WRITTEN QUESTION P-1528/00

by José Ribeiro e Castro (UEN) to the Council

(5 May 2000)

Subject: The Bosman case revision of the EC Treaty and addition of a protocol on professional football or sport in general

The Bosman decision(1) has profoundly altered the nature of football in Europe, as the Commission has recognised. That ruling established that Article 39 of the EC Treaty (ex Article 48) prohibits the adoption of any rule by sporting associations (including national associations and UEFA) limiting the use by football teams of professional players who are nationals of other Member States. The richer clubs which generally belong to the small number of countries with richer national markets have thenceforth been able to recruit players who, often even at the apprentice stage, are induced to leave their original clubs in, usually, their home Member State. The result is that football has been divided into a big-capital, big-business branch in a few countries, and a minor branch resigned to losing its best assets to the ever-spiralling financial attraction exerted by the centres of power. This ultra-deregulated free-for-all has led to the actual sports results being largely predetermined beforehand: it is essentially money that wins, not sporting merit in the broader sense. Openness in sport is being jeopardised; so too are the basic principles of sporting competition, as deeply rooted in our societies. Europe itself and its diversity are suffering too. Nonetheless, the Commission, as represented by Commissioner Viviane Reding in her statements to the press, has now suggested that one remedy for this problem could be to devise mechanisms to ensure solidarity between rich and poor clubs, and, in particular, to redistribute the colossal sums arising from television rights. These two questions are, however, completely separate. Television rights may legitimately be considered a purely commercial matter, to be dealt with under the general rules; the point at issue, however, is, directly and specifically, the validity of the rules governing a sport as such with respect to the make-up of teams. It is not acceptable for the EC Treaty to intervene in this area, inducing decisions which run counter to the sporting interest. Unfortunately, it seems that the intention is, once again, to reduce the matter to economic and financial criteria alone, at a time when, precisely because of the ever-growing weight of that aspect, sport in general and football in particular are increasingly being emptied of their true character. It is surely up to the EU institutions to resolve this sporting problem, instead of continuing to listen to the language of money alone. The only solution is to revise the EC Treaty by as has already been suggested in several quarters annexing a protocol designed to protect in full any regulations practised by sports authorities where major and specific interests of a particular sport are at stake.

Does the Council endorse the Commission's position as recently stated? If not, does the Council intend to include these problems, given their considerable social repercussions, in the agenda for the 2000 IGC, with the specific objective of revising the EC Treaty by annexing a specific protocol, as has already been suggested, notably by the current Presidency?

(1) Case C-415/93, Union royale belge des sociétés de football association and others / Jean-Marc Bosman and others and Union of European Football Associations (UEFA) / Jean-Marc Bosman 15 December 1995.

Reply

(18/19 September 2000)

The Council is well aware of the developments in professional football after the ruling of the Court of Justice in the Bosman case.

The Council has not, however, taken any position on these developments and has not received any proposals from the Commission with a view to regulating the issue described in the question.

As regards the Intergovernmental Conference, the agenda, as established at present, does not include the revision of the EC Treaty in respect of sport in the way suggested in the question or otherwise. As the Honourable Member is probably aware, the Council has no role in the Conference of the Representatives of the Governments of the Member States and is therefore unable to comment on work being undertaken by the Conference.