Memorandum submitted by the Rugby Football
League
The Rugby Football League (RFL) is the governing
body for rugby league in the United Kingdom. The RFL is also a
member of both the Rugby League European Federation (RLEF) and
Rugby League International Federation (RLIF), and the RFL's Executive
Chairman is the Chairman of the RLEF and Vice-Chairman of the
RLIF.
The RFL welcomes the Culture, Media and Sport
Select Committee's decision to hold an inquiry into the European
Commission's White Paper on Sport. The RFL is aware that the Central
Council for Physical Recreation (CCPR) has also submitted a response
which the RFL endorses.
THE SOCIETAL
ROLE OF
SPORT
2.1 Enhancing public health through physical
activity
The RFL believe that this is an interesting
element of the paper. Sport provides many benefits, but, with
government's focus switching to obesity and health agendas, the
RFL believe that sport and the sport governing bodies can play
an important part in that agenda. However it should be recognised
that sport should not be used simply as a tool to deliver targets
unrelated to sport participation. Sport should be supported as
sport in its own right.
The RFL supports the emphasis on Youth &
Citizenship, but much of this already happens and should be supported
rather than start anew.
2.2 Joining forces in the fight against doping
It goes without saying that as a sport that
has adopted the WADA Code, Rugby League is committed to the fight
against doping. The RFL works very hard with UK Sport to combat
anti-doping and to educate Rugby League players. It is pleasing
that the EU recognises the law-enforcement and a health and prevention
dimension and such commitment should be recognised with the appropriate
level of funding.
2.3 Enhancing the role of sport in education
and training
Sport has numerous benefits to offer these two
fields and some best practice can already be seen at many Rugby
League clubs who have opened their doors to young children in
order for sport to be used as part of their education.
The RFL agrees with the CCPR that the development
of education, training and the European Qualifications Framework
(EQF) in sport will aid the mobility of sportspeople and the transferability
of skills. The RFL is encouraged by the potential development
of pan-European coaching qualifications, development and sharing
of best practice and the RFL has attempted to bid for this over
a number of years.
2.4 Promoting volunteering and active citizenship
through sport
The RFL agrees with the CCPR that by identifying
key challenges and the main characteristics of services provided
by sports organisations and launching a study on volunteering
in sport a better understanding of the needs of voluntary clubs
can be established.
However, the EU should recognise the amount
that already goes on and support this with any finance that is
available in order to help clubs, for example, to help themselves.
2.5 Using the potential of sport for social
inclusion, integration and equal opportunities
The RFL is fully committed to social inclusion,
integration and equal opportunities. The RFL has shown this commitment
with the appointment of an Equality and Diversity Manager and
would welcome input into the EU on this area of activity. The
RFL's belief is that those involved in sport at all levels should
reflect the communities in which they are based.
2.6 Strengthening the prevention of and fight
against racism and violence
The RFL is equally committed to these agendas.
As a sport, the RFL believes that Rugby League has a lot to offer
in terms of best practice and would welcome being involved in
discussions on these two points. The RFL has rolled out a RESPECT
programme which the RFL could offer to other sports and nations.
The RFL would welcome financial input to assist the development
of this across other sports and in other countries.
2.7 Sharing our values with other parts of
the world
Sport can be a useful tool in sharing values
internationally. This can be through international competition
and through the establishment and support of European and international
bodies. European funding to help develop on each of these fronts,
particularly at European federation level, would be extremely
beneficial. In 2003 the RFL created the Rugby League European
Federation and is still today having to provide most of the financing
for the organisation.
Grassroots sports need help setting up exchanges
and the RFL would suggest EU funded and supported competitions
at grass roots levels to promote competition and exchanges within
and outside the EU. The RFL would be happy to pilot this.
2.8 Supporting sustainable development
The RFL would welcome being involved in structured
dialogue relating to participation in the Eco Management Audit
Scheme (EMAS) and Community Eco-Label Award schemes. The RFL is
willing to consider promotion of these voluntary schemes during
major sport events, but the EU must recognise that sports are
heavily reliant on commercial and sponsorship income from these
major events, which should not be prejudiced.
THE ECONOMIC
DIMENSION OF
SPORT
3.1 Moving towards evidence-based sport policies
The RFL has participated in several publicly
funded studies into the impact of sport on local economies. These
have proved very beneficial in identifying the key benefits of
sporting events and sport in general with its major contributions
to local areas. The RFL would welcome further such studies, which,
it is believed, will produce similarly positive results.
It is worth clarifying that this should be both
professional and grassroots sport.
3.2 Putting public support for sport on a
more secure footing
The RFL agrees with the CCPR that this is a
positive step and that this will hopefully allow the European
institutions to understand and protect how local level sport is
funded. The RFL repeats the CCPR's offer of help in creating a
full analysis of the economic impact of sport.
