Establishes The Legal Regime For Combating Violence, Racism, Xenophobia And Intolerance In Sports Shows, In Order To Permit The Achievement Of The Same Safely

Original Language Title: Estabelece o regime jurídico do combate à violência, ao racismo, à xenofobia e à intolerância nos espectáculos desportivos, de forma a possibilitar a realização dos mesmos com segurança

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449304f5331594c6d527659773d3d&fich=ppl249-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 1 explanatory statement Recognized the shortcomings of the current legislative framework, established by law No. 16/2004, of 11 may, the 17TH constitutional Government program in point 2 (Generalizing the sports practice in safety) of your Chapter IV (More and better sport) took over as priority measure ' accent, in guarantee of sports ethics the fight against doping (...), as well as strengthening the fight against corruption and violence in sport.» For your part, the article 3 of law of foundations of physical activity and Sport (Law No. 5/2007 of 16 January) provides in paragraph 1 that your ' sporting activity is developed in compliance with the principles of ethics, the sportsmanship, sports and training of all participants ' and in paragraph 2 that "it is for the State to adopt the measures to prevent and punish the demonstrations antidesportivas , in particular violence, doping, corruption, racism, xenophobia and all forms of discrimination.» In order to achieve this, still was asked to National Council against violence in sport to submit a proposal for amendments, proposal which was embodied in its opinion No. 1/CNVD/2007. Within the framework of the program of Restructuring the State's Central Administration (PRACE), and the organic law of the Presidency of the Council of Ministers, approved by Decree-Law No. 202/2006 of 27 October, was extinguished the Superior Council of Sports and provided for the creation of the National Council of sports. Even under the new organisational structure, it was also extinguished the National Council against violence in sport, being the respective attributions incorporated into the new National Council of sports.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 2 article 4 of this Bill clarifies the Council for ethics and safety in sport (EHIC) is the body responsible for promoting and coordinating the adoption of measures to combat manifestations of violence, racism, xenophobia and intolerance in sports shows, and works with the National Sports Council pursuant to Decree-Law No 315/2007 , September 18, in your current wording establishing the powers, composition and functioning. In this Bill, the first measure that meets mark is the extension of their subject, although the matter to take into account the new realities, already mirrored in international instruments. Thus, preventive measures are established and relation with the aim of eradicating of sport violence, racism, xenophobia and intolerance in sports shows, in order to permit the achievement of sporting spectacles safely and in accordance with the ethical principles inherent in your practice. We decided, therefore, for an approach in which they emphasize the positive aspects of sport, that is, the ethical principles, recognizing that violence, in all forms, is a stranger to this sport, but that is in a stage of excellence to develop and enhance. In addition to the precision of concepts and abolition of loopholes contained in Decree-law still in force, this proposal begins by lay in the presentation of a set of preventive measures to be implemented by organizers of sporting competitions by their promoters. Among these measures include those relating to the adoption of regulation of the prevention and control of violence, the requirement of the existence of business plans, in which the sports federations and professional leagues must contemplate measures and programmes for the promotion of good practices that safeguard the ethics and the sporting spirit in their annual activity plans, in particular in the field of violence associated with sport.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 3 in this context, a set of measures to support the promotion of ethics in sport, of which stands out the stimulus to the joint presence in the stands to ensure the family dimension of sports or show support for the creation of ' supporters ' embassies. Matter which deserved particular attention was the connection with the organized groups of supporters. First, by clarifying and typifying the situations in which can be provided to support these and established themselves as a sanction for non-compliance with these rules by the Prosecutor, while the situation remains, the realization of sports shows behind closed doors. Also the registration and access of organized groups of fans to the sport has been the subject of deliberation, considering, inter alia, that in matches in the sport competitions of professional or non-professional nature considered to be of high risk, whether national or international, the sports show promoters cannot assign or sell tickets to organized groups of supporters in more than the number of members in these groups and identified in the register deposited with promoters and the EHIC. Similarly, the conditions of access and permanence of the spectators to sports venues were revisited, and the immediate removal of the sports grounds for the offenders. Is reworded the sanctions framework, adapting the criminal norms in force and reinforce the measures arising out of the unlawful penalty of mere social ordering. On the other hand, in addition to the necessary regulation of the EHIC and other aspects arising from this law, this proposal, in a logic of legislative simplification, repealed the legislation scattered, however some of its provisions, such as those about the qualification of the staff shows cops.