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Committee News Release
CEUR 025/2000 Tuesday 24 October, 2000
 

EUROPEAN COMMITTEE PUBLISHES FOOTBALL TRANSFER FEES REPORT

The Scottish Parliament’s European Committee has called on the EU to introduce a ‘special protocol’ to protect the future of Scotland and Europe’s smaller football clubs once the transfer system is overhauled.

Commenting on today’s Report on the Inquiry into Football Transfer Fees and the Position of the European Commission, committee convener Hugh Henry said:

"On the basis of the evidence presented to the Committee there would appear to be three options: to retain the status quo, adapt the status quo, or the complete abolition of transfer fees.

"The Committee are of the view that any solutions or models adopted should seek, as a matter or course, to minimise the impact on the Scottish game, whilst being consistent with Community law.

"We recognise the social dimension of football and that other sports could be affected by the changes being proposed. On the basis of evidence received, retention of the ‘status quo’ model seems unlikely. No-one seriously expects the system to remain as it is and that the Commission will suddenly decide to stop proceedings.

"As a consequence, the Committee favours the route of adaptation. Within this, we are calling upon the UEFA-FIFA Task Force and the European Commission to investigate and favour a new protocol which replaces transfer fees with compensation fees, safeguards and rewards investment by clubs in youth development, introduces transfer windows and looks at a better distribution of monies within the game.

"The Committee very much regrets the fact that the situation has got this far and the uncertainty that this has caused. We recognise that in the main this is the fault of FIFA for choosing to ignore the ECJ judgement and the threat by the Commission to apply the competition rules in the hope it would all go away".

Amongst the Committee’s key conclusions and recommendations are:

Special Protocol to the Treaty

  • fully supports the view that such a protocol be adopted
  • calls upon the European Commission to sketch out what this might look like and how it can be achieved, in conjunction with the UEFA-FIFA Task Force
  • recognises that other bodies, such as the Member States’ governments themselves, have a role in supporting the protocol.

Timing

  • recommends that the UEFA-FIFA Task Force should be asked to bring forward its ideas by the end of October 2000, but that after that there should be an extended period of dialogue to flesh out the new system and the legalities
  • concludes that any new system should have a 3 to 5 year transition period to allow clubs to adapt and invest in youth development (e.g. academies)
  • recommends that the European Commission should be asked, in conjunction with the football bodies, to review the new system after 3 to 5 years of operation

For the Scottish Executive

  • calls upon the Executive bring forward plans and ideas for the possible use of public monies to support football academies and football partnerships etc., and that it specifically looks at the implications of the proposed changes to the current system on these initiatives

BACKGROUND NOTES

The term ‘special protocol’ refers to the Treaty. Protocols are legally binding and must be applied in conjunction with the Treaty provisions to which they relate. A special protocol in this case would recognise the specificity of football and/or sports and have more of a legal standing than the Declaration on Sport annexed to the Amsterdam Treaty.

The ECJ is the European Court of Justice, based in Luxembourg

The committee’s membership is as follows:

Dennis Canavan, Bruce Crawford, Winnie Ewing, Hugh Henry (convener), Sylvia Jackson, Cathy Jamieson (deputy convener), Margo MacDonald, Maureen Macmillan, David Mundell, Irene Oldfather, Tavish Scott, Ben Wallace and Allan Wilson.

 

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