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RAPPORTEUR GROUP |
Legal co-operation |
GR-J(2024)8 |
22 February 2024[1] |
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Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215) Request by Tunisia to be invited to sign and ratify
Item to be considered by the GR-J at its meeting on 19 March 2024 |
1. By a letter received and registered at the Secretariat General on 13 September 2023, H. E. Mr Nabil AMMAR, Minister of Foreign Affairs, Migration and Tunisians Abroad of the Republic of Tunisia, expressed to the Secretary General of the Council of Europe the interest of the Government of Tunisia to be invited to sign and ratify the Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215), which was opened for signature, in Magglingen, on 18 September 2014 (see Appendix 1).
2. Within the framework of Article 32, paragraph 2, of the Convention and following the practice of the Council of Europe, the Secretariat proceeded to a consultation of the member States of the Council of Europe, requesting them to communicate to the Secretariat whether their authorities would object to the signature by Tunisia of the Council of Europe Convention on the Manipulation of Sports Competitions if the request to be invited to sign and ratify was formally submitted to the Committee of Ministers. The deadline for replying was 16 February 2024. No objection was communicated to the Secretariat.
3. An Opinion from the Follow-up on Manipulation of Sports Competition (T-MC) regarding the request from Tunisia was enclosed to the consultation and appears in Appendix 2.
4. The relevant provisions of the Council of Europe Convention on the Manipulation of Sports Competitions can be summarised as follows.
a. Summary of the Convention
5. The Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215) was opened for signature by the member States, the other States Parties to the European Cultural Convention, the European Union and the non-member States which have participated in its elaboration or are enjoying observer status with the Council of Europe, in Magglingen, on 18 September 2014. It entered into force on 1 September 2019. The chart of signatures and ratifications appears in Appendix 3.
6. The purpose of this Convention is to prevent, detect, punish and discipline the manipulation of sports competitions, as well as enhance the exchange of information and national and international co-operation between the public authorities concerned, and with sports organisations and sports betting operators. The Convention calls on governments to adopt measures, including legislation, notably:
· Prevent conflicts of interest in sports betting operators and sports organisations;
· Encourage the sports betting regulatory authorities to fight against fraud, if necessary by limiting the supply of sports bets or suspending the taking of bets;
· Fight against illegal sports betting, allowing to close or restrict access to the operators concerned and block financial flows between them and consumers.
Sports organisations and competition organisers are also required to adopt and implement stricter rules to combat corruption, sanctions and proportionate disciplinary and dissuasive measures in the event of offences, as well as good governance principles. The Convention also provides safeguards for informants and witnesses.
7. Article 32, paragraph 6, of the Council of Europe Convention on the Manipulation of Sports Competitions provides that a Contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Committee of the Parties set up by this Convention. The calculation of this financial contribution is governed by Resolution CM/Res(2022)6, adopted by the Committee of Ministers on 6 April 2022, concerning financial arrangements for the participation of the European Union and non-member States in Council of Europe conventions.
b. Procedure for signature
8. Article 32, paragraph 2, of the Council of Europe Convention on the Manipulation of Sports Competitions provides that:
"This Convention shall also be open for signature by any other non-member State of the Council of Europe upon invitation by the Committee of Ministers. The decision to invite a non-member State to sign the Convention shall be taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by a unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers, after consulting the Convention Follow-up Committee, once established.”
9. Given the above, the Deputies may wish to invite Tunisia to sign and ratify the Council of Europe Convention on the Manipulation of Sports Competitions.
Appendix 1
TRANSLATION (*) Annex to letter JJ001/2024
dated 3 January 2024
Tunisian Republic
Ministry of Foreign Affairs,
Migration and Tunisians Abroad
The Minister
Tunis, 21 August 2023
Madam Secretary General,
I am writing to you in your capacity as Depositary of the Council of Europe Convention on the manipulation of sports competitions (Council of Europe Treaty Series No. 215), concluded in Magglingen, on 18 September 2014, to express the interest of the Government of the Tunisian Republic in acceding to this Convention.
In accordance with the relevant provisions of the said Convention, I hereby officially request you to kindly convey our interest and carry out the necessary consultations with the member States of the Council of Europe and any non-member States Parties to this Convention, regarding Tunisia's accession to the Council of Europe Convention on the manipulation of sports competitions.
Please accept, Madam Secretary General, the assurance of my highest consideration and best regards.
Nabil AMMAR
Minister of Foreign Affairs,
Migration and Tunisians Abroad
Ms Marija Pejčinović Burić,
Secretary General of the Council of Europe
Conseil de l’Europe
Palais de l’Europe
F-67075 Strasbourg Cedex
FRANCE
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(*) Letter registered by the Secretariat General on 13 September 2023 – Or. Fr.
Appendix 2
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Follow-up Committee on Manipulation of Sports competitions (T-MC) Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215) |
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Strasbourg, 15 December 2023 T-MC(2023)7
Follow-up Committee on the Manipulation of
sports competitions
Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215)
Opinion on the request for accession by Tunisia
Table of contents
1. Purpose and main objectives (Chapter I - Article 1 of the Convention)
2. Guiding principles (Chapter I - Article 2 of the Convention)
3. Definitions (Chapter I - Article 3 of the Convention)
4. Domestic co-ordination (Chapter II - Article 4 of the Convention)
7. Sports betting operators (Chapter II - Article 10 of the Convention)
8. The fight against illegal sports betting (Chapter II - Article 11 of the Convention)
10. Personal data protection (Chapter III - Article 14 of the Convention)
13. Complicity and liability of legal persons (Chapter IV - Articles 17 and 18 of the Convention)
15. Sanctions and measures (Chapter VI - Articles 22 to 25 of the Convention)
I. Introduction
Article 32, paragraph 2, of the Council of Europe Convention on the Manipulation of Sports Competitions (CETS No. 215, hereinafter "the Convention") provides that:
“This Convention shall also be open to signature by any other non-member State of the Council of Europe at the invitation of the Committee of Ministers. The decision to invite a non-member State to sign the Convention shall be taken by the majority provided for in Article 20.d of the Statute of the Council of Europe, and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Ministers, after consultation of the Follow-up Committee of the Convention, once established”.
It is recalled that in accordance with Article 32, paragraph 6, of the Convention, "a Contracting Party which is not a member of the Council of Europe shall contribute to the financing of the Convention Follow-up Committee in a manner to be decided by the Committee of Ministers after consultation with that Party”.
By letter of 21 August 2023, registered on 13 September 2023 with the Secretariat General of the Council of Europe, the Tunisian Minister of Foreign Affairs expressed the Tunisian Republic's interest in being invited to accede to the Convention.
As provided for in Article 31, paragraph 3, letter d of the Convention, the Follow-up Committee (T-MC) may prepare an opinion to the Committee of Ministers on the request of any non-member State of the Council of Europe to be invited by the Committee of Ministers to sign the Convention in pursuance of Article 32.2 of the Convention.
