21 DECEMBER 1998. - Security Act in football matches (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
PART I^er. - Definitions
Art. 2. For the purposes of this Act, are considered to be:
1st football match: the football variant that is played by two teams of eleven players on grass or a synthetic coating, excluding matches for a female category or a specified age category;
2° national football match: the football match defined at 1° in which at least one club is participating in one of the two upper national divisions;
3° international football match: the football match defined at 1° in which at least a team of a nationality other than Belgium participates in a foreign championship or is representative of a foreign nation;
4° organizer: the natural or legal person who organizes or organizes, in whole or in part, a national football match or an international football match, at its initiative or at the initiative of a third party;
5° steward: a physical person hired by the organizer under Article 7 to welcome and assist the spectators in a national football game or an international football game, in order to ensure the smooth running of the meeting for the security of the spectators;
6° playing field: the delimited area on which participants evolve during a football match;
7° stadium: any place where a football match takes place, as long as the playground is paired with at least one podium; this place shall be delimited by an external fence that defines its scope;
8° rostrum: space adjacent to the playground, intended to receive spectators seated or standing, with gradients or one or more real estate elements.
PART II. - Obligations of the organizers and the coordinating sports federation
CHAPTER I^er. - General provisions
Art. 3. Without prejudice to the measures set by or under the law that the organizer of a football match must provide and without prejudice to the measures taken by the competent authorities, the organizer of any football match has the obligation to take all the precautionary measures necessary to prevent violations of people and property, including all the concrete measures to prevent overflows committed by the spectators.
In order to determine the scope of this obligation, it is, among other things, taken into account the agreements concluded between the organizer and, on the other hand, relief services and administrative and police authorities or services.
Art. 4. The organizer of any football match only uses stadiums or games that meet the security standards set by the King.
CHAPTER II. - Special obligations of the organizers
Art. 5. The organizers of a national football match and the organizers of an international football match are required to conclude a convention on their obligations during the month of June of each year with emergency services and administrative and police authorities or services.
Art. 6. For the coordination and direction of security policy, the organizers of a national football match or an international football match designate a duly mandated security official.
Art. 7. The organizers of a national football game or an international football game engage both sexes.
Art. 8. The King determines the minimum number of stewards and their hierarchical structure, the skills and tasks of security officials, as well as the minimum requirements for recruitment, training and capacity to be met by both.
Art. 9. The organizers who organize several national football matches on the same playground set up a local advisory council for the security of football matches.
The King determines the tasks, composition and other operating rules of this local advisory board.
Art. 10. The organizers of a national football match or an international football match will take at least the following steps:
1° establish an internal rules, which are clearly and continuously communicated to the spectators;
2° introduce, in the rules of procedure, a regulation of civil exclusion and a regulation relating to the surrender of objects;
3° control compliance with the rules of procedure;
4° take active and passive security measures to ensure the safety of the public and the police and rescue services through the management of spectator flows, the separation of rival spectators, and the concrete implementation of the rules of procedure;
5° ensure the management of tickets, which in any case includes: the making of access titles, their distribution, the control of access and the control of the validity and regular detention of access titles. For this purpose, the King may, by order deliberately in the Council of Ministers, settle the terms and conditions of banknote management;
6° install surveillance cameras in the cases and in the manner determined by the King, after notice of the commission for the protection of privacy.
The King may make additional concrete provisions to ensure the security of the spectators and the peaceful conduct of the game, which must be confirmed by law within twelve months of the coming into force of the decree bearing these provisions.
CHAPTER III. - Special obligations to the co-ordinating sports federation
Art. 11. In addition to the necessary measures it must take when it sets itself up as an organizer of a national football match or an international football match, the co-ordinating sports federation is required, with regard to the measures set out in Part II, Chapter II, to take the following steps:
1° in any case ensure permanent coordination of the special obligations of the organizers, in accordance with Part II, Chapter II;
2° provided that this is necessary, provide the organizers with means to enable them to comply with their specific obligations;
3° if the measures mentioned under 1° or 2° are not sufficient, participate directly and actively in their execution so that the particular obligations are carried out, in a coordinated manner.
CHAPTER IV. - Stewards tasks and skills
Art. 12. In the exercise of their tasks and skills, the stewards intervene in the stadium. For the purposes of this article, the place that is only accessible on the presentation of an access title is defined by stage.
Section 1^re. - Skills
Art. 13. The stewards may invite spectators of the same sex to voluntarily submit to a superficial control of their clothes and baggage, in order to detect the presence of objects whose introduction in the stadium can disrupt the course of the game, be dangerous to the security of the spectators or likely to disturb the public order.
