Transfer Procedure. Agreement between the player and the new club as well as between the two clubs. Player is registered for the new club.
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- Adele Campbell
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1 Transfer Procedure Agreement between the player and the new club as well as between the two clubs. Player is registered for the new club. Club requests its national federation to grant the player eligibility to play. Request for an International Transfer Certificate by the receiving Federation to the releasing Federation (EHF form). At the same time, a copy of the transfer request shall be mailed to EHF. Payment of a transfer fee of 150 (non-contract player) or 750 (contract player) by the receiving Federation/club to the releasing Federation and to the EHF. (See IHF Regulations for International Transfers 7 and EHF Rules of Procedure for Transfers 3.1). Within 30 days from the date of the request the releasing Federation shall either submit the Transfer Certificate or give material reasons to the receiving Federation (copy to the EHF) for not issuing the Transfer Certificate. If the releasing Federation does not issue the Transfer Certificate and the receiving Federation does not accept the reasons given therefore, the receiving Federation may request the EHF to issue the Transfer Certificate. If there is no answer within 30 days, the receiving Federation may request the EHF to issue the Transfer Certificate. The EHF shall decide on the issuance of the Transfer Certificate as the body of 1 st instance. (See also List of Penalties relating to the Arbitration Regulations of the EHF 2.4) Issuance of the Transfer Certificate by the EHF either as a consequence of the Transfer Certificate submitted by the releasing Federation or as a consequence of an EHF decision as a body of 1 st instance. Please note:! A special procedure applies to players with education compensation! Please see: Procedure for Transfers with Education Compensation May 2006
2 Procedure for Transfers with Education Compensation Agreement between the player and the new club as well as between the two clubs. Player is registered for the new club. Club requests its National Federation to grant the player eligibility to play. Request for an International Transfer Certificate by the receiving Federation to the releasing Federation (EHF form) with copy to the EHF. Payment of a transfer fee of EUR 750 each by the receiving Federation/club to the releasing Federation and to the EHF. (See IHF Regulations for the Transfer between Federations 7 and EHF Rules of Procedure for Transfers 3.1). Within 30 days from the day of the request, the releasing Federation shall either submit the Transfer Certificate or give material reasons to the receiving Federation (copy to EHF) for not issuing the Transfer Certificate. In addition to the general matters of the Transfer, the Federations/clubs involved should agree upon education compensation. If the releasing Federation does not issue a Transfer Certificate and the receiving Federation does not accept the reasons given, the receiving Federation may request a decision from the EHF. If there is no answer within 30 days, the receiving Federation may request the EHF to issue the Transfer Certificate. The EHF shall decide on the issuance of the Transfer Certificate as the body of 1 st instance. (Please note that any dispute or discussion about education compensation is not regarded as a material reason for the nonissuance of the Transfer Certificate) In the case of a disagreement about education compensation or in case of non-payment of education compensation, the EHF will issue the Transfer Certificate in any case and deal with education compensation in a separate procedure. May 2006
3 Procedure in the Case of a Dispute / Disagreement over Education Compensation If there is no agreement between the two Federations concerned or their clubs on the amount of education compensation, the following procedure shall apply: The EHF will issue the Transfer Certificate in any case and handle the question of education compensation in a separate procedure. Starting from the day of the issuance of the Transfer Certificate by the EHF, the two parties involved shall be allowed a period of 30 days to finally come to an agreement on education compensation. If the two parties come to an agreement, the matter will be closed. If the two parties do not come to an agreement within the period of 30 days, they have the right to submit the case to the EHF for decision by the EHF as the body of 1 st instance. Submission of the case to the EHF by either party automatically results in an administration fee of 1,000 being charged. Any reduction is subject to a decision of the EHF. Payment of the administration fee is the responsibility of the club/federation concerned which submitted incorrect information during the procedure. The actual amount payable shall be fixed by the body of 1 st instance passing the decision about education compensation. Appeals against decisions of the body of 1 st instance may be submitted to the EHF Court of Appeal as the body of second and final instance against payment of an administration fee of 750. May 2006
4 IHF PLAYER S ELIGIBILITY CODE
5 IHF PLAYERS ELIGIBILITY CODE 1. Basic principles All handball players shall be subject to the Player Eligibility Code of the International Handball Federation (IHF). Member federations may issue player eligibility regulations, provided these do not contradict IHF regulations. 2. Player status Players in national federations under the International Handball Federation are either a) non-contract players or b) contract players, including professionals 3. Non-contract players 3.1. Players without a written contract between themselves and their club or federation, and who are not paid compensation over and above the customary costs of game participation, shall be termed non-contract players Customary costs, which all players may receive without affecting their player status, shall be in the form of travel and accommodation expenses in connection with a match, sports clothing, insurance and training participation. Financial contributions which are not related to any customary costs shall in principle be regarded as remuneration for the player s services as a handball player. 4. Contract players 4.1. Each player receiving payment over and above the re-imbursements mentioned in (3) is a contract player. A written agreement/contract, defining the rights and duties of the parties involved, shall be concluded National federations shall generate a central register of contract players within their jurisdiction by 31 December of each year Every national federation shall provide a central register of all contract players to their continental federation concerned by 28 February of each year. The continental federation shall record the contract players and communicate a complete list to the IHF by 31 March The IHF or the continental federation concerned has the right to determine the status of a player by itself. The respective request may be forwarded by the national federation, a club or a player The agreement/contract between the player and the club shall include all details that rule the mutual rights and duties and shall be valid for a concrete period of time.
