Council of Europe Convention on the manipulation of sports competitions E-Book

Collective

• Herausgeber: Conseil de l'Europe
• Kategorie: Geisteswissenschaft
• Sprache: Englisch
• Veröffentlichungsjahr: 2014

Seitenzahl: 138

Beschreibung

The Council of Europe Convention on the Manipulation of Sports Competitions is the first legally binding international tool to fight match-fixing. Its purpose is to prevent, detect and punish the manipulation of sports competitions, as well as to enhance the exchange of information and national and international co-operation between the public authorities concerned and with sports organisations and sports betting operators.

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Legal notice

Council of Europe Convention on the Manipulation of Sports Competitions and explanatory report

ISBN : 9789287180643

The opinions expressed in this work are the responsibility of the authors and do not necessarily refect the official policy of the Council of Europe.

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ISBN (book) : 9789287179371

ISBN (ePub) : 9789287180643

© Conseil de l’Europe, September 2014

Contents

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Council of Europe

Convention

on the Manipulation

of Sports Competitions

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 financingof 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 regulatoryauthority 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 of 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 competentpublic authorities, sports organisations and sports bettingoperators

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,