Considerations on COM(2017)386 - Conclusion of the Council of Europe Convention on the manipulation of sports competitions with regard to criminal law and judicial cooperation in criminal matters

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dossier COM(2017)386 - Conclusion of the Council of Europe Convention on the manipulation of sports competitions with regard to criminal law and ...
document COM(2017)386 EN
date July 27, 2017
 
(1) 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. 20  

(2) Article 16 of the Convention requires Parties to adopt the measures necessary to establish, as criminal offences, conduct involving money laundering when the offence giving rise to profit is a criminal offence relating to the manipulation of sports competitions as well as the aiding and abetting of the commission of such an offence. By means of Council Framework Decision 2001/500/JHA, the Union has established common rules. According to Article 1b thereof, Member States take the necessary steps not to make or uphold reservations in respect of serious laundering offences listed in Article 6 of the 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime. Thus, Union law establishes a definition of laundering offences. By providing that the laundering of proceeds of manipulation of sports competitions should be considered as money laundering, Article 16 of the Convention is likely to affect or alter the scope of the Union rules.

(3) 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.

(4) 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 provisions.

(5) 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. 21 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. 22  

(6) 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.

(7) 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.

(8) The provisions of the Convention falling under the competence of the Union other than the provisions related to substantive criminal law and judicial cooperation in criminal matters are subject to a separate Decision 23 adopted by the Council in parallel to this Decision.

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