6 The details mentioned in the specimen contract (see Regulations IV) can be considered elements of an agreement/contract between the a player and a club. The parties involved are free to rule further details in the respective agreement/contract which must not contravene the specimen contract In case of disputes, a copy of the contract shall be made available to the IHF or the continental federation concerned, if required National federations may add their own provisions to their player contracts, so long as they do not contradict this Player Eligibility Code. 5. Professional players 5.1. Professional players are defined as players whose livelihood is derived from playing handball In addition, the provisions of (4) shall apply. 6. Eligibility to play 6.1. Only players eligible to play may take part in games and competitions announced by the national federation concerned The national federation may confirm eligibility a) if a member club of a national federation has previously conferred unlimited eligibility on the player in question, b) if, in the case of a transfer from one federation to another, the player is in possession of an International Transfer Certificate (see Regulations for Transfer between Federations) 6.3. The national federation may confirm the eligibility to play in cases 6.3.a) and 6.3.b) only after the receipt of the corresponding written approval from the IHF or the continental federation concerned, a) if the player has refugee or asylum seeker status and a valid residence permit in the country of the national federation concerned, b) if the player has not been eligible to play in any national federation for the previous 24 months. 7. National players National team players shall meet the following conditions: a) Citizenship of the country concerned. b) They shall not have played in the national team of another country in the three years preceding their first appearance in the national team. Players, who have already obtained from the IOC the eligibility to play at Olympic Games before the end of the three-year period, are afterwards automatically eligible to play at competitions of the International Handball Federation.
7 c) They shall have been eligible to play for the country in question for no less than the previous twelve months. 8. Participation in Olympic Games Participation in the Olympic Games shall be subject to the IHF s and the International Olympic Committee s eligibility codes Players participating in the Olympic Games a) shall respect the spirit of fair play and inviolability and act accordingly, b) shall use no illegal substances or make use of illegal applications as set forth by IOC and International Handball Federation regulations, c) shall observe the stipulations of the IOC Medical Code and act accordingly For the duration of the Olympic Games, players taking part in the Olympic Games shall not permit their persons, names, visual representation or performance to be used for advertising purposes There shall be no connection to financial compensation of any kind regarding a player s registration or participation in the Olympic Games. 9. Suspensions Suspensions imposed by the IHF or a continental federation shall also apply to games within member federations during the period of the suspension.
8 REGULATIONS FOR TRANSFERS BETWEEN FEDERATIONS
9 Basic principle 1 1. All handball players are subject to the Regulations for Transfer between Federations of the International Handball Federation (IHF) as well as those of the continental federation concerned. 2. Every national federation shall organise its internal transfer procedures by issuing regulations. A federation's internal transfer regulations shall, however, not stand in contradiction to the IHF Regulations for Transfer between Federations and supplementary regulations issued by continental federations. 3. Within the context of these Regulations, a transfer between federations is a player's transfer from one IHF member federation to another IHF member federation. 4. (only existent in the German version) 5. Within the context of these Regulations, the term "player" shall apply to both female and male players. International Transfer Certificate 2 1. Every player has the right, as a matter of principle, to inter-national transfer between federations, provided that such a transfer does not violate any other provisions of these Regulations. 2. Any transfer between federations shall be valid only upon issuance of a completed and legally signed official Inter-national Transfer Certificate that has been confirmed by the IHF (in case of transfers between continents) or the continental federation concerned (in case of transfers within a continent). 3. The official International Transfer Certificate shall be used when release to another federation is granted Any player who is or was eligible to play for another federation's club shall be granted eligibility to play for another federation's club only if the new federation is in possession of an International Transfer Certificate issued by the releasing federation concerned and confirmed by the IHF or the continental federation concerned. 2. The validity of an International Transfer Certificate shall not be limited to a certain period of time. Any clauses to such effect in an International Transfer Certificate shall be deemed null and void. Exceptions shall be permitted only in the cases named in For issuance of an International Transfer Certificate national federations shall charge fees or duties only as laid down by the IHF (for transfers between
