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The European Union's first comprehensive white paper on sports has taken a middle line between the demands of football and the concerns of its competition directorate. The Commission reminded sporting bodies that they did not enjoy a 'general exemption' from EU law, but stepped back from heavy-handed intervention in football. EU education commissioner Jan Figel acknowledged the special role sport plays in local and national culture, but signalled he was prepared to intervene to halt discrimination against foreign players. Mr Figel signalled he could allow sports bodies to insist that teams comprise a certain quota of 'home grown players', in spite of EU law on free movement of people. He said that such a scheme could be approved if it was proportionate and of a quota of locally trained players 'did not lead to any discrimination based on nationality.' European sports ministers and football governing bodies have been pressing Brussels to exempt sport from EU rules on free movement of labour, arguing that rampant commercialism is undermining the integrity of sport. But their demands have cut little ice with Neelie Kroes, EU competition commissioner, who has argued that while sporting rules fall outside competition rules, the commercial side of sport does not. However, extending the EU's powers into sport, remains part of the reform treaty which was approved by the European Council lats month. Mr Figel also left open the possibility that he might legislate to regulate players' agents.
Commission Line Concerns Uefa
The European Commission is refusing to give way to pressure to grant football a special exemption from EU competition law and free movement rules. The draft version of the white paper on sport rules out giving football a general exemption from EU competition rules. The paper says that 'the assessment whether a certain sporting rule is compatible with EU competition law can only be made on a case-by-case basis.' Jonathan Hill, the head of Uefa's Brussels office, argues (somewhat implausibly) that the application of EU competition law to sport could lead to a situation where players could challenge being given red cards or teams appealed against being relegated because of the restrictions of competition. UEFA is also unhappy that the Commission seems to be supporting the principle of individual sale of television broadcasting rights rather than collective sales, which redirect proceeds back to smaller clubs and the amateur game. The paper also says that the Commission will look very hard at rules requiring teams to field a number of home-grown players to see if this discriminates on grounds of nationality.
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