Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Council of Europe Convention on the manipulation of sports competitions with regard to matters related to substantive criminal law and judicial cooperation in criminal matters
Date: 2015-03-02
Institutions: European Commission
Subjects: EU police cooperation, data processing, fight against crime, fraud, game of chance, international negotiations, judicial cooperation in criminal matters in the EU, legal basis, organised crime, sporting event













EUR-Lex - 52015PC0086 - EN











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52015PC0086

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, of the Council of Europe Convention on the manipulation of sports competitions with regard to matters related to substantive criminal law and judicial cooperation in criminal matters /* COM/2015/086 final - 2015/0043 (NLE) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
Match-fixing is widely regarded as one of
the major threats facing contemporary sport. Match-fixing undermines the values
of sport such as integrity, fair play and respect for others.  It risks
alienating fans and supporters from organised sport.  Moreover, match-fixing
often involves organised criminal networks active on a global scale.  It is a
problem that has now become a priority for public authorities, the sport
movement and law enforcement agencies worldwide.  To respond to these
challenges, the Council of Europe invited parties to the European Cultural
Convention during the summer of 2012 to begin negotiations for a Convention of
the Council of Europe against the manipulation of sports results.  Negotiations
began in October 2012 with the first meeting of the drafting group of the
Council of Europe.
On 13 November 2012 the Commission adopted
"the recommendation for a Council decision authorizing the Commission
to participate, on behalf of the Union, in the negotiations for an
international convention of the Council of Europe to combat the manipulation of
sports results"[1]. 
The Commission's recommendation was transmitted to the Council Working Party on
Sports on 15 November 2012.  Following discussions in the Council Working
Party, the Council split the draft Council decision into two decisions due to
the addition of substantive legal bases by the Council, including a legal basis
stemming from Part 3, Title V TFEU.[2] 
One decision on matters relating to betting and sport was adopted by the
Council on 10 June 2013.[3] 
The other decision was adopted by the Council on 23 September 2013 and
concerned matters related to cooperation in criminal matters and police
cooperation.[4]
The Commission,
in accordance with the relevant Council decisions, took part in the subsequent
negotiations, which culminated on 9 July 2014 with the adoption by the
Ministers’ Deputies of the Council of Europe Convention on the Manipulation of
Sports Competitions.[5] 
The Convention was subsequently opened for signature on 18 September 2014 at
the Council of Europe Conference of Ministers responsible for Sport. According
to its Article 32 (3), the Convention is open to signature of the European
Union.  Since then a number of parties have signed the Convention, including
some Member States.
Given the international dimension of
match-fixing, the Convention is also open to non-European countries.  This
aspect is crucial since world-wide cooperation, notably with countries where
sports betting is widespread such as South-East Asian countries, is considered
an essential element in effectively fighting trans-national organised crime
networks involved in match-fixing and operating in different continents.  The
Commission considers that the Convention can be an effective instrument in the
fight against match-fixing.
Article 165 TFEU states that Union action
shall be aimed at developing the European dimension in sport by, inter alia,
promoting fairness and openness in sporting competitions and cooperation
between bodies responsible for sports.  In addition, Article 165 TFEU calls for
the Union and the Member States to foster cooperation with international
organisations in the field of sport, in particular the Council of Europe.   EU
action can help address transnational challenges encountered by sport in Europe
such as match-fixing, where concerted efforts and a closely coordinated
approach are necessary.  
One of the main objectives of the
Convention is to promote national and international cooperation, with Chapter
III setting out a number of provisions to facilitate the exchange of
information between all interested parties.  The fight against match-fixing
requires close cooperation between the sport movement, governments, betting
operators, law enforcement authorities and international organisations.  Such a
wide range of interested parties has its' own challenges; the EU can help bring
together and ensure a coordinated approach.
Member States are at various stages of
development in the fight to tackle match-fixing.  The transnational nature of
match-fixing will likely involve working with the Member States with varying
degrees of experience, creating the need for the sharing of good practice and
development of competences.  Here, the EU has an important role to play in
capacity-building, catalysing cooperation and ultimately helping to implement
the Convention.
The signature of this Convention should be
part of the Commission's efforts to participate in the fight against match
fixing, in conjunction with other tools such as the forthcoming Commission
initiative on betting-related match-fixing in line with the 2012 Commission
Communication on online gambling,[6]
the work of the EU Expert Group on match-fixing, and Preparatory Actions and
projects dedicated to match-fixing.[7]
According to the Council decisions
authorizing the opening of negotiations the accession by the Union should be
preceded by a competence analysis, stating that " the legal nature of
the Convention and distribution of powers between the Member States and the
Union will be determined separately at the end of the negotiations on the basis
of an analysis of the precise scope of the coverage of the individual
provisions".
This competence analysis is set out in the following: 
Nature and
scope of the Union's competence
Pursuant to Article 1 of the Convention,
its purpose is "to combat the manipulation of sports competitions in
order to protect the integrity of sport and sports ethics in accordance with
the principle of the autonomy of sport".  For this purpose, the
ultimate objective of the Convention is "to protect the integrity of
sport and sports ethics".  It does so by taking a number of measures
that aim at preventing, detecting and sanctioning the manipulation of sports
competitions.  In view of that purpose, the Convention also promotes
international cooperation and sets-up a monitoring mechanism to ensure that the
provisions laid down in the Convention are followed up.
The Convention thereby embodies a
multifaceted approach to address the manipulation of sports competitions. 
Accordingly, measures to be adopted vary in nature and affect different areas
of law, with the prevention aspect being pervasive.[8]  Other areas of law
concerned are substantive criminal law, judicial cooperation in criminal
matters, data protection, and also regulation of betting activities.
Prevention (Chapters II-III,
Articles 4-14)
Most of the provisions on prevention in the
Convention could be covered by Article 165(4) first indent TFEU concerning
supportive measures in the field of sports.[9] 
However, this type of competence is limited in its scope, as it excludes any
harmonization of the laws and regulations of the Member States.  Article 165
TFEU refers to the "promotion", "cooperation" or
"incentive" measures.  As a consequence, the Union's competence does
not supersede that of the Member States in that area.[10] 
By contrast, measures in relation to
betting services may touch upon the internal market freedoms concerning the
right of establishment and the freedom to provide services, to the extent that
betting operators exercise an economic activity.  As regards Article 3(5)(a)
and 11 in particular, the definition of "illegal sports betting"
refers to any sports betting whose type or operator is not allowed by virtue of
applicable law in the jurisdiction of the Party, where the gambler is located. 
The term "applicable law" includes EU law.  This implies that any
right granted by EU law must also be borne in mind and that national law of the
Member States has to be in conformity with EU law in particular with internal
market rules.
Articles 9 to 11 envisage measures that
could lead to a certain degree of approximation of laws.  For instance, Article
9 of the Convention proposes an indicative list of measures which could
be applied by the respective regulatory betting authority "where
appropriate" to combat the manipulation of sports competitions in
relation to sports betting.  Article 10(1) of the Convention states that "each
Party shall adopt such legislative or other measures as may be necessary to
prevent conflicts of interest and misuse of inside information by natural or
legal persons involved in providing sports betting products (…)"
(emphasis added).  Article 10(3) of the Convention aims at establishing
reporting obligations by stating: "Each Party shall adopt such
legislative or other measures as may be necessary to oblige sports
betting operators to report irregular or suspicious betting without delay to
the betting regulatory authority (...)" (emphasis added).  Finally,
Article 11 of the Convention on illegal sports betting grants even greater
leeway to the Parties.  It reads: "each Party shall explore the most
appropriate means to fight operators of illegal sports betting and shall
consider adopting measures, in accordance with the applicable law of the
relevant jurisdiction, such as (…)". 
This shows that Articles 9, 10(1) and 10(3)
of the Convention create a basis for possible harmonisation under Article 114
TFEU, to the extent that betting operators exercise an economic activity. 