10 continents) or the continental federation concerned (for transfers within a continent) The right to request the necessary International Transfer Certificate shall be reserved for the national federation one of whose clubs a player wishes to join. The request shall be addressed to the national federation being in possession of the transfer rights. On the same day, a copy of such request shall be sent to the IHF (in case of a transfer between continents) or to the continental federation concerned (in case of a transfer within a continent). 2. In case doubts arise which national federation is in possession of a player's transfer rights, the national federations have the right to request the IHF or the continental federation concerned for clarification. 3. The Transfer Certificate shall be issued not later than 30 days after receipt of the transfer request by the relevant releasing federation, provided that its issuance is not prevented by material reasons. 4. The releasing federation shall take into account any preexisting rights of any third federation. In such a case, a copy of the International Transfer Certificate shall also be provided to such third federation. 5. If, within a period of 30 days from the date of the request by the new receiving federation, the releasing federation which the player wishes to leave fails to issue an International Transfer Certificate or fails to give a material reason for its refusal, the new receiving national federation may request the IHF (in case of a transfer between continents) or the continental federation concerned (in case of a transfer within a continent) for issuance of an International Transfer Certificate on account of the expiry of the period stipulated. 6. Any reason for refusal named by the releasing national federation shall neither stand in contradiction to the IHF Regulations for Transfer between Federations nor to any additional provisions issued by the continental federations. 7. In respect of transfer requests sent by fax or the 30-day period shall commence on the day the transfer request is transmitted by the new receiving national federation. In respect of transfer requests sent by mail the 30-day period shall commence 7 days after posting of the transfer request by the new receiving national federation. 8. A copy of the International Transfer Certificate confirmed by the releasing national federation shall be provided to the national federation that requested the Transfer Certificate. Another copy of the International Transfer Certificate shall be delivered to the IHF (in case of a transfer between continents) or to the continental federation concerned (in case of a transfer within a continent). 9. Delivery of the confirmed International Transfer Certificate to the receiving federation and to the IHF or the continental federation concerned shall likewise be made within a period of 30 days from the date of the request.
11 10. The IHF or the continental federation concerned may instruct a federation to issue an International Transfer Certificate, or it may take a substitute decision and issue an International Transfer Certificate itself. In the latter case, the validity of such decision may be limited to a certain period of time. 5 The Transfer Certificate shall not be used as an instrument for imposing conditions and/or financial demands except in the cases regulated in When a player has been suspended in the releasing national federation or when disciplinary proceedings are pending against him, the releasing national federation may issue a Transfer Certificate provided that the date of release stated is not earlier than the first day after expiry of the suspension period. The acknowledgement of such a suspension requires the previous confirmation of the IHF, the continental or national federation concerned. 2. If the receiving national federation has doubts as to the legality of a player's suspension, it may request the IHF or the continental federation concerned for clarification A national federation may collect an administration fee set by the IHF or the continental federation concerned for the issuance of an International Transfer Certificate for players possessing and retaining the status of a non-contract player from the receiving club or federation. 2. A national federation may collect from the receiving club or federation an administration fee set by the IHF or the continental federation concerned for issuance of an International Transfer Certificate for players possessing or assuming the status of contract players. 3. A national federation may collect from the receiving club an administration fee set by the IHF or the continental federation concerned for issuance of an International Transfer Certificate for players possessing the status of a contract player and assuming the status of a non-contract player. 4. The IHF (in case of transfers between continents) or the continental federation concerned (in case of transfers within a continent) has the right to demand an administration fee from the receiving club or federation for the administrative handling of transfers of players in accordance with 7.1., 7.2 and The return of a player to his releasing federation after the end of a limited release (loan) shall be executed without charging any administration fees. In case a player returns to his federation before the end of the limited release (early return), the administration fees stipulated are due. 6. Prolongation of loans to the same receiving national federation shall be processed by the IHF or the continental federation concerned without charging any administration fees. Supplementary rules for contract players
12 8 A national federation may refuse issuance of an International Transfer Certificate if - the player wishing to leave the national federation has failed to fulfil his obligations under his contract with his current/previous club - a material reason relating to the transfer exists between the releasing club and the club of another federation with which the player intends to conclude or has concluded a contract. Reasons to be recognised as material - disagreement regarding the amount of transfer compensation to be paid by the receiving club to the releasing club - existing and confirmed suspensions or pending disciplinary proceedings. If issuance of an International Transfer Certificate is refused, a written statement giving material reasons for the refusal shall be provided to the receiving national federation and to the IHF or the continental federation concerned within 30 days from the date of the request (see 4). Contract players 9 1. Any player receiving compensation in excess of the costs named in Section 3 of the IHF Player Eligibility Code shall be in possession of a written contract with his club. Such contract shall be legally signed and define all of the contracting parties' rights and duties with legally binding effect. 2. Important constituents of any such contract as named in 9.1 are the duration of the contract (beginning and end) as well as provisions relating to termination of the contract by either party. 3. Every club shall, for each playing season, report the players it has under contract to its national federation by means of a form sheet by 31 December of each calendar year. Non-contract players concluding a contract during the season shall be reported to the national federation by the club within 7 days. 4. Every national federation shall send a central register of all contract players reported in the area it is in charge of to the continental federation concerned by 28 February of each year. Players concluding a contract during the season shall be reported to the continental federation by the national federation within 7 days. The continental federations shall record the contract players registered and communicate a complete list to the IHF by 31 March. Transfer possibilities 10
