WRITTEN QUESTION No. 3511/96 by Gianni TAMINO , Daniel COHN- BENDIT , Carlo RIPA DI MEANA to the Commission. Applicability of EU legislation on safety at the workplace to professional sport (by analogy with the 'Bosman case')
Date: 1996-12-09
Institutions: COHN-BENDIT, European Parliament, RIPA DI MEANA, TAMINO
Subjects: application of EU law, free movement of workers, occupational health, occupational safety, professional sport, self-employed person













EUR-Lex - 91996E3511 - EN






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91996E3511

WRITTEN QUESTION No. 3511/96 by Gianni TAMINO , Daniel COHN- BENDIT , Carlo RIPA DI MEANA to the Commission. Applicability of EU legislation on safety at the workplace to professional sport (by analogy with the 'Bosman case')  


Official Journal C 105 , 03/04/1997 P. 0084 





WRITTEN QUESTION E-3511/96 by Gianni Tamino (V), Daniel Cohn-Bendit (V) and Carlo Ripa di Meana (V) to the Commission (9 December 1996)Subject: Applicability of EU legislation on safety at the workplace to professional sport (by analogy with the 'Bosman case')In mid-November 1996 the boxer Fabrizio De Chiara died of injuries sustained in an Italian professional middleweight title fight. Since the beginnings of professional boxing, in which it is not compulsory to wear a helmet and fights last up to 12 rounds, there have been over 500 proven cases in which death has resulted directly from a fight and numerous cases of injury. Amateur boxers have to wear a helmet during a match, which can last no longer than three three-minute rounds. These measures greatly reduce the risk of serious injury, although they do not eliminate it altogether. Other sports could be made safer for participants if more stringent rules were imposed, one example being the compulsory use of helmets in cycling.As a result of the 'Bosman case' it has been established that Community law on the free movement of workers must also apply to professional sport, when it takes place on Union territory.Can Community legislation on safety at the workplace likewise be considered applicable to professional sport?In the light of Community legislation on safety at the workplace, which for boxers is the ring, for cyclists the road, and so on, would it not be necessary to lay down stricter rules whereby, as far as professional boxing was concerned, helmets would have to be worn and fights shortened considerably, cyclists would have to wear a helmet, and so forth?Answer given by Mr Flynn on behalf of the Commission (27 January 1997)The directives on the health and safety of workers at work apply to all sectors of activity, including educational and leisure activities, and to all workers as defined in Article 3 of framework Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work ((OJ L 183, 29.6.1989. )).This means that sportsmen and sportswomen are covered by the directives only if they are effectively employed by (i.e. have an employment relationship with) an employer. They are not covered if they are self-employed.In the case of sportsmen and sportswomen who are workers within the meaning of Directive 89/391/EEC, the employer is obliged to carry out a risk assessment and, on the basis of this assessment, to take any measures necessary for the protection of workers' safety and health, including the provision of personal protective equipment appropriate to the risks involved.