Anti-Doping Convention

Transcription

1 Europen Trety Series - No. 135 Anti-Doping Convention Strsourg, 16.XI.1989 Premle The memer Sttes of the Counil of Europe, the other Sttes prty to the Europen Culturl Convention, nd other Sttes, signtory hereto, Considering tht the im of the Counil of Europe is to hieve greter unity etween its memers for the purpose of sfegurding nd relising the idels nd priniples whih re their ommon heritge nd filitting their eonomi nd soil progress; Consious tht sport should ply n importnt role in the protetion of helth, in morl nd physil edution nd in promoting interntionl understnding; Conerned y the growing use of doping gents nd methods y sportsmen nd sportswomen throughout sport nd the onsequenes thereof for the helth of prtiipnts nd the future of sport; Mindful tht this prolem puts t risk the ethil priniples nd edutionl vlues emodied in the Olympi Chrter, in the Interntionl Chrter for Sport nd Physil Edution of Uneso nd in Resolution (76) 41 of the Committee of Ministers of the Counil of Europe, known s the "Europen Sport for All Chrter"; Bering in mind the nti-doping regultions, poliies nd delrtions dopted y the interntionl sports orgnistions; Awre tht puli uthorities nd the voluntry sports orgnistions hve omplementry responsiilities to omt doping in sport, notly to ensure the proper ondut, on the sis of the priniple of fir ply, of sports events nd to protet the helth of those tht tke prt in them; Reognising tht these uthorities nd orgnistions must work together for these purposes t ll pproprite levels; Relling the resolutions on doping dopted y the Conferene of Europen Ministers responsile for Sport, nd in prtiulr Resolution No. 1 dopted t the 6th Conferene t Reykjvik in 1989; Relling tht the Committee of Ministers of the Counil of Europe hs lredy dopted Resolution (67) 12 on the doping of thletes, Reommendtion No. R (79) 8 on doping in sport, Reommendtion No. R (84) 19 on the "Europen Anti-doping Chrter for Sport", nd Reommendtion No. R (88) 12 on the institution of doping ontrols without wrning outside ompetitions;

2 Relling Reommendtion No. 5 on doping dopted y the 2nd Interntionl Conferene of Ministers nd Senior Offiils responsile for Sport nd Physil Edution orgnised y Uneso t Mosow (1988); Determined however to tke further nd stronger o-opertive tion imed t the redution nd eventul elimintion of doping in sport using s sis the ethil vlues nd prtil mesures ontined in those instruments, Hve greed s follows: Artile 1 Aim of the Convention The Prties, with view to the redution nd eventul elimintion of doping in sport, undertke, within the limits of their respetive onstitutionl provisions, to tke the steps neessry to pply the provisions of this Convention. Artile 2 Definition nd sope of the Convention 1 For the purposes of this Convention: "doping in sport" mens the dministrtion to sportsmen or sportswomen, or the use y them, of phrmologil lsses of doping gents or doping methods; "phrmologil lsses of doping gents or doping methods" mens, sujet to prgrph 2 elow, those lsses of doping gents or doping methods nned y the relevnt interntionl sports orgnistions nd ppering in lists tht hve een pproved y the monitoring group under the terms of Artile 11.1.; "sportsmen nd sportswomen" mens those persons who prtiipte regulrly in orgnised sports tivities. 2 Until suh time s list of nned phrmologil lsses of doping gents nd doping methods is pproved y the monitoring group under the terms of Artile 11.1., the referene list in the ppendix to this Convention shll pply. Artile 3 Domesti o-ordintion 1 The Prties shll o-ordinte the poliies nd tions of their government deprtments nd other puli genies onerned with omting doping in sport. 2 They shll ensure tht there is prtil pplition of this Convention, nd in prtiulr tht the requirements under Artile 7 re met, y entrusting, where pproprite, the implementtion of some of the provisions of this Convention to designted governmentl or non-governmentl sports uthority or to sports orgnistion. Artile 4 Mesures to restrit the vilility nd use of nned doping gents nd methods 1 The Prties shll dopt where pproprite legisltion, regultions or dministrtive mesures to restrit the vilility (inluding provisions to ontrol movement, possession, importtion, distriution nd sle) s well s the use in sport of nned doping gents nd doping methods nd in prtiulr noli steroids. 2 To this end, the Prties or, where pproprite, the relevnt non-governmentl orgnistions shll mke it riterion for the grnt of puli susidies to sports orgnistions tht they effetively pply nti-doping regultions. 2

