Posted the: 1999-02-03 Numac: 1999000028 Ministry of the Interior to 21 December 1998. -Law on security at matches of football (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE I. -Definitions art.
2. for the purposes of this Act, are considered: 1 ° football match: the variant of football played by two teams of eleven players onto grass or synthetic coating, excluding matches for a women's category or a category of age determined;
2 ° national football match: the football game set to 1 ° attended at least a club in one of the two top national divisions;
3 ° international football match: the football game set in the 1 ° which participates at least a team of one nationality other than Belgian and that participates in a foreign Championship or is representative of a foreign nation.
4 ° organizing: the natural or legal person who organises or organize, in whole or in part, a national football match or an international football match, on its own initiative or at the initiative of a third party;
5 ° steward: a physical person engaged by the organiser pursuant to article 7 to welcome and assist spectators during a national game of football or an international football match, in order to ensure the smooth running of the meeting for the safety of the spectators;
6 ° playing field: the defined area on which evolve the participants during a football match;
7th stage: any place where a football game, as long as the playing field is adjacent to at least a forum; This place must be delimited by an outer fence which defines the perimeter;
8 ° Forum: space adjacent to the field of play, intended to receive spectators sitting or standing, with bleachers or one or more property elements.
TITLE II. -Obligations of the organisers and Coordinator sports federation, chapter I. -Provisions general article
3. without prejudice to the measures laid down by or under the Act that the organiser of a football match must provide for and without prejudice to the measures taken by the competent authorities, the organizer of any football match has the obligation to take all the necessary precautionary measures to prevent damage to persons and property, including all practical steps to prevent the excesses committed by spectators.
To determine the scope of this obligation, it is inter alia required account of conventions concluded between the organiser and on the other hand the emergency services and the authorities or administrative and police services.
4. the organiser of any football match uses only the stages or parts of stages that meet the safety standards laid down by the King.
CHAPTER II. -Special obligations of the Art. organizers
5. the organizers of a national football match and an international football match organizers are required to conclude a convention on their obligations during the month of June of each year with the emergency services and the authorities or administrative and police services.
S. 6. for the coordination and direction of security policy, the organizers of a national game of football or an international football match shall designate a security officer duly authorized.
S. 7. the organizers of a national game of football or an international football match committed stewards of both sexes.
S. 8. the King determines the minimum number of stewards and their hierarchical structure, skills and tasks of security officials, as well as the minimum conditions of recruitment, training and capacity which each and the others must satisfy.
S. 9. the organisers who organise several national football matches over the same playground establish a local Advisory Council for the safety of football matches.
The King determines the tasks, composition and other rules of operation of the local Advisory Council.
S. 10. the organizers of a national game of football or an international football match will take at least the following provisions: 1 ° establish an internal regulation, which is communicated clearly and permanently to the spectators;
2 ° introduce, in the rules of procedure, civil exclusion regulations and regulations for the objects go-around;
3 ° monitor compliance with the rules of procedure;
4 ° measures of active and passive safety to ensure the safety of the public and the police and rescue services by managing the flow of spectators, the separation of rival spectators, and the practical implementation of the rules of procedure;
5 ° ensuring the management of tickets, which includes in any case: making access securities, their distribution, control of access and control the validity and regular detention access titles. The King may to this end set, by Decree deliberated in the Council of Ministers, the rules for the management of tickets;
6 ° install surveillance cameras in cases and in the manner determined by the King, after opinion of the Committee for the protection of privacy.
The King may adopt additional concrete measures to ensure the safety of the spectators and the peaceful conduct of the match, which must be confirmed by law within twelve months of the entry into force of the Decree concerning these provisions.
CHAPTER III. -Special obligations to the Coordinator sports federation s. 11. in addition to the steps that it must take when it builds itself in organizer of a national an international football match or football match, Coordinator sports federation is held, with regard to the measures laid down in title II, chapter II, of the following measures: 1 ° in any case coordination permanent particular organizers obligations in accordance with title II, chapter II;
2 ° provided that necessary, put at the disposal of the organizers of the means to enable them to comply with their specific obligations;
3 ° If the measures mentioned under 1 ° or 2 ° are not sufficient, to participate itself directly and actively in their implementation so that specific obligations are carried out, and cela in a coordinated manner.
CHAPTER IV. -Tasks and competencies of the Art. stewards 12. in the exercise of their tasks and their skills, the stewards speakers in the stadium. For the purposes of this article, means Stadium the venue that is accessible only on presentation of a title to access.