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 4 it is proposed that the aggravation of sanctions depending on the nature of the victim. Thus, the imprisonment or a fine shall be aggravated for one third in its minimum and maximum, when the victims are sports agents or media Should the Assembly of the Republic consider the query to the autonomous regions and the National Commission for Data Protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions Article 1 subject-matter this law establishes the legal regime for combating violence, racism, xenophobia and intolerance in sports shows, in order to permit the achievement of the same safely and in accordance with the ethical principles inherent in your practice. Article 2 Scope this law applies to all sports shows, with the exception of the cases expressly provided for in other legal provisions. Article 3 definitions for the purposes of this law, the following definitions shall apply: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 5 a) ' or ' security perimeter Ring, space, defined by the security forces, adjacent or outside the sports grounds, whose Assembly or installation is the responsibility of the promoter of the show, from the outer limits of the premises or building with either permanent or temporary sealing wants semicircular passageway with entrances and exits, intended to ensure the safety of sports show; b) «sports» show area, the area where the sporting spectacle unfolds, including protection zones defined in accordance with the regulations of the respective mode; c) «sports» enclosure Wizard, the vigilante private security expert, either directly or indirectly employed by the sponsor of the sports spectacle, with the functions, duties and training defined in legislation applicable to the exercise of the activity of private security; d) ' sports complex ' means the set of land, buildings and facilities for the practice of one or more procedures, including placeholders to the public and the parking of vehicles; and Security Coordinator) «» means a person with appropriate technical training designated by the promoter of the sports spectacle as responsible for operating safety at sports grounds and safety rings, in cooperation with the security forces, health authorities, the National Civil Protection Authority (ANPC) and the organizer of the sports competition, lead and coordinate the activities of sports grounds assistants and volunteers , if any, as well as to ensure the safety during the sports show; f) «Sports» Show, an event that encompasses one or more individual or collective competitions, taking place under the auspices of the same sports entity, running from the opening to the closing of the sports grounds;

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g) "organized group of supporters ' means the set of supporters, affiliates or not in a sports entity, having as its object the support to clubs, associations or sports societies; h) «Prohibition of sports», the temporary ban on performing in sports shows sporting precinct officers in sport, age and equal to those categories in which faults have occurred; I) «sports» show promoter, territorial associations, sports clubs and societies, as well as their own federations and leagues, when they are at the same time organizers of sporting competitions; j) «» sports competition Organizer, the Federation of their modality for non-professional or international competitions taking place under the auspices of the international federations, the professional leagues of clubs as well as the associations of territorial scope, for the respective competitions; l) «realization of sports shows behind closed doors ', the obligation of the promoter of sports in sports grounds show that it is affection shows in sports mode, age group and the same categories in which faults have occurred without the presence of the public; m) «sports» Enclosure, the location for the sport or where this takes place, confined or enclosed by walls or fences, usually with controlled access and conditioning; n) ' ticket ' titles, tickets, business cards, invitations and other documents allowing entry into sports, whatever your support.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 7 article 4 Council for ethics and safety in sport for the purposes of this Act, the Council for ethics and safety in sport (EHIC) is the body responsible for promoting and coordinating the adoption of measures to combat manifestations of violence, racism, xenophobia and intolerance in sport shows , and works with the National Sports Council pursuant to Decree-Law No. 315/2007, of 18 September, on your current wording. CHAPTER II security measures and conditions of the sports section I show organization and promotion of sporting competitions article 5 1 violence prevention regulations – the organizer of the sports competition shall adopt internal regulations on the prevention and punishment of the manifestations of violence, racism, xenophobia and intolerance in sports shows, in accordance with the law. 2-the regulations provided for in the preceding paragraph are subject to registration with the EHIC, which is the condition of your date, and must comply with: a) the rules laid down by this law and regulations; b) the norms established within the framework of international conventions on violence associated with sport to which the Portuguese Republic is bound.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/8 3 X-the regulations provided for in paragraph 1 shall contain, inter alia, the following matters: a) preventive procedures to be followed in the Organization of sports competitions; b) typed Enumeration of situations of violence, racism, xenophobia and intolerance in sports shows, as well as the corresponding penalties to be applied to sports agents; c) Processing of the procedure for applying the sanctions referred to in the preceding sub-paragraph; d) breakdown of types of objects and substances referred to in point (d)) of paragraph 1 of article 22 4 – sanctions referred to in point (b)) of the preceding paragraph may consist of disciplinary sanctions, sporting and, when covering sports show promoters, on prohibition of sports or the obligation to conduct sporting competitions behind closed doors. 5-the rejection and non-adoption of the regulation referred to in paragraph 1 by the organizer of athletic competition, as well as the adoption of a regulation for which registration is refused by the EHIC, imply, as the situation continues, the impossibility of the sports competition organizer concerned benefit from any kind of public support, and, in the case of entity holder of public utility status of sports the suspension of the same. Article 6 the business plan The sports federations and professional leagues are required to insert measures and programmes for the promotion of good practices that safeguard the ethics and the sporting spirit in their annual activity plans, in particular in the field of violence associated with sport.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 9 Article 7 safety regulations and use of the public access space 1 – the sports show promoter approves internal regulations for safety and use of public spaces. 