WRITTEN QUESTION E-2064/03 by Bart Staes (Verts/ALE) to the Commission. Harmonisation of the status of sportsmen and women from third countries.
Date: 2003-06-20
Institutions: European Parliament, Provisional data
Subjects: approximation of laws, foreign national, fraud, professional sport, trafficking in human beings

15.1.2004

EN

Official Journal of the European Union

C 11 E/247

(2004/C 11 E/275)

WRITTEN QUESTION E-2064/03

by Bart Staes (Verts/ALE) to the Commission

(20 June 2003)

Subject: Harmonisation of the status of sportsmen and women from third countries

In July 2002, the Belgian Senate’s Subcommittee on Trafficking in Human Beings published a report which
included three recommendations relating to trafficking in human beings in the world of sport. The first of
those recommendations provides for the Belgian regions (Flanders, Brussels and Wallonia) to implement
tighter controls on the employment of non-EU nationals. Such controls would involve work permits,
affiliation to a social security scheme, moonlighting, and working conditions, etc. A second recom-
mendation concerned harmonisation of the status of players’ agent.

The gist of the third recommendation was that, in order to prevent abuse and, in particular, to prevent
sport from being used as a camouflage for illegally importing cheap labour, the countries surrounding
Belgium had introduced a high minimum wage for professional sports. For example, in the Netherlands,
the minimum wage was ten times higher than in Belgium (some EUR 350 000 per year). As a result,
Belgium constitutes a transit and test country for potential professional sportsmen and women who, if they
fulfil expectations, subsequently move on to the countries surrounding Belgium or else disappear into the
black economy if they do not.

The Senate subcommittee called for minimum wages for sportsmen and women aged 18 and over.

The third recommendation illustrates not only the European context of the issue, it also shows that the
lack of Europe-wide measures will merely shift the problem from one Member State to another.

Is the Commission aware of the existence of the problem of trafficking in human beings in the world of
sport, and does it agree that it must be tackled at European level?

If it does not agree, what arguments can it put up to contradict the conclusions of the report by the
Belgian Senate’s Subcommittee on Trafficking in Human Beings?

If it does agree, what measures will it take with a view to harmonising the status of sportsmen and women
from non-EU countries in order to combat a concealed form of trafficking in human beings?

Will the Commission also take steps to harmonise the status of players’ agent at European level with a
view to eliminating abuses in this specifically international sector? If so, what steps will it take? If not, why
not?

Answer given by Mrs Reding on behalf of the Commission

(31 July 2003)

The Commission is aware of the debate on trafficking in human beings in the world of sport and, in
particular, of the report issued in July 2002 by the Subcommittee on trafficking in human beings of the
Senate of Belgium. The report emphasises fraudulent practices aimed at the exploitation of juvenile or even
young adult football players from countries such as Brazil or Nigeria in Member States.

The Council Framework Decision of 19 July 2002 on combating trafficking in human beings (1) clarifies
that Member States have to penalise human trafficking for the purpose of exploitation of a person’s labour
or services. Member States must take the necessary measures to comply with this Framework Decision
before 1 August 2004. Consequently, the competent law enforcement agencies will also have to investigate
cases of trafficking in human beings where they occur in the world of sport.

On 25 March 2003 the Commission decided to set up an experts group on trafficking in human beings.
The group will issue opinions or reports to the Commission taking into account the recommendations of
the Brussels Declaration. In particular, the group will submit a report based on these recommendations to
assist the Commission with a view to launching further concrete proposals at European level. In this
context, the issue of trafficking in human beings for the purpose of labour exploitation including the world
of sport will also be addressed.

C 11 E/248

Official Journal of the European Union

EN

15.1.2004

Concerning the second and third questions of the Honourable Member, the Commission recalls that the
Union does not have a specific competence in the sector of sport and that any harmonisation is not,
therefore, possible. Nevertheless, the Commission carefully follows the questions related to the debate on
trafficking in human beings. For example, during the negotiation about the transfer rules in football, the
Commission insisted on the fact that the International Federation of Football Associations (FIFA) should
develop control measures for the young players’ treatment (especially under 18 years old). It also allowed
the FIFA to organise the statute of players’ agents giving special attention to the control of their practices.

(1) OJ L 203, 1.8.2002.

(2004/C 11 E/276)

WRITTEN QUESTION E-2073/03

by Robert Evans (PSE) to the Commission

(24 June 2003)

Subject: Disability Living Allowance

In response to my previous question P-3184/02 (1) Commissioner Diamantopoulou stated that
the
Commission was considering a legislative proposal amending Regulation (EEC) 1408/71 (2), in particular its
Annex IIa. She also stated that this would be considered by the Spring of 2003.

Can the Commission inform me if
constituents can view this progress?

(1) OJ C 242 E, 9.10.2003, p. 48.
(2) OJ L 149, 5.7.1971, p. 2.

this proposal has been considered,

the results, and where my

Answer given by Mrs Diamantopoulou on behalf of the Commission

(8 July 2003)

The Commission has prepared a legislative proposal of miscellaneous amendments to Regulation (EEC)
No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed
persons and their families moving within the Community, including to its Annex IIa. One of the aims of
this proposal is to remove from Annex IIa benefits which do not meet the criteria of being ‘special’ and
non-contributory as defined by the European Court of Justice. It is foreseen that this proposal will be
adopted by the Commission in July 2003, and then presented to the Council and Parliament.

Once the proposal is adopted it will be published in the Official Journal, which is available in paper form
and ‘on-line’.

(2004/C 11 E/277)

WRITTEN QUESTION E-2112/03

by Proinsias De Rossa (PSE) to the Commission

(25 June 2003)

Subject: Disability Directive

EP resolution A5-0377/2001 (1) of 15 November 2001 called on the Commission to issue during 2003 a
draft directive based on Article 13 of the EC Treaty, aiming at equal treatment for people with disabilities,
whilst recognising their individuality and their right to be different.

What action has the Commission taken in response to this call and when will it be in a position to come
forward with such a directive?

(1) OJ C 140 E, 13.6.2002, p. 589.