A4-0124/96

Resolution on hooliganism and the free movement of football supporters

The European Parliament,

- having regard to the motions for resolutions by:

(a) Mr David on the free movement of football supporters (B4-0184/94),

(b) Mr De Coene on a coordinated approach to combating hooliganism while respecting civil liberties (B4-0218/94),

(c) Mr Ligabue and Mr Mezzaroma on violence in football stadiums (B4-0503/95),

- having regard to Council Directive 64/221/EEC of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health ((OJ 56, 4.4.1964, p. 850.)),

- having regard to the European Convention on Human Rights, and in particular Protocol No 4 concerning the rights to liberty of movement, to leave any country and to enter one's own country,

- having regard to the European Convention of 19 August 1985 on spectator violence and misbehaviour at sports events and in particular at football matches,

- having regard to its resolution of 11 July 1985 on the measures needed to combat vandalism and violence in sport ((OJ C 229, 9.9.1985, p. 99.)),

- having regard to its resolution of 22 January 1988 on vandalism and violence in sport ((OJ C 49, 22.2.1988, p. 168. )),

- having regard to its resolutions of 10 October 1996 on the report of the Committee of Inquiry into Racism and Xenophobia ((OJ C 284, 12.11.1990, p. 57.)),

- having regard to the Commission communication to Parliament and the Council of 31 July 1991 on the European Community and sport (SEC(91)1438),

- having regard to its resolution of 6 May 1994 on the European Community and sport ((OJ C 205, 25.7.1994, p. 486.)),

- having regard to Resolution (76) 41 of the Committee of Ministers of the Council of Europe entitled 'A European Sport for All Charter',

- having regard to the Recommendation for the exchange of information on the occasion of major events approved by the Council on 30 November 1994, and to the Recommendation on football hooliganism adopted by the Council on 19 March 1996,

- having regard to Rule 148 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinion of the Committee on Culture, Youth, Education and the Media (A4-0124/96),

A. emphasizing the contribution that sport makes to the fostering of mutual respect and understanding between individuals and nations,

B. concerned at the eruptions of violence that may occur at sports events, in particular at football matches both off and on the field,

C. convinced that the violence that finds expression at sports events and football matches is often a symptom of a much more profound crisis in society which needs to be carefully studied,

D. shocked at the racist demonstrations and attacks perpetrated on players who are black or Jewish or come from different national or ethnic backgrounds,

E. concerned at the ways in which extremist organisations deliberately exploit violence connected with sport including the manipulation and infiltration of groups of hooligans,

F. having regard to the importance of the mass media in preventing violence in sport and in promoting the sporting ideal, fair play and mutual respect,

G. hoping for increased European Union cooperation to help control cross- frontier incidents of football-related violence and racism,

H. whereas Article 3 of Directive 64/221/EEC mentioned above lays down that: 'Measures taken on the grounds of public policy or public security shall be based exclusively on the personal conduct of the individual concerned. Previous criminal convictions shall not in themselves constitute grounds for the taking of such measures.',

I. whereas the victims of hooliganism are to be found among those living close to the stadiums, the inhabitants of the countries where matches are played, and also among the spectators themselves,

J. whereas the victims of vandalism and violence by fans often suffer serious material and/or physical damage which also has serious psychological after- effects,

K. whereas the public authorities, sports organizations, national associations, clubs and players have differing but complementary responsibilities in the campaign against spectator violence and misbehaviour, and whereas it is therefore appropriate for them to combine their efforts,

L. noting the fact that clubs have recourse to the practice of selling tickets exclusively to fans who sign up to travel with solo-agents designated by the club,

M. whereas the vast majority of football supporters are peaceful individuals, and whereas their freedom of movement and adequate protection against violence should be fully guaranteed,

N. having regard to the need to draw a distinction between peaceful supporters, potentially violent supporters and violent supporters (hooligans); whereas among the latter, persons committing offences of a racist, anti-Semitic or xenophobic nature should be distinguished from the rest,

O. whereas a successful campaign against violence cannot ignore the deep-seated reasons for this violence and simply aim to cure the symptoms,

P. applauding initiatives such as 'Kick Racism Out of Football' by the Professional Footballers Association/Equal Opportunities Commission,

Q. whereas the implementation of certain pragmatic measures based on common standards should help to contain this phenomenon,

R. having regard to the role played by the Eurathlon programme for improving understanding and a sense of common purpose between people in the Union through participation in sports events,

S. whereas the holding of Euro '96 in England, the World Cup in France in 1998 and Euro 2000 in Belgium and the Netherlands will require the implementation of measures throughout the Union to prevent and counter hooliganism,

GENERAL POINTS

1. Notes that involvement in sport, whether as a participant or spectator, is a significant social and cultural activity, and that sporting events are cultural events, access to which should be facilitated for all sections of society;

