Underage football players and the FIFA regulations
In today’s football, professional clubs are trying to attract talented youth players at an increasingly younger age. The hope is to save a transfer fee by training these players themselves until they reach the level of the first team. To protect the interests of underage footballers, FIFA has devoted a number of articles to this issue in the Regulations on the Status and Transfer of Players (hereinafter: RSTP). These rules are strictly interpreted and clubs that do not adhere to them risk being penalized. Including R.S.C. Anderlecht and F.C. Chelsea were recently condemned by FIFA Disciplinary Committee to a fine of CHF 200,000 and CHF 600,000 respectively (see newspaper article RSCA) (see Chelsea newspaper article).
The relevant articles of the RSTP regarding the transfer of minors are briefly explained in this contribution.
- Origin of the rules
In the aftermath of the 1995 Bosman ruling, FIFA was forced to adjust its transfer regulations. This happened in 2001 based on a gentlemen’s agreement between FIFA and the European Commission. One of the points in that gentlemen’s agreement concerned the transfers of minors. The rules regarding this were laid down in art. 19 and 19bis RSTP. The purpose of the regulations was to prevent past abuses regarding the transfers of minors.
- Key points of the regulations
FIFA assumes a ban on international transfers of underage football players. Only players who are 18 years or older can be transferred to a foreign club. This strict rule can be explained by FIFA’s aim to create a stable environment for the education and training of young football players.
Art. However, 19 paragraph 2 RSTP contains 3 exceptions to the above principle.
a) The parents rule
Firstly, an international transfer of an underage footballer is permitted if his parents move abroad for reasons not related to football. FIFA emphasizes that the term “parents” must be interpreted strictly. It is not enough that a player can live abroad with a family member. Underage players who move without their parents or whose parents move with a view to the player’s transfer may not be registered by the national football association of the country concerned.
b) The EU rule
Subsequently, art. 19 paragraph 2 RSTP is an exception that only applies within the EU. Particularly when a player is at least 16 years old, an international transfer can take place if the acquiring club meets certain substantive conditions in terms of training and education.
The new club must be able to train a player in technical football according to the highest national standards. The club must also ensure that a player can further develop academically. Finally, the club must guarantee good accommodation for the player. It is up to the acquiring club to prove that these conditions have been met at the time of the player’s registration.
c) The 50 + 50 rule
A player who lives at a maximum of 50 km from a national border can be transferred to a foreign club that also has its registered office at a maximum of 50 km from the same national border. The distance between the player’s place of residence and the club shall not exceed 100 km. The player must continue to live at home and the national football associations of both countries must explicitly agree. This exception is based on the idea that in certain cases a foreign club is located closer to the player’s place of residence than the nearest domestic club.
- Competent bodies and possible sanctions
The national football associations are responsible for monitoring compliance with art. 19 RSTP by the clubs. They will, among other things, be given the authority to investigate on site whether a club is respecting the regulations in question.
In addition, FIFA has established a subcommittee within FIFA Players’ Status Committee, that every transfer involving an underage footballer must be approved before a club can apply for an international transfer certificate.
Clubs and agents who participate in transfers of underage footballers without respecting the rules risk disciplinary sanctions, set out by FIFA Disciplinary Code. These can be imposed by both the national football associations and FIFA Disciplinary Committee
The articles mentioned can be consulted here: link