UK Presidency Initiative on European Football –
Context and Terms of Reference
Context
Football is an activity like no other. It is arguably the only truly global
game and its influence cuts across economic, political, social and cultural
spheres. In order to preserve the special nature of football a delicate balance
between these different elements is needed to ensure sport’s traditions,
such as the link with local communities, can be maintained while embracing the
modern nature of the game.
With its increasing revenues, football is often seen as ‘big
business’, and is, therefore, often subject to commercial governance
rules which do not necessarily take into account the wider role that it plays
in the community. However, it is clear across EU Member States that sport, and
particularly football, is more than just a business. Football can play a
significant role in helping to deliver wider public agendas, including
improving social inclusion, community cohesion, increasing participation and
healthy lifestyles.
The EU has currently no direct competence to develop a sports policy, but
particular aspects of sport are often subject to the full application of the EU
legal framework. Football has been involved in this situation on many
occasions. However, the special nature of sport is recognised in the
“Nice Declaration on the Specific Characteristics of Sport" (Annex
IV of the Presidency Conclusions for the Nice European Council, December 2000).
The European Council stated 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".
After dialogue between EU Sports Ministers, the IOC, FIFA, UEFA and other
sports bodies, a reference to sport was introduced to the Draft EU
Constitutional Treaty which, in its Article III-282, recognises the specific
characteristics of sport.
It is for the football authorities to run the game; however sports authorities,
EU institutions and Member State Governments should work together to ensure the
principles of the Nice Declaration are upheld and supported. To this end, under
the UK Presidency, Richard Caborn called a meeting of the European Sport
Ministers representing the “big” football nations and relevant
football bodies to discuss how best to implement the Nice Declaration in
football.
The meeting explored how the principles in the Nice Declaration relating to the
special characteristics of sport can best be put into effect by the football
authorities, the EU institutions and the member states so as to ensure that its
social and cultural role is respected and nurtured. By identifying key issues
in the game that either support or undermine these principles, the football
authorities can ensure that football’s special characteristics are upheld
and improved for the good of the game itself and, also, for the communities of
each member state.
In particular, with reference to the Nice Declaration, it is generally
considered that, in European football:
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special attention has to be paid to corporate and social governance
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grassroots football plays a crucial role in social inclusion, in the fight
against discrimination, in the development of a healthy lifestyle and the
delivery of other key components of public policy
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central marketing (collective selling) of rights by the football authorities at
European level is essential to ensure that solidarity nurtures the different
levels of the pyramid, not least the grassroots
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UEFA’s Club Licensing System is an important step in establishing good
corporate governance, financial transparency and stability, and minimum
standards in European football
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there are a range of problems – such as doping, corruption, racism,
illegal gambling, money-laundering and other activities detrimental to the
sport – where only a holistic approach between football and the EU and
national authorities will be truly effective
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the central role of the football authorities is to independently govern the
sport, whilst taking into account the views of the different stakeholders and
working in harmony with the EU institutions and the member states
The meeting discussed and took stock of existing work on European Football. The
conclusions of this debate outlined the need for a report to be made, into how
the football authorities, the EU institutions and the member states can best
implement the Nice Declaration and address key issues of the corporate and
social governance of football affecting the European game.
The report, while focusing on European Football, will provide analysis and
recommendations that will be made available to the “FIFA Task Force For
the Good of the Game”, commissioned by the FIFA World Congress in
Marrakech (September 2005), and acknowledge that any report findings may have
an important input into this Task Force and its recommendations for the rest of
the world football.
Furthermore, this report will also recognise the role of UEFA, and FIFA, in
governing European football respectively world football. Recommendations will
look to enhance current practices, where appropriate, and facilitate Member
State Governments, EU Institutions and football’s stakeholders working in
partnership with both FIFA and UEFA to build upon any current measures or
strategies being undertaken.
It is the intention of this report to consider and provide tangible
recommendations for possible implementation during future Presidencies. The
report recommendations will also be available in a timeframe for them to be
considered, by FIFA, for wider application in conjunction with recommendations
of FIFA’s Task Force For the Good of the Game which are due in 2006.
Timing
The report will be compiled by the end of May 2006, and the recommendations
will be presented back to the football authorities, the EU institutions and
member states.
Process
The meeting of the parties on the 8 th December has agreed:
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Independent review
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Reference Group composed of UEFA and UK Sports Minister (for the EU
Governments); observers: other sports ministers invited to Leipzig meeting, Urs
Linsi (FIFA)
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The terms of reference of the review are defined below
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The timeframe in which the review will be completed– by end of May 2006,
whilst some aspects may need further analysis
It is expected that the persons conducting the independent review will consult
with all the relevant national government ministers and departments, the EU,
football authorities, leagues and clubs, supporters organisations and other
stakeholders in the game.
Terms of Reference of the Independent European Football Report
Overall Aim:
To produce a report, independent of the Football Authorities, but commissioned
by UEFA, on how the European football authorities, EU institutions and
member states can best implement the Nice Declaration on European and national
level. The report will take into account relevant input from
UEFA’s high level strategy Vision Europe (April 2005). These
Terms of Reference have been drafted in consultation between UEFA and under the
UK Presidency, some of the EU member states. Whilst led by UEFA, the EU
ministers are part of the governance of the report. The “football
authorities” in Europe are UEFA for European/EU matters and UEFA’s
member associations for national matters.
