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1207 OF 2008
(July 14)
Official Journal No. 47,050 of 14 July 2008
CONGRESS OF THE REPUBLIC
By means of which the "International Convention against Doping in Sport" is approved, approved by the General Conference of the United Nations Educational, Scientific and Cultural Organization, Unesco, in Paris, on 19 October 2005.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. Approve the "International Convention against Doping in Sport", approved by the General Conference of the United Nations Educational, Science and Culture, Unesco, in Paris, 19 October 2005.
ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the International Convention against Doping in Sport, approved by the General Conference of the Organization of the United Nations Educational, Scientific and Cultural Organization, Unesco, in Paris, on October 19, 2005, which under article 1 of this law is approved, will force the country from the date on which the international link is perfected with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
The President of the honorable Senate of the Republic,
NANCY PATRICIA GUTIERREZ CASTANEDA.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
OSCAR GROVE PALACIO.
The Secretary General (E.) of the honourable House of Representatives,
JESUS ALFONSO RODRIGUEZ CAMARGO.
INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT.
Paris, October 19, 2005
INTERNATIONAL CONVENTION
AGAINST DOPING IN SPORT
The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as "UNESCO", at its 33rd meeting, held in Paris, from 3 to 21 October 2005,
Considering that the goal of UNESCO is to contribute to peace and security through the promotion of collaboration among nations through education, science and culture, to existing international human rights instruments, Taking into account Resolution 58/5 adopted by the United Nations General Assembly on 3 November 2003, concerning the sport as a means to promote education, health, development and peace, in Paragraph 7,
7,Conscious that sport must play an important role in protecting health, in moral, cultural and physical education and in promoting international understanding and peace,
Observing the need to encourage and coordinate international cooperation with a view to the elimination of doping in sport,
Concerned about the use of doping substances in sports activities and the consequent consequences for the health of athletes, the principle of fair play (fair play), the elimination of fraud and the future of sport,
Having present that doping is a threat to ethical principles and educational values enshrined in the International Charter of Physical Education and Sport approved by UNESCO and in the Olympic Charter,
Remembering that the Anti-Doping Convention and its Additional Protocol approved in the framework of the Council of Europe are the instruments of international public law that have been the source of national policies of fight against doping and intergovernmental cooperation, Remembering the recommendations on doping formulated by the International Conference of Ministers and Senior Officials Encharged with Physical Education and the Sport, in its second, third and fourth UNESCO-organized meetings in Moscow (1988), Punta del Este (1999) and Athens (2004), respectively, as well as Resolution 32 C/9 adopted by the UNESCO General Conference at its 32nd meeting (2003),
Having regard to the World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on Doping in Sport in Copenhagen on 5 March 2003 and the Copenhagen Declaration against Doping in Sport,
Also present the prestige among the young people of high level athletes,
aware of the ongoing need to carry out and promote research to improve the detection of doping and to better understand the factors that determine the use of doping substances for prevention strategies are more effective,
Also aware of the importance of the permanent education of athletes, of the support staff to athletes and of society in general in the prevention of doping,
Having present the need to create capabilities in States Parties to implement anti-doping programs, Also aware that they are incumbent on public authorities and the organisations responsible for sporting activities which are complementary in the fight against doping in sport, and in particular that of ensuring proper conduct in sporting events, on the basis of the principle of fair play (fair play), and for the protection of health those who participate in them,
Recognizing that such authorities and organizations must work together to achieve these objectives, at all appropriate levels, with the greatest independence and transparency,
Decided to continue cooperating to take new and even stronger measures to eliminate doping in sport,
Acknowledging that the elimination of doping in sport depends in part on the progressive harmonization of anti-doping rules and practices in sport and cooperation at the national and global level,
Atest on this day, October 19, 2005, this Convention.
ARTICLE 1o. PURPOSE OF THE CONVENTION.
The purpose of this Convention, in the framework of the strategy and programme of activities of UNESCO in the field of physical education and sport, is to promote the prevention of doping in sport and the fight against it, with a view to its removal.
The definitions must be understood in the context of the World Anti-Doping Code. However, in the event of conflict between the definitions, the Convention shall prevail.
For the purposes of this Convention:
1. The "accredited laboratories responsible for doping control" are the laboratories accredited by the World Anti-Doping Agency.
2. An " anti-doping organisation2 is an entity in charge of the adoption of rules to initiate, implement or enforce any part of the anti-doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other organisations in charge of major sporting events which carry out controls at events for which they are responsible, to the World Agency Anti-doping, international federations and national anti-doping organisations.