II. Opinion
After examining[2]:
- The Tunisian Constitution adopted on 25 July 2022;
- Tunisian anti-doping legislation ;
- Decree-Law no. 74-20 of 24 October 1974 on fairground facilities, parlor games and lotteries;
- Decree-Law No. 84-63 of 6 August 1984 on the organisation and development of physical and sports activities;
- Framework Decree-Law No. 2011-120 of 14 November 2011 on the fight against corruption;
- Organic Law no. 2015-26 of 7 August 2015 on the fight against terrorism and the repression of money laundering;
- Organic Law No. 2017-10 of 7 March 2017, on the reporting of corruption and the protection of whistleblowers;
- The draft Decree-Law on the organisation of games of chance, gambling and sports betting.
The T-MC notes the following:
1. Purpose and main objectives (Chapter I - Article 1 of the Convention)
The purpose of the Convention is to combat the manipulation of sports competitions, in order to protect the integrity of sport and sport ethics, while respecting the principle of the autonomy of sport.
The issue of the integrity of sport does not appear directly in the Tunisian Constitution, although several articles of the Constitution adopted in 2022 directly or indirectly promote the aim of the Convention, through their references to the principles of equality, equity, youth development, or directly to the encouragement of sport:
- Article 13 of the Tunisian Constitution stipulates that "the State shall ensure conditions conducive to the development of the capacities of young people and provide them with all the means to contribute actively to the overall development of the country";
- Article 50 states that "the State promotes sports and strives to provide the necessary resources for the practice of sports and recreational activities".
Furthermore, the fight against doping is explicitly included in Tunisian legislation, in a number of texts, and is therefore a concrete expression of Tunisia's commitment to defending the integrity of sport:
- Law 104 of 1994 clearly defined doping as being harmful and dangerous to sportsmen and women and therefore prohibited;
- The amendment of this law and the setting up of implementing texts relating to this subject which provide, in addition to the repressive aspect, for the setting up of the “Unité́ Nationale de Lutte Contre le Dopage” ;
- The issue of a number of circulars by the Ministry of Public Health concerning the regulation of the import and marketing of certain banned substances (anabolics);
- The Council of Europe Anti-Doping Convention, ratified by Tunisia on 01/04/2002.
Finally, a draft Decree-Law on the organisation of games of chance, betting and gambling includes, among its objectives, "the preservation of the integrity and transparency of competitions and sporting events covered by betting and gambling".
The Tunisian legislation may be considered to be in line with the objectives of the Convention, provided that the draft Decree-Law on the organisation of games of chance, betting and gambling is adopted.
2. Guiding principles (Chapter I - Article 2 of the Convention)
The fight against the manipulation of sporting competitions, as defined in the Convention, is based in particular on respect for the following principles:
a. Human rights;
b. Legality;
c. Proportionality;
d. Protection of privacy and personal data.
Article 19 of the Tunisian Constitution states that “the public administration and all State services are available to citizens on the basis of impartiality and equality. Any discrimination between citizens on the basis of any affiliation is an offence punishable by law”;
Article 22 of the Constitution states that “the State guarantees citizens individual and collective rights and freedoms. It provides them with the conditions for a dignified life”.
Article 23 enshrines the principle of equality: “Citizens are equal in their rights and duties. They are equal before the law without any discrimination”.
Chapters III to VI of the Constitution enshrine the elements guaranteeing the legality and proportionality of the Tunisian judicial system. In particular, article 117 states that “the judiciary is an independent function exercised by magistrates who, in the performance of their duties, are subject only to the authority of the law”.
Article 30 of the Constitution states that “the State shall protect privacy, the inviolability of the home and the secrecy of correspondence, communications and personal data. All citizens have the freedom to choose their place of residence and freedom of movement within the country, as well as the right to leave it”.
As for the Tunisian Data Protection Act, Article 1 defines its object and purposé: “every person has the right to the protection of personal data relating to his or her private life as being one of the fundamental rights guaranteed by the Constitution and may only be processed within the framework of transparency, fairnesś and respect for human dignitý and in accordance with the provisions of this Act.”
The protection of privacy and personal data is also guaranteed by the fact that Tunisia has already ratified the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), which entered into force on 01/11/2017.
The legal aspects relating to these elements are set out in Organic Law No. 2004-63 of 27 July 2004 on personal data. In 2019, Tunisia also signed the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.
The examination of the texts of Tunisian legislation tends to conclude that there is a general alignment with the guiding principles of the Convention.
3. Definitions (Chapter I - Article 3 of the Convention)
In July 2023, as part of the Neighbourhood Partnership between Tunisia and the Council of Europe 2022-2025, the Council of Europe carried out a mission to assist the Tunisian Ministry of Youth and Sport with its possible accession to the Convention on the Manipulation of Sports Competitions (the Macolin Convention). During this mission, the representatives of the Tunisian Ministry of Youth and Sports indicated that they fully supported the definitions set out in the Convention: "sports competition", "sports organisation", "competition organiser", "manipulation of sports competitions", "sports betting", "illegal sports betting", "atypical sports betting", "suspicious sports betting", "sportsperson", "sports support personnel", "official" and "insider information".
The Convention's definitions appear to be accepted by the Tunisian authorities and do not contradict the current legislation, but could be transposed into law (e.g. the draft Decree-Law on the organisation of games of chance, betting and gambling).
4. Domestic co-ordination (Chapter II - Article 4 of the Convention)
Article 4 of the Convention requires each Party to co-ordinate the policies and actions of the public authorities involved in combating the manipulation of sporting events (Chapter II).
During the assistance mission organised in July 2023 as part of the Neighbourhood Partnership between Tunisia and the Council of Europe 2022-2025, the Minister for Youth and Sport expressed concerns about the risks of manipulation of sporting competitions in Tunisia, which would mainly affect football. He emphasised the phenomena that accompany this scourge in the country: a rise in violence by disgruntled supporters, social disorder and, more generally, Tunisia's international image.
The Minister believes that it is important for his country to accede to the Convention, especially as this legal instrument addresses other issues of importance to Tunisia: regulation of sports betting, the fight against violence, governance of sports organisations, money laundering and cybercrime. Several participants from other ministries endorsed this position during the information meeting, while asking specific questions about the links between the Convention and the above-mentioned issues. The global and inclusive nature of the Convention makes it relevant to a number of topical issues in Tunisia (e.g. the development of cybercrime in connection with illegal gambling). At a time when Tunisia is introducing a new regulatory framework for the organisation of its sports betting (with the launch of odds-based betting), the Convention provides a particular opportunity to support the introduction of tools to monitor betting operations, protect public and social order and combat illegal betting.
