting ideals and medical ethics. It

offends all notions of open and fair competition and jeopardises the health of competitors.

The recommendations contained in the White Paper on Sport with regard to doping include the

following:

(a) more regular monitoring and cooperation between Member State laboratories in the detection of

banned substances,

(b) measures to ease the pressure on athletes,

(c) funding for research into stimulants under Community public health programmes and

(d) information for athletes concerning legal and illegal substances available on the market and the

immediate and long-term impact thereof on their health.

Everyone can agree that trade in illicit doping substances should be dealt with in exactly the same way

as drugs trafficking. Basically, medicines and food supplements available to athletes either directly or

through the internet have the same effect as drugs in that they are harmful to the consumer. Indeed,

doping is a by no means uncommon cause of death on the sports field.


(a) Recruitment

The Bosman case – which was heard by the European Court of Justice – opened a new chapter in the

history of not only football but sports as a whole. According to the judgment of 1995, freedom of

movement for workers covers sportsmen, in particular professional team players.

The liberalisation of the ‘market in sport’ undoubtedly redrew the map of Europe in this respect, since,

up to 1995, international federations had laid down their own rules and restrictions regarding foreign

players. Following the Bosman judgment, they were obliged to find new ways of recruiting top players

and to allow freedom of movement of players notwithstanding organisational changes of clubs in each

country in terms of national make-up.

More specifically, the European Court of Justice recognised the right of footballers and, by extension,

professional sportsmen freedom if choice regarding their next employer, once they were out of contract,

with no financial restrictions. Furthermore, they, rather than their clubs, were entitled to negotiate the

terms of their transfer. This was because the previous system for the transfer of footballers in Europe ran

counter to European law and the free movement of workers.

The transition from the pre-Bosman to the post-Bosman period has not been easy, the judgment in

question having radically altered the previous transfer procedures. The European Court of Justice took

the view that the major importance and social significance of sport, in particular football, and the need

to preserve the competitive balance between clubs meant that it was necessary to eliminate the various

transfer restrictions. Furthermore, under the system applicable up to 1995, the wealthier clubs were able

to acquire any player they wished for. Following the Bosman judgment, however, the players themselves

now have the right to choose.

The White Paper on Sport calls on the Member States and sports organisations not to adopt any further

measures leading to direct discrimination based on nationality. As a result, the European Union rejects

the 6+5 rule recommended by FIFA at the Congress held in May 2008 in Sydney seeking to restrict the

number of foreign players so as to preserve the national identity of the club concerned.

4. THE ECONOMIC DIMENSION OF SPORT

In economic terms, sport can undeniably contribute to achievement of the Lisbon development and

employment objectives, promote local regional and rural development and stimulate tourism by means

of improved infrastructures and joint funding for sports and leisure facilities. Furthermore, in 2004

sports generated added value of € 407 billion, amounting to 3.7% of the EU’s GDP, thereby providing

employment for 15 million people, i.e. 5.4% of the workforce.

However, the lack of a clear definition of sport in the 27 Member States has also left an economic grey

area. For example, the Member Staes have not clearly established whether or not sport is a public service

deserving financial benefits, possibly in the form of tax concessions.

However, the development of a European statistical method to calculate the economic impact of

sport based on national statistics could, in the long term, result in the creation of a European satellite

account helping us to identify the sectors in which sport has an economic impact, for example tourism,

manufacturing and employment.

According to the Commission, a growing percentage of the economic value of sport is linked to

intellectual property rights in respect of advertising, trademarks, use of emblems and the purchase of

media rights. In an increasing globalised and dynamic sector, intellectual property rights are of great

importance in placing sport on a financially sound footing throughout the world. It is also important to

ensure that right-holders are given distant access to cross-border sports events within the EU.

Despite the overall economic significance of sport however, the overwhelming majority of events use

non-profit-making facilities many of which depend on public funding to ensure access for all to such

events.

For this reason, it is important to recognise the particular nature of non-profit-making sports bodies and

Community law should accordingly take account of the difference between voluntary non-profit-making

bodies on the one hand and profit-making organisations on the other.


Gambling and lottery services are also a major source of income for amateur sports. It is, therefore,

important for the state to retain its monopoly in order to ensure continued funding for sport and culture.