2-the regulations provided for in the preceding paragraph must contain, inter alia, the following measures, whose implementation should be preceded by consultation with the security forces, the ANPC, emergency medical services and the sports competition Organizer: a) physical separation of supporters, allowing them to separate areas, in sporting competitions of professional or non-professional nature considered high risk; b) control of the sale of tickets, using electronic or electro-mechanical means, in order to ensure the input stream of viewers, preventing the reuse of the title of entry and allowing the detection of fake ticket titles in sports competitions of professional or non-professional nature considered high risk; c) surveillance and control designed to prevent excess capacity in any area of the enclosure, as well as to ensure the clearance of access roads; d) installation or mounting of rings of security and the adoption of mandatory access control systems, in order to prevent the introduction of objects or substances prohibited or which may facilitate or generate acts of violence, in accordance with the procedure provided for in this law; and Prohibition of sale, consumption) and distribution of alcoholic beverages, narcotic drugs and psychotropic substances substances inside the ring or security perimeter, as well as the adoption of a system of control of alcohol and States of narcotic drugs and psychotropic substances;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 10 f) surveillance of groups of supporters, particularly in travel to attend sporting competitions of professional or non-professional nature considered to be of high risk, held outside the arena of sports show sports promoter; g) definition of the conduct of the activity and the movement of social media in sports grounds; h) draw up an internal emergency plan, anticipating and defining, in particular, the performance of the Assistant sports grounds, if any. 4-the regulations provided for in paragraph 1 are subject to registration with the EHIC, which is the condition of your validity. 5-the rejection and non-adoption of the regulation referred to in paragraph 1 by the promoter of the show, or the adoption of regulations for which registration is refused by the EHIC, imply, as the situation continues, the impossibility of being carried out in the respective sports sports shows, as well as the impossibility of obtaining a business license or the immediate suspension of operation as the case may be. 6-the sanctions mentioned in the preceding paragraph are applied by the Macau Sport Development Board of Portugal, i. p., on a proposal of the EHIC. Article 8 Duties of the promoters of the show 1 sports – without prejudice to other duties assigned to them pursuant to this law, and in other applicable laws or regulations, are duties of promoters of sporting spectacle: a) take responsibility for the safety of sports grounds and rings of security, without prejudice to the provisions of article 13;

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b) encourage ethical and sporting spirit of their supporters, especially among organized groups; c) penalty measures to their members involved in disturbances of public order, preventing access to sports venues in the terms and conditions of the respective regulation or promoting your expulsion; d) protect individuals who are targets of threats and assets and belongings of these, in particular by facilitating their safe exit of the sports complex, or your transfer to insurance sector, in coordination with the security force elements; and) Adopt safety regulations and use of the public access sports grounds; f) Designate the Security Coordinator, in the situations provided for in the law. 2-the provisions of the preceding paragraph, with the exception of your (f)), shall apply, mutatis mutandis, to the organizers of sporting competition. Article 9 socio-educational prevention Actions the organizers and promoters of sports shows, in conjunction with the State, shall develop socio-educational prevention actions in the areas of ethics in sport, violence, racism, xenophobia and intolerance in sports shows, notably through: a) approval and execution of plans and measures, in particular to the school-age population; b) development of advertising campaigns that promote the sportsmanship, the ideal of fair play and the integration, especially among the school-age population;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 12 c) implementation of measures aimed at ensuring conditions for full family framework, in particular by the adoption of a system of tickets more favourable; d) development of measures for allowing the framing and the conviviality among fans; e) support for the creation of ' supporters ' embassies, in order to comply with the provisions of this law. SECTION II article 10 safety 1 Safety Coordinator – it is the promoter of the show, for the sports shows integrated into sporting competitions of professional or non-professional nature considered to be of high risk, whether national or international, to appoint a Security Coordinator. 2-the Security Coordinator is responsible for the safety operating inside the sports venue and security rings, without prejudice to the powers of the criminal police bodies. 3-The sports show promoters, before the beginning of each season, should communicate to the EHIC the list of security coordinators of the respective sports. 4 – it is incumbent upon the Security Coordinator to coordinate the activities of the Assistant sports venue, with a view to, in cooperation with the sports competition Organizer, with the security force, with ANPC and with health authorities, ensure normal during the show.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 13 5-Security Coordinator meets with the entities referred to in the preceding paragraph, before and after each show, and draws up a final report which is delivered to the organizer of the sports competition, with copy to the EHIC. 6-failure to comply with the provisions of paragraph 1 implies, for the sports spectacle, while the situation remains, the realization of sports shows behind closed doors. Article 11 policing sports shows the system of policing and their satisfaction, carried out in sports grounds, is set out in Decree-law. Article 12 qualifications of 1 – shows How to sports shows with international nature, high risk those: a) corresponding to the final stage of a European or World Championship, in the set each year by the EHIC, heard the security forces; (b)) to be declared as such by international organisations, the European and world level, the modalities, on the basis of incidents caused by supporters of at least one of the teams or, for exceptional reasons; c) in which the visiting team supporters presumably will exceed 10% of the capacity of the stadium or in number equal to or greater than 2000 people; d) in which the sports grounds are presumably full or that the likely number of spectators exceeding 30000 people.