13 In principle, transfers of contract players may be carried out in three different ways. 1. Loan out of an existing contract This can be done as often as desired during the term of a contract, with transfer rights being retained by the releasing national federation. The contract between the club and the player remains in force during the period of the loan. Such loan shall be subject to the player's consent. 2. Transfer with the passing over of transfer rights Transfer with the passing over of transfer rights to the receiving national federation out of an existing, valid contract. Such transfers shall be subject to the consent of the releasing club, of the player and of the receiving club. 3. Transfer on expiry of a contract Transfer on expiry of a contract with the passing over of transfer rights to the receiving national federation. Transfer procedure When a contract is concluded between a player and a club of another federation, the new club shall have the obligation to contact the releasing club, which may be entitled to transfer compensation under these Regulations in combination with the respective specifications of the continental federation concerned and to notify it upon the conclusion of the contract. 2. The transfer request shall be presented by the receiving national federation to the relevant releasing national federation in writing. 3. At the same time, a copy of the transfer request shall be sent to the IHF (in case of a transfer between continents) or to the continental federation concerned (in case of a transfer within a continent). 4. The International Transfer Certificate confirmed by the releasing national federation shall be delivered to the receiving national federation as well as to the IHF or the continental federation concerned. 5. Only after receipt by the receiving national federation of the International Transfer Certificate confirmed by the IHF or the continental federation concerned shall the player be eligible to play for the receiving national federation, from the release date named in the International Transfer Certificate. 6. A national federation may refuse issuance of an International Transfer Certificate only in accordance with 6 and 8 of these Regulations. 7. A player may demand issuance of a transfer certificate through the national federation concerned even while he is under contract, if he proves by a judicial decision passed by a court of civil law or in another way, that the club has failed to fulfil its contractual obligations towards him.
14 8. In case an International Transfer Certificate is refused, the procedure pursuant to 8 shall apply If a player concludes two or more contracts for the same period of time (except in case of a loan), the legally signed contract first proclaimed to the national federation concerned shall be valid. 2. In such a case the IHF or the continental federation concerned will institute disciplinary proceedings. 3. A contract player has the right to conclude a new contract with a new club for the time after expiry of the contract with his current club. 4. A player shall not change his club as long as his contract is valid. An early alteration and/or termination of a contract shall be subject to an agreement in writing by the contracting parties. Loaning of a player Loaning of a player by a club to another club is deemed a transfer within the context of these Regulations. Therefore, an International Transfer Certificate has to be issued when a player leaves a national federation to join the national federation of the club to which he has been loaned. 2. After expiry of the loan period the player automatically returns to his original club which made the loan. 3. The terms of the loan of a contract player (duration of the loan, obligations associated therewith, etc.) shall be the object of a separate written agreement to be attached to the International Transfer Certificate as an annexe. A clause to this effect on the International Transfer Certificate is not allowed and therefore void. 4. There is nothing to prevent a further loan of a player already on loan unless otherwise provided by other clauses of these Regulations. 5. The duration of any loan shall not exceed the duration of the original contract remaining in effect between the player and his club. 6. In case of a loan the federation to which the player was loaned shall, at the end of the loan period, notify the IHF or the continental federation concerned, within 14 days from the end of the loan period, of any suspension imposed on the player concerned. Compensation 14 When a contract player concludes a contract with a new club, his previous club has the right to claim transfer compensation unless this matter is regulated
15 differently under international treaties or within specifications of the continental federation concerned If no agreement regarding the amount of the transfer compensation between the releasing club and the receiving club can be reached, the releasing federation/club may refuse the release of the player. This shall constitute a material reason for refusing the issuance of an International Transfer Certificate. 2. After a period of 12 months after expiry of the last contract between the player and a club the player automatically becomes a non-contract player. The transfer of such a player is subject to the clauses in these Regulations relating to non-contract players. Rules for non-contract players Upon expiry of a contract, a contract player may become eligible to play as a non-contract player. 