COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Developing the European Dimension in Sport
Date: 2011-01-18
Institutions: European Commission
Subjects: education, health care, international cooperation, performance drugs, social integration, sport

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EUROPEAN COMMISSION 

Brussels, 18.1.2011 
COM(2011) 12 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Developing the European Dimension in Sport 

{SEC(2011) 66 final} 
{SEC(2011) 67 final} 
{SEC(2011) 68 final} 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL 
COMMITTEE AND THE COMMITTEE OF THE REGIONS 

Developing the European Dimension in Sport 

1. 

INTRODUCTION 

EU-level  cooperation  and  dialogue  on  sport  have  been  greatly  enhanced  thanks  to  the  2007 
White Paper on Sport1. Almost all actions in the accompanying "Pierre de Coubertin" Action 
Plan have been completed or are being implemented. The White Paper includes a description 
of the specificity of sport and the application of EU law in areas such as the Internal Market 
and competition to the sport sector. Through the implementation of the White Paper on Sport, 
the Commission has gathered useful evidence regarding themes to be addressed in the future. 
This Communication does not replace the White Paper but builds on its achievements. 

In a number of areas, the White Paper remains an appropriate basis for EU-level activities in 
the  field  of  sport.  These  areas  include,  for  example,  the  promotion  of  voluntary  activity  in 
sport,  the  protection  of  minors,  and  environmental  protection.  The  White  Paper  has  also 
created a structured  dialogue with sport stakeholders, including an annual EU Sport  Forum, 
and  has  served  as  a  basis  for  mainstreaming  sport-related  activities  into  relevant  EU  funds, 
programmes  and  initiatives.  The  fact  that  certain  topics  are  not  elaborated  upon  in  this 
Communication  does  not  imply  that  they  are  no  longer  priorities  for  the  Commission,  but 
rather that the White Paper remains a sufficient basis for addressing them in the coming years. 

Different aspects of the sport sector are covered by different Treaty provisions, as explained 
in  the  White  Paper.  In  addition,  the  Lisbon  Treaty  gives  the  EU  a  supporting,  coordinating 
and  supplementing  competence  for  sport  which  calls  for  action  to  develop  the  European 
dimension in sport (Article 165 TFEU). 

As the structure of the White Paper, based on three broad thematic chapters (the societal role 
of  sport,  the  economic  dimension  of  sport  and  the  organisation  of  sport)  and  reflecting  the 
Treaty  provisions  on  sport,  has  been  found  useful  by  sport  stakeholders  and  has  become  a 
widely  accepted  tool  for  framing  EU-level  activities  and  discussions,  this  structure  is 
maintained  in  this  Communication.  Each  chapter  concludes  with  an  illustrative,  non-
exhaustive list of possible issues for the Commission and the Member States to address within 
their respective spheres of competence. 

1.1. 

EU-wide public consultation 

While  preparing  this  Communication,  the  Commission  consulted  with  a  wide  range  of 
stakeholders to identify key themes to be addressed at EU level, including consultations with 
Member States and key sport stakeholders (EU Sport Forum, bilateral consultations), an on-
line consultation and an independent expert group2. It has also taken account of the results of 

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COM(2007) 391, 11.7.2007. 
The 
http://ec.europa.eu/sport/library/doc/a/100726_online_consultation_report.pdf 

the  public  consultation  have  been  published  on 

results  of 

the 

following  website: 

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a  study  on  "The  Lisbon  Treaty  and  EU  Sports  Policy"  commissioned  by  the  European 
Parliament3. 

Consultations with the Member States revealed a high level of consensus that the following 
topics should be priorities in the EU agenda for sport: health-enhancing physical activity; the 
fight  against  doping;  education  and  training;  voluntary  activity  and  non-profit  sport 
organisations;  social  inclusion  in  and  through  sport,  including  sport  for  people  with 
disabilities and gender equality in  sport; sustainable financing of  grassroots sport; and  good 
governance. 

In  addition  to  these  issues,  the  non-governmental  sport  sector  raised  the  following  topics: 
participation  levels  in  sport;  the  availability  of  sport  and  physical  activity  at  all  levels  of 
education;  recognition  of  voluntary  activity;  the  fight  against  violence  and  discrimination; 
stable funding; and the need for support for networking and exchange of good practice at EU 
level. 

1.2. 

