Considerations on COM(2015)84 - Signing of Council of Europe Convention on manipulation of sports competitions with regard to matters not related to substantive criminal law and judicial cooperation

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dossier COM(2015)84 - Signing of Council of Europe Convention on manipulation of sports competitions with regard to matters not related to ...
document COM(2015)84 EN
date March  2, 2015
 
(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) Provisions on prevention are mainly laid down in chapters II and III of the Convention.[21] These provisions may potentially be covered, in full or to a large extent, by Article 165 TFEU. It is to be mentioned that Article 165 TFEU is only a supportive competence which excludes any harmonization measures and does not supersede the competences of Member States in these areas.[22]

(5) Other measures, notably Articles 9, 10 (1) and (3) and 11 of the Convention contain some limited approximation of laws which can be covered by Article 114 TFEU.

(6) Article 11 may also affect services provided from a third country. The measures in question, which concern directly 'access' of such services, are covered by common commercial policy (Article 207 TFEU). Member States are not competent to the relevant aspects which fall in the common commercial policy.

(7) Article 14 on data protection comes under the Union's competence according to Article 16 TFEU and is also exclusive in nature.

(8) 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.

(9) Therefore, the Convention should be signed on behalf of the European Union, subject to its conclusion at a later date.