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Brexit vote: what does it mean for professional sport in the UK? Brexit vote: what does it mean for professional sport in the UK?
(35 minutes later)
So the votes are in. Britain’s status as a member of the European Union is now on borrowed time after the victory for Brexit campaign. But what could that mean for professional sport in the United Kingdom? So the votes are in. Britain’s status as a member of the European Union is now on borrowed time after the victory for the Brexit campaign. But what could that mean for professional sport in the United Kingdom?
Article 50 of the Treaty on European Union establishes the procedures for a member state to withdraw from the EU. Once that is invoked, Britain will have a two-year window in which to negotiate a new treaty to replace the terms of EU membership.Article 50 of the Treaty on European Union establishes the procedures for a member state to withdraw from the EU. Once that is invoked, Britain will have a two-year window in which to negotiate a new treaty to replace the terms of EU membership.
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According to Paul Shapiro, an associate at law firm Charles Russell Speechlys, that means the real effects could take some time to filter through, although he predicts a significant impact on various issues from the increased cost of transfers (West Ham’s €40m offer to buy Marseille’s Michy Batshuayi was worth £31m on Thursday but now already equates to more than £34m) to problems with work permits for players from EU countries.According to Paul Shapiro, an associate at law firm Charles Russell Speechlys, that means the real effects could take some time to filter through, although he predicts a significant impact on various issues from the increased cost of transfers (West Ham’s €40m offer to buy Marseille’s Michy Batshuayi was worth £31m on Thursday but now already equates to more than £34m) to problems with work permits for players from EU countries.
“While the focus of the UK’s withdrawal from the European Union is likely to be on the impact on the City and migration, the impact on the sports world could be significant,” said Shapiro.“While the focus of the UK’s withdrawal from the European Union is likely to be on the impact on the City and migration, the impact on the sports world could be significant,” said Shapiro.
“However, we will not know how significant this will be until we have a clearer idea of the terms the UK negotiates for its continued relationship with the EU. If the agreement with the EU includes broad free movement obligations, such as those currently in place with EEA members, the current position regarding the movement of players between the continent and the UK will most likely continue.“However, we will not know how significant this will be until we have a clearer idea of the terms the UK negotiates for its continued relationship with the EU. If the agreement with the EU includes broad free movement obligations, such as those currently in place with EEA members, the current position regarding the movement of players between the continent and the UK will most likely continue.
“If, instead, an agreement is reached which includes restrictions on the movement of persons and services, the impact on the sports world would be more significant. Firstly, English players may not be able to move to the continent freely and EU nationals could be subject to entry restrictions when seeking to play in England, if post- Brexit they are treated in the same way as current non-EU nationals.”“If, instead, an agreement is reached which includes restrictions on the movement of persons and services, the impact on the sports world would be more significant. Firstly, English players may not be able to move to the continent freely and EU nationals could be subject to entry restrictions when seeking to play in England, if post- Brexit they are treated in the same way as current non-EU nationals.”
At the last count, there were more than 400 players plying their trade in the top two divisions in England and Scotland, with the vast majority unlikely to pass the stringent work permit requirements introduced by the Football Association in March 2015. Previously, in order to qualify to play in the UK, players needed to have played in at least 75% of their country’s senior international matches over the previous two years. Within a few hours of the result being confirmed, the Premier League played down concerns that the competition could be adversely affected by the developments.
The new requirements state that non-EEA (European Economic Area) players will have to meet a minimum percentage of international matches played for their country over the previous 24 month period, as determined by that country’s Fifa world ranking – a model that is now likely to be extended to include players from EU countries as well. Freedom of movement, a principle central to the European project, has previously allowed players to earn a living in the UK without the need for a complicated work permit process. “The Premier League is a hugely successful sporting competition that has strong domestic and global appeal. This will continue to be the case regardless of the referendum result,” read a statement.
“There’s been a lot of talk about work permits and what is going to happen to Anthony Martial and some of these promising academy players,” said sports lawyer Jake Cohen. “Given the uncertain nature of what the political and regulatory landscape might be following the ‘Leave’ vote, there is little point second-guessing the implications until there is greater clarity.
“Clearly, we will continue to work with government and other bodies whatever the outcome of any process.”
Yet it may not take for those implications to become clear. At the last count, there were more than 400 players plying their trade in the top two divisions in England and Scotland, with the vast majority unlikely to pass the stringent work permit requirements introduced by the Football Association in March 2015. Previously, in order to qualify to play in the UK, players needed to have played in at least 75% of their country’s senior international matches over the previous two years.
The new requirements state that non-EEA (European Economic Area) players will have to meet a minimum percentage of international matches played for their country over the previous 24-month period, as determined by that country’s Fifa world ranking – a model that is now likely to be extended to include players from EU countries as well. Freedom of movement, a principle central to the European project, has previously allowed players to earn a living in the UK without the need for a complicated work permit process.
“There’s been a lot of talk about work permits and what is going to happen to Anthony Martial and some of these promising academy players,” said the sports lawyer Jake Cohen.
“But the reality is it seems very unlikely that current contracts will be affected immediately because it could still be two years before the UK leaves the EU.”“But the reality is it seems very unlikely that current contracts will be affected immediately because it could still be two years before the UK leaves the EU.”
