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Resolução da Assembleia da República n.º 109/2015 - Diário da República n.º 153/2015, Série I de 2015-08-07

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Resolução da Assembleia da República n.º 109/2015

Aprova a Convenção do Conselho da Europa sobre a Manipulação de Competições Desportivas, aberta a assinatura em Magglingen, a 18 de setembro de 2014.

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição:

Artigo 1.º

Aprovação

Aprovar a Convenção do Conselho da Europa sobre a Manipulação de Competições Desportivas, aberta a assinatura em Magglingen, a 18 de setembro de 2014, cujo texto na versão autenticada em língua inglesa, bem como a respetiva tradução para língua portuguesa, se publicam em anexo.

Artigo 2.º

Reserva

Nos termos do n.º 2 do artigo 19.º e do n.º 1 do artigo 37.º da Convenção referida no número anterior, é formulada a seguinte reserva:

Relativamente às competências previstas na alínea d) do n.º 1 do artigo 19.º, a República Portuguesa declara que não aplicará as normas de competência aí estabelecidas, em virtude de a legislação penal portuguesa estabelecer critérios de competência mais rigorosos e abrangentes do que o previsto na alínea supra referida.

Aprovada em 19 de junho de 2015.

O Presidente da Assembleia da República, em exercício, Guilherme Silva.

COUNCIL OF EUROPE CONVENTION ON THE MANIPULATION OF SPORTS COMPETITIONS

Magglingen/Macolin, 18.IX.2014

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;

5478 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 essen-

tial 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:

  1. To prevent, detect and sanction national or transnational manipulation of national and international sports competitions;

  2. 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:

  3. Human rights;

  4. Legality;

  5. Proportionality;

  6. 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:

  7. "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;

  8. "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;

  9. "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:

  10. "Athlete" means any person or group of persons, participating in sports competitions;

  11. "Athlete support personnel" means any coach, trainer, manager, agent, team staff, team official, medical or paramedical personnel...

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