Memorandum by Central Council of Physical
Recreation (CCPR)
ABOUT CCPR
(1) CCPR is the representative body for sport and recreation
in the UK, counting over 270 national governing bodies of sport
and other national sport and recreation organisations within its
membership. CCPR exists to promote, protect and provide for sport
and recreation in the UK by demonstrating the benefits that sport
and recreation bring to society, working to reduce adverse impacts
from legislation or other causes, and providing a range of high
quality services to enable its member organisations to operate
effectively.
(2) CCPR is also an active member of the European
Non-Governmental Sports Organisations (ENGSO) which represents
over 40 national (EU and non-EU) umbrella sports organisations
across Europe and also a member of the EU Sports Office.
EU SUB-COMMITTEE
G QUESTIONS
Do you have any comments on the factual summary
set out in the Annex of the Treaty changes affecting policy areas
within the remit EU Sub-Committee G?
(3) Specifically on sport, while it is true
that sport is introduced as a new competence it is important to
note that it is only a soft competence; ie Article 2E states that
the Union shall only have competence to take actions that support,
coordinate or complement member states actions.
What are your views about the impact that these
Treaty changes might have on the evolution of the policy development
process at the EU level for example, the extent to which the roles
in the formulation of EU policy—of the EU Institutions,
the UK Government and of interested stakeholders within the UK—might
be affected by the changes?
(4) CCPR can only comment specifically on sporting
changes to the treaty. Sport has been included in the Treaty for
the first time (Article 2E) allowing the Union competence to carry
out actions to support, coordinate or supplement the actions of
the Member states. This addition is in a similar vein to the 1992
Treaty of Maastricht which included culture for the first time.
It is hoped that, in a similar way to how the EU's competence
in culture has developed, the EU will be able to be more systematic
in European rulings without dramatic changes in policy. Sporting
policy will still be led by Member States and autonomy given to
national governing bodies of sport.
Are there any other ways in which the changes
made in the Reform Treaty, specifically relating to the policy
areas within the remit of EU Sub-Committee G, might have a significant
impact in the EU and in particular in the UK and, if so, what
are these?
The Treaty will allow the EU to develop a sports
policy
(5) The ratification of the Treaty will allow the Commission
to develop a European sports policy as outlined in the EU White
Paper on Sport released in July 2007. The Treaty will allow the
positive impetus from this initiative to be continued; CCPR in
particular will urge the Commission to:
(a) better appreciate the link between professional
and grassroots sports.
(b) progress the development of the legal
concepts of "autonomy" and "specificity" for
governing bodies of sport.
(c) develop funding streams which are clearly
relevant for sport.
The Treaty will allow the EU to develop funding streams
in sport
(6) The Reform Treaty will allow the Union to provide funding
streams for sport alone. Twelve funding streams were considered
in the White Paper on Sport, but none are exclusively for sport.
In these streams sport can be used to reach the goals of the project
but are not the purpose of the stream, meaning sporting projects
must be sculpted to meet other aims and not developed for sport's
sake. An exclusive sport stream, as supported by the European
Commission will allow the expansion of sport throughout Europe.
Without ratification of the Reform Treaty, such a stream is impossible
to create.
The Treaty will promote sport within the European
Institutions
(7) Sport being involved in the Treaty will hopefully promote
sport in the European Institutions' agendas and protect against
unintended consequences of other policies. The Commission's Sport
Unit should be congratulated on setting up a service intergroup
for sport that ensures that the 15 DGs involved consider sport
in their policy development.
The Treaty takes into account the specific nature
of sport
(8) The EU treaty explicitly calls for the Union to take
into account "the specific nature of sport" and excludes
"any harmonisation of the laws and regulations of the Member
States". These are two very important statements for sport.
Sport desperately needs to have its status within EU law clarified.
While the ECJ ruled in the Meca-Medina case that sporting cases
must be ruled on on a case-by-case basis, this does not clarify
sports position with respect to EU law. It is clear that areas
of sporting law must be different to European law; national teams
may discriminate against non-nationals in their selection (Walgrave
and Koch C-36/74), transfer windows may prevent free movement
of workers as they are intended to prevent competition distortion
(Lehtonen C-176/96) and drugs bans do not impinge on freedom to
provide a service (Meca-Medina C-519/04). Such exemptions to EU
law are generally referred to as the "specificity of sport"
and also demonstrate that sports organisations have the autonomy
to decide how rules govern their game.
(9) The European Institutions are hesitant about
defining sport's specificity or indeed their autonomy. It is very
much hoped that giving the EU a soft competence in sport through
the Treaty will allow the Union the ability to redefine sports'
specificity and autonomy and reverse the uncertainty around sporting
governance.
CCPR is happy to expand on all of the above
points if we can help further.
12 December 2007
| 