Article 11, which contains even more flexible wording, still involves some
degree of approximation of provisions which may also be covered by Article 114
TFEU on the establishment and functioning of the internal market.
In addition, Article 11 of the Convention
may also affect services provided from a third country.  The measures in
question, which concern directly "access" of such services, would be
covered by the Union's common commercial policy pursuant to Article 207 TFEU. 
Article 14 of the Convention on data
protection comes under the Union's competence according to Article 16 TFEU.
Law enforcement (Chapters
IV-VI; Articles 15-25)
Chapter IV concerns criminal law and
cooperation with regards to enforcement (articles 15 to 18).  Article 15 of the
Convention does not impose the overall incrimination of conduct of manipulation
of sports competitions, but only certain forms (where they involve corruption,
coercion or fraud).  This could be covered by Article 83(1) TFEU when committed
by organised crime or through corrupt practices.[11]  However, Article 15
is not limited to organised crime and it also includes coercion and fraud
without any corruptive behaviour.  In this context, the relevant EU acquis
is limited.
Article 16 concerns money laundering.  At
Union level, this is regulated by Council Framework Decision 2001/500/JHA,[12] along with Directive
2014/42EU.[13] 
Article 16(3) of the Convention falls under EU competence and Article 114 TFEU;
Directive 2005/60/EC on the prevention of the use of the financial system for
the purpose of money laundering and terrorist financing is based on Article 114
TFEU.[14] 
As the directive does not cover specifically sports competitions, it does not
interfere with Article 16(3) of the Convention, which concerns "sports
betting operators" only.  Competence over Articles 17, 18, 22 and 23 (in
chapters IV and VI) is linked to the competence under Articles 15 and 16 of the
Convention.
Chapter V on jurisdiction, criminal
procedure and enforcement measures, and Chapter VI on sanctions and measures,
contain provisions which accompany the substantive criminal law provisions
contained in Article 15 to 18 of the Convention.  Article 19 of the Convention
(jurisdiction) is an accessory provision to the establishment of the criminal
provisions.  Articles 20, 21 and 25 of the Convention (investigative measures,
protection measures, seizure and confiscation) are criminal procedural measures
which may be covered by Article 82(2) TFEU (points (a) and (b)).
International cooperation (Chapters VII;
Articles 26-28)
Chapter VII concerns international
cooperation in judicial and other matters.  It is important to note that the
Convention does not contain any legal regime that would replace existing rules,
and it is therefore without prejudice to instruments which already exist in the
field of mutual assistance in criminal matters and extradition.[15]  In this context,
there is a comprehensive set of instruments at European level in order to
facilitate judicial cooperation in criminal matters which would apply either to
the different modi operandi of match-fixing or upon criminalization of
match-fixing as a new offence in the domestic legal order of the Member States.[16]  This would cover
Article 26 of the Convention.
Articles 27 and 28 of the Convention are
general provisions on cooperation which are covered by Article 165 TFEU.
Conclusions
Certain offences are currently not covered
by Article 83(1) TFEU.  The Union has competence over the rest, but is
exclusive only over two provisions - Article 11 (to the extent that it applies
to services from and to third countries) and Article 14 on data protection (in
part).[17] 
The remainder is shared or "supportive" competence.
2.           LEGAL ELEMENTS OF THE
PROPOSAL
As far as the legal basis is concerned, it
is established case-law that the choice of legal basis for an EU measure must
rest on objective factors that are amenable to judicial review; these include
the aim and the content of the measure.[18] 
If examination of a European Union measure reveals that it pursues a twofold
purpose or that it has a twofold component and if one of those is identifiable
as the main or predominant purpose or component, whereas the other is merely
incidental, the measure must be founded on a single legal basis, namely that
required by the main or predominant purpose or component.  By way of exception,
if it is established that the measure pursues several objectives which are
inseparably linked without one being secondary and indirect in relation to the
other, the measures must be founded on the various corresponding legal bases.[19] 
The legal bases which potentially have
relevance here are: Article 16 TFEU (data protection), Article 82(1) and 82(2)
TFEU (judicial cooperation in criminal matters), Article 83(1) TFEU
(substantive criminal law), Articles 114 TFEU (establishment and functioning of
the internal market), Article 165 TFEU (sports) and Article 207 TFEU (common
commercial policy). 
Taken as a whole, the objective of
combatting the manipulation of sports competitions contains elements of
prevention and cooperation which are mainly covered by Article 165 TFEU and
elements of cooperation and approximation which are covered by Articles 114
(for the non-criminal provisions), Article 207 TFEU (insofar as those
provisions relate to access by third country betting operators) and Articles
82(1) and 83 TFEU (for criminal matters).
Insofar as the betting services are
concerned, Articles 114 and 207 TFEU may be relevant, depending on whether the
services are "intra EU" or not.  It appears that the internal market
aspect is more prominent in the Convention as a whole, whereas the common
commercial policy aspect appears to be present only in Article 11 of the
Convention.  However, even if Article 207 TFEU is not mentioned and considered
ancillary to the internal market aspects, Member States are not competent to
the relevant aspects which fall in the common commercial policy. 
As regards data protection, it is not the
main objective of the Convention and its provisions are simply incidental. 
Nowadays many Conventions of the Council of Europe will recall that data
protection needs to be respected, even if such obligations may flow from other
Conventions as well (such as Convention No 108 for the Protection of
Individuals with regard to Automatic Processing of Personal Data), insofar as
the Parties to each Convention may not be identical.
As a consequence, for the EU to exercise
its competences over the entirety of the Convention (excluding the elements
over which it would have no competence), the main legal bases are Articles
82(1), 83(1), 114 and 165 TFEU.
It follows from the intertwined nature of the Convention, and the
fact that it involves competences which may be exclusive of the EU and
competences not granted to the EU, that it is not possible for the Union or the
Member States to conclude the Convention in isolation.  
2015/0043 (NLE)
Proposal for a
COUNCIL DECISION
on the signing, on behalf of the European
Union, of the Council of Europe Convention on the manipulation of sports
competitions with regard to matters related to substantive criminal law and
judicial cooperation in criminal matters
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Articles 82(1), 83(1) TFEU, in conjunction with Article 218(5) thereof,
Having regard to the proposal from the
European Commission,
Whereas:
(1)       On 10 June 2013, the
Council authorised the Commission to participate, on behalf of the European
Union, in the negotiations for an international convention of the Council of
Europe to combat the manipulation of sports competitions (hereinafter referred
to as "the Convention") with the exception of matters related to
cooperation in criminal matters and police cooperation.
(2)       On 23 September 2013, the
Council adopted a second authorization for the Commission to participate, on
behalf of the European Union, in the negotiations for the Convention as regards
matters related to cooperation in criminal matters and police cooperation. [20]
(3)       The negotiations were
successfully concluded by the adoption of the Convention by the Council of
Europe Committee of Ministers on 9 July 2014.
(4)       Article 15 of the
Convention does not impose the overall incrimination of conduct of manipulation
of sports competitions, but only certain forms (where they involve corruption,
coercion or fraud). The conduct constituting manipulation of sports
competitions is only partly covered by the explicitly mentioned areas of crime
in Article 83 (1) TFEU, where it involves organised crime or fraudulent
practices.[21]

(5)       Article 16 of the
Convention requires Parties to adopt the measures necessary to establish, as
criminal offences, conduct involving money laundering when the predicate
offence is giving rise to profit is one of those referred to in Articles 15 and
17 of the Convention "and in any event, in the case of extortion,
corruption and fraud". "Money laundering" is
mentioned in Article 83 (1) TFEU.  At Union level, money laundering is
regulated by Council Framework Decision 2001/500/JHA.[22]
(6)       Competence
over Articles 17, 18, 22 and 23 (in chapters IV and VI) of the Convention is
linked to the competence under Articles 15 and 16 of the Convention. 