The EU’s added value in the field of sport 

The  Commission  respects  the  autonomy  of  sport  governing  structures  as  a  fundamental 
principle relating to the organisation of sport. It also respects the competences of the Member 
States in this area, in line with the principle of subsidiarity. Nonetheless, implementation of 
the  White  Paper  has  confirmed  that,  in  a  number  of  areas,  action  at  EU  level  can  provide 
significant added value. 

EU  action  aims  at  supporting  Member  States'  actions  and  complementing  them  where 
appropriate to address challenges such as violence and intolerance linked to sport events, or 
the lack of comparable data on the EU sport sector as a basis for policy-making. At the same 
time,  EU  action  can  help  address  transnational  challenges  encountered  by  sport  in  Europe 
such  as  a  coordinated  approach  to  the  challenge  of  doping,  fraud  and  match-fixing  or  the 
activities of sports agents. 

EU  action  also  contributes  to  the  overall  goals  of  the  Europe  2020  Strategy  by  improving 
employability  and  mobility,  notably  through  actions  promoting  social  inclusion  in  and 
through  sport,  education  and  training  (including  through  the  European  Qualifications 
Framework) and European guidelines for physical activity. 

In  all  of  the  areas  elaborated  in  this  Communication,  EU  action  can  serve  to  provide  a 
platform  for  exchange  and  dialogue  among  sport  stakeholders,  spreading  good  practice  and 
promoting the development of European networks in the field of sport. In parallel, EU action 
contributes to the dissemination of knowledge about EU law in the sport sector, thus ensuring 
greater legal certainty for European sport. 

Currently,  the  Commission  provides  support  for  projects  and  networks  in  the  field  of  sport 
either through sport-specific incentive measures, notably the Preparatory Actions in the field 
of  sport,  or  through  existing  programmes  in  various  relevant  fields.  These  include  life-long 
learning,  public  health,  youth,  citizenship,  research  and  technological  development,  social 
inclusion, fight against racism, environmental protection and others. 

3 

http://www.europarl.europa.eu/activities/committees/studies/download.do?language=en&file=32471 

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While  the  continuation  of  incentive  measures  in  support  of  the  actions  identified  in  this 
Communication  will  be  part  of  the  discussions  accompanying  the  preparation  of  the  next 
Multiannual  Financial  Framework,  the  proposals  in  this  document  will  be  supported  in  the 
short term through ongoing and future Preparatory Actions and special events in the field of 
sport. 

2. 

THE SOCIETAL ROLE OF SPORT 

Sport has a strong potential to contribute to smart, sustainable and inclusive growth and new 
jobs through its positive effects on social inclusion, education and training, and public health. 
It  helps  limit  the  rise  in  social  security  and  health  expenditure  by  improving  the  health  and 
productivity  of  the  population  and  by  ensuring  a  higher  quality  of  life  through  old  age.  It 
contributes  to  social  cohesion  by  breaking  down  social  barriers,  and  it  improves  the 
employability  of  the  population  through  its  impact  on  education  and  training.  Voluntary 
activity  in  sport  can  contribute  to  employability,  social  inclusion  as  well  as  higher  civic 
participation, especially among young people. On the other hand, sport is confronted with a 
number  of  threats  from  which  athletes,  particularly  young  athletes,  and  citizens  need  to  be 
protected, such as doping, violence and intolerance. 

2.1. 

Fight against doping 

Doping  remains  an  important  threat  to  sport.  Use  of  doping  substances  by  amateur  athletes 
poses  serious  public  health  hazards  and  calls  for  preventive  action,  including  in  fitness 
centres.  Doping  prevention  and  doping  sanctions  remain  within  the  remit  of  sport 
organisations and Member States. The Commission supports the fight against doping and the 
important  role  of 
the  World  Anti-Doping  Agency  (WADA),  national  anti-doping 
organisations  (NADOs),  accredited  laboratories,  the  Council  of  Europe  and  UNESCO.  The 
Commission  welcomes  the  fact  that  NADOs  are  increasingly  organised  as  independent 
bodies. It also encourages Member States to adopt and share national anti-doping action plans 
aimed at ensuring coordination among all relevant actors. 

Many  stakeholders  call  for  a  more  active  EU  approach  in  the  fight  against  doping,  for 
example by joining, to the extent that the competences in this area entitle the Union to do so, 
the  Anti-Doping  Convention  of  the  Council  of  Europe.  There  is  a  need  to  assess  the 
implications of the competence conferred upon the Union in Article 165 TFEU in relation to 
the EU's representation in WADA's governing structures. 

