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International transfer of minors

Updated 07/02/2019

Written by

Pablo Bruera

lawyer

"International transfer of minor players in football"

 

Introduction

The purpose of this paper is to analyze the FIFA regulations and their evolution, in relation to the international transfer of minors, as well as their modifications and jurisprudence. Ask yourself who are the beneficiaries, direct and indirect, by the rules of the International Federation of Football Association (FIFA) and the jurisprudence of the CAS (Arbitral du Sport court). Likewise, it is worth asking who are those harmed by these rules.

In this context, it is opportune to analyze possible reforms that, without altering the FIFA spirit in relation to the protection of minors, make the regulations more flexible. We anticipate that these changes, to our knowledge, came to solve a serious problem in football, but it has also damaged opportunities for minors who can improve their quality of life.

 

Previous situation

  • Movie

The film "Diamantes Negros", written and directed by Miguel Alcantud, shows the heartrending situation in which thousands of children were involved as a result of an unscrupulous implementation of child trafficking in soccer. The film tells the story of two African children who, with aspirations to play in Europe, leave their families to start a dream: playing in the first category of a European team. However, what appears to be a great opportunity, ends up being a tragedy.

The life of these two African children is a reality that affected hundreds of Asian children, Latinos, and from other latitudes.

  • Cases

In the case of Argentina, different cases can be reported in this regard. One such case is that of Luis "La Pulga" Rodríguez, a legendary player of Club Atlético Tucumán and a reference of that institution, currently in Colon de Santa Fe.

Rodriguez was taken to Europe at the young age of 14 by a group of soccer representatives. Once arrived at the old continent, the young player was rejected by the club where he was tested. Faced with this situation, Rodriguez was - literally - abandoned on the street, without lodging, food, or family, nor did he have a ticket back home.

This reality can be equated to one of the scenes of the aforementioned film, where a child is abandoned in a train station after his rejection by a football club.

 

FIFA changes

FIFA, at the request of UEFA (Union of European Football Associations), made radical changes in its regulations to end this scourge that seemed to turn into an epidemic.

From the inclusion of the reform until now, FIFA made numerous amendments in order to avoid that, by means of simulations and falsifications, the spirit of the rule is violated.

RETJ: art. 19

1. International transfers of players are allowed only when the Player reaches the age of 18 years.

2. The following three exceptions are allowed:

a) If the player's parents change their address to the country where the new club

It has its headquarters for reasons not related to football.

 

b) The transfer takes place within the territory of the European Union (EU) or

From the European Economic Area (EEA) and the player is between 16 and 18 years old

Old. The new club must meet the following minimum obligations:

i. Provide the player with an adequate soccer training or training that corresponds to the best national standards.

ii. In addition to training or football training, guarantee the player an academic or school education, or a training or education and training according to their vocation, which allows you to start a career that is not football in case you stop in your activity professional player .

iii. Take all the necessary provisions to ensure that the Player is assisted in the best possible way (optimal housing conditions In a family or in a club accommodation, made available to a Tutor in the club, etc.).

iv. In relation to the registration of the player, will provide the Corresponding association proof of compliance with the aforementioned obligations

c) The player lives in his home at a distance of less than 50 km from the national border, and the club of the neighboring association is also at a distance of less than 50 km from the same border in the neighboring country. The maximum distance between the home of the player and the club will be 100 km. In such case, the player must continue to live in their home and the two associations in question must give their consent.

3. The conditions of this article shall also apply to any player who has not previously been registered in any club and who is not a native of the country in which he wishes to register for the first time and who has not lived in that country uninterruptedly the last time five years minimum.

4. APPROVAL OF THE SUB-COMMISSION DESIGNATED BY THE COMMITTEE OF THE PLAYER'S STATUTE Any international transfer in accordance with section 2, any first registration in accordance with section 3, as well as the first registrations of foreign minors who have lived uninterruptedly for at least the last five years. in the country where they wish to register, they are subject to the approval of the subcommission appointed by the Player Statute Commission for that purpose. The application for approval must be submitted by the Association that wishes to register the player. The previous association will be granted the opportunity to present its position. Any association requesting the ITC Expedition and / or making the first registration must first request this approval. The FIFA Disciplinary Committee will impose sanctions in accordance with the FIFA Disciplinary Code in case of any violation of this provision. Likewise, sanctions may be imposed not only on the association that has not addressed the subcommission, but also on the Association that issued the ITC without the approval of the subcommission and the Clubs that have agreed to transfer a minor.

5. The procedure for applying to the subcommission of all first registration and international transfer of minors is described in annex 2 of this regulation. 19 bis Registration and notification of the presence of minors in academies

1. Those clubs that operate an academy with which they have a legal, factual and / or economic relationship must notify the presence of minor players who attend the academy to the association in whose territory the Academy performs its activity.

2. Each association must ensure that academies that do not have a right, de facto and / or economic relationship with a club:

a) they are constituted in a club that participates in the Corresponding national championships; the presence of its players must be notified to the Association in whose territory the academy performs its activity;

o It will be necessary to register the players in said club; O well

b) notify the presence of all underage players, who attend the academy for the purpose of obtaining training, the Association in whose territory the academy performs its activity.

3. Each association must keep a record with the names and dates of birth of all underage players who have been notified by clubs or academies.

4. By notifying the names of their players, both the academy and the players undertake to play football according to the FIFA Statutes and to observe and share the ethical values ​​of the sport of organized football.

5.

The FIFA Disciplinary Committee will impose sanctions in accordance with the Code

FIFA Disciplinary in case of any violation of this provision.

