2.4.Reasons for the proposal

While the Convention contains provisions in the area of police cooperation (87 TFEU), it also fits more generally with the Union’s policy objectives in relation to sporting issues (Article 165 TFEU). According to Article 165(3) TFEU the Union and the Member States have to foster cooperation with third countries and the competent international organisations in the field of education and sport, in particular the Council of Europe. The EU incentive measures, including support for projects under the sport chapter of the Erasmus+ programme, supporter awareness campaigns and sporting sanctions are not enough to address the problems of acts of violence and discrimination occurring at the periphery of sport competitions. Insofar as this is a public order issue, national public authorities have supplemented these initiatives with preventive activities and targeted coercive measures. This is a complex task because of the international nature of certain matches and the differences that exist between the relevant provisions and practices related to the maintenance of order, safety and security in the different EU Member States. More cooperation between the different stakeholders in the fight against violence and discrimination of all kinds is necessary. Law enforcement actions must be better coordinated and the EU can facilitate this process, in particular by supporting the Council of Europe Convention.

The EU itself cannot become a party to the Convention. This is because the Convention refers exclusively to ‘States’ or ‘State Parties’ and does not contain any wording allowing the EU or other regional integration organisations to become a party to it.

Nevertheless, the EU has adopted both general and specific measures regarding cooperation and exchange of police information that apply to the subject-matter of safety and security at football matches with an international dimension, as well as detailed, recently updated recommendations on how to apply those measures.

Moreover, the commitments undertaken in Article 11 of the Convention, with respect to national football information points (NFIPs), are liable to affect common rules within the meaning of Article 3(2) TFEU. This is because the obligation to set up or designate NFIPs is already contained in Council Decision 2002/348/JHA, which specifies the tasks of NFIPs and sets out rules for cooperation between them, in particular with respect to exchanging police information. The commitments contained in Articles 11(2) to 11(4) of Convention n°218 coincide almost fully with the obligations contained in Council Decision 2002/348/JHA. Indeed, according to the Explanatory Report to Convention n°218, ‘NFIPs were created under European Union Law’ and the text of Articles 11(2) to (4) was inspired by, and uses the terminology of, Council Decision 2002/348/JHA.

These circumstances highlight the need for Member States to act within the framework of the EU institutions when undertaking international commitments in the area of cooperation and exchange of police information between Member States, in particular with regard to safety and security at football matches with an international dimension.

Although Article 11(2) to (4) of Convention were based on Council Decision 2002/348/JHA precisely so as to avoid a conflict with EU law, the fact remains that Council Decision 2002/348/JHA provides for a system of cooperation and exchange of police information between Member States in the area of safety and security at football matches with an international dimension by means of a network of authorities established for that specific purpose. The EU alone is in a position to assume the obligation vis-à-vis third countries to continue to apply that system within the EU and to extend its application to the third countries concerned.

Given that the EU itself cannot become a party to CETS n°218, and since the Member States may become a party to that Convention only if so empowered by the EU (Article 2(1) TFEU) it is appropriate to adopt a decision authorising the Member States to sign and ratify the Convention in the interest of the EU.