Banned from next two transfer windows

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Banned from next two transfer windows

Post by M99 on Wed Apr 02, 2014 1:10 pm

www.fifa.com/aboutfifa/organisation/news/newsid=2313003/

The FIFA Disciplinary Committee has sanctioned the Real Federación Española de Fútbol (RFEF) and Spanish club FC Barcelona for breaches relating to the international transfer and registration of players under the age of 18.

The sanctions follow investigations initially conducted by FIFA Transfer Matching System GmbH (FIFA TMS) over the course of last year and subsequently by the FIFA Disciplinary Committee as part of disciplinary proceedings. The RFEF and FC Barcelona were found to have violated several provisions concerning the international transfer and first registration of non-Spanish minors with the club, as well as other relevant regulations with regard to the registration and participation of certain players in national competitions. The investigations concerned several minor players who were registered and participated in competitions with the club over various periods between 2009 and 2013.

Currently, the main provision relating to the protection of minors in the context of international transfers is art. 19 of the Regulations on the Status and Transfer of Players (the “Regulations”). According to art. 19, international transfers of players are only permitted if the player is over the age of 18. However, the same article stipulates that international transfers of minor players are permitted under three limited circumstances, and such exceptions may only be granted after evaluation by the sub-committee of the Players’ Status Committee.

In this respect, the Disciplinary Committee emphasised that the protection of minors in the context of international transfers is an important social and legal issue that concerns all stakeholders in football. Above all, the committee highlighted that while international transfers might, in specific cases, be favourable to a young player’s sporting career, they are very likely to be contrary to the best interests of the player as a minor. On the basis of this analysis, the committee concluded that “the interest in protecting the appropriate and healthy development of a minor as a whole must prevail over purely sporting interests.”

The Disciplinary Committee underlined that FIFA takes the protection of minors in football very seriously. The protection of minors is one of the key principles included in the agreement concluded between FIFA, UEFA and the European Commission in 2001. The Disciplinary Committee acknowledged that young football players are vulnerable to exploitation and abuse in a foreign country without the proper controls. This particular fact makes the protection of minors in football by the sport’s governing bodies, especially by FIFA, even more important.

With regard to the case in question, FC Barcelona has been found to be in breach of art. 19 of the Regulations in the case of ten minor players and to have committed several other concurrent infringements in the context of other players, including under Annexe 2 of the Regulations.

The Disciplinary Committee regarded the infringements as serious and decided to sanction the club with a transfer ban at both national and international level for two complete and consecutive transfer periods, together with a fine of CHF 450,000. Additionally, the club was granted a period of 90 days in which to regularise the situation of all minor players concerned.

With regard to the RFEF, the Disciplinary Committee determined that the association had also violated art. 19 of the Regulations and other provisions in the context of the transfer and first registration of certain minor players. In this respect, the RFEF was sanctioned with a fine of CHF 500,000 and granted a period of one year in which to regularise their regulatory framework and existing system concerning the international transfer of minors in football.

In addition, the RFEF and the club were issued with a reprimand in accordance with art. 14 of the FIFA Disciplinary Code.

The web-based Transfer Matching System (TMS) became mandatory for all international transfers of professional male players within the scope of eleven-a-side football in October 2010. As early as 2009, the use of TMS was obligatory in all applications for a first registration of a minor or an international transfer involving a minor in accordance with art. 19 of the Regulations.

FIFA TMS, founded as a FIFA subsidiary in 2007, established a compliance programme in 2010 to ensure that all international transfers of professional football players are conducted through TMS in accordance with the Regulations, and to control the integrity of club and association behaviour and data in TMS. Cases involving violations of the Regulations, in particular Annexes 2 and 3, are identified and investigated and, where applicable, are then forwarded to the FIFA Disciplinary Committee for evaluation and decision. FIFA TMS monitors transfer activity using internally-developed market intelligence, external sources and information received from the FIFA Players’ Status & Governance and Disciplinary & Governance departments.

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Re: Banned from next two transfer windows

Post by shinigami99 on Wed Apr 02, 2014 3:29 pm

we're so screwed

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Re: Banned from next two transfer windows

Post by alexjanosik on Wed Apr 02, 2014 5:02 pm

if the allegations are true,I hope we dont appeal.If we did wrong,then we deserve to be punished.
Does this apply to on loan players?can Deulofeu and Rafinha be brought back?

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Re: Banned from next two transfer windows

Post by windkick on Wed Apr 02, 2014 5:13 pm

Is this Rossell's doing?! jesus....

I think we can manage a season by promoting a CB and slugging it out with Masch one more year and brining in Rafinha and Deulofeu to the mix. We still have Afellay and Cuenca and Bojan is coming back if neccassary

But the GK position, we are screwed if Valdes does leave. Is Oier any good? He never plays so I have no clue, he might be better than Pinto if given the chance.