3 3 Furthermore, the Prties shll: d ssist their sports orgnistions to finne doping ontrols nd nlyses, either y diret susidies or grnts, or y reognising the osts of suh ontrols nd nlyses when determining the overll susidies or grnts to e wrded to those orgnistions; tke pproprite steps to withhold the grnt of susidies from puli funds, for trining purposes, to individul sportsmen nd sportswomen who hve een suspended following doping offene in sport, during the period of their suspension; enourge nd, where pproprite, filitte the rrying out y their sports orgnistions of the doping ontrols required y the ompetent interntionl sports orgnistions whether during or outside ompetitions; nd enourge nd filitte the negotition y sports orgnistions of greements permitting their memers to e tested y duly uthorised doping ontrol tems in other ountries. 4 Prties reserve the right to dopt nti-doping regultions nd to orgnise doping ontrols on their own inititive nd on their own responsiility, provided tht they re omptile with the relevnt priniples of this Convention. Artile 5 Lortories 1 Eh Prty undertkes: either to estlish or filitte the estlishment on its territory of one or more doping ontrol lortories suitle for onsidertion for redittion under the riteri dopted y the relevnt interntionl sports orgnistions nd pproved y the monitoring group under the terms of Artile 11.1.; or to ssist its sports orgnistions to gin ess to suh lortory on the territory of nother Prty. 2 These lortories shll e enourged to: tke pproprite tion to employ nd retin, trin nd retrin qulified stff; undertke pproprite progrmmes of reserh nd development into doping gents nd methods used, or thought to e used, for the purposes of doping in sport nd into nlytil iohemistry nd phrmology with view to otining etter understnding of the effets of vrious sustnes upon the humn ody nd their onsequenes for thleti performne; pulish nd irulte promptly new dt from their reserh. Artile 6 Edution 1 The Prties undertke to devise nd implement, where pproprite in o-opertion with the sports orgnistions onerned nd the mss medi, edutionl progrmmes nd informtion mpigns emphsising the dngers to helth inherent in doping nd its hrm to the ethil vlues of sport. Suh progrmmes nd mpigns shll e direted t oth young people in shools nd sports lus nd their prents nd t dult sportsmen nd sportswomen, sports offiils, ohes nd triners. For those involved in mediine, suh edutionl progrmmes will emphsise respet for medil ethis. 3

4 2 The Prties undertke to enourge nd promote reserh, in o-opertion with the regionl, ntionl nd interntionl sports orgnistions onerned, into wys nd mens of devising sientifilly-sed physiologil nd psyhologil trining progrmmes tht respet the integrity of the humn person. Artile 7 Co-opertion with sports orgnistions on mesures to e tken y them 1 The Prties undertke to enourge their sports orgnistions nd through them the interntionl sports orgnistions to formulte nd pply ll pproprite mesures, flling within their ompetene, ginst doping in sport. 2 To this end, they shll enourge their sports orgnistions to lrify nd hrmonise their respetive rights, oligtions nd duties, in prtiulr y hrmonising their: d nti-doping regultions on the sis of the regultions greed y the relevnt interntionl sports orgnistions; lists of nned phrmologil lsses of doping gents nd nned doping methods on the sis of the lists greed y the relevnt interntionl sports orgnistions; doping ontrol proedures; disiplinry proedures, pplying greed interntionl priniples of nturl justie nd ensuring respet for the fundmentl rights of suspeted sportsmen nd sportswomen; these priniples will inlude: i ii iii the reporting nd disiplinry odies to e distint from one nother; the right of suh persons to fir hering nd to e ssisted or represented; ler nd enforele provisions for ppeling ginst ny judgment mde; e f proedures for the imposition of effetive penlties for offiils, dotors, veterinry dotors, ohes, physiotherpists nd other offiils or essories ssoited with infringements of the nti-doping regultions y sportsmen nd sportswomen; proedures for the mutul reognition of suspensions nd other penlties imposed y other sports orgnistions in the sme or other ountries. 3 Moreover, the Prties shll enourge their sports orgnistions: to introdue, on n effetive sle, doping ontrols not only t, ut lso without dvne wrning t ny pproprite time outside, ompetitions, suh ontrols to e onduted in wy whih is equitle for ll sportsmen nd sportswomen nd whih inlude testing nd retesting of persons seleted, where pproprite, on rndom sis; to negotite greements with sports orgnistions of other ountries permitting sportsmn or sportswomn trining in nother ountry to e tested y duly uthorised doping ontrol tem of tht ountry; to lrify nd hrmonise regultions on eligiility to tke prt in sports events whih will inlude nti-doping riteri; 4