-Skill arts. 13. the stewards may invite the spectators of the same sex as them to voluntarily submit to a cursory check of their clothing and baggage, in order to detect the presence of objects whose introduction in the stadium can be dangerous for the safety of the spectators or likely to disturb public order, disrupt the flow of the game.
Stewards can demand the return of these objects.
Access to the stadium is denied by the stewards to anyone who opposes this control or remission or found in possession of a weapon or dangerous object.
Section 2. -Tasks art. 14 if necessary, stewards accompany referees, judges line and players changing rooms to the playing field.
S. 15. the stewards are involved in the control of compliance with the rules of procedure.
They are engaged in inspection of facilities, before and after the match; any breach of the security measures is immediately reported to the head of security so that it is remedied immediately.
Stewards shall ensure that access and evacuation routes guarantee fluid access to exits and parking areas.
Stewards shall ensure the reception of spectators and their accompaniment to their seats; They ensure that the public is not entering areas that are not accessible to the public.
S. 16. the stewards provide to the public all relevant information relating to the Organization, infrastructure and emergency services.
They inform police and rescue services any information regarding the spectators likely to disturb the order.
S. 17. the stewards shall take all useful measures while waiting for the intervention of emergency and security services.
They intervene preventively in situations likely to threaten public order.
Chapter V. - Sanctions art. 18. pursuant to the procedure provided for in title IV of this Act, an administrative fine of twenty thousand francs and ten million francs may be imposed to the organiser of a game of national football or a game of football that does not the obligations prescribed by or pursuant to articles 3, 4, 5 or 10, for as far as they are applicable.
In accordance with the procedure laid down in title IV of this Act, an administrative penalty of twenty thousand francs to five million francs may be imposed to the organiser of a national game of football or an international football match or coordinator sports federation which does not fulfil other obligations prescribed by or under Title II.
TITLE III. -Facts that can disturb the running of the national football game
the international football game article or
19. this title is applicable to acts committed throughout the period during which the stadium where takes place a national football match or an international football match is accessible to spectators.
S. 20 may incur one or more of the sanctions provided for in article 24 a person who throws or plans without cause legitimate one or more objects to or from the field of play or the area surrounding the playing field, including the forums.
S. 21 may incur one or more of the sanctions provided for in article 24 anyone who unlawfully enters the stadium.
Are considered to be irregular penetration: 1 ° enter the stage in contravention of a prohibition of stage administrative or judicial;
2 ° entering the stadium although access has been refused pursuant to article 13, paragraph 3.
S. 22. except statutory provision, order of the authority or another express and prior permission or legitimate reason showing the legality, may incur one or more of the sanctions provided for in article 24 anyone who enters certain areas of the stadium without being in possession of a valid access to this area or is located in a place inaccessible to the public.
Are considered places inaccessible to the public: 1 ° the playground and adjacent areas that are separated from the public;
2 ° walls, fences or other means intended to separate the spectators;
3 ° the areas defined by the King as being inaccessible to the public.
S. 23 may incur one or more sanctions laid down in article 24 of anyone, alone or in group, disorder by its behaviour the conduct of a national football or an international football match game, inciting porter of blows and injuries, to hatred or the outburst against one or more persons in the stadium.
24. pursuant to the procedure laid down in title IV, an administrative penalty of ten thousand francs to two hundred thousand francs and an administrative stage ban for a period of three months to five years or one of these two penalties can be imposed for breach of articles 20, 21, 22 and 23.
TITLE IV. -Chapter I: administrative action procedure.
-Finding of facts art. 25 recent sanctioned by articles 18 and 24 are recorded in a report by a police officer. Article 18-sanctioned the facts can also be recorded in a report by an official designated by the King.
The original record is sent to the employee referred to in article 26, paragraph 1.
For the matters referred to in articles 20, 21, 22 and 23, a copy of the minutes is sent simultaneously to the Prosecutor.
CHAPTER II. -Imposition of sanctions art. 26. the administrative penalty is imposed by an official designated by the King, with the exception of the officer who issued notice pursuant to article 25.
When an employee decides that there is place to initiate the administrative procedure, it shall communicate to the offender, by registered letter to the post office: 1 ° the facts on which the procedure is commenced;
2 ° the fact that the offender has the ability to expose in writing, by registered letter to the post, its means of defence within a period of 30 days from the day of notification of the letter, and that he has on this occasion the right to ask an employee referred to in paragraph 1 of orally presenting his defence;
3 ° the fact that the offender has the right to be assisted by counsel;
4 ° the fact that the offender has the right to consult his file;
5 ° a copy in the annex to the minutes referred to in article 25, paragraph 1.
