Key Benefits:
The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress, etc.
forcefully sanctioned
Law
ARTICLE 1 Approve the international convention against the DOPAJE IN THE DEPORTE, adopted at the 33rd Meeting of the General Conference of the United Nations Educational, Scientific and Cultural Organization .UNESCO., on 19 October 2005, which consists of CUARENTA and TRES (43) articles and DOS (2) annexes, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FIRST DAY OF THE NAME YEAR
_
ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
The General Conference of the United Nations Educational, Scientific and Cultural Organization, henceforth called "UNESCO", at its thirty-third meeting, held in Paris from 3 to 21 October 2005,
Considering that the objective of UNESCO is to contribute to peace and security through the promotion of collaboration among nations through education, science and culture,
Referring to existing international human rights instruments,
Taking into account Resolution 58/5 adopted by the United Nations General Assembly on 3 November 2003 on sport as a means of promoting education, health, development and peace, in particular paragraph 7,
Aware that sport has an important role to play in the protection of health, in moral, cultural and physical education and in the promotion of international understanding and peace,
Noting the need to encourage and coordinate international cooperation for the elimination of doping in sport,
Concerned about the use of doping substances in sporting activities and therefore, health consequences for athletes, the principle of clean play (fair play), the elimination of fraud and the future of sport,
Bearing in mind that doping is a threat to the ethical principles and educational values enshrined in the International Charter of Physical Education and Sport adopted by UNESCO and the Olympic Charter,
Recalling that the Doping Convention and its Additional Protocol adopted under the Council of Europe are the instruments of international public law that have been the source of national policies to combat doping and intergovernmental cooperation,
Recalling the recommendations on doping made by the International Conference of Ministers and Senior Officials in charge of Physical Education and Sport, at its second, third and fourth meetings organized by UNESCO in Moscow (1988), Punta del Este (1999) and Athens (2004), respectively, and Resolution 32 C/9 adopted by the General Conference of UNESCO at its thirty-second meeting (2003),
Bearing in mind the Global Anti-Dropod Code adopted by the World Anti-Dropage Agency at the World Conference on Sport Doping in Copenhagen on 5 March 2003 and the Copenhagen Declaration against Doping in Sport,
Bearing in mind also the prestige among the youth of the high-level athletes,
Mindful of the continuing need to conduct and promote research with a view to improving the detection of doping and better understanding the factors that determine the use of doping substances to make prevention strategies more effective,
Aware also of the importance of the continuing education of athletes, of the support staff for athletes and of society at large in the prevention of doping,
Bearing in mind the need to build capacities in States parties to implement counter-doping programmes,
Recognizing also that it is incumbent upon the public authorities and organizations responsible for sporting activities to follow up obligations in the fight against doping in sport, and in particular to ensure proper conduct in sporting events, on the basis of the principle of clean play (fair play), and on the protection of the health of those involved in them,
Recognizing that such authorities and organizations are to work together for the realization of these objectives, at all appropriate levels, with greater independence and transparency,
Determined to continue to cooperate to take new and even more vigorous action to eliminate doping in sport,
Recognizing that the elimination of doping in sport depends partly on the progressive harmonization, of anti-doping standards and practices in sport and cooperation at the national and global levels,
Adopts the present Convention on 19 October 2005.
I. Scope
Article 1 - Finality of the Convention
The purpose of this Convention, within the framework of the UNESCO strategy and programme of activities in the field of physical education and sport, is to promote the prevention of doping in and combating sport, with a view to its elimination.
Article 2 - Definitions
Definitions must be understood in the context of the Global Anti-Dropod Code. However, in the event of a conflict between definitions, that of the Convention would prevail.
For the purposes of this Convention:
1. The "accredited doping control laboratories" are the laboratories accredited by the World Antidoping Agency.
2. An "anti-doping organization" is an entity responsible for adopting rules to initiate, implement or enforce any part of the anti-doping process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other organizations responsible for major sporting events that carry out controls at events of which they are responsible, the World Antidoping Agency, international federations and national antidoping organizations.
3. The expression "infraction of antidoping rules" in sport refers to one or more of the following infractions:
(a) the presence of a prohibited substance or its metabolites or markers in the physical samples of a sportsman;
(b) the use or attempt to use a prohibited substance or a prohibited method;
(c) To refuse or not to submit, without valid justification, a collection of samples after a notification made in accordance with applicable anti-doping standards, or to avoid collection of samples in any other way;
(d) The violation of the requirements regarding the availability of the athlete for the conduct of controls outside the competition, including the failure to provide information on his whereabouts, as well as not to submit to controls deemed to be governed by reasonable standards;
(e) Forgery or attempted forgery of any element of the anti-doping control process;
(f) possession of prohibited substances or methods;
(g) traffic in any prohibited substance or prohibited method;
(h) the administration or attempted administration of a prohibited substance or prohibited method of sportsman, or assistance, incitement, contribution, instigation, concealment or any other type of complicity in connection with an infringement of the anti-doping norm or any other attempt to infringe.
4. A "deportist" is, for the purposes of anti-doping control, anyone who participates in a sport at the international or national level, in the sense determined by a national anti-doping organization, and any other person who participates in a sport or sporting meeting at a lower level accepted by the States Parties. For the purposes of teaching and training programs, a "sporter" is anyone who participates in a sport under the authority of a sports organization.
5. The "supporting athletes" is any trainer, sports director, agent, team staff, official, medical or paramedical staff who work with athletes or treat athletes who participate in or prepare for sports competitions.
6. "Code" means the Global Antidoping Code adopted by the World Antidoping Agency on March 5, 2003 in Copenhagen and contained in Appendix 1 to this Convention.
7. A "competition" is a unique test, a match, a game or a specific sports contest.
8. The "overdoping control" is the process that includes control planning, sample collection and handling, laboratory analysis, results management, hearings and appeals.
9. The "doping in sport" refers to any infringement of anti-doping standards.
10. The "duly authorized antidoping control teams" are the antidoping control teams that work under the authority of international or national antidoping organizations.
11. In order to differentiate the controls carried out during the competition of those performed outside the competition, and unless there is a provision contrary to that effect in the norms of the international federation or another competent antidoping organization, a control "during the competition" is a control to which a certain athlete is subjected in the framework of a competition.
