WRITTEN QUESTION E-2064/03

by Bart Staes (Verts/ALE) to the Commission

(20 June 2003)

Subject: Harmonisation of the status of sportsmen and women from third countries

In July 2002, the Belgian Senate's Subcommittee on Trafficking in Human Beings published a report which included three recommendations relating to trafficking in human beings in the world of sport. The first of those recommendations provides for the Belgian regions (Flanders, Brussels and Wallonia) to implement tighter controls on the employment of non-EU nationals. Such controls would involve work permits, affiliation to a social security scheme, moonlighting, and working conditions, etc. A second recommendation concerned harmonisation of the status of players' agent.

The gist of the third recommendation was that, in order to prevent abuse and, in particular, to prevent sport from being used as a camouflage for illegally importing cheap labour, the countries surrounding Belgium had introduced a high minimum wage for professional sports. For example, in the Netherlands, the minimum wage was ten times higher than in Belgium (some EUR 350 000 per year). As a result, Belgium constitutes a transit and test country for potential professional sportsmen and women who, if they fulfil expectations, subsequently move on to the countries surrounding Belgium or else disappear into the black economy if they do not.

The Senate subcommittee called for minimum wages for sportsmen and women aged 18 and over.

The third recommendation illustrates not only the European context of the issue, it also shows that the lack of Europe-wide measures will merely shift the problem from one Member State to another.

Is the Commission aware of the existence of the problem of trafficking in human beings in the world of sport, and does it agree that it must be tackled at European level?

If it does not agree, what arguments can it put up to contradict the conclusions of the report by the Belgian Senate's Subcommittee on Trafficking in Human Beings?

If it does agree, what measures will it take with a view to harmonising the status of sportsmen and women from non-EU countries in order to combat a concealed form of trafficking in human beings?

Will the Commission also take steps to harmonise the status of players' agent at European level with a view to eliminating abuses in this specifically international sector? If so, what steps will it take? If not, why not?

Answer given by Mrs Reding on behalf of the Commission

(31 July 2003)

The Commission is aware of the debate on trafficking in human beings in the world of sport and, in particular, of the report issued in July 2002 by the Subcommittee on trafficking in human beings of the Senate of Belgium. The report emphasises fraudulent practices aimed at the exploitation of juvenile or even young adult football players from countries such as Brazil or Nigeria in Member States.

The Council Framework Decision of 19 July 2002 on combating trafficking in human beings(1) clarifies that Member States have to penalise human trafficking for the purpose of exploitation of a person's labour or services. Member States must take the necessary measures to comply with this Framework Decision before 1 August 2004. Consequently, the competent law enforcement agencies will also have to investigate cases of trafficking in human beings where they occur in the world of sport.

On 25 March 2003 the Commission decided to set up an experts group on trafficking in human beings. The group will issue opinions or reports to the Commission taking into account the recommendations of the Brussels Declaration. In particular, the group will submit a report based on these recommendations to assist the Commission with a view to launching further concrete proposals at European level. In this context, the issue of trafficking in human beings for the purpose of labour exploitation including the world of sport will also be addressed.

Concerning the second and third questions of the Honourable Member, the Commission recalls that the Union does not have a specific competence in the sector of sport and that any harmonisation is not, therefore, possible. Nevertheless, the Commission carefully follows the questions related to the debate on trafficking in human beings. For example, during the negotiation about the transfer rules in football, the Commission insisted on the fact that the International Federation of Football Associations (FIFA) should develop control measures for the young players' treatment (especially under 18 years old). It also allowed the FIFA to organise the statute of players' agents giving special attention to the control of their practices.

(1) OJ L 203, 1.8.2002.