92001E1137

WRITTEN QUESTION E-1137/01

by Christopher Heaton-Harris (PPE-DE) to the Commission

(10 April 2001)

Subject: European employment policy

The recent changes to the football transfer fees system state that professional football players now have different rights according to their age, with greater compensation being awarded for the transfer of players up to the age of 23.

How can the value of employees in terms of age be reconciled with other European employment legislation? Will it set a precedent for any other employment sectors?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(21 June 2001)

The Commission first reminds that the Court of Justice recognised in its Bsoman judgment that the aim of encouraging the recruitment and training of young players is legitimate and can justify an obstacle to the free movement of workers.

According to the general principles set out in the outcome of the discussions between the Commission and International Federation of Football Associations/Union of European Football Associations (FIFA/UEFA) on FIFA regulations on international football transfers, in the case of players aged under 23, a system of training compensation should be put in place to encourage and reward the training efforts of clubs, in particular small clubs.

The sum paid in that situation will specifically compensate for the training provided to young players. As this compensation is applied to a different situation, it cannot be regarded as being discriminatory.

Taking into account that this system aims to meet the specific needs of sport, it is not transposable to other industries.