COUNCIL DECISION
of 10 June 2013
Authorising the European Commission to participate, on behalf of the EU, in the negotiations for an international Convention of the Council of Europe to combat the manipulation of sports results with the exception of matters related to cooperation in criminal matters and police cooperation
(2013/304/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 50, 56, 165, and 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission,
Whereas:
(1)
Negotiations should be opened on the preparation of an international Convention of the Council of Europe to combat the manipulation of sports results.
(2)
The negotiation process is based on the decision CM/Del/Dec/1145/8.1 of the Committee of Ministers of the Council of Europe dated 13 June 2012, following Resolution No 1 adopted by the 12th Council of Europe Conference of Ministers responsible for Sport which indicates that the scope of the draft instrument and its provisions should be based on Recommendation CM/Rec(2011)10, and on the feasibility study MSL12 (2012) 4 rev3.
(3)
The aim of the negotiating process is to present the Committee of Ministers of the Council of Europe with a draft Convention which, depending on the Committee of Ministers’ decision, will be finalised as a Convention and submitted to the Parliamentary Assembly of the Council of Europe for opinion, or referred to EPAS to be finalised as a non-binding legal instrument.
(4)
Certain provisions of the draft international Convention of the Council of Europe to combat the manipulation of sports results concern judicial cooperation in criminal matters and police cooperation and therefore fall within the scope of Title V of Part Three of the TFEU. A separate Decision relating to those provisions will be adopted in parallel to this Decision.
(5)
As the negotiations will cover matters which fall partly within the Union’s competence and partly within the Member States competence, the Union should participate in these negotiations together with its Member States. Member States may therefore attend negotiations and negotiate on matters falling within their competence.
(6)
In the case that the EU decides to join the future Convention, the legal nature of the Convention and distribution of the powers between the Member States and the Union will be determined separately at the end of the negotiations on the basis of an analysis of the precise scope of the coverage of the individual provisions,
HAS ADOPTED THIS DECISION:
Article 1
The Commission is hereby authorised to negotiate, on behalf of the European Union, on the matters falling within the Union’s competence an international Convention of the Council of Europe to combat the manipulation of sports results with the exception of matters related to cooperation in criminal matters and police cooperation, as set out in the negotiating directives annexed to this Decision.
Article 2
The negotiating directives are set out in the Annex.
Article 3
Pursuant to Article 1 the negotiations shall be conducted in consultation with the Council Working Party on Sport, reinforced by experts from other Council Working Parties as appropriate.
Article 4
This Decision is addressed to the Commission.
Done at Luxembourg, 10 June 2013.