The Commission underscores the need for anti-doping rules and practices to comply with EU 
law in respecting fundamental rights and principles such as respect for private and family life, 
the protection of personal data, the right to a fair trial and the presumption of innocence. Any 
limitation  on  the  exercise  of  these  rights  and  freedoms  must  be  provided  for  by  law  and 
respect the essence of those rights and the principle of proportionality. 

The  Commission  encourages  the  existing  trend  across  EU  Member  States  to  introduce 
criminal  law  provisions  against  trade  in  doping  substances  by  organised  networks,  or  to 
reinforce existing provisions. 

2.2. 

Education, training and qualifications in sport 

Time  spent  on  sport  and  physical  activity  in  education  could  be  improved  at  low  cost  both 
outside and inside the school curriculum. The quality of physical education programmes and 

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the  qualifications  of  teachers  involved  remain  a  concern  in  a  number  of  Member  States. 
Cooperation  between  sport  organisations  and  educational  institutes  is  beneficial  for  both 
sectors and can be supported by universities. 

Following the European Council's call in 2008 to address the question of "dual careers"4, the 
Commission emphasises the importance of ensuring that young high-level athletes are offered 
quality education in parallel to their sport training. Young athletes, in particular those coming 
from  third  countries  to  train  and  compete  in  Europe,  face  multiple  risks  linked  to  their 
vulnerability. The quality of sport training centres and their staff should be sufficiently high in 
order to safeguard the athletes' moral and educational development and professional interests. 

Member  States  and  the  sport  movement  recognise  the  need  for  better-qualified  staff  in  the 
sport sector. The high level of professionalism and diversity of professions in sport, combined 
with  increasing  mobility  within  the  EU,  underline  the  relevance  of  including  sport-related 
qualifications in national qualification systems so that they can take advantage of referencing 
to the European Qualification Framework (EQF). More transparency is needed regarding the 
validation  and  recognition  of  qualifications  gained  by  volunteers,  as  well  as  regarding 
qualifications required for regulated sport-related professions. 

2.3. 

Prevention of and fight against violence and intolerance 

Spectator violence and disorder remain a Europe-wide phenomenon and there is a need for a 
European  approach  comprising  measures  designed  to  reduce  the  associated  risks.  In 
cooperation with the Council of Europe, EU action has so far focused on providing citizens 
with a high level of safety through policing at international football events. A wider approach 
covering also other sport disciplines, focused on prevention and law enforcement, will require 
stronger  cooperation  among  the  relevant  stakeholders,  such  as  police  services,  judicial 
authorities, sport organisations, supporters' organisations and public authorities. 

As shown by a recent report of the EU Fundamental Rights Agency5, racism, xenophobia and 
other forms of intolerance continue to pose problems in European sport, including at amateur 
level. Member States are encouraged to ensure the full and effective transposition of Council 
Framework Decision 2008/913/JHA on Combating Certain Forms and Expressions of Racism 
and  Xenophobia  by  Means  of  Criminal  Law  and  to  support  activities  targeted  at  fighting 
against these phenomena. 

2.4. 

Enhancing health through sport 

Physical activity is one of the most important health determinants in modern society and can 
make a major contribution to the reduction of overweight and obesity and the prevention of a 
number  of  serious  diseases.  Sport  constitutes  a  fundamental  part  of  any  public  policy 
approach  aiming  at  improving  physical  activity.  In  2008,  EU  Sport  Ministers  informally 
endorsed EU Physical Activity Guidelines recommending how policies and practices at EU, 
national and local levels can be used to make it easier for citizens to be physically active as 
part of their daily lives. A number of Member States have used them as a basis for national 
policy initiatives. 

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European Council Declaration on Sport, December 2008. 
Racism, ethnic discrimination and exclusion of migrants and minorities in sport: comparative overview 
of the situation in the European Union (2010): http://fra.europa.eu/fraWebsite/home/home_en.htm 

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Health  and  physical  activity  are  so  closely  intertwined  that  enhancing  physical  activity  is  a 
key  part  of  the  2007  White  Paper  "A  Strategy  for  Europe  on  Nutrition,  Overweight  and 
Obesity  related  health  issues"6.  To  implement  this  strategy,  several  Member  States  have 
shown  willingness  to  invest  in  physical  activity  as  a  means  to  improve  health,  and  various 
organisations have committed themselves to projects promoting exercise for better health. 

