Local view for "http://purl.org/linkedpolitics/eu/plenary/2001-03-13-Speech-2-156"
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"en.20010313.12.2-156"2
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".
Madam President, you will recall that on 7 September 2000 I informed Parliament of the Commission’s position concerning the reform of FIFA rules governing international transfers.
The third point is the introduction of elements of stability into sporting competitions in order to ensure their equity and regularity.
These are the mechanisms intended to achieve this. Firstly, unilateral termination of a contract will be authorised only at the end of a season. This means that a club’s fans have some guarantee of seeing the same team play throughout the season, because this is the team that they have bought their season tickets to see, not another team, which may perhaps have lost its best players.
Secondly, the imposition of disciplinary measures on players and clubs who terminate their contracts during its first two seasons without just cause or valid reasons.
These principles are supported by other important points, such as fixed periods for transfers or the duration of contracts of between one and five years.
Ladies and gentlemen, in the course of our discussions, we met with FIFPRO, which represent the players. Some of their requests were met. For instance, FIFA rules will no longer prohibit players from going to court, but also a special Court of Arbitration will be set up, based on equal representation, which will be able to settle disputes concerning training fees, transfers and disciplinary measures. I attach particular importance to arbitration being independent and based on equal representation. The creation of an arbitration body of this kind to which matters can be referred by both players and clubs should resolve disputes fairly, quickly and efficiently. I should like to point out, too, that throughout this affair, the Commission has emphasised that the discussions between it, FIFA and the other interested parties in no way affect the compatibility of FIFA’s revised rules with national laws in force, and in particular with employment law. It is FIFA’s responsibility to ensure that the rules are applied in accordance with national legislation from which they cannot, of course, depart.
FIFA has announced that the principles thus agreed will be implemented by a revision of FIFA rules at its world congress in Buenos Aires in July. The Commission has urged FIFA to seek close dialogue with the other interested parties with a view to such implementation, most particularly, of course, the players.
In the Commission’s opinion, the discussions on transfers have clearly shown that dialogue at all levels is becoming a necessity and that all possible avenues for organising dialogue should be explored, including collective agreements at the European level. Indeed, Mrs Diamantopoulou offered her assistance in supporting ongoing dialogue at European level.
To conclude this statement I would remind you that, after the first two years, FIFA will draw up a report on the application of this system. We will then have quantitative and qualitative information from which we can learn.
In the meantime, I believe we must be very pleased with the outcome of these discussions, not, Madam President, that it was always very easy to arrive at an outcome. On more than one occasion, concluding a discussion was delayed due to the pressure brought to bear by some Heads of State and Government, which was considerable pressure, but pointless and, above all, harmful. Be that as it may, the Commission held its ground and was ultimately able to demonstrate that it is not necessary to amend the terms of the Treaty in order to respect the specific characteristics of sport; it therefore stood firm while keeping strictly to its own sphere of responsibility. As a result of this outcome, my fellow Commissioner, Mario Monti, will not need to propose that the Commission adopt a negative decision concerning FIFA transfer rules.
On that occasion, I announced the Commission’s intention to enter into discussions with FIFA and other interested parties, led by my fellow Commissioner, Mario Monti, and with the collaboration of Anna Diamantopoulou, in order to bring FIFA regulations into line with Community law with due regard for, firstly, the specific characteristics of sport and, secondly, the autonomy of sporting organisations.
Indeed, the Declaration on the specific characteristics of sport, adopted by the European Council in Nice in December 2000, fully supported this approach.
Today, following intense discussions between the Commission departments, FIFA and the other interested parties, I am pleased to be able to announce the result we have obtained. This outcome, Madam President, ladies and gentlemen, respects the principles which I have just outlined and to which we are all committed.
In this entire business, the Commission has frequently been accused of failing to understand sport or, worse still, of wishing to destabilise football. Yet the outcome of the discussions proves that such accusations are unfounded. Indeed, I believe that these discussions have provided a further opportunity to demonstrate that Community law and the specific characteristics of sport are perfectly compatible. I therefore see no need to amend Community law. In this instance, the Commission has shown itself to be sufficiently flexible to incorporate the specific characteristics of sport within existing texts.
The discussions have led to clear progress in at least three key areas. Firstly, a goal which the European Parliament has always sought, protecting young players moving within the European Union, guaranteeing them an appropriate general and sporting education. These principles will be included in a code of conduct drawn up by the football federations, and I attach special importance to this point since in my opinion it is far more effective to support the work of these young players rather than to impose restrictions on their movement, which would, in any case, not be compatible with the principle of freedom of movement.
Let us not forget that, in football, many are called but few are chosen, and not every player is destined to be a football star. We must therefore ensure that they are given vocational training as well as sports training. With these provisions the Commission hopes to send a clear message to all those young players who put a lot of effort into football: although they will not all make it at the professional level, they will all be treated with due consideration in human terms and in terms of their individual development.
The second component involves encouraging and compensating the effort made by clubs to train young people, thereby giving their sports activities a social dimension, which, moreover, is a characteristic of the European dimension of sport. In order to achieve this, FIFA has undertaken to introduce rules dealing with: firstly, compensation for training costs incurred up to the age of 23, on the basis of real costs, in line with the Court’s judgment in the Bosman case, and secondly, the creation of a solidarity fund which will be sustained by a 5% levy on each compensation payment for transfer. This fund is intended for the training clubs, who will thereby receive a share of the player’s added value.
It is now up to FIFA to apply these principles in detail. The Commission will, within its sphere of responsibility, ensure that the incorporation of these principles into FIFA’s rules is effectively achieved, and I am sure, Madam President, that the Commission will not be alone, but will be supported in this monitoring work by both the Sports Ministers and the Members of Parliaments who have made commitments at national level. We are convinced, then, that it is possible to find a balance between a player’s mobility and the necessary compensation of the training club within the limits laid down by the Court in the Bosman case."@en1
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