12. "International standards for laboratories" are those contained in Appendix 2 of this Convention.
13. The "international rules for controls" are those contained in Appendix 3 of this Convention.
14. A "surprise control" is an anti-doping control that occurs without notice to the athlete and in which the athlete is continuously accompanied from the time of the notification until it facilitates the sample.
15. The "Olympic Movement" is the one that brings together all those who accept to be governed by the Olympic Charter and who recognize the authority of the International Olympic Committee, namely: the international sport federations on the Olympics programme; the National Olympic Committees, the Organizing Committees of the Olympic Games, sportsmen, judges and arbitrators, the associations and clubs, as well as all the organizations and agencies recognized by the International Olympic Committee.
16. A control of the doping "outside the competition" is all antidoping control that is not performed during a competition.
17. The "list of prohibitions" is the list contained in Annex I to this Convention and listing prohibited substances and methods.
18. A "prohibited method" is any method defined as such in the List of Prohibitions contained in Annex I to this Convention.
19. A "proscribed substance" is any substance that is defined as such in the List of Prohibitions contained in Annex 1 to this Convention.
20. A "sports organization" is an organization that functions as the governing body of an event for one or more sports.
21. The "norms for granting authorizations for therapeutic use" are those contained in Annex II to this Convention.
22. The "control" is the part of the doping control process that includes the planning of the distribution of tests, the collection of samples, the maintenance of samples and their transport to the laboratory.
23. The "exemption for therapeutic use" is granted in accordance with the rules for granting authorizations for therapeutic use.
24. The term "use" refers to the application, ingestion, injection or consumption by any means of a prohibited substance or a prohibited method.
25. The "World Antidoping Agency" (AMA) is the foundation of Swiss law that bears that name created on 10 November 1999.
Article 3 - Measures to implement the objectives of this Convention
In order to realize the objectives of this Convention, States Parties shall:
(a) To adapt appropriate measures at the national and international levels consistent with the principles of the Code;
(b) To promote all forms of international cooperation aimed at the protection of athletes, ethics in sport and the dissemination of research results;
(c) To promote international cooperation between States parties and major organizations responsible for combating doping in sport, in particular the World Antidoping Agency.
Article 4 - Relations of the Convention with the Code
1. In order to coordinate, at the national and international levels, efforts to combat doping in sport, States parties undertake to respect the principles of the Code as a basis for the measures provided for in Article 5 of the present Convention. Nothing in this Convention is to prevent States parties from taking other measures that may complement those of the Code.
2. The Code and the most updated version of Appendixes 2 and 3 are reproduced for information and are not an integral part of this Convention. Appendices as such do not create any binding obligation under international law for States parties.
3. Annexes are an integral part of this Convention.
Article 5 - Measures to achieve the objectives of the Convention
Each State Party shall take appropriate measures to fulfil its obligations under the articles of this Convention. Such measures may include legislative measures, regulations, policies or administrative provisions.
Article 6 - Relations with other international instruments
This Convention shall not modify the rights or obligations of States Parties arising from other agreements previously concluded and are consistent with the object and purpose of this Convention. This does not compromise the enjoyment by other States parties of their rights under this Convention, nor the fulfilment of their obligations.
II. Activities against doping at the national level
Article 7 - Coordination at the national level
States parties should ensure the implementation of this Convention, in particular through coordination at the national level. States Parties may, in fulfilling their obligations under this Convention, act through anti-doping organizations, as well as sports authorities or organizations.
Article 8 - Restrict the availability and use of prohibited substances and methods in sport
1. States parties should take, where appropriate, measures to restrict the availability of prohibited substances and methods in order to limit their use in sport by athletes, unless their use is based on an exemption for therapeutic use. This includes measures to combat trafficking for athletes and, to that end, measures to control production, transport, import, distribution and sale.
2. States Parties shall, if appropriate, adopt measures to prevent or limit the use and possession by athletes of prohibited substances and methods, unless their use is based on an exemption for therapeutic use.
3. No action taken pursuant to this Convention shall prevent the availability, for legitimate uses, of substances and methods which otherwise are prohibited or controlled in sport.
Article 9 - Measures against athletes ' support staff
States Parties shall take measures themselves or urge sports organizations and anti-doping organizations to take measures, including sanctions or fines, aimed at sports support staff who commit an infringement of anti-doping or other doping-related violations in sport.
Article 10 - Nutritional supplements
States Parties shall, where appropriate, urge producers and distributors of nutritional supplements to establish exemplary practices in the marketing and distribution of such supplements, including information relating to their analytical composition and quality assurance.
Article 11 - Financial measures
States Parties shall, where appropriate:
(a) To provide funding from their respective budgets to support a national programme of clinical trials in all sports, or to assist their sports organizations and anti-doping organizations in financing anti-doping controls, either through grants or direct aid, or taking into account the costs of such controls when establishing global subsidies or aids granted to such organizations;
(b) Take appropriate measures to suspend financial support related to sport to athletes or their support staff who have been suspended for having committed an infringement of anti-doping standards, and during the period of suspension of such athlete or such staff;
(c) To withdraw all or part of the financial or other support related to sporting activities to any sporting organization or anti-doping organization that does not apply the Code or the corresponding anti-doping standards adopted in accordance with the Code.
Article 12 - Measures to facilitate doping control activities
States Parties shall, where appropriate:
(a) To encourage and facilitate the implementation of doping controls, consistent with the Code, by sports organizations and anti-doping organizations within their jurisdiction, including surprise controls, outside competitions and during them;
(b) To encourage and facilitate negotiation by sports organizations and anti-doping organizations of agreements that enable their members to be subjected to clinical trials by duly authorized doping control teams from other countries;
(c) To assist sports organizations and anti-doping organizations in their jurisdiction to have access to an accredited anti-doping control laboratory in order to conduct doping control analysis.
III. International cooperation
Article 13 - Cooperation between anti-doping organizations and sports organizations
States Parties shall encourage cooperation between anti-doping organizations, public authorities and sports organizations within their jurisdiction, and those within the jurisdiction of other States Parties, in order to achieve, at the international level, the objective of this Convention.