There are large differences in physical activity levels and public approaches between Member 
States  and  the  concept  of  health-enhancing  physical  activity  (HEPA),  covering  a  variety  of 
sectors  as  diverse  as  sport,  health,  education,  transport,  urban  planning,  public  safety  and 
working  environment,  poses  considerable  challenges.  Physical  activity  could  be  further 
encouraged  in  national  educational  systems  from  an  early  age.  Transnational  exchange  of 
good  practice  to  support  the  design  and  implementation  of  national  physical  activity 
guidelines has high EU added value and should be further developed. 

2.5. 

Social inclusion in and through sport 

Persons with disabilities have the right to participate on an equal basis with others in sporting 
activities.  The  EU  and  its  Member  States  have  signed  the  UN  Convention  on  the  Rights  of 
Persons with Disabilities, which includes the obligation to take appropriate measures to make 
these  rights  effective.  It  is  important  to  ensure  full  implementation  of  the  provisions  of  this 
Convention. 

Women  are  under-represented  in  some  areas  of  sport.  In  accordance  with  the  Strategy  for 
Equality  between  Women  and  Men  2010-2015,  the  Commission  will  encourage  the 
mainstreaming of gender issues into sport-related activities. 

Sport  enables  immigrants  and  the  host  society  to  interact  in  a  positive  way,  thus  furthering 
integration  and  inter-cultural  dialogue.  Sport  has  been  increasingly  included  in  specific 
programmes for immigrants, but national approaches differ considerably. Sport can also be a 
vehicle  to  promote  social  inclusion  of  minorities  and  other  vulnerable  or  disadvantaged 
groups  and  contribute  towards  better  understanding  among  communities,  including  in  post-
conflict regions. 

THE SOCIETAL ROLE OF SPORT 

Fight against doping 

•  Commission:  propose  a  draft  mandate  for  negotiations  on  EU  accession  to  the  Anti-

Doping Convention of the Council of Europe. 

•  Commission:  examine  the  most  appropriate  way  to  reinforce  measures  against  trade  in 
doping substances by organised networks, including if possible through criminal law. 

•  Commission: support transnational anti-doping networks, including networks focusing on 

preventive measures targeting amateur sport, sport for all and fitness. 

Education, training and qualifications in sport 

•  Commission:  support  innovative  initiatives  under  the  Lifelong  Learning  Programme 

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relating to physical activity at school. 

•  Commission  and  Member  States:  develop  European  guidelines  on  combined  sports 

training and general education ("dual careers"). 

•  Commission  and  Member  States:  support  the  inclusion  of  sport-related  qualifications 
when implementing the European Qualifications Framework. In this context, promote the 
validation  of  non-formal  and  informal  learning  gained  through  activities  such  as 
voluntary activity in sport. 

Prevention of and fight against violence and intolerance 

•  Commission  and  Member  States:  develop  and  implement  security  arrangements  and 
safety  requirements  for  international  sport  events,  including  pan-European  training  and 
peer review projects for police officers regarding spectator violence. 

•  Commission:  support  activities  aimed  at  fighting  against  racism,  xenophobia, 

homophobia and related intolerance in sport. 

Enhancing health through sport 

•  Commission and Member States: based on the EU Physical Activity Guidelines, continue 
progress  toward  the  establishment  of  national  guidelines,  including  a  review  and 
coordination process, and consider proposing a Council Recommendation in this field. 

•  Commission: support transnational projects and networks in the area of health-enhancing 

physical activity. 

Social inclusion in and through sport 

•  Commission and Member States: develop and disseminate standards for accessibility of 
sport,  leisure  and  recreation  organisations,  activities,  events  and  venues  through  the 
European Disability Strategy. 

•  Commission and Member States: promote the participation of people with disabilities in 
European  sporting  events  as  well  as  the  organisation  of  disability-specific  events,  in 
particular through supporting transnational projects and networks. In this context, support 
research related to specialised sport devices for persons with disabilities. 

•  Commission:  support  transnational  projects  promoting  women's  access  to  leadership 
positions  in  sport  and  access  to  sport  for  women  in  a  disadvantaged  position.  In  this 
context, include sport in the database and network of women in leadership positions. 

•  Commission:  support  transnational  projects  promoting  social  integration  of  vulnerable 

and disadvantaged groups through sport and related exchange of good practice. 

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3. 