The stewards can ask for the surrender of these objects.
Access to the stadium is denied by the stewards to anyone who opposes this control or surrender or has been found in possession of a weapon or dangerous object.
Section 2. - Tasks
Art. 14. If necessary, the stewards accompany the referees, line judges and locker players to the playground.
Art. 15. The stewards participate in the control of compliance with the rules of procedure.
They go to the facility inspection before and after the match; any breach of the planned security measures is immediately reported to the security officer to be immediately remedied.
The stewards ensure that access and evacuation routes ensure smooth access to exits and car parks.
The stewards ensure the reception and accompaniment of the spectators to their places; They ensure that the public does not enter areas that are not accessible to the public.
Art. 16. The stewards provide the public with all relevant information relating to the organization, infrastructure and emergency services.
They communicate to the police and rescue services any information about spectators who may disturb the order.
Art. 17. The stewards take all necessary measures pending the intervention of emergency and security services.
They act as a preventive measure in any situation that could threaten public order.
CHAPTER V. - Sanctions
Art. 18. In accordance with the procedure set out in Part IV of this Act, an administrative fine of 20 thousand francs to ten million francs may be imposed on the organizer of a national football match or an international football match that does not meet the obligations prescribed by or under sections 3, 4, 5 or 10, provided that they are applicable to him.
In accordance with the procedure set out in Part IV of this Act, an administrative fine of 20 thousand francs to five million francs may be imposed on the organizer of a national football match or an international football match or the co-ordinating sports federation that does not meet the other obligations prescribed by or under Part II.
PART III. - Facts that can disturb
the national football match
or the international football match
Art. 19. This title is applicable to facts committed throughout the period during which the stadium where a national football match or an international football match is held is accessible to spectators.
Art. 20. To carry out one or more sanctions under Article 24 anyone who throws or projected one or more objects to or from the playground or the area around the playground, including the rostrums without legitimate motive.
Art. 21. Incurs one or more penalties provided for in Article 24, anyone who irregularly enters the stadium.
Are considered irregular penetration:
1° enter the stadium in contravention of an administrative or judicial ban;
2° enter the stadium although access has been denied under Article 13, paragraph 3.
Art. 22. Except as provided by law, order of authority or other express and prior permission or lawful reason that the lawfulness arises, may incur one or more penalties provided for in Article 24 anyone who enters certain areas of the stadium without being in possession of a valid access title for that area or is in a place inaccessible to the public.
Are considered inaccessible to the public:
1° the playground and adjacent areas that are separated from the public;
2° walls, fences or other means to separate viewers;
3° the zones defined by the King as being inaccessible to the public.
Art. 23. In the event of one or more sanctions under section 24, anyone who, alone or in a group, disturbs by his behaviour the conduct of a national football match or an international football match, by inciting to carry blows and injuries, hatred or intrusion towards one or more people in the stadium.
Art. 24. In accordance with the procedure set out in Part IV, an administrative fine of ten thousand francs to two hundred thousand francs and an administrative stage ban of three months to five years or one of these two sanctions may be imposed in the event of a breach of Articles 20, 21, 22 and 23.
PART IV. - Procedure for administrative action
CHAPTER I^er. - Finding facts
Art. 25. The facts punishable under articles 18 and 24 are found in a record by a police officer. The facts punishable by section 18 may also be found in a record by an official designated by the King.
The original record is sent to the grievor referred to in section 26, paragraph 1^er.
For the facts referred to in articles 20, 21, 22 and 23, a copy of the minutes is sent to the King's Prosecutor at the same time.
CHAPTER II. - Imposition of sanctions
Art. 26. The administrative penalty shall be imposed by the official designated by the King, with the exception of the grievor having made a report under section 25.
When the grievor decides that the administrative procedure should be commenced, he shall communicate to the offender, by registered letter to the position:
1° the facts about which the procedure is initiated;
2° the fact that the offender has the opportunity to submit in writing, by registered letter to the position, his defences within thirty days of the day of notification of the recommended letter, and that he has the right to request the grievor referred to in paragraph 1^er orally to present its defence;
3° the fact that the offender has the right to counsel;
4° the fact that the offender has the right to consult his case;
5° a copy annexed to the minutes referred to in Article 25, paragraph 1^er.
The employee referred to in paragraph 1^er where applicable, the day on which the person concerned is invited to present his or her defence, in accordance with his or her request under paragraph 2, 2°.