3. The expression 'infringement of the anti-doping rules' in sport refers to one or more of the following infringements:
(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) Refusal or not to submit, without valid justification, to a collection of samples following a notification made in accordance with the applicable anti-doping rules, or to avoid collection of samples in any other way;
d) The violation of the requirements regarding the availability of the sportsman for the performance of controls outside the competition, including the failure to provide information on his whereabouts, as well as not to present himself to submit to controls deemed to be governed by reasonable standards;
e) The falsification or attempt to falsify any element of the anti-doping control process;
f) Possession of prohibited substances or methods;
g) Traffic of any prohibited substance or prohibited method;
h) Administration or attempt to administer a prohibited substance or method prohibited to any sportsman, or assistance, incitement, contribution, instigation, cover-up or any other type of complicity in connection with a violation of the anti-doping rule or any other attempted infringement.
4. A "sportsman" is, for the purposes of anti-doping control, any person involved in a sport at international or national level, in the sense determined by a national anti-doping organisation, and any other person involved in a sport or sports meeting at a lower level accepted by the States Parties. For the purposes of teaching and training programmes, a "sportsman" is any person who participates in a sport under the authority of a sporting organisation.
5. 'Sports support staff' means any coach, instructor, sporting director, staff member, team staff, official, medical or paramedical staff working with athletes or athletes participating in competitions sports or prepare for them.
6. 'Code' means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 in Copenhagen and listed in Appendix 1 to this Convention.
7. A "competition" is a unique test, a match, a game or a particular sporting event.
8. "Anti-doping control" is the process that includes the planning of controls, collection and handling of samples, laboratory analysis, management of results, views and appeals.
9. "Doping in sport" refers to any violation of the anti-doping rules.
10. The "duly authorised anti-doping control teams" are the anti-doping control teams working under the authority of international or national anti-doping organisations.
11. In order to differentiate the controls carried out during the competition of those made outside the competition, and unless there is a provision contrary to that effect in the norms of the international federation or another organization Competent anti-doping control "during the competition" is a control to which a certain athlete is subjected in the frame of a competition.
12. The "international standards for laboratories" are those listed in Appendix 2 to this Convention.
13. The "international standards for controls" are those listed in Appendix 3 to this Convention.
14. A "surprise check" is an anti-doping test that occurs without warning to the athlete and in which the sportsman is continuously accompanied from the moment 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 sports federations on the program of the Olympic Games; the National Olympic Committees, the Organizing Committees of the Olympic Games, the athletes, judges and referees, the associations and the clubs, as well as all the organisations and bodies recognised by the International Olympic Committee.
16. A doping control "out of the competition" is all anti-doping control that is not performed during a competition.
17. The "list of prohibitions" is the list set out in Annex I to this Convention and lists the prohibited substances and methods.
18. A "prohibited method" is any method that is defined as such in the List of prohibitions set out in Annex I to this Convention.
19. A "prohibited substance" is any substance that is defined as such in the List of prohibitions set out in Annex 1 to this Convention.
20. A "sports organization" is an organization that functions as a governing body for an event for one or more sports.
21. The "rules for the granting of authorisations for use for therapeutic purposes" are those set out in Annex II to this Convention.
22. The "control" is the part of the doping control process which 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 use for therapeutic purposes" is granted in accordance with the rules for the granting of authorisations for use for therapeutic purposes.
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 Anti-Doping Agency" (WADA) is the Swiss law foundation that bears the name created on November 10, 1999.
ARTICLE 3o. MEASURES TO ACHIEVE THE OBJECTIVES OF THIS CONVENTION.
In order to achieve the objectives of this Convention, States Parties shall:
(a) Adopt appropriate measures, at national and international level, in accordance with the principles of the Code;
b) Promoting all forms of international cooperation aimed at the protection of sportspersons, ethics in sport and the dissemination of research results;
(c) Promote international cooperation between the States Parties and the main organisations in charge of the fight against doping in sport, in particular the World Anti-Doping Agency.
ARTICLE 4. CONVENTION RELATIONSHIPS WITH THE CODE.
1. With a view to coordinating, at national and international level, anti-doping activities in sport, the States Parties undertake to respect the principles of the Code as a basis for the measures provided for in Article
2. The Code and the most up-to-date 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.
3. The Annexes form an integral part of this Convention.
ARTICLE 5o. MEASURES TO ACHIEVE THE OBJECTIVES OF THE CONVENTION.
