NATIONAL PLATFORM FOR THE PREVENTION OF CORRUPTION IN SPORT (POWERS AND OBLIGATIONS) REGULATIONS (powersandobligations)

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

SUBSIDIARY LEGISLATION 626.02

NATIONAL PLATFORM FOR THE PREVENTION OF

CORRUPTION IN SPORT (POWERS AND

OBLIGATIONS) REGULATIONS

1st March, 2024

LEGAL NOTICE 39 of 2024.

The title of these regulations is the National Platform for

the Prevention of Corruption in Sport (Powers and Obligations)

Regulations.

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Sports Governance and Integrity Act;

"Authority" means the Authority for Integrity in Maltese

Sport established by article 5 and any reference in these

regulations or any other law to the Authority shall, unless the

context otherwise requires, be construed as including a

reference to any person authorised by the Authority to act for

or on its behalf;

"academy" means an organisation of a commercial

nature having the scope of providing training to athletes under

the age of sixteen (16) years with the aim of providing an

adequate ambience for their development and with the aim of

encouraging participation of the said minors in events

organised by the respective national sports organisations;

"administrator" shall have the same meaning as assigned

to it in the Establishment and Composition of the National

Platform for the Prevention of Corruption in Sport

Regulations;

"association" or "national association" means an

association of clubs on a national level which group together

for the purpose of promoting a particular sport or for

organising competitive games in such sport;

"club" means an association of persons, whether in the

form of a civil partnership or a commercial partnership or

otherwise, in which persons constitute themselves in or form

part of an association mainly for the purpose of engaging in or

organising sport activities;

"federation" or "national federation" means an

association being mainly an association of a number of

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

national associations of the same sport activity or of associated

sport activities;

"information" means any detail, fact, report, evidence,

data, suspicion or any other information relevant to or which

may shed light on any investigation undertaken by the

platform;

"Minister" means the Minister responsible for sports;

"platform" means the National Platform for the

Prevention of Corruption in Sport established by means of the

Establishment and Composition of the National Platform for

the Prevention of Corruption in Sport Regulations;

''Regulation (EU) 2016/679'' means Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to

the processing of personal data and on the free movement of

such data, and repealing Directive 95/46/EC (General Data

Protection Regulation);

"sport organisation" means a federation or a national

federation or an association or a national association or club or

foundation having sport as its main objective or an academy or

sport school or any other person being registered in the

Authority’s Register for Sport Persons or an organisation

having sport as its main objective and which for any reason

whatsoever is not yet registered in the said Register;

"sports school" means an undertaking, organisation or

enterprise, by whomsoever owned or managed, the main

function of which is to educate on a full-time or part-time basis

in any particular sporting discipline or sporting disciplines.

(2) The definitions prescribed in the Prevention of

Corruption in Sport Act shall apply, mutatis mutandis, unless they are

inconsistent with these regulations.

(3) The definitions prescribed in the Act shall apply, mutatis

mutandis, unless they are inconsistent with these regulations.

The platform shall operate with the aim of reaching its

objectives and satisfying the obligations in accordance with these

regulations.

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

The main objectives of the platform shall be the

following

(a)

to collect and analyse information relevant to

investigations relating to suspected manipulation of sport

events and to share the information with other national and

international entities of a similar nature in accordance with

these regulations and the Prevention of Corruption in Sport

Act;

(b)

to analyse alerts stemming from betting

monitoring systems and other platforms whose function

includes the detection of suspicious betting activities;

(c)

to act as an information hub;

(d)

to assist the police and sports organisations in

the production of evidence arising from information collected

for the purpose of prosecution of criminal cases as well as

disciplinary proceedings of a sporting nature respectively.

