Internationaal Verdrag tegen doping in de sport
The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as UNESCO, meeting in Paris from 3 to 21 October 2005, at its 33rd session,
Considering that the aim of UNESCO is to contribute to peace and security by promoting collaboration among nations through education, science and culture,
Referring to existing international instruments relating to human rights,
Aware of resolution 58/5 adopted by the General Assembly of the United Nations on 3 November 2003, concerning sport as a means to promote education, health, development and peace, notably its paragraph 7,
Conscious that sport should play an important role in the protection of health, in moral, cultural and physical education and in promoting international understanding and peace,
Noting the need to encourage and coordinate international cooperation towards the elimination of doping in sport,
Concerned by the use of doping by athletes in sport and the consequences thereof for their health, the principle of fair play, the elimination of cheating and the future of sport,
Mindful that doping puts at risk the ethical principles and educational values embodied in the International Charter of Physical Education and Sport of UNESCO and in the Olympic Charter,
Recalling that the Anti-Doping Convention and its Additional Protocol adopted within the framework of the Council of Europe are the public international law tools, which are at the origin of national anti-doping policies and of intergovernmental cooperation,
Recalling the Recommendations on doping adopted by the second, third and fourth International Conferences of Ministers and Senior Officials responsible for Physical Education and Sport organized by UNESCO at Moscow (1988), Punta del Este (1999) and Athens (2004) and 32 C/Resolution 9 adopted by the General Conference of UNESCO at its 32nd session (2003),
Bearing in mind the World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on Doping in Sport, Copenhagen, 5 March 2003 and the Copenhagen Declaration on Anti-Doping in Sport,
Mindful also of the influence that elite athletes have on youth,
Aware of the ongoing need to conduct and promote research with the objectives of improving detection of doping and better understanding of the factors affecting use in order for prevention strategies to be most effective,
Aware also of the importance of ongoing education of athletes, athlete support personnel and the community at large in preventing doping,
Mindful of the need to build the capacity of States Parties to implement anti-doping programmes,
Aware that public authorities and the organizations responsible for sport have complementary responsibilities to prevent and 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,
Recognizing that these authorities and organizations must work together for these purposes ensuring the highest degree of independence and transparency at all appropriate levels,
Determined to take further and stronger cooperative action aimed at the elimination of doping in sport,
Recognizing that the elimination of doping in sport is dependent in part upon progressive harmonization of anti-doping standards and practices in sport and cooperation at the national and global levels,
Adopts this Convention on this nineteenth day of October 2005.
Article 1. Purpose of the Convention
The purpose of this Convention, within the framework of the strategy and programme of activities of UNESCO in the area of physical education and sport, is to promote the prevention of and the fight against doping in sport, with a view to its elimination.
Article 2. Definitions
These definitions are to be understood within the context of the World Anti-Doping Code. However, in case of conflict the provisions of the Convention will prevail.
For the purposes of this Convention:
“Accredited doping control laboratories” means laboratories accredited by the World Anti-Doping Agency.
“Anti-doping organization” means an entity that is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other major event organizations that conduct testing at their events, the World Anti-Doping Agency, international federations, and national anti-doping organizations.
“Anti-doping rule violation” in sport means one or more of the following:
the presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen;
use or attempted use of a prohibited substance or a prohibited method;
refusing, or failing without compelling justification, to submit to sample collection after notification as authorized in applicable anti-doping rules or otherwise evading sample collection;
violation of applicable requirements regarding athlete availability for out-of-competition testing including failure to provide required whereabouts information and missed tests which are declared based on reasonable rules;
tampering, or attempting to tamper, with any part of doping control;
possession of prohibited substances or methods;
trafficking in any prohibited substance or prohibited method;
administration or attempted administration of a prohibited substance or prohibited method to any athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation.
“Athlete” means, for the purposes of doping control, any person who participates in sport at the international or national level as defined by each national anti-doping organization and accepted by States Parties and any additional person who participates in a sport or event at a lower level accepted by States Parties. For the purposes of education and training programmes, “athlete” means any person who participates in sport under the authority of a sports organization.
“Athlete support personnel” means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel working with or treating athletes participating in or preparing for sports competition.
“Code” means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen which is attached as Appendix 1 to this Convention.
“Competition” means a single race, match, game or singular athletic contest.