The representatives of the Ministry of Youth and Sports and the Ministry of Foreign Affairs point out that this interest in the Convention is part of a more general process of legal convergence with European standards.
The mission revealed a clear desire to co-ordinate the actions of the public authorities involved in the fight against the manipulation of sporting competitions.
A draft Decree-Law on the organisation of games of chance, gambling and betting, sent to the participants in the assistance mission, bears witness to this ambition.
More specifically, Article 1er of the draft Decree-Law announces the objectives pursued, namely:
- Supervision of the organisation of games of chance, betting and wagering activities and prevention of the risks that may arise;
- Protecting minors and preventing gambling addiction;
- Protecting public safety and order and fighting crime through the channels used;
- Protection of punters' personal data,
- The fight against criminal activity, fraud and money laundering through the channels used in the organisation of gambling and betting;
- Safeguarding the integrity and transparency of sporting competitions and games and betting;
- Ensuring that games are operated in a balanced way, in line with public interest objectives.
The Tunisian legislation may be considered to comply with the provisions of Article 4 of the Convention, provided that the draft Decree-Law on the organisation of games of chance, betting and gambling is adopted.
5. Risk assessment and management - Education and awareness raising - Measures concerning sports organisations and competition organisers (Chapter II - Articles 5, 6, 7 and 8 of the Convention)
Articles 5, 6, 7 and 8 of the Convention provide that :
- Each Party shall identify, analyse and assess the risks associated with the manipulation of sports events;
- Each Party shall encourage sports organisations, sports betting operators, organisers of competitions and any other relevant organisation to adopt procedures and rules to combat the manipulation of sports competitions and shall, where appropriate, adopt such legislative or other measures as may be necessary to this end;
- Each Party shall encourage awareness-raising, education, training and research to strengthen the fight against the manipulation of sport competitions;
- Each Party shall encourage sports organisations and competition organisers to adopt and apply rules to combat the manipulation of sports competitions, as well as principles of good governance;
- Each Party shall adopt such legislative or other measures as may be necessary to ensure adequate transparency of the funding of sports organisations which are financially supported by the Party.
The previous paragraph (§4) indicates that the Tunisian public authorities, on the basis of the risk analysis carried out, and in particular the identification of concrete cases of manipulation in the football field, are displaying the ambition required by Articles 5 to 8. The Decree-Law mentioned in §4 confirms this trend. For example, Article 22 provides that the body responsible for regulating betting "shall put in place mechanisms to prevent the risks of addiction to gambling and the risks of manipulation of sporting competitions and the integrity of the games governed by this Decree-Law".
Nevertheless, several provisions of the Convention are not yet included in the Tunisian framework, and sport organisations should be adopting rules in line with the Olympic Movement Code on the Prevention of the Manipulation of Competitions which is compulsory for the Olympic movement.
The Tunisian legislation and framework can be considered to be broadly in line with the concerns set out in Articles 5 to 8 of the Convention, provided that:
- The draft Decree-Law on the organisation of games of chance, gambling and betting is adopted;
- Relations with Tunisian sports organisations and organisers of sporting competitions as part of the fight against the manipulation of sporting competitions are specified (for example in the draft Decree-Law);
- Tunisian sports organisations are urged to adopt rules in line with the Olympic Movement Code on the Prevention of the Manipulation of Competitions (OM Code PMC) and to further develop awareness-raising activities for their sportspersons.
6. Measures concerning the betting regulatory authority or other responsible authority or authorities (Chapter II - Article 9 of the Convention)
Article 9 of the Convention requires each Party to designate the responsible authority or authorities which, in that Party's legal system, are responsible for implementing the regulation of sports betting and applying the relevant measures to combat the manipulation of sporting events in connection with sports betting.
The draft Decree-Law on the organisation of games of chance, gambling and betting, forwarded to the participants in the assistance mission in July 2023, provides (Chapter III) for the creation and operation of an authority called the "general authority for games of chance, gambling and betting".
In particular, Article 23 states that "the present decree-law establishes a body known as the General Gaming, Betting and Gaming Authority, with legal personality and financial autonomy. Its headquarters are in Tunis and it reports to the Ministry of Youth and Sport. It is referred to as the body in this Decree-Law.
The administrative and financial organisation and operating procedures of the body shall be laid down by decree. The Finance Act shall set an annual percentage of revenue from games of chance, betting and wagering to finance the activities of the body".
Article 25 of the draft Decree-Law sets out the remit of the General Gaming Authority. "The authority is responsible for:
- To oversee the implementation of the State's general policy in the gambling and betting sector;
- To grant authorisations for the organisation of betting with odds via the Internet;
- To grant authorisations for the acquisition of the technical services necessary for the organisation of betting with odds via the Internet from abroad in accordance with the provisions of Article 14 of this Legislative Decree;
- Granting authorisations for operations to acquire shares in the capital of a duly authorised company or voting rights or to enter into a coalition in accordance with the provisions of Article 17 of this Decree-Law;
- To approve the annual business plans of gambling and betting operators;
- To monitor the compliance of gaming operators' activities with current legislation, in particular compliance with the principle of responsible gaming, as well as their obligations in terms of preventing money laundering and the financing of terrorism, and the manipulation of sporting competitions;
- To take the necessary measures against any act of organising games prohibited by this decree-law;
- Monitoring and dealing with anti-competitive practices and referring them to the Competition Council for jurisdiction;
- To set up mechanisms to prevent the risks of addiction to gambling and the risks of manipulation of sporting competitions and the integrity of the games governed by this Decree-Law;
- To co-ordinate with the competent public and judicial authorities, and inform them of any suspicions of improper use of revenues and financial transactions with the aim of undermining public order and the transparency of financial transactions. To transmit all available data relating to the crimes of money laundering, terrorist financing and tax evasion to the relevant public authorities;
- To rule on requests and complaints relating to the organisation of gambling and betting;
- Evaluate the sectoral risks relating to the exploitation of gambling and betting in organised crime networks, and inform the public authorities concerned of the results of the evaluation and any proposals arising from it;
- To issue mandatory opinions on all legislation and regulations relating to gambling and betting;
- To establish co-operative relations with similar foreign bodies, particularly with regard to the fight against the manipulation of sports results and the fight against the use of gambling and betting to commit crimes.
The body exercises full control over gaming operators and over all technical, financial and accounting operations for all games of chance, betting and gambling governed by this Decree-Law. It draws up an annual report, which is forwarded to the Prime Minister via the Ministry of Sport.”
This draft Decree-Law therefore meets the general requirements of Article 9 of the Convention. Although it does not explicitly mention the concept of a "national platform", the draft Decree-Law nevertheless provides for co-ordination between the betting regulatory authority and the competent Tunisian public and judicial authorities, as well as the corresponding exchange of information. It should be noted that co-operation with sports organisations does not feature directly in the draft Decree-Law, but this is offset by the fact that "the general authority for games of chance, money and betting, which has legal personality and financial autonomy, reports to the Ministry of Youth and Sport".