Any State Party shall take appropriate measures to comply with the obligations of the Articles of this Convention. Such measures may include legislative measures, regulations, policies or administrative provisions.
ARTICLE 6o. RELATIONS WITH OTHER INTERNATIONAL INSTRUMENTS.
This Convention shall not modify the rights or obligations of States Parties which provide for other agreements previously concluded and are compatible with the object and purpose of this Convention. This does not compromise the enjoyment by other States of the rights granted to them by this Convention, nor the fulfilment of the obligations imposed upon them.
II. ANTI-DOPING ACTIVITIES AT THE NATIONAL LEVEL
ARTICLE 7o. COORDINATION AT THE NATIONAL LEVEL.
States Parties shall ensure the implementation of this Convention, in particular through coordination at national level. Member States may, in compliance with their obligations under this Convention, act through anti-doping organisations, as well as from authorities or sporting organisations.
ARTICLE 8o. RESTRICT THE AVAILABILITY AND USE IN SPORT OF PROHIBITED SUBSTANCES AND METHODS.
1. Member States shall, where appropriate, adopt measures to restrict the availability of prohibited substances and methods in order to limit their use in sport by sportsmen and women, unless their use is based on a exemption for use for therapeutic purposes. This includes measures to combat trafficking intended for sportsmen and women and, to this end, measures to control production, transport, import, distribution and sale.
2. States Parties shall take, or urge to adopt, if appropriate, the competent entities within their jurisdiction, measures to prevent or limit the use and possession by sportsmen of prohibited substances and methods, unless their use is based on an exemption for use for therapeutic purposes.
3. No measure taken pursuant to this Convention shall prevent the availability, for legitimate uses, of substances and methods which are otherwise prohibited or subject to control in sport.
ARTICLE 9o. MEASURES AGAINST SUPPORT STAFF FOR SPORTSMEN AND WOMEN.
States Parties shall take measures themselves or urge sports organisations and anti-doping organisations to take measures, including penalties or fines, to support the support staff of athletes who commit a infringement of the anti-doping rules or other doping-related infringement 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 concerning their analytical composition and quality assurance.
ARTICLE 11. FINANCIAL MEASURES.
States Parties shall, where appropriate:
a) Provide funding from their respective budgets to support a national clinical testing program in all sports, or help their sports organizations and anti-doping organizations fund anti-doping controls, either by means of grants or direct aid, or taking into account the costs of such controls when establishing the global grants or aid granted to such organisations;
(b) Take appropriate measures to suspend sport-related financial support to sportsmen or sportspersons or their support staff who have been suspended for having committed an infringement of the anti-doping rules, and this during the period of suspension of such sportsman or such staff;
c) Withdraw all or part of financial or other support related to sporting activities to any sporting organisation or anti-doping organisation which does not apply the Code or the relevant anti-doping rules adopted in accordance with the Code.
ARTICLE 12. MEASURES TO FACILITATE DOPING CONTROL ACTIVITIES.
States Parties shall, where appropriate:
(a) Encouraging and facilitating the conduct of doping controls, in a manner compatible with the Code, by sports organisations and anti-doping organisations in their jurisdiction, in particular by surprise checks, outside the competitions and during them;
b) Encouraging and facilitating the negotiation by sports organizations and anti-doping organizations of agreements that allow their members to be subjected to clinical trials by duly authorized doping control teams of others countries;
c) 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 ORGANISATIONS AND SPORTS ORGANISATIONS.
States Parties shall encourage cooperation between anti-doping organizations, public authorities and sports organizations in their jurisdiction, and those of the jurisdiction of other States Parties, in order to achieve, at international level, the objective of this Convention.
ARTICLE 14. SUPPORT FOR THE ROLE OF THE WORLD ANTI-DOPING AGENCY.
States Parties undertake to support the important role of the World Anti-Doping Agency in the international fight against doping.
ARTICLE 15. GLOBAL ANTI-DOPING AGENCY FUNDING EQUAL PARTS.
States Parties support the principle of financing the approved basic annual budget of the World Anti-Doping Agency by public authorities and the Olympic Movement, by equal parties.
ARTICLE 16. INTERNATIONAL COOPERATION IN THE FIGHT AGAINST DOPING.