Article 14 - Support for the role of the World Anti-Dropical Agency
The States Parties undertake to support the important role of the Global Antidoping Agency in the international fight against doping.
Article 15 - Financing of the World Antidoping Agency by equal shares
The States Parties support the principle of funding for the approved annual budget of the World Anti-Dropulation Agency by public authorities and the Olympic Movement, on an equal basis.
Article 16 - International cooperation in the fight against doping
Recognizing that the fight against doping in sport can only be effective when clinical testing can be done to athletes without notice and samples can be transported to laboratories in time for analysis, States Parties shall, where appropriate and in accordance with national legislation and procedures:
(a) To facilitate the task of the World Anti-Dropulation Agency and other anti-doping organizations operating in accordance with the Code, subject to the relevant regulations of host countries, in the execution of controls to their athletes, during or outside competitions, whether in their territory or elsewhere;
(b) To facilitate the transfer to other countries at the appropriate time of the duly authorized doping control teams when undertaking work in this area;
(c) To cooperate to expedite the timely shipment or cross-border transport of samples, so that their safety and integrity can be guaranteed;
(d) To assist in the international coordination of doping controls carried out by the various anti-doping organizations and to cooperate to this end with the World Anti-doping Agency;
(e) To promote cooperation between laboratories responsible for the control of the doping of their jurisdiction and those of the jurisdiction of other States Parties. In particular, States parties with such accredited laboratories should encourage laboratories within their jurisdiction to assist other States Parties in acquiring the necessary expertise, skills and techniques to establish their own laboratories, if they so wish;
(f) To encourage and support reciprocal controls between designated anti-doping organizations, in accordance with the Code;
(g) To recognize each other the procedures for the control of the doping of any organization, antidoping and the management of the results of the clinical tests, including the corresponding sports sanctions, in accordance with the Code.
Article 17 - Voluntary Fund
1. A Fund for the Elimination of Doping in Sport, henceforth referred to as the "Voluntary Contributions Fund", is established as a trust fund, in accordance with the Financial Regulations of UNESCO. All contributions of States parties and other donors shall be voluntary.
2. The resources of the Voluntary Fund shall consist of:
(a) the contributions of States parties;
(b) any contributions, donations or legacies they may make:
(i) Other States;
(ii) United Nations system agencies and programmes, in particular the United Nations Development Programme, or other international organizations;
(iii) Public or private bodies or individuals;
(c) any interest earned by the resources of the Voluntary Fund;
(d) the proceeds of collections and collection from activities organized for the benefit of the Voluntary Fund;
(e) All other resources authorized by the Regulations of the Voluntary Fund, to be prepared by the Conference of the Parties.
3. The contributions of States parties to the Voluntary Fund shall not exempt them from their commitment to pay their share in the annual budget of the World Anti-Dropulation Agency.
Article 18 - Use and management of the Voluntary Fund
The resources of the Voluntary Fund shall be allocated by the Conference of the Parties to fund activities approved by it, in particular to assist States Parties in the development and implementation of anti-doping programmes, in accordance with the provisions of this Convention and taking into account the objectives of the World Anti-doping Agency. Such resources may cover the operating costs of this Convention. Contributions to the Voluntary Fund may not be subject to political, economic or other conditions.
IV. Education and training
Article 19 - General principles of education and training
1. States Parties shall undertake, on the basis of their resources, to support, design or implement education and training programmes on combating doping. For the sports community in general, these programmes should aim to provide accurate and up-to-date information on the following issues:
(a) The detriment that doping means to the ethical values of sport;
(b) The health consequences of doping.
2. For athletes and their support staff, in particular during their initial training, education and training programmes should aim, in addition to the above, to provide accurate and up-to-date information on the following issues:
(a) Doping control procedures;
(b) The rights and responsibilities of athletes in the fight against doping, including information on the Code and policies to combat the doping of relevant sports organizations and anti-doping organizations. Such information shall include the consequences of committing a breach of the rules against doping;
(c) The list of prohibited substances and methods and authorizations for therapeutic use;
(d) Nutritional supplements.
Article 20 - Codes of professional conduct
States Parties shall encourage relevant professional agencies and associations to develop and implement appropriate codes of conduct, exemplary and ethical practices in relation to the fight against doping in sport that are in conformity with the Code.
Article 21 - Participation of athletes and sports staff
States Parties shall promote and, to the extent of their resources, support the active participation of athletes and their support staff in all aspects of the fight against doping undertaken by sports organizations and other relevant organizations, and shall encourage sports organizations within their jurisdiction to do so.
Article 22 - Sport organizations and continuing education and training in the fight against doping.
States Parties shall encourage sporting organizations and anti-doping organizations to implement ongoing education and training programmes for all athletes and their support staff on the topics set out in Article 19.
Article 23 - Cooperation in education and training
States Parties shall cooperate with each other and with relevant organizations to exchange, where appropriate, information, competencies and experiences relating to effective counter-doping programmes.
V. Research
Article 24 - Promotion of research on the fight against doping
States Parties shall encourage and encourage, in accordance with their resources, research on the fight against doping in cooperation with sports organizations and other relevant organizations on:
(a) Prevention and detection of doping, as well as behavioural and social aspects of doping and health consequences;
(b) The means of designing programmes based, scientific training in physiology and psychology that respect the integrity of the person;
(c) The use of all recent methods and substances established under the latest scientific developments.
Article 25 - Indole of the investigation related to the fight against doping
In promoting research related to the fight against doping, as defined in Article 24, States Parties shall ensure that such investigation:
(a) abide by internationally recognized ethical practices;
(b) Avoid the administration of prohibited substances and methods to athletes;
(c) Take appropriate precautions to prevent their results from being misused and applied for doping purposes.
Article 26 - Dissemination of the results of the investigation related to the fight against doping
Subject to compliance with the provisions of applicable national and international law, States Parties shall, where appropriate, communicate to other States Parties and to the World Anti-doping Agency the results of the counter-doping investigation.
Article 27 - Research in sport science
States Parties shall encourage:
(a) members of the scientific and medical media to conduct research in sport science, in accordance with the principles of the Code;
(b) Sports organizations and sports staff in their jurisdiction to apply research in sport science that is consistent with the principles of the Code.