Art. 27. Upon the expiry of the period provided for in section 26, paragraph 2, 2°, or, where applicable, after the written or oral defence of the case by the offender or his counsel, the employee referred to in section 26, paragraph 1^ermay impose a penalty on the offender on the basis of articles 18 or 24.
Art. 28. The decision to impose an administrative penalty shall be enforceable on the expiry of the one-month period from the date of its notification referred to in Article 30.
The appeal is suspensive.
Art. 29. The decision to impose an administrative penalty is motivated. It also mentions the amount of the administrative fine and the duration of the administrative prohibition or one of these sanctions only, and the provisions of Article 31.
The administrative penalty is proportional to the gravity of the facts that motivate it, and depending on the eventual recidivism.
The finding of several contraventions in conjunction with sections 20, 21, 22 or 23 will result in a single administrative fine and a single administrative prohibition of the stage, or one of those sanctions, commensurate with the gravity of all the facts.
When the administrative penalty is imposed on an organizer, the decision sets out the time limit for remediation of the offences found.
CHAPTER III. - Notification of the decision
Art. 30. The decision shall be notified by registered letter to the offender and, in the event of a violation of articles 20, 21, 22 or 23, to the Crown Prosecutor.
CHAPTER IV. - Call
Art. 31. The offender who challenges the grievor's decision referred to in section 26, paragraph 1^er, may appeal by request to the police court within one month of the notification of the decision, as soon as it is due.
The decision of the police court is not subject to appeal.
Without prejudice to the provisions of subparagraphs 1^er and 2, the provisions of the Judicial Code apply to appeal to the police court and to extraordinary remedies.
CHAPTER V. - Administrative action requirement
Art. 32. The employee referred to in section 26, paragraph 1^er, may not impose administrative penalties upon the expiration of a period of six months, from the day the act is committed, any appeal proceedings not included.
CHAPTER VI. - Derogatory provisions
Art. 33. This chapter is applicable where the acts sanctioned by Article 24 are committed by an offender who has no principal domicile or residence in Belgium.
Art. 34. Where a contravention of sections 20, 21, 22 or 23 is found, a sum of ten thousand francs may be immediately received, with the offender's consent, by the employee referred to in section 26, paragraph 1^er.
The decision to impose the immediate perception is communicated to the Crown Prosecutor by the official concerned.
The King determines how the sum is collected and indexed.
The immediate payment of the sum extinguishes the possibility of imposing an administrative fine on the offender for the particular act.
The immediate payment of the sum taken does not, however, prevent the King's prosecutor from applying articles 216bis or 216ter of the Code of Criminal Investigation, or from carrying out criminal proceedings. In the event of the application of sections 216bis or 216ter of the Code of Criminal Investigation, the amount immediately collected shall be charged to the amount determined by the Public Prosecutor's Office and the amount of any surplus shall be refunded.
In the event of a conviction of the person concerned, the amount immediately charged shall be charged against the costs of justice due to the State and the fine imposed, and the amount of any surplus shall be refunded.
In case of acquittal, the amount immediately collected is returned.
In the event of a conditional sentence, the amount immediately charged shall be returned after deduction of court fees.
CHAPTER VII. - Special provisions
Art. 35. The Crown Prosecutor shall have a period of one month from the day the copy of the record referred to in section 25 is received to inform the public servant referred to in section 26, paragraph 1^erthat criminal proceedings have been initiated, or that information or judicial instruction has been initiated. The employee referred to in section 26, paragraph 1^er, may not impose an administrative penalty on the basis of section 24 before the expiry of that period, unless the King's Prosecutor has made a prior communication that the King does not wish to make a reservation.
The communication by the Crown Prosecutor referred to in the preceding paragraph extinguishes the possibility for the grievor referred to in section 26, paragraph 1^erto impose an administrative penalty on the basis of section 24.
Art. 36. The possibility for the King's prosecutor to initiate criminal proceedings for the acts to which the penalties provided for in Article 24 apply, but which are described as offences by the King's Prosecutor, shall cease if no communication within the meaning of Article 35, paragraph 1^er, did not occur at the end of the period of one month referred to above.
CHAPTER VIII. - Attenuating circumstances
Art. 37. If there are mitigating circumstances, the administrative fines provided for in sections 18 and 24 may be reduced to a minimum of ten thousand francs for a penalty based on section 18, or less than five thousand francs for a penalty based on section 24.