(7)       Chapter V on jurisdiction,
criminal procedure and enforcement measures and chapter VI on sanctions and
measures contain provisions which accompany the substantive criminal law
provisions contained in Article 15 to 18 of the Convention. Article 19 of the
Convention (jurisdiction) is an accessory provision to the establishment of the
criminal. 
(8)       Chapter VII concerns
international cooperation in judicial and other matters. It is important to
note that the Convention does not contain any legal regime that would replace
existing rules, and it is therefore without prejudice to instruments which
already exist in the field of mutual assistance in criminal matters and
extradition.[23]
In this context, there is a comprehensive set of instruments at European level
in order to facilitate judicial cooperation in criminal matters which would
apply either to the different modi operandi of the manipulation of
sports competitions or upon criminalization of the manipulation of sports
competitions as a new offence in the domestic legal order of the Member States.[24] 
(9)        The European Union is
promoting the signing of the Council of Europe Convention on the manipulation
of sports competitions, as a contribution to the European Union's effort to
combat the manipulation of sports competitions in order to protect the
integrity of sport and sports ethics in accordance with the principle of
autonomy of sport.
(10)     Therefore, the Convention
should be signed on behalf of the European Union, subject to its conclusion at
a later date.
HAS ADOPTED THIS DECISION: 
Article 1
The signing of the Council of Europe
Convention on the Manipulation of Sports Competitions is hereby approved on
behalf of the Union, subject to the conclusion of the said Convention.
The text of the Convention to be signed is
attached to this Decision.
Article 2
The Council Secretariat General shall
establish the instrument of full powers to sign the Convention, subject to its
conclusion, for the person(s) indicated by the negotiator of the Convention.
Article 3
This Decision shall enter into force on
the  day following that of its publication in the Official Journal of the
European Union.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]       COM(2012)655 final. 
[2]       The Commission issued a statement to the Council minutes in
which it disagreed with the insertion of the substantive legal basis, see
Council document No 10509/13. 
[3]       Council Decision 2013/304/EU of 10 June 2013 authorizing the
European Commission to participate, on behalf of the EU, in the negotiations
for an international convention of the Council of Europe to combat the
manipulation of sports results with the exception of matters related to
cooperation in criminal matters and police cooperation, OJ L170, 22.6.2013,
p.62. 
[4]       Council Decision authorizing the European Commission to
participate, on behalf of the EU, in the negotiations for an international
convention of the Council of Europe to combat the manipulation of sports
results as regards matters related to cooperation in criminal matters and
police cooperation, Council document No 10180/13.
[5]       Malta voted against the Convention, and submitted a request
to the European Court of Justice for an opinion on the Convention pursuant to
Article 218(11) TFEU on 11 July 2014 (Opinion 1/14).
[6]       http://ec.europa.eu/internal_market/gambling/communication/index_en.htm
[7]       By way of recent example: http://ec.europa.eu/dgs/home-affairs/financing/fundings/security-and-safeguarding-liberties/other-programmes/cooperation-between-public-private/index_en.htm
[8]       Prevention is addressed in Chapters II and III as well as in
Articles 27 and 28 of the Convention. 
[9]       Notably Articles 4, 5(1), 6, 7 of the Convention on
encouragement of certain actions by sports organisations and Article 8 of the
Convention, as well as certain aspects of Articles 9, 10(2), 12 and 13 of the
Convention.
[10]      See Article 2(5) TFEU: "In certain areas and under the
conditions laid down in the Treaties, the Union shall have competence to carry
out actions to support, coordinate or supplement the actions of the Member
States, without thereby superseding their competence in these areas." 
[11]      Council Framework Decision 2003/568/JHA on combating
corruption in the private sector, OJ L 192, 31.07.2003, p.54.
[12]      Council Framework Decision 2001/500/JHA on money laundering,
the identification, tracing, freezing, seizing and confiscation of
instrumentalities and the proceeds of crime, OJ L 182, 5.7.2001, p.1.
[13]      Directive 2014/42/EU of the European Parliament and of the
Council of 3 April 2014 on the freezing and confiscation of instrumentalities
and proceeds of crime in the European Union.
[14]      The directive sets out the framework designed to protect the
soundness, integrity and stability of credit and financial institutions and
confidence in the financial system as a whole, against the risks of money
laundering and terrorist financing.
[15]      §21 of the explanatory report.
[16]      Council Act of 29.5.2000 establishing the Convention on Mutual
Assistance in Criminal Matters between the Member States of the European Union,
OJ C197, 12.7.2000, p.1; Council Framework Decision 2002/584/JHA on the
European arrest warrant and the surrender procedures between Member States, OJ
L190, 18.7.2002, p.20; Council Framework decision 2003/577/JHA on the execution
in the European Union of orders freezing property or evidence, OJ L196,
2.8.2003, p.45; Council Framework Decision 2006/783/JHA on the application of
the principle of mutual recognition to confiscation orders; Council Framework
Decision 2008/978/JHA on the European evidence warrant, OJ L350, 30.12.2008;
Council Framework Decision 2009/948/JHA on prevention and settlement of
conflicts of exercise of jurisdiction in criminal proceedings, OJ L328,
15.12.2009, p.42; Directive 2014/41/EU regarding the European Investigation
Order in criminal matters, OJ L130, 1.5.2014, p.1; Directive 2014/42/EU on the
freezing and confiscation of instrumentalities and proceeds of crime in the
European Union, OJ L 127, 29.4.2014, p.39. 
[17]      Relevant legislative acts may include Directive 95/46/EC on
the protection of individuals with regard to the processing of personal data
and on the free movement of such data (OJL281, 23.11.1995, p.31.), Regulation
(EC) 45/2001 on the protection of individuals with regard to the processing of
personal data by the Community institutions and bodies and on the free movement
of such data (OJ L 8, 12.01.2001, p.l.) and Framework Decision 2008/977/JHA on
the protection of personal data processed in the framework of police and
judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p.60.).
[18]      C-377/12, Commission v Council, paragraph 34.
[19]      Ibid, at paragraph 34 of the judgment. 
[20]             Council document No 10180/13. 
[21]             Council Framework Decision 2003/568/JHA on combatting
corruption in the private sector, OJ L 192, 31.7.2003, p. 54. 
[22]             OJ L 182, 5.7.2001, p.1; See also Directive 2005/60/EC
on the prevention of the use of the financial system for the purpose of money
laundering and terrorist financing, OJ L 309, 25.11.2005, p. 15.  
[23]             §21 of the explanatory report.
[24]             Council Act of 29.5.2000 establishing the Convention on
Mutual Assistance in Criminal Matters between the Member States of the European
Union, OJ C197, 12.7.2000, p.1; Council Framework Decision 2002/584/JHA on the
European arrest warrant and the surrender procedures between Member States, OJ
L190, 18.7.2002, p. 20; Council Framework decision 2003/577/JHA on the
execution in the European Union of orders freezing property or evidence, OJ
L196, 2.8.2003, p. 45; Council Framework Decision 2006/783/JHA on the
application of the principle of mutual recognition to confiscation orders;
Council Framework Decision 2008/978/JHA on the European evidence warrant, OJ
L350, 30.12.2008; Council Framework Decision 2009/948/JHA on prevention and
settlement of conflicts of exercise of jurisdiction in criminal proceedings, OJ
L328, 15.12.2009, p. 42; Directive 2014/41/EU regarding the European Investigation
Order in criminal matters, OJ L130, 1.5.2014, p.1.; Directive 2014/42/EU on the
freezing and confiscation of instrumentalities and proceeds of crime in the
European Union, OJ L 127, 29.4.2014, p.39. 
