Extraordinary UEFA Application

[Waltersgotstyle 297]

ANNEX IV: Extraordinary application of the club licensing system

1. The UEFA administration defines the necessary deadlines and the minimum

criteria for the extraordinary application of the club licensing system as specified

in Article 15(1) and communicates them to the UEFA member associations at

the latest by 31 August of the year preceding the licence season.

 

2. UEFA member associations must notify the UEFA administration of such

extraordinary application requests in writing and stating the name of the club

concerned by the deadline communicated by the UEFA administration.

 

3. The UEFA member associations are responsible for submitting the criteria to the

club concerned for the assessment for the extraordinary procedure at national

level. They must also take immediate action with the club concerned to prepare

for the extraordinary procedure.

 

4. The club concerned must provide the necessary documentary proof to the

licensor that will assess the club against the fixed minimum standards and

forward the following documentation in one of the UEFA official languages to the

UEFA administration by the deadline communicated by the latter:

 

a) a written request to apply for special permission to enter the corresponding

UEFA club competition;

 

b) a recommendation by the licensor based on its assessment (including the

dates and names of the persons having assessed the club);

 

c) all documentary evidence provided by the club and the licensor as requested

by the UEFA administration;

 

d) any other documents requested by the UEFA administration during the

extraordinary procedure.

 

5. The UEFA administration bases its decision on the documentation received and

grants special permission to enter the UEFA club competitions if all the set

criteria are fulfilled and if the club ultimately qualifies on sporting merit. The

decision will be communicated to the UEFA member association, which has to

forward it to the club concerned.

 

6. If such a club is eliminated on sporting merit during this extraordinary procedure,

the UEFA member association concerned has to notify the UEFA administration

immediately, and this procedure is immediately terminated, without further

decision. Such a terminated procedure cannot be restarted at a later stage.

 

7. Appeals can be lodged against decisions made by the UEFA administration in

writing before the Court of Arbitration for Sport (CAS) in accordance with the

relevant provisions laid down in the UEFA Statutes.

 

http://www.uefa.com/MultimediaFiles/Download/Tech/uefaorg/General/01/80/54/10/1805410_DOWNLOAD.pdf

 

 

I know it has always been stated that you must have 3 years of audited accounts to enter a UEFA competition, however does the above provide the SFA an option to present us an "extraordinary" application if we were to win a domestic cup competition (or place second)?

[rbr 1,247]

wouldnt hold my breath mate

[True_Ger_1872 2]

It could, but would require us winning the Scottish Cup and receiving permission from SFA to progress this application.

 

I doubt either would happen until our original 3 year 'sabbatical' is over.

[Waltersgotstyle 297]

It could, but would require us winning the Scottish Cup and receiving permission from SFA to progress this application.

 

I doubt either would happen until our original 3 year 'sabbatical' is over.

 

It is in the SFA's best interest to put forward the best team.

 

Look at how SPL teams have done this year in Europe...

[BrahimHemdani 1]

In theory yes, but in practice highly unlikely, principally because it would appear that the application has to be submitted some time after 31 August of the year preceding the licence season i.e. before

the "sporting merit" is established.

 

There is also the issue of our accounting year. It is not clear at the moment whether it will return to 30 June as previously or later as seems to be the case this year for newco.

 

This is the relevant provision of the UEFA Regulations:

 

Article 15 – Special permission

1 If a club qualifies for a UEFA club competition on sporting merit but has not

undergone any licensing process at all or has undergone a licensing process

which is lesser/not equivalent to the one applicable for top division clubs,

because it belongs to a division other than the top division, the UEFA member

association of the club concerned may – on behalf of such a club – request an

extraordinary application of the club licensing system in accordance with

Annex IV.

2 Based on such an extraordinary application, UEFA may grant special permission

to the club to enter the corresponding UEFA club competition subject to the

relevant UEFA club competition regulations. Such an extraordinary

 

You can forget about this season.

 

"The monitoring period assessed in the licence season 2015/16 covers the reporting periods ending in 2015 (reporting period T), 2014 (reporting period T-1) and 2013 (reporting period T-2)."

 

So in theory whilst it might be possible to apply for 2015/16, I can't see that there would be justification for the SFA to make application at the start of next season for the licence to be granted in 2015/16, because at that point (late 2014) there may still only be a part year's accounts. I think any application would have to be made before the Scottish Cup begins, to be fair to the other clubs in the event that Rangers won, or were runners up in the cup; so that would give to around the end of 2014, when we might have one full year's accounts or a year and half say, still not much to go on. So really can't see it next season either.

