2 The European Union and Sport
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5597/11
COM(11) 12
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| Commission Communication: Developing the European Dimension in Sport
Commission staff working document: Sport and Free Movement
Commission staff working document: Impact assessment
Commission staff working document: Summary of impact assessment
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Deposited in Parliament | 27 January 2011
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Department | Culture, Media and Sport
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Basis of consideration | EM of 7 February 2011
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Previous Committee Report | None
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To be discussed in Council | May 2011
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Committee's assessment | Politically important
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Committee's decision | Not cleared; await opinion from the Culture, Media and Sport Committee
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Background
2.1 In 2007, the Commission published a White Paper on Sport which
demonstrated the extent to which EU law and policies already affect
sport and sought 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."[8]
It included a detailed Action Plan setting out initiatives which
the Commission intended to take or support, while fully respecting
the principle of subsidiarity and the autonomy of sporting organisations.
2.2 The Lisbon Treaty, which entered into force on
1 December 2009, established a specific competence enabling the
EU to "contribute 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"
by adopting non-legislative "incentive measures" or
Council Recommendations. Article 165(2) of the Treaty on the Functioning
of the European Union (TFEU) further provides that 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 sports, and by protecting
the physical and moral integrity of sportsmen and sportswomen,
especially the youngest sportsmen and sportswomen."
2.3 Article 165(3) TFEU encourages the EU and Member
States to foster cooperation with third countries and with competent
international organisations in the field of sport, especially
the Council of Europe.
The Commission Communication
2.4 The Commission says that nearly all the actions
proposed in the Action Plan accompanying the 2007 White Paper
on Sport have either been completed or are being implemented.
The purpose of the Communication, therefore, is to identify additional
measures for the Commission to take forward by itself, or in cooperation
with Member States. The Commission invites the European Parliament
and Council to support the proposals set out in the Communication
and to indicate which they consider to be priorities for future
activity.
2.5 The Communication first considers the ways in
which EU action can "add value" in the field of sport
and then suggests possible measures under each of the following
headings:
- the Societal Role of Sport
this highlights
the contribution sport can make to the attainment of "smart,
sustainable and inclusive growth and new jobs," in line with
the EU's Europe 2020 Strategy, by breaking down social barriers
and promoting social inclusion, healthy living, and education
and training. It also identifies risk factors, such as the prevalence
in sport of racism, xenophobia and other forms of intolerance,
as well as the public health hazards associated with doping;
- the Economic Dimension of Sport
this focuses on the contribution sport can make to economic
growth and employment and considers the different types of revenue
streams needed to ensure sustainable (including grassroots) funding
for sport, the impact of EU State aid rules, and the potential
use of EU Structural Funds;
- the Organisation of Sport
this considers the principles needed to ensure good governance
and safeguard the integrity of sport, as well as the impact of
EU free movement rules on the mobility of amateur and professional
sportsmen and women and of EU competition rules on the player
transfer market; and
- Cooperation with Third Countries and International
Organisations this emphasises
the need to strengthen cooperation in the field of sport, especially
with countries wishing to join the EU and with the Council of
Europe.
The EU's added value in sport
2.6 The Commission says that, while respecting Member
States' competences in the field of sport and recognising the
autonomy of sport governing structures as a "fundamental
principle", EU action can nevertheless provide "significant
added value" in the following ways:
- by helping Member States to
develop comparable data as the basis for policy-making;
- by helping to address transnational challenges,
such as doping, fraud, match-fixing, or violence and intolerance
linked to sports events;
- by contributing to Europe 2020 goals on employability,
mobility, social inclusion, education and training;
- by promoting the development of European networks
in the field of sport to disseminate good practice as well as
better information on the application of EU law in the field of
sport; and
- by providing financial support for projects or
networks in the field of sport, or in areas related to sport,
such as life-long learning, public health, youth and social inclusion.
The Societal Role of Sport
2.7 The Commission proposes the following measures
to combat doping in sport, tackle racism and other forms of intolerance,
and to promote healthy living and social inclusion:
- EU accession to the Council
of Europe's Anti-Doping Convention;
- action to combat trade in doping substances by
organised networks, including by means of criminal law measures;
- support for transnational anti-doping networks;
- support for innovative initiatives under the
EU's Lifelong Learning Programme to encourage physical activity
at school;
- EU guidelines on combining high-level sports
training and education;
- the inclusion of sport-related qualifications
within the European Qualifications Framework (including recognition
of qualifications or skills gained through voluntary participation
in sport);
- developing and implementing safety requirements
and security arrangements for international sporting events;
- support for activities which tackle racism,
xenophobia and homophobia in sport;
- using the EU Physical Activity Guidelines to
encourage the development of national guidelines on physical activity
in school, and support for transnational networks and projects
to exchange good practice;
- developing, through the European Disability Strategy,
standards on accessibility to sports and recreational facilities
and venues and promoting participation in sport;
- encouraging better representation of women in
sport, especially in leadership positions; and
- supporting transnational projects which support
the social integration of vulnerable and disadvantaged groups
through sport.