Article 45 of the draft Decree-Law responds to one of the elements put forward by Article 9 of the Convention, namely the possible limitation of the offer of bets when the conditions of integrity are not met. This article states that "gambling and betting operators, whether public or private, undertake to submit their annual programmes, which must contain the categories, names, number and provisional timetable of the games to be organised, by the end of October of the year preceding the year of the programme to be carried out.
This programme, which is submitted to the Gaming Control Board for approval, must be accompanied by an annual work plan covering the fight against the manipulation of sporting competitions, the fight against money laundering and the financing of terrorism, and the prevention of the manipulation of personal data for the opening and administration of bettors' accounts. This programme indicates the human, financial and technical capacities deployed by the gaming operator for its implementation and monitoring of results.
The body issues its reservations and observations concerning the programmes and work plans and informs the gaming operator concerned by any means that leaves a written trace, giving it a period of seven days to lift the reservations and observations. The date of approval takes into account the period granted for the removal of the reservations and observations.
By decision of its chairman, the body approves the annual programme and work plan of each gaming operator, including any corrections requested, no later than 15 December of the year preceding the year in respect of which the programme is to be implemented".
Article 53 of the draft Decree-Law, by treating certain breaches as administrative offences liable to penalties, also complies with several provisions of Article 9 of the Convention, namely:
- To ensure the systematic use in sports betting of means of payment enabling the tracing of financial flows above a certain threshold defined by each Party, in particular the issuers, beneficiaries and amounts;
- Suspension of the taking of bets, in accordance with its domestic legislation, on competitions on which an appropriate warning has been issued.
Article 53 of the draft Decree-Law cites the following offences in particular:
- "The use of electronic sites to commit or attempt to commit the crime of manipulating sporting competitions as provided for in Article 47 of this Decree-Law;
- The use of electronic sites in crimes or attempted crimes of money laundering and terrorist financing;
- Failure to inform the authorities immediately of the occurrence or attempted occurrence of crimes involving the manipulation of sporting competitions or money laundering and the financing of terrorism;
- The adoption of personal data that does not conform to authentic data in order to open bettors' accounts or to confirm such data;
- Failure to cancel a betting contest after recognition of a crime of manipulation of sporting competitions or suspicion of an attempt to manipulate sporting competitions via electronic sites".
The Tunisian legislation may be considered to be in line with the provisions of Article 9 of the Convention, provided that the draft Decree-Law on the organisation of games of chance, betting and gambling is adopted and its wording harmonised with the Convention.
7. Sports betting operators (Chapter II - Article 10 of the Convention)
Article 10 of the Convention requires that:
- "Each Party shall adopt such legislative or other measures as may be necessary to prevent conflicts of interest and the misuse of insider information by natural or legal persons involved in the provision of sports betting offers, in particular by restricting the possibility;
- Each Party shall encourage its sports betting operators to make their owners and employees aware of the consequences of and the fight against the manipulation of sporting events, through education, training and the dissemination of information;
- Each Party shall adopt such legislative or other measures as may be necessary to require sports betting operators to promptly report atypical or suspicious bets to the betting regulatory authority, other responsible authority or authorities, or the national platform".
Article 14 of the draft Decree-Law on the organisation of games of chance, money games and betting stipulates that "each company applying for authorisation to organise ribbed betting via the Internet is required to present evidence of its ability to:
- Manage the project by its own means without the intervention of a foreign company, either through participation in the capital in cash or in kind, or through the algorithms of the games and their administration within Tunisian territory;
- To honour its commitments in the fight against money laundering and the financing of terrorism in accordance with current legislation;
- Honour its commitments to prevent the manipulation of sports results and guarantee the integrity of betting and gaming".
Under these conditions, it may be considered that the draft Decree-Law complies overall with the provisions of Article 10 of the Convention, as long as all the provisions of this article are incorporated into the operators' prevention system. Tunisia could therefore be recommended to supplement its draft Decree-Law by directly incorporating certain terms from the Convention.
8. The fight against illegal sports betting (Chapter II - Article 11 of the Convention)
Article 11 of the Convention states that "in order to combat the manipulation of sporting competitions, each Party shall study the most appropriate means of combating illegal sports betting operators and shall consider the adoption of measures in accordance with applicable law".
Decree-Law no. 74-20 of 24 October 1974 defines games of chance as lotteries. Article 8 of the Decree-Law prohibits all lotteries, defined as follows: "sales of real estate, movable property or goods by lottery or to which premiums or other benefits due to chance have been attached, in the form of a competition or otherwise, and generally any operations offered to the public to raise hopes of a gain acquired by lottery".
Article 9 of the draft Decree-Law states that offences "shall be punishable by a fine of 1,000 to 5,000 Dinars and imprisonment of two to six months".
Article 11 of the draft Decree-Law states that the above prohibitions do not apply to "lotteries involving movable objects intended exclusively for charitable, mutual benefit or public utility works, as well as pari-mutuel betting, when they have been authorised under conditions laid down by Decree".
Ten years later, Articles 67 to 70 of Decree-Law No. 84-63 of 6 August 1984 on the organisation and development of physical and sporting activities enshrined the exclusive right granted to Promosport:
- "A public industrial and commercial establishment with legal personality and financial autonomy, called Société Promosport, is hereby created;
- Promosport is supervised by the Ministry of Youth and Sport;
- Société Promosport is responsible for promoting sporting activities and encouraging their financing by organising competitions, forecasts and all other related activities. The proceeds from its activities are intended exclusively for the development of physical and sporting activities.
In 2023, the draft Decree-Law on the organisation of games of chance, gambling and betting reiterated the sensitive nature of gambling. Article 6 stipulates that "The activity of organising games of chance is not treated in the same way as an ordinary commercial activity or an ordinary provision of services of any kind. This activity is subject to a specific legal regime. It may only be carried out within the framework of exclusive rights regimes, or within the framework of a licensing regime granted by the competent public authority in accordance with the provisions of this Decree-Law".
Article 13 enshrines the idea that in Tunisia, prohibition remains the general rule when it comes to organising games of chance: "It is prohibited for any company operating in a specific economic sector not governed by this Decree-Law to organise games of chance, money games and betting, either primarily or secondarily and through any communication medium".
The Tunisian legal framework therefore fully complies with the Convention's definition of illegal betting: "an illegal sports bet" means any sports bet for which the type or operator is not authorised under the law applicable in the jurisdiction where the consumer is located.
Article 22 of the draft Decree-Law gives powers to the Tunisian Gaming Regulatory Authority to combat illegal betting. In particular, the authority is responsible for :
- "To oversee the implementation of the State's general policy in the gambling sector;
- To grant authorisations for the organisation of betting with odds via the Internet;
- To take the necessary measures against any act of organising games prohibited by this Decree-Law".
