Commentary on the Regulations for the Status and Transfer of Players TABLE OF CONTENTS Chapter Article Page Chapter Article Page GENERAL REMARKS 4 18 – Special Provisions Relating to Contracts Between Professionals and Clubs 51 DEFINITIONS 5 V. INTERNATIONAL TRANSFERS INVOLVING MINORS I. INTRODUCTORY PROVISION 19 – Protection of Minors 57 1 – Scope 7 VI. TRAINING COMPENSATION AND SOLIDARITY MECHANISM II. STATUS OF PLAYERS 20 – Training Compensation 61 2 – Status of Players: Amateur and Professional Players 10 21 – Solidarity Mechanism 62 3 – Reacquisition of Amateur Status 13 4 – Termination of Activity 15 VII. JURISDICTION 22 – FIFA Competence 63 III. REGISTRATION OF PLAYERS 23 – Players’ Status Committee 68 5 – Registration 16 24 – Dispute Resolution Chamber 71 6 – Registration Periods 19 25 – Procedural Guidelines 74 7 – Player Passport 25 8 – Application for Registration 27 VIII. FINAL PROVISIONS 9 – International Transfer Certifi cate 28 26 – Transitional Measures 78 10 – Loan of Professionals 30 27 – Matters not Provided for 81 11 – Unregistered Players 34 28 – Offi cial Languages 81 12 – Enforcement of Disciplinary Suspensions 36 29 – Annulment, Enforcement 82 IV. MAINTENANCE OF CONTRACTUAL STABILITY ANNEXES BETWEEN PROFESSIONALS AND CLUBS Annex 1: Release of players for Association teams 83 13 – Respect of Contract 38 Annex 2: Eligibility to play for Association teams for players whose 14 – Terminating a Contract for Just Cause 39 nationality entitles them to represent more than one Association 96 15 – Terminating a Contract for Sporting Just Cause 41 Annex 3: Administrative procedure governing 16 – Restriction on Terminating a Contract During the Season 44 the transfer of players between Associations 99 17 – Consequences of Terminating a Annex 4: Training Compensation 111 Contract Without Just Cause 45 Annex 5: Solidarity Mechanism 127 Annex 6: Rules for the Status and Transfer of Futsal Players 132 2 3 GENERAL REMARKS DEFINITIONS1 1. Offi cial languages For the purpose of these Regulations, the terms set out below are defi ned as follows: Like all FIFA regulations, this commentary is published in the four offi cial 1. Former Association: the Association to which the Former Club languages, i.e. English, French, Spanish and German. Whenever there is affi liated. is divergence in the wording of the different texts of the commentary, the English text is authoritative. 2. Former Club: the club that the player is leaving. 3. New Association: the Association to which the New Club is 2. Proviso affi liated. The explanations in this commentary are, inter alia, based on the 4. New Club: the club that the player is joining. jurisprudence of the competent decision-making bodies of FIFA (Players’ Status Committee, including its single judge, Dispute Resolution 5. Offi cial Matches: matches played in the framework of Organised Chamber and DRC judge) and of the Court of Arbitration for Sport. Football, such as national league championships, national cups As a matter of course, they are subject to changes or amendments of and international championships for clubs, but not including the relevant jurisprudence by the relevant bodies. friendly and trial matches. 6. Organised Football: association football organised under the auspices of FIFA, the confederations and the Associations, or authorised by them. 7. Protected Period: a period of three entire Seasons or three years, whichever comes fi rst, following the entry into force of a contract, if such contract was concluded prior to the 28th birthday of the Professional, or to a period of two entire Seasons or two years, whichever comes fi rst, following the entry into force of a contract, if such contract was concluded after the 28th birthday of the Professional. 8. Registration Period: a period fi xed by the relevant Association in accordance with Article 6. 1 The definitions are self-explanatory. Particular attention should, however, be given to the description of season (point 9), since it is different to the “usual” definition. In fact, for the purpose of these Regulations, the season starts with the first official match of the national championship and ends with the last one, whereas according to the “usual” definition, a season starts on the day following the end of the previous season, e.g. for the majority of the European leagues, the season starts on 1 July and ends on 30 June of the following year. This difference is mainly required for the application of Chapter IV of the Regulations (Maintenance of contractual stability between professionals and clubs) and will be explained there in detail. 4 5 DEFINITIONS1 I. INTRODUCTORY PROVISION 9. Season: the period starting with the fi rst Offi cial Match of the Article 1 Scope relevant national league championship and ending with the last Offi cial Match of the relevant national league championship. 1. These Regulations establish global and binding rules concerning the status of players, their eligibility to participate in Organised Football, 10. Training Compensation: the payments made in accordance with and their transfer between clubs belonging to different Associations. annex 4 to cover the development of young players. 