“Doping control” means the process including test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals.
“Doping in sport” means the occurrence of an anti-doping rule violation
“Duly authorized doping control teams” means doping control teams operating under the authority of international or national anti-doping organizations.
“In-competition” testing means, for purposes of differentiating between in-competition and out-of-competition testing, unless provided otherwise in the rules of an international federation or other relevant anti-doping organization, a test where an athlete is selected for testing in connection with a specific competition.
“International Standard for Laboratories” means the standard which is attached as Appendix 2 to this Convention
“International Standard for Testing” means the standard which is attached as Appendix 3 to this Convention.
“No advance notice” means a doping control which takes place with no advance warning to the athlete and where the athlete is continuously chaperoned from the moment of notification through sample provision.
“Olympic Movement” means all those who agree to be guided by the Olympic Charter and who recognize the authority of the International Olympic Committee, namely: the international federations of sports on the programme of the Olympic Games; the National Olympic Committees, the Organizing Committees of the Olympic Games, athletes, judges and referees, associations and clubs, as well as all the organizations and institutions recognized by the International Olympic Committee.
“Out-of-competition” doping control means any doping control which is not conducted in competition.
“Prohibited List” means the list which appears in Annex I to this Convention identifying the prohibited substances and prohibited methods.
“Prohibited method” means any method so described on the Prohibited List, which appears in Annex I to this Convention.
“Prohibited substance” means any substance so described on the Prohibited List, which appears in Annex I to this Convention.
“Sports organization” means any organization that serves as the ruling body for an event for one or several sports.
“Standards for Granting Therapeutic Use Exemptions” means those standards that appear in Annex II to this Convention.
“Testing” means the parts of the doping control process involving test distribution planning, sample collection, sample handling, and sample transport to the laboratory.
“Therapeutic use exemption” means an exemption granted in accordance with Standards for Granting Therapeutic Use Exemptions.
“Use” means the application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method.
“World Anti-Doping Agency (WADA)” means the foundation so named established under Swiss law on 10 November 1999.
adopt appropriate measures at the national and international levels which are consistent with the principles of the Code;
encourage all forms of international cooperation aimed at protecting athletes and ethics in sport, and at sharing the results of research;
foster international cooperation between States Parties and leading organizations in the fight against doping in sport, in particular with the World Anti-Doping Agency.
In order to coordinate the implementation, at the national and international levels, of the fight against doping in sport, States Parties commit themselves to the principles of the Code, as the basis for the measures provided for in Article 5 of this Convention. Nothing in this Convention prevents States Parties from adopting additional measures complementary to the Code.
The Code and the most current version of Appendices 2 and 3 are reproduced for information purposes, and are not an integral part of this Convention. The Appendices as such do not create any binding obligations under international law for States Parties.
The Annexes are an integral part of this Convention.
Article 6. Relationship to other international instruments
This Convention shall not alter the rights and obligations of States Parties which arise from other agreements previously concluded and consistent with the object and purpose of this Convention. This does not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.
Article 7. Domestic coordination
States Parties shall ensure the application of the present Convention, notably through domestic coordination. To meet their obligations under this Convention, States Parties may rely on anti-doping organizations as well as sports authorities and organizations.
States Parties shall, where appropriate, adopt measures to restrict the availability of prohibited substances and methods in order to restrict their use in sport by athletes, unless the use is based upon a therapeutic use exemption. These include measures against trafficking to athletes, and to this end, measures to control production, movement, importation, distribution and sale.
States Parties shall adopt, or encourage, where appropriate, the relevant entities within their jurisdictions to adopt measures to prevent and to restrict the use and possession of prohibited substances and methods by athletes in sport unless the use is based upon a therapeutic use exemption.
No measures taken pursuant to this Convention will impede the availability for legitimate purposes, of substances and methods otherwise prohibited or controlled in sport.
Article 9. Measures against athlete support personnel
States Parties shall themselves take measures or encourage sports organization and anti-doping organizations to adopt measures, including sanctions or penalties, aimed at athlete support personnel who commit an anti-doping rule violation or other offence connected with doping in sport.