2. Notes that sport is a matter of great interest to millions of people within the European Union, and that therefore it should be given due attention in policy at both European and national levels;

3. Notes that there is a widespread problem of hooliganism and violence at and around football matches, particularly international fixtures, and believes that this is a cross-frontier problem which should be tackled at Community level;

4. Notes that the current international preventive measures have been taken on the basis of cooperation agreements between Member States in the absence of any international legal framework, and that this has resulted in complaints by Union citizens concerning restrictions on the free movement of persons and the lack of any means of opposition to such restrictions;

5. Expects that a policy on hooliganism which is both preventive and punitive will contain the phenomenon and reduce it to manageable proportions;

6. Congratulates the Council of Europe on the work which it has done in this area and in particular notes the important ongoing work of the Standing Committee of the European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches;

7. Notes that the Council of Europe Convention on Spectator Violence at Football Matches is a highly relevant instrument; consequently urges those Member States that have not already done so to ratify it and apply in practice the measures set out in the Convention;

8. Calls, therefore, on the public authorities, sports organizations and clubs to implement the measures laid down in the Convention and measures going beyond these, and to provide in particular for:

- stadiums to be designed so as to ensure spectator safety, with numerous separate exits, enabling security and emergency services to intervene,

- rival supporter groups to be separated,

- the sale of tickets to be controlled,

- loudspeakers to be installed at stadiums to facilitate communication with spectators,

- a ban on the introduction into stadiums of alcoholic drinks and items that are dangerous or likely to be used for acts of violence,

- a ban on the introduction into stadiums of any symbols (on banners or streamers) of a racist or xenophobic nature, such as swastikas etc.,

- installation of scanners at stadium entrances;

9. Takes the view that the absolute requirement to provide all-seater stadiums is excessive and that the installation of 'cages' is dangerous and degrading and may give rise to violence; takes the view, on the other hand, that women and children should be encouraged to attend sports events, with family enclosures being provided;

10. Notes that the current file system and the exchange of data has resulted in the detention or expulsion of innocent persons;

SOCIAL AND PREVENTIVE POLICY

11. Sees in the increase in the number of 'fan projects' an excellent means of preventing violence at sports events; encourages the development of such initiatives;

12. Supports, for example, initiatives such as, in the context of Euro '96, the organization of a European Fans Parliament by Philosophy Football;

13. Calls on the clubs, national associations, UEFA and FIFA to provide financial support at their respective levels for fan projects; calls on the Commission, for its part, to examine urgently the possibility of financing a limited number of fan projects from Community funds in connection with EURO' 96 and the 1998 World Cup;

14. Calls on all clubs to ensure total transparency in their financial transactions and to devote part of their resources to the integration of supporters into the life of the club, in particular by involving them in important decisions;

15. Urges the Commission to take action against football clubs which practise the system of linking ticket sales to travel packages;

16. Considers that players should behave responsibly and that it is desirable for them to maintain close contacts with supporters' clubs and with supporters; believes that the players' attitude during matches can be a crucial factor; urges players accordingly to refrain from any violent or aggressive behaviour and openly to express their rejection of violence, racism, anti-Semitism and xenophobia, if necessary by refusing to play when violent, racist, xenophobic or anti-Semitic behaviour occurs;

17. Calls on the Commission, working in close collaboration with the Council of Europe, to introduce from 1997 - the European Year Against Racism - a European day of anti-racism and fair play in sport which should be marked throughout the Union by promotional activities in the media and which would be propagated mainly by famous sports personalities familiar to the European public;

18. Suggests that all supporters' clubs should appoint stewards from among their members to look after spectators and accompany groups of supporters to away matches;

19. Calls for cultural and tourist programmes to be organized when international matches are played so that visiting supporters may profit from their visit to the host country and learn something about it;

20. Expresses its support for associations which tackle violence and racism in stadiums;

21. Repeats its proposal to award three separate annual prizes, to a team, a sporting individual and a supporters' club, for setting an example in their sense of fair play;

22. Suggests the promotion of measures (such as exchanges, meetings, etc.), designed to promote good relations between supporters of opposing clubs, and that the supporters themselves should devise strategies for eradicating violent behaviour;

23. Welcomes the fact that the Commission has launched a campaign, in conjunction with the Council of Europe, to promote fair play; calls for players and supporters' clubs to be closely involved in the campaign;

24. Calls on the media to participate in the promotion of respect for fair play in sport, to help promote positive sporting values, to combat aggressive and chauvinistic behaviour and to avoid any sensationalism in treating information on violence at sports events;

25. Recognizes the important role that education and work with young people has to play in the prevention of violence, especially racist violence, and in the promotion of tolerance; calls on those involved in education formally or informally to act upon this responsibility;

