Proposal for a COUNCIL DECISION authorising Member States to become party, in the interest of the European Union, to the Council of Europe Convention on an Integrated Safety, Security, and Service Approach at Football Matches and Other Sports Events (CETS n°218)
Date: 2018-04-27
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU Member State, European convention, accession to an agreement, hooliganism, professional sport, sporting event

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   EUROPEAN COMMISSION  Brussels, 27.4.2018 COM(2018) 247 final 2018/0116 (NLE)  Proposal for a COUNCIL DECISION authorising Member States to become party, in the interest of the European Union,  to the Council of Europe Convention on an Integrated Safety, Security, and Service Approach at Football Matches and Other Sports Events  (CETS n°218)  
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT-MATTER OF THE PROPOSAL 

The  present  proposal  concerns  the  decision  authorising  Member  States  to  sign  and  ratify, 
in the  interest  of  the  European  Union,  the  Council  of  Europe  Convention  on  an  Integrated 
Safety,  Security,  and  Service  Approach  at  Football  Matches  and  Other  Sports  Events 
(‘CETS n°218’ or ‘the Convention’). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

Background 

On 29 May  1985, 39 people were killed and hundreds injured during violent confrontations 
between  football  fans  at  the  European  Cup  final  at  the  Heysel  stadium  in  Brussels.  
In the wake  of  that  disaster,  the  Council  of  Europe  drew  up  the  European  Convention  on 
Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches 
(CETS n°120) (‘Convention n°120’).  Convention n°120 focused on preventing, deterring and 
responding  to  incidents  of  violence  and  misbehaviour  inside  or  within  the  vicinity  of 
stadiums. Convention n°120 entered into force on 1 November 1985 and has been ratified by 
41 Parties, including most Member States of the European Union.  

In  December  2013,  the  Committee  of  Ministers  of  the  Council  of  Europe  concluded, 
in the light  of  a  study  on  the  merits  and  desirability  of  updating  Convention  n°120, 
that the latter  had  become  outdated:  its  content  –  in  particular  the  primary  emphasis  on 
security measures – was found to be inconsistent with experience and good practices and out 
of  step  with  more  recent  recommendations  of  the  Convention’s  Standing  Committee.  
The Committee  of  Ministers  therefore  instructed  the  Standing  Committee  to  revise 
Convention n°120. Rather than revising it, the Standing Committee decided to work on a new 
text. That work resulted in CETS n°218. 

2.2. 

The Convention 

CETS n°218 aims to provide a safe, secure and welcoming environment at football matches 
and other sports events (Article 2).  The Convention distinguishes between ‘safety measures’, 
‘security measures’ and ‘service measures’ (Article 3). 

The  Convention  requires  the  Parties  to  adopt  ‘an  integrated,  multi-agency  and  balanced 
approach towards safety, security and service’ (Article 2(a)), that is to say, an approach based 
on the notion that ‘safety, security and service measures at football matches and other sports 
events invariably overlap, are interrelated in terms of impact, need to be balanced and cannot 
be designed or implemented in isolation’ (Article 3(f)). 

The Convention requires the Parties to ensure national and local co-ordination arrangements 
for the purpose of developing and implementing a multi-agency integrated approach to safety, 
security and service (Article 4).  The Parties are required to take various measures with a view 
to  ensuring  safety,  security  and  service  inside  sports  stadiums  (Article  5);  for  example, 
they must ensure that stadiums’ operating arrangements make provision for effective liaison 
with  the  police  and  with  emergency  services  and  other  partner  agencies,  and  incorporate 
policies and procedures on matters such as racist or discriminatory behaviour (Article 5(5)).  
The Parties  are  furthermore  required  to  encourage  all  relevant  agencies  and  stakeholders 
to work together to create a safe, secure and welcoming environment in public places outside 
stadiums (Article 6).  The Parties must ensure that relevant agencies develop contingency and 

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emergency plans (Article 7) and they must encourage all agencies to engage proactively with 
supporters and local communities (Article 8). 

With  respect  to  policing,  Article  9  of  the  Convention  requires  the  Parties  to  ensure  that 
‘policing  strategies  are  developed,  regularly  evaluated  and  refined’,  which  take  account  of 
good practices and are consistent with the integrated approach to safety, security and service; 
the Parties must also ensure that the police work in partnership with relevant stakeholders. 