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Re: Banned from next two transfer windows

Post by BarrileteCosmico on Wed Apr 02, 2014 5:14 pm

Alex we will appeal because we are allowed to sign players while the appeal is open. So we will appeal in the summer, splurge like an Arabian club and then not sign anyone for the next year and a half.

This kind of thing seemingly happens all the time, we have certainly been doing it for longer than the time pointed out. I wonder why they only choose to enforce it now.

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Re: Banned from next two transfer windows

Post by BarrileteCosmico on Wed Apr 02, 2014 5:15 pm

It's not Rosell, this is done 2009...

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Re: Banned from next two transfer windows

Post by windkick on Wed Apr 02, 2014 6:52 pm

http://espnfc.com/news/story/_/id/1772155/marc-andre-ter-stegen-set-borussia-moenchengladbach-exit-barcelona-ban?cc=5901

According to the last paragraph from Ter Stegens agent, the paperwork is already signed so he is hinting that since his agent signed prior to the ban that he should still be allowed to join us.

Thank god. Too bad we didnt sign some defenders

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Re: Banned from next two transfer windows

Post by eelir on Wed Apr 02, 2014 7:07 pm

The problem is this started in 2009, but Rosel did not stop. So if we signed too many players under 18 in 2009, Rosel should have stopped, so it might be everyone's fault. Such a bad publicity after such a great period. I would have preferred if the team turned into ManUnit. than have all these contraversies.
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Re: Banned from next two transfer windows

Post by rwo power on Wed Apr 02, 2014 7:18 pm

I'm pretty sure that the transfer of Marc-André ter Stegen is completed with signature and everything as BMG's Max Eberl is a very cautious guy and wouldn't have signed Yann Sommer for a considerable amount of money (at least for BMG) if he wasn't 100% sure that he'd get the money for MAtS.

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Re: Banned from next two transfer windows

Post by sportsczy on Wed Apr 02, 2014 7:30 pm

the signature is not the important part... it's the effective date of the contract and/or when the consideration is get paid. If the contract is signed AND the fee paid already, then it's highly probably that it's fine. But if it's just a signature and no consideration has been given... then it's murky.

See the comments by Ter Stegen and his agent on the general board.

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Re: Banned from next two transfer windows

Post by rwo power on Wed Apr 02, 2014 7:49 pm

@sportsczy wrote:See the comments by Ter Stegen and his agent on the general board.
I saw the original German comments and from there the agent sounded as if the contract was already a done deal.

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Re: Banned from next two transfer windows

Post by Hapless_Hans on Wed Apr 02, 2014 8:18 pm

@windkick wrote:http://espnfc.com/news/story/_/id/1772155/marc-andre-ter-stegen-set-borussia-moenchengladbach-exit-barcelona-ban?cc=5901

According to the last paragraph from Ter Stegens agent, the paperwork is already signed so he is hinting that since his agent signed prior to the ban that he should still be allowed to join us.

Thank god. Too bad we didnt sign some defenders

but how could he have signed? In winter then, right?

I honestly think the Ter Stegen deal is not done and dusted at all, probably some pre-contract agreements in place etc, and now they don't know at all what is going on and are trying to save what can be saved...

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Re: Banned from next two transfer windows

Post by rwo power on Wed Apr 02, 2014 8:24 pm

Although I just stumbled over a SportBILD article which said the completely contrary now: http://sportbild.bild.de/fussball/international/international/barca-beben-was-wird-aus-ter-stegen-35335864.sport.html

Maybe SportBILD decided to post total opposite stuff so that they can claim in the end "We knew what would happen", no matter what will happen in the end...

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Re: Banned from next two transfer windows

Post by Donuts on Wed Apr 02, 2014 9:47 pm

well.. worst case scenerio, we convince Valdes to stay for another year seeing as he is fully injured shouldn't be too hard.

keep puyol...

bring back rafinha.

all three main concerns covered but just barely.

in Bartra / Deulofeu / Rafinha / Valdes / Puyol I trust Sad..

...gg

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Re: Banned from next two transfer windows

Post by eelir on Wed Apr 02, 2014 10:11 pm

The club is saying "we don't need to sign a CB" for three years now. It came to bight their ass hard.

A clear example how the management can destroy a great team.
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Re: Banned from next two transfer windows

Post by CBarca on Wed Apr 02, 2014 11:17 pm

So...how many other clubs are doing this?

