WRITTEN QUESTION E-0188/01

by Toine Manders (ELDR) to the Commission

(1 February 2001)

Subject: Young footballers and child labour

We have recently learned from the press that, calling on the services of football agents outside Europe who may or may not be reliable, many famous European football clubs have secured long-term commitments from large numbers of children, many of them very young, in return for unusually small payments. The same article indicates that, among those thousands of young people, many each year come to Europe to play football. In numerous instances they are suspected of coming with false European passports, whether or not with the complicity of the clubs for whom they are to play (e.g. Leonardo for Feijenoord in Rotterdam), because without such passports it would be difficult, if not impossible, for them to obtain work permits. If these young children prove successful on the football field, they are given employment contracts; if not, they are more or less abandoned to their fate.

I realise that national football federations have no way of doing anything about this, or are not empowered to do so.

1. Is the Commission aware of these practices?

2. Does the Commission agree that they contravene the European Convention on Human Rights and the ILO Convention?

3. Does the Commission agree that they contravene European competition rules and the free movement of workers, as rich clubs are evidently acting illegally or undesirably outside Europe in order to obtain employees within the internal market who are by European standards extremely cheap, while clubs which behave correctly are compelled to hire employees on the expensive European market?

4. Can the Commission do anything about these practices and if so, what? Will it take the measures available to it?

Answer given by Mrs Reding on behalf of the Commission

(26 March 2001)

The Honourable Member has raised several sensitive issues which have featured in the European press in recent months, i.e. the role and status of players' agents, commercial transactions involving young players, and false passports.

With regard to players' agents, proceedings based on competition rules are currently pending before the Commission. On this occasion, the International Federation of Association Football (FIFA) indicated that it wished to modify the organisation of the profession and to make it more ethical. As a result of these proceedings, FIFA rules on players' agents have been amended as of 1 January 2001. Some Member States have also chosen to introduce legislation placing greater restrictions on the activities of players' agents.

The Commission has recently had the opportunity to indicate its concerns regarding commercial transactions involving young players. It did so in the Helsinki Report on Sport(1) and in the European Sports Forum held in Lille on 26 and 27 October 2000, which included a workshop on the protection of young people.

With regard to false passports, the Commission is monitoring the situation carefully. However, it should be noted that conditions governing the issue of passports, the recording of cases where false passports have been issued and the application of sanctions for false passports fall within the jurisdiction of the Member States.

All the issues raised by the Honourable Member are currently under discussion. In its Nice Declaration in December 2000(2), the European Council expressed its concern about commercial transactions targeting minors in sport, including those from third countries, inasmuch as they do not comply with existing labour legislation or endanger the health and welfare of young sportsmen and -women. It calls on sporting organisations and the Member States to investigate and monitor such practices and, where necessary, to consider appropriate measures. With this in mind, Member States must also ensure that the provisions of Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work(3) are observed.

(1) Report from the Commission to the European Council with a view to safeguarding current sports structures and maintaining the social function of sport within the Community framework Helsinki Report on Sport COM(1999) 644 final.

(2) Presidency Conclusions Nice European Council 7, 8 and 9 December 2000 Annex IV: Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies.

(3) OJ L 216, 20.8.1994.