Europe could approve FIFA's foreign player's limit

source: The Guardian
date: Thursday 26 February 2009
editing: fcbtransfers.blogspot.com





Fifa's plans to limit the number of foreign players do not breach European Union rules, an independent report declared. The 6+5 rule has been overwhelmingly approved by 155 of the organisation's member nations, but dismissed as illegal by the European Commission and most EU governments because they say it amounts to discrimination at work and a restriction on the free movement of workers.

Now the Institute for European Affairs (Inea), commissioned by Fifa to study the issue, claims the idea of restricting foreign players in league games does not fall foul of EU rules on free movement of workers. The Inea chairman, Professor Jürgen Gramke insisted the report, although commissioned by Fifa, was entirely independent. "We took no instructions from Fifa. Inea accepted this commission on condition that our requirements of complete independence were met."

The report says that, under EU law, the "regulatory autonomy" of sporting associations is recognised and supported. "The key aim of the 6+5 rule in the view of the experts is the creation and assurance of sporting competition. The 6+5 rule does not impinge on the core area of the right to freedom of movement.”

Fifa endorsed the rule in May last year, but six months later EU ministers said it clearly broke EU rules. The 6+5 rule established that at the start of each match, a club must field at least six players who would be eligible for the national team of the country of the club. But there would be no limit on substitutes and no limit on the number of non-national players that clubs can sign.

Today's report says that, at worst, the 6+5 rule could constitute "indirect discrimination" because "it is not directly based on the nationality of professional players". Instead it "merely considers entitlement to play for the national team concerned, and any possible indirect discrimination can be defended on the basis of compelling reasons of general interest".

Quota systems and rules limiting foreign players in football were outlawed in the Bosman case in 1995. The Bosman judgment had a dramatic effect on football, said today's report, opening up the use of foreign players to such a degree that up to 56% of national league players are now not eligible to play for the national team of the league in which they play. In addition, up to half of the foreign players are non-European. This development discourages young indigenous footballing talent, because clubs can recruit fully trained players from elsewhere, often cheaper, the report points out.

It says the central aim of the 6+5 rule is to generate and safeguard sporting competition. Gramke said the report's conclusions justifying the compatibility of the 6+5 rule with EU law also applied to other team sports such as handball, basketball and ice hockey.

The findings will bolster Fifa's challenge to the European Commission and governments to recognise the 6+5 rule. A Fifa spokesman said the report would form the basis of fresh talks with commission officials, including the employment commissioner, Vladimir Spidla. The Fifa president, Sepp Blatter, is determined to see the 6+5 rule in place by the start of the 2012-13 season and the commission is currently equally determined to block him.

read the full and original article here


Editor's Notes:

Timetable for Implementation
1. 4+7 for 2010-201
2. 5+6 for 2011-2012
3. 6+5 for 2012-2013

The Bosman Ruling interprets Article 39 of the treaty of the European Community to mean that no institutional impediment be applied such that the free movement of persons belonging to the member states for the purpose of employment within the European Union is restricted or causes direct discrimination on the basis of nationality.

The Inea report sites the wording of the 6+5 rule which mentions eligibility to qualification for the national team of the respective league and terms it as “at most indirect discrimination”. Further it points out that Fifa is an autonomous federation formed with the fundamental freedom of association and this in principle justifies its right to restrict market freedoms within its domain.

Read another article on the issue:
Ian Lynam: FIFA's 6+5 Proposal


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