WRITTEN QUESTION E-3103/02

by Bart Staes (Verts/ALE) to the Commission

(29 October 2002)

Subject: Identification of football supporters at European matches

Football supporters in Belgium who want to attend a match in the stadium of a first division league club are required by Belgian law to be in possession of a security pass, known as a fan card. This pass contains the personal details of the holder and is for personal use only. If this system is correctly applied it means that clubs know exactly who is in the stadium. This should prevent rowdy elements joining the army of supporters. Violent supporters are denied access to the stadium.

In the case of matches between European teams this system does not operate. In other words, Belgian football fans who obtain tickets for a Belgian club's matches abroad are not expected to be able to prove their identity. Anyone, including potential hooligans, is virtually free to obtain a ticket. In the country where the match is taking place spotters from the visiting club are used. They travel with the visiting supporters and can point out potential troublemakers to the law enforcement authorities on the spot.

Does the Belgian fan card system comply with Directive 95/46/EC(1) on the protection of individuals with regard to the processing of personal data and on the free movement of such data?

Does the Commission share the view that for security reasons it is desirable that supporters attending football matches outside their own Member State should have to be able to prove their identity? If so, what steps will it take to introduce such a system? If not, why not?

(1) OJ L 281, 23.11.1995, p. 31.

Answer given by Mr Bolkestein on behalf of the Commission

(11 December 2002)

Directive 95/46/EC of the Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and

on the free movement of such data, is a framework Directive and is designed to harmonise Member States legislation in order to ensure the free movement of personal data within the Internal Market. Member States must adopt laws transposing the Directive and apply its principles in their national context.

The Commission is not familiar with the details of the Belgian fan card system.

In order to determine compatibility in a specific case, it would be necessary to look in particular:

- at the relevance of the data processed in relation to the purpose of the collection and further processing: the amount of data collected should correspond to what is necessary and should not be excessive;

- at the arrangements made to inform data subjects of the purpose of the processing, of the identity of the data controller and of the parties with whom the data is shared;

- and at the limits placed on the use of the data: any uses must be compatible with the purpose for which the data were collected.

Member States may make exceptions to some requirements of Directive 95/46/EC where this is necessary for law enforcement or public safety reasons, but such exceptions must be made by legislation.

The Commission underlines that, according to Article 28 of Directive 95/46/EC, each Member State must provide that one or more public authorities are responsible for monitoring the application within its territory of the provisions adopted by the Member States pursuant to this Directive. The compatibility of specific processing operations with national law is in the first instance a matter for these authorities to determine.

As to the question from the Honourable Member if an obligation for supporters to prove their identity when attending matches outside their own Member State will contribute to enhancing security the Commission would like to reply as follows.

Such a measure would indeed seem interesting. In itself it will not be sufficient to assure an adequate level of security at international football matches, however. That objective can only be achieved when the relevant services of the Member States implement the measures which are described in the Handbook with recommendations for international police co-operation and measures to prevent violence and disturbances in connection with international football matches and which was approved by the Council by way of a Resolution on 6 December 2001.