The BackPage Weekly | UEFA’s Homegrown Player Rule and EPL Visas
Written by Kieran Mercer and Daniel Geey
On 9th March, Advocate General (AG) Szpunar delivered his CJEU Opinion calling into question the compatibility of aspects of UEFA’s homegrown player (“HGP”) rule with Article 45 TFEU. The Opinion emanated from a dispute between SA Royal Antwerp FC and the Belgian Football Association regarding the implementation of UEFA’s rules on squad composition, the former arguing that the HGPR contravenes EU free movement principles. In this week’s BackPage Weekly, we assess the Szpunar Opinion and what it may mean for the evolution of squad training and selection criteria at national and European levels.
⚽ Homegrown Player Rule
There are domestic and European HGP rules. For example, the UEFA HGP rules state that clubs competing in UEFA competitions must include eight HGPs in their 25 player squads.
Crucially, there is no direct nationality requirement for HGPs (i.e., the rule is based on where the player trains rather than their place of birth).
The Premier League introduced its own HGP rules in time for the start of the 2010/11 season. The Football League has similar regulations. There is an important distinction between the rules, however.
The UEFA HGP rules state that four of the designated squad players have to be ‘club-trained’ and four must also be ‘association-trained’. A club-trained player is a player who, regardless of where he was born, is registered between the ages of 15 and 21 with his current club for a period of three entire seasons or 36 months. An ‘association-trained’ player is similarly defined but trained with another club in the same association. The EPL and EFL HGP rules do not distinguish between association- and club-trained, meaning ‘homegrown’ is defined as anyone registered with the English or Welsh Football Associations for three seasons or 36 months before a player’s 21st birthday.
The rules mean that players may be more attractive because they can qualify as a HGP for the relevant EP, EFL and UEFA squad lists, meaning that they may attract a transfer fee premium. When a club does not fill their HGP squad quota, this reduces the squad number that can be submitted.
⚽ Szpunar’s Opinion
AG Szpunar in part accepted that the UEFA HGP rule does achieve the aim of encouraging the training and recruitment of young players. However, he took issue with the “general coherence” of the current definition of a HGP rule which, in recognising training periods undertaken with clubs in the same country, is thought to encourage elite clubs to buy HGPs from smaller clubs (association trained players) instead of developing their own talent. This therefore undermined the local training objective and diluted the potential benefits to competition. This may lead to a stricter club-only HGP rule which was broadly welcomed by UEFA[1].
The HGP rule can however lead to several anomalies. Cesc Fàbregas was born in Spain, trained at a young age at the Barcelona academy and played for the Spanish national team. However, he qualified as an English HGP because he trained at Arsenal between 15-21. When he moved to Barcelona, he was not classed as an HGP in the Barcelona squad. Training with Arsenal during the relevant qualification period meant that under the UEFA HGP rules he was ‘English home-grown’. Conversely, England international Eric Dier does not count as English homegrown for Spurs because he trained with Sporting Lisbon in Portugal and was effectively homegrown Portuguese.
Why UEFA might have to tighten its homegrown player rule
⚽ Domestic application, the Governing Body Endorsement system and Independent Football Regulator
Whilst the HGP rule foundations are not based on nationality, the FA has overall responsibility for putting place a work permit system for relevant English and Welsh clubs. Such a Governing Body Endorsement (GBE) system has always been based on nationality restrictions. Pre-Brexit, due to EU free movement principles, any EU worker could simply show their passport as a means to work for an EPL or EFL club. Post-Brexit the FA provides a GBE gateway for all players (including EU workers) to apply for a work visa based on a set of qualitative criteria[2].
The English FA’s rationale when introducing the HGP rule was to increase opportunities for young English players and to facilitate stronger competition for the national team. The same rationale applies when assessing the GBE criteria. Interestingly, reports this week suggest that there is significant friction between the FA and EPL on whether the rules should be tightened or relaxed[3]. The FA wants to encourage more national born players to make it into matchday squads and the EPL want less bureaucracy when buying players that require visas.
Premier League chief blames Brexit for pushing up transfer fees
The EPL has argued that the effect of the current visa system is to undermine English clubs’ transfer purchasing power; they can no longer acquire young talent and instead must pay a premium to their foreign counterparts when players are established performers thus eroding English footballs’ financial advantages. Alongside its intention to establish an Independent Football Regulator (the financial implications discussed here), the government has announced it will review the existing GBE visa scheme, balancing the need to support the development of domestic players with the desire to attract the best from overseas.
⚽ Conclusion
Whilst AG Szpunar’s Opinion is not binding, his analysis carries significant weight and is likely to be followed when the CJEU publishes its Decision in the coming months.
The issue of nationality continues to a thorny issue for clubs, leagues and players alike. Whilst the UEFA HGP rule may soon be narrowed to only include club trained players, nationality considerations are at the very heart of the debate in the English game right now. The FA wishes to tighten GBE visa opportunities to give local talent the best chance of flourishing. Any liberalisation of the GBE system will no doubt please clubs but will inevitably come at a cost to young domestic players who could face increased competition for playing time.
[1] UEFA welcomes Opinion of CJEU Advocate General on homegrown players rule | Inside UEFA | UEFA.com
[2] See https://www.danielgeey.com/done-deal-blog/five-key-takeaways-from-the-post-brexit-fa-work-permit-rules
[3] See https://www.skysports.com/football/news/11095/12833251/rob-dorsett-q-a-why-the-fa-and-premier-league-fundamentally-disagree-over-rules-for-international-players