Article 53 of the draft Decree-Law states that "the organisation of games of chance, betting and wagering in a manner that does not comply with the authorisation granted by the authority" constitutes an administrative offence punishable by administrative penalties imposed by the national authority for games of chance, betting and wagering. Article 54 of the draft Decree-Law also states that "without prejudice to the criminal penalties provided for in this Decree-Law, the national authority for games of chance, betting and gaming may impose on offenders in breach of the provisions of Article 43 of this Decree-Law the penalty of withdrawal of approval and temporary closure of the electronic site for a period of between six (6) months
and one year and a fine of between fifty thousand and one hundred thousand dinars. In the event of a repeat offence, the fine will be doubled and approval will be permanently withdrawn. The founders or managers of the company whose approval has been withdrawn, whether definitively or provisionally, may not apply for a new approval, even if the company or the composition of its capital changes".
Articles 58 to 62 below of the draft Decree-Law lay down a system of penalties that is perfectly suited to the objectives of the Convention:
Art 58: Any person who deliberately proceeds to organise betting with odds via the Internet or audio-visual channels and all non-physical channels outside the framework of the authorisations established by this Decree-Law shall be punished by imprisonment for a term of three (3) to five (5) years and a fine of 200% to 400% of the total value of the thing seized.
The same penalties are applied to anyone who voluntarily continues to organise games of chance, betting and wagering after his activity has been suspended in accordance with the provisions of Article 57 of this Decree-Law.
These sanctions are imposed on the legal representative of the offending legal entity. The same penalties will be imposed on intermediaries and suppliers of games of chance, betting and related programming and electronic platforms if they voluntarily participate in or mediate the organisation of games and competitions not approved by the authority within the meaning of this Legislative Decree.
The penalty will be doubled in the event of a repeat offence or in the event of the organisation of games and bets using foreign currency by any method that contravenes the legislation and regulations governing foreign exchange, or by using sites or platforms hosted abroad.
In all cases, the gambling tools and equipment will be seized and purified, as will the sums of money in circulation from illegal gambling and betting and the winnings from them. Any attempt to do so is punishable.
Art 59: Anyone who wilfully organises games of chance, gambling and betting as an exclusive activity of public undertakings, whether directly or indirectly, in accordance with the provisions of Articles 11 and 12 of this Decree-Law, shall be liable to imprisonment for between three (3) and five (5) years and a fine of between 200% and 400% of the total value of the goods seized.
Art 60: The legal representative of any legal person who voluntarily continues to organise odds betting after expiry of the period of authorisation without or before obtaining explicit renewal from the authority shall be punished by imprisonment for three (3) to five (5) years and a fine of 200% to 400% of the total value of the thing seized.
Art 61: Any legal representative of an operator or supplier of games or owner of a sales outlet who invites by any means or allows minors to participate in games of chance, gambling and betting is punishable by one (1) year's imprisonment and a fine of between fifty thousand (50,000) and one hundred thousand (100,000) dinars.
Any legal representative of a gaming operator or supplier or intermediary or sports structure or audio-visual or electronic broadcasting establishment who contravenes the provisions of Article 37 of this Decree-Law shall be liable to the same penalty.
Art 62: Without prejudice to the penalties provided for by the legislation in force relating to the protection of personal data, any legal representative of a gaming operator or supplier or owner of a sales outlet who allows personal data that is not identical to the authentic data to be used to open a bettor's account shall be punished by one (1) year's imprisonment and a fine of between fifty thousand (50,000) and one hundred thousand (100,000) dinars. The attempt is punishable.
Finally, it should be noted that Article 55 of the draft Decree-Law gives powers to the betting regulatory authority to combat illegal gambling operationally in accordance with certain provisions of the Convention (in particular, each party is considering the direct and indirect closure or restriction of access to illegal remote sports betting operators):
"The body shall inform the Minister responsible for telecommunications in order to order the authorised companies to close down the sites and electronic platforms operated by those in breach of the provisions of this Decree-Law, either provisionally or definitively, on the basis of the minutes, reports and decisions drawn up and taken by the body.
The body may ask the Minister responsible for telecommunications to order the closure of sites and electronic platforms used illegally to organise games of chance, betting and wagering, until such time as control and disciplinary measures have been carried out.
The body's decisions regarding the provisional or definitive closure of electronic sites and platforms are executed immediately".
In these circumstances, the draft Decree-Law can be considered to comply overall with the provisions of Article 11 of the Convention.
9. Exchange of information and national platform (Chapter III - Articles 12 and 13 of the Convention)
Articles 12 and 13 of the Convention require that :
- Each Party shall facilitate, at national and international level, and in accordance with its domestic legislation, the exchange of information between public authorities, sports organisations, competition organisers, relevant sports betting operators and national platforms;
- Each Party shall identify a national platform responsible for dealing with the manipulation of sports competitions.
As indicated in §6 of this document, the draft Decree-Law on the organisation of games of chance, betting and gambling envisages the exchange of information provided for in the Convention, even if it does not explicitly provide for co-ordination with sports organisations (note that several European countries also fall within this framework).
To date, Tunisia has not identified a national platform responsible for dealing with the manipulation of sporting competitions, but it should be noted that the general body for games of chance, gambling and betting could, given its remit and the way it operates, play a leading role in its co-ordination.
Furthermore, during the assistance mission to the Tunisian Ministry of Youth and Sport in July 2023 as part of the Neighbourhood Partnership between Tunisia and the Council of Europe 2022-2025, all the potential participants in a national platform met and shared the outlines of its potential organisation (Ministry of Youth and Sport, Ministry of the Interior, Ministry of Foreign Affairs, Public Ministry, Ministry of Justice, tax authorities, national body for the protection of personal data, future gambling regulatory body, etc.).).
On the whole, the draft Decree-Law can be considered to comply with the provisions of Articles 12 and 13 of the Convention, provided that :
- the draft Decree-Law on the organisation of games of chance, gambling and betting be adopted;
- relations with Tunisian sports organisations and organisers of sporting competitions as part of the fight against the manipulation of sporting competitions are specified (for example in the draft Decree-Law);
- the creation and operation of a national platform, whose potential members met in July 2023, and some of whose tasks are already the responsibility of the future General Gaming Authority are enshrined in legislation (for example in the draft Decree-Law).
10. Personal data protection (Chapter III - Article 14 of the Convention)
Article 14 of the Convention provides that each Party shall adopt such legislative and other measures as may be necessary to ensure that all measures against the manipulation of sporting events comply with relevant national and international laws and standards on the protection of personal data, in particular when exchanging information as referred to in this Convention.
At national level, these conditions are guaranteed by Tunisian Organic Law No. 2004-63 of 27 July 2004 on personal data and by the draft Decree-Law on the organisation of games of chance, betting and gambling.