It is therefore necessary to examine the dangers of deregulating state-run or state-licensed gambling

or lottery services (for example football pools), which would be hit badly by competition and forced to

restrict funding for amateur sports.

The European Parliament has shown itself to be in favour of the present system of public funding for amateur

sports from state-run lotteries and bodies licensed to organise betting activities in the public interest.

It therefore urged the Member States to take regulatory measures to protect sport from any harmful

consequences of betting and ensure fair play and guarantee respect for intellectual property rights with

regard to pools championships.

However, all this must be done on the assumption that betting on sports events in the European Union

is above board and free of abuse and corruption, while respecting the rights of those involved in the

organisation of sports events.

Cooperation by Member States with sports and betting organisations will provide a functional, fair and

sustainable framework within which to ensure that sports events in the European Union remain free of

illegal betting activities, maintaining public confidence that they are being organised fairly.

Professional sports also derive income from ticket sales. There is frequently an imbalance between supply

and demand regarding major sports events, making life difficult for purchasers. The White Paper stresses

that full account should be taken of the interests of consumers in making tickets available and that ticket

sales should be organised in a fair and non-discriminatory manner at every level.

Another challenge to be met concerns funding for non-profit-making sports bodies and the particular

services they offer. The Commission undertook to consult the Member States regarding the fundamental

challenges they face, given the growing tendency to practise sport individually rather than collectively

and within an organised structure, resulting in a declining volunteer base for amateur sport clubs.

More specifically, this rule requires each club to include in the starting line up at least six players eligible

to play for the national team who are therefore citizens of the country to which the team belongs.

However, there are no limits on the number of other players who may be contracted by the club or the

number of substitutes who may be sent on later.

The FIFA proposal is that the arrangements be phased in progressively to give clubs time to adapt, with

the introduction of 4+7 by 2011, 5+6 by 2012 and 6+5 by 2013.

The EU was opposed to this from the outset since it infringes Article 39 of the EU Treaty and the judgment

by the European Court of Justice in the Bosman case.

On the other hand, the European Union endorses the more proportional and impartial arrangements

proposed by UEFA regarding national players, to the effect that at least eight of the 25 players must have

been trained in the country to which the club belongs, thereby striking a balance between the protection

of national players and freedom of movement of workers.

Particular account should be taken of the fact that professional sportsmen do not have an easy life and

that their careers are relatively short, averaging 10 to 20 years at the most, compared with the ‘standard’

professional career span of 35 to 45 years. Furthermore, the high level of competition calls for maximum

dedication and self-discipline, something which is frequently associated with doping, a clear and present

danger which must be dealt with accordingly.

It is therefore important to provide career outlets for sportsmen retiring from top-level competition. This

may be achieved by means of training and lifelong learning.

(b) Funding for sport

With regard to funding for sports organisations, there are many sources of income, for example club fees,

ticket sales, advertising, sponsorship, the sale of media rights, redistribution of income within sports

federations, merchandising, public funding, etc.


It is therefore essential to list the major events of public interest in the Member States which must be

freely available for television broadcasting under the audiovisual services directive.

Furthermore, legislation centred on intellectual property rights in respect of advertising, trade marks and

the use of images, nomenclature, media rights and all logos used by the organisers of sports events will

help to place sport on a secure financial footing.

It is, however, the responsibility of the Member States to uphold more effectively intellectual property

rights with regard to sports and particularly the rights of organisers with regard to the results and details

of sports events in general, taking into account freedom of the press.

The problem of sport piracy, which has become particularly acute in the last few years, should not be

neglected. Strengthening intellectual property rights in the sports sector within the framework of the

World Intellectual Property Organisation (WIPO) could help to contain the problem.

It is particularly important for rights holders to be given distant access to cross-border sports events in the

EU and problems such as the ‘ambush marketing’, web piracy and illegal betting on sports events must be

dealt with as a matter of priority by the Member States and the Commission.

Sport must guarantee the interdependence of competitors and ensure that the results are not a foregone

conclusion. This could justify the introduction by sports organisations of special framework market

conditions for the organisation and marketing of sports events, but should not result in automatic

exemption from EU competition rules of any sports-related economic activity.

