Anti-doping Convention [*]
Done at: Strasbourg
Date enacted: 1989-11-16
In force: 1990-03-01
Preamble
The member States of the Council of Europe, the other States party to the European Cultural Convention, and other States, signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and facilitating their economic and social progress;
Conscious that sport should play an important role in the protection of health, in moral and physical education and in promoting international understanding;
Concerned by the growing use of doping agents and methods by sportsmen and sportswomen throughout sport and the consequences thereof for the health of participants and the future of sport;
Mindful that this problem puts at risk the ethical principles and educational values embodied in the Olympic Charter, in the International Charter for Sport and Physical Education of Unesco and in Resolution (76) 41 of the Committee of Ministers of the Council of Europe, known as the "European Sport for All Charter";
Bearing in mind the anti-doping regulations, policies and declarations adopted by the international sports organisations;
Aware that public authorities and the voluntary sports organisations have complementary responsibilities to combat doping in sport, notably to ensure the proper conduct, on the basis of the principle of fair play, of sports events and to protect the health of those that take part in them;
Recognising that these authorities and organisations must work together for these purposes at all appropriate levels;
Recalling the resolutions on doping adopted by the Conference of European Ministers responsible for Sport, and in particular Resolution No. 1 adopted at the 6th Conference at Reykjavik in 1989;
Recalling that the Committee of Ministers of the Council of Europe has already adopted Resolution (67) 12 on the doping of athletes, Recommendation No. R (79) 8 on doping in sport, Recommendation No. R (84) 19 on the "European Anti-doping Charter for Sport", and Recommendation No. R (88) 12 on the institution of doping controls without warning outside competitions;
Recalling Recommendation No. 5 on doping adopted by the 2nd International Conference of Ministers and Senior Officials responsible for Sport and Physical Education organised by Unesco at Moscow (1988);
Determined however to take further and stronger co-operative action aimed at the reduction and eventual elimination of doping in sport using as a basis the ethical values and practical measures contained in those instruments,
Have agreed as follows:
Article 1
Aim of the Convention
The Parties, with a view to the reduction and eventual elimination of doping in sport, undertake, within the limits of their respective constitutional provisions, to take the steps necessary to apply the provisions of this Convention.
Article 2
Definition and scope of the Convention
1. |
For the purposes of this Convention:
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2. |
Until such time as a list of banned pharmacological classes of doping agents and doping methods is approved by the monitoring group under the terms of Article 11.1.b, the reference list in the appendix to this Convention shall apply. |
Article 3
Domestic co-ordination
1. |
The Parties shall co-ordinate the policies and actions of their government departments and other public agencies concerned with combating doping in sport. |
2. |
They shall ensure that there is practical application of this Convention, and in particular that the requirements under Article 7 are met, by entrusting, where appropriate, the implementation of some of the provisions of this Convention to a designated governmental or non-governmental sports authority or to a sports organisation. |
Article 4
Measures to restrict the availability and use of banned doping agents and methods
1. |
The Parties shall adopt where appropriate legislation, regulations or administrative measures to restrict the availability (including provisions to control movement, possession, importation, distribution and sale) as well as the use in sport of banned doping agents and doping methods and in particular anabolic steroids. |
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2. |
To this end, the Parties or, where appropriate, the relevant non-governmental organisations shall make it a criterion for the grant of public subsidies to sports organisations that they effectively apply anti-doping regulations. |
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3. |
Furthermore, the Parties shall:
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4. |
Parties reserve the right to adopt anti-doping regulations and to organise doping controls on their own initiative and on their own responsibility, provided that they are compatible with the relevant principles of this Convention. |
Article 5
Laboratories
1. |
Each Party undertakes:
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2. |
These laboratories shall be encouraged to:
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Article 6
Education
1. |
The Parties undertake to devise and implement, where appropriate in co-operation with the sports organisations concerned and the mass media, educational programmes and information campaigns emphasising the dangers to health inherent in doping and its harm to the ethical values of sport. Such programmes and campaigns shall be directed at both young people in schools and sports clubs and their parents and at adult sportsmen and sportswomen, sports officials, coaches and trainers. For those involved in medicine, such educational programmes will emphasise respect for medical ethics. |
2. |
The Parties undertake to encourage and promote research, in co-operation with the regional, national and international sports organisations concerned, into ways and means of devising scientifically-based physiological and psychological training programmes that respect the integrity of the human person. |
Article 7
Co-operation with sports organisations on measures to be taken by them
1. |
The Parties undertake to encourage their sports organisations and through them the international sports organisations to formulate and apply all appropriate measures, falling within their competence, against doping in sport. |
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2. |
To this end, they shall encourage their sports organisations to clarify and harmonise their respective rights, obligations and duties, in particular by harmonising their:
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3. |
Moreover, the Parties shall encourage their sports organisations:
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Article 8
International co-operation
1. |
The Parties shall co-operate closely on the matters covered by this Convention and shall encourage similar co-operation amongst their sports organisations. |
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2. |
The Parties undertake:
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3. |
The Parties with laboratories established or operating in pursuance of Article 5 undertake to assist other Parties to enable them to acquire the experience, skills and techniques necessary to establish their own laboratories. |
Article 9
Provision of information
Each Party shall forward to the Secretary General of the Council of Europe, in one of the official languages of the Council of Europe, all relevant information concerning legislative and other measures taken by it for the purpose of complying with the terms of this Convention.