On the other hand, it will be necessary to ensure that Tunisian legislation allows information to be exchanged with other international organisations (e.g. the Consultative Group of the Convention's Follow-up Committee, which constitutes the network of national platforms known as the Copenhagen Group, or Interpol), without contravening national law. In fact, this point has been raised by several States that have had to deal with difficulties in this area.
For the time being, Article 51 of the Tunisian Data Protection Act stipulates that "personal data may only be transferred to another country [...] may only take place if that country ensures an adequate level of protection assessed in the light of all the elements relating to the nature of the data to be transferred, the purposes for which it is to be processed, the duration of the processing envisaged, and the country to which the data is to be transferred as well as the necessary precautions implemented to ensure the securitý of the data", as well as in compliance with the conditions set out in the Data Protection Act.
In addition, Article 50 of the law generally prohibits "communicating or transferring personal data to a foreign country when this is likely to undermine public securitý or the vital interests of Tunisia."
The article of the law also states that "in all cases, it is compulsory to obtain authorisation from the Instance Nationale de Protection des Données à Caractère Personnel (INPDCP) to transfer personal data abroad".
The Tunisian legislation can be considered to comply with the provisions of Article 14 of the Convention. What remains to be done is to guarantee the possibility of exchanging information at international level in compliance with the applicable texts.
11. Criminal offences concerning the manipulation of sports competitions (Chapter IV – Article 15 of the Convention)
The Convention requires each Party to ensure that its domestic law makes it possible to punish the manipulation of sporting competitions as a criminal offence, where the acts involve elements of coercion, corruption or fraud as defined by its domestic law.
In November 2023, Framework Decree-Law No. 2011-120 of 14 November 2011 on the fight against corruption aims to "combat corruption in the public and private sectors, in particular by stepping up efforts to prevent, detect, prosecute and punish corruption, support international efforts to combat corruption, limit its impact and ensure that the proceeds of offences are returned". In particular, this Decree-Law enabled the creation of an independent public body known as the "national anti-corruption authority" with legal personality and administrative and financial autonomy.
This Decree-Law makes it possible to deal with and penalise the manipulation of sporting competitions, provided that corruption falls within the definitions set out in Tunisian legislation: By corruption, the Law means “the abuse of power, authority or function with a view to obtaining a personal advantage. Corruption includes in particular the offences of bribery in all its forms in the public and private sectors, misappropriation of public funds or their mismanagement or waste, abuse of authority, illicit enrichment, breach of trust, misappropriation of the funds of legal persons and money laundering”. However, it does not cover all manipulation as defined by the Convention (an intentional arrangement, act or omission aimed at an irregular modification of the result or the course of a sporting competition in order to eliminate all or part of the unpredictability of this competition, with a view to obtaining an undue advantage for oneself or for others). For example, if an athlete has not directly 'enriched' himself (for example because he was promised a contract in another country in exchange for manipulation), it could be difficult to punish him under criminal law.
Article 57 of the draft Decree-Law on the organisation of games of chance, gambling and betting therefore seems likely to clarify the situation and better meet the objectives of the Convention:
Art 57: Without prejudice to the penalties provided for by the legislation in force, anyone who manipulates or participates in the manipulation of gaming and betting competitions and anyone who commits fraud with the aim of making illicit profits shall be punished by five (5) years' imprisonment and a fine of between one hundred thousand (100,000) and one hundred and fifty thousand (150,000) dinars.
Any attempt to do so is punishable.
For the purposes of this article, the following shall be considered to be the handling of competitions which are the object of games and bets:
- Any intentional act directly influencing the outcome of the competition or the choices and forecasts forming part of the games and bets, or making its outcome known before the competition is played to one or more bettors or a gaming intermediary or operator with the aim of making an undue profit for his own account or for the account of others;
- Any participation or intermediation by any means or method in order to reach an agreement or agreements to commit acts that make known, in advance, the results of one or more competitions, including related events that are the subject of games and bets, to one or more punters or to an intermediary or a gaming operator subject to the provisions of this Decree-Law.
For the purposes of this article, the following is considered an act of fraud:
- Any organisation of bogus games of chance and betting to encourage the public to take part in games and competitions in return for payment;
- Any presentation of misleading promises to encourage punters to take part in competitions and games;
- Any act of non-payment of winners for reasons contrary to the general rules of the games competitions or any act of payment of winners by applying rates of winnings contrary to those set by the national gambling and betting authority.
It should be noted, however, and this is an important point, that an athlete who alters the course of a match (for example, by losing a game in tennis or taking a caution - yellow card - in football) and not the result could not be sanctioned under this Law. It would therefore be appropriate to amend the draft Decree-Law to take account of all the situations of manipulation referred to in the Convention.
It may be considered that the Tunisian legislation only partially complies with the provisions of Article 15 of the Convention. The Tunisian legislation should be brought into line with the definitions in the Convention, and in particular the concept of manipulation should be defined more broadly.
12. Laundering of the proceeds of criminal offences relating to the manipulation of sports competitions (Chapter IV - Article 16 of the Convention)
Article 16 of the Convention stipulates that each Party:
- Adopt the necessary legislative measures to establish as criminal offences under its domestic law the laundering, search, seizure and confiscation of the proceeds of crime and the financing of terrorism;
- Considers including the manipulation of sporting events as part of the prevention of money laundering, by requiring sports betting operators to apply consumer due diligence, record keeping and reporting requirements.
Organic Law 2015-26 of 7 August 2015 on the fight against terrorism and the suppression of money laundering sets out the general framework of Tunisian policy in this area. Article 1 of the Act recalls the objectives and the desire for co-operation: "This organic law aims to prevent and combat terrorism, money laundering. It also supports international efforts in this area, in accordance with international standards and within the framework of international, regional and bilateral conventions ratified by the Republic of Tunisia".
It should be noted that Law 2015-26 includes casino managers among those subject to the law who must take due diligence measures with regard to their customers, but not the operator in charge of sports betting (Promosport).
In 2023, the draft Decree-Law on the organisation of games of chance, gambling and betting will include a number of more specific provisions on money laundering in connection with sports betting and the manipulation of sporting events:
- Article 14 states that "each company applying for authorisation to organise betting with odds via the Internet must honour its commitments in the context of the fight against money laundering and the financing of terrorism in accordance with the legislation in force”;
- Article 22 stipulates that the Gambling Regulatory Authority is responsible for "monitoring the compliance of gambling operators' activities with the legislation in force, in particular compliance with the principle of responsible gambling, as well as their obligations in terms of preventing the crimes of money laundering and terrorist financing and the manipulation of sporting competitions".
