HIGHLIGHTS – OCTOBER 2006

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Nov 8, 2006

1st Sport directors meeting conclusions of the Finnish EU Presidency

On 4-6 October 2006 the EU Sports Directors met in Naantali, Finland.
They underscored the key role of voluntary sports organisations and considered it important that the difference between voluntary non-profit sports organisations and profit-seeking business enterprises be taken into consideration in Community law. A working group chaired by the European Commission will broach the issue of “Sport and non-profit organisations in relation to Community law”.
From the point of view of the Sport directors health-enhancing physical activity over the whole lifespan should be integrated into different policy sectors by strengthening cross-sectoral cooperation both in the European Union institutions and in the EU Member States. They considered it important that account be taken of health-enhancing physical activity both in the White Paper on Sport and in a possible White Paper on Diet, Physical Activity and Health.
The EU Sport ministers will meet in Brussels on 27-28 November 2006.

2nd Meetings during the upcoming German Presidency

The next Sports Directors Meeting will be organised in Bonn, 1-2 February 2007, an Informal Sport Ministers Meeting in Stuttgart, 12-13 March 2007, and a Workshop on “Dual careers/compatibility of top-level sport with career and job” in Stuttgart, 4-6 May 2007.

3rd Gambling Proceedings against Austria, France and Italy for breaches of agreement

In October, the European Commission decided to examine national restrictions on gambling in Austria, France and Italy. It will verify whether the national measures are consistent with the EUs principle of the free movement of services under Article 49 of the Treaty on European Union and are necessary, proportionate and non-discriminatory. A similar verification was already carried out back in April 2006 of Denmark, Finland, Germany, Hungary, Italy, the Netherlands and Sweden.
The European Court of Justice ruled that restrictions on sport betting are justified on grounds of the general interest (e.g. consumer protection, combating addiction) if they contribute consistently and systematically to limiting gambling. However, a Member State cannot restrict gambling if at the same time it advertises state lotteries.

In Austria, national legislation is being examined which prohibits the advertising of casinos licensed and established in other Member States. In addition, the European Commission considers that the fact that casinos must act diligently so as to protect Austrian players from excessive gambling losses to be discriminatory.
In France, restrictions in the field of sports betting are being examined. Betting operators in other Member States are denied access to the French sport and horserace betting market on the Internet.
In Italy, like in France, enquiries have focused on restrictions on the cross-border marketing of betting services via the Internet. Italian legislation prohibits access to the websites of legitimate European betting operators, which could represent a disproportionate restriction.
The European Commission has acted in the field of lotteries in Poland. The European Commissioner formally calls upon Poland in a letter to cease the discriminatory taxation of foreign lotteries. Winnings from lotteries in other Member States are taxed more heavily in Poland than winnings from Polish lotteries. This higher taxation of winnings represents a restriction on the free movement of services within the EU.

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