6

The art. 19 will also apply to the notification of underage players

That they are not citizens of the country in which they wish to be notified of their presence.

 

Compliance with the rule by European clubs

 

In general, the European clubs did not have a favorable reaction to these reforms as they emptied the quarries that nurtured the professional schools and future transfers that generated lucrative profits.

Only with harsh sanctions, FIFA has been able to stop the migration of minor players from the different developing countries of the world to European clubs.

Needless to say that with this reform, players like Lionel Messi (whose clause of rescission is 700 million euros) would not have been able to emigrate to Europe since the new regulations expressly prohibits this type of transfers.

 

Penalties for European clubs

The case of Barca

The investigation into the club had as its origin the omission of the Club Barcelona regarding the recommendations of FIFA in relation to the South Korean player Lee Seung Woo. From the analysis of that case, an investigation began that detected nine other minors in a situation of irregularity in the farmhouse. However, the club was able to show that some of those cases were legal.

The case of the player Lee Seung Woo began on February 5, 2013, when FIFA tells the club of an anonymous report for the irregular incorporation of the player. In the same act, FIFA establishes the prohibition that said player plays until his 18th birthday as he was not registered in the corresponding Federation.

It is appropriate to point out that Lee Seung Woo could never play in the first category of Club Barcelona. However, he was able to sign a contract with Club Verona of Italy, which belongs to the Calcio A series.

Futbol Club Barcelona, ​​disregards FIFA's recommendations to regularize their situation in the farmhouse. FIFA decided to sanction said club with the prohibition of making signings during the term of two seasons.

On August 19, 2014, FIFA sanctions the club for failing to comply with FIFA's regulations regarding the registration of minor players.Notwithstanding this sanction, the Club was authorized to renew contracts that ended, unsubscribe players and recover loaned players.

In front of this the Club interposes a resource in the TAS, said Court rejects such resource and confirms the sanctioning resolution of FIFA.One of the grounds provided by the court is that the Club had not tried to regularize the situation.

El Barca had six serious cases. However, he was able to show that three of them had been in accordance with the regulations in force.

The case of Real Madrid

The Real Madrid Club had eight serious cases, in relation to minors, sanctioned by FIFA. However, the entity was able to verify that six of these cases had been within the current regulations.

The sanction of FIFA is based on the Club Real Madrid had not requested permission to register players under eighteen years.

Although the sanction of FIFA is equal to that of Barcelona, ​​the TAS - against the appeal of the Club - decides to reduce the sanction of prohibition of new signing from two seasons to one. The argument offered by the Court was that the behavior of Real Madrid had deferred from that of Club Barcelona, ​​because the Madrid club had tried to regularize the situation at all times.

Valencia CF is being investigated by FIFA

This club at the time of writing this article (3-16-2018) has an ongoing investigation by FIFA for three cases: 
A) Kangin Lee: this player was born in 2001 in Icheon, South Korea, his parents settled in Europe and live in Pucol. Before the transfer of the player had won a talent contest that looked for the Korean Messi, but in 2011 made a test in the sports city of Paterna and convinced the technician. 
Lee was not a soccer player (he had no previous federation card), so there was no transfer and he lived 20 km away. Of sports facilities. 
According to the club, the transfer of Kangin takes place for extra soccer reasons and it has been given an adequate educational environment and he was assisted in a complete way, integrating him as a person. To this day, he competes in juvenile A and the subsidiary. 
The club has sent as evidence to FIFA: 
1) Certificate of registration. 
2) Address of the home of the player and his parents. 
3) A document signed by the parents explaining the reasons why they are living in Europe. 
4) Work contract. 
5) Documentation of economic support. 
6) Work permit. 
B) Wanda Project 
For the club it is a purely educational and formative project. Around 30 Chinese boys were trained for 1,2, and 3 years learning soccer and receiving academic classes. 
Valencia argues that the only contract that was made was between the club and the company responsible for the Wanda project and that it can be compared to a summer camp. 
The club did not process any competitive license. All the children finished their training and returned to their country. 
C) Ferghat Coalan: 
This young Turk had a training contract from the age of 14 and several European clubs disputed him for millions. 
This young promise was captured for the school of Valencia in the summer of 2013 and currently plays in the cadet A.

 

FIFA will investigate Chelsea for the signing of Traoré
 

The striker Bertrand Traoré, signed in the summer of 2017 by Chelsea, from Lyon in exchange for 10 million euros, was not of age when the English team recruited him from Burkina Faso in 2010 for 460,000 euros, so he could be sanctioned by FIFA.

FIFA's integrity department has proposed a sanction of four market windows to Chelsea for breach of the rules on the international transfer of minors.

Chelsea, in addition, would have breached the rules with the signing of 19 players, including 14 minors transferred illegally.

Officially, Chelsea recorded the arrival of Traoré in 2014, when he was 18 years old (he was born on September 6, 1995), but the revelations of the press led FIFA to open an initial investigation, closed due to lack of evidence in 2013 .

But later it was shown that the player had participated in October 2011, at age 16, in a match against Arsenal U-18.

Finally, Chelsea admitted to having acquired an option over the player through his mother, when the player was 15 years old.

At the time, FIFA has already punished Barcelona, ​​Atlético de Madrid and Real Madrid for violating international transfer regulations.

 

FIFA penalty against Chelsea

 

Finally this club has been sanctioned with a fine of prohibition of transfer during two markets by FIFA, unable to incorporate players until the summer of 2020.