It is a fact that sport can contribute to job creation and economic recovery in less-favoured regions and

large urban conurbations. The funding programmes to be introduced should therefore be used by the

European Union Member States to finance sports activities.

It is also necessary to strengthen cooperation between professional and amateur sports in order to

provide support for small clubs, encourage sport at school and promote the development of the

necessary local infrastructures.

Greater funding is needed for frequently neglected amateur sports, together with better operating

conditions, incentives and facilities, given their undisputed contribution to society.

Another issue is the possibility of reducing VAT for sport in view of its social significance and its close

bonds with the local community.

(c) The media and the sale of media rights

The television broadcasting rights for sports events are a major source of income for professional sport in

Europe and a decisive source of content and revenue for many media operators.

The European Parliament recommends the adoption of a common policy by the Member States regarding

the sale of media rights in order to ensure that the large clubs are not the only ones to benefit. It also

acknowledges the importance of an equitable redistribution of income between sports clubs, including

the smallest ones, and between professional and amateur sport. Furthermore, the collective selling of

media can be important for the redistribution of income, thus achieving greater solidarity between sports.

As provided for in the amended directive on audiovisual services without borders, all the media must be

given access to major sports events so as to protect the right of the public to receive such information

on news broadcasts. In addition, the right to information is recognised, thereby ensuring access by the

general public to television coverage of major national and foreign sports events such as the Olympic

Games, the World Cup and the European Cup.


The Commission has indicated that it is willing to accept limited and proportional restrictions to the

principle of freedom of movement particularly with regard to

(a) the right to select national players for matches between national teams,

(b) the need to restrict the number of third country players at matches and

(c) conditions for the transfer of team players.

(a) Representation of sportspersons (managers)

The creation of a genuine European market for players/athletes and increased salaries in certain sports

disciplines has provided more work for agents, their services being required in an increasing number of

areas. Typically they are responsible for negotiating salaries and ensuring legal protection when contracts

are signed.

However, the rapid internationalisation of sport has meant that corruption may occur on a cross-border

basis. Problems at European level in this respect must be met at European level. The negative aspects of

sport are far outweighed by its benefits. It is therefore necessary to take joint action to combat the former

while enhancing the added value of sport.

The large movement of funds in connection with transfers has prompted the Commission to recommend

that transactions take place directly between those concerned. With regard to sport, this can be more

easily dealt with by either the European organisation responsible or the national information and

verification systems in the Member States.

Malpractice by certain agents involving instances of corruption, money laundering and the exploitation

of underage players or athletes is condemned by all those concerned since such practices are harmful to

sport in general.

5. ORGANISATION OF SPORTS

Political deliberations regarding sport in Europe frequently attach great importance to the ‘European

Sport Model’. The economic and social developments common to most Member States accompanied

by a growing commercialisation, calls for public expenditure, the growing number of participants and

stagnation in the number of voluntary workers are creating new challenges for the organisation of sport

in Europe.

During deliberations with European sports bodies regarding the White Paper on Sport, the Commission

and European Parliament agreed that it is in any case necessary to protect the specific nature of sport

and that account should be taken of this whatever new aspects of sports are covered by Community

legislation following official adoption of the Lisbon Treaty.

European sport is special in two respects:

(a) the nature of sports activities and the rules applicable thereto and

(b) the nature of sports structures (independence and multiplicity of sports bodies, organisation of sport

on a national basis, the principle of a single federation for each sport, etc.).

Within the European historical and cultural context, sport and sports events have traditionally been

organised on a national basis in order to satisfy the requirements of the European public. In particular

national teams are important in terms of not only identity but also solidarity with grassroots sport.

Because of the particular nature of organised sport, European sports structures are as a rule less

developed than their national and international counterparts and relate to the European continent rather

than the European Union of 27.

Furthermore the European Union acknowledges the autonomy of sporting organisations and

representative structures such as those responsible for organising professional sports championships.

Nevertheless minimum regulation is needed at European level in order to ensure better and more

effective coordination.


