Considerations on COM(2015)86 - Signing of the Council of Europe Convention on the manipulation of sports competitions on matters related to substantive criminal law and judicial cooperation - Main contents
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| dossier | COM(2015)86 - Signing of the Council of Europe Convention on the manipulation of sports competitions on matters related to substantive ... |
|---|---|
| document | COM(2015)86  |
| date | March 2, 2015 |
(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.