2. A player gains the status of a non-contract player after a maximum period of 12 months following expiry of his last contract A player is a non-contract player within the context of these Regulations as long as the conditions set out in Section 3 of the IHF Player Eligibility Code are met and as long as the conditions set out in 9.1 of these Regulations are not met. 2. Players possessing and/or receiving the status of a non-contract player in the releasing federation and/or the receiving federation shall be transferred without any time limit. 3. In case of a transfer of a non-contract player the releasing club may claim transfer compensation only in such cases in which the player concerned had the status of a contract player in the releasing club differing regulations of the continental federation concerned prevail. 4. In case a player being transferred as a non-contract player (non-contract player within both the releasing and the receiving federation) signs a contract/an agreement within twelve months after the respective transfer, the club completing the corresponding agreement with the player is obliged to announce this completion to the national federation concerned within 14 days. The announcement concerning the completion of the contract shall accordingly be forwarded to the IHF or the continental federation concerned by the national federation concerned. In such cases, the transfer administration fees in accordance with 7.2. and 7.4. are due at the date of the completion of the contract. Any failures in announcing the completion of a contract in the said case shall be penalised in
16 accordance with the IHF Regulations and the Regulations of the continental federation concerned A club being left by a contract player is entitled to receive transfer compensation (cf. 15 of these Regulations), unless the player becomes a non-contract player in the federation in whose national team he is eligible to play differing regulations of the continental federation concerned prevail. 2. If a former contract player signs a new contract within 36 months after the end of a contract, the club which last had the player under contract shall have the right to claim transfer compensation. The amount of such compensation shall be defined on expiry of the last contract and be attached to the Transfer Certificate differing regulations of the continental federation concerned prevail. 19 If a club with which a player was last active as a contract player is in doubt regarding the player's status in his new club, that club has the right to request the IHF or the continental federation concerned for clarification and initiation of the necessary action. Release of players to national teams Players called to play in national teams shall meet the conditions set out in Section 7 of the IHF Player Eligibility Code. 2. A club having a foreign player under contract shall release such player to his national federation if he is called up to take part in activities of that federation's national team. 3. A club shall release a player to his national team in accordance with 20.2 as follows: 3.1. Olympic Games, world championships, continental championships Releases shall be limited to a period from 15 days prior to the beginning of the competition to 1 day after the end of the competition Qualification matches/tournaments for competitions named in 3.1. Releases shall be limited to a period from 2 days prior to the beginning of the playing period to 1 day after the end of the playing period Other activities of the national team Releases shall be limited to 15 days per season (including day of arrival and departure). 4. With respect to 20.3., national federations and the clubs concerned are free to agree otherwise in writing.
17 5. The dates of releases in accordance with 20.3 shall be communicated in writing to the clubs concerned and to the national federations concerned not later than 60 days prior to the beginning of the national team's activity. A copy of such an invitation to a national team activity shall also be sent to the IHF or the continental federation concerned. 21 A club releasing a national player in accordance with 20 shall not have any claim to compensation Provided that no other agreement has been made in writing, a federation calling up its player to national team activities shall bear that player's travel and accommodation costs. 2. The club for which the player is eligible to play shall take out insurance coverage for the player in the event of personal injury and resulting consequences for the period for which the player has been called to his federation's activities Should the federation so request, any player unable to follow his federation's call due to illness or injury may be examined by a physician selected by the inviting federation. 2. If a player does not follow a call to an activity by his federation in accordance with , he shall not be eligible to play for his club during a period from two days prior to five days after the relevant playing period. 3. If the player still plays for his club during such period, he shall, at the request of the national federation concerned, be suspended by the IHF or by the continental federation concerned, from playing in his club's matches for six months. 4. A club which, in violation of these Regulations, fails to release a player who is able to play and who is called up by his national federation, or prevents such a release, shall be penalised in accordance with the IHF's Regulations concerning Penalties and Fines and the disciplinary regulations of the continental federation concerned.
18 Administrative handling of transfers and disputes 24 Continental federations are entitled to include points ruling the definition, the rights and the duties of so-called player agents in their supplementary rules for transfer procedures The continental federation concerned shall be responsible for the administrative handling of disputes arising between federations, clubs and players of the continental federation. 2. The continental federation has the right to issue supplementary regulations based on these IHF Regulations. 3. The continental federation's disciplinary regulations shall have precedence. 4. The IHF shall be responsible for the administrative handling of transfers between continents and in the event of disputes arising between federations, clubs and players of different continents. The continental federations concerned shall be informed by copy. Validity 26 In the event that international treaties are existing or certain specifications are defined for the handling within the continental federations concerned, the respective treaties or provisions shall apply.
