博斯曼法案的英文版

ahbombom

On several occasions in the wake of the Bosman ruling the Commission has indicated that it firmly intends to use its powers to ensure that the principles spelled out in the Court's judgment are respected. On 19 January 1996 it formally notified FIFA and UEFA that it was launching an infringement procedure based on Article 85(1) of the EC Treaty and Article 53(1) of the Agreement on the European Economic Area (EEA) against the regulations which the Court had found incompatible with Article 48 of the Treaty.

The Commission's letter informed the two organizations that in the light of the Court's ruling in the Bosman case, their international transfer system (notified to the Commission on 28 July 1995) could not be granted exemption under Article 85(3) of the EC Treaty and Article 53(1) of the EEA Agreement. Similarly the restriction on the number of foreign players in national and international club competitions (known as the '3+2' rule)

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Transfer system at the end of the contract

1. Can a professional football player whose contract with a club has expired, play for another club as of 15/12/95 without his new club paying a transfer fee to his former club?

The Bosman decision affects players who are no longer under contract, and who are transferred from a club in one Member State of the EU or EEA to a club in another of one of the 18 countries on or after the 15th December 1995.

The Court's decision did not address the national transfer system within a E.U. - or EEA (European Economic Area) - member state, but FIFA and UEFA regulations as well as regulations of national associations must also comply with the competition rules of the Treaty. National transfer systems are, in principle, incompatible with these rules and, in particular, with Article 85.

2. When do transfer fees still have to be paid in the 18 States concerned ?

Only when fees are due under an obligation that arose before 15 December 1995.

The Court decided that:

The direct effect of Article 48 of the EEC Treaty cannot be relied upon in support of claims relating to a fee in respect of transfer, training or development which has already been paid on, or is still payable under an obligation which arose before, the date of this judgment, in casu the 15/12/95, except by those who have brought court proceedings or raised an equivalent claim under the applicable national law before that date.

3. Does a transfer fee still have to be paid for players from third countries?

The Court did not address the compatibility of transfer fees for players from third countries with the Treaty. However, this situation of keeping the transfer system for players from third countries violates, in principle, Art. 85 of the Treaty, because this disposition must be enforced independently of the nationality of the player.

4. Can Ajax Amsterdam demand a transfer fee for Litmanen if he wants to play in, for example, the Japanese league, even if his contract has expired?

Yes, given that the Bosman judgment does not concern transfers from the EU to third countries and FIFA maintains its transfer rules set out in article 14 of FIFA regulations, Ajax Amsterdam is still entitled to demand a transfer fee for Jari Litmanen.

5. What is the situation after the 15/12/95 if a professional player whose contract with a club from his country has expired, plays for another club from his country (i.e. national transfers)?

For the moment he falls under the transfer rules of his country, which means:

for instance,

    * in Spain, payment of compensation may only be required if the player transferred is under 25 years of age and
    * in France if his former club is the one with whom he signed his first professional contract, as the case may be.
    * In Greece, although no compensation is explicitly payable by the new club, the contract between the club and the player may make the player's departure dependent on the payment of an amount which, according to UEFA, is in fact most commonly paid by the new club.

However, national transfer systems violate, in principle, Art. 85 of the Treaty.

6. Is it true that the Court's decision will destroy the small clubs and that they cannot live without the transfer system ?

It has been said that small clubs would be affected by the modification of the transfer system. But experience in various countries shows that the gains from the transfer system are not widespread or common among all small clubs but are in fact highly concentrated around a few clubs in each low division. Conclusion: some clubs focus heavily on this source of income and will have to find new sources of income. Other small clubs are already doing well anyway by concentrating on other sources of income.

The argument of UEFA that smaller clubs are totally dependent on the transfer system and the flow of money from the bigger clubs, can be questioned. Two examples:

   1. Three quarters of all fees paid by the UK Premier League clubs in 1992/93 went to other clubs in that same League and not to smaller clubs (Source: Football Trust 1992/93:37).
   2. Two thirds of the money spent on transfers of first division clubs in the UK were paid to other clubs in the first division, and 91 % of such expenditure was given to clubs in the top two divisions (Source: Football Trust 1991/92:37).

7. How can the clubs face the modification of the transfer system?

A new period with another system will result in clubs considering new innovative ways of generating funds.

Professional clubs need to focus on other sources of income. Sources can include:

    * television rights
    * advertising
    * gambling/lotteries
    * merchandising
    * gate receipts
    * Champions League, etc.....

8. Is it true that professional football cannot survive without the transfer system ?

No. It has been proven, for example in Spain, that professional football clubs can run their business without the transfer system. After a period of adaptation the Spanish national competition is flourishing like never before.

9. What were the positive effects of the abolition of the transfer system on, for example, baseball in the U.S. ?

When the transfer system was abolished in the United States this led among other things, to:

    * more solid finances in clubs,
    * better financial management in clubs,
    * higher salaries for the players,
    * more cooperation between clubs' representatives and player representatives,
    * new and innovative ways of generating additional funds.

