UEFA rule on 'home-grown players': compatibility with the principle of free movement of persons
The European Commission has published an independent study on the 'home-grown players' rule adopted by UEFA. This rule
requires clubs participating in the Champions League and the UEFA Cup to have a minimum number of 'home-grown players'
in their squads.
Compared with the '6+5' plan proposed by FIFA, which is incompatible with EU law, the Commission considers that UEFA has
opted for an approach which seems to comply with the principle of free movement of workers while promoting the training
of young European players.
The Commission also notes that the measures are designed to support the promotion and protection of quality training for
young footballers in the EU. This study had been announced in the White Paper on Sport in July 2007 [1].
The results of the independent study on UEFA's 'home-grown players' rule are part of a broader independent study on the
training of young sportsmen and sportswomen in Europe, which has been produced for the Commission and will be published
in June. These results provide additional material for assessing the UEFA rule's compatibility with the provisions of
the Treaty on freedom of movement for persons.
Vladimir Špidla, Member of the European Commission responsible for employment, social affairs and equal opportunities,
today declared that 'Compared with the intentions announced by FIFA to impose the so-called '6+5' rule, which is
directly discriminatory and therefore incompatible with EU law, the 'home-grown players' rule proposed by UEFA seems to
me to be proportionate and to comply with the principle of free movement of workers'.
Ján Figel', European Commissioner in charge of education, training, culture and youth, has stated that 'Measures which
require the top European clubs to preserve quality training structures seem to me to be necessary. The UEFA rules thus
avoid the risk of professional football clubs abandoning training structures.'
According to Action 9 of the Pierre de Coubertin Action Plan, part of the White Paper on Sport, 'Rules requiring that
teams include a certain quota of 'home-grown players' could be accepted as being compatible with the Treaty provisions
on free movement of persons if they do not lead to any direct discrimination based on nationality and if possible
indirect discrimination effects resulting from them can be justified as being proportionate to a legitimate objective
pursued, such as enhancing and protecting the training and development of talented young players'. This approach
received the support of the European Parliament in its recent Resolution on the White Paper on Sport [2].
'Home-grown players' are defined by UEFA as players who, regardless of their nationality or age, have been trained by
their club or by another club in the national association for at least three years between the age of 15 and 21. The
UEFA rule does not contain any nationality conditions. It also applies in the same way to all players and all clubs
participating in competitions organised by UEFA.
Although it is difficult at the moment to state with any certainty that the 'home-grown players' rule will lead to
indirect discrimination on the basis of nationality, the potential risk of this cannot be discounted, as young players
attending a training centre at a club in a Member State tend to be from that Member State rather than from other EU
countries.
Nevertheless, the objectives underlying UEFA's 'home-grown players' rule, namely promoting training for young players
and consolidating the balance of competitions, seem to be legitimate objectives of general interest, as they are
inherent to sporting activity.
Since the rules adopted by UEFA will be implemented gradually in successive stages (list A to include four 'home-grown
players' out of 25 for the 2006/07 season and eight out of 25 as from the 2008/09 season), their practical effects will
not be totally clear for a number of years.
Therefore, in order to be able to assess the implications of the UEFA rule in terms of the principle of free movement of
workers, the Commission will closely monitor its implementation and undertake a further analysis of its consequences by
2012.
The independent study on UEFA's 'home-grown players' rule and the White Paper on Sport are available on the website:
http://ec.europa.eu/sport/index_en.html
Free movement of workers:
http://ec.europa.eu/employment_social/free_movement/sports_en.htm
[1] White Paper on Sport of 11 July 2007 (COM(2007) 391).
[2] Resolution on the White Paper on Sport -- 2007/2261(INI).
ENDS