The disciplinary commission sanctioned him for a total of 29 cases in which he violated Article 19 of the RETJ related to the international transfer of minors. The original investigation had been for 92 players in addition to committing other irregularities in the records and violating Article 18 bis of the RETJ with the agreements made with other clubs.

Chelsea has 90 days to regularize the situation for minors.

In addition to not being able to make signings in the next two windows of transfers, I fine him with 600,000 Swiss francs.

 

 

Chelsea position

 

The club strongly criticized said sanction and anticipated that it will exercise its right to appeal this decision being "extremely disappointed.Chelsea FC categorically refutes the findings of the FIFA disciplinary commission and therefore appealed the penalty. The club wishes to emphasize the important work done by FIFA in relation to the protection of minors and fully cooperated with FIFA throughout the investigation. Chelsea acted in accordance with the relevant regulations and will shortly present its appeal to FIFA¨.

Surely, also, you will find the solution to the punishment in the players who have borrowed and will ask them to return (there are 42 players in those conditions).

The penalty is not applicable to women's football and futsal.

 

THE SANCTION OF FIFA TO IDSEA CHAMPASAK OF LAOS.April 2018

 

This club was fined 690,000 Swiss Francs, about 707,000 dollars for being found guilty of violating the regulations on the international transfer of minors. 
FIFA investigated for more than three years the case of the minor footballers of Liberia and the Idsea CHampasak of Laos. 
FIFA indicated that Lao FA violated Article 19 of RETJ, since they never obtained the international transfer certificate, but allowed them to play in the country's league. 
In 2015, 22 children from Liberia went to Laos, under an academy program, but the story was a hoax, since the younger players lived in subhuman conditions and 17 of the 22 children decided to return, in less than 2 months. 
The children did not have medical assistance, ate badly, slept on the floor, had their passports withheld and were illegal immigrants, among other atrocities. 
Both the BBC and FIFPRO echoed the situation and denounced that African children were changed to Laos. 

 

Analysis of the regulations

Article 19 of the RETJ prohibits the transfer or first registration of children under 18 with some exceptions. However, through simulation or complicity of federations, clubs, associations, etc. it was possible to avoid, in numerous cases, the prohibition. Because of this situation, FIFA had to add some amendments that apply since 2009.

  • General principle

Children under 18 can not be transferred.

  • Exceptions

  1. The parents of the player change their address and fix it in the place where the new club is based for reasons not related to football.

 

 

The jurisprudence adds the exception of the removal of the minor for reasons of study, although for a certain time. Another exception that incorporates praetorian is that of agreements between clubs and associations and transfers to them the responsibility of compliance with the rule.

 

Interest protected by the norm

The primary purpose of FIFA rules is to protect minor players. However they are the direct beneficiaries, the training clubs are also favored.This indirect protection is due to the fact that the new regulations prevent minor players from emigrating to play football until they are 18 years old, this benefits the training clubs since the players play longer in the club, thus allowing greater patrimonial benefit for the clubs. .

 

Violation of the norm

Repeated attempts have been made to circumvent this rule by arguing that the migration of the family was due to the new work of the parents or one of this. However, this reality has been revealed in certain cases. Examples:

  1. Case Brian Sarmiento: the former student of La Pata (Argentina) was hired by the Racing Club of Santander (Spain), pretending that the father had previously achieved the job of designer. However, the Club Estudiantes was able to demonstrate that the player traveled before the father and that the player earned a salary that exceeded ten times that of the father. This proved, the judge rejected the registration of young Sarmiento for understanding that the father followed the son, thus subsuming in the established prohibition.

  2. Case of Carlos Javier Acuña: the young Acuña was a player of the Olimpia Club of Paraguay and was transferred to the Cádiz club of Spain as a minor. The mother claims to have gotten work in a restaurant in Cádiz, but the Paraguayan Football Federation refuses to issue the CTI because it understands that it is the mother who follows the son and not the other way around.

  3. Midtjylland case: this Danish club generated a cooperation agreement with the Nigerian club Ebedei under which the latter transferred minor players to Denmark. There, the minors were educated. The FIPRO denounces to FIFA and the TAS resolves that in the case none of the exceptions to article 19 is given, so that said situations are strictly forbidden.

 

Reform of 2009

As of October 2009, there is a new version of the RETJ that reinforces the prohibition by adding the fourth numeral to article 19. Now the international transfer of minors or the first registration of a minor player requires the approval of a FIFA subcommission which is the commission of the player's Statute. The registration must be requested by the association that wishes to register the player and the old club can oppose it. Finally, this numeral 4 adds sanctions to associations and / or clubs.

In other words, the transfer of minors leaves the local orbit to take charge of FIFA through this subcommission

Art. 19 bis

This article establishes that soccer academies (soccer schools, camps, training centers) must notify the Association of the territory of the academy of the presence of minors.

 

New exceptions

  1. Now, it includes not only the work of the two parents, but also the work of one of them in case they had custody, or in the case of the legal guardian by death or withdrawal of custody to the parents.

  2. The case that the minor player is an exchange student abroad (for a limited time)

  3. Junior player who signs up for the first time and has lived at least five years continuously in the country where he intends to register.This operation is subject to the approval of the FIFA subcommittee.

  4. Circular of 3/3/2017: only belongs to amateur players belonging to amateur clubs. In these cases, no request for approval is required.FIFA is interested in subsequent registrations so that no attempt is made to violate the general protection of the child.

 

  1. Case "Valentín Vada"

 

Valentín Vada is a young Argentinian born on March 6, 1996 with Italian nationality (that is, citizen of the European Economic Community).At 15 years of age, in 2011, the French club FC Girondines de Bordeaux requested an international transfer, arguing that the exception provided for in art. 19 numeral 2 ° of the RETJ. The same one verses: "By change of the parents for reasons other people's to soccer".However, FIFA and TAS deny that transfer.