Acknowledging that the fight against doping in sport can only be effective when clinical trials can be done on athletes without warning and samples can be transported to laboratories in time to be tested, states Parties shall, where appropriate and in accordance with national legislation and procedures:
(a) Facilitate the task of the World Anti-Doping Agency and other anti-doping organizations acting in accordance with the Code, subject to the relevant regulations of the host countries, in the execution of the controls to their athletes, during or outside the competitions, whether in their territory or elsewhere;
b) Facilitate the transfer to other countries at the appropriate time of duly authorised teams responsible for the control of doping when performing tasks in that field;
(c) Cooperate to speed up the shipment on time or the cross-border transport of samples, in such a way that their safety and integrity can be ensured;
d) To assist in the international coordination of doping controls carried out by the various anti-doping organisations and to cooperate with the World Anti-Doping Agency;
e) Promote cooperation between laboratories responsible for the control of doping in their jurisdiction and those of the jurisdiction of other States Parties. In particular, States Parties which have accredited laboratories of this type shall encourage laboratories in their jurisdiction to assist other States Parties in acquiring the necessary expertise, skills and techniques for the establish their own laboratories, if they so wish;
f) Encourage and support reciprocal control agreements between designated anti-doping organizations, in accordance with the Code;
g) To mutually acknowledge the doping control procedures of any anti-doping organisation and the management of the results of the clinical trials, including the related sporting sanctions, which are in conformity with the Code.
ARTICLE 17. VOLUNTARY CONTRIBUTIONS FUND.
1. A Fund for the Elimination of Doping in Sport is hereby established, hereinafter referred to as the 'Voluntary Contribution Fund', which shall be constituted as a trust fund in accordance with the UNESCO Financial Regulation. All contributions from States Parties and other donors shall be voluntary.
2. The resources of the Voluntary Contribution Fund shall consist of:
a) The contributions of the States Parties;
b) Contributions, donations, or legacies that you can make:
i) Other States;
(ii) United Nations system bodies and programmes, in particular the United Nations Development Programme, or other international organisations;
iii) Public or private bodies, or natural persons;
c) Any interest accrued on the resources of the Voluntary Contributions Fund;
d) The proceeds of collections and proceeds from activities organized for the benefit of the Fund for voluntary contributions;
e) All other resources authorized by the Fund Regulation of Voluntary Contributions, to be prepared by the Conference of the Parties.
3. Contributions from States Parties to the Fund for voluntary contributions shall not exempt them from their commitment to pay the share of the annual budget of the World Anti-Doping Agency.
ARTICLE 18. USE AND MANAGEMENT OF THE VOLUNTARY CONTRIBUTIONS FUND.
The resources of the Fund for voluntary contributions shall be allocated by the Conference of the Parties to finance activities approved by the Conference of the Parties, in particular to assist States Parties in developing and implementing anti-doping programmes, with the provisions of this Convention and taking into account the objectives of the World Anti-Doping Agency. These resources may be used to cover the operational costs of this Convention. Contributions to the Fund for voluntary contributions may not be subject to political, economic or other conditions.
ARTICLE 19. GENERAL PRINCIPLES OF EDUCATION AND TRAINING.
1. Member States shall undertake, on the basis of their resources, to support, design or implement education and training programmes on the fight against doping. For the wider sporting community, these programmes should aim to provide accurate and up-to-date information on the following issues:
(a) The harm that doping means to the ethical values of sport;
b) The consequences of doping for health.
2. For sportspersons and their support staff, in particular during their initial training, the education and training programmes shall, in addition to the above, aim to provide accurate and up-to-date information on the following: issues:
a) The procedures for the control of doping;
(b) The rights and responsibilities of sportsmen and women in the fight against doping, in particular information on the Code and policies to combat doping by sports organisations and anti-doping organisations relevant. Such information shall include the consequences of committing an infringement of the anti-doping rules;
(c) The list of prohibited substances and methods and authorisations for use for therapeutic purposes;
d) The nutritional supplements.
ARTICLE 20. CODES OF PROFESSIONAL CONDUCT.
States Parties shall encourage relevant competent professional bodies and associations to develop and implement appropriate codes of conduct, exemplary practices and ethics in relation to the fight against doping in sport. compliant with the Code.
ARTICLE 21. PARTICIPATION OF SPORTSPERSONS AND SUPPORT STAFF FOR SPORTSPERSONS.