Article 10. Nutritional supplements
States Parties, where appropriate, shall encourage producers and distributors of nutritional supplements to establish best practices in the marketing and distribution of nutritional supplements, including information regarding their analytic composition and quality assurance.
provide funding within their respective budgets to support a national testing programme across all sports or assist sports organizations and anti-doping organizations in financing doping controls either by direct subsidies or grants, or by recognizing the costs of such controls when determining the overall subsidies or grants to be awarded to those organizations;
take steps to withhold sport-related financial support to individual athletes or athlete support personnel who have been suspended following an anti-doping rule violation, during the period of their suspension;
withhold some or all financial or other sport-related support from any sports organization or anti-doping organization not in compliance with the Code or applicable anti-doping rules adopted pursuant to the Code.
encourage and facilitate the implementation by the sports organizations and anti-doping organizations within their jurisdiction of doping controls in a manner consistent with the Code including no-advance notice, out-of-competition and in-competition testing;
encourage and facilitate the negotiation by sports organizations and anti-doping organizations of agreements permitting their members to be tested by duly authorized doping control teams from other countries;
undertake to assist the sports organizations and anti-doping organizations within their jurisdiction gaining access to an accredited doping control laboratory for the purposes of doping control analysis.
Article 16. International cooperation in doping control
Recognizing that the fight against doping in sport can only be effective when athletes can be tested with no advance notice and samples can be transported in a timely manner to laboratories for analysis, States Parties shall, where appropriate and in accordance with domestic law and procedures:
facilitate the task of the World Anti-Doping Agency and anti-doping organizations operating in compliance with the Code, subject to relevant host countries’ regulations, of conducting in- or out-of-competition doping controls on their athletes, whether on their territory or elsewhere;
facilitate the timely movement of duly authorized doping control teams across borders when conducting doping control activities;
cooperate to expedite the timely shipping or carrying across borders of samples in such a way as to maintain their security and integrity;
assist in the international coordination of doping controls by various anti-doping organizations, and cooperate to this end with the World Anti-Doping Agency;
promote cooperation between doping control laboratories within their jurisdiction and those within the jurisdiction of other States Parties. In particular, States Parties with accredited doping control laboratories should encourage laboratories within their jurisdiction to assist other States Parties in enabling them to acquire the experience, skills and techniques necessary to establish their own laboratories should they wish to do so;
encourage and support reciprocal testing arrangements between designated anti-doping organizations, in conformity with the Code;
mutually recognize the doping control procedures and test results management, including the sport sanctions thereof, of any anti-doping organization that are consistent with the Code.
A “Fund for the Elimination of Doping in Sport”, hereinafter referred to as “the Voluntary Fund”, is hereby established. The Voluntary Fund shall consist of funds-in-trust established in accordance with the Financial Regulations of UNESCO. All contributions by States Parties and other actors shall be voluntary.
The resources of the Voluntary Fund shall consist of:
contributions made by States Parties;
contributions, gifts or bequests which may be made by:
organizations and programmes of the United Nations system, particularly the United Nations Development Programme, as well as other international organizations;
public or private bodies or individuals;
any interest due on the resources of the Voluntary Fund;
funds raised through collections, and receipts from events organized for the benefit of the Voluntary Fund;
any other resources authorized by the Voluntary Fund’s regulations, to be drawn up by the Conference of Parties.
Contributions into the Voluntary Fund by States Parties shall not be considered to be a replacement for States Parties’ commitment to pay their share of the World Anti-Doping Agency’s annual budget.
Article 18. Use and governance of the Voluntary Fund
Resources in the Voluntary Fund shall be allocated by the Conference of Parties for the financing of activities approved by it, notably to assist States Parties in developing and implementing anti-doping programmes, in accordance with the provisions of this Convention, taking into consideration the goals of the World Anti-Doping Agency, and may serve to cover functioning costs of this Convention. No political, economic or other conditions may be attached to contributions made to the Voluntary Fund.
States Parties shall undertake, within their means, to support, devise or implement education and training programmes on anti-doping. For the sporting community in general, these programmes should aim to provide updated and accurate information on:
the harm of doping to the ethical values of sport;
the health consequences of doping.
For athletes and athlete support personnel, in particular in their initial training, education and training programmes should, in addition to the above, aim to provide updated and accurate information on:
doping control procedures;
athletes’ rights and responsibilities in regard to anti-doping, including information about the Code and the anti-doping policies of the relevant sports and anti-doping organizations. Such information shall include the consequences of committing an anti-doping rule violation;
the list of prohibited substances and methods and therapeutic use exemptions;
Article 20. Professional codes of conduct
States Parties shall encourage relevant competent professional associations and institutions to develop and implement appropriate codes of conduct, good practice and ethics related to anti-doping in sport that are consistent with the Code.
