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First EU step on sports policy receives cool welcome

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Published 12 July 2007
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The Commission regards the EU White Paper on Sport as the first step towards the possible future introduction of an EU competence for sport, to the chagrin of various sports stakeholders who wanted the White Paper rather to recognise and endorse the specificity of sport over EU rules.

The Commission adopted on 11 July 2007 a White Paper on Sport, which represents "the first comprehensive initiative" in the EU. 

The Paper proposes a number of actions to be implemented and supported by the Commission in three areas:

  • The societal role (public health, education, social inclusion, fight against racism);
  • the economic dimension of sport (advertising, sponsorship, media rights, club fees), and;
  • the organisation of sport (governance, free movement, association management, competition rules).

The proposed actions are brought together in an Action Plan, which details 53 concrete proposals for future EU action on the three areas. The proposed actions range from supporting an EU health-enhancing physical activity network and launching a study to assessing the sector's contribution to the Lisbon Agenda, to fight against corruption, impact assessment of the activities of players' agents and a conference on licensing systems in football.

An impact assessment is also annexed to the paper as well as a Commission staff working paper describing the background and context of the proposals made in the White Paper, including further annexes on sport and competition rules, sport and Internal Market freedoms, and consultations with stakeholders.

According to Commissioner Figel, the White Paper is not legally binding, but rather "a show of political to indicate the direction to be followed with regard sport in the EU". However, when setting the mandate for the next Inter-Governmental Conference (IGC), the European Council agreed in June 2007 that amendments to the EC Treaty should include a reference to sport, based on wording agreed during the 2004 IGC. 

Therefore, according to the Commission, "the White Paper will allow the Commission to prepare in a coherent manner for the possible future introduction of an EU competence for sport". 

Positions: 

Commissioner Ján Figel  said: "The implementation of the White Paper can help pave the way toward future EU supportive action in the sport sector as the recent European Council has re-opened the possibility of a Treaty provision on sport," adding that establishment of a specific Sport Ministerial Council could then be envisaged.  

"As agreed in the paper the initiative does not weaken the application of EU law to sports. It means that there is no exclusivity given to sports over EU rules or content of EU law. A case by case approach remains the basis for Commission's control for implementation of EU law," added Figel. 

"The White Paper on Sports lacks ambition and courage. It undoubtedly contains positive elements, but it does not give a satisfactory answer to the questions raised by the European Parliament and the sports sector", said MEP Ivo Belet (EPP-ED)  rapporteur on the future of professional football, referring in particular to absence in the White Paper of "clear rules as regards players' agents" and lack of clear incitation to "more solidarity in sports" by means of, for example, "opting for the collective selling of TV rights". 

UK Conservative MEPs "urge the Government to ensure that the White Paper is shelved and a new consultation started to avoid confusion as to who now is responsible for overseeing sport in the UK". 

"Politicians should not be interfering in sport, but as the EU seems determined to do it, it is essential that sporting organisations are involved at every stage. We need a proper consultation across all sports at all levels, not something hidden away in an obscure corner of the Commission's website," said MEP Chris Heaton-Harris (EPP-ED) adding that "sport should never have been included in the Constitution agreed three weeks ago, but as it is, the Commission should withdraw this White Paper, re-consult and reconsider its conclusions".

A joint Fédération Internationale de Football Association (FIFA) -International Olympic Committee (IOC) declaration states that "while the concept of a White Paper on Sport was to be welcomed, the content of the final version represents - unfortunately - a missed opportunity. The White Paper is structured in full contradiction with the actual architecture of the Olympic movement, ignoring in particular the regulatory competences of the International Federations, the division of responsibilities between the latter and their European Confederations, the global nature of the issues and challenges currently affecting sport as well as the solutions which are today necessary." 

European sports associations have repeatedly emphasised that the organisation of sports needs should stay at the organisations' level. Therefore, they reject any proposals that would restrict the autonomy of sports or create EU regulations on competences currently resting on sports organisations. 

Associations do not want to see sport becoming an EU competence, but rather urge its acknowledgement as a horizontal matter affected by different EU policies, as well as placing sport into mainstreaming EU policies.

Next steps: 
  • The White Paper will be sent to the European Council and the Parliament.
  • Oct 2007: The Commission will organise a conference to discuss the White Paper with sport stakeholders.
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Background: 

In their informal meeting in 27-28 November 2006, EU sports ministers officially welcomed the Commission's initiative (June 2006) to draft the White Paper. 

The Commission had, however, already launched a consultation conference, with European-level actors holding a series of meetings on the societal role of sport, its economic impact and organisation. National, regional and local organisations were not directly involved in the consultation conference, but were represented by the European Olympic Committee, the umbrella organisation of national Olympic committees. 

Lack of consultation with parties apart from European-level actors was highlighted as a shortcoming and, finally, in Spring 2007, the Commission organised an online consultation for all that sought input from citizens, institutions, associations and organisations concerning the societal role of sport, its economic impact and organisation.

In the consultation conference, European sports associations and the Commission's views on good sports governance clashed, as associations accused the Commission of an excessive focus on professional football and of neglecting the needs of amateur sport.

Associations were particularly critical about the fact that the Commission presented the Independent Review of European Sports (May 2006) as the starting point for the discussions on good governance. Stakeholders argued that the report can not be used as a reference for the discussions as it only covers issues related to professional football, the structures of which cannot represent all sports at all levels.

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