States Parties will promote and, to the extent of their resources, support the active participation of sportspersons and their support staff in all aspects of the fight against doping undertaken by sports organisations and others. competent organisations, and encourage sports organisations in their jurisdiction to do so.
ARTICLE 22. SPORTS ORGANISATIONS AND PERMANENT EDUCATION AND TRAINING IN THE FIGHT AGAINST DOPING.
States Parties will encourage sports organizations and anti-doping organizations to implement ongoing education and training programs for all athletes and their support staff on the topics listed in the article 19.
ARTICLE 23. COOPERATION IN EDUCATION AND TRAINING.
States Parties shall cooperate with each other and with the competent organisations to exchange, where appropriate, information, competences and experiences relating to effective anti-doping programmes.
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 organisations and other competent organisations, on:
a) Prevention and methods of doping detection, as well as conduct and social aspects of doping and health consequences;
b) The means to design programs with a scientific basis of training in physiology and psychology that respect the integrity of the person;
c) The use of all recent methods and substances established in accordance with the latest scientific advances.
ARTICLE 25. NATURE OF THE INVESTIGATION RELATED TO THE FIGHT AGAINST DOPING.
By promoting research related to the fight against doping, as defined in Article 24, States Parties shall ensure that such research:
a) It adheres to 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 RESEARCH RELATED TO THE FIGHT AGAINST DOPING.
Subject to compliance with applicable national and international law provisions, States Parties shall, where appropriate, communicate to other States Parties and the World Anti-Doping Agency the results of the investigation. related to the fight against doping.
ARTICLE 27. RESEARCH IN SPORTS SCIENCE.
States Party will encourage:
(a) Members of the scientific and medical media to conduct research in the science of sport, in accordance with the principles of the Code;
(b) To sports organisations and to staff in support of sportspersons in their jurisdiction to apply the science of sport investigations which are in accordance with the principles of the Code.
VI. TRACKING THE APPLICATION OF THE CONVENTION.
ARTICLE 28. CONFERENCE OF THE PARTIES.
1. A Conference of the Parties shall be established, which shall be the sovereign body of this Convention.
2. The Conference of the Parties shall hold an ordinary 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 votes of the Conference of the Parties.
4. The Conference of the Parties shall adopt its own rules of procedure.
ARTICLE 29. ADVISORY AND OBSERVER ORGANIZATION TO THE CONFERENCE OF THE PARTIES.
The World Anti-Doping Agency shall be invited as an advisory body to the Conference of the Parties. Observers will be invited to the International Olympic Committee, the International Paralympic Committee, the Council of Europe and the Intergovernmental Committee for Physical Education and Sport (CIGEPS). The Conference of the Parties may decide to invite other competent organisations as observers.
ARTICLE 30. CONFERENCE FUNCTIONS OF THE PARTIES.
1. Outside of those laid down in other provisions of this Convention, the functions of the Conference of the Parties shall be as follows:
a) Encourage the achievement of the objective of this Convention;
b) Discuss relations with the World Anti-Doping Agency and study the financing mechanisms of the Agency's basic annual budget, with the possibility of inviting States that are not a Party to the Convention to be invited to the debate;
c) Approve, in accordance with Article 18, a plan for the use of the resources of the Voluntary Contributions Fund;
d) Browse, in accordance with Article 31, the reports submitted by the States Parties;
e) To examine in a permanent manner the verification of compliance with this Convention, in response to the establishment of anti-doping systems, in accordance with the provisions of Article 31. Any mechanism or measure of verification or control that is not provided for in Article 31 shall be financed from the Fund for Voluntary Contributions set out in Article 17;
f) Browse for approval of amendments to this Convention;
g) Browse for approval, in accordance with the provisions of Article 34 of the Convention, amendments made to the list of prohibitions and the rules for granting authorizations for use for therapeutic purposes approved by the World Anti-Doping Agency;
(h) Define and implement cooperation between the States Parties and the Agency, within the framework of this Convention;
i) To ask the Agency to submit to its examination, at each of its meetings, a report on the implementation of the Code.
2. The Conference of the Parties may fulfil its functions in cooperation with other intergovernmental bodies.
ARTICLE 31. NATIONAL REPORTS TO THE CONFERENCE OF THE PARTIES.
States Parties shall provide the Conference of the Parties, through the Secretariat, in one of the official languages of UNESCO, every two years, with all relevant information related to the measures they have taken to provide compliance with the provisions of this Convention.
ARTICLE 32. SECRETARY OF THE CONFERENCE OF THE PARTIES.
