EU to probe MFA limit on overseas players

The European Commission is to investigate the restriction imposed in Malta on the number of non-Maltese EU players allowed to play with Premier League football teams, saying the rule appears to go against EU law concerning freedom of movement.

The issue was raised in the European Parliament by Nationalist MEP Simon Busuttil after he received complaints about the matter.

The Malta Football Association requires that there should be a minimum of eight "home grown" players on the field during a football match in the Premier League. In practice, this means that no more than three players from other EU member states can be playing in a match at the same time. "Home grown" refers to those players who are the product of a local nursery.

Dr Busuttil asked the Commission whether it considers this requirement to be incompatible with the principle of freedom of movement of workers in the EU and discriminatory on the basis of nationality - and, therefore, illegal.

He also asked whether the Commission considers the requirement to be incompatible with the Bosman ruling of the European Court of Justice and with subsequent jurisprudence.

Employment Commissioner Vladimir Spidla replied that the Maltese rules "seem to be in contradiction with Community law as interpreted by the Court of Justice in the Bosman and subsequent judgments and in particular Article 39 of the EC Treaty".

He said there existed the risk of "indirect discrimination" based on nationality, since more players trained in the country would have the nationality of this country than players coming from another member state. The latter would be penalised as far as their right to free movement and equal access to a professional club were concerned.

He said the Commission would make inquiries with the Maltese authorities. "These enquiries will, in particular, aim at checking whether the Maltese state exercises in any way control or supervision of the Maltese federation."

In its reply the Commission noted that it was up to any potential complainant to go before the competent national court to ensure that (s)he can enjoy the benefit of the rights guaranteed by Article 39 of the Community laws.

According to the Commission, Community rules on the free movement of workers also apply to sportsmen, as confirmed by the Court of Justice in particular in its Bosman ruling.

The Bosman ruling carries the name of Belgian footballer Jean-Marc Bosman, who had taken his club before the European Court in 1990. The subsequent ruling gave a new dimension to European football, specifying freedom of movement rules in this sector.

The court held in its judgment that Article 39 of the EC Treaty precludes rules which limit the number of professional players from other member states who can play in football competitions.

It also held that this article applies to rules laid down by associations such as FIFA or UEFA.

Asked for his reaction, Dr Busuttil told The Times that he looked forward to the Commission's investigation and its early conclusion.

"I had already expressed myself on this issue on much the same lines as the Commission. I had looked into this matter after having received several complaints from people claiming that the MFA is in breach of EU rules.

"From the Commission's reply, it appears that the concerns were legitimate. I think the MFA should appreciate that it too must play by the rules of the game."