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Re: Banned from next two transfer windows

Post by BarrileteCosmico on Wed Apr 02, 2014 11:18 pm

The club has officially responded to the allegations:

http://www.fcbarcelona.com/club/detail/article/official-statement-from-fc-barcelona-on-the-sanction-imposed-by-fifa-s-disciplinary-commission

FC Barcelona wrote:According to the official statement released by FIFA, the Royal Spanish Football Federation has also been sanctioned the transfer of international minors.
The statute that FCB allegedly infringed upon is intended to protect minors from the actions of sports clubs that incorporate players without ensuring the required attention necessary for proper development, FCB itself does guarantee the development of its players through the model of La Masia.
La Masia’s model incorporates educational training programs, accommodation, meals, medical care, attention to the needs of children and sports development plans. FCB forms people before athletes, a fact that has not been considered by FIFA, which applies a penalty criterion that ignores the educational function of our training program.
All FCB players have always had their federal licenses as required by the respective federations. All of them at all times.
Some of the players affected by FIFA’s ruling have even been called up by the Catalan Football Federation to participate in the regional championships with the Catalan team.
Since this process was started by FIFA, the federation licenses held by the affected players have been withdrawn and they have not featured in official matches. Thus, there has been no non-regulatory participation in athletic endeavours by any of the aforementioned players.
FC Barcelona has not breached any civil law and all children who train at La Masia are legal residents in the country.
Players whose federal licenses have been nullified by FIFA have had the option of continuing in the Club, which is committed to ensuring their education, in order to avoid social harm, despite the fact that they are banned from featuring for FCB.
No player of FCB is in an administrative irregular situation.
FCB has communicated the need to revise the regulations intended to protect minors on various occasions to FIFA. The intent is to make said regulations more effective.
FCB’s development model has always received the express recognition of FIFA, La Masia has always been used as an example of good practice.
FCB’s candidates for the Ballon d'Or is an example of FIFA’s recognition of our sports training and development procedures.
FCB’s training model aids the families of many players to integrate into society.
In Catalonia alone it is estimated that 15,000 underage players born outside of Spain and registered with their federation who, according to the criteria used in this case by FIFA, would have to be considered to be in a similarly unauthorised state.

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Re: Banned from next two transfer windows

Post by CBarca on Wed Apr 02, 2014 11:24 pm

FCB forms people before athletes, a fact that has not been considered by FIFA, which applies a penalty criterion that ignores the educational function of our training program.

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Re: Banned from next two transfer windows

Post by futbol on Wed Apr 02, 2014 11:28 pm

Weak justification. They're basically just saying "okay, we didn't follow the rules regarding age and borders, but we are really very nice to the kids and teach them well. Look at Xavi, Messi, Iniesta."

Yeah, that will hold up legally. Laughing

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Re: Banned from next two transfer windows

Post by windkick on Thu Apr 03, 2014 6:04 am

If the MaTs signing and the Croatian kid go through then we aren't in that bad of shape; considering our on loan players are returning. The defense unit will continue to be a mess though. A tired Masch/Pique from playing World Cup and Puyol leaving. Then you have Bartra and we likely play Song at CB (I want to throw up) instead of promoting Bagnak or Edgar le

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Re: Banned from next two transfer windows

Post by neuro11 on Thu Apr 03, 2014 6:45 am

Why are you so bothered about how to cover the positions if our ban is not removed. First of all its an utter shame, a huge scandal which is just another addition to our recent lists. Then you carry this shame for the period you are banned. So we are completely screwed there. What glory will it bring by covering the defense and mid with so called players and winning la liga while everyone will be mentioning our scandals throughout this period.
This is the way we fall so hard after such a glorious period.....

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Re: Banned from next two transfer windows

Post by windkick on Thu Apr 03, 2014 7:07 am

Well just cause of the scandal it doesn't mean we just have to take the shame of it and accept relegation or something. The show keeps going and the best way to move forward is to actually......move forward. The club is still important and we have to always think of ways to improve regardless of the situation.

And yes, I am completely disgusted by this and it's really humiliating and embarrassing. It's horrible. I really hope we hold re-elections, it will at least give the notion that we are trying trying to move past what is currently going on and it will help things a bit imo

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Re: Banned from next two transfer windows

Post by harhar11 on Thu Apr 03, 2014 1:27 pm

The law is the law, but I think that this rule causes more harm than good especially when it comes to a club like Barca, who also gives them an education. I mean, if you were a poor south american/african would you rather be starving in your home country or be in one of the biggest clubs and get a free education?

I understand that Fifa want's to stop child trafficking, but surely there is a better way than this rule, which might destroy the chance of having a good life?

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Re: Banned from next two transfer windows

Post by windkick on Thu Apr 03, 2014 3:14 pm

http://espnfc.com/news/story/_/id/1773209/alen-halilovic-transfer-barcelona-happen-fifa-ban-says-bosman-lawyer?cc=5901

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Re: Banned from next two transfer windows

Post by BarrileteCosmico on Thu Apr 03, 2014 11:42 pm

Bartomeu is such a clown, he talks about this as if it were an insult on Barca's values rather than a specific cause where Barca is clearly in the wrong. He has no legal arguments because we have none.

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