                                                                                                
Council of Europe Treaty Series - No. 215
Council of Europe Convention
on the Manipulation
of Sports Competitions
Magglingen/Macolin, 18.IX.2014
                   Preamble
                   The
member States of the Council of Europe and the other signatories to this
Convention,
                   Considering
that the aim of the Council of Europe is to achieve a greater unity between its
members;
                   Considering
the Action Plan of the Third Summit of Heads of State and Government of the
Council of Europe (Warsaw, 16-17 May 2005), which recommends the continuation
of Council of Europe activities which serve as references in the field of
sport;
                   Considering
that it is necessary to further develop a common European and global framework
for the development of sport, based on the notions of pluralist democracy, rule
of law, human rights and sports ethics;
                   Aware
that every country and every type of sport in the world may potentially be
affected by the manipulation of sports competitions and emphasising that this
phenomenon, as a global threat to the integrity of sport, needs a global
response which must also be supported by States which are not members of the
Council of Europe;
                   Expressing
concern about the involvement of criminal activities, and in particular
organised crime in the manipulation of sports competitions and about its
transnational nature;
                   Recalling
the Convention for the Protection of Human Rights and Fundamental Freedoms
(1950, ETS No. 5) and its Protocols, the European Convention on Spectator
Violence and Misbehaviour at Sports Events and in particular at Football
Matches (1985, ETS No. 120), the Anti-Doping Convention (1989, ETS No. 135),
the Criminal Law Convention on Corruption (1999, ETS No. 173) and the Council
of Europe Convention on Laundering, Search, Seizure and Confiscation of the
Proceeds from Crime and on the Financing of Terrorism (2005, CETS No.
198);
                   Recalling
the United Nations Convention against Transnational Organized Crime (2000) and
the Protocols thereto;
                   Also
recalling the United Nations Convention against Corruption (2003);
                   Recalling
the importance of effectively investigating without undue delay the offences
within their jurisdiction;
                   Recalling
the key role that the International Criminal Police Organization (Interpol)
plays in facilitating effective co-operation between the law enforcement
authorities in addition to judicial co-operation;
                   Emphasising
that sports organisations bear the responsibility to detect and sanction the
manipulation of sports competitions committed by persons under their authority;
                   Acknowledging
the results already achieved in the fight against the manipulation of sports
competitions;
                   Convinced
that an effective fight against the manipulation of sports competitions
requires increased, rapid, sustainable and properly functioning national and
international co-operation;
                   Having
regard to Committee of Ministers’ Recommendations to member States Rec(92)13rev
on the revised European Sports Charter; CM/Rec(2010)9 on the revised Code of
Sports Ethics; Rec(2005)8 on the principles of good governance in sport and
CM/Rec(2011)10 on promotion of the integrity of sport to fight the manipulation
of results, notably match-fixing;
                   In
the light of the work and conclusions of the following conferences:
                   –       the
11th Council of Europe Conference of Ministers responsible for Sport, held in
Athens on 11 and 12 December 2008;
                   -        the
18th Council of Europe Informal Conference of Ministers responsible for Sport
(Baku, 22 September 2010) on promotion of the integrity of sport against the
manipulation of results (match-fixing);
                   –       the
12th Council of Europe Conference of Ministers responsible for Sport (Belgrade,
15 March 2012) particularly in respect of the drafting of a new
international legal instrument against the manipulation of sports results;
                   –       the
UNESCO 5th International Conference of Ministers and Senior Officials
Responsible for Physical Education and Sport (MINEPS V);
                   Convinced
that dialogue and co-operation among public authorities, sports organisations,
competition organisers and sports betting operators at national and
international levels on the basis of mutual respect and trust are essential in
the search for effective common responses to the challenges posed by the
problem of the manipulation of sports competitions;
                   Recognising
that sport, based on fair and equal competition, is unpredictable in nature and
requires unethical practices and behaviour in sport to be forcefully and
effectively countered;
                   Emphasising
their belief that consistent application of the principles of good governance
and ethics in sport is a significant factor in helping to eradicate corruption,
the manipulation of sports competitions and other kinds of malpractice in
sport;
                   Acknowledging
that, in accordance with the principle of the autonomy of sport, sports
organisations are responsible for sport and have self-regulatory and
disciplinary responsibilities in the fight against manipulation of sports
competitions, but that public authorities, protect the integrity of sport,
where appropriate;
                   Acknowledging
that the development of sports betting activities, particularly of illegal
sports betting, increases the risks of such manipulation;
                   Considering
that the manipulation of sports competitions may be related or unrelated to
sports betting, and related or unrelated to criminal offences, and that it
should be dealt with in all cases;
                   Taking
note of the margin of discretion which States enjoy, within the framework of
applicable law, in deciding on sports betting policies,
                   Have
agreed as follows:
                   Chapter
I – Purpose, guiding principles, definitions
                   Article
1 – Purpose and main objectives
         1        The
purpose of this Convention is to combat
the manipulation of sports competitions in order to protect the integrity
of sport and sports ethics in accordance with the principle of the autonomy of
sport.
         2        For
this purpose, the main objectives of this Convention are:
                   a        to
prevent, detect and sanction national or transnational manipulation of national
and international sports competitions;
                   b       to
promote national and international co-operation against manipulation of sports
competitions between the public authorities concerned, as well as with
organisations involved in sports and in sports betting.
                   Article
2 – Guiding principles
         1        The
fight against the manipulation of sports competitions shall ensure respect, inter
alia, for the following principles:
                   a        human
rights;
                   b       legality;
                   c        proportionality;
                   d       protection
of private life and personal data.
                   Article
3 – Definitions
                   For
the purposes of this Convention:
         1        “Sports
competition” means any sport event organised in accordance with the rules set
by a sports organisation listed by the Convention Follow-up Committee in
accordance with Article 31.2, and recognised by an international sports
organisation, or, where appropriate, another competent sports organisation. 
 
         2        “Sports
organisation” means any organisation which governs sport or one particular
sport, and which appears on the list adopted by the Convention Follow-up
Committee in accordance with Article 31.2, as well as its continental and
national affiliated organisations, if necessary. 
         3        “Competitions
organiser” means any sports organisation
or any other person, irrespective of their legal form, which organises
sports competitions.
         4        “Manipulation
of sports competitions” means an
intentional arrangement, act or omission aimed at an improper alteration of the
result or the course of a sports competition in order to remove
all or part of the unpredictable nature of the aforementioned sports
competition with a view to obtaining an undue advantage for oneself or for
others.
         5        “Sports
betting” means any wagering of a stake of monetary value in the expectation of
a prize of monetary value, subject to a future and uncertain occurrence related
to a sports competition. In particular:
                   a        “illegal
sports betting” means any sports betting activity whose type or operator is not
allowed under the applicable law of the jurisdiction where the consumer is
located; 
                   b       “irregular
sports betting” shall mean any sports betting activity inconsistent with usual
or anticipated patterns of the market in question or related to betting on a
sports competition whose course has unusual characteristics;
                   c        “suspicious
sports betting” shall mean any sports betting activity which, according
to reliable and consistent evidence, appears to be linked to a manipulation of
the sports competition on which it is offered.
         6        “Competition
stakeholder” means any natural or legal person belonging to one of the
following categories:
                   a        “athlete”
means any person or group of persons, participating in sports competitions;
                   b       “athlete
support personnel” means any coach, trainer, manager, agent, team staff, team
official, medical or paramedical personnel working with or treating athletes
participating in or preparing for sports competitions, and all other
persons working with the athletes;
                   c        “official”
means any person who is the owner of, a shareholder in, an executive or a staff
member of the entities which organise and promote sports competitions, as well
as referees, jury members and any other accredited persons. The term also
covers the executives and staff of the international sports organisation, or
where appropriate, other competent sports organisation which recognises the
competition.
 
         7        “Inside
information” means information relating to any competition that a person
possesses by virtue of his or her position in relation to a sport or
competition, excluding any information already published or common knowledge,
easily accessible to interested members of the public or disclosed in
accordance with the rules and regulations governing the relevant competition.
Chapter
II – Prevention, co-operation and other measures
                   Article
4 – Domestic co-ordination
         1        Each
Party shall co-ordinate the policies and action of all the public authorities
concerned with the fight against the manipulation of sports competitions.