19 EHF RULES OF PROCEDURE FOR TRANSFERS
20 EHF RULES OF PROCEDURE FOR TRANSFERS (TRANSFER RULES) 1. Contents The EHF Transfer Rules regulate the orderly handling of transfers (between federations) of handball players within the area of the European Handball Federation. The EHF assumes responsibility for all transfers of contract players within Europe in accordance with the IHF "Player Eligibility Code" and the IHF Regulations for Transfer between Federations, including the administrative processing of transfers, recording of transfers in the EHF Players Database, custody of transfer certificates, confirmation and/or issuance of transfer certificates and settlement of disputes arising from transfers between Federations or issues associated with the release of players to national teams. The EHF keeps all transfer certificates of non-contract players on file and shall be responsible for the settlement of disputes arising in connection with transfers between Federations. 2. Principle The EHF Transfer Rules are based on the following regulations issued by the INTERNATIONAL HANDBALL FEDERATION and the EUROPEAN HANDBALL FEDERATION: IHF Player Eligibility Code (effective December 2004) IHF Regulations for Transfer between Federations (effective August 2005) EHF Arbitration Regulations (effective May 2006) Open matters and procedures shall be regulated in accordance with the EHF Statutes and Regulations. 3. Notes 3.1 Transfers within Europe shall be handled by the EHF Office in an administrative procedure. Transfer fees in accordance with the IHF Regulations for the Transfer between Federations 3.3 and 7.1, 7.2., 7.3. and 7.4. have been fixed as follows and shall be paid by the receiving Federation or its club: in the case of transfers of contract players: contract player to contract player contract player to non contract player non contract player to contract player Transfer fee to the releasing Federation Transfer fee to EHF EUR 750 per transfer EUR 750 per transfer in the case of non-contract players transferring as non-contract players: Transfer fee to the releasing Federation Transfer fee to the EHF EUR 150 per transfer EUR 150 per transfer
21 A non-contract player shall be eligible to play for his/her new Federation (receiving Federation) upon his/her release by the previous Federation (releasing Federation). The following procedure applies: 1. Transfer request to be filled in completely (official form is obligatory). 2. Proof of payment of the transfer fee of 150 each to the releasing Federation and to the EHF. 3. Transfer certificate (completely filled-in) to be sent to the EHF as well as to the receiving Federation (Note: no playing eligibility for the player at this stage). 4. Review of the transfer papers and input into the EHF Player Database by the EHF. 5. Confirmation of transfer certificate by the EHF and dispatch to the releasing and receiving Federations (It is only upon receipt of a confirmed transfer certificate that the player is eligible to obtain the national playing license within the receiving Federation) In the case of a transfer where a non-contract player changes his/her status to contract player within a period of 12 months (i.e. previously non-contract player in both the releasing and receiving Federations proof of payment of the 150 transfer fee shall be furnished) the sum payable equals the difference between the fees payable under 7.2 and 7.4 of the IHF Transfer Regulations ( 750 minus 150 = 600) A contract player shall be eligible to play for the new Federation upon confirmation of his/her International Transfer Certificate by the EHF (with a copy to the receiving and the releasing Federations) (see IHF Regulations for the Transfer Between Federations 11.5). The following procedure applies: 1. Transfer request to be filled in completely (official form is obligatory). 2. Proof of payment of the transfer fee of 750 each to the releasing Federation and to the EHF. 3. Transfer certificate (completely filled in) to be sent to the EHF as well as to the receiving Federation (Note: no playing eligibility for the player at this stage). 4. Review of the transfer papers and input into the EHF Player Database by the EHF. 5. Confirmation of the transfer certificate by the EHF and dispatch to the releasing and receiving Federations (It is only upon receipt of a confirmed transfer certificate that the player is eligible to obtain the national playing license within the receiving Federation) At the end of a limited transfer period, the EHF will automatically issue an International Transfer Certificate to the Federation that originally released the player on loan. No transfer fee is due on such transfers In the event of a player being suspended or disciplinary proceedings being pending, the Federation to which the player was released on loan shall inform the EHF as well as the Federation that released the player of this fact within a period of 7 days from the date of the end of the limited release In the event of a player being re-transferred to the country to which he had been transferred in the period before, the transfer fee shall be payable only if the player is not being transferred to same club as in the period before. Only a transfer to the same club as in the previous period shall be referred to as prolongation of a transfer. 3.3 An appeal against the handling of a case or decisions awarded by the body of first instance/administrative procedure shall be considered and settled by the EHF Court of Appeal as the body of second and final instance against payment