In particular, the independent review will report on:
1) The “European sports model”: The central role of the
football authorities independently to govern the sport while respecting the
European and national legal frameworks and in harmony with the EU institutions
and member states
Aim:
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To make recommendations for how the EU institutions, member states and football
authorities can improve and support the central role of the football
authorities independently to govern all aspects of the sport, whilst taking
into account the views of the different stakeholders and working with the EU
institutions and the member states in respect of the underlying legal
framework. Whilst the autonomy of football and its responsibility for
self-regulation are recognised, it is also true that national Governments and
the EU adopts legislation which can affect football. There is a need for
coordination, dialogue and transparency.
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Within such recommendations it should in particular be described (i) which
rules or measures do clearly constitute “sports rules”, i.e. rules
which are for the competent football authority – enjoying a reasonable
amount of discretion - to decide and (ii) for which other rules or measures the
specificity of sport should be increasingly considered in the
interpretation/application of the relevant legislation. For this purpose it
will be of interest to provide an inventory of the existing interpretations by
the ECJ and by the Commission on the “specificity of sport” (with
concrete examples, particularly in the areas of free movement and competition
policy) and consequently to provide a definition.
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To define the various stakeholders within the “European sports
model”, as this applies to football, and to clarify their role and how
they relate to one another. In particular, to demonstrate the natural and
necessary role of the football authorities to care for the health and
development of the sport as a whole from the grassroots to the professional
elite.
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To demonstrate that the central role of football authorities, provided that
they govern democratically and transparently, can be consistent with economic
and/or legal concepts of a dominant position.
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To identify and analyse relevant examples from other sports that demonstrate
the risks of undermining or dismantling the central role of a governing body,
e.g. basketball, boxing.
2) The arrangements for overseeing the ownership/control and management of
clubs, and to recommend changes where appropriate.
Aim:
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For the football authorities to have effective arrangements to oversee the
identity and integrity of the person(s)/entity owning/controlling/managing
clubs, and to help prevent matters such as one person/entity influencing the
management or sporting performance of more than one club entering the same
competition.
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For the football authorities, EU institutions and member states to develop
effective arrangements to prevent money laundering, and to prevent unsuitable
owners/management being involved in the game.
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For the football authorities and member states to develop effective
arrangements to protect the game from match-fixing and other forms of
corruption.
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To examine the feasibility of UEFA, the EU institutions and the member states
launching a European-wide ‘supporters direct movement’ (a thriving
example of which exists in England) to improve the opportunity for supporters
to take part in the running of their professional club.
3) The level of expenditure in respect of players, considering the
financial (in)stability and concentration of wealth amongst clubs at both an
international and national level, and to recommend changes where appropriate.
Aim:
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To examine ways to enhance the football authorities’ current efforts to
encourage and support high standards of financial management, prudential
operation within budgets and corporate governance amongst the clubs and to help
achieve an appropriate level of competitive balance.
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To examine ways to support and encourage the education and training of young
players at clubs within the local community.
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To update the UEFA study on salary caps undertaken at the end of the 1990s to
take into account recent changes in the environment and re-examine the
feasibility of salary caps.
4) The arrangements by which the football authorities oversee
(i) the activity of agents and intermediaries in respect of both the
transfer of players’ registrations and player contract arrangements; and
(ii) the system of player registration and movement, and to recommend
changes as appropriate.
Aim:
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To explore ways for there to be effective and transparent arrangements to
oversee the activities of agents in respect of their dealings with clubs and
players, and to promote greater consistency between national regimes.
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To develop recommendations to ensure that there is a properly-functioning
system of player registration and movement at European and national levels,
recognising fundamental principles such as stability of and respect for
contracts, training compensation, sporting integrity of competitions,
protection of minors and solidarity.
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To propose measures to efficiently protect the minors and therefore to fight
against the “trafficking of young players”
5) The distribution of revenues generated within European football,
considering the financial (in)stability and concentration of wealth amongst
clubs, and to recommend changes where appropriate.
Aim:
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Acknowledging the validity of European football’s efforts to increase
revenues by effective conduct of its business - to encourage central marketing
(collective selling/mutualisation) and the consequent solidarity distributions
of part of the revenue from such activities on both European and national
levels, in so doing to help achieve an appropriate level of solidarity between
all levels and areas of football.
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To find ways for the EU institutions, member states and football authorities to
consider central marketing (collective selling/ mutualisation) and the
consequent solidarity distributions, and to work together to find ways to
ensure solidarity is enhanced
6) The role of the EU institutions, member states and football authorities
in respect of the provision of funding to generate opportunities for all people
to participate in football, considering the level of support from top-level
football to recreational football, and to recommend changes as appropriate.
Aim:
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For the football authorities to undertake an effective role in ensuring social
inclusion, integration and sustainable youth development as well as an
appropriate level of funding to support solidarity between the top-level and
recreational level of the game, and thereby encouraging participation for all
and to recommend measures that can be carried at EU and member states’
level to assist the football authorities to ensure financial solidarity within
the game.
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To examine the central role of national associations and national team football
as a primary source of funding for grassroots and recreational football
throughout their country, and to identify existing examples of best practice,
e.g. the UEFA-funded mini-pitches, which attempt to create new spaces for
youngsters to play football.
7) The role of the EU institutions, member states and football authorities
in respect of support and encouragement for investment in football stadia, with
a focus on security and safety.
Aim:
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For professional football matches to be played in stadia that are of sufficient
quality (to an agreed standard) to help ensure the safety and enjoyment of
spectators, and to examine ways in which the EU and member states, in
conjunction with the football authorities, can adopt a strong and effective
harmonised legal framework to deal with security threats caused by events such
as hooliganism and activities such as ticket touting.
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