         2        Each
Party, within its jurisdiction, shall encourage sports organisations,
competition organisers and sports
betting operators to co-operate in the fight against the manipulation of sports
competitions and, where appropriate, entrust them to implement the relevant
provisions of this Convention.
                   Article
5 – Risk assessment and management
         1        Each
Party shall – where appropriate in co-operation with sports organisations,
sports betting operators, competition organisers and other relevant
organisations – identify, analyse and evaluate the risks associated with the
manipulation of sports competitions.
         2        Each
Party shall encourage sports organisations, sports betting operators,
competition organisers and any other relevant organisation to establish
procedures and rules in order to combat manipulation of sports competitions and
shall adopt, where appropriate, legislative or other measures necessary for
this purpose.
                   Article
6 – Education and awareness raising
         1        Each
Party shall encourage awareness raising, education, training and research to
strengthen the fight against manipulation of sports competitions.
                   Article
7 – Sports organisations and competition organisers
         1        Each
Party shall encourage sports organisations and competition organisers to adopt
and implement rules to combat the manipulation of sports competitions as
well as principles of good governance, related, inter alia, to:
                   a        prevention
of conflicts of interest, including:
                            –       
prohibiting competition stakeholders from betting on sports competitions in
which they are involved;
                            –       
prohibiting the misuse or dissemination of inside information;
                   b       compliance
by sports organisations and their affiliated members with all their contractual
or other obligations;
                   c        the
requirement for competition stakeholders to report immediately any suspicious
activity,  incident, incentive or approach which could be considered an
infringement of the rules against the manipulation of sports competitions.
         2        Each
Party shall encourage sports organisations to adopt and implement the
appropriate measures in order to ensure:
                   a        enhanced
and effective monitoring of the course of sports competitions exposed to the
risks of manipulation;
                   b       arrangements
to report without delay instances of suspicious activity linked to the
manipulation of sports competitions to the relevant public authorities or
national platform;
                   c        effective
mechanisms to facilitate the disclosure of any information concerning potential
or actual cases of manipulation of sports competitions, including adequate
protection for whistle blowers;
                   d       awareness
among competition stakeholders including young athletes of the risk of
manipulation of sports competitions and the efforts to combat it,
through education, training and the dissemination of information;
                   e        the
appointment of relevant officials for a sports competition, in particular
judges and referees, at the latest possible stage.
         3        Each
Party shall encourage its sports organisations, and through them the
international sports organisations to apply specific, effective, proportionate
and dissuasive disciplinary sanctions and measures to infringements of their
internal rules against the manipulation of sports competitions, in particular
those referred to in paragraph 1 of this article, as well as to ensure mutual
recognition and enforcement of sanctions imposed by other sports organisations,
notably in other countries.
         4        Disciplinary
liability established by sports organisations shall not exclude any criminal,
civil or administrative liability.
                   Article
8 – Measures regarding the financing of sports organisations
         1        Each
Party shall adopt such legislative or other measures as may be necessary to
ensure appropriate transparency regarding the funding of sports organisations
that are financially supported by the Party.
         2        Each
Party shall consider the possibility of helping sports organisations to combat
the manipulation of sports competitions, including by funding
appropriate mechanisms.
         3        Each
Party shall where necessary consider withholding financial support or inviting
sports organisations to withhold financial support from competition
stakeholders sanctioned for manipulating sports competitions, for the
duration of the sanction.
         4        Where
appropriate, each Party shall take steps to withhold some or all financial or
other sport-related support from any sports organisations that do not
effectively apply regulations for combating manipulation of sports
competitions.
                   Article
9 –     Measures regarding the betting regulatory authority or other
responsible authority or authorities
         1        Each
Party shall identify one or more responsible authorities, which in the Party’s
legal order are entrusted with the implementation of sports betting regulation
and with the application of relevant measures to combat the manipulation of
sports competitions in relation to sports betting, including, where
appropriate:
                   a        the
exchange of information, in a timely manner, with other relevant authorities or
a national platform for illegal, irregular or suspicious sports betting as well
as infringements of the regulations referred to or established in accordance
with this Convention;
                   b       the
limitation of the supply of sports betting, following consultation with the
national sports organisations and sports betting operators, particularly
excluding sports competitions:
                            –       which
are designed for those under the age of 18; or 
                            –       where
the organisational conditions and/or stakes in sporting terms are inadequate;
                   c        the
advance provision of information about the types and the objects of sports
betting products to competition organisers in support to their efforts to
identify and manage risks of sports manipulation within their competition;
                   d       the
systematic use in sports betting of means of payment allowing financial flows
above a certain threshold, defined by each Party, to be traced, particularly
the senders, the recipients and the amounts;
                   e        mechanisms,
in co-operation with and between sports organisations and, where appropriate,
sports betting operators, to prevent competition stakeholders
from betting on sports competitions that are in breach of relevant sports rules
or applicable law;
                   f        the
suspension of betting, according to domestic law, on competitions for which an
appropriate alert has been issued.
         2        Each
Party shall communicate to the Secretary General of the Council of Europe the
name and addresses of the authority or authorities identified in pursuance of
paragraph 1 of this article.
                   Article
10 – Sports betting operators
         1        Each
Party shall adopt such legislative or other measures as may be necessary to
prevent conflicts of interest and misuse of inside information by natural or
legal persons involved in providing sports betting products, in particular
through restrictions on:
                   a        natural
or legal persons involved in providing sports betting products betting on their
own products; 
                   b       the
abuse of a position as sponsor or part-owner of a sports organisation to
facilitate the manipulation of a sports competition or to misuse inside
information;
                   c        competition
stakeholders being involved in compiling betting odds for the
competition in which they are involved;
                   d       any
sports betting operator who controls a competition organiser or stakeholder, as
well as any sports betting operator who is controlled by such a competition
organiser or stakeholder, offering bets on the competition in which this
competition organiser or stakeholder is involved.  
         2        Each
Party shall encourage its sports betting operators, and through them, the
international organisations of sports betting operators, to raise awareness
among their owners and employees of the consequences of and the fight against
manipulation of sports competitions, through education, training and the
dissemination of information.
         3        Each
Party shall adopt such legislative or other measures as may be necessary to
oblige sports betting operators to report irregular or suspicious betting
without delay to the betting regulatory authority, the other responsible
authority or authorities, or the national platform.
                   Article
11 – The fight against illegal sports betting
         1        With
a view to combating the manipulation of sports competitions, each Party shall
explore the most appropriate means to fight operators of illegal sports betting
and shall consider adopting measures, in accordance with the applicable law of
the relevant jurisdiction, such as:
                   a        closure
or direct and indirect restriction of access to illegal remote sports betting
operators, and closure of illegal land-based sports betting operators in the
Party’s jurisdiction;
                   b       blocking
of financial flows between illegal sports betting operators and consumers;
                   c        prohibition
of advertising for illegal sports betting operators;
                   d       raising
of consumers’ awareness of the risks associated with illegal sports betting.
Chapter
III – Exchange of information
                   Article
12 –   Exchange of information between competent public authorities, sports
organisations and sports betting operators
         1        Without
prejudice to Article 14, each Party shall facilitate, at national and
international levels and in accordance with its domestic law, exchanges of
information between the relevant public authorities, sports organisations, competition
organisers, sports betting operators and national platforms. In particular,
each Party shall undertake to set up mechanisms for sharing relevant
information when such information might assist in the carrying out of the risk
assessment referred to in Article 5 and namely the advanced provision of
information about the types and object of the betting products to the
competition organisers, and in initiating or carrying out investigations or
proceedings concerning the manipulation of sports competitions.
         2        Upon
request, the recipient of such information shall, in accordance with domestic
law and without delay, inform the organisation or the authority sharing the information
of the follow-up given to this communication.
         3        Each
Party shall explore possible ways of developing or enhancing co-operation and
exchange of information in the context of the fight against illegal sports
betting as set out in Article 11 of this Convention.