VI. Follow-up to the implementation of the Convention
Article 28 - Conference of the Parties
1. A Conference of the Parties is established, which will be the sovereign body of this Convention.
2. The Conference of the Parties shall hold a regular meeting in principle every two years. It may hold extraordinary meetings if it so decides or at the request of at least one third of the States Parties.
3. Each State Party shall have one vote in the voting of the Conference of the Parties.
4. The Conference of the Parties shall adopt its own rules of procedure.
Article 29 - Organization of a consultative status and observers to the Conference of the Parties
The World Antidoping Agency will be invited as a consultative organization to the Conference of the Parties. The International Olympic Committee, the International Paralympic International Committee, the Council of Europe and the Intergovernmental Committee on Physical Education and Sport (CIGEPS) will be invited as observers. The Conference of the Parties may decide to invite other relevant organizations as observers.
Article 30 - Functions of the Conference of the Parties
1. Apart from the provisions of other provisions of this Convention, the functions of the Conference of the Parties shall be as follows:
(a) To promote the achievement of the objective of this Convention;
(b) To discuss relations with the Global Anti-doping Agency and to consider the funding mechanisms for the Agency ' s core annual budget, and may be invited to discuss States that are not party to the Convention;
(c) To adopt, in accordance with Article 18, a plan for the use of the resources of the Voluntary Fund;
(d) To consider, in accordance with Article 31, the reports submitted by States parties;
(e) Permanently review the verification of compliance with this Convention, in response to the establishment of doping systems, in accordance with Article 31. Any verification or control mechanism or measure not provided for in Article 31 shall be financed from the Voluntary Fund established in Article 17;
(f) To consider for adoption the amendments to this Convention;
(g) To review for adoption, in accordance with the provisions of Article 34 of the Convention, the amendments to the list of prohibitions and the rules for granting authorizations for therapeutic use approved by the World Anti-Dropulation Agency;
(h) To define and implement cooperation between States parties and the Agency, within the framework of this Convention;
(i) To request the Agency to submit a report on the implementation of the Code to the Agency at each of its meetings.
2. The Conference of the Parties may discharge its functions in cooperation with other intergovernmental bodies.
Article 31 - National reports to the Conference of the Parties
States Parties shall provide every two years to the Conference of the Parties, through the Secretariat, in one of the official languages of UNESCO, all relevant information related to the measures they have taken to implement the provisions of this Convention.
Article 32 - Secretariat of the Conference of the Parties
1. The Director-General of UNESCO will facilitate the secretariat of the Conference of the Parties.
2. At the request of the Conference of the Parties, the Director-General of UNESCO shall, to the greatest extent possible, avail himself of the services of the World Anti-doping Agency, on conditions agreed upon by the Conference of the Parties.
3. Operating costs arising from the implementation of the Convention shall be financed from the UNESCO Regular Budget at the appropriate level, within existing resources, to the Voluntary Fund established in Article 17, or to a combination of both resources determined every two years. The funding of the secretariat from the Regular Budget will be reduced to the indispensable minimum, on the understanding that funding for support to the Convention will also be provided by the Voluntary Fund.
4. The secretariat will establish the documentation of the Conference of the Parties, as well as the draft agenda of its meetings, and ensure compliance with its decisions.
Article 33 - Amendments
1. Each State Party may propose amendments to this Convention through written notification to the Director-General of UNESCO. The Director-General shall transmit this notification to all States Parties. If in the six months following the date of submission of the notification at least half of the States Parties consent, the Director-General shall submit such a proposal to the Conference of the Parties at its next meeting.
2. The amendments shall be adopted at the Conference of the Parties by a two-thirds majority of the States Parties present and voting.
3. Once approved, the amendments to this Convention shall be subject to ratification, acceptance, approval or accession by States parties.
4. For States Parties that have ratified, accepted, adopted or acceded to them, the amendments to this Convention shall enter into force three months after two thirds of those States Parties have deposited the instruments referred to in paragraph 3 of this Article. Since then, the corresponding amendment shall enter into force for each State Party ratifying, accepting, approving or acceding to it three months after the date on which the State party deposited its instrument of ratification, acceptance, approval or accession.
5. A State which becomes a party to this Convention after the entry into force of amendments pursuant to paragraph 4 of this Article and does not express an intention to the contrary shall be considered:
(a) Party to this Convention as amended;
(b) Party to this Convention not amended with respect to any State Party which is not bound by the amendments thereto.
Article 34 - Specific procedure for amending Annexes to the Convention
1. If the World Antidoping Agency modifies the list of prohibitions or rules for granting authorizations for therapeutic purposes, it may inform the Director General of UNESCO in writing of these changes. The Director-General shall promptly communicate these changes to all States Parties as proposals for amendments to the relevant annexes to this Convention. Amendments to the annexes should be approved by the General Conference of the Parties at one of its meetings or through a written consultation.
2. States parties have 45 days after the written notification by the Director-General to communicate their opposition to the proposed amendment, whether in writing in the event of a written consultation, at a meeting of the Conference of the Parties. Unless two thirds of the States Parties object to it, the proposed amendment shall be considered adopted by the Conference of the Parties.
3. The Director-General shall notify States parties of the amendments adopted by the Conference of the Parties. They shall enter into force 45 days after this notification, except for any State Party that has previously notified the Director-General that it does not accept them.
4. A State Party that has notified the Director-General that it does not accept an amendment approved in accordance with the above paragraphs shall remain bound by the annexes as not amended.
VII. Final provisions
Article 35 - Federal or non-unitary constitutional regimes
The following provisions shall apply to States Parties that have a federal or non-unitary constitutional regime:
(a) With regard to the provisions of this Convention, which are compliant with the federal or central legislature, the obligations of the federal or central government shall be identical to those of States Parties that do not constitute federal States;
(b) With regard to the provisions of this Convention, which are in compliance with each State, counties, provinces or constituent cantons, which, under the constitutional regime of the federation, are not empowered to take legislative measures, the federal government shall communicate these provisions, with its favourable opinion, to the competent authorities of the States, counties, provinces or cantons, for adoption.
