WRITTEN QUESTION P-3562/00 by Toine Manders (ELDR) to the Commission. Transfer system for professional football players.
Date: 2000-11-10
Institutions: European Parliament, Provisional data
Subjects: competition policy, contract, free movement of workers, indemnification, professional sport

C 163 E/164

Official Journal of the European Communities

EN

6.6.2001

Answer given by Mr Byrne on behalf of the Commission

(8 January 2001)

The Commission proposal to amend Council Directive 91/630/EEC of 19 November 1991, laying down
minimum standards for the protection of pigs, with a view to improving the welfare conditions of pigs is
almost finalized and will be submitted before the end of this year to the Council and to the Parliament.

The Commission proposal will address the following aspects: the rules for keeping sows in social groups,
separate areas adapted to the normal behaviour patterns of pigs, the proper enrichment of the environ-
ment and improvements in the quality of flooring surfaces.

Information available to the Commission confirms that in recent years five Member States have adopted
legislation for the protection of pigs providing additional measures than those required under Council
Directive 91/630/EEC.

(2001/C 163 E/185)

WRITTEN QUESTION P-3562/00

by Toine Manders (ELDR) to the Commission

(10 November 2000)

Subject: Transfer system for professional football players

Is the Commission prepared to involve the European Parliament in the decision-making process concern-
ing the transfer system for professional football players?

Can the Commission say why the system of a contractually pre-determined transfer fee which is payable in
the event of non-compliance with the contract (cid:129) the system which is the norm in the world of
professional football (cid:129) is in conflict with European rules?

Answer given by Mr Monti on behalf of the Commission

(14 December 2000)

In the area of competition policy the Commission has always sought to consult Parliament and take its
advice into consideration. Consultation, however, is limited to legislative proposals and other texts of a
legal, political or otherwise general nature. In individual competition cases there has always been an
understanding between the Commission and Parliament that it would not discuss in Parliament details of
it on such cases. This understanding is based in particular on the sole
pending cases or consult
responsibility of the Commission for deciding competition cases as well as on the fact that many of the
details of such cases are confidential. In any event, the Commission Member with special responsibility for
competition policy regularly attends the competent committee of Parliament to discuss current competi-
tion policy issues.

With regard to transfers of football players, the Commission is of the opinion that the prior fixing between
the player and the club of an amount of compensation which must be paid in the event of a breach of
contract where the principle of such a clause and the amount payable are the result of free negotiations
between the player and the club is not contrary to Article 81 (former Article 85) of the EC Treaty. A
contractual clause of that type is not an agreement between or a decision by undertakings within the
meaning of that Article, which bans anti-competitive agreements and decisions and applies only to
agreements between or decisions by undertakings, that is to say, entities exercising an economic activity.
The system must also be assessed in the light of Article 39 (former Article 48) of the EC Treaty.