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 14 2 – How to sports shows with national nature, high risk those:) Which are defined as such by the EHIC, heard the territorially competent security force; b) concerned the discharge in a knockout competition in the two heats background to the end; c) when the number of viewers provided he reaches 80% of the sports grounds; d) in which the number of supporters of the visiting team reaches 20% of the number of spectators anticipated; and) in which the supporters of the clubs involved have raised serious incidents in previous games; f) in which the sporting performances are decisive for both teams in winning a trophy, access to international events or change in divisional rank. 3 – Consider yourself normal risk, the sporting performances not covered by the preceding paragraphs. Article 13 Security Forces 1-When the Security Force Commander local jurisdiction considers that the conditions are not for the sports spectacle takes place safely communicate the fact to the General Commander of the GNR or the national director of the PSP, as the case may be.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 15 2 – the Commander-General of the NATIONAL REPUBLICAN GUARD or the national director of the PSP, as the case may be, shall inform the organizer of sporting competition on the safety measures to correct and to implement by the promoter of the show. 3-failure to comply with the provisions of the preceding paragraph by the promoter of the show implies that no sports show, which is determined by the organizer of the competition. 4 – the Commander of the security force at the scene can, in the course of the show, take, at any time, responsibility for safety at sports grounds where the lack of this determine the existence of risk to people and facilities. 5-the evacuation decision, in whole or in part, from the sporty fit, exclusively, to the Commander of the security force at the scene. SECTION III organized groups of supporters article 14 support for organized groups of fans 1 – only the organized groups of supporters constituted as associations, in accordance with the applicable legislation or under the youth associations, and registered as such with the EHIC, may be subject to support by the promoter of the show, in particular by granting sports facilities or facilities providing , technical support, financial or material. 2-The technical, financial and material support provided by the promoter of the sporting spectacle organized groups of fans are the subject of Protocol, to be concluded in each season, which is available, where requested, the security force and the EHIC.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 16 3 – the Protocol referred to in the preceding paragraph shall identify, in annex, the content of their organized group, referred to in paragraph 1 of the following article. 4-support is expressly prohibited by the promoter of the show, the organized groups of supporters to adopt signs, symbols and expressions that incites to violence, racism, xenophobia, intolerance in sports shows, or any other form of discrimination, or to translate expressions of political ideology. 5-the granting of facilities or the disposal of premises to supporters ' groups established in accordance with the present law is the responsibility of the promoter of the show, and, to that extent, their supervision, to ensure that these are not deposited any material or article prohibited or liable to facilitate or generate acts of violence, racism, xenophobia intolerance sports shows, or any other form of discrimination, or to translate expressions of political ideology. 6-failure to comply with the provisions of this article implies for the sports spectacle, while the situations indicated in the preceding paragraphs remain, the realization of sports shows behind closed doors. 7 – the penalty mentioned in the preceding paragraph is applied by the Macau Sport Development Board of Portugal, i. p., on a proposal of the EHIC. Article 15 registration of organized groups of fans 1-The organized groups of supporters must have an organized and updated registration of your affiliates, with indication of the following: a) Name;

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b) identity card number; (c)) date of birth; d) Photo; e) Affiliation, in the case of a minor; and f) address. 2-the register referred to in the preceding paragraph is carried out with the respective promoter of sports show, which, within five days following the reception, your send copy to the EHIC that makes it available immediately to security forces. 3-the register referred to in paragraph 1 is updated when any change as to its affiliates, and may be suspended or cancelled in the event of non-compliance with the provisions of this article. 4 – The organized groups of supporters must have an updated list containing the identification of all affiliates, registered in accordance with the provisions of the preceding paragraphs, present in the movement in concrete for the sports spectacle. 5-the listing referred to in the preceding paragraph is made available, where requested, the security forces and the EHIC. 6-the elements responsible for organized groups of supporters who do not comply with the preceding paragraphs are unable to access the interior of any sports grounds by a decision of the Institute of sport in Portugal, I. P., on a proposal of the EHIC, while the situation of non-compliance is maintained. 7-in the event of recidivism, the EHIC must suspend, for a period not exceeding one year, or UN-register referred to in paragraph 1.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 18 article 16 access of organized groups of supporters to the sporty 1 – The sports show promoters must reserve, in sports that they are engaged, one or more specific areas for members of organized groups of supporters. 2 – in sporting competitions of professional or non-professional nature considered to be of high risk, whether national or international, the sports show promoters cannot assign or sell tickets to organized groups of supporters in more than the number of members in these groups and identified in the register referred to in paragraph 1 of the preceding article, and should be included in each ticket assigned or sold the name of the holder affiliated. 3-Only access is allowed and in the areas referred to in paragraph 1 to the individuals carrying a special card issued for this purpose by the promoter of the show. 4-failure to comply with the provisions of this article implies for the sports spectacle, while the situations indicated in the preceding paragraphs remain, the realization of sports shows behind closed doors. 