Article 19.1 of the RSTP provides the general prohibition of the international transfer of players under the age of 18. However, among the exceptions to the rule, Article 19.2(b) of the FIFA Regulations on the Status and Transfer of Players (“RSTP”), players aged 16-18 could transfer within the territory of the EU or the EEA, in compliance with the EU principle of ‘free movement of people’.
With Brexit, the UK will no longer form part of the “territory of the EU/EEA” and therefore clubs will be unable to benefit from the exemption which allows them to sign minors from the EU aged 16-18.
Notwithstanding the position at question 1 above, FIFA have recently announced a ‘Brexit exemption’ in the form of Article 19.2(b)(ii) of the RSTP, which states that players aged between 16-18 can transfer “between two associations within the same country”. This would enable players from the four UK football associations – England, Wales, Scotland and Northern Ireland – to transfer between each other from the age of 16 onwards.
In 2019, the UK and Republic of Ireland negotiated the terms of a ‘Common Travel Area’ (“CTA”) between the two countries, giving Republic of Ireland nationals the right to travel to, live and work freely in the UK, post-Brexit.
However, this arrangement does not apply to the transfer of 16-18 year old players from the Republic of Ireland. This is because such transfer:
- Would qualify as an ‘international transfer’ for the purposes of the RSTP; and
- Would not fall within the ‘Brexit exemption’ as the Republic of Ireland does not form part of the UK.
However, with the Republic of Ireland being members of the EU, 16-18 year old Irish nationals would still be able to benefit from the ‘EU exemption’ by transferring to clubs within the EU/EEA.
No. Players aged 18 and over from the Republic of Ireland do not require a GBE.
This is because Irish nationals have the right to work in the UK under the terms of the CTA. It is just that the FIFA provisions relating to the international transfer of minors restrict the transfer of Irish nationals aged 16-18.
The 2021 GBE Rules also clarify that they are applicable to “any player who is not a citizen of the UK or Ireland….”.