2. The transfer of players between clubs belonging to the same Reference is also made to the “Defi nitions” section in the FIFA Statutes. Association is governed by specifi c regulations issued by the Association concerned in accordance with Art. 1 par. 3 below, NB: Terms referring to natural persons are applicable to both genders. Any which must be approved by FIFA. Such regulations shall foresee term in the singular applies to the plural and vice-versa. rules for the settlement of disputes between clubs and players, in accordance with the principles stipulated in these Regulations. Such regulations should also foresee a system to reward the clubs investing in the training and education of young players. 3. a) The following provisions are binding at national level and have to be included, without modification, in the Association’s regulations: Art. 2 – 8, 10, 11 and 18 b) Each Association shall include in its regulations appropriate means to protect contractual stability, paying due respect to mandatory national law and collective bargaining agreements. In particular, the following principles should be considered: – Art. 13: The principle that contracts must be respected; – Art. 14: The principle that contracts may be terminated by either party without consequences in case of just cause; – Art. 15: The principle that contracts may be terminated by Professionals for sporting just cause; – Art. 16: The principle that contracts cannot be terminated during the course of the Season; – Art. 17 par. 1 and 2: The principle that in case of termination of contract without just cause, compensation shall be payable and that such compensation may be stipulated in the contract; – Art. 17 par. 3 – 5: The principle that in case of termination of contract without just cause, sporting sanctions shall be taken against the party in breach. 4. These Regulations also govern the release of players for Association teams and players’ eligibility to play for such teams in accordance with the provisions of annexes 1 and 2 respectively. These provisions are binding for all Associations and clubs. 6 7 I. INTRODUCTORY PROVISION Table of contents 2. National regulations 1. Scope of Regulations 1 Associations are responsible for regulating domestic transfers4, i.e. 2. National regulations transfers between clubs affi liated to the same member association. This autonomy allows associations to adapt their own regulations to the particular conditions and circumstances of the country concerned. 1. Scope of Regulations As a general rule, FIFA does not interfere in the day-to-day business of the associations, provided that severe infringements of the FIFA 1 The Regulations set up rules regarding the international transfers of Statutes and/or regulations do not occur. players, the status of players, their eligibility to participate in organised football2 as well as the release of players for association teams and 2 The autonomy of the associations is, however, limited by the basic the players’ eligibility to play for such teams3. These fundamental principles of the Regulations that have to be observed at all times rules shall be compulsory and applicable in the same way all over the and in particular by those provisions that are in particular binding at world. national level and have to be included without modifi cation in the association’s regulations5. 2 On the one hand, the Regulations therefore aim to regulate international transfers between member associations and on the 3 Beside the provisions mentioned under 2.2 above, the associations 6 other, they establish basic principles that guarantee a uniform and shall provide for appropriate means to protect contractual stability , equal treatment of all participants in the football world. which is one of the fundamental principles on which the Regulations are based. 4 The associations are, however, free to establish in which way this obligation has to be complied with, since the various principles outlined in par. 3b) are to be considered as a strong recommendation, i.e. every association is allowed to include the principles it deems necessary and appropriate for its own football system in order to refl ect the particular needs of the country concerned. 5 While establishing national regulations, associations have to pay due respect to compulsory national law7 and collective bargaining agreements8. 4 Art. 1 par. 2 5 Art. 1 par. 3a) refers to art. 2-8, 10, 11 and 18 6 Art. 1 par. 3b) 7 Especially to labour law. 8 Collective bargaining agreements signed by the representatives of clubs or the league and the 2 Art. 1 par. 1 players’ representatives allow social partners to co-exist within the association concerned and they 3 Art. 1 par. 4 safeguard the interests of both stakeholders in an appropriate manner. 8 9 II. STATUS OF PLAYERS Article 2 Status of Players: Amateur and Professional Players 3 It is therefore compulsory to stipulate a written contract between the club and a player.