The officer referred to in paragraph 1 Specifies, if necessary, the day where the person concerned is invited to present orally its defence, in accordance with its request under article 2, 2 °.
S. 27. at the expiry of the period provided for in article 26, paragraph 2, 2 °, or, if applicable, after the defense written or oral of the case by the offender or his counsel, the official referred to in article 26, paragraph 1, may impose a sanction for the offender on the basis of articles 18 or 24.
S. 28. the decision to impose an administrative penalty a binding to the expiry of the period of one month from the day of notification, referred to in article 30.
The appeal is suspensive.
S. 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 of stage or one of those penalties only, and the provisions of article 31.
The administrative penalty is proportionate to the gravity of the facts which the motivate, and depending on the possible recurrence.
The finding of several concurrent in articles 20, 21, 22 or 23 contraventions will result to a single administrative fine and an administrative ban single stage, or one of these penalties, proportional to the seriousness of the facts.
When the administrative penalty is imposed on an organizer, the decision establishes the time limit within which it must be remedied to the infringements found.
CHAPTER III. -Notification of the decision article
30. the decision is notified by registered letter mailed to the offender and, in the event of violation of articles 20, 21, 22 or 23, King's attorney.
CHAPTER IV. -Call art. 31. the offender who challenges the decision of the officer referred to in article 26, paragraph 1, may appeal by way of motion near the police court within a period of one month from notification of the decision, under penalty of forfeiture.
The decision of the police court is not appealable.
Without prejudice to the provisions laid down in paragraphs 1 and 2, the provisions of the Judicial Code apply to calling near the court police and extraordinary remedies.
Chapter V. - Prescription of administrative action art.
32. the official referred to in article 26, paragraph 1, may impose administrative penalty at the end of a period of six months, effective agenda where the fact is committed, any appeal procedures not included.
CHAPTER VI. -Provisions derogating s. 33. This chapter is applicable when the facts punishable under article 24 are committed by an offender who is in Belgium residence or principal residence.
S. 34. when a contravention of sections 20, 21, 22 or 23 is found, a sum of ten thousand francs can be immediately perceived, with the agreement of the offender by the officer referred to in article 26, paragraph 1.
The decision to impose immediate perception is communicated to the Prosecutor by the official concerned.
The King shall determine the modalities of perception and indexing of the sum.
The immediate payment of the sum turns off the ability to impose on the offender an administrative fine for the omission referred.
However, the immediate payment of the levied amount does not prevent the Prosecutor to apply section 216bis or 216ter of the Code of criminal investigation or criminal prosecution.
In the event of application of articles, 216bis or 216ter of the Code of criminal procedure the immediately perceived amount is charged on the amount established by the Crown and any excess is refunded.
Upon conviction of the person concerned, the immediately perceived amount charged due legal costs to the State and the pronounced fine, and any excess is refunded.
In the case of acquittal, the immediately perceived sum is rendered.
In the case of conditional sentencing, the amount immediately collected is rendered after deduction of the costs of justice.
CHAPTER VII. -Provisions particular art. 35. the Prosecutor has a period of one month from the day of receipt of the copy of the minutes referred to in article 25 to inform the officer referred to in article 26, paragraph 1, that criminal proceedings have been initiated, or that information or a judicial investigation has begun. The official referred to in article 26, paragraph 1, may not impose administrative penalty on the basis of article 24 before the expiry of this period, unless prior notice by the Attorney of the King that it does not wish to book on the fact.
Communication by the Prosecutor, referred to in the preceding paragraph, extinguished the possibility for the civil servant referred to in article 26, paragraph 1, to impose an administrative penalty on the basis of article 24.
S. 36. the ability of the Prosecutor to initiate criminal proceedings for the facts shall apply the sanctions provided for in article 24, but which are characterized as offences by the Prosecutor of the King, turns off if no communication within the meaning of article 35, paragraph 1, was held at the end of the period of one month referred to above.
CHAPTER VIII. -Circumstances mitigating s. 37. If there are extenuating circumstances, the administrative fines provided for in sections 18 and 24 can be reduced until short of their minimum, without which they cannot be less than ten thousand francs for a sanction based on article 18, or less than five thousand francs for a sanction based on article 24.
Title V. - offences, chapter I. -Offences relating to the irregular distribution of access securities art.