Article 21. Involvement of athletes and athlete support personnel
States Parties shall promote and, within their means, support active participation by athletes and athlete support personnel in all facets of the anti-doping work of sports and other relevant organizations and encourage sports organizations within their jurisdiction to do likewise.
prevention, detection methods, behavioural and social aspects, and the health consequences of doping;
ways and means of devising scientifically-based physiological and psychological training programmes respectful of the integrity of the person;
the use of all emerging substances and methods resulting from scientific developments.
comply with internationally recognized ethical practices;
avoid the administration to athletes of prohibited substances and methods;
be undertaken only with adequate precautions in place to prevent the results of anti-doping research being misused and applied for doping.
Article 26. Sharing the results of anti-doping research
Subject to compliance with applicable national and international law, States Parties shall, where appropriate, share the results of available anti-doping research with other States Parties and the World Anti-Doping Agency.
members of the scientific and medical communities to carry out sport science research in accordance with the principles of the Code;
sports organizations and athlete support personnel within their jurisdiction to implement sport science research that is consistent with the principles of the Code.
A Conference of Parties is hereby established. The Conference of Parties shall be the sovereign body of this Convention.
The Conference of Parties shall meet in ordinary session in principle every two years. It may meet in extraordinary session if it so decides or at the request of at least one third of the States Parties.
Each State Party shall have one vote at the Conference of Parties.
The Conference of Parties shall adopt its own Rules of Procedure.
Article 29. Advisory organization and observers to the Conference of Parties
The World Anti-Doping Agency shall be invited as an advisory organization to the Conference of Parties. The International Olympic Committee, the International Paralympic Committee, the Council of Europe, and the Intergovernmental Committee for Physical Education and Sport (CIGEPS) shall be invited as observers. The Conference of Parties may decide to invite other relevant organizations as observers.
Besides those set forth in other provisions of this Convention, the functions of the Conference of Parties shall be to:
promote the purpose of this Convention;
discuss the relationship with the World Anti-Doping Agency and study the mechanisms of funding of the Agency’s annual core budget. States non-Parties may be invited to the discussion;
adopt a plan for the use of the resources of the Voluntary Fund, in accordance with Article 18;
examine the reports submitted by States Parties in accordance with Article 31;
examine, on an ongoing basis, the monitoring of compliance with this Convention in response to the development of anti-doping systems, in accordance with Article 31. Any monitoring mechanism or measure that goes beyond Article 31 shall be funded through the Voluntary Fund established under Article 17;
examine draft amendments to this Convention for adoption;
examine for approval, in accordance with Article 34 of the Convention, modifications to the Prohibited List and to the Standards for Granting Therapeutic Use Exemptions adopted by the World Anti-Doping Agency;
define and implement cooperation between States Parties and the World Anti-Doping Agency within the framework of this Convention;
request a report from the World Anti-Doping Agency on the implementation of the Code to each of its sessions for examination.
The Conference of Parties, in fulfilling its functions, may cooperate with other intergovernmental bodies.
Article 31. National reports to the Conference of Parties
States Parties shall forward every two years to the Conference of Parties through the Secretariat, in one of the official languages of UNESCO, all relevant information concerning measures taken by them for the purpose of complying with the provisions of this Convention.
The Secretariat of the Conference of Parties shall be provided by the Director-General of UNESCO.
At the request of the Conference of Parties the Director-General of UNESCO shall use to the fullest extent possible the services of the World Anti-Doping Agency on terms agreed upon by the Conference of Parties.
Functioning costs related to the Convention will be funded from the regular budget of UNESCO within existing resources at an appropriate level, the Voluntary Fund established under Article 17 or an appropriate combination thereof as determined every two years. The financing for the Secretariat from the regular budget shall be done on a strictly minimal basis, it being understood that voluntary funding should also be provided to support the Convention.
The Secretariat shall prepare the documentation of the Conference of Parties, as well as the draft agenda of its meetings, and shall ensure the implementation of its decisions.
Each State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, at least one half of the States Parties give their consent, the Director-General shall present such proposals to the following session of the Conference of Parties.
