WRITTEN QUESTION E-2621/99 by Isidoro Sánchez García (ELDR) to the Commission. Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish players to play in the national water polo league into line with Community law.
Date: 2000-01-12
Institutions: European Parliament, Provisional data
Subjects: Spain, free movement of workers, infringement of EU law, professional sport, sport

C 280 E/86

Official Journal of the European Communities

EN

3.10.2000

product by a vet under specific conditions. For food-producing animals an extended withdrawal time has
to be observed to ensure that food obtained from treated animals does not contain residues harmful to the
consumer. In the particular case of horses, an appropriate mechanism provides for the separation of
equidae intended for slaughter for human consumption which are subject to the medication rules for food
producing animals, and those equidae which are specifically marked either to definitively exclude them
from the food chain or to allow their slaughter under the condition that any such treatment is recorded in
the special section of a (cid:145)horse passport(cid:146), in accordance with recently adopted Community legislation and
that a general withdrawal period of six months is observed.

In order to address the problems of availability of veterinary medicines, the Commission is currently
working on a proposal to amend Council Regulation 2377/90 of 26 June 1990 laying down a Community
procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs
of animal origin (3) and Council Directive 81/851/EEC. This will be sent at the earliest possible moment to
the Council and the Parliament.

Finally, in more general terms, as regards the evaluation of the veterinary medicines approval system, the
Commission has recently contracted out an audit of the entire system of authorisation and supervision of
this
medicinal products in the Community to an independent consultant. Based on the results of
evaluation, the Commission will submit a proposal for a new system to the Council and Parliament in
2001.

(1) OJ L 317, 6.11.1981, as amended by Council Directives 90/676/EEC, OJ L 373, 31.12.1990, and 93/40/EEC,

OJ L 214, 24.8.1993.
(2) OJ L 125, 23.5.1996.
(3) OJ L 224, 18.8.1990.

(2000/C 280 E/088)

WRITTEN QUESTION E-2621/99

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

(12 January 2000)

Subject: Bringing the rules of the Spanish Swimming Federation allowing no more than two non-Spanish

players to play in the national water polo league into line with Community law

Article 20 of the rules of the Royal Spanish Swimming Federation stipulates that (cid:145)Clubs taking part in open
competitions may obtain licences for two players whose nationality is other than Spanish (cid:133)(cid:146).

Bearing in mind that the league is non-professional, does this restriction comply with Community law
when applied to players who are nationals of the Member States?

Does this restriction comply with Community law if the players in question are nationals of the Member
States employed under labour contracts?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(28 February 2000)

The Court of justice has, with the Bosman judgement (1), confirmed that Community law provisions on
free movement are applicable to professional sports and, in particular, that Article 39 (ex Article 48) of the
EC Treaty on freedom of movement of workers applies to the rules of sporting associations. Limitation of
the number of players having the nationality of other Member States who may be fielded in a match is
therefore contrary to Community law.

Amateurs, that is to say people who are not practising sport as an economic activity, are not covered by
that judgement.

3.10.2000

EN

Official Journal of the European Communities

C 280 E/87

However, the Commission is of the opinion that the rule of a sporting association which limits the number
of amateur players having the nationality of other Member States who may be fielded in a match is also
contrary to Community law, and notably to Article 7(2) of Council Regulation (EEC) No 1612/68 of
15 October 1968 on freedom of movement for workers within the Community (2). That provision states
that Community workers are to be granted the same social and tax advantages as national workers. The
Court has ruled on several occasions that the provision applies to leisure activities (3) and it is indisputable
that practising sport as an amateur is a leisure activity.

Whether or not the sport practised by amateurs is an economic activity has to be judged on the basis of
the characteristics of the activity.

(1) Case C-415/93, [ECR] 1995, I-4921.
(2) OJ L 257, 19.10.1968.
(3) Case C-334/94 [ECR] 1996, I-1307.

(2000/C 280 E/089)

WRITTEN QUESTION E-2624/99

by Olivier Dupuis (TDI) to the Commission

(12 January 2000)

Subject: New legislation regarding foreigners in Romania

The Defence Committee of the Chamber of Deputies in the Romanian Parliament has recently approved a
bill covering regulations for foreigners in Romania, a bill that was passed in the Romanian Senate on
10 September 1998. According to this bill, foreign citizens living in Romania would no longer be allowed
to finance or found political parties, organisations or political groups on Romanian soil, or take part in
demonstrations regarding the political life of the country.

In addition, every natural or legal person hosting foreigners for over five days should notify local police
authorities. Lastly, according to this bill, a residence permit may be issued only to those residents holding
medical insurance.

Does not the Commission believe that if this legislation, already passed by the Senate, should be adopted
in its present format by the Parliament in Bucharest, Romania would find itself in clear breach of its
commitments as a country applying for accession to the EU? What initiatives has the Commission already
taken or does it intend to take to dissuade the relevant Romanian authorities, beginning with the
Parliament, from proceeding to adopt this legislation in its current format?

Answer given by Mr Verheugen on behalf of the Commission

(22 February 2000)

The draft
law regarding the regime of aliens in Romania, which was adopted by the Senate on
10 September 1998, has not yet been adopted by the Chamber of Deputies. The present legislation
(Law No 25/1969 on the regime of aliens) is outdated and the Commission in its latest regular report on
Romania(cid:146)s progress towards accession adopted on 13 October 1999 (1) and the accession partnership
which the Council adopted on 6 December 1999 (2) stressed the need to replace this law with modern
legislation.

The Honourable Member refers to provisions in the draft law containing restrictions on the political
activity of aliens residing in Romania. Article 16 of the European Convention on human rights, which has
been ratified by Romania, permits the contracting parties to impose such restrictions.

The office of the United Nations high commissioner for refugees (UNHCR) in Romania has commented on
the proposed restrictions and has pointed out that according to the case law of the European Court of
human rights such restrictions must be proportionate. A restriction must not only pursue a legitimate aim,
but there must also be a reasonable proportionality between the means employed and that legitimate aim
which is sought to be realised. However, UNHCR has not argued that the provisions which are now in
question are disproportionate.