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

 
TRECHO GRÁTIS

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 working with or treating athletes participating in or preparing for sports competitions, and all other persons working with the athletes;

  12. "Official" means any person who is the owner of, a shareholder in, an executive or a staff member of the entities which organise and promote sports competitions, as well as referees, jury members and any other accredited persons. The term also covers the executives and staff of the international sports organisation, or where appropriate, other competent sports organisation which recognises the competition.

    7 - "Inside information" means information relating to any competition that a person possesses by virtue of his or her position in relation to a sport or compe-

    tition, excluding any information already published or common knowledge, easily accessible to interested members of the public or disclosed in accordance with the rules and regulations governing the relevant competition.

    CHAPTER II

    Prevention, co -operation and other measures

    Article 4

    Domestic co -ordination

    1 - Each Party shall co -ordinate the policies and action of all the public authorities concerned with the fight against the manipulation of sports competitions.

    2 - Each Party, within its jurisdiction, shall encourage sports organisations, competition organisers and sports betting operators to co -operate in the fight against the manipulation of sports competitions and, where appropriate, entrust them to implement the relevant provisions of this Convention.

    Article 5

    Risk assessment and management

    1 - Each Party shall - where appropriate in co-operation with sports organisations, sports betting operators, competition organisers and other relevant organisations - identify, analyse and evaluate the risks associated with the manipulation of sports competitions.

    2 - Each Party shall encourage sports organisations, sports betting operators, competition organisers and any other relevant organisation to establish procedures and rules in order to combat manipulation of sports competitions and shall adopt, where appropriate, legislative or other measures necessary for this purpose.

    Article 6

    Education and awareness raising

    1 - Each Party shall encourage awareness raising, education, training and research to strengthen the fight against manipulation of sports competitions.

    Article 7

    Sports organisations and competition organisers

    1 - Each Party shall encourage sports organisations and competition organisers to adopt and implement rules to combat the manipulation of sports competitions as well as principles of good governance, related, inter alia, to:

  13. Prevention of conflicts of interest, including:

    - Prohibiting competition stakeholders from betting on sports competitions in which they are involved;

    - Prohibiting the misuse or dissemination of inside information;

  14. Compliance by sports organisations and their affiliated members with all their contractual or other obligations;

  15. The requirement for competition stakeholders to report immediately any suspicious activity, incident, incentive or approach which could be considered an infringement of the rules against the manipulation of sports competitions.

    5480 2 - Each Party shall encourage sports organisations to adopt and implement the appropriate measures in order to ensure:

  16. Enhanced and effective monitoring of the course of sports competitions exposed to the risks of manipulation;

  17. Arrangements to report without delay instances of suspicious activity linked to the manipulation of sports competitions to the relevant public authorities or national platform;

  18. Effective mechanisms to facilitate the disclosure of any information concerning potential or actual cases of manipulation of sports competitions, including adequate protection for whistle blowers;

  19. Awareness among competition stakeholders including young athletes of the risk of manipulation of sports competitions and the efforts to combat it, through education, training and the dissemination of information;

  20. The appointment of relevant officials for a sports competition, in particular judges and referees, at the latest possible stage.

    3 - Each Party shall encourage its sports organisations, and through them the international sports organisations to apply specific, effective, proportionate and dissuasive disciplinary sanctions and measures to infringements...

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