Amendments shall be adopted by the Conference of Parties with a two-thirds majority of States Parties present and voting.
Once adopted, amendments to this Convention shall be submitted for ratification, acceptance, approval or accession to States Parties.
With respect to the States Parties that have ratified, accepted, approved or acceded to them, amendments to this Convention shall enter into force three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the States Parties. Thereafter, for each State Party that ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into force three months after the date of deposit by that State Party of its instrument of ratification, acceptance, approval or accession.
A State that becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention, be considered:
a Party to this Convention as so amended;
a Party to the unamended Convention in relation to any State Party not bound by the amendments.
If the World Anti-Doping Agency modifies the Prohibited List or the Standards for Granting Therapeutic Use Exemptions, it may, by written communication addressed to the Director-General of UNESCO, inform her/him of those changes. The Director-General shall notify such changes as proposed amendments to the relevant Annexes to this Convention to all States Parties expeditiously. Amendments to the Annexes shall be approved by the Conference of Parties either at one of its sessions or through a written consultation.
States Parties have 45 days from the Director-General’s notification within which to express their objection to the proposed amendment either in writing, in case of written consultation, to the Director-General or at a session of the Conference of Parties. Unless two thirds of the States Parties express their objection, the proposed amendment shall be deemed to be approved by the Conference of Parties.
Amendments approved by the Conference of Parties shall be notified to States Parties by the Director-General. They shall enter into force 45 days after that notification, except for any State Party that has previously notified the Director-General that it does not accept these amendments.
A State Party having notified the Director-General that it does not accept an amendment approved according to the preceding paragraphs remains bound by the Annexes as not amended.
With regard to the provisions of this Convention, the implementation of which comes under the legal jurisdiction of the federal or central legislative power, the obligations of the federal or central government shall be the same as for those States Parties which are not federal States;
With regard to the provisions of this Convention, the implementation of which comes under the jurisdiction of individual constituent States, countries, provinces or cantons which are not obliged by the constitutional system of the federation to take legislative measures, the federal government shall inform the competent authorities of such States, countries, provinces or cantons of the said provisions, with its recommendation for their adoption.
Article 36. Ratification, acceptance, approval or accession
This Convention shall be subject to ratification, acceptance, approval or accession by States Members of UNESCO in accordance with their respective constitutional procedures. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General of UNESCO.
This 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 thirtieth instrument of ratification, acceptance, approval or accession.
For any State that 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 the deposit of its instrument of ratification, acceptance, approval or accession.
Any State may, when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories for whose international relations it is responsible and to which this Convention shall apply.
Any State Party may, at any later date, by a declaration addressed to UNESCO, 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 depositary.
Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to UNESCO. Such withdrawal shall become effective on the first day of the month following the expiration of a period of one month after the date of receipt of such a notification by the depositary.
Article 39. Denunciation
Any State Party may denounce this Convention. The denunciation shall be notified by an instrument in writing, deposited with the Director-General of UNESCO. The denunciation shall take effect on the first day of the month following the expiration of a period of six months after the receipt of the instrument of denunciation. It shall in no way affect the financial obligations of the State Party concerned until the date on which the withdrawal takes effect.
Article 40. Depositary
The Director-General of UNESCO shall be the Depositary of this Convention and amendments thereto. As the Depositary, the Director-General of UNESCO shall inform the States Parties to this Convention, as well as the other States Members of the Organization of:
the deposit of any instrument of ratification, acceptance, approval or accession;
the date of entry into force of this Convention in accordance with Article 37;
any report prepared in pursuance of the provisions of Article 31;
any amendment to the Convention or to the Annexes adopted in accordance with Articles 33 and 34 and the date on which the amendment comes into force;
any declaration or notification made under the provisions of Article 38;
any notification made under the provisions of Article 39 and the date on which the denunciation takes effect;
any other act, notification or communication relating to this Convention.
This Convention including its Annexes has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.
The Appendices to this Convention are provided in Arabic, Chinese, English, French, Russian and Spanish.
Article 43. Reservations
No reservations that are incompatible with the object and purpose of the present Convention shall be permitted.
DONE in Paris, this nineteenth day of October 2005, in two authentic copies bearing the signature of the President of the General Conference of UNESCO at its 33rd session and of the Director-General of UNESCO, which shall be deposited in the archives of UNESCO.