Brussels, 11.7.2007

SEC(2007) 935

{COM(2007) 391 final} {SEC(2007)932} {SEC(2007)934} {SEC(2007)936}

1.Introduction

The purpose of this Staff Working Document is to present the background, context and, where necessary, rationale of the proposals presented in the Commission's White Paper on Sport.

This document does not repeat the proposals presented in the White Paper and should therefore be read in conjunction with the latter. For ease of reference, the numbering of the sections of this document follows that of the White Paper as much as possible.

The White Paper marks the first time that the Commission is addressing sport-related issues in a comprehensive and coherent manner. It builds on a period of more than two decades during which sport has gradually become a topic on the European agenda.

The "Adonino Report" of the Committee for "the Europe of the Citizens" (1985) was the first Community document to recognise the importance of sport in European society and was endorsed by the Milan European Council in 1985. It initiated campaigns to raise public awareness of belonging to the Community by way of sport.

The Commission adopted a Communication to the Council and the European Parliament on the European Community and Sport in 1991[1] and a Report to the European Council with a view to safeguarding current sport structures and maintaining the social function of sport within the Community framework in 1999[2]. More recently, the Commission also presented a Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU action in the field of Education through Sport: building on EYES 2004 achievements[3].

The Heads of State and Government of the European Union adopted two Declarations on the occasion of the adoption of the Amsterdam Treaty (1997)[4] and of the Nice Treaty (2000)[5] to emphasise the social significance of sport and recognise its special characteristics. The "Nice Declaration" points out that sporting organisations and the Member States have a primary responsibility in the conduct of sporting affairs[6] but recognises that, "even though not having any direct powers in this area, the Community must, in its action under the various Treaty provisions, take account of the social, educational and cultural functions inherent in sport and making it special, in order that the code of ethics and the solidarity essential to the preservation of its social role may be respected and nurtured."

The results of the 2004 Intergovernmental Conference included sport among the “areas of supporting, coordinating or complementary action”.[7] The relevant article in the agreed text (Article III-282) recalled that the "Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, its structures based on voluntary activity and its social and educational function", and pointed out that "Union action shall be aimed at developing the European dimension in sport, by promoting fairness and openness in sporting competitions and cooperation between bodies responsible for sport, and by protecting the physical and moral integrity of sportsmen and sportswomen, especially young sportsmen and sportswomen."

The European Parliament has repeatedly paid attention to European sport issues in recent years, most recently by adopting a resolution on the future of professional football in Europe.[8]

While preparing the White Paper the Commission has analysed a large number of relevant documents, such as e.g. the report and conclusions of the "Rules of the Game" conference on governance in sport organised in Brussels on 26-27 February 2001 by FIA and the European Olympic Committees[9] and the "Independent European Sport Review 2006", a document published at the initiative of the UK Presidency and financed by UEFA[10].

• 2. The societal role of sport
• 3. The economic dimension of sport
• 4. The organisation of sport
• 5. Follow-up
• Annex i : sport and eu competition rules
• Annex ii : sport and internal market freedoms
• Annex iii : consultations with stakeholders

1. SEC (91) 1438 Final of 31 July 1991
2. COM (1999) 644 Final of 10 December 1999
3. COM(2005) 680 final of 22 December 2005
4. Declaration n°29 attached to the Amsterdam treaty: "The Conference emphasises the social significance of sport, in particular its role in forging identity and bringing people together. The Conference therefore calls on the bodies of the European Union to listen to sports associations when important questions affecting sport are at issue. In this connection, special consideration should be given to the particular characteristics of amateur sport."
5. Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies.
6. At the same time it clarifies that the sporting organisations have to exercise their task to organise and promote their particular sports "with due regard to national and Community legislation".
7. Article I-17
8. European Parliament resolution of 29 March 2007 on the future of professional football in Europe. See also the EP draft report on the role of sport in education (2007/2086 (INI)).
9. http://www.governance-in-sport.com/
10. http://www.independentfootballreview.com/