10. Is there any proposal from UEFA-FIFA to examine alternative systems to the former transfer system and to draw up new rules?

The Commission reiterated its willingness to help the two organizations find an alternative to the international transfer system that would be compatible with the rules of the Treaty. UEFA set up a working party, including players' representatives, to try and find an alternative system and is keeping the Commission informed of its progress.

The Commission would welcome an alternative based on solidarity between the clubs and aimed at compensating especially the smaller clubs as regards the training of young players.

It would also be beneficial to encourage national associations to abolish their national transfer systems and replace them

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14. Is it possible that, for example, A.C. MILAN could play with 6 German players in its team as of 15/12/95 ?

Yes, because Article 48 of the EEC Treaty, according to the ruling of the Court, excludes the application of rules laid down by sporting associations under which (in matches in competitions which they organize) football clubs may field only a limited number of professional players who are nationals of other Member States.

15. Is it possible that a French professional football player could play for the Belgian national football team, or that an Italian plays for the German national team as of 15/12/95?

No, because the Court has held (see Case Dona v. Mantero - 1976) that the provisions of Community law concerning freedom of movement of persons and of provision of services do not exclude rules or practices justified on non-economic grounds which relate to the particular nature and context of certain matches, in casu matches between two national football teams.

But, such a restriction in the scope of the provisions in question must remain limited to its proper objective.

16. What is the meaning of the so-called "3 + 2" rule ?

   1. The number of non-selectable players which may appear on the referee's official report form for any given match shall not be restricted by the association's regulations to less than three. Non-selectable players are defined as players who are not eligible to play for the national representative team of the country of their club.
   2. In addition, two names of assimilated players may also appear on the referee's official report form if they have played for an uninterrupted period of five years in the country of the National Association concerned, three years of which spent in youth football. However, associations may apply more favourable rules if they so choose. A club may also contract as many non-selectable players as it wishes. Where a system of licensing is to be applied by national associations, all players concerned must be provided with an appropriate license.

The same limitation also applied to UEFA matches in competitions for club teams.

On 20 February 1996, UEFA sent out a press release on the "3 + 2" nationality rule saying that this rule, condemned by the European Court of Justice, no longer existed.

17. Why is it essential that a professional player has the right to play in a competition held in another Member State ?

Participation in competitions is the essential purpose of a professional player's activity. A rule which restricts this participation is obviously restricting the fundamental opportunities of employment of the player concerned and is incompatible with Article 48.


Consequences of the Bosman decision on football

18. Will the Court's decision influence the level of European football?

The quality of football may or may not rise considerably. Players can now move freely without being blocked by too high a transfer fee. They will consequently have the possibility of finding the best place and level for them to progress. This might offer more competition between players, and this is likely to be beneficial for the level of football. In some countries it has been discussed whether the transfer system has a negative impact on the top level football.

Some experts think that one of the main reasons for the decline of quality in certain countries during the last 3-4 years, is the fact that the transfer fees have been too high. For that reason the players have had less career possibilities. Due to the transfer system many big talents, who were playing in mid level clubs were prevented from moving and consequently from positive development in better clubs.

19. How can smaller clubs find additional funds?

The smaller clubs will also look for alternative sources. If the importance of the transfer system has been significant in one club, this club might focus more on the member fee of youngsters and amateurs. The size of a member fee varies a lot from country to country (for example: 1500 Bfr. for a youngster in a Belgian semi professional club and 6000 Bfr. in a club in Denmark). If the clubs in the future raise the membership fees from the youngsters and amateurs slightly, this will help to cover the training costs.

Smaller clubs could also focus more on local activities. Relations to local trade and cooperation or sponsor deals with local enterprises can be built up.

Club lotteries and Bingo activities are examples of sources of income which are well-known to many smaller Scandinavian clubs. This is also an area which can be developed in other smaller clubs around Europe.

20. What is the current position of players from non-EEA - or third - countries?

Generally speaking, they cannot rely on the Bosman judgment. However, players who are nationals of a country that has concluded an association agreement with the Community prohibiting discrimination on the grounds of nationality as compared with Community nationals and who are under contract in one of the Member States of the Union cannot be excluded from the team sent out on the field on the basis of their nationality.

At present, the countries which have concluded association agreements of this kind are currently: Morocco, Tunisia, Algeria, Turkey, Poland, Hungary, Slovakia, the Czech Republic, Bulgaria and Romania.

Moreover, a transfer system between EEA clubs, concerning players from third countries violates, in principle, Article 85 of the Treaty.

21. What is the difference between an amateur and a professional (or semi-professional) footballer?

The essential difference between an amateur footballer and a professional or-semi-professional player is that the professional earns a salary under contract and is thus regarded as an employee, and that his activity as a player is not to be regarded as purely marginal.

22. What are the consequences of the Bosman decision for sports other than football ?

It is clear that the Bosman decision has consequences not only for football but also for other sports where the player is an employee.

PK_FOREVER

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ahbombom

原帖由 PK_FOREVER 于 2007-12-2 11:49 AM 发表
果然是个好条款……

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rol

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vanis

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