WRITTEN QUESTION E-2523/01 by Freddy Blak (GUE/NGL) to the Commission. Infringement by FIFA of EU competition rules.
Date: 2001-09-19
Institutions: European Parliament, Provisional data
Subjects: competition law, fine, international organisation, professional ethics, professional sport, sports body

C 93 E/148

Official Journal of the European Communities

EN

18.4.2002

(2002/C 93 E/178)

WRITTEN QUESTION E-2523/01

by Freddy Blak (GUE/NGL) to the Commission

(19 September 2001)

Subject: Infringement by FIFA of EU competition rules

The Commission has previously ordered FIFA to amend its regulations on players and agents, in particular
to abolish the rules concerning the provision of a guarantee of CHF 200,000. This guarantee has now
been reduced to CHF 100,000 but has still not been abolished completely. There is also evidence that FIFA
threatens players and clubs that do not use FIFA agents with fines.

In addition, FIFA has offered the possibility of taking out an insurance policy instead of providing the CHF
100,000 guarantee, though the terms of the policy are such that only FIFA itself can settle disputes under
them.

Does the Commission intend to take action against FIFA once again for infringing EU competition rules?

Answer given by Mr Monti on behalf of the Commission

(26 October 2001)

As a result of the Commission’s intervention, the International Federation of Association Football (FIFA)
has adopted new regulations on players’ agents. The aim of these regulations is to protect football players
and clubs by ensuring that players’ agents are properly qualified for the job and comply with a code of
conduct. Recent incidents involving forged passports and irregularities in transfers of under-age players, in
which unscrupulous agents acted as intermediaries, confirm that this is a valid objective.

FIFA has accordingly introduced regulations providing for an exam for prospective players’ agents. The
successful candidates must then take out professional insurance and sign a code of conduct in order to
obtain a licence. Players and clubs are required to use licensed agents. The regulations provide for fines and
disciplinary measures to enforce this requirement.

On the specific point raised by the Honourable Member about insurance and the provision of a guarantee,
it should be noted that the regulations provide for two alternative ways of compensating players and clubs
for damages caused by an agent: professional insurance or a guarantee of CHF 100 000. The Commission
believes that taking out professional insurance is not an insurmountable barrier to becoming a professional
agent. Several insurance companies in the Community have already concluded such contracts with players’
agents.

Given that the provisions which were largely responsible for the restrictive effect of the old regulations,
such as the large bank guarantee and the un-transparent exam, have now been abolished, and given the
objective being pursued,
the new regulations are likely to be exempted under Article 81(3). The
Commission has therefore begun the procedure to reject the complaints which were at the origin of its
intervention.

(2002/C 93 E/179)

WRITTEN QUESTION E-2524/01

by Diemut Theato (PPE-DE) to the Council

(20 September 2001)

Subject: Detailed rules for the implementation of the Financial Regulation

Pursuant to Article 139 of the Financial Regulation, the Commission is to adopt implementing measures
for the Financial Regulation in consultation with the European Parliament and the Council.