THE ECONOMIC DIMENSION OF SPORT 

Sport  represents  a  large  and  fast-growing  sector  of  the  economy  and  makes  an  important 
contribution to growth and jobs, with value added and employment effects exceeding average 
growth rates. Around 2% of global GDP is generated by the sport sector.7 Major sport events 
and  competitions  provide  strong  potential  for  increased  development  of  tourism  in  Europe. 
Sport is thus a contributor to the Europe 2020 strategy. Comparable data are needed as a basis 
for evidence-based policy-making. Notwithstanding the overall economic importance of sport, 
the vast majority of sporting activities takes place in non-profit structures based on voluntary 
activity.  The  sustainability  of  financing  for  such  structures  can  be  a  cause  for  concern  and 
financial solidarity between professional and grassroots sport should be reinforced. 

3.1. 

Evidence-based policy-making in the field of sport 

Policy-making to implement the sport provisions in the Lisbon Treaty needs a sound evidence 
base,  including  comparable  EU-wide  data  on  social  and  economic  aspects  of  sport.  The 
Commission  is  facilitating  cooperation  at  EU  level  to  measure  the  economic  importance  of 
sport through a Sport Satellite Account.8 Enhanced cooperation for better knowledge of sport 
in the EU should involve academics, the sport industry, the sport movement and national and 
European public authorities. 

3.2. 

Sustainable financing of sport 

Exploitation  of  intellectual  property  rights  in  the  area  of  sport,  such  as  licensing  of 
retransmission of sport events or merchandising, represents important sources of income for 
professional sports. Revenue derived from these sources is often partly redistributed to lower 
levels of the sports chain. 

The  Commission  considers  that,  subject  to  full  compliance  with  EU  competition  law  and 
Internal  Market  rules,  the  effective  protection  of  these  sources  of  revenue  is  important  in 
guaranteeing independent financing of sport activities in Europe. The licensing of sport media 
rights  should  respond  to  different  market  demands  and  cultural  preferences  while  ensuring 
that Internal Market and competition law is respected. 

The  collective  selling  of  media  rights  is  a  good  example  of  financial  solidarity  and 
redistribution mechanisms within sports. Collective selling of media rights inherently restricts 
competition  within  the  meaning  of  Article  101(1)  TFEU.  However,  collective  selling  may 
bring about advantages which may outweigh the negative effects. Joint selling can therefore 
meet  the  criteria  for  an  exemption  under  Article  101(3)  TFEU  if  certain  conditions  are 
fulfilled.  The  Commission  recommends  sport  associations  to  establish  mechanisms  for  the 
collective  selling  of  media  rights  to  ensure  adequate  redistribution  of  revenues,  in  full 
compliance with EU competition law while maintaining the right of the public to information. 

Gambling activities (including sport betting and lotteries) run by private operators or by the 
State directly or indirectly contribute to the financing of sport in all EU Member States. The 
contributions can include financial links between State-run lotteries and the sport movement, 

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World Economic Forum, Davos, 2009. 
A satellite account is a statistical framework to measure the economic importance of a specific industry 
(in this case, the sport sector) in the national economy. A Sport Satellite Account filters the National 
Accounts for sport-relevant activities to extract all sport-related value added. 

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fiscal  contributions  providing  financing  to  sport,  the  exploitation  of  specific  rights  and 
sponsorship deals. 

Sport  stakeholders  perceive  challenges  with  regard  to  continued  income  streams  from 
gambling activities into sport. Calls to ensure sustainable funding for sport from private and 
public  sources  and  financial  stability  of  the  sport  sector  should  be  taken  into  account  when 
further  addressing  the  provision  of  gambling  services  in  the  Internal  Market.  Regulatory 
approaches  vary  among  Member  States  in  areas  relating  to  intellectual  property  rights  and 
gambling activities, in particular regarding the extent of property rights for the organisers of 
sport competitions in relation to the events they organise, as well as the issue of image rights 
in sport. 

To better understand these issues, the Commission has launched an EU study on the funding 
of  grassroots  sport.  The  study  should  show  the  real  importance  of  the  different  funding 
sources  for  grassroots  sport,  such  as  public  subsidies  (state,  regional  and  local  authorities), 
households' contributions, and contributions of voluntary activity, sponsorship, media revenue 
and revenue from the organisation of gambling services. The outcome of the study will inform 
decisions on whether any action is needed in this area, and of what kind. 

3.3. 

