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Olympic committee warms to EU competence on sport

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Published 11 October 2007 - Updated 28 May 2012
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The IOC and other sports associations have welcomed the references made to sport in the EU's draft Reform Treaty, but IOC still calls for explicit reference to the autonomy of sports regulatory bodies in order to guarantee sovereignty in deciding rules.

The Portuguese Presidency unveiled, on 5 October 2007, a legally-updated version of the EU's new Reform Treaty, which is to be submitted for approval at a key European summit in Lisbon on 18-19 October. 

The draft version proposes to amend areas where the Union shall have competence to "carry out actions to support, coordinate or supplement the actions of the member states". The heading "Categories and areas of Union competence' is proposed to include education, vocational training, youth and sport along with, for example, tourism, culture and health. 

The draft also foresees amending Article 149 of the EU Treaty on 'Education, vocational training and youth' to include several references to sport. "The Union shall 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," reads the draft text.

Under the draft, the aim of Community action will be to "develop 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."

In addition, the EU and the member states are expected to foster co-operation with third countries and international organisations such as the Council of Europe (CoE), in the field of sport.

Positions: 

The International Olympic Committee (IOC) said it was "optimistic about seeing article on sport strengthened in the European Reform Treaty" and hopes that "this text, which clearly refers to the autonomy of sport, will make its way into the Treaty." 

"Autonomy means preserving the values of sport and the existing structures through which it has developed in Europe and around the world. Sport can play its unique role thanks to its autonomy, and this role would be seriously compromised if sports governing bodies are subject to public interference. Therefore the IOC and the sports movement as a whole hope that this aspect will be taken into consideration," said the IOC President, Jacques Rogge.

"This new project offers a great opportunity to strengthen the role of sport in Europe and the structures through which it performs. Sport is the biggest social movement in the EU and plays a key role in the fields of integration, education and health. The IOC is convinced that the creation of a legal basis for sport in the EU Reform Treaty would better address the needs of sport and provide a sound legal framework for the future," states an IOC press release. 

The G-14, Euroleague Basketball (ULEB) and Group Club Handball, which together represent leading European clubs in the sports of football, basketball and handball also welcomed the draft article on sport. They "believe that the article on sport, as formulated in the mandate given to the Intergovernmental Conference, and the case law of the ECJ provide the best approach to ensuring an appropriate guarantee for the harmonious development of sport in the European Union as well as a fair balance between the legitimate interests of the diverse actors in the sports sector."

The three organisations support the current draft and are not looking for it to be changed, unlike IOC. "We urge Europe's leaders to seize this opportunity to maintain legal certainty at European level," said G-14 President Jean-Michel Aulas.

Next steps: 
  • 18-19 Oct. 2007: EU leaders are to agree to the final text of the Reform Treaty when they meet at an informal Council in Lisbon. 
  • 13-14 Dec. 2007: EU leaders are expected to sign the new Treaty at the European Council in Brussels. 
  • June 2009: European Parliament elections and target date for ratification of new treaty across the EU-27.
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Background: 

Currently, sport is not an EU competence. The EU Treaty establishing a Constitution for Europe signed in October 2004, however, foresees the introduction of sport into the EU treaty to give the Union a legal base to support member states in the social, educational and cultural aspects of sport (see Article 182 on Sport of the Constitutional Treaty). 

After the rejection of the treaty in France and the Netherlands in spring 2005, it was shelved for a "period of reflection". In June 2007, EU leaders mandated an Intergovernmental Conference (IGC) to reform the Constitutional Treaty by the end of the year. Their mandate reiterated the need to introduce an EU competence for sport.

Meanwhile, the Commission adopted, in July 2007, a White Paper on Sport (see EurActiv 11 July 2007), which it says will allow the Commission to prepare for the future introduction of an EU competence on sport.

Sport is subject to Community law in so far as it constitutes an economic activity. However, a recent judgement of the European Court of Justice (ECJ) in the Meca-Medina case seems, according to some experts, to have "killed" the so-called 'sporting exception'.

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