38 is punished to imprisonment of six months to three years and a fine of two hundred to twenty thousand francs, or one of those penalties only, the fact to distribute or sell one or several titles access to a football match, either in contravention of established emission system according to the
conditions of application defined by or under this Act, either without having received the express prior consent of the organiser, when this is done with the intent to disrupt the conduct of the national or international game of football or for profit.
S. 39. the attempt of the offence provided for in article 38 is punishable by a term of imprisonment from six months to two years and a fine from two hundred to ten thousand francs or one of those penalties only.
-Provisions particular art. 40. in the case of a conviction for a contravention of sections 38 or 39, special confiscation of tracks for access to a national match or international football is always pronounced, even if they are not the property of the convicted person.
S. 41. in the case of a conviction for an offence committed in a stadium, the judge may order a ban on judicial stage lasting from three months to ten years.
The prohibition of judicial stage may lead to a duty to make arrangements specified by the judge.
42. the provisions of book I, Duke of the penal Code, including Chapter VII and article 85, shall apply to offences under this Act.
TITLE VI. -Final provisions and transitional art. 43. on the excluding of the personal data, may be communicated to the organiser and its local Advisory Board, only where they need for the performance of their obligations: administrative information collected by the police and administrative documentation that they keep up-to-date on events or groups, presenting practical relevance for the exercise of their missions of administrative police in the context of security at football matches.
Shall be punished by the penalties provided for in article 458 of the penal Code the organizer and member of the local Advisory Council who offer to third parties of such information and documentation.
S. 44. in the case of a finding of fact punishable administratively within the meaning of articles 20, 21, 22 or 23, committed in a stadium, accomplishing, police officer police officer judicial or administrative police, after having heard the offender may decide to impose an immediate ban of stadium as a security measure. This decision shall lapse if it is not confirmed within 14 days by the officer referred to in article 26, paragraph 1.
In the event of an offence committed in a stadium, the police officer, when it considers that a stadium ban must be imposed as a security measure, shall inform immediately the Prosecutor, after having heard the person concerned. In this case, it can impose a ban of stadium as a security measure.
The police officer draws up minutes and, in the event of finding one is punishable administratively, is carried out in accordance with title IV.
The stadium as a security ban is valid for a period of maximum three months from the date of the facts, and in any case cease to exist if a ban on administrative or judicial stage is pronounced.
The police officer shall inform the person concerned that he is the subject of a ban of stadium as a security measure.
The police officer said in its minutes of finding of facts: 1 ° the fact that the person concerned has been heard, or was unable to be in mentioning the reasons.
2 ° the fact that it has been communicated to the person concerned that he was subject to a ban of stadium as a security measure;
3 ° where appropriate, the decision of the Prosecutor of the King referred to in paragraph 2.
S. 45. each decision imposing an administrative ban or judicial stage or a ban of stadium as a security measure is communicated to an official appointed by the King, in the manner determined by the Minister of Justice and the Minister of the Interior.
For the purposes of the compliance of the stadium ban imposed, the official may share Coordinator Sports Federation or to the organiser that the data strictly necessary for the identification of the person who is the subject of such a stadium ban. The King specifies the terms, after opinion of the Committee for the protection of privacy.
S. 46. the obligation which are required, under article 5, the organizers of a game of football nationally and internationally, to conclude a convention on their obligations with the emergency services and authorities or administrative and police services, shall, at the time of the entry into force of this Act, be completed at the latest for August 15, 1998.
Promulgate this Act, order it to be coated with the seal of State and published by le Moniteur.
Given at Brussels, December 21, 1998.
ALBERT by the King: the Minister of the Interior, L. VAN DEN BOSSCHE. the Minister of Justice, T. VAN PARYS sealed with the seal of the State: the Minister of Justice, T. VAN PARYS _ Note (1) Parliamentary References: 1997-1998 regular Session.
House of representatives parliamentary Documents. -Bill, no. 1572/1. -Amendments, 1572-2 in 1572-4. -Report, no 1572/5. -Text adopted by the Commission, no 1572/6. -Text adopted in plenary meeting and transmitted to the Senate, no 1572/7.
Parliamentary Annals. -Annals of room: 8 July 1998.
Senate parliamentary Documents. Passed by the House of representatives, project No. 1-1060/1. Amendments, no. 1-1060/2.
Report, no. 1-1060/3. Corrected text, no. 1 - 1060/4. Decision not to amend, no. 1 - 1060/5.
Parliamentary Annals. Annals of the Senate: December 3, 1998.