Application of EU State aid rules to sport 

Sport  is  financed  in  various  ways  by  public  authorities  in  all  EU  Member  States.  Some 
measures,  such  as  very  small  amounts  of  aid  falling  under  the  de  minimis  Regulation,  may 
remain outside the scope of Article 107(1) TFEU. When the conditions set out in this Article 
are met, State aid is in principle incompatible with EU law, unless one of the derogations in 
Article  107  TFEU  is  applicable.  Although  State  aid  to  sport  is  not  covered  as  such  by  the 
General  Block  Exemption  Regulation,  it  might  fall  under  certain  provisions  of  this 
Regulation,  in  which  case  it  can  be  considered  compatible  without  any  need  for  prior 
notification to the Commission. Otherwise, a new aid needs to be notified in advance to the 
Commission pursuant to Article 108(3) TFEU and can only be awarded after the Commission 
has issued a favourable decision. There have only been a few decisions concerning State aid 
to sport and, as in other sectors in a similar situation, stakeholders have repeatedly called for 
further clarification regarding the financing of infrastructure and sport organisations. 

3.4. 

Regional development and employability 

EU funds could be used for projects and actions in support of sustainable sport structures. For 
instance, in order to take full advantage of the value of sport as a tool for local and regional 
development,  urban  regeneration,  rural  development,  employability,  job  creation  and  labour 
market integration, the Structural Funds can support investments in line with the priorities set 
in  the  Operational  Programmes.  Regional  stakeholders  (municipalities  and  regions)  play  a 
crucial  role  when  it  comes  to  sport  funding  and  access  to  sport  and  should  be  increasingly 
involved in the related EU-level discussions. 

THE ECONOMIC DIMENSION OF SPORT 

Evidence-based policy-making in the field of sport 

•  Commission  and  Member  States:  produce  Satellite  Accounts  for  Sport  compatible  with 

the agreed European definition. 

•  Commission: support a network of universities to promote innovative and evidence-based 

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sport policies. 

•  Commission: study the feasibility of establishing a sport monitoring function in the EU to 
analyse  trends,  collect  data,  interpret  statistics,  facilitate  research,  launch  surveys  and 
studies, and promote exchange of information. 

Sustainable financing of sport 

•  Commission:  ensure  that  intellectual  property  rights  that  might  arise  in  the  coverage  of 
sport events are taken into account in the implementation of the Digital Agenda initiative. 

•  Commission: launch a study to analyse sport organisers' rights and image rights in sport 

from the perspective of the EU legal framework. 

•  Commission and Member States: in cooperation with the sport movement, explore ways 
to  strengthen  financial  solidarity  mechanisms  within  sports  while  fully  respecting  EU 
competition rules. 

•  Commission and Member States: based on the results of the EU study on the funding of 
grassroots  sport,  consider  best  practice  among  existing  funding  mechanisms  for 
transparent and sustainable financing of sport. 

Application of EU State aid rules to sport 

•  Commission:  monitor the  application  of State aid law in  the field  of  sport  and consider 

guidance if the number of sport-related State aid cases increases. 

Regional development and employability 

•  Commission and Member States: fully exploit the possibilities of the European Regional 
Development Fund to support sport infrastructure and sustainable activities in sport and 
outdoors as a tool for regional and rural development, and of the European Social Fund 
to strengthen the skills and employability of workers in the sport sector. 

4. 

THE ORGANISATION OF SPORT 

4.1. 

Promotion of good governance in sport 

Good  governance  in  sport  is  a  condition  for  the  autonomy  and  self-regulation  of  sport 
organisations.  While  it  is  not  possible  to  define  a  single  model  of  governance  in  European 
sport across different disciplines and in view of various national differences, the Commission 
considers  that  there  are  inter-linked  principles  that  underpin  sport  governance  at  European 
level,  such  as  autonomy  within  the  limits  of  the  law,  democracy,  transparency  and 
accountability  in  decision-making,  and  inclusiveness  in  the  representation  of  interested 
stakeholders.  Good  governance  in  sport  is  a  condition  for  addressing  challenges  regarding 
sport and the EU legal framework. 

4.2. 

The specific nature of sport 

The  specific  nature  of  sport,  a  legal  concept  established  by  the  Court  of  Justice  of  the 
European Union which has already been taken into account by the EU institutions in various 

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circumstances  and  which  was  addressed  in  detail  in  the  White  Paper  on  Sport  and  the 
accompanying  Staff  Working  Document,  is  now  recognised  by  Article  165  TFEU.  It 
encompasses  all  the  characteristics  that  make  sport  special,  such  as  for  instance  the 
interdependence  between  competing  adversaries  or 
the  pyramid  structure  of  open 
competitions. The concept of the specific nature of sport is taken into account when assessing 
whether  sporting  rules  comply  with  the  requirements  of  EU  law  (fundamental  rights,  free 
movement, prohibition of discrimination, competition, etc.). 

