WRITTEN QUESTION P-2949/00 by Toine Manders (ELDR) to the Commission. Transfer fees for professional sportsmen.
Date: 2000-09-11
Institutions: European Parliament, Provisional data
Subjects: free movement of workers, infringement of EU law, remuneration of work, severance pay, sport, sports body, termination of a contract

C 113 E/220

Official Journal of the European Communities

EN

18.4.2001

The Commission will nevertheless continue to monitor the implementation of the European social fund
(ESF) programmes in Greece, including those operated by OEEK, and will not hesitate to launch all the
relevant controls where necessary.

In the new programming period 2000-2006, the Commission will continue to support some of OEEK(cid:146)s
activities and will pay particular attention to the improvement of the quality of the services offered and
their linkage with labour market needs.

(2001/C 113 E/238)

WRITTEN QUESTION P-2949/00

by Toine Manders (ELDR) to the Commission

(11 September 2000)

Subject: Transfer fees for professional sportsmen

In the Bosman ruling, the European Court of Justice ruled that the principle of free movement of workers
also applies to professional sportsmen. As a result of that ruling, transfer fees cannot be required in respect
of a sportsman who wishes to change his employer after his contract has ended. We fully respect the
Court(cid:146)s ruling.

It has come to our attention that the European Commission is now seeking to devise new rules, based on
employment legislation, to cover the situation created by the Bosman ruling. According to employment
legislation, employer and employee agree, when concluding a contract, on the amount of compensation to
be paid, should the contact be terminated prematurely. In our opinion, that arrangement does not breach
the terms of the Bosman ruling since it forms part of the contractual freedom of the two parties.
Moreover, such contracts are concluded voluntarily and after consultation of legal experts. We feel that a
ban on this system based on employment legislation is premature and currently unnecessary, all the more
so since contracts cannot be ended unilaterally by the employer on the grounds of poor performance.

The number of sportsmen in respect of whom large transfer fees are being paid, is very limited. A ban on
the system based on employment legislation will, above all, adversely affect the employment contracts and
salaries of sportsmen who are less in demand in the transfer market. Their salaries depend directly on the
transfer fees received in respect of top sportsmen who break their contract.

We are planning to organise a hearing with representatives of several national sports associations during
the forthcoming part-session in October. We would greatly appreciate it if the Commissioner responsible
would attend that hearing.

1.
Is the Commission willing to postpone its decision on the admissibility/legality of transfer fees on the
early termination of employment contracts until more information is available as to the consequences
thereof?

Is the Commission willing to undertake more detailed studies into the consequences of its planned

2.
policy on transfer fees on termination of employment contracts?

Answer given by Mr Monti on behalf of the Commission

(18 October 2000)

It is not the Commission(cid:146)s task to devise new rules for football. While it respects the regulatory power of
sports organisations, it is required to ensure that the rules they adopt comply with Community legislation.

The Commission has received several complaints concerning the transfer rules of
the International
Federation of Association Football (FIFA) and alleging breaches of Community legislation on free move-
ment of workers and competition. Examination of the complaints has resulted in proceedings being
brought against FIFA.

18.4.2001

EN

Official Journal of the European Communities

C 113 E/221

The proceedings initiated by the Commission in no way relate to transfers carried out in accordance with
labour legislation.

They focus on FIFA(cid:146)s transfer rules in so far as these impose on players and clubs obligations not provided
for either in the contracts concluded by them or in the legislation applicable to those contracts.

On 31 August FIFA acknowledged publicly that its rules on international transfers would have to be
adapted and brought into line with Community legislation. It announced the setting up of a task force to
study the matter and presented to the Commission the ideas that had come out of the task force(cid:146)s first
meeting. The representatives of the task force, which is charged with drawing up concrete proposals, met
the Commissioners for Competition and for Education and Culture and undertook to present concrete
proposals by 31 October at the latest.

While restating its willingness to help the sports organisations find a solution compatible with Community
legislation, the Commission hopes to bring the matter to a swift conclusion. Whether it takes a favourable
or unfavourable view will depend on the proposals and justification put forward by FIFA. In determining
whether these proposals are compatible with the Treaty, the Commission will take into account the
specific characteristics of the sector, and in particular the need to reward in an objective manner the clubs
that train young players while respecting the latter(cid:146)s rights and to ensure the degree of solidarity between
large and small clubs that is essential if the competitive balance between them is to be maintained.

(2001/C 113 E/239)

WRITTEN QUESTION P-2951/00

by Karl-Heinz Florenz (PPE-DE) to the Commission

Subject: EU financing of the Odra 2006 Programme in Poland

(12 September 2000)

The Polish Parliament will vote in September on the financing of the (cid:145)Programme for the Odra-2006(cid:146), a
river engineering project which would involve constructing two major new dams and major works for
increased navigation in the Odra River. Concerns have been expressed by environmental groups in Poland
and Germany that no Environmental Impact Assessment has been undertaken to compare alternative
options, that there has been no public consultation on the options available and that vital technical studies
still remain incomplete. There are further concerns that the Programme does not include any direct plans
for nature conservation in the Odra valley, that several candidate Natura 2000 sites would be destroyed
and that the proposals ignore ecologically sound options to reduce flood risk.

Since 30 % of the total financing is stated as coming from EU funds, mainly for water-quality improve-
ments as an integral part of the Programme, can the Commission confirm that it has checked that the
Odra 2006 Programme is compatible with existing Community environmental
legislation and with
international agreements such as the Ramsar and Helsinki Conventions to which the EU is a party?

What problems would arise if, after Polish accession to the EU, the Odra 2006 Programme was found to
be in breach of Article 4 of the Framework Water Directive and of the provisions of the Habitats and Wild
Birds Directives?

Answer given by Mrs Wallstr(cid:246)m on behalf of the Commission

(13 October 2000)

The Commission is aware of the (cid:145)Programme for the Odra-2006(cid:146) and the proposal to construct two dams
on the river as well as a dam on the Vistula. It is also conscious of the high natural value of both the
German and Polish side of the Odra valley. This is reflected in the numerous projects launched by the
Community to protect valuable nature sites in this area.