22 of an administration fee amounting to EUR 750 (compare EHF Arbitration Regulations 14) and a refund of the costs incurred. 4. Transfer Procedure 4.1 Agreement between the player and his/her new club (in the case of a contract player, by conclusion of a contract) followed by a request of the club to its National Federation to issue the player's eligibility to play at the national level and to effect registration (see IHF Regulations for the Transfer Between Federations 11.1). 4.2 The request of the receiving Federation regarding the issuance of an International Transfer Certificate to the releasing Federation shall be submitted in writing. At the same time, a copy of the transfer request shall be provided to the EHF. (See EHF Transfer Rules Request Form and IHF Regulations for the Transfer between Federations 11.2, 11.3). 4.3 In the event of disputes over transfers, the European Handball Federation will consider a transfer request by a contract player valid only (start of the 30 days period) if, upon request by the EHF, proof of the first contact initiated by the prospective receiving club (letter + proof of transmission) is submitted to the EHF Office. 4.4 Remittance of the transfer fees by the receiving Federation/club to the releasing Federation and to the EHF (see EHF Rules of Procedure for Transfers 3.1 and IHF Regulations for the Transfer Between Federations 7.1., 7.2., 7.3. and 7.4.). 4.5 Response to a request concerning an international transfer within 30 days by the releasing Federation (with copy to the EHF) after receipt of the transfer request and/or issuance of the International Transfer Certificate by the releasing Federation within 30 days after receipt of the transfer request and delivery of the confirmed International Transfer Certificate to the EHF and the receiving Federation (see IHF Regulations for the Transfer between Federations 4, 6, 8, 11.4 and EHF Rules of Procedure for Transfers International Transfer Certificate) Non-contract and contract players: delivery of the confirmed International Transfer Certificate by the releasing Federation to the EHF and to the receiving Federation compare with and (See IHF Regulations for the Transfer between Federations 17.4, 11.4) 4.6. Administrative processing of the International Transfer Certificate by the EHF Non-contract players: (non-contract player to become non-contract player) Confirmation of transfer certificate by the EHF upon receipt of the transfer fees or delivery of a receipted copy of credit transfer instructions and transmission of copies of the International Transfer Certificate to the releasing and the receiving Federations, recording of the transfer in the EHF Players Database and filing of the certificate by the EHF Contract players: (contract player to become contract player, contract player to become non-contract player, non-contract player to become contract player)
23 Confirmation of transfer certificate by the EHF upon receipt of the transfer fees or delivery of a receipted copy of credit transfer instructions and transmission of copies of the International Transfer Certificate to the releasing and the receiving Federations, recording of the transfer in the EHF Players Database and filing of the certificate by the EHF In the case of an international transfer taking place within a period of 12 months after the preceding one, with the player returning to the Federation that originally released him but joining another club than the one by which he was originally released, the national transfer regulations of this Federation shall apply. Such international transfers shall be dealt with as direct transfers between the club that originally released the player and the new receiving club in the same country. 5. Education Compensation 5.1. A releasing club is entitled to demand education compensation for players between the ages of 16 and 23 participating in club or national team competitions (criterion: being listed at least once in an official match report in the respective season) Education compensation shall not be demanded later than 12 months after the end of the last employment contract The maximum compensation per contract player and season is 2,500 for club competitions The club(s) with which the player was under contract (including players with a written educational agreement) before the transfer is entitled to demand compensation The maximum compensation per national team player and season is 500 for national team competitions The national federation is entitled to claim compensation upon furnishing proof that the player concerned was listed at least once in an official match report of a national team game in the respective season Transfer compensations according to the EHF Rules of Procedures for Transfer are not foreseen for players under education agreement Unclear circumstances regarding education compensation shall not constitute material reasons for refusing the issuance of the International Transfer Certificate Education compensation can only be requested during the transfer procedure (at the latest when issuing the International Transfer Certificate). The correct announcement within due time is a precondition for any education compensation claim In the case of EHF involvement in resolving disputes over education compensation, an administration fee of up to 1,000 shall be payable (to be paid by the club/federation at fault) also for failure to arrange payment Failure to pay compensation for the cost of education within six weeks after issuance of the International Transfer Certificate and the call for payment shall carry, depending on the circumstances, a fine up to 7,500, a transfer ban, and/or complete suspension from national and international competitions. In implementing the penalty, the requirements of the current playing season may be taken into account if deemed appropriate.