5 – the penalty mentioned in the preceding paragraph is applied by the Macau Sport Development Board of Portugal, i. p., on a proposal of the EHIC. SECTION IV article 17 sports Venue seating and spectators ' physical separation 1 – The sports venues in which to carry out sport competitions of professional or non-professional nature considered to be of high risk, whether national or international, are equipped with individual seats, and numbered, equipped with officially approved model seats.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 19 2 – the provisions of the preceding paragraph shall not preclude the installation of sectors duly identified as buffer zones, which allow separate physically the spectators and ensure a rapid and effective evacuation of the sports grounds, and may involve the restriction of sale of tickets. 3-The sports venues in which to carry out the games referred to in paragraph 1 are also provided with appropriate places for people with disabilities and, in particular, disability or for people with reduced mobility. Article 18 video surveillance system 1 – the sports spectacle, which carry out sport competitions of professional or non-professional nature considered to be of high risk, whether national or international, must install and maintain in perfect condition a video surveillance system that allows visual inspection of all sports grounds and its ring or perimeter, with fixed or mobile cameras with image and sound recording and printing of frames , which are aimed at the protection of persons and property, with observance of the provisions of law No. 67/98 of 26 October. 2-the image and sound recording at the time of the occurrence of a sports show, is mandatory, since the opening to the closing of the sports grounds, and the records be kept for 90 days, after which they are destroyed in the event of non-use in terms of criminal law and criminal procedure applicable. 3-in places subject to video surveillance is mandatory posting, in a clearly visible place, in a warning that verse «For your protection this site is under surveillance of a closed circuit television, and the recording picture and sound». 4-the warning referred to in the preceding paragraph shall also be accompanied by oral information and appropriate symbology and be translated into at least a foreign language.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 20 5-the video surveillance system provided for in the preceding paragraphs can, in the same terms, be used by elements of the security forces. 6-the sports competition organizer can access the images recorded by video surveillance system, for purposes exclusively sports disciplinary provided for in this law, and in compliance with the law No. 67/98 of 26 October, and, without prejudice to the application of paragraph 2, to ensure the booking conditions from the records obtained. Article 19 parks The sports venues in which to carry out sport competitions of professional or non-professional nature considered to be of high risk, whether national or international, must have car parks properly scaled to its capacity of spectators, as well as to make provision for parking for people with disabilities and or disabilities, in accordance with the legislation in force , for the security forces, for arbitration and for the delegates of the respective Federation and League. Article 20 Access to people with disabilities and the disability or sports 1-The sports venues should have special access for people with disabilities and or disabilities, in accordance with Decree-Law No. 163/2006 of 8 August. 2-people with disabilities and or disabilities can have access to sports venues accompanied by assistance dog laid down in Decree-Law No. 74/2007, of 27 March.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 21 Article 21 improvement measures 1 – the Sports Institute of Portugal, i. p., can determine, on a proposal of the EHIC, or through this, on a proposal of the security forces, which the sports venues in which race sporting competitions of professional or non-professional nature considered high risk , whether national or international, are subject to measures of improvement, with a view to improving safety and the improvement of the conditions higiossanitárias. 2-In case of failure to comply with the provisions of the preceding paragraph, the Sports Institute of Portugal, i. p., can determine the interdiction of premises for the intended purposes. Article 22 conditions for access of spectators to the sporty 1 – conditions of access for spectators to the sport: a) the possession of a valid ticket title; b) compliance with the standards of the regulation of safety and use of public spaces; c) not be under the influence of alcohol, narcotics, psychotropic substances or products of similar effect, accepting to undergo screening and control tests, to be carried out under the direction of the security force elements; d) not carry or bring objects or substances prohibited or liable to generate or facilitate violence; and Not bear placards, flags), symbols or other signs with messages offensive, racist or xenophobic in nature; f) Ribbit Not racist or xenophobic or which incites to violence;

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g) Consent on personal safety and prevention magazine, in order to detect and prevent the entry of objects and substances prohibited or liable to generate or facilitate violence; h) Consent for the collection of image and sound, pursuant to law No. 67/98 of 26 October. 2-for the purposes of subparagraph (c)) of the preceding paragraph, shall be deemed to be under the influence of alcohol individuals showing a blood-alcohol rate equal to or greater than 1.2 g/l, applying them, mutatis mutandis, the procedures, testing, instruments and measuring modes set out in the highway code, approved by Decree-Law No. 114/94, of May 3, as last amended by Decree-Law No. 113/2008 , July 1, for the alcohol situations and influence of narcotic drugs or psychotropic substances in drivers. 3-it is forbidden the access to sports grounds to all viewers who do not comply with the provisions of paragraph 1, with the exception of conditions listed in paragraph 1 (b)), d) and (e)) of the same paragraph, in the case of articles which are helpers of people with disabilities and or disabilities. 4-the police authorities deployed the sports spectacle can undergo alcohol control tests or other toxic substances individuals who submit evidence of being under the influence of the same, as well as those who manifest violent behaviour or that endangers the security of that same show. 5-it is forbidden the access to sports grounds, to those whose tests are positive and all those who refuse to submit to them.