With respect to prevention and sanctioning, Article 10 of the Convention requires the Parties 
to  ‘take  all  possible  measures’  to  reduce  the  risk  of  incidents  of  violence  and  disorder  and 
to ensure,  in  accordance  with  national  and  international  law,  that  ‘effective  exclusion 
arrangements,  appropriate  to  the  character  and  location  of  risk’  are  in  place  to  deter  and 
prevent  such  incidents.    The  Parties  are  also  required  to  ‘co-operate  in  seeking  to  ensure 
that individuals committing offences abroad receive appropriate sanctions’ (Article 10(3)) and 
to  ‘consider  empowering  the  judicial  or  administrative  authorities  responsible  to  impose 
sanctions  on  individuals  who  have  caused  or  contributed  to  incidents  of  football-related 
violence  and/or  disorder,  with  the  possibility  of  imposing  restrictions  on  travel  to  football 
events held in another country’ (Article 10(4)). 

Article  11  of  the  Convention  is  entitled  ‘international  co-operation’.    It  obliges  the  Parties 
to set up a National Football Information Point (NFIP) to act as the designated sole conduit 
for  exchanging  all 
intelligence  regarding  football  matches  with 
an international dimension and for arranging other matters of international police co-operation 
(Articles  11(2)  to  (4)).    The  text  of  Articles  11(2)  to  (4)  was  inspired  by,  and  uses 
the terminology  of,  Council  Decision  2002/348/JHA  of  25  April  2002  concerning  security 
in connection with football matches with an international dimension. 

information  and 

The  final  clauses  of  the  Convention  deal  with  signature  (Article  16),  entry  into  force 
(Article 17), accession by non-member States of the Council of Europe (Article 18), effects of 
the  Convention  in  relation  to  Convention  n°120  (Article  19),  territorial  application  (Article 
20),  denunciation (Article 21), and notifications (Article 22).  These clauses  are ‘essentially 
based’  on  the  Model  Final  Clauses  for  Conventions  and  Agreements  concluded  within 
the Council of Europe of February 1980 and on the final clauses of Convention n°120. 

2.3. 

Existing Union law and policy in the area 

The Union has adopted a number of measures regarding police cooperation and the exchange 
of  police  information.    With  respect,  specifically,  to  police  cooperation  and  exchange  of 
police information on the subject-matter of safety and security at football matches, the Union 
has  adopted  Council  Decision  2002/348/JHA  of  25  April  2002  concerning  security 
in connection  with  football  matches  with  an  international  dimension.1    Council  Decision 
2002/348/JHA was based on Article 30(1)(a) of the Treaty on the European Union, currently 
Article  87(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  as  well  as 
on Article 34(2)(c) of the Treaty on the European Union (TEU), repealed. 

Council Decision 2002/348/JHA requires each Member State to ‘set up or designate a national 
football information point of a police nature’ (NFIPs), which ‘shall act as the direct, central 
contact  point  for  exchanging  relevant  information  and  for  facilitating  international  police 
cooperation in connection with football matches with an international dimension’ (Article 1).  
The  Council  Decision  specifies  the  tasks  of  the  NFIPs  (Article  2),  the  police  information 

1 

OJ L 121, 8.5.2002. 

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that shall  be  exchanged  between  them  (Article  3)  and  the  procedure  for  communication 
between  NFIPs  (Article  4).    Council  Decision  2007/412/JHA  of  12  June  2007  amending 
Decision  2002/348/JHA  concerning  security  in  connection  with  football  matches  with 
an international  dimension2  added  provisions  on  periodic  national  football  disorder 
assessments (Article 2(6)) and forms for exchange of information (Article 3(4)).  

Council Decision 2002/348/JHA is referred to in a Council Resolution of 17 November 2003 
on  the  use  by  Member  States  of  bans  on  access  to  venues  of  football  matches  with 
an international  dimension3  and  in  the  EU  Football  Handbook4.    The  Handbook,  which 
was first  adopted  in  June  1999  and  last  updated  in  November  2016,  contains  detailed 
recommendations  for  international  police  cooperation  and  measures  to  prevent  and  control 
violence  and  disturbances  in  connection  with  football  matches  with  an  international 
dimension,  including  guidance  on  the  exchange  of  police  information  and  on  the  role  and 
tasks of NFIPs. 

2.4. 