In 2012, Valentín (16 years old) signs a child training agreement with the new club and they ask FIFA for the transfer because they are 16 years old and have a European nationality. The FIFA subcommission denies this transfer arguing that it was not a transfer within the European Union since it took place from Argentina to France and the FIFA regulations did not say anything about nationality, it only referred to territoriality. Nevertheless, the CAS reversed the measure.

At the beginning, Vada tried to take advantage of article 19 number 1 but in December 2011 the TAS ruled against denying the license to play in the French club since the club confirms that the reality is that the cause of the family move was it was due to soccer reasons and not due to the work of the parents (prohibited situation).

However, on March 7, 2012, Valentín celebrates his 16th birthday and Club Girondines and the Vada family signed a study, accommodation and maintenance agreement. Thus, the inclusion is requested by article 19 number 2 of the Regulation since the child was 16 years old and Italian nationality. The sole judge of FIFA again refuses the registration holding that the child was playing in Argentina, that is, the transfer was from Argentina to France and not within the European Community.

The Vada family appeals to the TAS, who fails in favor of registration. To decide this way, the Court argues:

  1. The principle of free movement of workers within the European Union and its economic space can be damaged.

  2. FIFA itself recognizes the existence of other exceptions to Article 19.

Thus, the TAS revokes the refusal of FIFA and authorizes the international transfer of the Argentine club (Proyecto Crecer) to the French club Girondinos de Bordeaux.

The Crecer Project is linked to the Newells Old Boys Club of Rosario, which has signed a collaboration agreement with the Girondines under which outstanding players can continue their career in the French club.

This precedent is very relevant since it implies the change of criteria of the CAS with respect to the second numeral of article 19 of the Regulation. Thus, the thesis of territoriality is abandoned to subscribe to the thesis of nationality.

Benjamín Garré Case

The Manchester City was not sanctioned before a request of the Argentine club Vélez Sarsfield since this player had 16 years and community passport at the time of his transfer. By virtue of this, the exception is met.

Official position of cub Velez Sarfield.

 

Benjamín A. Garre was federated in favor of Vélez Sarsfield on October 1, 2010.

 

On 06/22/2016, that is, when the player was 15 years old, Manchester City made an economic proposal for the transfer of the player.

 

On 06/23/2016, such offer was rejected by Vélez because it infringed and violated Art. 19.1 of the Regulations on the Statute and Transfer of Players of FIFA (RETJ), which stipulates that international transfers of Players are authorized only when the player reaches the age of 18 years.

 

Four (4) days later, Vélez Sarsfield sent a letter document to the legal representative of the minor, letting him know the wishes of the institution to sign the first employment contract as soon as the player was 16 years old, that is, when he was of age that the Labor Contract Law allows. In turn that same day (06/27/2016), the minor obtained the Italian passport.

 

Days later and before the refusal of our Institution regarding the offer of transfer, the player flies to Italy and - without answering the Document Letter or communicating to Vélez Sarsfield - on July 11, 2016, that is, on the same day that he fulfilled the 16 years old, concludes contract with the English club.

On August 2, 2016, the Football Association requests FIFA to approve the player's international transfer by invoking the exception stipulated in Art. 19.2 (b) of the Regulations on the Status and Transfer of Players of FIFA, whose terms express : 19.2 The following three exceptions are allowed: The transfer takes place within the territory of the European Union (EU) or the European Economic Area (EEA) and the player is between 16 and 18 years of age. The new club must meet the following minimum obligations: i. Provide the player with an adequate football training or training that corresponds to the best national standards. ii. In addition to football training or training, guarantee the player an academic or school education, or a training or education and training according to their vocation, which allows you to start a career that is not football if you stop working as a professional player . iii. Take all the necessary precautions to ensure that the player is assisted in the best possible way (optimal housing conditions in a family or in a club accommodation, available to a guardian in the club, etc.). iv. In relation to the registration of the player, will provide the corresponding association proof of compliance with the aforementioned obligations.

 

On August 9, 2016, Vélez Sarsfield questioned and opposed the transfer, because - among other arguments - it was not being developed "within" the territory of the European Union as expressly stated by the exception invoked by the Club English.

However, on August 24, 2016, the Sole Judge of the Subcommittee of the FIFA Players' Statute, decided to approve and accept the transfer request of the minor in favor of Manchester City, considering that he was a player of Italian nationality and that the logic of the exception of paragraph 2 (b) of Art 19 of the RETJ is to ensure and respect the free movement of workers prescribed by the European Legislation.

On December 12, 2016 Vélez Sarsfield filed an appeal against the decision of the FIFA Single Judge, and on July 3, 2017 a hearing was held in the TAS. From that date, the case was before the Court's resolution until the date of sentencing. In the middle of this period, more precisely in the month of February 2018, Vélez Sarsfield complied with an additional payment for the advance of costs requested by the TAS, awaiting a just resolution and having disposed of all its legal tools from the beginning of the litigation. to defend the interests of the institution.

Observations:

This resolution is very serious for the future of the South American clubs, naturally training and exporting footballers. In this way, institutions are prevented from signing the first contract of sports work with the best talents, when these are community, or failing that we must compete in adverse economic conditions against the powerful European clubs.

The Court of Arbitration for Sport (TAD) of Lauisina has rejected the complaints of the Argentine club in the same way that FIFA had done.

Manchester City proved that Garre had an Italian passport and could move when he turned 16.