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 23 article 23 Conditions of stay in 1 sports viewers – Are staying conditions of viewers in sports grounds: a) bear posters, banners, symbols or other signs with messages offensive, violent, racist or xenophobic, intolerant sports shows, any other form of discrimination, or to translate expressions of political ideology; b) not obstruct access and evacuation routes, especially emergency routes, without prejudice to the use of the same by people with impairments and disabilities; c) do not practice violence, that incites to violence, racism or xenophobia, intolerance in sports shows, any other form of discrimination, or to translate expressions of political ideology; d) No outrage or disrespect that is due to national symbols, through any means of communication with the public; and Ribbit Not) racist or xenophobic or which incites to violence, intolerance in sports shows, any other form of discrimination, or to translate expressions of political ideology; f) Not access or reserved access areas not intended for the public; g) non-circular of a sector to another; h) does not throw any objects inside the sports grounds; I) do not use material producer of fireworks, any other pyrotechnic devices or producers of similar effects;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 24 j) comply with the regulations of the sports grounds; l) Observe security conditions laid down in the preceding article. 2-non-compliance with the conditions laid down in (a)), c), (d)), and), g) and (h)) of the previous paragraph, as well as in (c)) and d) of paragraph 1 of the preceding article, involves the immediate clearance of sports grounds to be carried out by the security forces present on the site, without prejudice to other applicable sanctions. 3-non-compliance with the conditions laid down in paragraph 1 (b)), f), (g)) and l) of paragraph 1, as well as in (a)), b), and) and f) of paragraph 1 of the preceding article, involves the immediate clearance of sports grounds by sports grounds wizards present on the site, without prejudice to any other penalties applicable. Article 24 special conditions of permanence of the organized groups of fans 1-The organized groups of fans can, exceptionally, to use the following materials or articles, inside the sports venue: the noise producing Instruments), usually called "megaphone" and "drums"; b) pyrotechnic Fireworks to use smoke technique, usually called "smoke pot". 2-the provisions of paragraph 1 (a)) of the preceding paragraph requires prior authorization from the promoter of the show, and communicate to the security force. 3-the provisions of paragraph b) of paragraph 1 requires authorization and monitoring of the security force, in accordance with the ANPC and promoter of sports show.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 25 article 25 personal safety and Prevention Magazine 1-the wizard of sports grounds can, in the area defined for access control, personal safety and prevention magazines to viewers, in accordance with the legislation applicable to the exercise of the activity of private security, in order to prevent the introduction in the sports grounds of prohibited substances or objects which enable or generate acts of violence. 2-the wizard of sports grounds must be carried out before the opening of the doors, a security check at all your interior, in order to detect the presence of prohibited substances or objects. 3-the security forces deployed for the sports show, where this is necessary, can proceed to magazines to viewers, so as to avoid the existence in the enclosure of objects or substances prohibited or which may facilitate acts of violence. 4 – the magazine is required with respect to organized groups of supporters. Article 26 Issuing and selling 1 ticket titles-In areas in which to perform professional competitions and non-professional competitions considered to be of high risk, whether national or international, the organizer of the sports competition to develop and use a uniform system of issue and sale of securities of ticket, controlled by electronic means. 2 – it is the responsibility of the organizer of the sports competition the issue of ticket, and set at the beginning of each season, the characteristics of the title of the ticket and the minimum and maximum limits of the respective price.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 26 3-the ticket shall contain the following indications: a) sequential numbering; b) identification of the sports grounds; c) gateway to sports grounds, sector, row and seat, as well as the plan of the premises and location of access; d) designation of sporting competition; and) sport; f) identification of the organizer and sports show promoters involved; (g) summary of the facts) impede access of spectators to the sport and the consequences of non-compliance with the safety regulations and use of public spaces. 4-the sports competition organizer can be agreed with the promoter of the show the sports issue of the securities. 5-the number of ticket issued titles under this article may not be higher than the capacity of its sports grounds. 6-the violation of provisions of this article implies, while the situation remains, the suspension of the realization of the sports concerned show. 7 – the penalty mentioned in the preceding paragraph is determined by the Sports Institute of Portugal, i. p., on a proposal of the EHIC.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 27 CHAPTER III sanctions Regime Crimes Section I article 27 distribution and sale of fake ticket or irregular titles 1-Who distribute for sale or sell a ticket to a show titles in violation of emission system and sale of admission laid down in article titles or without express prior permission of the organizer of the sports competition , is punished with imprisonment up to 1 year or with a fine penalty. 2-the attempt is punishable. Article 28 irregular distribution and sale of tickets 1-Who distribute for sale or sell a ticket to a show titles, so as to result in overcrowding of the sports grounds, in part or in whole, or with your intention to obtain, for themselves or for someone else, without patrimonial advantage are authorized, is punished with imprisonment up to 1 year or with a fine penalty. 2-the attempt is punishable. Article 29 qualified Damage under sports show Who, when a group of supporters, organized or not, destroy, in whole or in part, damage, deface or make non usable public transportation, installation or equipment used by the public or collective utility or other relief, is punished with imprisonment from 1 to 5 years, or with fine penalty up to 600 days.