The Economic Dimension of Sport
2.8 The Commission proposes the following measures
to develop comparable, EU-wide data on the social and economic
impact of sport, ensure sustainable funding at all levels of sport,
and secure adequate investment in sport infrastructure:
- encouraging the creation of
Sport Satellite Accounts which enable Member States to extract
sport-related data from national economic data as a means of measuring
the economic importance of sport;
- supporting the development of a network of universities
promoting innovative and evidence-based sports policies;
- examining the feasibility of establishing a sport
monitoring function in the EU to collect data, analyse trends,
facilitate research and launch surveys and studies;
- ensuring adequate protection of intellectual
property rights arising from the coverage of sports events (such
as licensing the retransmission of sporting events);
- launching a study to consider how EU competition
law and internal market rules affect the property rights of the
organisers of sport competitions as well as image rights;
- exploring ways to strengthen financial solidarity
and redistribution mechanisms within sport, using the results
of an EU study on the funding of grassroots sport to disseminate
best practice on transparent and sustainable funding;
- monitoring the application of EU State aid rules
with a view to developing guidance if the number of sport-related
State aid cases increases; and
- encouraging the use of EU Structural Funds to
support sport infrastructure and to develop the skills and employability
of those working in the sports sector.
The Organisation of Sport
2.9 The Commission proposes the following measures
to promote good governance within sport and to ensure that the
specific nature and function of sport is taken into account when
assessing whether sporting rules comply with EU law on such matters
as fundamental rights, non-discrimination, free movement and competition:
- promoting standards of sports
governance based on principles such as autonomy of sports governing
bodies (within the limits of the law), democracy, transparency
and accountability in decision making;
- providing guidance on how to assess the compatibility
of sporting rules with EU law, including specific guidance on
how Treaty rules prohibiting discrimination on grounds of nationality
affect the organisation of sporting competitions;
- producing, in 2012, an analysis of the consequences
of rules on "home-grown players" in team sports;[9]
- launching a study to evaluate rules on the transfer
of players in professional sport;
- organising a conference to consider how to tackle
problems associated with the activities of sports agents; and
- supporting the creation of an EU-level social
dialogue for the sport and active leisure sector.
Cooperation with Third Countries and International
Organisations
2.10 The Commission highlights the need for closer
international cooperation in the field of sport, especially with
non-EU European countries and with the Council of Europe.
2.11 The Commission says that it intends to continue
to support the six informal EU Working Groups established in the
following fields:
- Sport and Health;
- Sport and Economics;
- Non-profit Sports Organisations;
- Anti-doping;
- Education and Training in Sport; and
- Social Inclusion and Equal Opportunities in Sport.
2.12 In the Commission staff working document: Sport
and Free Movement,[10]
the Commission analyses the impact on both professional and amateur
sportsmen and women of EU rules on free movement. In the impact
assessment[11] the Commission
compares its preferred policy option a Communication
with two others: no new policy actions beyond those contained
in the 2007 White Paper, or a new strategic long-term policy framework
based on the creation of an Open Method of Coordination[12]
in the field of sport. It also includes a table (in Annex II)
showing progress made to date in implementing the Action Plan
accompanying the 2007 White Paper.
The Government's view
2.13 The Minister for Sport and the Olympics (Hugh
Robertson) notes that the Communication is the first policy document
issued by the Commission since the entry into force of the Lisbon
Treaty and the introduction of new powers enabling the EU to "support,
coordinate or supplement"[13]
actions and policies in the field of sport developed by EU Member
States. He says that it builds on the 2007 White Paper on Sport
by proposing a range of measures and actions to be taken by the
Commission by itself or together with Member States up until 2015.
He expects the Council to agree a Resolution on the Communication
in May.
2.14 The Minister welcomes the Communication which
he says provides a useful platform for addressing the many challenges
confronting sport. He continues:
"The UK Government strongly supports the Commission's
position that the majority of these challenges can and should
be addressed by sport itself. The United Kingdom'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."[14]
2.15 The Minister goes on to comment in detail on
the content of the Communication. He considers that the Commission's
analysis of the societal role of sport provides "a particularly
constructive and welcome narrative of EU sport policy goals and
ambitions in this area."[15]
He expresses the UK's support for EU accession to the Council
of Europe's Anti-Doping Convention, provided that the EU's negotiating
mandate remains within the limits of EU competence. He says that
the UK also supports taking action against those who traffic or
supply doping substances, but adds that "regulation in this
area has the potential to impact much wider than sport, and legitimate
therapeutic use needs to be considered."[16]
2.16 The Minister endorses efforts to secure mutual
recognition of both formal academic and informal vocational and
voluntary learning acquired in sport-related fields and expresses
support for better dissemination of the EU Physical Activity Guidelines,
while adding that "any future Council Recommendation in this
area should explicitly recognise the voluntary nature of the guidelines."[17]
2.17 The Minister suggests that a number of the measures
proposed by the Commission to recognise and support the economic
contribution made by sport should be given priority. He highlights
UK achievements in producing comparable data for evidence-based
policy making and for measuring the economic importance of sport
(estimated as constituting 3.2% of the UK's economy in terms of
consumer expenditure) and supports the Commission's proposal for
a feasibility study to consider the value of an EU sport monitoring
function, provided it "does not duplicate existing functions
or impose inadvertent or indirect burdens on Member States."[18]
He also welcomes a proposed study on the rights of sports organisers
and on sport image rights and efforts to encourage transparent
and sustainable financing of sport, but says that the Government
does not consider guidance on the application of State aid rules
to sport to be a priority. He sees scope for those involved in
sport to make greater use of EU Structural Funds to promote local
and regional regeneration and employment.