Article 36 - Ratification, acceptance, approval or accession
This Convention shall be subject to ratification, acceptance, approval or accession by UNESCO Member States in accordance with their respective constitutional procedures. Instruments of ratification, acceptance, approval or accession shall be deposited with the Director-General of UNESCO.
Article 37 - Entry into force
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 of deposit of the thirtieth instrument of ratification; acceptance, approval or accession.
2. For States that subsequently express their consent to be bound by this Convention, 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 they deposited their respective instruments of ratification, acceptance, approval or accession.
Article 38 - Extension of the Convention to other Territories
1. All States may, at the time of depositing their instrument of ratification, acceptance, approval or accession, specify the or territories of whose international relations are in charge, where this Convention shall apply.
2. All States may, at any later stage and through a declaration addressed to UNESCO, extend the application of this Convention to any other territory specified in its declaration. The Convention shall enter into force with respect to that territory on the first day of the month following the expiration of a period of one month after the date on which the depositary has received the declaration.
3. Any declaration made under the preceding two paragraphs may, in respect of the territory concerned, be withdrawn by a notification addressed to UNESCO. Such withdrawal shall take effect on the first day of the month following the expiration of a period of one month after the date on which the depositary has received the notification.
Article 39 - Complaint
All States Parties shall have the power to denounce this Convention. The complaint shall be notified by means of a written instrument to be carried out by the Director-General of UNESCO. The complaint shall take effect on the first day of the month following the expiration of a period of six months after the receipt of the complaint instrument. It shall not at all modify the financial obligations to be assumed by the reporting State Party until the date on which the withdrawal is effective.
Article 40 - Depositary
The Director-General of UNESCO shall be the depositary of this Convention and the amendments thereto. In its capacity as depositary, the Director-General of UNESCO will inform States parties to this Convention, as well as other Member States of UNESCO, of:
(a) the deposit of any instrument of ratification, acceptance, approval or accession;
(b) the date of entry into force of this Convention in accordance with Article 37;
(c) All reports prepared in accordance with Article 31;
(d) Any amendment to the Convention or to the annexes adopted pursuant to Article 33 and 34 and the date on which the amendment took effect;
(e) any declaration or notification made pursuant to Article 38;
(f) Any notification submitted pursuant to Article 39 and the date on which the complaint takes effect;
(g) any other act, notification or communication relating to this Convention.
Article 41 - Registration
In accordance with Article 102 of the Charter of the United Nations, this Convention shall be registered with the United Nations Secretariat at the request of the Director-General of UNESCO.
Article 42 - Authentic texts
1. The present Convention and its annexes were drafted in Arabic, Chinese, English, French, Russian and Spanish, the six equally authentic texts.
2. The appendices to this Convention are reproduced in Arabic, Chinese, English, French, Russian and Spanish.
Article 43 - Reservations
No reservation incompatible with the object and purpose of this Convention shall be accepted.
Annex I
AGENT
WORLD
ANTIDOPAJE
WORLD CODIGO
LIST 2005 OF PROHIBITED SUBSTANCES AND METHODS
INTERNATIONAL NORMS
The official text of the List of Prohibited Substances and Methods will be updated by the World Antidoping Agency (AMA) and will be published in English and French. If there is a discrepancy between the versions of both languages, the language will prevail.
This List entered into force on 1 January 2005.
LIST 2005 OF PROHIBITED SUBSTANCES AND METHODS
WORLD CODIGO
Valid from 1 January 2005
The use of any medication should be limited to those indications that justify it from a medical point of view.
| AND METHODS PROHIBITED IN ALL MOMENTS (IN COMPETITION AND OUT OF COMPETITION) |
PROHIBITED SUBSTANCES
S1. BACKGROUND
Anabolizing substances are prohibited.
1. Anabolizing androgen steroids (EAA)
(a) EAA exogenous♪including:
When the body is able to naturally produce a prohibited substance (from the above mentioned), it will be considered. that a sample contains such a prohibited substance when the concentration of it, its metabolites or its markers and/or the corresponding relationships in the sample of the athlete are diverted from normal values in the human being and that probably do not correspond to a normal endogenous production. A sample shall not be considered to contain a prohibited substance in cases where the athlete provides proof that the concentration of the prohibited substance, its metabolites or markers, and/or the corresponding relations in the sample of the athlete are attributable to a pathological or physiological cause. In all cases, and for any concentration, the laboratory will report an abnormal analytical result if, on the basis of some reliable analytical method, it can prove that the prohibited substance is of exogenous origin.
If the result of the laboratory is not conclusive and no concentrations have been measured as mentioned in the previous paragraph, the corresponding antidoping organization will conduct a more intense investigation if there are obvious indications, such as a comparison with steroid profiles, of a possible use of a prohibited substance.
If the lab has reported the presence of a T/E ratio (testosterone / epitestosterone) greater than four (4 to 1) in the urine, an investigation will be required to determine whether the relationship is due to pathological or physiological causes, except if the lab issues an abnormal analytical result report, based on any reliable analytical method that shows that the prohibited substance is of exogenous origin.
In case of investigation, a review of any previous and/or subsequent control will be included. If previous controls are not available, the athlete will be subject to checks without notice at least three times over a period of three months.
In the event that the athlete refuses to collaborate in the supplementary examinations, the sample of the athlete is considered to contain a prohibited substance.
2. Other anabolizers, including:
Clenbuterol, zeranol and zilpaterol.
| For the purposes of this section: ♪ "Exogenous" refers to a substance that the organism is not able to produce naturally. ** "Endogenous" refers to a substance that the organism is able to produce naturally. |
S2. HORMONS AND OTHER SUBSTANCES
The following substances, including those whose chemical structure or biological effects are similar, as well as their liberating factors, are prohibited:
1. Eritropoyetin (EPO);
2. Growth hormone (hGH), insulin-like growth factor (IGF-1), mechanical growth factors (MGF);
3. Gonadotrophine (LH, hCG);
4. Insulin;
5. Corticotrophine.
Unless the athlete is able to demonstrate that the concentration is due to physiological or pathological causes, a sample is considered to contain a prohibited substance (as detailed above) when the concentration of the prohibited substance or its metabolites or its markers and/or the corresponding relations in the athlete's sample exceeds the margin of values that are normally found in the human body, so that it is unlikely to be due to a production.