FREE MOVEMENT OF PERSONS

26. Takes the view that measures to restrict the free movement of persons must be directed exclusively at individuals whose past conduct, including previous convictions, suggests that they pose a genuine and serious threat to public safety;

27. Considers that the nationality of a supporter may not constitute a criterion on which access to sports events may be prohibited;

28. Considers that the staging of a match may under certain conditions justify internal frontier controls, provided they do not exceed what is strictly necessary to respond to a serious threat to public safety and to protect the rights and freedoms of others;

29. Believes that the development of policy measures in this area must be guided by the need to strike an appropriate balance between different sets of rights: the rights of all people, including football supporters, to free movement within the European Union; the rights of those who want to attend football matches in a safe and secure environment; and the rights of those who live near to stadiums;

30. Takes the view that restricting access to stadiums with a view to reducing the level of violence must be exercised according to common standards;

31. Deplores the fact that fundamental legal differences between Member States make it difficult to envisage the generalized application of restrictions on attendance at matches in other Member States by persons convicted of football-related offences;

32. Points out that only after a supporter has been convicted of an offence of violence or an offence connected with football can he/she legitimately be prevented from attending matches at home or abroad;

POLICE AND LEGAL MEASURES

33. Calls on the Member States to apply or, where appropriate, adopt legislation providing for appropriate penalties for individuals found guilty of offences which include measures such as a ban on access to stadiums for a specific period;

34. Calls on the Member States to ensure that spectators who commit acts of violence or other reprehensible acts are identified and tried in accordance with the law in the country where the offence was committed and that the fundamental rights of the accused, such as the right to a proper defence, the use of interpreters if they do not know the language, etc., are respected;

35. Takes the view that police assistance must be provided by local police officers accompanied, in the case of international matches and, following the necessary consultation of and agreement with the appropriate authorities, by police officers from the home area of the team(s) playing away;

36. Favours strengthening international police cooperation in order to counter violence in stadiums more effectively; considers that the exchange of information on supporters found guilty of acts of hooliganism must be carried out in compliance with the criteria laid down by the Council of Europe for the protection of data of a personal nature;

37. Calls on the authorities responsible to ensure that police forces receive adequate training based on proper crowd management and designed to deal with any outbreaks of violence;

38. Takes the view that the police escort which normally accompanies supporters should behave in a way that will not provoke outbreaks of violence;

39. Asks the appropriate clubs to take action to prevent groups of fans intimidating players and supporters;

40. Draws the attention of those involved and those in positions of responsibility to the racist, anti-Semitic, xenophobic and anti-social nature which manifestations of violence, physical or verbal, frequently assume; calls for them to show responsibility and commitment in dealing with the causes of such violence;

41. Is in favour of the imposition of penalties on clubs which openly tolerate the expression of violence and race hatred;

42. Deems unacceptable the practice whereby supporters at international matches who have committed no offence are arrested, held in custody or deported, solely on the grounds of their nationality or some other unjustified pretext;

43. Considers that rigorous security checks must be carried out at the entrance to and in the streets near stadiums so as to prevent individuals from entering the stadiums with dangerous articles or extremist, racist and xenophobic material such as pamphlets, banners, etc.;

44. Hopes that, when the Treaty on European Union is revised, an article will be incorporated on countering racism, anti-Semitism and xenophobia;

45. Calls on the Commission to assemble and bring up to date data already available in the Member States relating to the problem of hooliganism as a multi-dimensional social phenomenon;

46. Calls on the Commission to report to Parliament annually on the impact of the action taken, the developing situation of violence in sport and any instances of connivance between football clubs and certain racist and extremist organizations;

47. Calls for extensive research to be undertaken into the origins of hooliganism, the role of extremist organizations among supporters and ways in which the media can have a positive influence in helping to prevent hooliganism-related violence in sport;

48. Congratulates the Sports Unit of DG X of the Commission on its work to date and recognizes the importance of the continuation of a separate budget line for sport;

49. Wishes to be informed by the Council and the K.4 Committee of the measures to be taken by the Member States to prevent football violence at the 1996 European Championships;

50. Would like to see the Council, in the context of the third pillar, address the issue of a convention on measures to combat football violence, with the concept of the 'high-risk' fan being defined, clear rules laid down for the setting up, gathering, treatment and exchange between Member States of information on Union citizens, with legal provisions being laid down with regard to information, supply and defence for any person subject to an exchange of data;

51. Considers that the campaign against violence in sport must be carried out with due regard for fundamental rights and freedoms and that the top priority must be to ensure that every effort is made to encourage a culture of non-violence amongst football fans;

52. Instructs its President to forward this resolution to the Council and Commission and the governments of the Member States, the International Olympic Committee, UEFA and FIFA.