2.18 The Minister emphasises that issues concerning
the governance of sport are best taken at national level by sport
governing bodies, but recognises the value of issuing guidance
to clarify the application of EU rules, especially in such areas
as competition, the internal market and free movement. The Minister
expresses disappointment that the Commission, while recognising
the importance of tackling match-fixing and strengthening the
integrity of sport, does not propose any specific measures.
2.19 The Minister agrees with the Commission that
existing informal structures for cooperation between Member States
should be retained, provided they are "tightly focussed,
productive and efficient."[19]
He adds:
"The UK will push for the action points which
best support UK ambitions to be towards the front of any implementation
timetable. UK officials will continue to closely monitor European
sport policy developments and actively engage with sport stakeholders
to ensure that these will be of benefit to the UK and its sport
sector."
Conclusion
2.20 The 2007 White Paper on Sport was issued
at a time when the EU Treaties did not include a specific legal
base for EU action on sport. It nevertheless highlighted how the
EU's competence in many other policy areas notably, the
internal market and competition, but also public health, education,
vocational training and youth policy, economic and social cohesion,
and police and criminal judicial cooperation as well as
the prohibition of discrimination on grounds of nationality, have
had a significant impact on sport within the EU.
2.21 The introduction of a specific new legal
base on sport in Article 165 of the Treaty on the Functioning
of the European Union carries with it the risk of an extension
of EU competence and activity in an area which hitherto has been
seen as the primary responsibility of national sports governing
bodies and Member States. This risk is mitigated by the limited
scope for EU action based solely on Article 165 TFEU, which only
contemplates the adoption of incentive measures and non-binding
Council Recommendations and precludes the harmonisation of national
laws. The goals set out in Article 165 TFEU, which seek to promote
fairness and openness in sporting competitions and cooperation
between sport governing bodies while also supporting the physical
and moral integrity of those involved in sport, appear to be sensible
ones to pursue at a European level.
2.22 In taking forward the measures proposed in
the Communication, we think that it is essential for the Commission
to deliver on its commitment to work closely with other international
organisations, such as the Council of Europe and the World Anti-Doping
Agency, in order to avoid needless duplication of effort. We think
that care and vigilance will also be needed to ensure that any
action at EU level fully respects the principle of subsidiarity.
2.23 When the Commission published its 2007 White
Paper on Sport, our predecessors asked the Culture, Media and
Sport Committee for its Opinion, which resulted in an inquiry
and Report on the White Paper.[20]
As the Communication is the first policy document issued by the
Commission since the introduction of a specific new legal base
on sport in the EU Treaties, and the Commission says that it is
intended to build on the achievements of the White Paper, we think
it appropriate to ask the Committee for its Opinion.
2.24 We shall keep the Communication under scrutiny
pending consideration of the Committee's Opinion.
8 See HC 41-xxxiii (2006-07), chapter 3 (2 October
2007). Back
9
UEFA defines "home-grown players" as those who, regardless
of nationality or age, have been trained by their club or another
club within their national football association for at least three
years between the ages of 15 and 21. UEFA rules specify a minimum
number of "home-grown players" for clubs participating
in its football competitions. Other club sports have adopted similar
rules which effectively establish quotas for locally-trained talent-see
pages 4-5 of the Commission's staff working paper on Sport
and Free Movement (ADD 1). Back
10
ADD 1: see headnote. Back
11
ADD 2: see headnote. Back
12
The Open Method of Coordination requires Member States to establish
targets, indicators and benchmarks, and systems of monitoring,
reporting and peer review. Back
13
See Article 6 TFEU. Back
14
See para 13.2 of the Minister's Explanatory Memorandum. Back
15
See para 14.1 of the Minister's Explanatory Memorandum. Back
16
See para 14.4 of the Minister's Explanatory Memorandum. Back
17
See para 14.9 of the Minister's Explanatory Memorandum.
Back
18
See para 15.2 of the Minister's Explanatory Memorandum. Back
19
See para 18.1 of the Minister's Explanatory Memorandum.
Back
20
See HC 347 (2007-08). Back
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