WRITTEN QUESTION P-4077/00 by Mario Mantovani (PPE-DE) to the Commission. Football transfers.
Date: 2000-12-20
Institutions: European Parliament, Provisional data
Subjects: application of EU law, competition law, free movement of workers, professional sport

19.6.2001

EN

Official Journal of the European Communities

C 174 E/229

(2001/C 174 E/245)

WRITTEN QUESTION P-4077/00

by Mario Mantovani (PPE-DE) to the Commission

(20 December 2000)

Subject: Football transfers

In 1998 the Commission condemned the football transfer system in force in the EU on the grounds that it
breached Community rules on the free movement of persons and on competition.

The Commission asked UEFA and FIFA, as well as the main associations and clubs concerned (professional
football associations, European league committees, etc.) to put forward proposals.

On 31 October FIFA and UEFA put forward their proposals and undertook to negotiate a final settlement
of the question with the Commission by the end of the year to enable the Community Treaty provisions
on free movement of workers to accommodate the special requirements of the world of football, as laid
down also in the declaration on the specific characteristics of sport by the Nice European Council.

Commissioner Reding has already announced that she does not intend to dismantle the existing transfer
system and that the Commission is willing to respect the autonomy of professional football, by agreeing
that compensation should be paid for contracts and laying down rules limiting transfers to fixed periods.

While welcoming the fact that the Commission has recognised the problem and is trying to resolve it, it
must be said that this plan would nevertheless have serious drawbacks, since it would be likely to prompt
players and clubs to abuse the practice of cancelling contracts. In such cases, surely it would be wrong, for
example, for a player to move from one club to another solely on the basis of financial agreement?

This would have devastating effects not only on the world of football, but also on its role in the education
and development of young people. Think of the adverse effects, for example, of a constant merry-go-round
of transfers where players played for various different teams in the course of the same season. This
damaging practice would also be copied by players and clubs from the lower divisions. Will
the
Commission provide the latest details on the negotiations under way between the Commission and FIFA
and UEFA and on any progress made, bearing in mind that the practice of cancelling contracts could
become a dangerous instrument undermining the efforts to accommodate the specific characteristics of
football and the specific characteristics of sport in general, as recognised at the Nice European Council?

Will the Commission conclude the negotiations within the deadlines set and find a rapid solution to this
problem so as to avoid damaging football(cid:146)s institutions?

Answer given by Mrs Reding on behalf of the Commission

(29 January 2001)

The issue of transfers is currently the subject of a procedure before the Commission under Community
competition law. As the Commission must observe the rules of confidentiality governing this type of
procedure in order to respect the rights of the parties directly concerned, it cannot provide the Honourable
Member with the information requested.

Nevertheless, the Commission would like to draw the Honourable Member(cid:146)s attention to the following
general principles to help to clarify the approach taken.

Firstly, the Commission indicated its commitment to sport in the Helsinki report on sport which was
adopted in December 1999. The Commission is fully aware of the specific nature of sporting activity and,
in particular, of its social and educational role. At the same time, the Commission, as guardian of the EC
Treaty, is obliged to deal with the complaints which are referred to it. This is what happened in the case of
transfers, when the plaintiffs challenged the traditional rules of the International Federation of Association
Football (FIFA) on the basis of Community law relating to competition and the free movement of persons.
The Commission had to examine the provisions in question.

C 174 E/230

Official Journal of the European Communities

EN

19.6.2001

Secondly, the Commission does not wish to impose a transfer system on professional football, nor does it
have the power to do so. Its role is quite simply to ensure that the transfer system complies with
Community law. Subject to this, the Commission respects the sporting world(cid:146)s autonomy in drawing up its
own rules.

Finally, the Commission hopes that the solution reached is not only in compliance with Community law,
but also in the best interests of football and all those involved in it.

With this in mind, the Commission is currently analysing the proposals received on 31 October 2000 on
reforming the transfer system. The areas under discussion include the procedures for terminating contracts.
The Commission believes that in this as in many other areas it is important to reconcile the needs specific
to the organisation of sporting competitions with respect for the basic principles of Community law.

(2001/C 174 E/246)

WRITTEN QUESTION E-4080/00

by Ioannis Souladakis (PSE) to the Commission

(10 January 2001)

Subject: Cooperation agreements with the countries of Central Asia

Despite the hopes of economic and social development prevalent among the countries of Central Asia after
the dissolution of the Soviet Union, today, ten years after becoming independent, these countries are facing
a profound crisis with no solution in sight. Recent reports in the New York Times point to the adverse
trend of economic indicators for these countries, a rise in corruption and a lack of investment leading to
high unemployment and poverty for large sections of society. Some years ago the European Union
concluded cooperation agreements with the five countries of Central Asia (Kazakhstan, Turkmenistan,
Tajikistan, Uzbekistan and Kyrgyzstan) aimed at fostering the economic development of these countries.

Can the Commission say what progress has been made in implementing these agreements?

Does it consider that this initiative has contributed to the economic development of the countries of
Central Europe and, if so, to what extent?

take the view that

Does it
for promoting the
development of, and granting aid to, fledgling countries which it can use in future in other regions
where the interests of the EU are at stake?

these agreements have proved a successful model

Answer given by Mr Patten on behalf of the Commission

(20 February 2001)

The partnership and cooperation agreements (PCAs) with three Central Asian countries, Kazakhstan,
Kyrgyzstan and Uzbekistan, entered into force on 1 July 1999. The consultation bodies (cooperation
councils, cooperation committees and subcommittees, and parliamentary cooperation committees) pro-
vided for in these agreements have all been set up and have met one or more times in Europe or in the
countries concerned. Implementing mechanisms (secretariats) are now operational. The fourth agreement,
with Turkmenistan, has not yet been ratified so has not yet into entered into force. The interim agreement
with Turkmenistan is not yet operational either as the opinion of the national parliament has yet to be
formulated.

The countries of Central Asia attach great importance to relations with the EU. They always take an active
part in the meetings. Their delegations are led by top politicians (prime minister, deputy prime minister or
foreign affairs minister) and all government departments are involved in preparing the meetings, thus
making for an effective exchange of information between the parties. The countries of Central Asia are
very much interested in economic aspects (trade, foreign investment, outside assistance) as this enables