This is a translation of a text that was written Spanish. In case of discrepancies, the Spanish original will prevail.
The Order PCI/759/2019, of 9th July, (B.O.E. No. 168, of 15th July), by the Ministry of the Presidency, Relations with the Courts and Equality [Ministerio de la Presidencia, Relaciones con las Cortes e Igualdad], establishes and regulates the National Commission for combating the manipulation of sports competitions and betting fraud.
According to the Explanatory Statement, corruption linked to the manipulation of sports competitions and fraudulent bets linked to them – referring to both strictly sports betting and horse racing betting – constitutes one of the biggest threats affecting sport because it threatens its essential values and deters fans and followers.
This verdict is shared internationally. The Communication from the European Commission of 23rd October 2012, entitled ‘Towards a comprehensive European framework for online gambling’, and the European Parliament Resolution of 14th March 2013 on match-fixing and corruption in sport, have already showed, in the context of the European Union, the seriousness of this problem.
The Council of Europe’s Convention on the manipulation of sports competitions, not yet ratified by Spain, must be added to these initiatives. Its aim is the adoption of a comprehensive response from various fields to address this threat.
Within this context, it is considered necessary to establish, at a national level, a formal channel of dialogue and cooperation between authorities, sports organisations, organisers of sports competitions and representatives of the gambling sector with experience in the field, in order to prevent and eradicate corruption and the manipulation of competitions and bets.
Structure and functioning
This Commission will be a multi-departmental body in which representatives of various Public Administrations will meet. It will have a rotating Presidency between the General Directors of Gambling Management (Ministry of Finance) [Directores Generales de Ordenación del Juego (Ministerio de Hacienda)], and Sports (Ministry of Culture and Sports) [Ministerio de Cultura y Deporte].
In addition to the representatives of the General Directorates for the Regulation of Gambling and Sports [Direcciones Generales de Ordenación del Juego y Deporte], the General Directorate of the Police and the Civil Guard [Dirección General de la Policía y de la Guardia Civil] will be represented, (a total of seven). It will also comprise:
- Two vocal representatives from the Superior Sports Council [Consejo Superior de Deportes];
- Two vocal representatives from the Spanish Sports Federations [Federaciones Deportivas españolas] appointed by the President of the Higher Sports Council;
- Two other members appointed by the President of the Higher Sports Council from among people of recognised prestige at the proposal of professional leagues, sports competition organisations and professional athlete associations;
- Four other vocal representatives associated with the gaming sector and designated by the General Director of Gambling [Director General del Juego].
The Commission will comprise the following bodies: the Presidency, the Secretariat (which will be held by the person in charge of the General Directorate for Gambling Regulation [Subdirección General de Regulación del Juego]), the Plenary Assembly, and the Standing Committee.
The Plenary Assembly, composed of all the members of the Commission, will meet at least twice a year and their agreements will be adopted unanimously or, failing that, by majority. It will have the following functions:
- a) To compile a list of the problems that currently exist in the different sectors involved.
- b) To support the individual or collective efforts of each Commission member.
- c) To promote training, awareness and education with regard to preventing the manipulation of sports competitions and sports betting fraud.
- d) To approve common verdicts among its members, at the proposal of the Standing Committee.
- e) To approve recommendations or action plans at the proposal of the Standing Committee.
- f) To approve an annual report on the activities carried out by the Commission, at the proposal of the Standing Committee.
- g) To work together with organisations, either national or international, who work to prevent and combat the manipulation of sports competitions and sports betting fraud.
- h) To be informed by the Directorate General for Gambling Regulation [Dirección General de Ordenación del Juego] about the development of the Sports Betting Alert System, which they manage.
- i) To be informed by the National Police Centre for Integrity in Sport, Gambling and Betting [Nacional Policial de Integridad en el Deporte Juegos y Apuestas] of the facts that come from the different active ‘subjects’, both nationally and internationally, which are of interest.
- j) To approve the creation of Working Groups.
- k) Any other function assigned to it by any legal or regulatory provision.
The Permanent Commission, which will also meet at least twice a year, will comprise:
- The Presidency;
- The Secretariat;
- The Deputy Director General of Inspection [Subdirector General de Inspección] of the Directorate General for Gambling Regulation [DGOJ];
- A representative of the Higher Sports Council from among those who are part of the Plenary Assembly;
- A representative of the General Directorate of the Police [Dirección General de la Policía] from among those who are part of the Plenary;
- The remaining members of the Plenary that are considered appropriate by the members of the Standing Committee. However, they will be non-voting members – in other words, they will be able to participate in meetings but they will have no voting rights. Among its duties:
- a) To perform periodic analyses on the sports competition fixing and sports betting fraud.
- b) Without prejudice to the duties expressly set forth in Article 6.4, to submit to the Plenary Assembly any other proposals deemed appropriate in order to detect, prevent or combat betting fraud and the manipulation of sports competitions.
- c) To ensure compliance with agreements or recommendations adopted by the Plenary Assembly.
- d) Any other tasks delegated or assigned by the Plenary Assembly or Presidency.
This Order came into force on 16th July 2019.