- Article 45 requires betting operators licensed by the gaming regulator to submit an annual programme "accompanied by an annual work plan concerning the fight against the manipulation of sporting competitions, the fight against money laundering and the financing of terrorism";
- Article 53 considers as an administrative offence "the use of electronic sites in crimes or attempts to commit crimes of money laundering and terrorism financing", as well as "the failure to instantly inform the authority of the occurrence or attempts to commit crimes of manipulation of sports competitions or crimes of money laundering and terrorism financing".
Once the draft Decree-Law has been adopted, it can be considered that the provisions of Article 16 of the Convention have been fulfilled on the whole.
13. Complicity and liability of legal persons (Chapter IV - Articles 17 and 18 of the Convention)
Article 17 of the Convention requires each Party to adopt such legislative or other measures as may be necessary to establish as criminal offences under its domestic law any intentional complicity in the commission of any of the offences set forth in Article 15 of this Convention.
Article 18 of the Convention provides that each Party shall adopt such legislative or other measures as may be necessary to ensure that legal persons can be held liable for the offences referred to in Articles 15 to 17.
As indicated in § 10 above, the draft Decree-Law on the organisation of games of chance, money games and betting provides for the sanctioning of "any participation or intermediation by any means or method in order to reach an agreement or agreements to commit acts making it possible to make known, in advance, the results of one or more competitions, including related events, which are the subject of games and betting, to one or more punters or to an intermediary or a gaming operator subject to the provisions of this Decree-Law".
The current draft Decree-Law does not appear to be sufficient to punish intentional complicity or a legal person in the manipulation of sporting competitions. This element should therefore be added in a later version.
It may be considered that Tunisian legislation (once the draft Decree-Law has been adopted) only partially complies with the provisions of Articles 17 and 18 of the Convention. These elements should be legally clarified in a subsequent draft.
14. Jurisdiction, criminal procedure and enforcement (Chapter V - Articles 19 to 21 of the Convention)
Article 19 of the Convention provides that each Party shall adopt such legislative or other measures as may be necessary to establish its jurisdiction over an offence referred to in Articles 15 to 17 of this Convention.
Article 20 of the Convention requires each Party to adopt legislative or other measures to preserve electronic evidence, including the expeditious preservation of stored computer data, the expeditious preservation and disclosure of traffic data, production orders, the search and seizure of stored computer data, the real-time collection of active traffic data and the interception of content data, in accordance with its domestic law, when investigating the offences referred to in Articles 15 to 17 of this Convention.
Article 21 of the Convention provides that each Party shall consider adopting such legislative or other measures as may be necessary to ensure effective protection of whistleblowers.
In 2023, the draft Tunisian Decree-Law on the organisation of games of chance, gambling and betting did not include any details regarding jurisdiction and the preservation of evidence relating to the manipulation of sporting competitions.
On the other hand, Articles 19 to 33 of Organic Law 2017-10 of 7 March 2017 on the reporting of corruption and the protection of whistleblowers set out the terms and conditions for the protection of whistleblowers. This Organic Law broadly complies with the provisions of the Convention, although it does not explicitly specify the protection of whistleblowers' family members.
It may be considered that the Tunisian legislation (once the draft Decree-Law has been adopted) does not yet comply with the provisions of Articles 19 and 20 of the Convention. It would be advisable to clarify these elements in a subsequent draft. The Tunisian legislation does, however, comply with the provisions of Article 21 of the Convention.
15. Sanctions and measures (Chapter VI - Articles 22 to 25 of the Convention)
Chapter VI of the Convention provides for sanctions against natural and legal persons, as well as the seizure and confiscation of the proceeds of offences relating to the manipulation of sporting competitions.
In 2023, the draft Tunisian Decree-Law on the organisation of games of chance, gambling and betting provides for a system of penalties in line with the ambitions of the Convention. However, while the draft Decree-Law provides for the seizure and confiscation of the proceeds of offences relating to illegal betting (articles 51, 58, 59 and 60), it does not yet cover offences relating to the manipulation of sporting competitions.
Once the draft Decree-Law has been adopted, it may be considered that the provisions of Articles 22 to 24 of the Convention have been complied with on the whole. To ensure compliance with Article 25, the text will need to be adapted accordingly.
16. International co-operation in criminal and other matters (Chapter VII - Articles 26 to 28 of the Convention)
Article 26 of the Convention calls on the Parties to co-operate as far as possible on the subject of the manipulation of sporting competitions at international and criminal level.
Article 27 requires each Party to endeavour to include, where appropriate, the prevention and combating of manipulation of sporting competitions in assistance programmes conducted for the benefit of third States.
Article 28 provides that each Party shall, in accordance with its domestic law, co-operate with international sports organisations in combating the manipulation of sporting competitions.
Article 22 of the draft Tunisian Decree-Law on the organisation of games of chance, gambling and betting states that the body responsible for regulating gaming will be responsible in particular for "establishing co-operative relations with similar foreign bodies, particularly with regard to combating the manipulation of sports results and the exploitation of games of chance, gambling and betting to commit crimes". This wording is a good starting point, but as it stands does not seem sufficient to cover all the provisions of Article 26 of the Convention.
In November 2023, the Tunisian legislation does not appear to contemplate the provisions of Articles 27 and 28 of the Convention.
The Tunisian legislation does not yet comply with the provisions of Articles 26 to 28 of the Convention. The Decree-Law on the organisation of games of chance, gambling and betting should be adopted and the procedures for international co-operation (with other States as well as with sports organisations) should be specified.