The platform shall ensure that it

(a)

serves as a hub for collection, analysis and

verification of information and the dissemination of

information relating to sport betting with the aim of protecting

sport from criminal activity, organised crime and corruption;

(b)

keeps abreast with contemporary methodologies

used to exploit the gaming and betting industry, including

threats from unregulated betting platforms and provides expert

advice about such emerging exploitation and threats to sport

organisations;

(c)

develops a general picture of the manipulation of

sport events and results phenomenon through monitoring and

studies about the risks involved;

(d)

receives information relating to irregular and

suspicious betting placed on Maltese sport events and events

organised in Malta and where necessary, pre-empt the police

and the respective national federation or association;

(e)

communicates

information

through

the

controller including personal data to enforcement authorities,

any international sport governing authority, for the purposes of

detecting, investigating and prosecuting criminal offences and

to take any disciplinary action as required;

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

(f)

improves the sharing of information between the

various interested organisations and takes the best possible

action with an aim of detecting initial signs of fraud and other

suspicious behaviour relevant to the fight against manipulation

of sport events and results and the prevention and repression of

those acts which may result in the breach of these regulations

and of the Prevention of Corruption in Sport Act, through a

network of contacts and means of communication;

(g)

emphasises prevention, education and sharing of

information in order to prevent, detect and fight manipulation

in sport while promoting the role of the platform with the

public in general;

(h)

assists the Authority with the publication of

recommendations, policies and recommended practices;

(i)

takes all necessary initiatives to ensure the

effective implementation of policies and strategies against

manipulation in sport events and corruption in sport by the

organisations concerned;

(j)

collaborates with sport organisations involved in

the fight against corruption in sport and manipulation of sport

results;

(k)

collaborates with authorities and local and

international organisations, including European Union

institutions, other countries and other platforms to provide and

receive good practices and technical assistance for the purpose

of fighting corruption in sport and the manipulation of sport

results;

(l)

is accessible through means of communication,

including an interactive website where the general public may

report any wrong-doing as well as obtain information for the

purpose of education;

(m)

endeavours to promote sport as a means of unity

within the community.

The platform shall sign cooperation agreements and

other formal agreements with parties involved in the fight against

manipulation of sport results and corruption in sports with the aim of

mutual cooperation with the platform as well as sharing of

information relating to specific cases and suspected manipulation or

corruption.

(1)

The members of the platform shall meet at least

six (6) times per year with the aim of discussing the operations of the

platform as well as to report to the other members of the platform

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

what each organisation is doing for the achievement of the functions

and objectives of the platform.

(2) When a report is submitted or a suspicion is raised

through monitoring that a specific sport event or result has been

manipulated or that there is corruption in a specific sport, the

members shall meet by not later than four (4) days from the date of

when a report is submitted or when a suspicion was raised through

the aforementioned monitoring.

An annual report for the previous year shall be compiled

and presented to the House as well as published with the aim of

making available to the public the milestones reached by the

platform, by not later than June of the year when the report is

presented.

The platform may organise a national general assembly

and a national forum relating to the national strategy in order to

present its achievements to the national federations and associations.

The said national general assembly and national forum shall serve as

raising awareness about the platform and its role in sport.

(1)

The platform shall have an interactive website

which shall primarily receive any information relating to

manipulation of sports results and corruption in sport.

(2) There shall be an administrator of the platform whose

role shall be that of

(a)

alerting all members of the platform

when any information relating to a suspicion or

investigation is submitted on the interactive website and

(b)

immediately organising the members’

meeting.

(3) The administrator of the platform shall also organise all

meetings contemplated in these regulations as well as keep in an

organised manner all information submitted to the platform.

The platform shall receive all information from its

members as well as from interested third parties with whom it has

formal sharing of information agreements. The said information shall

be analysed by the administrator and sent to all the members of the

platform.

(1) Nothing in these regulations shall prejudice the

applicability of Regulation (EU) 2016/679, the provisions of the Data

Protection Act and the regulations made thereunder and the

fundamental rights and freedoms of the data subjects.

(2)

The platform and the administrator acting in their

CORRUPTION IN SPORT (POWERS AND OBLIGATIONS)

capacity of controllers in accordance with the provisions of Article

4(7) of Regulation (EU) 2016/679 shall perform the relevant data

processing operations which are limited to the extent necessary and

proportionate to the objectives pursued by the platform.

All administrative expenses of the platform shall be

equally absorbed by its members.