Reasons for the proposal 

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

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

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

Moreover,  the  commitments  undertaken  in  Article  11  of  the  Convention,  with  respect  to 
national  football  information  points  (NFIPs),  are  liable  to  affect  common  rules  within  the 
meaning of Article 3(2) TFEU.  This is because the obligation to set up or designate  NFIPs 

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OJ L 155, 15.6.2007, p. 76. 
OJ C 281, 22.11.2003, p. 1. 
Council  Resolution  of  6  December  2001  concerning  a  handbook  with  recommendations  for 
international  police  cooperation  and  measures  to  prevent  and  control  violence  and  disturbances 
in connection  with  football  matches  with  an  international  dimension,  in  which  at  least  one  Member 
State is involved; OJ C 022 , 24.01.2002, p. 1. 

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is already  contained in  Council Decision  2002/348/JHA, which  specifies  the tasks of NFIPs 
and  sets  out  rules  for  cooperation  between  them,  in  particular  with  respect  to  exchanging 
police  information.    The  commitments  contained  in  Articles  11(2)  to  11(4)  of  Convention 
n°218  coincide  almost  fully  with 
in  Council  Decision 
2002/348/JHA.    Indeed,  according  to  the  Explanatory  Report  to  Convention  n°218, 
‘NFIPs were  created  under  European  Union  Law’  and  the  text  of  Articles  11(2)  to  (4) 
was inspired by, and uses the terminology of, Council Decision 2002/348/JHA. 

the  obligations  contained 

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

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

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

3. 

LEGAL BASIS 

The  proposed  Council  Decision  is  based  on  Article  218(6)(a)(v)  and  Article  218(8)  TFEU, 
in conjunction  with  Article  87(1)  TFEU,  which  provides  the  main  legal  basis  for  EU 
legislation on police cooperation. 

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2018/0116 (NLE) 

Proposal for a 

COUNCIL DECISION 

authorising Member States to become party, in the interest of the European Union,  
to the Council of Europe Convention on an Integrated Safety, Security, and Service 
Approach at Football Matches and Other Sports Events  
(CETS n°218) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 218(6)(a)(v) and Article 218(8), in conjunction with Article 87(1) thereof, 

Having regard to the proposal from the European Commission, 
Having regard to the consent of the European Parliament5,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Convention on an Integrated Safety, Security, and Service Approach at Football 
Matches and Other Sports of the Council of Europe (‘the Convention’) has been open 
for signature and ratification since 3 July 2016. 

The Convention aims to provide a safe, secure and welcoming environment at football 
matches and other sports events. 

Articles  11(2)  to  11(4)  of  the  Convention,  with  respect  to  National  Football 
Information Points, may affect common rules or alter their scope within the meaning 
of  Article  3(2)  TFEU,  as  these  provisions  coincide  with  the  obligations  contained in 
Decision  2002/348/JHA  of  the  Council6  concerning  security  in  connection  with 
football matches with an international dimension. 

Union support to the Convention is important for combating violence related to sport 
events and would complement the efforts already made in this field through support to 
projects under the sport chapter of the Erasmus+ programme. 

The  Union  cannot  become  party  to  the  Convention,  as  only  States  can  be  parties 
thereto. 

(6)  Member States should therefore be authorised to sign and ratify the Convention, acting 
jointly  in  the  interests  of  the  Union,  in  respect  of  those  parts  falling  under 
the exclusive competence of the Union. 

(7) 

(8) 

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The  United  Kingdom  and  Ireland  are  bound  by  Council  Decision  2002/348/JHA, 
and are therefore taking part in the adoption of this Decision. 

In  accordance  with  Articles  1  and  2  of  Protocol  n°22  on  the  position  of  Denmark, 
annexed to the Treaty on the European Union and to the TFEU, Denmark is not taking 
part in the adoption of this Decision and is not bound by it or subject to its application, 

OJ C , , p. . 
Council  Decision  2002/348/JHA  of  25  April  2002  concerning  security  in  connection  with  football 
matches with an international dimension (OJ L 121, 8.5.2002, p. 1). 

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HAS ADOPTED THIS DECISION:  

Article 1 

Member  States  are  hereby  authorised  to  become  party  to  the  Convention  on  an  Integrated 
Safety, Security, and Service Approach at Football Matches and Other Sports of the Council 
of Europe (CETS n°218) in respect of those parts falling under the exclusive competence of 
the Union. 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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