On 24 February 2020, the Minister for Youth Policy and Sport On. Vincenzo Spadafora signed the Ministerial Decree on sports agents, amending the Decree of the President of the Council of Ministers of 23 March 2018 and taking into account the resolution of the National Council of CONI no. 1649 of 29 October 2019, whose effects had been suspended by subsequent resolution of the President of CONI no. 05/05 of 15 January 2020.

The scope of this new Decree is to address the need to specifically establish the regulatory provisions relating to the recognition of professional qualifications obtained by sports agents in other EU and non-EU Member States, harmonizing and facilitating the recognition procedure, in order to allow these subjects to carry out their activities also in Italy.

In recent years, the role of sports agents has become increasingly important in the sporting sector, especially in football. It has therefore become more necessary and increasingly required a clear regulation of the activity of these professionals. What rules have been introduced into our system?

ESTABLISHED SPORTS AGENTS

Art. 11 of the Decree establishes that Italian citizens or citizens of another Member State of the European Union, who are authorized to work as a sports agent in another Member State, may apply to the national professional sports federation, within whose sporting discipline they intend to operate, to be registered in the appropriate section of the Federal Register of sports agents.

Each National Professional Sports Federation, having ascertained that the applicant is qualified to operate in another Member State of the European Union and has passed tests equivalent to those provided for in our regulations, shall register him/her in the special section of the Federal Register and notify CONI, which, after carrying out the checks for which it is responsible, shall register him/her within thirty days in the appropriate section of the National Register.

The so called “established sports agent” is thus entitled to operate without limitations, using the title recognized in another Member State of the European Union and indicating in each document under his own signature the words “established sports agent within the […]“, adding the indication of the national sports federation where he is authorized.

After three years from the registration in the special section of the Federal Register, the established sports agent, if in compliance with the updating obligations and provided he has exercised in Italy the activity of agent in an effective and regular manner, may apply for registration in the Federal Register and the CONI Register, without being submitted to the licensing examination.

DOMICILED SPORTS AGENTS

Art. 12 of the Decree establishes instead that citizens coming from countries outside the European Union, who are authorized to work as sports agents in these countries, may operate in Italy only after domiciliation with an agent duly registered in the National Register and in the Federal Register of the relevant federation.

The so called “domiciled sports agents” must act in agreement with the agent where they are domiciled, using the title recognized in the country of origin and indicating in each document under their own signature the words “sports agent domiciled within the […]“, adding the indication of the national sports federation where they are authorized and the name of the agent duly registered in the National Register where they are domiciled.

This institution also applies to Italian citizens or citizens of another Member State of the European Union who are entitled to operate in another Member State, but who have not passed tests equivalent to those provided for in our legislation.

WHY IT’S IMPORTANT

The way taken by the legislator is therefore to extend, with respect to what was previously established by the resolution of the National Council of the CONI of 29 October 2019, the possibility of carrying out the activity of sports agent in Italy not only to those who have in any case passed a test equivalent to that required by our legislation, but also to all those who have not done so, provided that they are in any case in possession of the qualification in another EU or non-EU country under the regulations in force.