Article 10
Monitoring group
1. |
For the purposes of this Convention, a monitoring group is hereby set up. |
2. |
Any Party may be represented on the monitoring group by one or more delegates. Each Party shall have one vote. |
3. |
Any State mentioned in Article 14.1 which is not a Party to this Convention may be represented on the monitoring group by an observer. |
4. |
The monitoring group may, by unanimous decision, invite any non-member State of the Council of Europe which is not a Party to the Convention and any sports or other professional organisation concerned to be represented by an observer at one or more of its meetings. |
5. |
The monitoring group shall be convened by the Secretary General. Its first meeting shall be held as soon as reasonably practicable, and in any case within one year after the date of the entry into force of the Convention. It shall subsequently meet whenever necessary, on the initiative of the Secretary General or a Party. |
6. |
A majority of the Parties shall constitute a quorum for holding a meeting of the monitoring group. |
7. |
The monitoring group shall meet in private. |
8. |
Subject to the provisions of this Convention, the monitoring group shall draw up and adopt by consensus its own Rules of Procedure. |
Article 11
1. |
The monitoring group shall monitor the application of this Convention. It may in particular:
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2. |
In order to discharge its functions, the monitoring group may, on its own initiative, arrange for meetings of groups of experts. |
Article 12
After each meeting, the monitoring group shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.
Article 13
Amendments to the Articles of the Convention
1. |
Amendments to the articles of this Convention may be proposed by a Party, the Committee of Ministers of the Council of Europe or the monitoring group. |
2. |
Any proposal for amendment shall be communicated by the Secretary General of the Council of Europe to the States mentioned in Article 14 and to every State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of Article 16. |
3. |
Any amendment proposed by a Party or the Committee of Ministers shall be communicated to the monitoring group at least two months before the meeting at which it is to be considered. The monitoring group shall submit to the Committee of Ministers its opinion on the proposed amendment, where appropriate after consultation with the relevant sports organisations. |
4. |
The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the monitoring group and may adopt the amendment. |
5. |
The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 4 of this article shall be forwarded to the Parties for acceptance. |
6. |
Any amendment adopted in accordance with paragraph 4 of this article shall come into force on the first day of the month following the expiration of a period of one month after all Parties have informed the Secretary General of their acceptance thereof. |
Final clauses
Article 14
1. |
This Convention shall be open for signature by member States of the Council of Europe, other States party to the European Cultural Convention and non-member States which have participated in the elaboration of this Convention, which may express their consent to be bound by:
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2. |
Instruments of ratification, acceptance or approval shall be desposited with the Secretary General of the Council of Europe. |
Article 15
1. |
The Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date on which five States, including at least four member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of Article 14. |
2. |
In respect of any signatory State which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or of the deposit of the instrument of ratification, acceptance or approval. |
Article 16
1. |
After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties, may invite to accede to the Convention any non-member State by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee. |
2. |
In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe. |
Article 17
1. |
Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. |
2. |
Any State may, at any later date, by a declaration addressed to the Secretary General, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date of receipt of such declaration by the Secretary General. |
3. |
Any declaration made under the two preceding paragraphs may, in respect of any territory mentioned in such declaration, be withdrawn by a notification addressed to the Secretary General. Such withdrawal shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General. |
Article 18
1. |
Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe. |
2. |
Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General. |
Article 19
The Secretary General of the Council of Europe shall notify the Parties, the other member States of the Council of Europe, the other States party to the European Cultural Convention, the non-member States which have participated in the elaboration of this Convention and any State which has acceded or has been invited to accede to it of:
a. |
any signature in accordance with Article 14; |
b. |
the deposit of any instrument of ratification, acceptance, approval or accession in accordance with Article 14 or 16; |
c. |
any date of entry into force of this Convention in accordance with Articles 15 and 16; |
d. |
any information forwarded under the provisions of Article 9; |
e. |
any report prepared in pursuance of the provisions of Article 12; |
f. |
any proposal for amendment or any amendment adopted in accordance with Article 13 and the date on which the amendment comes into force; |
g. |
any declaration made under the provisions of Article 17; |
h. |
any notification made under the provisions of Article 18 and the date on which the denunciation takes effect; |
i. |
any other act, notification or communication relating to this Convention. |
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Strasbourg, the 16th day of November 1989, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the other States party to the European Cultural Convention, to the non-member States which have participated in the elaboration of this Convention and to any State invited to accede to it.
Annex to the Anti-doping Convention
Substances and methods prohibited at all times (in- and out-of-competition)
Prohibited substances
[Omitted]
Prohibited methods
[Omitted]
Substances and methods prohibited in-competition
In addition to the categories S1 to S5 and M1 to M3 defined above, the following categories are prohibited in competition:
Prohibited substances
[Omitted]
Susbstances prohibited in particular sports
[Omitted]
Specified substances
[Omitted]
Ratifications as of May 2016
Number of ratifications: 52
Albania, Andorra, Armenia, Austria, Australia, Azerbaijan, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Morocco, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Tunisia, Turkey, Ukraine, United Kingdom
[*] |
Annex approved 2007-11-12, in force 2008-01-01; 2014-11-05, in force 2015-01-01; and 2015-12-09, in force 01-01-2016. Previously amended 1990-09-01, 1992-01-24, 1993-08-01, 1996-07-01, 1997-07-01, 1998-03-15, 1999-03-15, 2000-03-31, 2001-09-01, 2003-01-01, 2004-01-01, 2005-01-01, 2006-01-01 and 2007-01-01. Supplemented by an Additional Protocol on mutual recognition of doping controls adopted 2002-09-12 and in force 2004-04-01. |