 

I think where there is a possibility is when 3 years are up but we don't have 3 years accounts, which suggests a possible application some time in late 2015 to be granted a licence for 2016/17. Most people seem to assume that we will be back in Europe in 2016/17 i.e. by qualifying from the SPFLP in 2015/16 but that would require us to be licensed for 2016/17 and normally that would mean having 3 year's accounts before then, which is by no means certain. If the accounting years become 30 June 2014 (i.e. the first "year" is a year and a half), 2015 & 2016, then normally the accounts would not be available until say Oct of each year, so even 2016/17 would be a tight squeeze. There are other possible scenarios such as the first period being short but then we would only have say 2 1/2 years by June 2015 (published in say Oct 2015).

 

I also think that what a lot of people are looking at is the possibility of winning the cup next season and then going into Europe in 2015/16 but as the above analysis shows this is highly unlikely and even 2016/17 is problematical.

 

The Regulations say:

 

Article 47 – Annual financial statements

1 Annual financial statements in respect of the statutory closing date (which would be set by the SFA in our case) prior to the

deadline for submission of the application to the licensor and prior to the

deadline for submission of the list of licensing decisions to UEFA must be

prepared and submitted.

 

There is also a provision:

 

Article 48 – for the interim period

1 If the statutory closing date of the licence applicant is more than six months

before the deadline for submission of the list of licensing decisions to UEFA,

then additional financial statements covering the interim period must be

prepared and submitted.

2 The interim period starts the day immediately after the statutory closing date and

ends on a date within the six months preceding the deadline for submission of

the list of licensing decisions to UEFA.

 

AND

 

Article 65 – No overdue payables towards football clubs – Enhanced1

The licensee must prove that as at 30 June of the year in which the UEFA club

competitions commence it has no overdue payables (as specified in Annex VIII)

towards other football clubs as a result of transfer activities undertaken up to 30

June.

 

Not likely to be an issue for us now!

 

But this might be:

 

Article 52 – Future financial information

1 The licence applicant must prepare and submit future financial information in

order to demonstrate to the licensor its ability to continue as a going concern

until the end of the licence season if it has breached any of the indicators

defined in paragraph 2 below.

 

and there is also a Break- even requirement which is complex but concludes:

 

The break-even requirement is not fulfilled if the licensee has an aggregate

break-even deficit for reporting periods T-2, T-1 and T exceeding the acceptable

deviation (as defined in Article 61) having also taken into account the surplus (if

any) in the reporting periods T-3 and T-4 (as defined in Article 60 (6))!

 

 

There are other criteria apart from purely financial e.g.

 

SPORTING CRITERIA

PERSONNEL AND ADMINISTRATIVE CRITERIA

LEGAL CRITERIA

 

Sorry to put a damp squib on this as I for one have been suffering withdrawal symptoms from Europe since Maribor and Malmo and am keen to get back before I'm too old to travel; but we have to be realistic.

 

Also apologies if I have got any of this wrong but there are 69 Articles and 9 Appendicies over 93 pages and I haven't read them all never mind being sure of interpreting them correctly!

Edited August 29, 2013 by BrahimHemdani
Squib for squid!

[calscot 0]

Well the most obvious bit you got wrong was that it's "damp squib" not "damp squid" - a common "egg-corn".

 

(A squib is a small banger firework, often connected together by a string so that they go off one after the other sounding like being attacked by gunfire. They don't go off when damp.)

 

Pedantic loyal...

[BrahimHemdani 1]

Well the most obvious bit you got wrong was that it's "damp squib" not "damp squid" - a common "egg-corn".

 

(A squib is a small banger firework, often connected together by a string so that they go off one after the other sounding like being attacked by gunfire. They don't go off when damp.)

 

Pedantic loyal...

 

Quite and very droll answer BTW.

 

Stupid really, I knew it was wrong when I typed it, put it down to old age

 

Edit: have taken the liberty of editing the OP, thanks again.

[der Berliner 3,263]

In any case, it would help that Whyte is being found guilty of taking our club into admin on purpose etc., so we are in fact victims of a crime. BDO and all other investors asking serious questions of HMRC with regards to sending SDM & Co. int selling is into the fraudtser's hands may be helpful too.

 

THAT will also take years to happen though (by the looks of it), so there ...

[BrahimHemdani 1]

In any case, it would help that Whyte is being found guilty of taking our club into admin on purpose etc., so we are in fact victims of a crime. BDO and all other investors asking serious questions of HMRC with regards to sending SDM & Co. int selling is into the fraudtser's hands may be helpful too.

 

THAT will also take years to happen though (by the looks of it), so there ...

 

Can't see that UEFA would take that into account; we are where we are.

[rbr 1,247]

It could, but would require us winning the Scottish Cup and receiving permission from SFA to progress this application.

 

I doubt either would happen until our original 3 year 'sabbatical' is over.

 

sorry to be picky but would it not be the case that we reached a final where the other team had already qualified for europe