                   Article
13 – National platform
         1        Each
Party shall identify a national platform addressing manipulation of sports
competitions. The national platform shall, in accordance with domestic law, inter
alia:
                   a        serve
as an information hub, collecting and
disseminating information that is relevant to the fight against manipulation
of sports competitions to the relevant organisations
and authorities;
                   b       co-ordinate
the fight against the manipulation of sports competitions;
                   c        receive,
centralise and analyse information on irregular and suspicious bets placed on
sports competitions taking place on the territory of the Party and, where
appropriate, issue alerts;
                   d       transmit
information on possible infringements of laws or sports regulations referred to
in this Convention to public authorities or to sports organisations and/or
sports betting operators;
                   e        co-operate
with all organisations and relevant authorities at national and international
levels, including national platforms of other States.
         2        Each
Party shall communicate to the Secretary General of the Council of Europe the
name and addresses of the national platform. 
                   Article
14 – Personal data protection
         1        Each
Party shall adopt such legislative and other
measures as may be necessary to ensure that all actions against the
manipulation of sports competitions comply with relevant national and
international personal data protection laws and standards, particularly in the
exchange of information covered by this Convention.
         2        Each
Party shall adopt such legislative or other measures as necessary to guarantee
that the public authorities and organisations
covered by this Convention take the
requisite measures in order to ensure that, when personal data are collected,
processed and exchanged, irrespective of the nature of those exchanges, due
regard is given to the principles of lawfulness, adequacy, relevance and
accuracy, and also to data security and the rights of data subjects.
         3        Each
Party shall provide in its laws that the public authorities and organisations
covered by this Convention are to ensure that the exchange of data for the
purpose of this Convention does not
go beyond the necessary minimum for the pursuit of the stated purposes of the
exchange. 
         4        Each
Party shall invite the various public authorities and organisations
covered by this Convention to provide the requisite technical
means to ensure the security of the data exchanged and to guarantee their
reliability and integrity, as well as the availability and integrity of the
data exchange systems and the identification of their users.
Chapter
IV – Substantive criminal law and co-operation with regard to enforcement
                   Article
15 – Criminal offences relating to the manipulation of sports
competitions
         1        Each
Party shall ensure that its domestic laws enable to criminally sanction
manipulation of sports competitions when it involves either coercive, corrupt
or fraudulent practices, as defined by its domestic law.
                   Article
16 –   Laundering of the proceeds of criminal offences relating to the
manipulation of sports competitions
         1        Each
Party shall adopt such legislative or other measures as may be necessary to
establish as criminal offences under its domestic law the conduct as referred
to in Article 9, paragraphs 1 and 2, of the Council of Europe Convention on
Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism (2005, CETS No. 198), in Article 6, paragraph 1
of the United Nations Convention against Transnational Organized Crime (2000)
or in Article 23, paragraph 1 of the United Nations Convention against
Corruption (2003), under the conditions referred to therein, when the predicate
offence giving raise to profit is one of those referred to in Articles 15 and
17 of this Convention and in any event, in the case of extortion, corruption
and fraud.
         2        When
deciding on the range of offences to be covered as predicate offences mentioned
in paragraph 1, each Party may decide, in accordance with its domestic law, how
it will define those offences and the nature of any particular elements that
make them serious.
         3        Each
Party shall consider including the manipulation of sports competitions in its
money laundering prevention framework by requiring sports betting operators to
apply customer due diligence, record keeping and reporting requirements.
                   Article
17 – Aiding and abetting
         1        Each
Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences under its domestic law, when committed
intentionally, the aiding and abetting of the commission of any of the criminal
offences referred to in Article 15 of this Convention.
                   Article
18 – Corporate liability
         1        Each
Party shall adopt such legislative or other measures as may be necessary to
ensure that legal persons can be held liable for offences referred to in
Articles 15 to 17 of this Convention, committed for their benefit by any
natural person, acting either individually or as a member of an organ of the
legal person, who has a leading position within the legal person, based on:
                   a        a
power of representation of the legal person; 
                   b       the
authority to take decisions on behalf of the legal person; 
                   c        the
authority to exercise control within the legal person.
         2        Subject
to the legal principles of the Party, the liability of a legal person may be
criminal, civil or administrative.
         3        Other
than in the cases already provided for in paragraph 1, each Party shall take
the necessary measures to ensure that a legal person can be held liable when
lack of supervision or control by a natural person referred to in paragraph 1
has made possible the commission of an offence referred to in Articles 15 to 17
of this Convention for the benefit of that legal person by a natural person
acting under its authority.
         4        Such
liability shall be without prejudice to the criminal liability of the natural
persons who have committed the offence.
Chapter
V – Jurisdiction, criminal procedure and enforcement measures
                   Article
19 – Jurisdiction
         1        Each
Party shall adopt such legislative or other measures as may be necessary to
establish jurisdiction over the offences referred to in Articles 15 to 17 of
this Convention where that offence is committed:
                   a        in
its territory; or
                   b       on
board a ship flying its flag; or
                   c        on
board an aircraft registered under its law; or
                   d       by
one of its nationals or by a person habitually residing in its territory.
         2        Each
State or the European Union may, at the time of signature or when depositing
its instrument of ratification, acceptance or approval, by a declaration
addressed to the Secretary General of the Council of Europe, declare that it
reserves the right not to apply, or to apply only in specific cases or
conditions, the rules on jurisdiction laid down in paragraph 1, sub-paragraph d
of this article.
         3        Each
Party shall take the necessary legislative or other measures to establish
jurisdiction over offences referred to in Articles 15 to 17 of this Convention
in cases in which an alleged offender is present on its territory and cannot be
extradited to another Party on the basis of his or her nationality.
         4        When
more than one Party claims jurisdiction over an alleged offence referred to in
Articles 15 to 17 of this Convention, the Parties involved shall, where
appropriate, consult each other with a view to determining the most appropriate
jurisdiction for the purposes of prosecution.
         5        Without
prejudice to the general rules of international law, this Convention does not
exclude any criminal, civil and administrative jurisdiction exercised by a
Party in accordance with its domestic law.
                   Article
20 – Measures to secure electronic evidence
         1        Each
Party shall adopt legislative or other measures to secure electronic evidence, inter
alia through the expedited preservation of stored computer data, expedited
preservation and disclosure of traffic data, production orders, search and
seizure of stored computer data, real-time collection of traffic data and the
interception of content data, in accordance with its domestic law, when investigating
offences referred to in Articles 15 to 17 of this Convention.
                   Article
21 – Protection measures
         1        Each
Party shall consider adoption of such legal measures as may be necessary to
provide effective protection for:
                   a        persons
who provide, in good faith and on reasonable grounds, information concerning
offences referred to in Articles 15 to 17 of this Convention or otherwise
co-operate with the investigating or prosecuting authorities;
                   b       witnesses
who give testimony concerning these offences;
                   c        when
necessary, members of the family of persons referred to in sub-paragraphs a and
b.
Chapter
VI – Sanctions and measures
                   Article
22 – Criminal sanctions against natural persons
         1        Each
Party shall take the necessary legislative or other measures to ensure that the
offences referred to in Articles 15 to 17 of this Convention, when committed by
natural persons, are punishable by effective, proportionate and dissuasive
sanctions, including monetary sanctions, taking account of the seriousness of
the offences. These sanctions shall include penalties involving deprivation of
liberty that may give rise to extradition, as defined by domestic law.
                   Article
23 – Sanctions against legal persons
         1        Each
Party shall take the necessary legislative or other measures to ensure that
legal persons held liable in accordance with Article 18 are subject to
effective, proportionate and dissuasive sanctions, including monetary sanctions
and possibly other measures such as:
                   a        a
temporary or permanent disqualification from exercising commercial activity;
                   b       placement
under judicial supervision;
                   c        a
judicial winding-up order.