Sporting  rules  normally  concern  the  organisation  and  proper  conduct  of  competitive  sport. 
They are under the responsibility of sport organisations and must be compatible with EU law. 
In order to assess the compatibility of sporting rules with EU law, the Commission considers 
the legitimacy of the objectives pursued by the rules, whether any restrictive effects of those 
rules are inherent in the pursuit of the objectives and whether they are proportionate to them. 
Legitimate objectives pursued by sport organisations may relate, for example, to the fairness 
of  sporting  competitions,  the  uncertainty  of  results,  the  protection  of  athletes’  health,  the 
promotion  of  the  recruitment  and  training  of  young  athletes,  financial  stability  of  sport 
clubs/teams or a uniform and consistent exercise of a given sport (the “rules of the game”). 

Through  its  dialogue  with  sport  stakeholders  the  Commission  will  continue  its  efforts  to 
explain,  on  a  theme-per-theme  basis,  the  relation  between  EU  law  and  sporting  rules  in 
professional  and  amateur  sport.  As  requested  by  Member  States  and  the  sport  movement  in 
the consultation, the Commission is committed to supporting an appropriate interpretation of 
the concept of the specific nature of sport and will continue to provide guidance in this regard. 
Regarding the application of EU competition law, the Commission will continue to apply the 
procedure as foreseen in Regulation (EC) No 1/2003. 

4.3. 

Free movement and nationality of sportspeople 

The organisation of sport on a national basis is part of the traditional European approach to 
sport.  While  the  Treaty  prohibits  discrimination  based  on  nationality  and  enshrines  the 
principle of free movement of workers, the Court of Justice has taken into account the need to 
preserve certain specific characteristics of sport in past rulings dealing with the composition 
of national teams or deadlines for transfer rules for players in team sport competitions. 

In  the  area  of  professional  sport,  rules  entailing  direct  discrimination  (such  as  quotas  of 
players on the basis of nationality) are not compatible with EU law. On the other hand, rules 
which  are  indirectly  discriminatory  (such  as  quotas  for  locally  trained  players),  or  which 
hinder  free  movement  of  workers  (compensation  for  recruitment  and  training  of  young 
players),  may  be  considered  compatible  if  they  pursue  a  legitimate  objective  and  insofar  as 
they are necessary and proportionate to the achievement of such an objective. 

Based on Article 45 TFEU, the free movement rules apply only to workers and professional 
players in the framework of an economic activity.  However, the free  movement  rules apply 
also  to  amateur  sport  as  the  Commission  considers  that  following  a  combined  reading  of 
Articles 18, 21 and 165 TFEU, the general EU principle of prohibition of any discrimination 
on grounds of nationality applies to sport for all EU citizens who have used their right to free 
movement, including those exercising an amateur sport activity. 

The Commission has launched a study to assess the implications of the Treaty provisions on 
non-discrimination on grounds of nationality in individual sports. Guidance on free movement 
is  provided  in  a  Staff  Working  Document  accompanying  this  Communication.  Additional 

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guidance can be found in the Communication from the Commission on "Reaffirming the free 
movement of workers: rights and major developments", adopted on 13 July 20109. 

4.4. 

Transfer rules and the activities of sport agents 

After  discussions  with  the  Commission  in  2001  in  the  context  of  an  antitrust  case,  a  set  of 
rules was included in the FIFA Regulations on the Status and Transfer of Players. Transfers of 
players regularly come to public attention because of concerns about the legality of the acts 
and about transparency of financial flows involved. The Commission considers that the time 
has come for an overall evaluation of transfer rules in professional sport in Europe. 

The independent study on sport agents carried out on behalf of the Commission in 2009 gives 
an overview of the activities of sport agents in the EU. The main problems identified are of an 
ethical nature, such as financial crime and exploitation of young players, thus threatening the 
fairness of sporting  competitions and the integrity of sportspeople. The study  also identifies 
discrepancies in the way the activity of agents is regulated by public authorities and private 
bodies in Europe. 

4.5. 

Integrity of sporting competitions 

In  team  sports,  club  licensing  systems  offer  a  valuable  tool  to  ensure  the  integrity  of 
competitions.  They  are  also  an  effective  way  of  promoting  good  governance  and  financial 
stability. The Commission welcomes the adoption of measures aimed at enhancing financial 
fair  play  in  European  football  while  recalling  that  such  measures  have  to  respect  Internal 
Market and competition rules. 