XII Ecuadorian children who come to River

 

The judgment of first instance is of the year 2015. It takes place under the protection presented by the representatives of the Ecuadorian minors declaring the unconstitutionality of art. 19 of the FIFA RETJ, asking the AFA to refrain from applying this rule in this case, and allowing children to compete in official competitions in this country

The judge resolves that although the children are Ecuadorians, they have temporary residence in Argentina with a national identity document. According to international treaties, the treatment of these minors must be equal to that of an Argentine citizen and that any act that omits this equality is discriminatory.

Ecuador as of the year 2011 is Associated State to the MERCOSUR and there the equality of rights of all its signers is established.

The minors are in Argentina since 2015, with the consent of their parents and the physical and technical aptitude to practice soccer. The players come from the Sport Point School of Ecuador that has a collaboration and training agreement with the River Plate Club of Argentina. Also the North Club of Mar Del Plata had shown interest in the players.

On August 22, 2017, the Chamber of Civil and Commercial Appeals, Room III, of Mar Del Plata, pronounced judgment in the case files of CQ, WA and others against AFA and others on amparo, confirming the judgment of first instance.

The arguments of AFA were that the River club never asked to register the children and also that it is not the AFA that should be sued. He submits that the registration request must be made in the subcommission of the FIFA player's statute.

The arguments of the Chamber confirming the first instance decision is that Art. 19 of the FIFA RETJ because Ecuadorian children should be treated the same as an Argentine child and not treated as a foreigner, therefore it is not an international transfer.

 

XIII THE BENTACOUR CASE TO BOCA JUNIORS CLUB

 

The Boca Juniors club requests authorization from FIFA to register the Uruguayan 15-year-old player.

FIFA rejects the inscription arguing that the case does not fit into any of the exceptions to the prohibition of minors under 18 years of age.

Boca appeals to the TAS who gives the reason, taking into account the interest of the child and the spirit for which the ban was sanctioned.

That is to say, the authorization of the minor, in this case, protected their interest and promoted their development, for which the TAS authorizes the registration so that the minor player can play in the Argentine club.

In the particular case the panel raised that when the RETJ speaks of the denomination "parents" it is logical to argue that it also does to the stepmother of the player, since the mother had died and her father had remarried, forming a new family.

 

Although the legal and fiscal domicile of the player's father was in Uruguay, it was proved that the minor and his family spent most of their time in Buenos Aires, where the minor was based.

In this case the court spoke of the concept of "center of life", which as we said could be proven to be in the Argentine capital.

The geographical proximity and the historical-linguistic-cultural heritage helped the panel to make this decision.

The award refers to the FIFA circular 769 that seeks to protect the child and prevent abuse, having a protective environment for the interests of the child.

This ruling has allowed Bentacour to develop successfully in the Argentine club and then be able to successfully continue his sports life in Italy.

 

Article 19 of the RETJ in Spain. Resolutions of the superior council of the sport.

 

On December 4, 2018, the president of the sport's top council, María José Rienda, takes a decision that questions the substance of article 19 of the RETJ.

In this case, the minor in question was not a foreigner, but was Spanish and could not play football in his own country.

The child was born in the state of florida in the United States, but his mother was Spanish; there he played football in an academy but it was not affiliated with the United States football federation.

At age 16 the boy went to live in Mallorca to the house of the maternal aunt. The minor enrolls in the CDAB. He asked the federation of the Balearic Islands for his registration; this in turn, transfers to the RFEF, and this requests authorization to FIFA.

The Balearic club alleges the exception of article 19 section 2 (Transfer of parents for reasons unrelated to football). In April of the year 2018, the subcommission of the FIFA player statute rejects the application for registration of the child because it is understood that the delegation of custody over a minor to a relative does not fit into that exception.

In August, another club, the CFAR, once again requested registration through the third exception of article 19 (five years of having lived uninterruptedly in the country that wishes to register).

In this case, said federation rejects it inlimine.

Given this, an appeal is lodged with the superior council of sport, who accepts the child's inscription.

The appeal was based on the fact that the child was not a foreigner, but was Spanish (because he was the son of a Spanish mother). It is denounced that the constitutional mandate of article 14 is violated "Spaniards are equal before the law".

The board of the sport said that requiring another requirement such as Article 19 of the RETJ contravenes Article 14 of the national constitution of Spain, because it puts Spanish footballers in a worse position after having lived abroad.

That is, the CSD severely questions the legality of Article 19 of the RETJ in Spain since any minor who wants to play in Spain at amateur level and comes from abroad can do so without being prevented by FIFA or the RFEF, provided that the minor be Spanish or reside legally in Spain.

We wonder if this also applies to professional clubs; To our knowledge, no Spanish club will want to suffer the serious sanctions they have received for having minors outside the exceptions of article 19.

 

 

 

IX Conclusions

 

The regulations have collaborated to combat the scourge of international trafficking of minors in football. It has been very efficient in stopping attempts to evade it.

We have seen throughout this work that with the application of this regulation, minors benefit directly and also the training clubs indirectly.

Despite its effectiveness with regard to the eradication of the aforementioned scourge, in certain cases the rule is very strict - and sometimes even unfair - in cases of minor players who could successfully continue their career in Europe being minors without violating the FIFA spirit. This would be the case in which the clubs agree and families and the minor consent, provided that the training requirements are met and the child's integrity is protected. In this sense, a reform to the current regulations that consider and respect the rights of children enshrined in different international treaties, should be encouraged. This is because you can improve not only the minor's professional career, but also their quality of life and that of their entire family. Thus, it could be said that despite this regulation seeks to protect the rights of the child, often its rigidity can violate the child's right to a better quality of life.