                   Article
24 – Administrative sanctions
         1        Each
Party shall adopt, where appropriate, such legislative or other measures in
respect of acts which are punishable under its domestic law as may be necessary
to punish infringements established in accordance with this Convention by
effective, proportionate and dissuasive sanctions and measures following
proceedings brought by the administrative authorities, where the decision may
give rise to proceedings before a court having jurisdiction.
         2        Each
Party shall ensure that administrative measures are applied. This may be done
by the betting regulatory authority or the other responsible authority or
authorities, in accordance with its domestic law.
                   Article
25 – Seizure and confiscation
         1        Each
Party shall take the necessary legislative or other measures, in accordance
with domestic law, to permit seizure and confiscation of:
                   a        the
goods, documents and other instruments used, or intended to be used, to commit
the offences referred to in Articles 15 to 17 of this Convention;
                   b       the
proceeds of those offences, or property of a value corresponding to those
proceeds.
Chapter
VII – International co-operation in judicial and other matters
         Article
26 – Measures with a view to international co-operation in criminal matters
         1        The
Parties shall co-operate with each other, in accordance with the provisions of
this Convention and in accordance with the relevant applicable international
and regional instruments and arrangements agreed on the basis of uniform or
reciprocal legislation and with their domestic law, to the widest extent
possible for the purposes of investigations, prosecutions and judicial
proceedings concerning the offences referred to in Articles 15 to 17 of this
Convention, including seizure and confiscation.
         2        The
Parties shall co-operate to the widest extent possible, in accordance with the
relevant applicable international, regional and bilateral treaties on
extradition and mutual assistance in criminal matters and in accordance with
their domestic law, concerning the offences referred to in Articles 15 to 17 of
this Convention.
         3        In
matters of international co-operation, whenever dual criminality is considered
to be a requirement, it shall be deemed to have been fulfilled, irrespective of
whether the laws of the requested State place the offence within the same
category of offence or use the same term to denominate the offence as the
requesting State, if the conduct underlying the offence in respect of which
legal mutual assistance or extradition is requested is a criminal offence under
the laws of both Parties.
         4        If
a Party that makes extradition or mutual legal assistance in criminal matters
conditional on the existence of a treaty receives a request for extradition or
legal assistance in criminal matters from a Party with which it has no such
treaty, it may, acting in full compliance with its obligations under
international law and subject to the conditions provided for by its own
domestic law, consider this Convention to be the legal basis for extradition or
mutual legal assistance in criminal matters in respect of the offences referred
to in Articles 15 to 17 of this Convention.
                   Article
27 – Other international co-operation measures in respect of prevention
         1        Each
Party shall endeavour to integrate, where appropriate, the prevention of and
the fight against the manipulation of sports competitions into assistance
programmes for the benefit of third States.
                   Article
28 – International co-operation with international sports organisations
         1        Each
Party, in accordance with its domestic law, shall co-operate with international
sports organisations in the fight against the manipulation of sports
competitions.
Chapter
VIII – Follow up
                   Article
29 – Provision of information
         1        Each
Party shall forward to the Secretary General of the Council of Europe, in one
of the official languages of the Council of Europe, all relevant information
concerning legislative and other measures taken by it for the purpose of
complying with the terms of this Convention.
                   Article
30 – Convention Follow-up Committee
         1        For
the purposes of this Convention, the Convention Follow-up Committee is hereby
set up.
         2        Each
Party may be represented on the Convention Follow-up Committee by one or more
delegates, including representatives of public authorities responsible for
sport, law-enforcement or betting regulation. Each Party shall have one vote.
         3        The
Parliamentary Assembly of the Council of Europe, as well as other relevant
Council of Europe intergovernmental committees, shall each appoint a
representative to the Convention Follow-up Committee in order to contribute to
a multisectoral and multidisciplinary approach. The Convention Follow-up
Committee may, if necessary, invite, by unanimous decision, any State which is
not a Party to the Convention, any international organisation or body, to be
represented by an observer at its meetings. Representatives appointed under
this paragraph shall participate in meetings of the Convention Follow-up
Committee without the right to vote.
         4        Meetings
of the Convention Follow-up Committee shall be convened by the Secretary
General of the Council of Europe. Its first meeting shall be held as soon as
reasonably practicable, and in any case within one year after the date of entry
into force of the Convention. It shall subsequently meet whenever a meeting is
requested by at least one third of the Parties or by the Secretary General.
         5        Subject
to the provisions of this Convention, the Convention Follow-up Committee shall
draw up and adopt by consensus its own rules of procedure.
         6        The
Convention Follow-up Committee shall be assisted by the Secretariat of the
Council of Europe in carrying out its functions.
                   Article
31 – Functions of the Convention Follow-up Committee
         1        The
Convention Follow-up Committee is responsible for the follow-up to the
implementation of this Convention.
         2        The
Convention Follow-up Committee shall adopt and modify the list of sports
organisations referred to in Article 3.2, while ensuring that it is published
in an appropriate manner.
         3        The
Convention Follow-up Committee may, in particular:
                   a        make
recommendations to the Parties concerning measures to be taken for the purposes
of this Convention, in particular with respect to international co-operation;
                   b       where
appropriate, make recommendations to the Parties, following the publication of
explanatory documentation and, after prior consultations with representatives
of sports organisations and sports betting operators, in particular on:
                            –       the
criteria to be met by sports organisations and sports betting operators in
order to benefit from the exchange of information referred to in Article 12.1
of this Convention;
                            –       other
ways aimed at enhancing the operational co-operation between the relevant
public authorities, sports organisations and betting operators, as mentioned in
this Convention;
                   c        keep
relevant international organisations and the public informed about the
activities undertaken within the framework of this Convention;
                   d       prepare
an opinion to the Committee of Ministers on the request of any non-member State
of the Council of Europe to be invited by the Committee of Ministers to sign
the Convention in pursuance of Article 32.2.
         4        In
order to discharge its functions, the Convention Follow-up Committee may, on
its own initiative, arrange meetings of experts.
         5        The
Convention Follow-up Committee, with the prior agreement of the Parties
concerned, shall arrange visits to the Parties.
Chapter
IX – Final provisions
                   Article
32 – Signature and entry into force
         1        This
Convention shall be open for signature by the member States of the Council of
Europe, the other States Parties to the European Cultural Convention, the
European Union and the non-member States which have participated in its
elaboration or enjoying observer status with the Council of Europe. 
         2        This
Convention shall also be open for signature by any other non-member State of
the Council of Europe upon invitation by the Committee of Ministers. The
decision to invite a non-member State to sign the Convention shall be taken by
the majority provided for in Article 20.d of the Statute of the Council of
Europe, and by a unanimous vote of the representatives of the Contracting
States entitled to sit on the Committee of Ministers, after consulting the
Convention Follow-up Committee, once established. 
         3        This
Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe.
         4        This
Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which five
signatories, including at least three member States of the Council of Europe,
have expressed their consent to be bound by the Convention in accordance with
the provisions of paragraphs 1, 2 and 3.
         5        In
respect of any signatory State or the European Union which subsequently
expresses its consent to be bound by it, the Convention shall enter into force
on the first day of the month following the expiration of a period of three
months after the date of the expression of its consent to be bound by the
Convention in accordance with the provisions of paragraphs 1, 2 and 3.
         6        A
Contracting Party which is not a member of the Council of Europe shall
contribute to the financing of the Convention Follow-up Committee in a manner
to be decided by the Committee of Ministers after consultation with that Party.
                   Article
33 – Effects of the Convention and relationship with other international
instruments
         1        This
Convention does not affect the rights and obligations of Parties under
international multilateral conventions concerning specific subjects. In
particular, this Convention does not alter their rights and obligations arising
from other agreements previously concluded in respect of the fight against
doping and consistent with the subject and purpose of this Convention.
