WRITTEN QUESTION E-3976/00

by Cristiana Muscardini (UEN) to the Commission

(20 December 2000)

Subject: Monopoly in sports and recognition of diplomas in sports training

Through decrees Nos 115/92 and 319/94, Italy has incorporated Directives 89/48/EEC(1) and 92/51/EEC(2), which established a general system for the recognition of diplomas in order to facilitate access to regulated professions.

Article 22(13) of Decree No 286/1998 provides that Italian workers and workers from outside the EU may apply for the recognition of professional training qualifications obtained abroad, in the absence of specific agreements with their countries of origin, and the Ministry of Labour and Social Security, having consulted the Central Employment Committee, shall give a ruling on recognition of the qualifications. Article 27(1) confirms that foreigners intending to practise any type of professional sporting activity in Italian sports undertakings, under the terms of Law No 91 of 23 March 1981, are permitted entry. Liberalising the sporting professions market for those from outside the EU seems a positive step, but also a contradictory one, since CONI (Italian National Olympic Committee) still currently prevents, for instance, the head of the Italian federation of sports trainers (not a member of CONI) from practising his profession in Italy and thereby in the other European Union countries.

In view of the above:

1. Does the Commission not think that CONI, which has a monopoly on the sporting professions, contravenes the principle of the plurality necessary in professional training?

2. Is the existence of a monopoly in the sporting sector, with its own legal order, its own health rules (viz. the use of inappropriate drugs), and its own professional regulations, which rule out any possibility of a non-member practising, still compatible with Community legislation?

3. How can the Commission justify the discrimination which is, in fact, practised between non-EU citizens who have obtained professional qualifications abroad, and Italian citizens who have obtained their qualifications by working in Italy or other EU countries?

4. What initiatives does it intend to take to ensure that the internal market becomes a genuine reality in the sporting sector?

(1) OJ L 19, 24.1.1989, p. 16.

(2) OJ L 209, 24.7.1992, p. 25.

Answer given by Mr Bolkestein on behalf of the Commission

(27 February 2001)

In accordance with Article 149 (ex Article 126) of the EC Treaty, the Member States are responsible for the content of teaching and the organisation of their education systems. The Commission therefore has no authority to comment on the matter and to challenge decisions that are the sole prerogative of the Italian authorities.

The fact that an undertaking is in a dominant position in the market is not in itself an infringement of Community law. What is prohibited by Community law is abusive behaviour by undertakings in a dominant position. The Commission requests the honourable Member to provide the necessary information so that it can check whether CONI may be considered an undertaking, whether it is in a dominant position and whether in fact it abuses this position.

Applications for the recognition of qualifications by nationals of non-member countries or by Italians who gained their qualifications in Italy do not come under the Community's repsonsibility. The Italian authorities have the sole right to deal with such applications.

On the other hand, Community law does apply when an Italian citizen obtains qualifications in another Member State and applies for recognition in Italy. However, no complaint has yet been filed with the Commission in such an instance. It nevertheless recently came to the Commission's notice that Italy had not transposed Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC in connection with the professions covered by Italian Law No 91 of 23 March 1981 on the rules governing relations between professional sportsmen and clubs. The Commission has launched infringement proceedings against Italy.

In general, it is not the feeling of the Commission that the internal market operates poorly in the sporting sector, and it therefore has no plans for any initiatives in this area.