Another criticism that exceeds the arc of this work but that is worth noting is that the rule is discriminatory. This discrimination occurs in two senses. First, because the rule only refers to players belonging to the European Economic Community and says nothing about other communities or bilateral agreements. Thus, for example: the transfer of a 16-year-old Argentine player to Brazil is prohibited, but the transfer of a player of the same Spanish age to another country of the European Community is allowed. The second discrimination occurs with respect to players who have the nationality of a country belonging to the European Economic Community of those who do not. In this case, the example would be: a 16-year-old Argentine player with a European nationality who plays in a local Club can be transferred without legal problems to a club in the European Union, but the same transfer would be banned by an Argentine player of the same age and of the same club without said nationality. However, these transfers should be treated in the same way because both transfers are given from an Argentine club to a European club, without special consideration to the player's nationality.

 

Annexed

Regulations on the Statute and Transfer of Players

 

Procedure governing the application for the first registration and the international transfer of minors (section 19, section 4)

 

 

1) Principles: Applications for the first registration of under-age players in accordance with art. 19, apdo. 3 and the international transfer of underage players in accordance with art. 19, apdo. 2 must be made and managed through the TMS.

2) Without prejudice to the following provisions, the Rules of Procedure of the Players' Status Commission and the FIFA Dispute Resolution Chamber shall apply to the approval procedure. Any minimum difference that may occur as a result of the computerized process is reserved.

3) Obligation of member associations

1. All member associations undertake to examine the "Minors" tab in the TMS at regular intervals of a maximum of three days and to check in particular any query or request that they state their position.

2. The member associations shall assume full responsibility for procedural damages resulting from non-compliance with the apdo.one.

4) Composition of the subcommission

1. The sub-committee appointed by the Players 'Status Committee is composed of the chairman and vice-chairman of the Players' Status Committee, as well as nine members. Annex 2 43

2. Given the urgent nature of the corresponding requests, as a general rule all the members of the subcommission will dictate resolutions as sole judges. However, the subcommission may also issue resolutions with three or more members.

5) Conduct during the procedure

1. All parties involved in the proceeding will act in accordance with the principle of good faith.

2. All parties involved in the process are obliged to tell the truth to the subcommission. Sanctions may be imposed on any association or club that provides inaccurate or false information to the subcommission or abuses the use of TMS for illegitimate purposes. The FIFA Disciplinary Committee will impose sanctions in accordance with the FIFA Disciplinary Code in the case of infringements, such as falsification of documents.

3. The subcommission may use all the means at its disposal to guarantee compliance with these principles.

4. FIFA TMS GmbH will investigate matters related to the obligations of the parties set out in this annex. All parties are obliged to collaborate in the clarification of the facts. Specifically, within a reasonable period, they must respond to any request for documentation, information or any other material of any nature that is in their possession. Likewise, the parties will have to comply with the obtaining and provision of the documentation, information or any other material of any nature that they do not have in their power but that they have the right to obtain. Failure to comply with requests from FIFA TMS GmbH may lead to sanctions by the FIFA Disciplinary Committee.

 

5 Initiation of the procedure, presentation of documents

 

1. The responsible association will request in the TMS the approval of the first registration (article 19, section 3) or of the international transfer (article 19, section 2). The requests referring to the aforementioned that are made by other means will not be met.

2. According to the facts of the case, the application submitted by the association in the TMS will be compulsorily accompanied by documents from the following list:

  • Copy of a document that certifies the identity and nationality of the player

  • Copy of a document that certifies the identity and nationality of the player's parents

  • Copy of a document that certifies the date of birth ( Birth certificate) of the player

  • Player work contract

  • Contract of work of the parents of the player / other documents that demonstrate the chosen reason

  • Player's work permit

  • Work permit of the player's parents

  • Copy of a document certifying the residence of the player

  • Copy of a document certifying the residence of the player's parents

  • Academic training documentation

  • Soccer training documentation

  • Accommodation / care documentation

  • Parental authorization

  • Proof that the 50 km distance rule is met

  • Proof of consent of the opposing association

  • Petition for approval of the first registration / international transfer.

 

3. In the event that a compulsory document is missing, or if a translation or official confirmation according to art. 7, the applicant will receive the corresponding Notification through the TMS. The applications will only be processed if all the obligatory documents have been submitted, or if all the translations or official confirmations have been entered correctly. As stipulated in art. 7

4. The applicant may attach to the application other documents that it deems necessary. The subcommission may at any time demand other documents from the applicant.

 

6) Posture, omission of a posture

1. In connection with the request for approval of an international transfer, all non-confidential documents will be made available to the previous association, in the TMS, and said association will be invited to manifest its position within a period of seven days. through the TMS.

2. The previous association may also submit any document that it deems relevant through the TMS.

3. In the event that a position is not expressed, the subcommission will decide based on the documents at its disposal.

 

7) Language of the documents:

If a document is not available in one of the four official languages ​​of FIFA, the association will submit a copy of the document in one of the four official languages ​​of FIFA or an official confirmation from the concerned association summarizing the relevant facts of each document in one of the four official languages ​​of FIFA. In case of delay, the subcommission shall have the right to reject said document, subject to the provisions of art. 5, apdo. 3.

 

8) Deadlines

1. Legally binding deadlines will be set through the TMS.

2. The introduction of petitions in the TMS must be made no later than the last day of the fixed term that corresponds to the time zone of the place where the respective association is located.