The presence of other substances with a chemical structure or similar biological effects, marker/ is of diagnosis or liberating factors of one of the above mentioned hormones or any other result that indicates that the detected substance is of exogenous origin, will be communicated how abnormal analytical result.
S3. ß-2 AGONISTS
All ß-2 agonists, including their D- and L- isomers, are prohibited. In order to use them it is necessary to have an authorization for therapeutic use.
They are exempted from formoterol, salbutamol, salmeterol and terbutalin administered by inhalatory means to prevent or treat asthma and asthma or bronchoespasm induced by effort, which require an authorization for abbreviated therapeutic use.
However, it will be considered a positive analytical result despite the granting of an Authorization for Therapeutic Use when the laboratory has reported a total concentration of salbutamol (free more glucuronide) than 1000 ng/ml, unless the athlete shows that the abnormal result has been the result of the therapeutic use of inhaled salbutamol.
S4. STROGENIC ANTAGONISTS
The following classes of estrogenic antagonists are prohibited:
1. aromatase inhibitors, such as (not exhaustive list) aminoglutetimida, anastrozole, exemestano, formestano, letrozol, testolactone.
c2. Selective modulators of estrogenic receptors (SERM), such as (non-exhaustive list) raloxifene, tamoxifene, toremifene.
3. Other substances with antiestrogenic activity, such as (non-exhaustive list) cyclophenyl, clomifene, fulvestrant.
S5. DIURETICOS AND OTHER SUBSTANCES
Diuretics and other masking substances are prohibited.
Other masking substances include the following (non-exhaustive list):
diuretics♪, epitestosterone, a-reductase inhibitors (e.g. dutasteride, finasteride), proven and plasma substitutes (such as albumin, dextrane and hydroxyethylalmidon).
Among the diuretics are:
acetazolamide, amylorid, bumetanide, canrenone, chlortalidone, spironolactone, ethacrynic acid, furosemide, indapamide, metolazone, tiazides (such as blessedroflumetiazide, chlorotiazide and hydrochlorothiazide), triamterene and other chemicals of chemical structure or similar biological effects.
♪ The Authorization for Therapeutic Use will not be valid if the athlete's urine contains a diuretic when the concentration of the substance subject to authorization is equal to or less than the positivity limit.PROHIBITED METHODS
M1. INCREMENT OF OXIGEN TRANSFER
The following is prohibited:
(a) Blood doping, including autologous blood products, counterparts or heterologists, or hematites of any origin, carried out for purposes other than therapeutic ones.
(b) The use of products that increase the capture, transport or release of oxygen, such as perfluorocarbons, efaproxiral (RSR13) and modified hemoglobin products (e.g. blood substitutes with modified hemoglobin or microencapsulated).
M2. MANIPULATION WHOM AND FISICA
The following is prohibited:
The manipulation or attempt to manipulate in order to modify the integrity and validity of the samples collected in the doping controls.
These prohibited methods include intravenous perfusions♪, catheterization and urine substitution.
♪ Intravenous perfusions are prohibited, except in an accredited case of urgent medical treatment.M3. GENET DOPAJE
Non-therapeutic use of cells, genes, genetic elements or modulation of gene expression that have the ability to increase sports performance are prohibited.
| SUBSTANCES AND METHODS WE PROHIBITED IN COMPETITION |
In addition to the categories mentioned in the S1-I S5 and M1-M3 sections, the following categories are prohibited in competition:
PROHIBITED SUBSTANCES
S6. ESTIMATES
The following stimulants, as well as their optical isomers (D- and L-), are prohibited if appropriate:
Adrafinil, amiphenazole, amphepramon, amphetamine, amphetaminil, benzphetamine, brontan, carfedon, catina ♪, clobenzorex, cocaine, dimethylamphetamine, ephedrine**, estricnine, ethylanphetamine, ethylene, phamprophazone, phencanfamine, fencamine, fendimetrazine, fenfluramine, phenmetrazine, phenproporex, phentermine, furfenorex, mefenorex, mephentermine, mesocarb, methamphetamine, methylanoxphetamine**, methylphenidate, fashionfinil, niquetamida, norphefluramine, parahydroxyanphetamine, pemoline, prolinethane, selegiline, and other chemicals of chemical structure or similar biological effects***.
♪ The cathein is prohibited when its urine concentration is higher than 5 micrograms per milliliter. ** Both ephedrine and methylfedrine are prohibited when their concentration in urine is higher than 10 micrograms per milliliter. *** Substances included in the Follow-up Programme for 2005 (bupropion, caffeine, phenylephrine, phenylpropanolamine, pipradrol, pseudoephedrine and synephrine) are not considered prohibited substances.
NOTE: The use of adrenaline associated with local anesthetics or in locally used preparations (e.g. nasal or ophthalmic).
S7. NARCOTIC ANALGEICS
The following narcotic painkillers are forbidden:
buprenorphine, dextromorphamide, diamorphine (heroin), phentanyl and its derivatives, hydromorphone, methadone, morphine, oxymorphone, pentazocin and petidine.
S8. CANNABIS AND THEIR DERIVATE
Cannabis and their derivatives are prohibited (e.g., hashish or marijuana).
S9. GLUCOCORTICOSTEROIDES
The use of any glucocorticosteroid by oral, rectal, intravenous or intramuscular pathways is prohibited. Its use requires a concession for Authorization for therapeutic use.
All other administration pathways require an Authorization for abbreviated therapeutic use.
Dermatological preparations are not prohibited.
| PROHIBITED SUBSTANCES IN DETERMINATE DEPORTS |
P1. ALCOHOL
Alcohol (ethanol) is prohibited in competition in the sports indicated, in analysis performed in breathed air and/or blood and from the concentrations established for each.
The level from which each Federation considers that there is a violation is noted in parenthesis.
