EN Official Journal of the European Union CE 84/416

(2004/C 84 E/0486)

WRITTEN QUESTION E-0497/04

by María Valenciano Martínez-Orozco (PSE) to the Commission

(23 February 2004)

Subject: Discrimination against minors with regard to access to sporting federations in Spain

In answer to Anna Terrón's Question E-4005/03 (1), the Commission refers her to a reply given to myself (P-3911/03) (1), which refers to discrimination against foreign minors, and therefore has nothing to do with the situation facing Community minors.

Every Member State national enjoys European Union citizenship, and all discrimination on grounds of nationality is banned by the Treaties and the Draft European Constitution (Articles 4 and 8).

Article 31 of the Convention on the Rights of the Child recognises the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in culture life and the arts, and states that countries shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity.

Article 24 of the EU Charter of Fundamental Rights lays down the right of minors to protection and to the care necessary for their wellbeing.

In Spain there are serious cases of discrimination against children with regard to their access to sporting leagues, in terms of administrative red tape or the refusal of the Sports Federations to allow them to join, although they are Community citizens.

What is the Commission's view of the refusal of Spanish sporting federations to allow children who are nationals of EU Member States to join, thus preventing them from practising their chosen sports?

Answer given by Mrs Reding on behalf of the Commission

(22 March 2004)

The concept of citizenship, which is enshrined in Article 17 of the EC Treaty, has helped to extend and consolidate equal treatment and the principle of non-discrimination on grounds of nationality (2).

As already mentioned in several of its answers (3), the Commission feels that a sporting association regulation which limits the number of amateur players having the nationality of other Member States who may be fielded could be contrary to Community law, notably Article 7(2) of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (4).

The Commission is fully aware of the difficulties mentioned by the Honourable Member and is currently examining various cases involving European citizens practising amateur sport in Member States other than their Member State of origin. In order to ensure equal treatment, the regulations of sporting federations in all Member States are being examined for compatibility with the principle of non-discrimination.

However, the role given to the federations by the public authorities varies greatly from one country to another, which could make it difficult to attribute the disputed sporting regulations to certain Member States.

Once it has examined these regulations, the Commission will announce what steps are to be taken if it finds that discrimination that is incompatible with Community law is taking place.

(1) OJ C 78 E, 27.3.2004.

(2) See CJEC judgment of 20 September 2001, Grzelczyk, C-184/99, ECR, I-6193.

(3) See answer to Written Question E-2621/99 by Mr Sánchez García, OJ C 280 E, 3.10.2000.

(4) OJ L 257, 19.10.1968.