 

9) Notification of decisions, legal recourse

1. The subcommission will legally notify its decision to the respective Association (s) through the TMS. At the moment that it is loaded in the TMS, the notification will be considered effected and binding.

2. The associations in question shall be notified of the operative part of the decision. At the same time, the association (s) will be informed that, within ten days from the date of the notification, they may request, in writing through TMS, the full basis of the decision; failing that, the decision will be considered firm and binding. If an association requests the integral foundation, the decision will be based in writing and will be notified in full to the association (s) through the TMS. The period for filing an appeal will start from the date of notification of the reasoned decision.

 

 

GUIDE FOR THE APPLICATION OF A LESSER PLAYER

 

 

 

Protection of minors - "Guide for the application of a minor player"

Administrative procedure related to applications for early registration and international transfer of minors

 

According to art. 19 par. 1 of the Regulation on the Statute and the Transfer of Players (hereinafter: the Regulation), as a principle, the international transfer of a player is allowed only when it reaches the age of 18

 

However, there are certain exceptions to this rule, as highlighted in art. 19 par. 2 of the Regulation, as well as the five-year rule (see article 19 par.3 and 4 of the Regulations) and the pertinent jurisprudence (see below), which are considered exhaustive.

 

The same principles shall also apply to any minor player who has not been previously registered in any club and who is not a native of the country in which he wishes to register for the first time (see article 19 par.3 of the Regulations).

 

In accordance with art. 19 par. 4 of the Regulation, any international transfer pursuant to paragraph 2, any first registration pursuant to paragraph 3, as well as the first registrations of foreign minors who have lived continuously for at least the last five years in the country where they wish to register, are subject to the approval of the subcommission appointed by the Player Statute Commission (hereinafter: the subcommission) for this purpose. The application for approval must be submitted by the association that wishes to register the player.

 

The following "Guide for the application of a minor player" that explains in detail the relevant documents to be provided in an application, depending on the different individual circumstances surrounding the international transfer of a minor player. If a document is not available in one of the four official languages ​​of FIFA, the association will submit a copy of the document in one of the four official languages ​​of FIFA or an official confirmation from the concerned association summarizing the relevant facts of each document in one of the four official languages ​​of FIFA.

 

The "Guide for the application of a minor player" also indicates the specific situations where the limited exemption of the general obligation to submit applications for the approval of the subcommission within the meaning of art. 19 par. 4 of the Regulation (see FIFA Circular No. 1209 and FIFA Circular No. 1576) could, if granted, be used by an association to register minor players for purely amateur clubs, ie clubs without professional equipment and no legal, economic or de facto relationship with a professional club.

 

In relation to existing jurisprudence, to date, the competent decision-making bodies have granted, only on limited occasions and with extreme caution, exceptions not included in art. 19 of the Regulation to groups of very specific minor players. In particular, the subcommission has occasionally accepted applications, under very strict situations, in which: 1) the minor player has moved to another country without his parents due to humanitarian reasons and his return to his country of origin could not be anticipated due to that his life or his freedom would be threatened because of race, religion, nationality, belonging to a social group or political opinions (refugee player without company); or 2) the minor player's academic or school education was clearly the main reason for the temporary international transfer of the player without his parents and the maximum duration of the player's registration with the relevant club did not exceed one year until he turned 18 or until the culmination of the exchange program (student exchange student).

 

The practical application of the relevant provisions of the Regulation related to the protection of minors by the competent decision-making body, on a case-by-case basis, and within the aforementioned scope of exhaustive application, ie exceptions according to art. 19 par. 2 of the Regulations, the 5-year rule and jurisprudence concerning unaccompanied refugee players and student exchange players is of paramount importance to enable FIFA to prevent discrimination and unfair treatment of (foreign) minor players. At the same time, only a strict and consistent application of the relevant provisions, within the scope described above, can ensure the achievement of the objective, that is, the protection of minor players.

 

As a consequence, all applications for the approval of the first registration or international transfers of a minor (foreign) player, must clearly and in detail indicate the specific circumstances regarding the situation of the respective minor player and must also contain the pertinent documentation that supports application.

 

Finally, please take into consideration that this information is of a general nature and, therefore, is without prejudice. Given the fact that the FIFA administration is responsible for investigating the facts of each case, only the relevant bodies of FIFA, in casu, the subcommission, can issue a decision based on the specific circumstances of each application. Accordingly, the "Guide for the Application of a Minor Player" is intended solely to serve as a guide to the administrative application process, but may not prejudice any decision made by the subcommittee.

 

Zurich, on February 16, 2018

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start and end date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of date of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence of the player's parent (s) must be recently issued and must indicate the start date of residence in the new country.

  5. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start and end date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of date of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence of the player's parent (s) must be recently issued and must indicate the start date of residence in the new country.

  5. Either divorce decree (if applicable) or authorization from the parent who does not move allowing the player to reside in the new country with the parent moving to this country / with the resident parent.

  6. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start and end date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of date of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence of the player's parent (s) must be recently issued and must indicate the start date of residence in the new country.

  5. Either divorce decree (if applicable) or authorization from the parent who does not move allowing the player to reside in the new country with the parent moving to this country / with the resident parent.

  6. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  7. It will be provided in place of the documents normally provided under the categories "Employment contract of the player's parents or other documents that demonstrate the chosen reason" and "Work permit of the player's parents".

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start and end date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of date of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence of the player's parent (s) must be recently issued and must indicate the start date of residence in the new country.

  5. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  6. It will be provided in place of the documents normally provided under the categories "Employment contract of the player's parents or other documents that demonstrate the chosen reason" and "Work permit of the player's parents".