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Article 30 Participation in brawl in move to or show 1 sports-Who, when the movement to or from sports show, event or take part in feud between two or more people that work: a) Death or insult to the integrity of the contenders; b) risk of offence to the physical integrity or danger to third parties; or c) alarm or anxiety among the population; is punished with imprisonment up to 3 years or with a fine penalty. 2-participation in Brawl is not punishable when it is determined by reason not objectionable, particularly when target react against an attack, defending someone else or separate the contenders. Article 31 falling objects or liquid products Who, finding himself inside the sports venue during the occurrence of a sports show, throw objects or liquid product and create thus danger to the life or physical integrity of another person, shall be punished with imprisonment up to 3 years or with a fine penalty. Article 32 Invasion sports show area 1 – Who, finding himself inside the sports venue during the occurrence of a sports spectacle, invade the area of this show or access sports grounds areas inaccessible to the general public, is punishable by imprisonment up to 1 year or with a fine penalty.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 29 2 – If the conduct referred to in the preceding paragraph result normal course disruption of the show involving the sports suspension, interruption or cancellation of the same, the agent is punished with imprisonment up to 2 years or with a fine penalty. Article 33 personal Offences acting in groups Who, finding himself inside the sports venue, during the occurrence of a sports show, acting in groups, offending physical integrity of third parties, is punished with imprisonment up to 3 years or with a fine penalty of not less than 500 days. Article 34 Crimes against sports agents 1 specific – if the acts described in articles 29 to 31 are applied in such a way as to endanger the life, health, physical integrity or the safety of the riders, coaches, referees and other sports agents who are in the area of sports show, as well as to members of the media in the same service the feathers on those provided for are compounded in its minimum and maximum limits, up to one-third. 2-the attempt is punishable. Article 35 accessory Penalty of deprivation of the right to enter sports venues 1-The condemnation of the crimes provided for in articles 29 to 31, shall apply a measure of prohibition of access to sports for a period of 1 to 3 years, if not more serious you accessory penalty applicable under another legal provision. 2-the accessory punishment referred to in the preceding paragraph includes the obligation of submission to a judicial authority or criminal police body on pre-established days and hours, taking into account their professional standards and the domicile of the agent.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 30 3-doesn't count for purposes of counting of the term of the measure of prohibition provided for in paragraph 1, the time when the agent is deprived of liberty pursuant to procedural coercive measure, penalty or security measure. Article 36 coercive Measure of prohibition of access to sports venues 1-if there is strong evidence of crime provided for in this law, the judge can impose on the defendant: measures the access or residence Ban) the sports grounds within which carry out sports mode shows on the facts; and or b) Prohibition of approaching any sports venue, during the 30 days prior to the date of completion of any sports show and on the day of completion. 2 – the measure of coercion referred to in subparagraph (a)) of the preceding paragraph shall apply the maximum deadlines foreseen for pre-trial detention provided for in the code of criminal procedure. 3 – the measure of coercion provided for in paragraph 1 may be cumulated with the obligation of the defendant to report to a judicial authority or criminal police body in days and hours pre-established, taking into account their professional standards and the place in which it inhabits. Article 37 provision of work in favour of the community If the agent should be applied in imprisonment not exceeding 1 year, the Court replaces it by providing work in favour of the community, except opposition of that or if they conclude that this does not take place properly and the purposes of punishment, in other terms provided for in the criminal code and the code of criminal procedure.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 31 article 38 the duty of communication 1-the courts provide the criminal police bodies decisions applying the measures provided for in articles 33 and 34 2-where requested, the criminal police agencies send the information referred to in the preceding paragraph to the EHIC. SECTION II of mere social ordering Unlawful article 39 administrative offences Constitutes a misdemeanour, 1 – for the purposes of this law: a) the introduction, sale and consumption of alcoholic beverages in the ring or security perimeter; (b)) the introduction, transportation and sale in sports drinks or other products in containers that are not made of light material not blunt; c) the introduction, sale and hire or distribution in sports of pillows that are not made of light material not blunt; d) the practice of acts or incitement to violence, racism, xenophobia and intolerance in sports shows, without prejudice to any other penalties applicable; and) use in sports of horns powered by batteries, electricity or other forms of energy, as well as any noise-producing instruments installed in fixed form, with the exception of the sound installation of the promoter of sports show;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 32 f) the use of bright light type laser devices, which, by your intensity, is able to cause physical damage or disturb the concentration and performance of athletes; g) the introduction or use of substances or pyrotechnic or explosive devices or objects that produce similar effects, without prejudice to any other penalties applicable; h) the pitch, outside the cases referred to in article 29 2-the practice of conduct referred to in paragraph 1, when committed against people with disabilities and or disabilities, applies the administrative arrangements provided for in law No. 46/2006, of 28 August. Article 40 Fines 1-Is very serious infraction, punishable by a fine between € 2,000 and € 3 500, the practice of the conduct referred to in points (a)), d) and (g)) of paragraph 1 of the preceding article. 2 – Constitutes a serious infraction, punishable by a fine between € 1,000 and € 2 000, the Commission of the conduct referred to in paragraph 1 (b)), and) and f) of paragraph 1 of the preceding article. 3 – Constitutes an administrative offence punishable by a fine, light between € 500 and € 1 000, the practice of acts referred to in (c)) and h) of paragraph 1 of the preceding article. 4-sports agents who, in any way, practice or incite to commit acts suitable in the previous article are punished with fines, in their minimum and maximum amounts to twice as provided for in paragraphs 1 and 2, respectively. Article 41 determination of the extent of the fine 1-the determination of the extent of the fine, within limits, depending on the seriousness of the alleged infringement, the guilt, the economic situation of the agent and of the economic benefit that this removed the practice of administrative offense.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/33 2 X-the attempt and negligence is punishable, and the minimum and maximum limits of the fine applicable reduced to half. Article 42 1 accessory Sanction-sentencing for a misdemeanour provided for in point (d)) of paragraph 1 of article 39 could determine, in the light of the seriousness of the offence and the guilt of the agent, the application of the accessory sanction of prohibition of access to sports for a period up to 1 year. 2-the provisions of paragraphs 2 and 3 of article 35 shall apply, mutatis mutandis, to this article. Article 43 procedure and application of the fine 1 – the statement of offense referred to in this law it is for the Sports Institute of Portugal, i. p. 2 – the application of fines is the responsibility of the civil Governors of the district, in the territory of the continent, and in the autonomous regions, Member of the Regional Government responsible for sport. 3-the application of the fines, in the context of sporting competitions of professional nature, falls within the competence of the President of the Sports Institute of Portugal, i. p., you must notify the Ministry of Internal Affairs of the opening of their alleged infringement, filing procedures and the application of the fines that the case fits. 4-the final decisions of administrative offense instituted by xenophobic or racist acts are reported by the Institute of sport in Portugal, I. P., the Commission for equality and Against Racial discrimination.