- Aeronautics (FAI) (0.20 g/l)
- Automobile (FIA) (0.10 g/l)
- Billiards (WCBS) (0.20 g/I)
- Skiing (FIS) (0.10 g/l)
- Kárate (WKF) (0.10 g/l)
- Motorcycle (FIM) (0,00 g/l)
- Petanca (CMSB) (0.10 g/l)
- Modern Pentathlon (UIPM) (0.10 g/l), in the shooting disciplines
- Archery (FITA) (0.10 g/l)
P2. BETABLOQUEANTES
Unless otherwise specified, betabloquents in competition are banned in the following sports:
- Aeronautics (FAI)
- Chess (FIDE)
- Automobile (FIA)
- Billiards (WCBS)
- Bobsleigh (FIBT)
- Nine balls (FIQ)
- Bridge (FMB)
- Curling (WCF)
- Skiing (FIS), in jumping and free-style snowboarding
- Gymnastics (FIG)
- Free fight (FILA)
- Motorcycle (FIM)
- Swimming (FINA), in jump and synchronized swimming
- Modern Pentathlon (UIPM), in the shooting disciplines
- Petanca (CMSB)
- Shooting (ISSF) (also prohibited outside competition)
- Conarco (FITA) (also prohibited outside the competition)
- Sail (ISAF) (only for Match Race specialty patterns)
Among the beta-blockers are:
acebutololol, alprenolol, atenololol, betaxolol, bisoprolol, bunolol, carteolol, carvedilol, celiprolol, esmolol, labetalol, levobunolol, metipranolololol, metoprolol, nadolol, oxprenolol, pindolol, propanolol, sotalol and timolol.
| SPECIFIC SUBSTANCES♪ |
The "specific substances" are the following:
Ephedrine, L-methylamphetamine, methylphedrine;
Cannabis and their derivatives;
All inhaled ß-2 agonists except clenbuterol;
Prone;
All glucocorticosteroids;
All betabloquents;
Alcohol.
♪ "The list of prohibited substances and methods may include specific substances that are susceptible to involuntary breaches of antidoping standards due to their frequent appearance in medicinal products or whose probability of use for doping purposes is lower." The infringements of the anti-doping standards related to these substances may result in a reduced sanction, provided that the "...deportist can demonstrate that the use of the specific substance is not intended to improve its sports performance...".Annex II
RULES FOR THE AUTHORIZATION
FOR USE WITH TERAPEUTIC FINANCE
Extract of the "International Standards for the AUTHORIZATIONS FOR THE TERAPEUTIC USE" of the World Antidoping Agency (AMA), in force on January 1, 2005
4.0 Criteria for the granting of authorizations for therapeutic use
An Authorization for Therapeutic Use (AUT) may be granted to a sportsman, allowing himself to use a prohibited substance or a prohibited method contained in the list of prohibited substances and methods. AUT requests will be reviewed by a Committee on Authorizations for therapeutic Use (CAUT). The CAUT will be named by an antidoping organization. Only authorizations shall be granted in strict accordance with the following criteria:
[Comment: these rules are applicable to all athletes according to the definition of the Code and according to the provisions of the Code, i.e. trained athletes and disabled athletes. These rules shall be applied according to the circumstances of each individual. For example, an authorization that is appropriate for a disabled athlete may not be appropriate for other athletes. ]
4.1 The athlete must submit an AUT request at least 21 days before participating in an event.
4.2 The athlete would experience significant health damage if the prohibited substance or the prohibited method were not administered during the treatment of a serious or chronic disease.
4.3 The therapeutic use of the prohibited substance or of the prohibited method would not result in an additional improvement in performance, unless it could foresee the return to a normal state of health following the treatment of a proven disease. The use of a prohibited substance or of a prohibited method to increase "under normal" levels of a endogenous hormone is not considered an acceptable therapeutic intervention.
4.4 There is no reasonable therapeutic alternative to the use of the prohibited substance or prohibited method.
4.5 The need for the use of the prohibited substance or prohibited method cannot be a consequence, in whole or in part, of a non-therapeutic prior use of a substance from the list of prohibited substances and methods.
4.6 The AUT will be canceled by the assigning agency if
(a) The athlete does not immediately comply with the requirements or conditions imposed by the organization and the anti-doping granting the authorization.
(b) The deadline for the AUT has expired.
(c) The athlete is informed that the AUT has been withdrawn by the anti-doping organization.
[Comment: Each AUT shall have a specified duration as decided by the CAUT. There may be cases where an AUT has expired or has been withdrawn and the prohibited substance subject to the AUT remains present in the agency of the athlete. In such cases, the anti-doping organization conducting the initial analysis of an adverse finding will consider whether the finding is consistent with the expiration or withdrawal of the AUT. ]
4.7 AUT requests for retroactive approval shall not be taken into account except where:
(a) Emergency treatment or treatment of a serious illness, or
(b) Due to exceptional circumstances, there was not sufficient time or opportunity for an applicant to submit, or a CAUT to study, an application prior to an anti-doping control.
[Comment: medical emergencies or serious illnesses requiring the administration of a prohibited substance or a prohibited method are not common before an AUT request can be made. Similarly, the circumstances that require consideration without delay of an AUT request due to imminent competition are rare. Anti-doping organizations that grant AUT shall have internal procedures to resolve such situations. ]
5.0 Confidentiality of information
5.1 The applicant must provide written consent for the transmission of all information relating to the request to the members of the CAUT and, as appropriate, other independent medical or scientific experts, or all necessary personnel involved in the management, review or appeal of the AUTs.
If the assistance of external and independent experts is needed, all the details of the request will be communicated without identifying the doctor who participates in the care of the athlete. The applicant must also provide his or her written consent for the CAUT decisions to be distributed to other relevant anti-doping organizations in accordance with the code.
5.2 The members of the CAUT and the administration of the antidoping organization involved will carry out all their activities in strict confidentiality. All members of a CAUT and all staff involved will have to sign confidentiality agreements. In particular, the following information shall be kept confidential:
(a) All medical information and data provided by the athlete and doctors involved in the medical care of the athlete.
(b) All details and application, including the name of the doctors participating in the process.
If the athlete wishes to revoke the right of the AMA CAUT or CAUT to obtain any health information on his behalf, the athlete must notify his or her doctor in writing. As a result of this decision, the athlete will not receive the approval of an AUT or the renewal of an existing AUT.
