91999E0563

WRITTEN QUESTION E-0563/99

by Roberta Angelilli (NI) to the Commission

(12 March 1999)

Subject: Reorganization of CONI (the Italian National Olympic Committee) and protecting jobs

On 29 January 1999 the Italian cabinet considered a draft legislative decree on reorganizing the Italian National Olympic Committee. The decree provides for a form of reoganization which really amounts to wholesale privatization of the structures of CONI, hiving it off from the various sports federations. This could put many jobs at risk, as well as seriously jeopardizing the effective running of the organization.

Moreover, the privatization of these structures would not result in any less cost to the public purse; it would simply mean that the lucrative revenue from competitions and lotteries related to sporting activities (such as the football pools or other competitions) would be transferred to private individuals.

Can the Commission state:

1. whether it considers that the wholesale privatization of CONI and the federations should at least take place more gradually, with particular attention being paid to safeguarding jobs;

2. whether the privatization process might run counter to the "European Sports Charter" adopted in Rhodes in 1992 at the VIIth Conference of European Sports Ministers;

3. whether such privatization might deny the poorer members of society the right to practise sport, given the lack of public structures managed by bodies other than CONI;

4. how it views this matter overall?

Answer given by Mr Oreja on behalf of the Commission

(5 May 1999)

It is for the Italian Government to reply to the question put by the Honourable Member.

However, since the reorganisation of the Italian National Olympic Committee involves privatisation, it comes within the scope of Directive 77/187/EEC(1) relating to the safeguarding of employees' rights in the event of transfers of undertakings. This Directive requires the transferee to maintain the same working conditions as those prevailing under the transferor.

Within the meaning of the Directive, the transfer of an undertaking does not in itself constitute grounds for dismissal by the transferor or the transferee (Article 4(1)), but this provision does not stand in the way of dismissals that may take place for economic, technical or organisational reasons entailing changes in the work-force.

Under these circumstances, it is the national law transposing Directive 77/187/EEC, as interpreted by the European Court of Justice, which determines the legal consequences of this case.

(1) OJ L 61, 5.3.1977.