WRITTEN QUESTION P-1324/02 by Helle Thorning-Schmidt (PSE) to the Commission. Danish Football Association (DBU) rules on non-EU citizens.
Date: 2002-05-02
Institutions: European Parliament, Provisional data
Subjects: Denmark, EU national, Poland, association agreement (EU), free movement of workers, professional sport, sports body

C 229 E/204

Official Journal of the European Communities

EN

26.9.2002

diversity. Through this programme, the Community supports projects that provide genuine European
added value,
i.e. projects involving aims, methods and types of cooperation that are not purely local,
regional or even national in scope and which are designed to have an impact at European level.

To meet the European added value requirement, the programme clearly stipulates that Community support
can only be given for projects involving the participation of cultural organisations from at least three of
the countries that are allowed to take part in the programme. This financial support is given on the basis
of specific calls for proposals which indicate the general requirements to be met by projects, eligibility and
exclusion criteria, the procedure and criteria for selecting projects, and the financial and contractual
obligations to which candidates will be subject.

The call for proposals concerning the implementation of the Culture 2000 programme in 2003 should be
published in the Official Journal of the European Communities in the second quarter of 2002. In addition,
this call will be placed on the Commission’s Internet site at http://europa.eu.int/comm/culture/eac/
index_en.html, where the Honourable Member will also be able to find full details of the programme.

As regards participation in the Interreg programme, the Commission would like to point out that the
project in question does not meet the conditions specified for the programme, which was established to
promote cooperation between regions and requires that projects be submitted by a number of cross-border
or transnational partners.

(2002/C 229 E/235)

WRITTEN QUESTION P-1324/02

by Helle Thorning-Schmidt (PSE) to the Commission

(2 May 2002)

Subject: Danish Football Association (DBU) rules on non-EU citizens

Two Danish football clubs, AB and Vejle BK, met on 14 April 2002. AB, who were leading 4-0, brought
on a Polish player when they already had three non-EU players on the pitch. Under DBU rules, a team is
allowed to field only three non-EU players, and the substitution was therefore against DBU rules.

As a result, AB lost the match 0-3 on the basis of an administrative ruling.

However, the European Union has an association agreement with Poland, pursuant to which Polish
workers lawfully resident in an EU Member State have equal status with EU workers.

Will the Commission therefore confirm whether or not a Polish footballer is to be regarded as an EU
worker in the footballing context under the association agreement?

Will it also explain which rules take precedence if EU and DBU rules conflict with one another as regards
the nationalities whose holders are to be counted as non-EU citizens?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(3 June 2002)

As regards nationality clauses in the rules of sporting associations, the Commission wishes to refer to the
judgement of the European Court of Justice in the Bosman-case (1) in which the Court held that Article 39
(ex Article 48) of the EC-Treaty precludes the application of rules laid down by sporting associations
limiting the participation of players who are nationals of other Member States.

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Official Journal of the European Communities

C 229 E/205

The Europe agreement between the Communities and Poland provides in Article 37(1) that the treatment
accorded to workers of Poland legally employed in the territory of a Member State, shall be free from any
discrimination based on nationality, as regards working conditions, remuneration or dismissal, as
compared to its own nationals.

When a Polish player has been granted a work permit and recruited by a sports club, a sports association
may not limit the right of the player to participate in competitions it is organising. Not fielding the Polish
player in a match means discrimination based on nationality as regards working conditions.

According to the case-law of the European Court of Justice (2) the first indent of Article 37(1) of the Europe
Agreement must be held to have direct effect, so that Polish nationals who assert it may also rely on it
before the national courts of the host Member State. The provisions of the Europe Agreement take
precedence if Union and the rules of the Danish Football Association (DBU) conflict with one another.

(1) Case C-415/93, Bosman, 115 ECR I-4921, points 115-137.
(2) Case C-162/00, ECJ 29.1.2002.

(2002/C 229 E/236)

WRITTEN QUESTION E-1335/02

by Giovanni Pittella (PSE) to the Commission

(8 May 2002)

Subject: Frontier workers

Frontier workers no longer constitute a temporary phenomenon, but a structural one of considerable
proportions.

The peculiar status of such workers requires special legislative instruments defining their specific rights.

These rights should include the automatic renewal of work permits, recognition of formal qualifications,
fair taxation and guaranteed health care.

Border workers need dual safeguards C contractually in the country in which they work, and as regards
welfare, taxation and social security in the country of residence.

What legislative instruments will the Commission propose to safeguard the rights of frontier workers?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 June 2002)

The Commission wishes to refer to its proposal of 1998 (1) for amendments to Regulation (EEC) No 1612/
68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (2).
The Commission proposed a specific provision with a reference to the situation of frontier workers. This
provision would constitute an important reinforcement of the frontier worker’s legal security.

(1) OJ C 344, 12.11.1998.
(2) OJ L 257, 19.10.1968.