III. Summary by article
|
Article of the Convention |
Evaluation |
Comments |
|
1. Purpose and main objectives |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
2. Guiding principles |
Satisfactory in text |
Vigilance required over the operational application of legislation |
|
3. Definitions |
Acceptance of definitions - No contradiction with current legislation |
Definitions included in Tunisian legislation (e.g. in the draft Decree-Law on the organisation of games of chance, gambling and betting). |
|
4. Internal co-ordination |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
5. Risk assessment and management |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
6. Education and awareness |
Partially satisfactory |
Need to adopt rules in line with Olympic Movement Code, need for further awareness-raising activities |
|
7. Sports organisations and competition organisers |
Partially satisfactory |
Need to adopt rules in line with Olympic Movement Code, need for further awareness-raising activities |
|
8. Measures concerning the financing of sports organisations |
Partially satisfactory |
Need to specify in legislation that the financing of sports organisations by betting operators entails obligations (for the sports movement) in terms of the integrity of sport and good governance. |
|
9. Measures concerning the betting regulator |
Satisfactory |
Adoption of the draft Decree-Law on the organisation of games of chance, betting and gambling (and possible harmonisation of the wording with the Convention). |
|
10. Sports betting operators |
Satisfactory |
Adoption of the draft Decree-Law on the organisation of games of chance, betting and gambling (and possible harmonisation of the wording with the Convention). |
|
11. Combating illegal betting |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
12. Exchange of information between public authorities, sports organisations and betting operators |
Satisfactory |
Adoption of the draft Decree-Law on the organisation of games of chance, betting and gambling and evaluation of the sports movement's involvement in the process. |
|
13. National platform |
Non-existent but latent |
The draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adapted by clarifying the concept of a platform (whose functions are partly fulfilled by the betting regulator). |
|
14. Protection of personal data |
Satisfactory |
Verification required of the possibility of exchanging international information in compliance with current legislation |
|
15. Criminal offences relating to the manipulation of sporting competitions |
Partially satisfactory |
The draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted, and the concept of manipulation needs to be extended beyond the result. |
|
16. Laundering of the proceeds of criminal offences relating to the manipulation of sporting competitions |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
17. Complicity |
Insufficient |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted and legally clarified |
|
18. Liability of legal persons |
Insufficient |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted and legally clarified |
|
19. Competence |
Insufficient |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted and legally clarified |
|
20. Preservation of electronic evidence |
Insufficient |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted and legally clarified |
|
21. Protective measures |
Satisfactory |
|
|
22. 23. 24. Penalties |
Satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted |
|
25. Seizure and confiscation |
Insufficient |
The draft Decree-Law on the organisation of games of chance, betting and gambling needs to be adopted, and the concept of manipulation needs to be included in the possibilities for seizure and confiscation. |
|
26. Measures of international co-operation in criminal matters |
Partially satisfactory |
Draft Decree-Law on the organisation of games of chance, betting and wagering needs to be adopted and criminal co-operation arrangements need to be clarified |
|
27. Other measures for international co-operation on prevention |
None |
Provision to be studied (the Convention specifies "where appropriate") |
|
28. International co-operation with international sports organisations |
None |
Draft Decree-Law on the organisation of gambling and betting to be adopted and co-operation with international sports organisations to be assessed |
IV. Conclusion
In view of the foregoing, the T-MC considers that the Tunisian legislation on the manipulation of sports competitions is generally in line with the principles giving effect to the Convention, although it requires a number of adjustments in order to comply fully with it. As the present process of accession to the Convention is likely to promote the reforms necessary for full compliance with the Convention, the T-MC is at the disposal of the national authorities to support them in the capacity-building activities associated with such accession.
Appendix 3 – Chart of signatures and ratifications of Convention CETS No. 215
CHART OF SIGNATURES AND RATIFICATIONS OF TREATY 215
Council of Europe Convention on the Manipulation of Sports Competitions
Status as of 19/02/2024
|
Title |
Council of Europe Convention on the Manipulation of Sports Competitions |
|
Reference |
CETS No. 215 |
|
Opening of the treaty |
Magglingen, 18/09/2014 - Treaty open for signature by the member States, the other States Parties to the European Cultural Convention, the European Union, the non-member States which have participated in its elaboration or are enjoying observer status with the Council of Europe, and by other non-member States |
|
Entry into Force |
01/09/2019 - 5 Ratifications including at least 3 member States of the Council of Europe |
Members of Council of Europe
|
Signature |
Ratification |
Entry into Force |
Notes |
R. |
D. |
A. |
T. |
C. |
O. |
|
|
02/06/2016 |
||||||||||
|
18/09/2014 |
||||||||||
|
02/06/2016 |
||||||||||
|
18/09/2014 |
D. |
|||||||||
|
29/11/2016 |
||||||||||
|
18/09/2014 |
||||||||||
|
16/05/2019 |
||||||||||
|
04/05/2017 |
||||||||||
|
18/09/2014 |
||||||||||
|
19/09/2016 |
||||||||||
|
18/09/2014 |
||||||||||
|
02/10/2014 |
21/06/2023 |
01/10/2023 |
R. |
|||||||
|
18/09/2014 |
||||||||||
|
18/09/2014 |
||||||||||
|
18/09/2014 |
16/06/2020 |
01/10/2020 |
R. |
A. |
||||||
|
29/11/2016 |
||||||||||
|
12/11/2014 |
06/12/2022 |
01/04/2023 |
||||||||
|
07/04/2016 |
11/06/2019 |
01/10/2019 |
R. |
A. |
||||||
|
12/12/2017 |
||||||||||
|
21/11/2019 |
||||||||||
|
18/09/2014 |
||||||||||
|
07/07/2015 |
||||||||||
|
18/09/2014 |
||||||||||
|
18/09/2014 |
||||||||||
|
26/10/2022 |
||||||||||
|
18/09/2014 |
09/12/2014 |
01/09/2019 |
||||||||
|
07/07/2015 |
R. |
|||||||||
|
17/03/2015 |
29/09/2015 |
01/09/2019 |
R. |
|||||||
|
29/04/2016 |
07/03/2019 |
01/09/2019 |
||||||||
|
16/05/2019 |
||||||||||
|
18/09/2014 |
||||||||||
|
27/06/2018 |
||||||||||
|
02/06/2016 |
||||||||||
|
07/07/2015 |
||||||||||
|
18/09/2014 |
16/05/2019 |
01/09/2019 |
R. |
A. |
||||||
|
26/10/2022 |
||||||||||
|
21/12/2015 |
10/01/2017 |
01/09/2019 |
||||||||
|
06/12/2018 |
Non-Members of Council of Europe
|
Signature |
Ratification |
Entry into Force |
Notes |
R. |
D. |
A. |
T. |
C. |
O. |
|
|
Australia |
01/02/2019 |
|||||||||
|
Belarus |
||||||||||
|
Canada |
||||||||||
|
Holy See |
||||||||||
|
Israel |
||||||||||
|
Japan |
||||||||||
|
Kazakhstan |
||||||||||
|
Liberia |
63 |
|||||||||
|
Mexico |
||||||||||
|
Morocco |
20/09/2021 |
|||||||||
|
New Zealand |
||||||||||
|
Russian Federation |
18/09/2014 |
65 |
||||||||
|
United States of America |
International Organisations
|
Signature |
Ratification |
Entry into Force |
Notes |
R. |
D. |
A. |
T. |
C. |
O. |
|
|
European Union |
|
Total number of signatures not followed by ratifications |
32 |
|
Total number of ratifications/accessions |
9 |
Notes
a: Accession s: Signature without reservation as to ratification su: Succession r: Signature "ad referendum".
R.: Reservations D.: Declarations, Denunciations, Derogations A.: Authorities T.: Territorial Application C.: Communication O.: Objection.
63: Since 2013 the decision to invite a non-member State to sign the treaty is valid five years as from its adoption. See the Chart on https://rm.coe.int/16806cac22.
65: Signature considered to be suspended as from 16 March 2022.
Source : Treaty Office on http://conventions.coe.int - * Disclaimer.
[1] This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.
[2] The French versions of those texts have been used, the translations contained in the present Opinion are not official and no responsibility can be sought in case of inconsistencies or inaccuracies.