6.0 Committees on Authorizations for Therapeutic Use (CAUT)
The CAUT shall be constituted and acted in accordance with the following guidelines:
6.1 The CAUTs will include at least three physicians with experience in medical care and the treatment of athletes and with good clinical, sports and workout medical knowledge. To ensure the level of independence of decisions, most CAUT members should not have any official responsibility in the anti-doping organization. All CAUT members will sign a conflict of interest agreement. In applications for athletes with disabilities, at least one member of the CAUT must have specific experience in assisting and treating athletes with disabilities.
6.2 The CAUTs may request the help of those medical or scientific experts they consider appropriate to analyse the circumstances of an AUT request.
6.3 The AMA CAUT will be composed according to the criteria set out in Article 6.1. The AMA CAUT is set up to analyze, under its own initiative, the AUT decisions granted by the anti-doping organizations. As specified in Article 4.4 of the Code, the AMA CAUT, at the request of the athletes to whom an anti-doping organization has denied an AUT, will revisit such decisions with the ability to revoke them.
7.0 Procedure for the Application of an Authorization for Therapeutic Use
7.1 AUT shall be granted only after receipt of a completed application form which should include all relevant documents (see Appendix 1 - AUT form). The application procedure must be carried out in accordance with the principles of strict medical confidentiality.
7.2 AUT application form, as indicated in appendix 1, may be modified by anti-doping organizations to include requests for additional information, but no sections or points may be removed.
7.3 AUT application form may be translated into other languages by anti-doping organizations, but English or French must remain in the application form.
7.4 A sportsman may not contact more than one anti-doping organization to request an AUT. The request should indicate the sport of the athlete and, where appropriate, the specific discipline and position or role.
7.5 The request should indicate the previous and/or current requests for permission for the use of a prohibited substance or a prohibited method, the agency to which the request was made, and the decision of that agency.
7.6 The application should include a complete medical history and results of all tests, laboratory research and graphical studies relevant to the application.
7.7 Any relevant additional research, review or study requested by the CAUT of an anti-doping organization shall be carried out at the expense of the applicant or its national sports agency.
7.8 The request should include a statement by a well-qualified doctor that certifies the need for the prohibited substance or the prohibited method in the treatment of the athlete and that describes why a medication allowed in the treatment of the disease cannot or should not be used.
7.9 The dose, frequency, route and duration of the administration of the prohibited substance or prohibited method in question should be specified.
7.10 The decisions of the CAUT shall be completed within thirty days of receipt of all relevant documentation, and shall be transmitted in writing to the athlete by the relevant anti-doping organization. When an AUT has been granted to a sportsman of the selected group of athletes subject to controls of the anti-doping organization, the sportsman and the AMA will immediately obtain an approval that includes information regarding the duration of the authorization and the conditions associated with the AUT.
7.11 (a) When you receive a request from a sportsman for review, as specified in Article 4.4 of the Code, the AMA CAUT, as specified in Article 4.4 of the Code, may revoke a decision on an AUT granted by an anti-doping organization. The athlete will provide the AMA CAUT with all the information for an AUT that has initially been delivered to the antidoping organization, and will also pay a request fee. Until the review process is completed, the original decision remains in force. The process should not take more than 30 days after receiving information by AMA.
(b) AMA can perform a review at any time. The AMA CAUT will complete its revisions within 30 days.
7.12 If the decision regarding the granting of an AUT is reversed after the review, the revocation will not be applied retroactively and will not disqualify the results of the athlete during the period in which the AUT has been granted, and will be valid 14 days, no later, after the notification of the decision to the athlete.
8.0 Abbreviated procedure for the application of an authorization for therapeutic use (AUTA)
8.1 It is recognized that some substances included in the list of prohibited substances and methods are used for the treatment of diseases that athletes frequently face. In such cases, a complete application such as the one detailed in section 4 and section 7. Therefore, an abbreviated procedure is established for the AUTs.
8.2 The prohibited substances or prohibited methods that can be authorized by this abbreviated procedure are strictly limited to the following: Beta-2 agonists (formoterol, salbutamol, salmeterol and terbutalin) by inhalation, and glucocorticosteroids by nonsystemic pathways.
8.3 To use any of the above substances, the athlete must provide the antidoping organization with a medical notification that would justify the therapeutic need. This medical notification, contained in Appendix 2, will describe the diagnosis, name of the medication, dose, way of administration, and duration of the treatment.
Any evidence to establish such a diagnosis should be included, where applicable (not including actual results or details).
8.4 The abbreviated procedure includes:
(a) Approval of the prohibited substance subject to the abbreviated procedure is effective from receiving a complete notification from the anti-doping organization. Incomplete notifications must be returned to the applicant.
(b) Once a full notification has been received, the anti-doping organization will promptly inform the athlete. FI, FN and ONA will also be informed of the athlete (as appropriate). The anti-doping organization will inform AMA only when it receives a notification for an international athlete.
(c) Notifications for an AUTA will not be taken into account for retroactive approvals, except:
- in emergency treatment or treatment of a serious illness, or
- if due to exceptional circumstances, there was not enough time or opportunity for the applicant to submit, or for a CAUT to receive, an application before an anti-doping control.
8.5 (a) The review by the CAUT or the AMA CAUT can be started at any time during the duration of the AUTA.
(b) If a sportsman requests a review of a subsequent refusal of an AUTA, the AMA CAUT will have the capacity to request the sportsman the additional medical information he deems necessary, running the expense on the account of the athlete.
8.6 AUTA may be canceled by the CAUT or the AMA CAUT at any time. Information will be communicated immediately to the athlete, his FI and all relevant anti-doping organizations.
8.7 Cancellation shall have immediate effect after notification of the decision to the athlete. The athlete may nevertheless request an AUT under section 7.
9.0 Information Centre
9.1 Anti-doping organizations should provide AMA with all AUTs, and all supporting documentation issued under section 7.
9.2 With regard to AUTA, anti-doping organizations should provide AMA with medical applications submitted by international athletes and issued under section 8.4.
9.3 The Information Centre will ensure strict confidentiality of all medical information.