* Or documentation regarding the player's legal guardian, if applicable.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start and end date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of date of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence of the player's parent (s) must be recently issued and must indicate the start date of residence in the new country.

  5. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  6. It will be provided in place of the documents normally provided under the categories "Employment contract of the player's parents or other documents that demonstrate the chosen reason" and "Work permit of the player's parents".

* Or documentation regarding the player's legal guardian, if applicable.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. Copy of the decision taken by the competent national authority by which the child's parent (s) is granted the status of refugee (s) or "protected person (s)" or, alternatively, an official confirmation issued by the competent national authority corroborating that the minor's parent (s) has been accepted to begin the procedure for obtaining the right of asylum, as well as a copy of his / her permit (s) ) of temporary residence in the host country.

  5. The document certifying the residence must be recently issued and must indicate the start date of residence in the new country.

  6. Statement issued by the football association of the host country of the player indicating whether the club in which the player wishes to be registered is professional or merely amateur (club without professional team and without a legal, de facto and / or economic relationship with a club professional).

* The reason "The minor player moves for humanitarian reasons with his parents" is not an additional exception born of jurisprudential criteria of the exceptions contained in the Regulation, but rather a situation that falls, in principle, under the scope of application of the art.19 par. 2 a) of the Regulation. However, the above, the applications based on the reason "The minor player moves for humanitarian reasons with his parents" need to be treated separately to ensure adequate protection of minor players and their families.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The documentation related to the academic training must include a statement, signed and stamped, issued by the relevant academic provider confirming the player's registration, the title or aptitude that the player will receive once the course is completed, the estimated date of graduation of the player and a table that contains the class schedule of the player, which clearly indicates the days in which the class develops and its duration.

  5. Such as a confirmation, signed and stamped, issued by the club that wishes to register the player verifying that the club will provide the lodging player, establishing the address of said accommodation, as well as the name of the family or person (s) that will provide (n) the accommodation.

  6. Proof of an adequate football education and / or training that corresponds to the best national standards, requires the submission of the following documentation and information:

    • for male players, the category of club formation (see article 4 par.1 and 2 of Annex 4 of the Regulations); for female players, a statement from the association involved confirming that the applicant club is "in line with the best national standards" of female football training in this country;

    • the player's weekly soccer training program (must include the day and duration of each training session);

    • a statement by the club that wishes to register the player that specifies the team of the club to which the player belongs.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. The document certifying the residence must be recently issued and must indicate the date of beginning of residence at the current address.

  5. The distance between the player's home and the club's headquarters, calculated in terms of "route traveled", should not exceed 100 km. The distance between the home of the player / clubhouse and the nearest common border, calculated in terms of "straight line" (distance in a straight line from one point to another), should not exceed 50 km.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. Proof of residency must be recently issued and must indicate the date of residency start and current residence of the player.Alternatively, the association can present the school certificates of the player, duly signed and recently issued by the relevant academic institution, in the case that they clearly indicate that the player has been part of said institution during the last 5 years.

  1. The proof of birth must contain the date of birth and the affiliation of the player.

  2. Either official identification or passport.

  3. Official information of the exchange program (name, object, financing, duration, etc.) provided by the organizers of the exchange program.

  4. Copy of the registration form to the exchange program in question signed by the minor player and / or his parents.

  5. Confirmation, issued and signed by the organizers of the exchange program or the parents of the minor player, indicating that the minor player will return to his country of origin once the program has been completed.

  6. Confirmation, issued and signed by the academic institution (school / college) of the minor player in the host country, indicating the expected dates of duration of the studies and containing a detailed class schedule of the player.

  7. Confirmation issued by the player's academic institute in their country of origin corroborating the player's participation in the academic program in question.

  8. Detailed information regarding the supervision and accommodation of the minor player during the exchange program including, in particular, the exact name and address of the player's host parents.

  9. Declaration by the association of the host country of the minor player indicating whether the club with which the player wishes to be registered is professional or merely amateur (club without professional team and without relationship of right, in fact and / or economically with a professional club ), as well as the exact start and end date of the scheduled player's registration.

  10. Written consent issued by the host parents of the minor player granting their authorization for the player to be registered with the club in the association of the host country.

  11. Written consent issued by the parents of the minor player granting their authorization for the player to be registered with a club in the association of the host country.

  1. This documentation is required only in the case of registration of a professional player. If this is the case, the contract provided must contain all the essential elements (including start date, remuneration, signatures, etc.) as well as its annexes.

  2. The proof of birth must contain the date of birth and the affiliation of the player.

  3. Either official identification or passport.

  4. Copy of the decision taken by the competent national authority by which the player is granted the refugee or "protected person" status or, alternatively, an official confirmation issued by the competent national authority corroborating that the minor player has been accepted to initiate the procedure for obtaining the right of asylum, as well as a copy of a temporary residence permit in the host country.

  5. Copy of the decision taken by the competent national authority in relation to the current legal custody of the minor player.

  6. Written consent issued by the person holding the custody of the minor player granting his / her permission for the player's registration in the club of the association of the host country.

  7. Declaration regarding the whereabouts and current situation of the biological parents of the player provided by the minor player, the association of the host country or any other competent body.

  8. Statement issued by the football association of the host country of the player indicating whether the club in which the player wishes to be registered is professional or merely amateur (club without professional team and without a legal, de facto and / or economic relationship with a club professional).

  9. Declaration by the minor player indicating if he has ever been registered in his country of origin (or any other country) and, if so, if he was registered as an amateur or professional (this documentation is required only in the case of an international transfer)).