         2        This
Convention supplements in particular, where appropriate, applicable
multilateral or bilateral treaties between the Parties, including the
provisions of:
                   a        the
European Convention on Extradition (1957, ETS No. 24);
                   b       the
European Convention on Mutual Assistance in Criminal Matters (1959, ETS No.
30); 
                   c        the
Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from
Crime (1990, ETS No. 141);
                   d       the
Council of Europe Convention on Laundering, Search, Seizure and Confiscation of
the Proceeds from Crime and on the Financing of Terrorism (2005, CETS No. 198).

         3        The
Parties to the Convention may conclude bilateral or multilateral treaties with
one another on the matters dealt with in this Convention in order to supplement
or strengthen the provisions thereof or to facilitate the application of the
principles embodied therein.
         4        If
two or more Parties have already concluded a treaty on the matters dealt with
in this Convention or have otherwise established relations in respect of such
matters, they shall also be entitled to apply that treaty or to regulate those
relations accordingly. However, when Parties establish relations in respect of
the matters dealt with in this Convention other than as provided for therein,
they shall do so in a manner that is not inconsistent with the Convention’s
objectives and principles.
         5        Nothing
in this Convention shall affect other rights, restrictions, obligations and
responsibilities of Parties.
                   Article
34 – Conditions and safeguards
         1        Each
Party shall ensure that the establishment, implementation and application of
the powers and procedures provided for in Chapters II to VII are subject to
conditions and safeguards provided for under its domestic law, which shall
provide for the adequate protection of human rights and liberties, including
rights arising pursuant to obligations it has undertaken under the Convention
for the Protection of Human Rights and Fundamental Freedoms, the 1966 United
Nations International Covenant on Civil and Political Rights, and other
applicable international human rights instruments, and which shall incorporate
the principle of proportionality into its domestic law.
         2        Such
conditions and safeguards shall, as appropriate in view of the nature of the
procedure or power concerned, inter alia, include judicial or other
independent supervision, grounds justifying the application, as well as the
limitation of the scope and the duration of such power or procedure.
         3        To
the extent that it is consistent with the public interest, in particular the
sound administration of justice, each Party shall consider the impact of the
powers and procedures in these chapters upon the rights, responsibilities and
legitimate interests of third parties.
                   Article
35 – Territorial application
         1        Any
State or the European Union may, at the time of signature or when depositing
its instrument of ratification, acceptance or approval, specify the territory
or territories to which this Convention shall apply.
         2        Each
Party may, at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Convention to
any other territory specified in the declaration and for whose international
relations it is responsible or on whose behalf it is authorised to give
undertakings. In respect of such a territory the Convention shall enter into
force on the first day of the month following the expiration of a period of
three months after the date of receipt of the declaration by the Secretary
General.
         3        Any
declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification
addressed to the Secretary General of the Council of Europe. The withdrawal
shall become effective on the first day of the month following the expiration
of a period of three months after the date of receipt of such notification by
the Secretary General.
                   Article
36 – Federal clause
         1        A
federal State may reserve the right to assume obligations under Chapters II,
IV, V and VI of this Convention consistent with its fundamental principles
governing the relationship between its central government and constituent
States or other similar territorial entities, provided that it is still able to
co-operate under Chapters III and VII.
         2        When
making a reservation under paragraph 1, a federal State may not apply the terms
of such reservation to exclude or substantially diminish its obligations to
provide for the measures set out in Chapters III and VII. Overall, it shall
provide for a broad and effective enforcement capability with respect to those
measures.
         3        With
regard to the provisions of this Convention, the application of which comes
under the jurisdiction of each constituent States or other similar territorial
entities that are not obliged by the constitutional system of the federation to
take legislative measures, the federal government shall inform the competent
authorities of such States of the said provisions with its favourable opinion,
encouraging them to take appropriate action to give them effect.
                   Article
37 – Reservations
         1        By
a written notification addressed to the Secretary General of the Council of
Europe, any State or the European Union may, at the time of signature or when
depositing its instrument of ratification, acceptance or approval, declare that
it avails itself of the reservations provided for in Article 19, paragraph 2
and in Article 36, paragraph 1. No other reservation may be made.
         2        A
Party that has made a reservation in accordance with paragraph 1 may wholly or
partially withdraw it by means of a notification addressed to the Secretary
General of the Council of Europe. Such withdrawal shall take effect on the date
of receipt of such notification by the Secretary General. If the notification
states that the withdrawal of a reservation is to take effect on a date
specified therein, and such date is later than the date on which the
notification is received by the Secretary General, the withdrawal shall take
effect on that later date.
         3        A
Party that has made a reservation shall withdraw such reservation, in whole or
in part, as soon as circumstances so permit.
         4        The
Secretary General of the Council of Europe may periodically ask Parties that
have made one or more reservations for details about the prospects of
withdrawal of such reservation(s).
                   Article
38 – Amendments
         1        Amendments
to articles of this Convention may be proposed by any Party, the Convention
Follow-up Committee or the Committee of Ministers of the Council of Europe.
         2        Any
proposal for an amendment shall be communicated to the Secretary General of the
Council of Europe and forwarded by him or her to the Parties, the member States
of the Council of Europe, non-member States having participated in the
elaboration of this Convention or enjoying observer status with the Council of
Europe, the European Union, any State having been invited to sign this
Convention and the Convention Follow-up Committee at least two months before
the meeting at which it is to be considered. The Convention Follow-up Committee
shall submit to the Committee of Ministers its opinion on the proposed
amendment.
         3        The
Committee of Ministers shall consider the proposed amendment and any opinion
submitted by the Convention Follow-up Committee and may adopt the amendment by
the majority provided for in Article 20.d of the Statute of the Council of
Europe.
         4        The
text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded to the Parties for acceptance.
         5        Any
amendment adopted in accordance with paragraph 3 of this article shall come
into force on the first day of the month following the expiration of a period
of one month after all Parties have informed the Secretary General of their
acceptance thereof following their respective internal procedures. 
         6        If
an amendment has been adopted by the Committee of Ministers, but has not yet
entered into force in accordance with paragraph 5, a State or the European
Union may not express their consent to be bound by the Convention without
accepting at the same time the amendment.
                   Article
39 – Settlement of disputes
         1        The
Convention Follow-up Committee, in close co-operation with the relevant Council
of Europe intergovernmental committees shall be kept informed of any
difficulties regarding the interpretation and application of this Convention.
         2        In
the event of a dispute between Parties as to the interpretation or application
of this Convention, they shall seek a settlement of the dispute through
negotiation, conciliation or arbitration, or any other peaceful means of their
choice.
         3        The
Committee of Ministers of the Council of Europe may establish settlement
procedures which may be used by the Parties to a dispute, subject to their
consent.
                   Article
40 – Denunciation
         1        Each
Party may, at any time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.
         2        Such
denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the
notification by the Secretary General.
                   Article
41 – Notification
         1        The
Secretary General of the Council of Europe shall notify the Parties, the member
States of the Council of Europe, the other States Parties to the European
Cultural Convention, the non-member States having participated in the
elaboration of this Convention or enjoying observer status with the Council of
Europe, the European Union, and any State having been invited to sign this
Convention in accordance with the provisions of Article 32, of:
                   a        any
signature;
                   b       the
deposit of any instrument of ratification, acceptance or approval;
                   c        any
date of entry into force of this Convention in accordance with Article 32;
                   d       any
reservation and any withdrawal of a reservation made in accordance with Article
37;
                   e        any
declaration made in accordance with Articles 9 and 13;
                   f        any
other act, notification or communication relating to this Convention.
                   In
witness whereof the undersigned, being duly authorised thereto, have signed
this Convention.
                   Done
in Magglingen/Macolin, this 18th day of September 2014, in English and in
French, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Council of Europe. The Secretary General of
the Council of Europe shall transmit certified copies to each member State of
the Council of Europe, to the non-member States which have participated in the
elaboration of this Convention or enjoy observer status with the Council of
Europe, to the European Union and to any State invited to sign this Convention.