6. TIMING AND SIGNIFICANCE OF THE REFORM TREATY AFTER THE WHITE PAPER

The White Paper on sport was the first effort by the European Union in this field. The most important

changes regarding European sport concern the following:

> Doping

Following the White Paper the European Parliament calls for joint measures to prevent excessive pressure

being placed on competitors, this being largely responsible for the consumption of doping substances

designed to enhance their performance and physical endurance. The report also calls on the Member

States to deal with trade in doping substances in the same way as drugs trafficking. Furthermore,

independent internal and external monitoring by professional organisations and sports bodies and

measures to educate sports men and women regarding the harmful effects of doping could help to

contain the problem. Finally, the European Parliament is seeking the development of an action plan to

combat doping before the next Olympic Games are held in an EU Member State (London 2012).

> Sale of television broadcasting rights

Another important chapter of the White Paper concerns television broadcasting rights which are the

principal source of income for professional sport in Europe, and an undeniable source of content and

revenue for many media operators. The report by Parliament proposes the adoption of common practices

regarding the sale of broadcasting rights to ensure that they do not benefit large clubs alone, since it is

important to ensure that the fair redistribution of revenue between sports clubs, including the smallest

ones, and that between professional and amateur sports.

The Commission however does not agree, attaching greater importance to Community competition law

than to solidarity within sport. For this reason, the MEPs are seeking Commission endorsement for the

collective selling of broadcasting rights and legal certainty that this will in practice lead to solidarity with

the smaller clubs.

The current economic situation regarding agents requires action by sports bodies at every level in

cooperation with the Commission to improve the rules governing their activities and create a European

institutional framework. In addition recognition of the professional qualifications of agents is covered by

Directive 2005/36/EC, under which national rules apply.

The need for a Community dialogue as recommended by the Commission is recognised since it will

provide valuable basis for negotiations and ongoing relations between employer and employee

representatives, as well as ensuring legal and contractual security in the field of sport. In this connection,

the EPFL and FIFPro are recognised as social partners and the creation of an EU committee for social

dialogue in the field of professional football will greatly affect the approach to European sport in future.

Agents are required to participate actively in the enhanced social dialogue in the field of sport. This,

together with improvements in European agent licensing arrangements, will also help to prevent illicit

practices.

Finally, it is necessary to prevent any form of corruption and exploitation in connection with the

recruitment and employment particularly with regard to underage and third country players. Immigration

legislation must be fully enforced regarding the entry of teams of talented young players from abroad so

as to prevent sport from becoming a breeding ground for trafficking in children and young people.

The recommendations by the White Paper on Sport for preventing such problems arising include:

(a) a European charter of good practices on good practice regarding the selection, admission and

reception of young players from abroad,

(b) the creation of a solidarity fund to finance prevention programmes in countries worst affected by

people trafficking and

(c) the amendment of Article 19 of the FIFA Regulations regarding status and transfers so as to ensure the

protection of underage players.


> Betting

It is universally accepted that deregulation of betting activities will cause problems regarding the funding

of amateur sports, which are largely dependent on revenue from state lotteries. The White Paper therefore

calls on the Member States and Commission to adopt measures to protect both amateur and professional

sports from any adverse effects arising from betting practices. By continuing to protect the betting sector,

we ensure greater transparency, while ensuring that state funding continues to be made available for

amateur sports and culture.

> Women and sport

The MEPs also welcomed the Commission proposal to ensure the mainstreaming of gender issues in every

area of sports activity, particularly regarding the recruitment of women to decision-making posts and

media coverage of women involved in sport.

> Measures to prevent violence on sports grounds

This is another important issue. Parliament calls on the Commission and Member States to implement an

‘information policy’ concerning cross-border police cooperation in the field of sport including exchanges

of information between the law enforcement services while at the same time ensuring respect for

fundamental rights and freedoms and the protection of personal data.

With regard to football, particularly valuable experience has been gathered by national police intelligence

units responsible for coordinating and facilitating cross-border exchanges of information between law

enforcement services including assessment of potentially dangerous situations and details of violent

supporters.