Match-fixing violates the ethics and integrity of sport. Whether related to influencing betting 
or to sporting objectives, it is a form of corruption and as such sanctioned by national criminal 
law. International criminal networks play a role in match-fixing associated with illicit betting. 
Due to the worldwide popularity of sport and the trans-frontier nature of betting activities, the 
problem  often  goes  beyond  the  remit  of  national  authorities.  Sport  stakeholders  have  been 
working  with  public  and  private  betting  companies  to  develop  early  warning  systems  and 
educational  programmes,  with  mixed  results.  The  Commission  will  cooperate  with  the 
Council  of  Europe  in  analysing  the  factors  that  could  contribute  to  more  effectively 
addressing the issue of match-fixing at national, European and international level. Integrity in 
sport  is  also  one  of  the  issues  that  will  be  addressed  in  the  forthcoming  Commission 
consultation on the provision of online gambling services in the EU. 

4.6. 

European social dialogue in the sport sector 

Social dialogue is a cornerstone of the European social model and gives employers, athletes 
and  sport  workers  the  opportunity  to  shape  labour  relations  in  the  sport  sector  through  an 
autonomous dialogue in the general EU legislative and institutional framework. A European 
social dialogue committee was launched in the sector of professional football in 2008. Work 
in  this  committee  has  progressed  towards  the  establishment  of  minimal  contractual 
requirements for football players. 

In  addition,  several  potential  European  social  partner  organisations  have  expressed  their 
interest in creating a social dialogue committee for the whole sport and active leisure sector. 

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The  Commission  encourages  this  development  and  invites  social  partners  to  further 
consolidate  representativeness  at  EU  level.  It  will  propose  a  test  phase  to  facilitate  the 
introduction of such dialogue. 

THE ORGANISATION OF SPORT 

Promotion of good governance in sport 

•  Commission  and  Member  States:  promote  standards  of  sport  governance  through 

exchange of good practice and targeted support to specific initiatives. 

The specific nature of sport 

•  Commission: provide assistance and guidance, on a theme-per-theme basis, relating to the 

application of the concept of the specific nature of sport. 

Free movement and nationality of sportspeople 

•  Commission:  issue  guidance  on  how  to  reconcile  the  Treaty  provisions  on  nationality 

with the organisation of competitions in individual sports on a national basis. 

•  Commission: assess the consequences of rules on home-grown players in team sports in 

2012. 

Transfer rules and the activities of sport agents 

•  Commission: launch a study on the economic and legal aspects of transfers of players and 
their  impact  on  sport  competitions.  In  this  context,  provide  guidance  on  transfers  of 
players in team sports. 

•  Commission: organise a conference to further explore possible ways for EU institutions 
and  representatives  of  the  sport  movement  (federations,  leagues,  clubs,  players  and 
agents) to improve the situation with regard to the activities of sports agents. 

European social dialogue in the sport sector 

•  Commission: support social partners and sport organisations to create an EU-level social 
dialogue for the whole sport and leisure sector and to discuss new relevant items such as 
contractual stability, education and training, health and safety, employment and working 
conditions of minors, the role of agents or the fight against doping. 

5. 

COOPERATION  WITH  THIRD  COUNTRIES  AND  INTERNATIONAL 
ORGANISATIONS 

The Lisbon Treaty calls on the Union and the Member State to foster cooperation with third 
countries  and  the  competent  international  organisations  in  the  field  of  sport.  In  view  of  the 
continental organisation of sport and the renewed consensus on enlargement, cooperation with 
European  third  countries,  in  particular  candidate  countries  and  potential  candidates,  and  the 
Council of Europe should be a priority. 

COOPERATION  WITH  THIRD  COUNTRIES  AND 

INTERNATIONAL 

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ORGANISATIONS 

•  Commission: identify the scope for international cooperation in the field of sport with a 
focus  on  European  third  countries,  in  particular  candidate  countries  and  potential 
candidates, and the Council of Europe. 

6. 

CONCLUSION 

In the Commission's view, the complexity of the proposals in the field of sport requires the 
continuation of informal cooperation structures between the Member States in order to ensure 
the continued exchange of good practice and dissemination of results. The Commission will 
continue  to  provide  support  for  informal  working  groups  in  the  field  of  sport  which  the 
Member States wish to continue or establish and which will continue to report to EU Sport 
Directors. 

The  European  Parliament  and  the  Council  are  invited  to  support  the  proposals  made  in  this 
Communication on sport and to indicate their priorities for future activities. 

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