5 d e f to promote tive prtiiption y sportsmen nd sportswomen themselves in the ntidoping work of interntionl sports orgnistions; to mke full nd effiient use of the filities ville for doping nlysis t the lortories provided for y Artile 5, oth during nd outside sports ompetitions; to study sientifi trining methods nd to devise guidelines to protet sportsmen nd sportswomen of ll ges pproprite for eh sport. Artile 8 Interntionl o-opertion 1 The Prties shll o-operte losely on the mtters overed y this Convention nd shll enourge similr o-opertion mongst their sports orgnistions. 2 The Prties undertke: to enourge their sports orgnistions to operte in mnner tht promotes pplition of the provisions of this Convention within ll the pproprite interntionl sports orgnistions to whih they re ffilited, inluding the refusl to rtify lims for world or regionl reords unless ompnied y n uthentited negtive doping ontrol report; to promote o-opertion etween the stffs of their doping ontrol lortories estlished or operting in pursune of Artile 5; nd to initite ilterl nd multilterl o-opertion etween their pproprite genies, uthorities nd orgnistions in order to hieve, t the interntionl level s well, the purposes set out in Artile The Prties with lortories estlished or operting in pursune of Artile 5 undertke to ssist other Prties to enle them to quire the experiene, skills nd tehniques neessry to estlish their own lortories. Artile 9 Provision of informtion Eh Prty shll forwrd to the Seretry Generl of the Counil of Europe, in one of the offiil lnguges of the Counil of Europe, ll relevnt informtion onerning legisltive nd other mesures tken y it for the purpose of omplying with the terms of this Convention. Artile 10 Monitoring group 1 For the purposes of this Convention, monitoring group is herey set up. 2 Any Prty my e represented on the monitoring group y one or more delegtes. Eh Prty shll hve one vote. 3 Any Stte mentioned in Artile 14.1 whih is not Prty to this Convention my e represented on the monitoring group y n oserver. 4 The monitoring group my, y unnimous deision, invite ny non-memer Stte of the Counil of Europe whih is not Prty to the Convention nd ny sports or other professionl orgnistion onerned to e represented y n oserver t one or more of its meetings. 5 The monitoring group shll e onvened y the Seretry Generl. Its first meeting shll e held s soon s resonly prtile, nd in ny se within one yer fter the dte of the entry into fore of the Convention. It shll susequently meet whenever neessry, on the inititive of the Seretry Generl or Prty. 5

6 6 A mjority of the Prties shll onstitute quorum for holding meeting of the monitoring group. 7 The monitoring group shll meet in privte. 8 Sujet to the provisions of this Convention, the monitoring group shll drw up nd dopt y onsensus its own Rules of Proedure. Artile 11 1 The monitoring group shll monitor the pplition of this Convention. It my in prtiulr: d e f g keep under review the provisions of this Convention nd exmine ny modifitions neessry; pprove the list, nd ny revision thereto, of phrmologil lsses of doping gents nd doping methods nned y the relevnt interntionl sports orgnistions, referred to in Artiles 2.1 nd 2.2, nd the riteri for redittion of lortories, nd ny revision thereto, dopted y the sid orgnistions, referred to in Artile 5.1., nd fix the dte for the relevnt deisions to enter into fore; hold onsulttions with relevnt sports orgnistions; mke reommendtions to the Prties onerning mesures to e tken for the purposes of this Convention; reommend the pproprite mesures to keep relevnt interntionl orgnistions nd the puli informed out the tivities undertken within the frmework of this Convention; mke reommendtions to the Committee of Ministers onerning non-memer Sttes of the Counil of Europe to e invited to ede to this Convention; mke ny proposl for improving the effetiveness of this Convention. 2 In order to dishrge its funtions, the monitoring group my, on its own inititive, rrnge for meetings of groups of experts. Artile 12 After eh meeting, the monitoring group shll forwrd to the Committee of Ministers of the Counil of Europe report on its work nd on the funtioning of the Convention. Artile 13 Amendments to the Artiles of the Convention 1 Amendments to the rtiles of this Convention my e proposed y Prty, the Committee of Ministers of the Counil of Europe or the monitoring group. 2 Any proposl for mendment shll e ommunited y the Seretry Generl of the Counil of Europe to the Sttes mentioned in Artile 14 nd to every Stte whih hs eded to or hs een invited to ede to this Convention in ordne with the provisions of Artile Any mendment proposed y Prty or the Committee of Ministers shll e ommunited to the monitoring group t lest two months efore the meeting t whih it is to e onsidered. The monitoring group shll sumit to the Committee of Ministers its opinion on the proposed mendment, where pproprite fter onsulttion with the relevnt sports orgnistions. 6

