CHAPTER 1: introduction
The development of an EU sports
policy
1. Article 165 of the Lisbon Treaty (TFEU) for
the first time accords the European Union a formal competence
in the field of sport (see Box 1). The Treaty provides for the
EU to support, coordinate and complement the efforts of Member
States but does not allow it to adopt legislation specifically
relating to sport. The EU uses the definition of sport established
by the Council of Europe which encompasses "all forms of
physical activity which, through casual or organised participation,
aim at expressing or improving physical fitness and mental well-being,
forming social relationships or obtaining results in competition
at all levels."[1]
2. Sport as a policy area has been developing
at EU level over a number of years. Further to a number of Commission
Reports, the EU's Heads of State and Government adopted a Declaration,
which was annexed to the 1997 Amsterdam Treaty. This emphasised
the social significance of sport and noted that particular consideration
should be given to the specific characteristics of amateur sport.
Three years later, the December 2000 Nice European Council adopted
Conclusions which went into much greater detail, and requested
that the European institutions and Member States "continue
examining their policies" in the light of the general principles
laid down. On that occasion, the focus remained the societal role
of sport, and the consequent importance of taking sport's social
function into account when adopting and implementing other Community
policies.[2]
3. The Commission issued a White Paper on Sport[3]
in July 2007 and this, along with its accompanying action plan,
subsequently formed the basis of EU action. The White Paper examined
sport's societal role, its economic dimension and its organisation.
This has become the accepted structure for EU level activities
and discussion among stakeholders and the EU institutions. The
Commission has made clear that in many areas it considers the
White Paper remains an appropriate basis for EU level activities.[4]
Preparatory actions, intended to prepare the ground for future
EU actions, began in 2009.[5]
BOX 1
Article 165 TFEU
| Article 165 (1) provides that "the Union shall contribute to the promotion of European sporting issues, while taking into account the specific nature of sport, its structures based on voluntary activity and its social and educational function."
Article 165 (2) continues that "Union action shall be aimed at developing the European dimension in sport, by promoting fairness and openness in sporting competitions, promoting cooperation between bodies responsible for sport, and protecting the physical and moral integrity of sportsmen and sportswomen, especially the youngest sportsmen and sportswomen."
Article 165 (3) states that "The Union and Member States shall foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe.
Article 165 (4) permits the EU institutions to "adopt incentive measures and recommendations, excluding any harmonisation of the laws and regulations of the Member States."
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4. We examined the treaty base in our report The Treaty
of Lisbon: an impact assessment[6]
prior to its entry into force. The absence of a specific treaty
base for sport prior to December 2009 was regarded by some as
unsatisfactory, creating legal uncertainty and leaving sports
policy lacking both coherence and status. There was no strategic
approach to sport, integration into wider EU policy, and no dedicated
funding. There was also concern that the specific nature and characteristics
of sport were neither sufficiently nor systematically taken into
account by either the Commission or the Court of Justice. This
was particularly the case where sport came into conflict with
principles of EU law, notably those relating to the single market,
such as competition and free movement. One such example was the
Bosman ruling, in which restrictions on the number of non-nationals
playing in a club team within a Member State were ruled to be
in contravention of the free movement principles enshrined within
the Treaty.[7] This state
of affairs was criticised for leaving sports policy to be determined
by the Court of Justice.
5. In April 2010 the Commission initiated an EU-wide public
consultation, which resulted in its Communication Developing
the European Dimension in Sport. Published in January 2011,
in the course of this inquiry, it proposes actions until 2015.
It is due to be first discussed at the Council of Sport Ministers'
meeting in May 2011. Box 2 sets out the specific challenges which
the Communication identifies and aims to address.[8]
This reflects a broad consensus on the areas where the EU should
act. These have emerged through the Commission's consultation
exercise and independent expert group, Member State preferences
and a study conducted for the European Parliament's Education
and Culture Committee.
BOX 2
Challenges identified in the Commission's Communication
Developing the European Dimension in Sport
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Sport's health enhancing, social and educational functions:
- Health concerns due to a lack of physical activity
- Social exclusion of disadvantaged groups and unused potential of sport
- Inadequate systems to combine sport and education
Sustainable sport structures:
- Insufficient support for voluntary activity
- Current and future challenges to the sustainable funding of sport including regulatory changes in the gambling sector in Member States
- Inadequate protection of intellectual property rights
Doping as a threat to the physical and moral integrity of sports people
Discrimination in sport on the grounds of nationality
Unused scope for improving EU-level dialogue on sport
Perceived lack of legal clarity regarding the application of EU law to sport
Insufficient information on sport for Member States
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The Committee's inquiry
6. This report does not question either the value of the competence
or its scope. Sport as a policy area in itself is small in EU
terms and has limited resources. The Committee launched this inquiry
to consider how the new competence might best be used to maximise
the potential and highlight the value of grassroots sport. In
particular we consider how sport might be used to add value to
wider policy priorities and agendas where the EU already acts
and where it can support the actions of Member States. The inquiry
was also launched with the aim of informing the Committee's response
to the Commission Communication. This report puts our recommendations
to the Government, but we hope that they will also be of interest
to the European institutions. Although the Communication encompasses
the entire spectrum of sports from professional to grassroots,
the focus of this report is the grassroots dimension. We have
chosen this focus in the light of the fact that Article 165 expressly
recognises the social and educational significance of sport.[9]
7. This report begins by considering the evidence for the
range of outcomes that grassroots sport can deliver. From this,
we identify priorities for EU action. We then consider what measures
are needed to support and resource these priorities and what action
the EU can take, notably in the areas of volunteering and funding.
Finally, we consider how various forms of dialogue should function.
8. The members of the Social Policies and Consumer Protection
Sub-Committee who conducted the inquiry are listed in Appendix
1, showing their declared interests. We are grateful for the written
and oral evidence that we received for our inquiry; the witnesses
who provided it are listed in Appendix 2. In particular, we are
grateful to Swiss Cottage School and the Camden Physical Activity
and Disability Sports Team who allowed us to conduct a site visit
and to those witnesses who gave evidence in person. A note of
the visit can be found at Appendix 3. We are also grateful to
Professor Richard Parrish, Professor of Sports Law at Edge Hill
University, who was our specialist adviser for this inquiry. His
interests are listed in Appendix 1.
9. The Call for Evidence we issued is shown in Appendix 4,
and the evidence we received is available online.
10. We make this report to the House for debate.
1 http://www.coe.int/t/dg4/sport/sportineurope/Default_en.asp Back
2
http://www.europarl.europa.eu/summits/nice1_en.htm#IV Back
3
COM (2007) 391 Back
4
COM (2011) 12 Back
5
See paragraph 60 for further detail. Back
6
European Union Committee, 10th Report (2007-08): Treaty of
Lisbon: an impact assessment (HL Paper 62). Back
7
Case C-415 93 Belgian Football Association v Bosman, ECR
1995, p. I-4921 Back
8
EM 5597/11 Back
9
The definition of grassroots activity varies from sport to sport
and between Member States but is often characterised by being
local or community-based and dependent on volunteers. It is not
necessarily competitive. Back
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