92000E3562

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 concerning 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 the system which is the norm in the world of professional football 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 pending cases or consult it on such cases. This understanding is based in particular on the sole 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 competition 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.