WRITTEN QUESTION E-2524/01 by Diemut Theato (PPE-DE) to the Council. Detailed rules for the implementation of the Financial Regulation.
Date: 2001-09-20
Institutions: European Parliament, Provisional data
Subjects: financial control, financial regulation, general budget (EU), management audit

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.

18.4.2002

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Official Journal of the European Communities

C 93 E/149

On 21 August 2001, the Commission adopted Regulation (EC) No 1687/2001 (1) amending the detailed
rules implementing the Financial Regulation. The majority of the amendments called for by Parliament at
its sitting of 15 May 2001 to the Commission’s original proposal (2) were not incorporated.

How does the Council view the fact that the Commission did not attempt to seek an agreement

1.
between Parliament, the Council and itself on the amendments to be made?

2.

How does the Council view that fact that the Commission:

(a) did not incorporate Parliament’s proposals for the safeguarding and strengthening of the internal
auditor’s independence (in particular as regards a right to bring action similar to that of the financial
controller)?

(b) went back on its original proposal and failed to include provisions pursuant to which the internal
auditor, in addition to evaluating the effectiveness of management and control systems, was also to
have verified the regularity of financial operations and the soundness of financial management?

(c) has not acted on new Article 24a of the Financial Regulation (3), under which implementing measures
are to be laid down pursuant to Article 139 on the verification, by means of internal audit, of the
regularity of budget management?

(1) OJ L 228, 24.8.2001, p. 8.
(2) SEC(2000) 1890.
(3) OJ L 111, 20.4.2001, p. 2.

Reply

(10 December 2001)

The Council would point out that, under Article 139 of the Financial Regulation, the opinions of the
European Parliament and of the Council required for adoption by the Commission of implementing rules
for this Regulation are of an advisory nature: agreement between the three institutions is not required by
that article.

It notes that in the final text of Regulation (EC) No 1687/2001, which it adopted on 21 August 2001 (1),
the Commission has taken account of the opinions delivered by the European Parliament and the Council
respectively on the draft Regulation on implementing measures which was submitted to the Council on
17 November 2000. It is not for the Council to comment on the final text of the Regulation, which the
Commission adopted under its own responsibility.

(1) OJ L 228, 24.8.2001, p. 8.

(2002/C 93 E/180)

WRITTEN QUESTION E-2525/01

by Antonios Trakatellis (PPE-DE) and Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Council

(20 September 2001)

Subject: Monitoring procedures regarding naturalisation and acquisition of Greek nationality

Concerning the reply by Commissioner K. Vitorino (E-1438/01 (1)) concerning migratory trends in Greece,
while the Greek authorities indicated that the total number of migrants was 22 078 in 1997 and 12 630 in
1998 and that Greek citizenship had been acquired by 930 people in 1997 and 807 in 1998, they did not
provide figures for 1999 and 2000. Moreover, the information provided does not concur with that
provided by the Greek Foreign Ministry regarding the completion of repatriation formalities, indicating
that Greek citizenship was awarded to 135 000 ethnic Greeks repatriated from the former Soviet Union.

Current Greek framework policy regarding migrants is based on Greek law 2790/2000 concerning the
reinstatement of repatriated Greeks from the former Soviet Union, laying down fast-track procedures for
the acquisition of Greek citizenship, and law 2910/2001 laying down conditions for entry and residence in
Greek territory for foreign nationals and acquisition of Greek citizenship through naturalisation.