PART V. - Offences
CHAPTER I^er. - Offences
relating to the irregular distribution of access securities
Art. 38. A penalty of imprisonment from six months to three years and a fine of two hundred to twenty thousand francs, or one of these two sentences alone, distributing or selling one or more valid access titles to a football match, or in contravention of the program system established under the conditions of application defined by or under this Act, or without having received express and prior authorization from the organizer of the game
Art. 39. The attempted offence under section 38 is punishable by imprisonment from six months to two years and a fine of two hundred to ten thousand francs or only one of these two sentences.
CHAPTER II. - Special provisions
Art. 40. In the case of a conviction for contravention of sections 38 or 39, the special confiscation of titles of access to a national or international football match is always pronounced, even if they are not the property of the convicted person.
Art. 41. In the case of a conviction for an offence committed at a stage, the judge may issue a prohibition of a judicial stage from three months to ten years.
The prohibition of a judicial stage may result in an obligation to appear in the manner specified by the judge.
Art. 42. The provisions of Book I of the Penal Code, including Chapter VII and Article 85, are applicable to the offences provided for in this Act.
PART VI. - Final and transitional provisions
Art. 43. With the exclusion of personal data, may be communicated to the organizer and his local advisory board, only in the event they need it for the performance of their obligations: the administrative information collected by the police services and the administrative documentation they hold on to the events or groupings, with a concrete interest in the exercise of their administrative police missions in the context of security during football matches.
The organizer and members of the local advisory council shall be punished by the penalties provided for in Article 458 of the Criminal Code, which shall inform third parties of this information and documentation.
Art. 44. In the event of an administratively sanctionable act within the meaning of sections 20, 21, 22 or 23, committed at a stage, the police officer verbalizing, judicial police officer or administrative police officer, may after hearing the offender decide to impose an immediate security ban as a security measure. This decision becomes null and void if it is not confirmed within 14 days by the grievor referred to in section 26, paragraph 1^er.
In the event of a finding of an offence committed at a stage, this police officer, when he considers that a stage ban must be imposed as a security measure, immediately informs the King's prosecutor, after hearing the person concerned. In this case, the State party may impose a security ban as a security measure.
The police officer shall prepare a report and, in the event of an administratively sanctioned act, it shall be carried out in accordance with Part IV.
The prohibition of the stage as a security measure is only valid for a maximum period of three months from the date of the facts, and in any case ceases to exist if an administrative or judicial prohibition of the stage is pronounced.
The police officer shall communicate to the person concerned that he is subject to a stage ban as a security measure.
The police officer also mentions in his record of finding the facts:
1° the fact that the interested person was heard, or could not be heard, mentioning the reasons;
2° the fact that it was communicated to the interested party that it was subject to a stage ban as a security measure;
3° where applicable, the decision of the King's Prosecutor referred to in paragraph 2.
Art. 45. Each decision imposing a stage administrative or judicial ban or a security measure ban is communicated to an official designated by the King, in accordance with the terms determined by the Minister of Justice and the Minister of the Interior.
For the purpose of monitoring compliance with the imposed stage ban, the grievor cannot communicate to the co-ordinating sports federation or organizer only the data strictly necessary for the identification of the person subject to such a stage prohibition. The King specifies the terms, after the advice of the commission for the protection of privacy.
Art. 46. The obligation, under section 5, to which the organizers of a national and international football match, namely to conclude a convention relating to their obligations with relief services and administrative and police authorities or services, must, at the time of the coming into force of this Act, be met by 15 August 1998.
Promulgation of this Act, order that it be rejected by the State seal and published by the Belgian Monitor.
Given in Brussels on 21 December 1998.
ALBERT
By the King:
The Minister of the Interior,
L. VAN DEN BOSSCHE
Minister of Justice,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
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Note
(1) Parliamentary references:
Regular session 1997-1998.
House of Representatives
Parliamentary documents. - Bill No. 1572/1. - Amendments, n^bones 1572/2 to 1572/4. - Report, no. 1572/5. - Text adopted by the Commission, no. 1572/6. - Text adopted in plenary and transmitted to the Senate, no. 1572/7.
Annales parliamentarians. - Annales de la Chambre : 8 juillet 1998.
Senate
Parliamentary documents. Project transmitted by the House of Representatives, No. 1-1060/1. Amendments, No. 1-1060/2. Report, no. 1-1060/3. Text corrected, no. 1-1060/4. Decision not to amend, No. 1-1060/5.
Annales parliamentarians. Annales of the Senate: December 3, 1998.