Under the current rules, for example, Martial, Morgan Schneiderlin, Yohan Cabaye and N’Golo Kanté would no longer be eligible for a work permit having not featured in more than 45% of France’s matches since June 2014.Under the current rules, for example, Martial, Morgan Schneiderlin, Yohan Cabaye and N’Golo Kanté would no longer be eligible for a work permit having not featured in more than 45% of France’s matches since June 2014.
However, of more immediate concern for Premier League clubs is the fact that Brexit could also spell the end of the influx of teenage players from the European Union, who were previously considered as “homegrown” players who, irrespective of his nationality or age, “has been registered with any club affiliated to the Football Association or the Football Association of Wales for a period, continuous or not, of three entire seasons or 36 months prior to his 21st birthday”. Current Premier League rules state that clubs must include eight such players out of a squad of 25, with Chelsea’s Cesc Fàbregas among those whose status would change. However, of more immediate concern for Premier League clubs is the fact that Brexit could also spell the end of the influx of teenage players from the European Union, who were previously considered as “homegrown” players who, irrespective of nationality or age, have been “registered with any club affiliated to the Football Association or the Football Association of Wales for a period, continuous or not, of three entire seasons or 36 months prior to his 21st birthday”. Current Premier League rules state that clubs must include eight such players out of a squad of 25, with Chelsea’s Cesc Fàbregas among those whose status would change.
“British football clubs may find themselves only able to sign foreign players over the age of 18 as, outside the EU/ EEA, they would no longer be able to benefit from the exception under the current Fifa regulations given for transfers involving 16 and 17 year old footballers within the EU/EEA,” said Shapiro. “British football clubs may find themselves only able to sign foreign players over the age of 18 as, outside the EU/EEA, they would no longer be able to benefit from the exception under the current Fifa regulations given for transfers involving 16 and 17 year old footballers within the EU/EEA,” said Shapiro.
“If EU law ceases to apply in the UK, the organisers of sports competitions may be able to more effectively restrict the number of foreign players that feature in matchday squads as they could potentially include EU nationals and Kolpak players within any foreign player quota. Some governing bodies may see this as advantageous in that it would allow them to discriminate in favour of the development of English qualified players to the potential advantage of the national team whereas it could be damaging to leagues/clubs who would be less competitive in their ability to attract the best players from across the continent.” ‪ “If EU law ceases to apply in the UK, the organisers of sports competitions may be able to more effectively restrict the number of foreign players that feature in matchday squads as they could potentially include EU nationals and Kolpak players within any foreign player quota. Some governing bodies may see this as advantageous in that it would allow them to discriminate in favour of the development of English-qualified players to the potential advantage of the national team whereas it could be damaging to leagues/clubs who would be less competitive in their ability to attract the best players from across the continent.”
Cohen added: “When Paul Pogba came over to Manchester United from Le Havre that was only made possible because of the EU/EEA exception. There’s always been tension between the FA and the Premier League about the number of England-qualified players in the national team over that issue so it will be interesting to see how this effects that. Fifa are not going to negotiate a UK-specific rule as a result of the decision to leave the European Union.Cohen added: “When Paul Pogba came over to Manchester United from Le Havre that was only made possible because of the EU/EEA exception. There’s always been tension between the FA and the Premier League about the number of England-qualified players in the national team over that issue so it will be interesting to see how this effects that. Fifa are not going to negotiate a UK-specific rule as a result of the decision to leave the European Union.
“There are more than 70 kids currently playing for Premier League Under-18 teams who may find that suddenly they are no longer allowed to stay in the country. Some of these guys end up being top players.
“Then there are some players whose contracts are negotiated in euros – they certainly look a little better today.
But it’s not just the football industry that could feel the pinch. At present, there are estimated to be more than 70 cricketers employed by counties in England and Wales under the Kolpak agreement – named after a former Slovak handball goalkeeper who won his case against the German Handball Federation at European Court of Justice in 2003 to allow freedom of movement. As Stephen Vaughan, Gloucester’s chief executive, explained to the Guardian last month, the impact on rugby could be even more wide-reaching.
“If we were out of the EU, the Kolpak ruling would no longer apply here and we would have to lobby and explain how players could find themselves unemployed and how harder it would be for clubs to recruit players,” Vaughan said. “It is a great unknown that we are concerned about.”
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“There are more than 70 kids currently playing for Premier League under-18 teams who may find that suddenly they are no longer allowed to stay in the country. Some of these guys end up being top players.
“Then there are some players whose contracts are negotiated in euros – they certainly look a little better today.”
But it is not just the football industry that could feel the pinch. At present, there are estimated to be more than 70 cricketers employed by counties in England and Wales under the Kolpak agreement – named after a former Slovak handball goalkeeper who won his case against the German Handball Federation at the European court of justice in 2003 to allow freedom of movement. As Stephen Vaughan, Gloucester’s chief executive, explained to the Guardian last month, the impact on rugby could be even more wide-reaching.
“If we were out of the EU, the Kolpak ruling would no longer apply here and we would have to lobby and explain how players could find themselves unemployed and how much harder it would be for clubs to recruit players,” Vaughan said. “It is a great unknown that we are concerned about.”