'European Commission monitoring situation'

The European Commission will be getting in touch with the Maltese authorities with a view to monitoring the regulations on non-Maltese football players as adopted by the Malta FA before the advent of the 2004-2005 season.

Replying to a series of questions sent by The Times, the EU spokesman for Employment and Social Affairs revealed that the MFA rules on non-Maltese football players have been brought to the attention of the European Commission.

Question marks linger over the legitimacy of the MFA regulations on non-Maltese players vis-à-vis EU laws on employment and freedom of movement, particularly the rule which restricts the number of foreign players to three on the pitch at the same time.

Asked if the MFA regulations are in line with EU law, in particular as regards the free movement of persons, the EU spokesman said: "I cannot make a judgment at this stage. However, the technical services dealing with the issue are aware of the MFA rules and will, in the very near future, make contact with the Maltese authorities in order to examine the situation."

Before the new regulations on the registration and eligibility of non-Maltese players were unveiled on June 7, Joe Mifsud, the MFA president and a member of the UEFA Executive Committee, had emphasised "the need to minimise the impact Malta's accession to the European Union will have on Maltese football".

The new rules, approved by the Malta FA council which comprises representatives of the 49 clubs as well as member associations, place no limits on the number of EU players local clubs can register but stipulate that teams must have a minimum eight homegrown players in their first 11 for domestic matches.

Although the rules were ratified by the association's top forum, some clubs, led by Sliema Wanderers, and other local EU exponents, have opposed the MFA's controversial stance on non-Maltese players.

Other strict regulations barring clubs from having more than three non-Maltese players on their books if they opt to sign even one from a non-EU or EEA (European Economic Area) country, have increased the dissenting voices.

In spite of mounting calls for sport to be given special status in the context of EU regulations, the rules governing the freedom of movement of football players do not differ from those concerning any other workers.

"The EU position is that the treaty rules on free movement of workers apply to professional sportspeople as to any other worker," the EU spokesman for Employment and Social Affairs pointed out.

"This is the consequence of the Bosman judgment of the European Court of Justice. This judgment confirmed that in professional sporting contracts, rules relating to non-discrimination on the grounds of nationality must apply. This, in essence, means that no distinction can be made between a Maltese professional footballer and another with EU nationality."

Under the title 'The Bosman case, a turning point for European sport', The Magazine, the European Commission's official publication on sport, features an extensive article on Bosman's case and its ramifications on sport.

Jean-Marc Bosman is a former professional footballer who instituted a claim against the transfer rules and foreigner clauses laid down by UEFA and FIFA, "both of which restricted his freedom of movement to choose a place of work".

Bosman, whose proposed transfer from Belgians RFC Liege to French club US Dunkerque had collapsed at the time, argued that the rules were not in accordance with European competition laws and provisions on the free movement of workers. He also claimed that as he was earning his living as a footballer, he was a worker in the sense of Article 39 of the EC treaty.

On the basis of these protestations, Bosman requested that he be granted freedom to change clubs upon expiry of his contract and that his club should not be allowed to demand a transfer fee and thus block a transfer.

As a result of the ruling of the European Court of Justice on December 15, 1995, "no transfer fees can be demanded for a professional athlete wishing to move from one country to another within the EU, after the expiry of the contract. In addition, teams within the EU may play with an unlimited number of EU nationals".

In Maltese football, the EU guidelines on foreign players are clearly not being implemented to their fullest sense as clubs cannot field more than three non-Maltese players.

UEFA proposals

UEFA has also been studying ways to offset the effects the Bosman case has had on club football by introducing what they are calling 'homegrown player quotas'.

Last July, UEFA issued proposals for the inclusion of a minimum number of at least seven or eight homegrown players out of the 18 players on match sheets, and a limitation on the number of players in club squads to 25.

However, UEFA was also quick to stress that its proposals are not based on nationality-related issues, as it has no intention of violating EU legislation on, for example, the freedom of movement of labour across borders.

The EU spokesman on Employment and Social Affairs was not in a position to comment whether the MFA had consulted the Commission on these rules.

"How the Commission became aware of the issue and who has contacted who at this stage, is a detail of which I'm not aware. I can only repeat that the Commission services are aware of the MFA rules, and will be in touch with the Maltese authorities in order to be able to consider the matter further."

If the Commission finds the MFA rules in breach of EU laws, the Maltese authorities will be requested to rectify the anomaly but if an acceptable solution is not forthcoming, formal proceedings will be launched against the local government.

"In any circumstances where a violation of Community law has taken place, the Commission has the right to start what are called 'infringement proceedings' against the member state where the violation occurs. Before starting any formal proceedings, the Commission services will contact the national authorities concerned with a view of trying to find a solution without recourse to the European legal process, which if taken to its conclusion, could result in a case before the European Court of Justice."

In the extreme case where a member state is found guilty of violating Community law by the European Court of Justice (ECJ), the authorities concerned may incur fines if they fail to amend the contentious laws.

"If the ECJ find that the Commission analysis (on the violation of Community law) is correct, the Member State must clearly change the contentious laws. If it does not do so, it runs the risk of fines being imposed by the ECJ," the EU spokesman added.

MFA regulations on non-Maltese players at a glance...

¤ Restrictions have been lifted on the number of EU, EEA players Maltese clubs can register.

¤ Clubs can sign up to three players from countries outside the EU and EEA but all their other registered players must be eligible to play for Malta.

¤ The right to sign an unlimited number of EU, EEA players will no longer apply if clubs give contracts to players from regions outside the EU and/or EEA.

¤ A minimum of eight players in the starting line-up of a senior team should have been registered with the MFA and the club member or a Gozo FA club for the past three years.

¤ Transfer compensation regulations, according to Malta FA parameters, have remained the same.