> Why the EU is opposed to FIFA’s 6 + 5 proposal

Parliament was unable to accept FIFA’s 6 + 5 proposal since it would mean a return by the EU to the pre-

Bosman period when UEFA did not allow the free movement of footballers in the Member States on

completion of their contracts with their clubs. However, everyone can agree with the UEFA rule under

which clubs may have 8 home players (out of 25) on their roster for the period 2008-2009, thus protecting

home players while at the same time respecting European legislation regarding freedom of movement for

workers.

> Community funding for sport

Parliament has created a special entry for pilot projects in the field of sport in the 2009 budget. The

measures proposed include the organisation of a three-day pan-European conference of the 27 national

anti-coping organisations together with the World Anti-Doping Agency (WADA) and the International

Olympic Committee (IOC), to be held each year in a different European city.

If this entry in the 2009 budget is approved, the conference will have three basic objectives:

(a) coordination of measures by national anti-doping bodies at European level and cooperation between

them in preventing and combating doping more effectively,

(b) the creation of a European anti-doping network and

(c) the drawing up of conclusions and recommendations regarding the EU’s contribution to combating

doping in view of the alarming proportions it has assumed throughout the world.

Finally, the new budget entry will include funding for the Mediterranean Games held every four years

under the aegis of the international Olympic Committee with competitors from 23 European, Asian and

African countries.


European Parliament resolution of 8 May 2008 on the White Paper on Sport (2007/2261(INI))

Texts adopted by Parliament

Thursday, 8 May 2008 / Brussels / White Paper on Sport / A6-149/2008

The European Parliament,

> having regard to Article 6 of the EU Treaty and Article 149 of the EC Treaty as amended by the Lisbon

Treaty concerning the EU contribution to the promotion of European sporting issues while taking

account of the specific nature of sport, its structures based on voluntary activity and its social and

educational function,

> having regard to the White Paper on Sport (COM(2007)0391),

> having regard to the Helsinki report of December 1999 and the Nice Declaration of December 2000

on the specific characteristics of sport and its social function in Europe,

> having regard to the UK Presidency’s initiative in respect of European football which led to the

drawing up of the ‘Independent European Sport Review 2006’,

> having regard to the case law developed by the European Court of Justice and the Court of the First

Instance and Commission decisions on issues relating to sport,

> having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal

treatment between persons irrespective of racial or ethnic origin (1), which prohibits all forms on

racial discrimination in the areas of employment, education, social security, health care and access

to goods and services,

> having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general

framework for equal treatment in employment and occupation (2),

> having regard to its resolutions of 13 June 1997 on the role of the European Union in the field of

sport (3) and of 5 June 2003 on women and sport (4),

> having regard to its resolution of 29 March 2007 on the future of professional football in Europe (5),


> having regard to its resolution of 13 November 2007 on the role of sport in education (6),

> having regard to its resolution of 14 April 2005 on doping in sport (7),

> having regard to its resolution of 14 March 2006 on tackling racism in football (8),

> having regard to the World Anti-Doping Code of 2003 and its revision in 2007,

> having regard to the report and the conclusions of Europe’s first conference on the Governance of

Sport ‘The rules of the Game’ (Brussels, 26-27 February 2001),

> having regard to the Memorandum of Understanding signed by the Commission and FIFA in 2006 to

make football a force for development in the African, Caribbean and Pacific countries,

> having regard to the experience gained from the European Year of Education through Sport (2004)

and the recommendation of the European Parliament and of the Council of 18 December 2006 on

key competences for life-long learning (9),

> having regard to Rule 45 of its Rules of Procedure,

> having regard to the report of the Committee on Culture and Education and the opinions of the

Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs,

the Committee on the Internal Market and Consumer Protection, the Committee on Regional

Development, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home

Affairs and the Committee on Women’s Rights and Gender Equality (A6-0149/2008),

A. having regard to the role of sport in promoting integration and its potential contribution to social

cohesion and the internal cohesion of the regions,

B. whereas European sport is an inalienable part of European identity, European culture and

citizenship, and whereas European sport is based upon the commitment and the enthusiasm of

millions of athletes, volunteers and supporters who are active in a large number of sports clubs

and federations, a broad movement that has created many outstanding sportswomen, sportsmen

and sports teams and that has made sport a highly valued aspect of our society, in which sporting