7 4 The Committee of Ministers shll onsider the proposed mendment nd ny opinion sumitted y the monitoring group nd my dopt the mendment. 5 The text of ny mendment dopted y the Committee of Ministers in ordne with prgrph 4 of this rtile shll e forwrded to the Prties for eptne. 6 Any mendment dopted in ordne with prgrph 4 of this rtile shll ome into fore on the first dy of the month following the expirtion of period of one month fter ll Prties hve informed the Seretry Generl of their eptne thereof. Finl luses Artile 14 1 This Convention shll e open for signture y memer Sttes of the Counil of Europe, other Sttes prty to the Europen Culturl Convention nd non-memer Sttes whih hve prtiipted in the elortion of this Convention, whih my express their onsent to e ound y: signture without reservtion s to rtifition, eptne or pprovl, or signture sujet to rtifition, eptne or pprovl, followed y rtifition, eptne or pprovl. 2 Instruments of rtifition, eptne or pprovl shll e desposited with the Seretry Generl of the Counil of Europe. Artile 15 1 The Convention shll enter into fore on the first dy of the month following the expirtion of period of one month fter the dte on whih five Sttes, inluding t lest four memer Sttes of the Counil of Europe, hve expressed their onsent to e ound y the Convention in ordne with the provisions of Artile In respet of ny signtory Stte whih susequently expresses its onsent to e ound y it, the Convention shll enter into fore on the first dy of the month following the expirtion of period of one month fter the dte of signture or of the deposit of the instrument of rtifition, eptne or pprovl. Artile 16 1 After the entry into fore of this Convention, the Committee of Ministers of the Counil of Europe, fter onsulting the Prties, my invite to ede to the Convention ny non-memer Stte y deision tken y the mjority provided for in Artile 20.d of the Sttute of the Counil of Europe nd y the unnimous vote of the representtives of the Contrting Sttes entitled to sit on the Committee. 2 In respet of ny eding Stte, the Convention shll enter into fore on the first dy of the month following the expirtion of period of one month fter the dte of the deposit of the instrument of ession with the Seretry Generl of the Counil of Europe. 7

8 Artile 17 1 Any Stte my, t the time of signture or when depositing its instrument of rtifition, eptne, pprovl or ession, speify the territory or territories to whih this Convention shll pply. 2 Any Stte my, t ny lter dte, y delrtion ddressed to the Seretry Generl, extend the pplition of this Convention to ny other territory speified in the delrtion. In respet of suh territory the Convention shll enter into fore on the first dy of the month following the expirtion of period of one month fter the dte of reeipt of suh delrtion y the Seretry Generl. 3 Any delrtion mde under the two preeding prgrphs my, in respet of ny territory mentioned in suh delrtion, e withdrwn y notifition ddressed to the Seretry Generl. Suh withdrwl shll eome effetive on the first dy of the month following the expirtion of period of six months fter the dte of reeipt of the notifition y the Seretry Generl. Artile 18 1 Any Prty my, t ny time, denoune this Convention y mens of notifition ddressed to the Seretry Generl of the Counil of Europe. 2 Suh denunition shll eome effetive on the first dy of the month following the expirtion of period of six months fter the dte of reeipt of the notifition y the Seretry Generl. Artile 19 The Seretry Generl of the Counil of Europe shll notify the Prties, the other memer Sttes of the Counil of Europe, the other Sttes prty to the Europen Culturl Convention, the non-memer Sttes whih hve prtiipted in the elortion of this Convention nd ny Stte whih hs eded or hs een invited to ede to it of: ny signture in ordne with Artile 14; the deposit of ny instrument of rtifition, eptne, pprovl or ession in ordne with Artile 14 or 16; ny dte of entry into fore of this Convention in ordne with Artiles 15 nd 16; d ny informtion forwrded under the provisions of Artile 9; e ny report prepred in pursune of the provisions of Artile 12; f ny proposl for mendment or ny mendment dopted in ordne with Artile 13 nd the dte on whih the mendment omes into fore; g ny delrtion mde under the provisions of Artile 17; h i ny notifition mde under the provisions of Artile 18 nd the dte on whih the denunition tkes effet; ny other t, notifition or ommunition relting to this Convention. 8

9 In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Convention. Done t Strsourg, the 16th dy of Novemer 1989, in English nd Frenh, oth texts eing eqully uthenti, in single opy whih shll e deposited in the rhives of the Counil of Europe. The Seretry Generl of the Counil of Europe shll trnsmit ertified opies to eh memer Stte of the Counil of Europe, to the other Sttes prty to the Europen Culturl Convention, to the non-memer Sttes whih hve prtiipted in the elortion of this Convention nd to ny Stte invited to ede to it. 9