WRITTEN QUESTION P-0102/00 by Pietro-Paolo Mennea (ELDR) to the Commission. Request for specific recognition of amateur sport.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: EU law, EU policy, leisure, professional sport, social role, sport, sports body

8.8.2000

EN

Official Journal of the European Communities

C 225 E/219

In terms of Community assistance, the Commission intends to conduct an evaluation mission in February
2000 which will enable it to identify needs and priorities. Changing policy on Phare assistance (which will
in any event be substantially amended for countries in the region in 2000) and establishing contractual
relations will depend solely on the attitude of
the new government and its practical progress on
outstanding political issues. The Commission is prepared to make the necessary proposals when the time
comes.

(2000/C 225 E/251)

WRITTEN QUESTION P-0102/00

by Pietro-Paolo Mennea (ELDR) to the Commission

Subject: Request for specific recognition of amateur sport

(18 January 2000)

Sport has a social function and plays a role as an integral part of the culture of the Community countries,
as well as having educational, social, cultural and recreational aspects recognised in the Amsterdam Treaty.
It is necessary to bear in mind the way sport is organised in Europe,
its characteristics and recent
developments. A distinction is made in the Member States between professional sport (organised by
businesses) and amateur sport (organised by non-profit-making organisations). Amateur sport, as practised
in the Member States, must be recognised as such by the various national sports federations, in accordance
with the standards drawn up by those organisations and in compliance with the directives drawn up by
the various national Olympic committees in the Member States.

laws and the
In view of the distinction between professional and amateur sport made by national
regulations of
it considers it
the relevant sports organisations, can the Commission say whether
appropriate to make an amendment to the Amsterdam Treaty recognising the specific nature of the sector
of sport which national laws and the regulations of the sports organisations in the Member States define as
amateur sport?

Answer given by Mrs Reding on behalf of the Commission

(18 February 2000)

The Commission has recognised that sport is an essential instrument for social integration and education (1)
in European society, and advocates a new partnership between the various actors in the sports sector (cid:129)
sports organisations, national authorities and Community institutions (cid:129) in order to maintain and
strengthen the social value of physical exercise and sport.

With regard to the way in which sport is organised, the Commission would stress that there are significant
differences from one Member State to another. Not all Member States have legislation relating to sport, in
addition to which the differences between professional and amateur sport are not always defined clearly
and precisely. As Advocate-General Cosmas emphasised in his Opinion (2), the economic or non-economic
character of an athlete(cid:146)s activities should be sought in the elements defining the nature of that activity, and
not in declarations by sports federations. It is therefore a matter for the courts, and not the sports
federations, to determine whether a sporting activity is of a professional nature or not.

The Commission also considers that Community law already takes account of certain characteristics
inherent in sport, especially amateur sport. It recognises, for example, the existence of activities of a
the sports
specifically sporting nature which are bound by rules or the self-regulating powers of
organisations but are not subject to competition rules. For this reason, the Commission does not at this
stage consider it necessary to amend the treaties in order to acknowledge the specific nature of amateur
sport.

(1)

(cid:145)The Helsinki Report on Sport(cid:146): Report from the Commission to the European Council with a view to safeguarding
current sports structures and maintaining the social
function of sport within the Community framework,
COM(1999) 644 final.

(2) Opinion of Advocate-General Cosmas in Joined Cases C-51/96 and C-191/97.