THE WHITE PAPER ON SPORT

1
THE WHITE PAPER ON SPORT

• THE EU AND SPORT MATCHING EXPECTATIONS

MICHELE COLUCCI ISDE, Madrid, March
2009 www.colucci.eu info_at_colucci.eu
2
WHAT IS THE WHITE PAPER ?

• A POLITICAL DOCUMENT
• NOT LEGALLY BINDING
• DRAFTED BY THE EUROPEAN COMMISSION
• COMPREHENSIVE FRAMEWORK

3
SPORT AND EU in the name of Autonomy and
Specificity

• NICE DECLARATION (2000) Sporting organizations
  and Member States have a primary responsibility
  in the conduct of sporting affairs, with a
  central role for Sports Federations. BUT

4
Limited Autonomy

• Sporting Organizations have to exercise their
  task to organise and promote their particular
  sports with due regard to national and Community
  legislation

5
The societal role of sport

• Enhancing public health through physical activity
• Fight against doping
• Education and training
• Social inclusion, integration and equal
  opportunities
• Prevention and fight against racism and violence

6
The economicdimension of sport

• 15 million people or 5.4 labour force
• Value-added of 407 billion euros
• Tool for local and regional development
• Tourism

7
The Organisation of Sport

• SELF-REGULATION respectful of
• Good governance principles
• EU law
• The European Commission
• Plays a facilitating role or
• Takes action if necessary

8
General Principle

• Sport as economic activityEU LAW applies
• Competition Law
• Internal Market rules
• No discrimination on basis of nationality

9
Specificity of sporting activities

• Separate competitions for men and women
• Limitations on the number of participants
• Need to ensure encertainty concerning outcomes
• Preserving a competitive balance

10
Specificity of the Sport structure

• Autonomy and diversity of sport organisations
• Pyramide structure of competitions
• One national federation per sport

11
The EU institutions

• They have always recognised and taken into
  account Autonomy and Specificity of Sport
• They will continue to do that.
• Provide guidance
• But.

12
Free movement and nationality

• General Principle NO DISCRIMINATION
• Limited and proportionate restrictions
• Right to select national athletes for national
  team competitions
• Need to limit the number of participants in a
  competition
• Setting of deadlines for transfers

13
TRANSFER SYSTEM

• FIFA REGULATIONS
• Training compensation
• Protection of school education for underage
  players
• Access to national courts
• Example of good practice

14
OTHER ISSUES

• Players Agents uniform EU legislative initiative
  for all sports sectors
• Protection of Minors
• Corruption, money laundering
• Mediacreation and maintenance of solidarity
  mechanisms

15
Licensing systems for clubs

• Tool for good governance of sport
• The Commission will promote dialogue with sport
  organisations
• It intends to organise a conference with UEFA,
  EPFL, FIFPro, national Associations and national
  leagues on licensing systems and best practices
  in this field

16
FOLLOW UP

• STRUCTURED DIALOGUE
• European Sports Federations
• European Olympic and Paralympic Committees
• National Olympic Committees
• Social Partners
• Other International Organisations Unesco, Who

17
Social Dialogue

• The Commission encourages and welcomes all
  efforts leading to the establishment of European
  Social Dialogue Committees
• Support and open dialogue
• EU Member StatesEuropean Social Fund

18
FUNDAMENTAL PRINCIPLES

• SPECIFICITY OF SPORT CANNOT JUSTIFY A GENERAL
  EXEMPTION FROM THE APPLICATION OF EU LAW
• ANALYSIS ON A Case by case basis
• CoJ Meca Medina (18 july 2006)even Sporting
  rules are inherent and proportionate to the
  objectives pursued

19
CONCLUSION

• DURA LEX (EUROPEA) SED LEX !