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.
The results of the independent study, announced in the White Paper on Sport in July 2007, 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.
‘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. Effects will not be clear for some time therfore, the Commission will closely monitor its implementation and undertake a further analysis of its consequences by 2012.