Brussels, 07/10/2008 (Agence Europe) - The specific nature of sport and of football in particular requires an overall approach and not just an economic approach to application of European legislation. It is therefore necessary to reflect today upon the notion of “sporting exception” as one might speak of “cultural exception”. This, in essence, was what Joseph Blatter, President of FIFA (Fédération internationale de football association), said on Monday 6 October when speaking to the EP committee on education and culture on the “6+5” rule adopted by FIFA during its congress in Sydney in May this year. The “6+5” rule basically implies that a club team must start a match with at least six players on the pitch that would be eligible for the national team of the country in which the club is domiciled. It is, however, in total contradiction to European rules on the free movement of persons, the internal market and competition.
Behind this “6+5” formula lies the whole philosophy of football, namely that it should identify for its supporters the national identity of players, give balance to teams, and a respectful attitude towards the players and especially towards youth players. More generally, football is a medium for educational and cultural values and social integration, Mr Blatter stressed. This, however, is under threat and clubs are currently being bought up by foreign billionaires who have few or no scruples but who are simply attracted to the economic wealth to be had without a concern for the future of young players left on the scrapheap when they do not “make it”. This situation is serious as it completely demotivates young players, explained the FIFA president who takes the view that “clubs must be organised and financed in the countries where games are played”. Speaking of player transfers, Mr Blatter deplored, moreover, the impotence of national clubs who see their best elements, in which they have invested both time and money, bought up for huge amounts. On behalf of all sports federations that support the “6+5” rule, Mr Blatter called on the European institutions to consider the specific nature of sport and to “get back to the spirit of the game”. “We do not want to go against the legislation in force but we can perhaps amend it”, he said.
Ivo Belet (EPP-ED, Belgium), who in 2007 was rapporteur on the future of professional football, stressed that, although the European Parliament agreed “100% with the objectives” of the “6+5” rule, it was nonetheless necessary to “remain realistic in its implementation”, as this formula comes up against Community law. He said the formula is “not a definitive instrument but perhaps an intermediary stage”. He thus called on the French Presidency, which was in favour of the “sports exception” (i.e. sport does not simply obey market economy rules) to move forward on the dossier, in close cooperation with the commissioner responsible for sport, Jan Figel. Representing the European Commission, Pedro Velazquez-Fernandez, Deputy Head of the Sports Unit at DG Education and Culture, categorically rejected the “6+5” rule which, he said, “poses a problem when it comes to the spirit of the treaty”. He nonetheless recognised the specific problems of the world of football and said that FIFA “is asking questions”. He invited Mr Blatter to continue dialogue with Mr Figel in order to reach a suitable wording together along the lines of the “home ground player” rule (Ed: i.e. players who, independently of their nationality or age, have been trained by their club or by another club of the national association, during at least three years between the age of 15 and 21). The Commission supports this rule adopted by the UEFA, making it compulsory for clubs taking part in the Champions League and in the UEFA Cup to include among their players a minimum number of “home ground players” as this is still compatible with the principle of the free movement of persons, he stressed. In their speeches, MEPs recognised the need for a change that takes the specific nature of football into account. One exception to this was Luis Francisco Herrero-Tejedor (EPP-ED, Spain), who supported a “blend of players”. He takes the view that football is a “market that self-regulates quite well” and that the success of a player is linked more to the club to which he belongs than to the country of origin. Manolis Mavrommatis (EPP-ED, Greece) regretted the fact that, in practice, it was difficult to apply the principles of the Commission's White Paper, given the problems of ratifying the Lisbon Treaty which, for the very first time, includes sport in the list coming under the Community scope of competence. Emine Bozkurt (PES, NL) felt that FIFA's approach somewhat neglected the economic dimension of sport while showing sensitivity to the problem of the transfer of young players. Christa Prets (PES, Austria) stressed that the fight against racism and nationalism in sport and in football in particular should remain principles to be upheld, and Christopher Heaton-Harris (EPP-ED, UK) said there is a positive aspect to the transfer of players, namely the possibility for them to have better training abroad. “It is a matter of excellence”, he said. (I.L./transl.jl)