WRITTEN QUESTION E-0031/01

by Bartho Pronk (PPE-DE) to the Commission

(18 January 2001)

Subject: Transfer system

Article 39 of the EC Treaty guarantees freedom of movement for employees. A debate has now been going on for some time in the world of football about the extent to which the free movement of employees applies in that area. It was originally announced that the Commission would be unveiling its vision of the transfer system at the end of October, not least in the light of the abovementioned freedom of movement for employees. So far, however, nothing has happened or only informal indications have been given.

The purpose of the following questions is to clarify this issue.

(a) Does the Commission acknowledge that the present football transfer system is an obstacle to the free movement of employees?

(b) If so, has it itself drawn up proposals to put an end to this situation? If not, why does it not acknowledge this?

(c) Does a compromise exist between Fifpro (players' trade union) and UEFA and FIFA? If so, what does this compromise consist of? If not, is there a prospect of a compromise?

(d) According to press reports, one of Commissioner Monti's main misgivings concerns the access to an independent civil judge after breach of contract. Article 47 of the Charter of Fundamental Rights of the EU grants everyone the right to an independent judge. To what extent is the Commission prepared to negotiate this freedom?

(e) According to the proposals announced so far, UEFA is to introduce a ban on transfers for players up to the age of 18 and a restricted system for players up to the age of approximately 24. Has the Commission considered that this may involve discrimination on the grounds of age?

(f) According to recent press reports, Commissioner Monti wants a clearer picture of the revenue that players generate for football clubs. Does the Commissioner share my view that this should not play any role since the free movement of employees should be the overriding concern at all times?

(g) The declaration on sport set out in the annexes to the Presidency conclusions from the Nice summit was keenly supportive of dialogue on the transfer system between sporting organisations, players' organisations and the Union. The last paragraph stated that any compromise must be subject to compliance with Community law. What consequences will this have for the negotiations? Is the Commission prepared to negotiate on the free movement of employees and other fundamental rights?

(h) Within what time-scale does it expect to introduce new rules for the transfer system?

Answer given by Mr Monti on behalf of the Commission

(20 March 2001)

On 5 March 2001, the Commission finalised discussions with the Presidents of FIFA and UEFA on international football transfers.

Following the discussions, President Blatter has submitted a document which sets out the principles for amendment of the present FIFA rules regarding international transfers, and has undertaken to modify those rules in accordance with these principles, in July 2001. There will therefore be new rules for the next football season. The general principles that will underpin FIFA's new rules are detailed in Press release IP/01/314. On the basis of President Blatter's undertakings, Commissioner Monti confirmed to him that he no longer has the intention to propose to the College that the Commission adopts a negative decision in the competition procedure that is open against FIFA as regards its international transfer rules, subject to taking proper account of the rights of the complainants in that case.

The Commission started its proceedings on the basis of complaints from players' representatives and clubs in 1997 and 1998 which argued that the FIFA rules were illegal because they deny the footballers the right to negotiate their way out of contracts. The Commission's objective since then has been to find a balance between players' fundamental right to free movement and the equally legitimate objective of integrity of sports competitions and the stability of championships.

The Commission had several meetings with the players union, FIFPro, in the course of the recent discussions.

It is of particular note in this regard that:

- FIFA rules will no longer prohibit players from taking contractual disputes to national courts, and there will be no FIFA rule (and thereby control) as regards agreed international transfers;

- A voluntary dispute resolution mechanism is envisaged, with members chosen in equal numbers by players and clubs and with an independent chairman, that can review matters related to, for example, breach of contract, sports sanctions, and the level of training compensation fees;

- FIFA has agreed that after two seasons' experience there will be a general review of the new arrangements, and that it will review the findings with the various members of the football family.

The Commission also invited FIFA and UEFA to encourage clubs to start or pursue the social dialogue with representative bodies of football players, and the Commission's assistance to social dialogue at European level has been offered.