Considerations on COM(2017)387 - Conclusion of the Council of Europe Convention on the manipulation of sports competitions on matters not related to criminal law and judicial cooperation in criminal matters

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dossier COM(2017)387 - Conclusion of the Council of Europe Convention on the manipulation of sports competitions on matters not related to criminal ...
document COM(2017)387 EN
date July 27, 2017
 
(1) Provisions on prevention are mainly laid down in chapters II and III of the Convention. 19 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. 20  

(2) 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.

(3) 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.

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

(5) The European Union is promoting 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.

(6) In accordance with Council Decision [……..] of [………] the Council of Europe Convention on the manipulation of sports competitions signed by […] on […], subject to its conclusion at a later date.

(7) Certain provisions of the Convention concern substantive criminal law and judicial cooperation in criminal matters and therefore fall within the scope of Title V of Part Three of the TFEU. A separate Decision relating to those provisions is to be adopted by the Council in parallel to this Decision.

(8) The Convention should be approved on behalf of the Union.