events are extremely popular,

C. whereas sport plays a very important role in European society, parts of competition sport, however,

are confronted with new threats and challenges, such as commercial pressure, the exploitation of

young players and sportsmen and sportswomen, doping, racism, violence, match fixing, corruption,

betting fraud and money laundering,

D. whereas sport has a special role in society as an instrument of social inclusion and integration, and

whereas sport constitutes an important instrument for promoting intercultural dialogue and makes

an outstanding contribution to the development and promotion of important social, cultural and

educational values, such as fairness, tolerance and mutual respect, solidarity, respect for rules, team

spirit, and self-discipline; whereas sport plays a particularly important role in European society in

terms of health, education, social integration and cultural values, thanks to organisations structured

on voluntary lines,

E. whereas under Article 149 of the EC Treaty as amended by the Lisbon Treaty, EU action shall be

aimed at developing the European dimension in sport, by promoting fairness and openness in

sporting competitions and cooperation between bodies responsible for sport, and by protecting

the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen

and sportswomen; whereas action at EU level should complement that taken by other actors

without changing the existing attribution of competences,


K. whereas voluntary activities in the sporting sector strengthen social cohesion and inclusion and

promote local democracy and active citizenship and also have an implicit economic value, as

without volunteers sporting activities would come at a much higher cost and many of the social

activities related to sport would disappear; whereas there is a need to promote voluntary sports

structures and to encourage voluntary services in sport by means of measures providing appropriate

protection for and acknowledging the economic and social role of volunteers,

L. whereas a lack of physical exercise leads to an increase in cases of obesity and chronic conditions,

such as cardiovascular diseases and diabetes, and as a consequence this puts a burden on the health

budgets of Member States,

M. whereas the number of hours of physical education in both primary and secondary schools has

declined over the last decade, and there are major differences between Member States with regard

to sporting facilities and the stock of equipment; whereas sport offers young people welcome

opportunities for participation and personal commitment within society and can help to steer them

away from delinquency,

N. whereas doping undermines the principle of transparent and fair competition and puts sportsmen

and sportswomen under unreasonable pressure,

O. whereas the 2003 World Anti-Doping Code has succeeded in becoming a model for the

harmonisation of national legislation worldwide; whereas efforts deployed by the World Anti-

Doping Agency (WADA), however, are mainly focused on sport at the top level,

P. whereas the Union would benefit from a more coordinated approach in the fight against doping,

in particular by defining common positions in relation to WADA, Unesco and the Council of Europe,

and through the exchange of information and good practice between governments, national anti-

doping organisations and laboratories,

F. whereas, with a view to the ratification of the Lisbon Treaty and Article 149, the role of sport in

Europe must be given strategic direction by clarifying the application of Community law to sport;

whereas a case-by-case approach to deal with the specificity of sport is unsatisfactory from the

perspective of sports organisations which will entrench existing legal uncertainty, and whereas

there must be further sports-related action at EU level while respecting the autonomy, specificity

and self-regulation of sports organisations;

G. whereas Article 149 of the EC Treaty as amended by the Lisbon Treaty calls on the Community

to promote fairness and openness in sporting competitions, and whereas the application of

competition rules to sport is leading to a widening gap between sports clubs to the advantage

of the richest, or most popular, which is harmful to the fair conduct of sporting competitions and

therefore contradicts the objective laid down in that Article,

H. whereas account must be taken of the independence of sports organisations and representative

bodies such as those organising professional championships, together with the fact that

organisational responsibility weighs principally on the governing boards of sports bodies and, to a

certain extent, on the Member States and social partners,

I. whereas professional sport is constantly gaining in importance and is helping to enhance the role of

sport within society; whereas competition law and internal market provisions apply to professional

sport to the extent that it constitutes an economic activity,

J. whereas sport falls within the scope of EU law, notably with regard to the principle of representative

and participatory democracy in the decision-making bodies of European sports institutions and

Article 13 of the EC Treaty, which prohibits discrimination based on sex, racial or ethnic origin,

religion or belief, disability, age or sexual orientation; whereas in certain instances, in view of the

specific characteristics and essential and singular features of sport, it cannot be compared with an

ordinary economic activity,


V. whereas growing digital piracy (and in particular the unauthorised live and re-transmission of

sporting events) is a major threat to the sporting sector, though there is little awareness of the

problem,

W. whereas the overwhelming majority of sporting activities are run on a non-profit-making basis

and many of them depend on financial support to ensure that they are accessible to all; whereas

financial support is important for grass-roots sport and sport for all, subject to compliance with

Community law; whereas organised sport in almost all Member States is built on specific non-profit

making governing structures at grass-roots level, heavily reliant on the commitment of volunteers,

with specific forms of legal personality or status that provide the preconditions for a range of

financial and fiscal advantages,

X. whereas Member States have not clearly defined what sport is, and have not clarified whether or

not it is a service of general interest which justifies favourable financial treatment (for example tax

relief ),

Y. whereas the amount of donations and government funds are decreasing, and whereas in order to

survive, the majority of non-profit sports organisations need to raise revenues from some kind of

commercial activity, enabling them to fulfil effectively their social objectives, and therefore these

organisations are subject to EU law,

Z. whereas sports organisations have many sources of income, such as club fees and ticket sales,

advertising and sponsorship, lotteries, media rights, re-distribution of income within the sports

federations and leagues, merchandising and public support, with revenues generated by state-

owned or state-licensed lotteries and gambling operators being by far the most important source of

income in many Member States,

Q. whereas, despite some progress having been made in the area of gender equality at European level,

inequities between sportsmen and sportswomen persist; whereas training systems for talented

young sportsmen and sportswomen should be open to all and must not lead to discrimination

between EU citizens and residents based on nationality or gender,

R. whereas all residents should have access to sport and the specific needs of some groups therefore

need to be addressed, such as people with disabilities, immigrants and people from less privileged

backgrounds, and whereas, in particular, disabled sportsmen and sportswomen must not suffer

discrimination compared to their able-bodied counterparts as regards equal access to sport within

the Member States,

S. whereas sport is intended for all citizens, regardless of gender, race, age, disability, religion,

nationality, sexual orientation and social or economic background; whereas sport can be a force

for social inclusion and integration, and whereas the Parliament and Commission have repeatedly

condemned all displays of violence, racism and xenophobia,

T. whereas violence during sporting events remains an unresolved problem and can take various

different forms; whereas major sporting events attract prostitution and trafficking in women and

children whilst they are taking place,

U. whereas according to a study presented during the Austrian Presidency in 2006, sport generated

added value of EUR 407 billion in 2004, accounting for 3.7% of EU GDP and providing employment

for 15 million people or 5.4% of the labour force; whereas sport, thus, contributes to the Lisbon

objectives of growth and job creation and serves as a tool for local, regional and rural development,

and whereas it can also have synergies with tourist development through the upgrading of

infrastructures and the emergence of partnerships for financing sports and leisure facilities,


AG. whereas the sector’s high degree of internationalisation has led to cross-border corruption in the

sporting sector; when governing bodies face cross-border corruption problems with a European

dimension they should be able to call on the Commission for assistance if and when it is needed,

AH. whereas licensing systems, approved by the respective competition organisers, aim to ensure that

all professional clubs respect the same basic rules on financial management and transparency and

whereas they should be compatible with competition and internal market provisions and should not

go beyond what is necessary to achieve a legitimate objective relating to the proper organisation

and conduct of sport,

AI. whereas, by the very nature of organised sports, sporting structures at European level are as a rule

less developed than at national and international level, while sport at European level is organised

continent-wide and not at the level of the European Union,

AJ. whereas the White Paper on Sport refers frequently to the mainstreaming of sport within European

funding programmes, and whereas the Union shall also take the sporting dimension into account

when it acts, in particular in order to respect the autonomy, specificity and self-regulation of

sports organisations and to promote sport at European level; whereas the outcome of a structured

dialogue between all stakeholders is very important in understanding the special nature of sport,

AK. whereas the Commission has decided to make health-enhancing physical activity a cornerstone

of its sport-related activities; whereas the Council of Europe has demonstrated an innovative and

effective dialogue with the sports movement in Europe, bringing together governmental and non-

governmental sports stakeholders in its meetings,

AL. whereas social dialogue at European level may allay the concerns shared by employers and

sportsmen and sportswomen by including an examination of agreements concerning relations

between them and working conditions in the sector,

AA. whereas media rights are a primary source of income for professional sport in Europe, income which

is, inter alia, also reinvested in grass-roots training, facilities and community projects, and sporting

events are a popular source of content for many media operators,

AB. whereas sports organisations in the European Union consider the contribution made to the

financing of non-professional sport by state-run lotteries and licensed gambling bodies operating in

the general interest as indispensable; whereas no other sustainable and politically feasible solution

has so far been either proposed or seriously discussed to make up for the substantial losses from

these sources of financing to be expected if profit-making enterprises were authorised to operate in

Member States which have thus far applied restrictive gambling policies,

AC. whereas sports betting activities have developed in an uncontrolled manner (particularly cross-

border betting on the Internet), whereas a growing number of matches have been fixed and

whereas betting-related scandals have recently come to light in Member States, threatening the

integrity of sport and sporting competitions,

AD. whereas the economic and social developments common to most Member States through growing

commercialisation, encouragement to increase public spending and the growing number of

participants and the number of volunteers remaining unchanged, have created fresh challenges

regarding the organisation of sports in Europe,

AE. whereas national teams play an important role not only by establishing their own credentials but

also by ensuring solidarity with sport at grass-roots level and therefore deserve support,

AF. whereas the development of a truly European market for sportsmen and sportswomen and players

and the rise in the level of their salaries in some professional sports have resulted in an increase in

the activities of players’ agents, and whereas for this reason there is a need in the Member States for

specific training of sports managers and players’ agents,


of European law to sports in Europe and by supporting studies and seminars on the concrete

application of the ‘acquis communautaire’ on sport; invites the Commission to ensure clarity,

coherence and public visibility of EU rules, so that sports services of general interest can fulfil

their objectives and contribute to a better quality of life for European citizens; further asks the

Commission to monitor and regularly review the application of EU law in accordance with the EC

Treaty to take account of new realities so as to identify and solve pending or emerging issues;

5. Agrees with the Commission that most challenges can be addressed through self-regulation

in line with good governance principles, provided that EU law is respected; believes a structured

partnership and dialogue between the Commission and the sports movement is essential for

the good governance of sport and for avoiding legal uncertainty in respect of autonomy and

self-regulation of sports organisations; agrees with the Commission regarding the holding of a

structured dialogue in two parts: (a) an annual European sports forum attended by all those involved

in sports and (b) thematic discussions with a limited number of participants;

6. Welcomes the participation of the following in the proposed structured dialogue:

> European sports federations,

> European interdisciplinary sports organisations, in particular the European Olympic Committees,

the European Paralympic Committee (EPC), Special Olympics and European non-governmental

sports organisations,

> national sports organisations and national Olympic and Paralympic committees,

> others involved in sports represented at European level, including the social partners,

> other European and international organisations, in particular the sports bodies of the Council of

Europe and UN bodies such as Unesco, and the WTO;

AM. whereas sport can contribute to various aspects of the EU’s external relations in the context of

external aid programmes, contributing to dialogue with partner countries in the framework of EU

public diplomacy,

AN. whereas European sports organisation, the organisers of sporting events and all bodies responsible

for sports must set themselves environmental objectives with a view to ensuring the environmental

sustainability of their activities,

The organisation of sport

1. Welcomes the publication of the White Paper on Sport and hopes that it serves as a basis for the

sports world and the Commission to engage in a fruitful and continuous dialogue; appreciates the

importance the Commission attaches to sport by adopting this White Paper;

2. Welcomes the fact that Member States recognised sport officially in the Lisbon Treaty in order to

establish a consistent future European policy in this sector; while taking into account the specific

nature of sport, its structures based on voluntary activity and its social and educational function

while enabling the Commission to promote and complement – but not to regulate – the actions of

Member States and sports organisations; notes that existing structures for sport in Europe are based

on the principle of nationality;

3. Believes that the complementary competences relating to sport contained in Article 149 of the

EC Treaty as amended by the Lisbon Treaty should be exercised by the Commission with regard

to the principle of subsidiarity, respecting the autonomy of sports organisations and the relevant

gove

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