Domestic Training Compensation
Issued 10th December 2007
Definitions not contained hereunder but contained in the FAI Rules are incorporated into these Regulations.
The following terms and expressions shall unless the context otherwise requires have the following meaning;
Days: All days excluding Saturdays, Sundays and Public Holidays.
Professional: A Professional is a player who has a written contract with a club and is paid more than the expenses he effectively incurs in return for his football activity (FAI Rule 33.1(a)
Solidarity and Training Compensation: Payments made to cover the development of young players
Transfer For the purpose of these regulations rule 16 of the PA is considered a transfer
Article 1 - Scope of Regulations
1. These Regulations come into force on the 10th of December 2007 and will only apply to a change of status and subsequent transfers on or after that date. These Regulations will be subject to a review on the 1st of December 2008. These Regulations may also be subject to changes in accordance with any changes to FIFA Regulations.
2. These Regulations apply to the transfer of players between member clubs of the Football Association of Ireland and govern the system for domestic training compensation payments and solidarity contributions.
3. These Regulations are based on the FIFA Regulations for the Status and Transfer of Players and have been adapted for the domestic game and have been approved by FIFA. Article 1.2 of the FIFA Regulations for the Status and Transfer of Players states:
'The transfer of players between clubs belonging to the same Association is governed by specific regulations issued by the Association concerned in accordance with Article 1 par. 3'.... (of the FIFA Articles) 'which must be approved by FIFA. Such Regulations shall foresee rules for the settlement of disputes between clubs and players, in accordance with the principles stipulated in the FIFA regulations. Such Regulations should also foresee a system to reward the clubs investing in the training and education of young players'
Article 2 - Training Compensation
1. Domestic Training compensation shall be payable for training and education between the ages of 12 and 23. Training compensation shall be payable up to the age of 23 for training incurred up to the age of 21, unless it is evident that a player has already terminated his training period before the age of 21. In the latter case, Training Compensation shall be payable until the end of the Season in which the player reaches the age of 23, but the calculation of the amount payable shall be based on the years between 12 and the age when it is established that the player actually completed his training.
2. The obligation to pay Training Compensation is without prejudice to any obligation to pay compensation for breach of contract.
Article 3 - Payment of Training Compensation
1. Training Compensation is only due when a player is registered for the first time as a Professional before the end of the Season of his 23rd birthday.
2. The payment is due within 30 days of the player signing as a professional and is payable up to the end of the season of his 23rd birthday. The final season of this training may occur before the season in which the player had his 21st birthday if it is established that the player completed his training before that time.
3. Training Compensation is not due under any other circumstances.
Article 4 - Responsibility for Payment of Training Compensation
1. Training Compensation Payments must be paid directly to the Football Association of Ireland for distribution to training clubs in accordance with the players career
2. When a player is registering as a Professional for the first time, the club for which the player is being registered is responsible for paying Training Compensation to the Football Association of Ireland within 30 days of registration for distribution to every club for which the player was registered and that has contributed to his training starting from the season in which he had his 12th birthday.
3. The amount payable is calculated on a pro rata basis according to the period of training that the player spent with each club.
4. The deadline for payment of Training Compensation is 30 days following the registration as a Professional.
5. If a link between the Professional and any of the clubs that trained the player cannot be established, or if those clubs do not make themselves known within 18 months of the player's first registration as a professional, such percentage of this Training compensation shall be earmarked for grassroots football development programmes.
Article 5 - Training Compensation costs
1. Training Compensation is calculated at â‚¬500 per season of training. This payment will be on a pro rata basis to those clubs involved in the training of the player.
2. Accordingly, the first time a player is registered as a Professional, the Training Compensation payable is calculated by multiplying this sum by the number of seasons spent training from the Season of the player's 12th birthday to the Season of his 21st birthday. If a Former Club has the facilities to offer a contract but does not, no Training Compensation is payable unless the Former Club can justify that it is entitled to such compensation.
3. It is the responsibility of the new Club to calculate the amount of the Training Compensation and to furnish the Football Association of Ireland with the player's career history. The player shall, if necessary, assist the new Club in discharging this obligation by providing all required information
Article 6 - Solidarity Contribution
2. In the event a Professional is transferred before the expiry of his contract or moves to a new club in compliance with Rule 16 Schedule One of the FAI Participation Agreement, 10% of any compensation fee, paid to the transferring club, shall be deducted from the total amount of this compensation fee and paid to the FAI. The FAI shall distribute this compensation fee as a solidarity contribution to the club(s) that have trained and developed the player as an amateur on a pro rata basis.
3. Solidarity contributions shall be paid on a pro rata basis, based on the years of training that the player received from the club or clubs with which he was registered between the seasons of his 12th and 23rd birthdays in accordance with the players career history.
4. A solidarity contribution is payable throughout the entire career of the professional as long as transfer compensation is paid to the transferring club of the player.
5. Any amount paid as training compensation to the former club does not fall under the provisions of the solidarity mechanism, i.e. no solidarity contribution shall be deducted from the training compensation.
Article 7 - Responsibility for payment of Solidarity Contribution
1. Solidarity Contribution Payments must be paid directly to the Football Association of Ireland for distribution to training clubs.
2. The new Club shall pay the solidarity contribution to the Football Association of Ireland no later than 30 days after the player's registration.
3. It is the responsibility of the new Club to calculate the amount of the solidarity contribution and to furnish the Football Association of Ireland with the player's career history. The player shall, if necessary, assist the new Club in discharging this obligation by providing all required information.
4. If a link between the Professional and any of the clubs that trained the player cannot be established, or if those clubs do not make themselves known within 18 months of the player's first registration as a professional, such percentage of this Training compensation shall be earmarked for grassroots football development programmes.
Article 8 - Cascading Payments
1. A cascade payment of 5% will be deducted from any compensation received when an out of contract professional player leaves the jurisdiction and this money will be distributed to all those clubs that have trained the player as an amateur from 12 years of age onwards.
2. If a player leaves the jurisdiction during the course of his contract, Article 1 Annex 5 of the FIFA Regulations for the Status and Transfer of Players will apply
Article 9 - Disputes
1. The FAI Player Status Determination Group shall hear all disputes in relation to Domestic Training Compensation, Solidarity Contributions and cascade payments. They may review disputes concerning the amounts payable and shall have discretion to adjust any payment amount if it is clearly disproportionate to the case under review under this groups terms of reference.
2. The FAI Player Status Determination Group shall not hear any case subject to these regulations if more than two years have elapsed from the event giving rise to the dispute. Application of this time limit is shall be examined ex officio in each individual case.