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Article 44 of fines 1 Product – the product of fines reverts in: 60% to the State); b) 20% for security force raising the auto; c) 20% for the Institute of sports of Portugal, i. p. 2-in the autonomous regions, the product of the fines reverts in: 60%) for the autonomous region; b) 20% for security force raising the auto; c) 20% to the regional sports area. Article 45 supplementary law offences processing and the application of the corresponding sanctions provided for in this law shall be subject to the general regime of the contravention. SECTION III article 46 disciplinary measures disciplinary Unlawful for acts of violence 1-the practice of acts of violence is punished, as its gravity, with the following penalties: PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 35 a) ban on sports grounds, as well as the loss of sports effects the results of sports competitions, namely the titles and the statements , which relate to the acts that were committed and the total or partial loss of points in sports ratings; b) realization of sports shows behind closed doors; c) fine. 2-the penalties provided for in paragraph 1 (a)) of the preceding paragraph shall apply, depending on the gravity of the acts and their consequences, to sports clubs, associations and societies involved in their sports show whose partners, supporters or sympathizers, practice one of the following offenses: a) Aggression to sports agents, elements of the security forces on duty, safety coordinator, Assistant sports grounds as well as all persons authorised by law or by regulation to remain in the area of sports show to take the referee rightly not start or restart of the sports show or even give it by ending before the normal time; b) Invasion of the area of the sports spectacle that justified, prevent the start or conclusion of the sports show; c) Occurrence, before, during or after the show, sports people abuse referred to in subparagraph (a)), causing special injury severity, either by your nature, and by the time and degree of disability. 3-the sanction of sports shows behind closed doors is applicable to the entities referred to in the preceding paragraph whose partners, supporters or sympathizers, practice one of the following offenses: a) Attacks on the persons referred to in point (a)) of the preceding paragraph;

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 36 b) Occurrence of disturbances or invasion of sports show which area, so unwarranted, the delay in the start or restart of the sports show or lead to your interruption not definitive; c) Aggression on the spectators or the elements of social communication, within the sports grounds, before, during or after the show, which entail special gravity lesions, either by nature or by the time of your disability. 4-Without prejudice to the penalties laid down in the preceding paragraphs, the penalty of fine is applied under the conditions laid down in the regulations of the sports competition organisers or promoters of the sports spectacle, when the practice of the following offences: the Attacks provided for in subparagraph (c))) the preceding paragraph that are not particular gravity; b) threats and practice or duress against the persons or entities referred to in point (a)) of the preceding paragraph; c) occurrence of disturbances that cause, so unwarranted, the delay in the start or restart of the sports show or lead to your interruption not definitive. 5-If the situations provided for in the preceding paragraph resulting damage to sports infrastructures that jeopardize the security conditions, the sports grounds remains off-limits for a period necessary for the replacement of the same. Article 47 other sanctions 1 – The sports shows promoters who violate the provisions of articles 19 and 21 incur disciplinary and pecuniary sanctions, which must be implemented by the respective Federation and professional League, in accordance with the relevant regulations.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 37 2 – also in the said penalties Incurred promoters who issue ticket titles in violation of the provisions of paragraphs 3 and 5 of article 26 article 48 Disciplinary Procedure 1 – the penalties provided for in (a)) and b) of paragraph 1 of article 46 can only be applied by disciplinary proceedings to be made by the organiser of the competition. 2-the disciplinary measures referred to in the preceding paragraph begins with the referee's reports, security forces, the Security Coordinator and the Deputy sports competition Organizer. 3-the competent authority to apply sanctions or interdiction of sports behind closed doors shows graduates the sanction to be applied for a period of one to five sports shows, implying the recurrence in the same season the aggravation of the penalty to at least twice the previous sanction. Article 49 Implementation of competition in the case of prohibition of sports venues, sporting competitions to show sports promoter banned fit perform as visited are in enclosure to indicate, by the Federation or the pros, depending on whether, for professional or non-professional sports competition, and in accordance with the regulations.



PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 38 CHAPTER IV transitional and final provisions article 50 deadlines for the implementation of certain measures 1 – should occur until the beginning of the 2009-2010 season: a) the adoption of the regulation referred to in article 5, by the organiser of sporting competition; b) compliance with article 15, by the organized group of supporters; c) installation of video surveillance system referred to in article 18, by the sponsor of the show. 2 – The sports show promoters to obtain the right to participate in sports competitions of professional nature, for advancement in step or by any other procedure provided for in the rules of the competitions, the deadline to comply with the provisions of this law is two years, counting from the start of the season in which this right is obtained. Article 51 Failure of the sports show promoters that, after the periods referred to in the previous article, do not meet the requirements in this referred to, are inhibited from doing any sports competition professional in nature. Article 52 set Standard is revoked the law n° 16/2004, of 11 may, and article 6 of Decree-Law No. 238/92, of 29 October.

PRESIDENCY of the COUNCIL of MINISTERS draft law No. 249/X 39 article 53 entry into force this law shall enter into force 30 days after the date of your publication.

Seen and approved by the Council of Ministers of 7 November 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency