3 WHITE PAPER ON SPORT
(28796)
11811/07
COM(07) 391
+ ADD 1
+ ADD 2
+ ADD 3
+ ADD 4
| Commission White Paper on Sport
Impact assessment of the White Paper
"Pierre de Coubertin" Action Plan
The EU and sport: background and context
Executive summary of the impact assessment
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| Legal base | —
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| Document originated | 11 July 2007
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| Deposited in Parliament |
17 July 2007 |
| Department | Culture, Media and Sport
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| Basis of consideration |
EM of 30 July 2007 |
| Previous Committee Report |
None |
| To be discussed in Council
| No date set |
| Committee's assessment | Politically important
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| Committee's decision | Not cleared. Further information requested from the Minister. Opinion of the Culture, Media and Sport Committee requested
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Legal background
3.1 The EC Treaty does not provide a specific legal base for Community
action on sport. But many provisions of the EC Treaty are relevant
to sports matters, including those on;
- discrimination on grounds of sex, racial or ethnic origin,
religion, disability, age or sexual orientation (Article 13);
- citizenship and the right to move and reside freely within
the territories of the Member States (Articles 17 and 18);
- the free movement of persons, services and capital (Title
III);
- visas and immigration (Title IV);
- competition (Title VI);
- protection of workers (Article 137);
- education and training (Articles 149 and 150);
- public health (Article 152);
- economic and social cohesion (Article158 to 162); and
- development cooperation with third countries (Article177).
Relevant provisions of the EU Treaty include those on a common
foreign and security policy and on police and judicial cooperation
in criminal matters.
Policy background: the Nice Declaration
3.2 At its meeting in December 2000, the European Council adopted
a declaration (the Nice Declaration) on "the specific characteristics
of sport and its social function in Europe, of which account should
be taken in implementing common policies".[20]
The Declaration stated that:
"Sporting organisations and the Member States have a primary
responsibility in the conduct of sporting affairs. Even though
not having any direct powers in this area, the Community must,
in its action under the various Treaty provisions, take account
of the social, educational and cultural functions inherent in
sport and making it special, in order that the code of ethics
and the solidarity essential to the preservation of the social
role may be respected and nurtured."[21]
The Declaration sets out general principles on, for example, sport
for all, the role of sports federations, the protection of young
people and the ownership and financial control of sports clubs.
The European Council invited the Community's institutions and
Member States to examine their policies in the light of the general
principles.
The White Paper
3.3 The White Paper is the first occasion on which the Commission
has presented a comprehensive statement on sport-related issues.
The objective of the White paper is:
"to give strategic orientation on the role of sport in
Europe, to encourage debate on specific problems, to enhance the
visibility of sport in EU policy-making and to raise public awareness
of the needs and specificities of the sector. The initiative aims
to illustrate important issues such as the application of EU law
to sport. It also seeks to further sports-related action at EU
level."[22]
3.4 The Commission notes the benefits of sport for individuals
and society through its encouragement of fair play, team work,
tolerance and self-discipline. It also notes that sport in Europe
is at risk from crime and anti-social behaviour, such as money-laundering
and violence.
3.5 The White paper has four main parts. Each discusses specific
issues and outlines the action the Commission proposes to take
or to support. The four parts are on:
- the Societal Role of Sport (including sections on improving
public health through physical activity; taking concerted action
against doping, racism and violence; the role of sport in education
and training; the potential of sport to promote social inclusion,
integration and equal opportunities; and sharing the EC's values
with other parts of the world);
- the Economic Dimension of Sport (including sections
on evidence-based sports policies and on putting public support
for sport on a more secure footing);
- the Organisation of Sport (including sections on the
application of EC law to such aspects of sport as the composition
of teams; transfers; players' agents; the protection of minors;
corruption, money laundering and other forms of financial crime;
the sale of the media rights to sporting events and the distribution
of the income from such sales); and
- the follow-up to the White Paper through "structured
dialogue" with European and national sports organisations,
the Council of Europe and interested UN bodies; and cooperation
with Member States.
3.6 The initiatives the Commission intends to take or support
are brought together as the "Pierre de Coubertin Action
Plan" (ADD 2).[23]
The Action Plan is as follows:
3.7 The Commission will organise a conference in the autumn to
present the White Paper to bodies with an interest in sport. It
will also present the White Paper to Sports Ministers and the
European Parliament.
3.8 ADD 1 contains an impact assessment of the White Paper by
the Commission's staff. Among other things it compares the Commission's
preferred policy option — a non-binding White Paper and
Action Plan — with three others: take no new action; a Green
Paper; or new EC regulatory legislation. ADD 4 summarises the
impact assessment.
3.9 ADD 3 provides supporting information about the proposals
in the White Paper. It includes substantial annexes on the rulings
of the European Court of Justice on the application of Community
law to sport.
The Government's view
3.10 The Minister for Sport at the Department of Culture, Media
and Sport (Mr Gerry Sutcliffe) tells us [in paragraphs 15.2 to
15.4 of his Explanatory Memorandum] that the Government:
"welcomes the Commission's White Paper on Sport as a
useful platform from which to consider and address the many issues
confronting sport, sporting organisations, Member States and the
Commission.
"The Government strongly supports the Commission's position
that the majority of these challenges can and should be addressed
by sport itself. Indeed, the [Government's] position has been
consistently clear — any activity in this area must be underpinned
by a clear commitment to the autonomy of sport and can be supported
only where clear value is added to existing national policy.
"The White Paper raises many issues which require further,
detailed discussion with stakeholders."
3.11 The Minister goes on to comment in detail on each part of
the White paper. He explains that the UK is in the forefront of
action on some of the issues (such as countering violence and
racism in sport); it will be happy to cooperate with other Member
States; it has reservations about other parts of the Commission's
Action Plan; and it wishes to consult widely before reaching views
on other parts.
3.12 Commenting on the Commission's proposals about action to
counter doping, the Minister says [in paragraphs 16.5 and 16.6
of his Explanatory Memorandum] that:
"The UK has, along with a number of other Member States,
sought to limit the Commission's proposals for a network of anti-doping
organisations of Member States to an 'informal' arrangement, more
akin to exchange of information rather than formal policy development.
"This is not to diminish the importance of work in this area,
nor its impact on EU Member States. It is more a recognition that
we should not seek to unnecessarily duplicate existing and well-regarded
anti-doping structures (eg Council of Europe, WADA [World Anti-Doping
Agency], UNESCO). The membership of these groups already includes
EU Member States, along with wider international representation,
and provides an adequate and appropriate platform from which to
address anti-doping issues within, and outside, the EU. No significant
benefits could be realised from an additional EU group."
3.13 The Minister also makes clear that the Government would be
opposed to any proposal to require Member States to fund sport
through a tax or levy on betting and states firmly that the setting
of VAT rates for sport is a matter for each Member State to decide
for itself. He also notes that the case for EC action to regulate
the activities of Players' Agents is currently unclear.
3.14 Finally, the Minister tells us that:
"The Government will maintain its dialogue, through regular
meetings and correspondence, with sporting organisations, devolved
authorities, non-departmental public bodies and other Government
Departments within the UK. It will also continue to discuss and
consider the impact of the proposals contained in the White Paper
with other EU Member States, and work with them where there are
issues of mutual interest."
Conclusion
3.15 We think it unlikely that the authors of the EC legislation
on, for example, competition, the internal market, the free movement
of people and sexual discrimination had its application to sport
in mind when they adopted the measures. But the White Paper and
the analysis of case law in Annexes I and II of ADD 3 show clearly
that EC law is of major importance to sport in the EC. We believe
that the Commission has performed a valuable service by drawing
attention to this and providing a lucid explanation of the legal
issues.
3.16 But the Commission's Action Plan goes far beyond the matters
affected by existing EC law. Some of the proposals appear to duplicate
action being taken through other international organisations,
such as the Council of Europe and UNESCO. Moreover, it appears
questionable whether all the action the Commission has in mind
is compatible with the requirements of subsidiarity. We can well
understand, therefore, why the Government wishes to consult widely
in the UK and to reflect on the proposals before reaching firm
views on the Action Plan. We ask the Minister for a progress report
by the end of November on the Government's further consideration
of the White Paper.
3.17 In accordance with the power given to us by Standing Order
143(11), we ask the Culture, Media and Sport Committee for its
Opinion on the Commission's White Paper.
3.18 We shall keep the White paper under scrutiny pending consideration
of the Minister's progress report and the Committee's Opinion.
20
Nice European Council, 7, 8 and 9 December 2000, Presidency Conclusions,
Annex IV, page 25. Back
21
Ibid, paragraph 3.1. Back
22
White Paper, page 2, paragraph 4. Back
23
Pierre be Coubertin was the founder of the modern Olympic Games. Back
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