Again, the RFL agrees with the CCPR that defending
VAT rates for sport is crucial for grassroots and governing body
development and that more should be done to share and encourage
European best practice with a view to bringing current UK taxation
for sports and sports organisations in line with that from more
positive European countries.
The RFL supports the CCPR encouragement for
the Commission to create funding streams focusing on sport for
sport's sake when the Reform Treaty is ratified and Europe gains
a supporting competence in sport.
THE ORGANISATION
OF SPORT
4.1 The specificity of sport
The RFL supports the CCPR's argument that the
ability of national governing bodies to define their own sporting
regulations is not defined in full and that sporting governing
bodies should be entirely responsible for the running of
their sports within EU and national law rather than the White
Paper on Sport suggestion that governance is "mainly the
responsibility of sports governing bodies". Also reassurance
must be given that changes made to protect sport and fair competition
or prevent negative aspects such as ticket touting, money laundering
or corruption will not suffer legal challenges.
The RFL therefore also shares CCPR's concern
that the specificity of sport is not defined. Sport should not
be subject to all EU or national law with complete rigidity. EU
laws do not necessarily meet the needs of sport. The national
governing bodies of sport must be able to act in the secure knowledge
that rule changes they make for the good of sport cannot be challenged
under EU law. The legal position of sport in Europe with respect
to both its autonomy and specificity must be improved and defined.
4.2 Free movement and nationality
The RFL urges that the current uncertainty over
home-grown players and quotas is addressed. It should be up to
sports themselves to determine whether player quotas for home-grown
players or non-nationals are needed to develop and promote the
sport.
The RFL is concerned that, whilst a Commission
study is underway to analyse access to individual competitions
for non-nationals and access for home grown players, only the
world of football is being considered. This is unacceptable. Freedom
of movement and Kolpak equally affects other sports, and in particular
Rugby League. Huge strides are being taken by the RFL to encourage
the production of home grown players by individual clubs. However,
that is against a backdrop of legal uncertainty. The RFL, and
other sports governing bodies from outside football, should be
invited to share their experiences, the impact the current laws
have on the game, efforts being taken to address the issues and
potential legislative solutions.
The sport of Rugby League, and indeed all sports,
should be given effective representation in European policy making
processes.
Although Rugby League may not have the same
reach as football in Europe, it is important that the significance
of Rugby League, as well as other sports, is recognised. The RFL
urges the Commission to recognise the importance of other sports,
such as Rugby League, to safeguard the specificity of each sport
as well as sport as a whole.
4.3 Transfers
Whilst the RFL recognises the need for transfer
systems to uphold EU law and for there to be transparency in players
dealing, the RFL would urge the EU to recognise the specificity
of sport addressed above in terms of making rules to suit each
sport and not to introduce burdensome obligations on sports.
4.4 Players' agents
The RFL would welcome the proposed impact assessment
to provide a clear overview of the activities of players' agents
in the EU and an evaluation of whether action at EU level is necessary.
Again, the RFL encourages the EU to consider evidence from all
sports and not to restrict its focus to football.
4.5 Protection of minors
The RFL would reiterate the CCPR's suggestion
that the NSPCC Child Protection in Sport Unit provide input on
European policy on safeguarding vulnerable groups (not just children)
and that all EU Member States should ensure that proper procedures
for safeguarding vulnerable groups in sporting organisations are
in place.
4.6 Corruption, money laundering and other
forms of financial crime
Each of these areas, as well as betting integrity,
are real threats to European sport. Concrete steps need to be
taken to ensure that professional sport can address the question
of integrity and that sufficient resources are made available
from outside sport. Currently betting firms use sports' intellectual
property, for example, to create profits without supporting sport
or contributing to the costs of maintaining its integrity.
4.7 Licensing systems for clubs
Whilst the RFL recognises the efforts that UEFA
and other sporting organisations are undertaking in setting minimum
standards in sport, the RFL believes that it is one of the sports
organisations leading the way in European sport in setting in
place a licensed league system for its elite division, Super League
from the 2009 season. This system will ensure that clubs' place
in the licensed leagues is conditional upon them achieving standards
across the four key areas of facilities; finance & business
management; commercial and marketing; and player production and
performance.
At a grassroots level, the RFL has introduced
LeagueMark and ClubMark to ensure that leagues and clubs adhere
to minimum standards including provisions for safeguarding vulnerable
groups.
Again, the RFL is disappointed that the Commission
intends to organise a conference with UEFA, EPFL, Fifpro, national
associations and national leagues on licensing systems and best
practices in this field without having input from governing bodies
in other sports who have as much input to make. Europe should
engage with more individual sports as currently European lobbying
is dominated by football.
4.8 Media
The RFL agrees with the CCPR that a lack of
protection for sports media and intellectual property rights means
a failure to safeguard funding for grassroots sport and that grassroots
sport deserves a fair return from media rights.
I hope that the comments above are helpful to
your deliberations and the RFL will welcome any opportunity to
be involved in further discussions.
January 2008
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