24 5.10. Responsibility for implementation of sanctions at the national level shall rest with the National Federation concerned. If the National Federation does not ensure appropriate implementation, the outstanding claims shall be debited to the Nation s account. 6. Protection of Minors International transfers of players under the age of 18 shall be permitted only under the following conditions: a. as a general rule, when the player s family moves to the country in which the new club is located for reasons that are not linked to handball b. international transfers of non-contract players under the age of 18 shall be permitted (e.g. students, pupils). For such transfers, no fees shall be charged, neither by the releasing Federation nor by the EHF. The same principles apply to the first registration of players under the age of 18 who have a nationality other than that of the country in which they first apply for registration. 7. Transfer Fee for Students 7.1. The transfer administration fee in accordance with above shall not be payable in cases in which a player transfers to another country within Europe under an international students exchange programme. In addition, individual exemptions may be granted to clubs in nations having development status An exemption in accordance with 7.1. above shall be available exclusively for players transferring to a club that within the national federation concerned plays at a level below the first or second league. If, after such a transfer, a player moves on within 24 months to a club playing in the first or second league, the EHF and the releasing national federation shall have the right to charge the transfer administration fee retroactively. 8. Disputes 8.1 Any disputes arising in transfer matters or in connection with the release of players to national teams shall be considered and settled by the EHF Office as the body of first instance/administrative procedure. Appeals against the handling of a case or decisions taken by the body of first instance/administrative procedure shall be considered and settled by the EHF Court of Appeal as the body of second and final instance against payment of an administration fee of EUR 750 and a refund of the costs incurred. 8.2 In accordance with of the EHF Arbitration Regulations, appeals in transfer matters do not have any suspensory effect. 9. Effectiveness These EHF Rules of Procedure for Transfers first took effect upon adoption by the EHF Congress on 23 March 1996, were revised by the EHF Executive Committee, and approved by the EHF Congress in Vilamoura in May These Transfer Rules shall be effective from 1 July May 2006
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29 ARBITRATION REGULATIONS
30 Arbitration Regulations 1. General Provisions 1.1. Supplementary to the provisions of the Statutes and other Regulations, arbitration activities within the EHF shall be governed by these Regulations Infringements of Regulations, unsportsmanlike conduct as well as violent behaviour in and around playing halls by players, officials, referees and members of clubs or Federations of EHF Member Federations are subject to penalty Member Federations and clubs are accountable for the conduct of their players, officials and any other persons exercising a function at a match on behalf of the Federation or club This shall apply both to general arbitration activities and disciplinary measures. Any arbitration measures that do not involve sanctions nor constitute a reaction to infringements of the Statutes or Regulations shall be regarded as acts of general arbitration Disciplinary proceedings shall be conducted to penalise infringements of Regulations committed prior to, during or after a game or while travelling to or from a venue or staying at a venue, particularly if such incidents and actions are likely to bring the sport of handball and the EHF into disrepute. 2. Matters subject to Arbitration 2.1. Matters of ongoing arbitration activities Matters stated in IHF and EHF Regulations Penal provisions The List of Penalties given in the Annex shall form an integral part of these Regulations; in addition, the penal provisions contained in the various Regulations shall also apply. 3. Penalties/Measures The EHF may impose the following penalties: a) warning; b) temporary suspensions; c) fines; administrative penalties; d) cancellation of matches and replay if necessary; e) deduction of some or all points scored in the competitions concerned; forfeiture; f) exclusion from current or future competitions; g) ban on the venue or supervision of matches; 4. Assessment of penalties and effects of decisions 4.1. The penalties named above may be imposed individually or cumulatively.
31 4.2. Temporary suspensions are pronounced to penalise in particular: a) serious unsportsmanlike conduct; b) assault or insult directed against referees, officials, players or spectators; c) use of players not eligible to play or suspended; d) unsportsmanlike conduct of teams, officials or other persons involved in the game Suspensions imposed in the course of disciplinary proceedings may be suspended for reasons to be named and for a probation period to be specified, provided that the aim to be achieved by the decision can also be reached in this manner International suspensions of players, functionaries, officials and referees shall apply, during the period for which they were pronounced, in respect of participation in competitions both at the club and at the national team level Any delay or failure in making reports or payments to the EHF shall be subject to administrative penalties of up to EUR 2,250 unless regulated otherwise in applicable regulations. RULES OF PROCEDURE 5. Levels of jurisdiction 5.1. Unless otherwise provided in applicable regulations (specifically in the European Championships Regulations and Regulations for European Cup Competitions), primary arbitration in matters regarding the Rules of the Game and in matters concerning bilateral disputes in connection with competitions between Member Federations shall be exercised by the Competitions Commission, at qualification tournaments by the responsible EHF representative, and in all other cases by the Executive Committee The Executive Committee may delegate the pronouncement of administrative penalties and doubling of fines in cases of non-payment to the EHF Office Appeal proceedings shall be conducted by the Court of Appeal both in matters concerning current competitions / business activities as well as in respect of disciplinary infringements To hear cases and pass decisions, the Court of Appeal shall be constituted of three persons. It shall be chaired by the President, a Vice-President or, if necessary, a Member. The Chairman and the Members shall be appointed by the President on a case-by-case basis Unless proceedings before the EHF bodies of arbitration have been closed earlier, parties to legal disputes shall not have recourse to the ordinary process of law before a period of six months has passed since the matter was brought before the EHF bodies. 6. Organisation - procedural principles 6.1. The Court of Appeal shall consist of a President, two Vice-Presidents and five Members elected by the Congress.
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