1. The Director-General of UNESCO shall provide the Secretariat of the Conference of the Parties.
2. At the request of the Conference of the Parties, the Director-General of UNESCO shall make the greatest possible use of the services of the World Anti-Doping Agency, under conditions agreed by the Conference of the Parties.
3. The operational costs arising from the implementation of the Convention shall be financed from the UNESCO Ordinary Budget in the appropriate amount, within the limits of existing resources, to the Fund for Voluntary Contributions set in article 17, or a combination of both resources determined every two years. The financing of the Secretariat from the Ordinary Budget will be reduced to the minimum necessary, in the understanding that the financing of support to the Convention will also be provided by the Fund for Voluntary Contributions.
4. The Secretariat shall establish the documentation of the Conference of the Parties, as well as the draft agenda of its meetings, and shall ensure compliance with its decisions.
1. Each State Party may propose amendments to this Convention by means of a 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 dispatch of the notification half at least the States Parties give their consent, the Director-General shall submit that proposal to the Conference of the Parties at their next meeting.
2. 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 the States Parties.
4. For States Parties which have ratified, accepted, approved 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. From that time on, the corresponding amendment shall enter into force for each State Party which ratifies, accepts, approves or adheres to it three months after the date on which the State Party has 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 in accordance with paragraph 4 of this Article and which does not manifest an intention to the contrary shall be deemed to be:
a) Party to this Convention as amended;
(b) Party to this Convention not amended in respect of any State Party which is not bound by the amendments in question.
ARTICLE 34. SPECIFIC AMENDMENT PROCEDURE TO CONVENTION ATTACHMENTS.
1. If the World Anti-Doping Agency amends the list of prohibitions or the rules for the granting of authorisations for use for therapeutic purposes, it may inform the Director-General of UNESCO in writing of these changes. The Director-General shall promptly communicate to all States Parties these changes as proposed amendments to the relevant Annexes to this Convention. Amendments to the Annexes shall be adopted by the General Conference of the Parties at one of its meetings or by a written consultation.
2. States Parties have 45 days after the written notification of the Director General to communicate their opposition to the proposed amendment, in writing in the event of written consultation, at a meeting of the Conference of the Parties. Unless two-thirds of the States Parties oppose it, the proposed amendment shall be deemed to be approved by the Conference of the Parties.
3. The Director General shall notify the States Parties of the amendments adopted by the Conference of the Parties. These shall enter into force 45 days after this notification, except for any State Party which 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 foregoing paragraphs shall remain bound by the Annexes in its unamended form.
ARTICLE 35. FEDERAL OR NON-UNIT CONSTITUTIONAL REGIMES
States Parties having a federal or non-federal constitutional regime shall apply the following provisions to them:
(a) With regard to the provisions of this Convention whose application is to the federal or central legislative power, the obligations of the Federal or Central Government shall be identical to those of States Parties which do not constitute States. federal;
(b) As regards the provisions of this Convention, the application of which shall be the responsibility of each of the constituent States, counties, provinces or cantons, which under the constitutional regime of the federation are not entitled to 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 approval.
ARTICLE 36. RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION.
This Convention shall be subject to the ratification, acceptance, approval or accession of the Member States 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.
1. The Convention shall enter into force on the first day of the month following the expiry of a period of one month after the date on which the 30th instrument of ratification, acceptance, approval or accession has been deposited.
2. For States which 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 expiry of a period of one month after the date on which they have 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 territories for whose international relations they are responsible for, where this Convention will apply.
2. All States may, at any time thereafter and by means of 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 on that territory on the first day of the month following the expiry of a period of one month after the date on which the depositary has received the declaration.
3. Any declaration made pursuant to the two preceding paragraphs may, in respect of the territory to which it relates, be withdrawn by means of a notification addressed to UNESCO. Such withdrawal shall take effect on the first day of the month following the expiry of a period of one month after the date on which the depositary has received the notification.
All States Parties shall have the power to denounce this Convention. The complaint shall be notified by means of a written instrument held by the Director-General of UNESCO. The complaint shall take effect on the first day of the month following the expiry of a period of six months after receipt of the instrument of denunciation. It shall not at all modify the financial obligations to be assumed by the State Party to the date on which the withdrawal is effective.
The Director-General of UNESCO shall be the depositary of this Convention and of the amendments thereto. As a depositary, the Director-General of UNESCO shall inform the States Parties to this Convention, as well as the other UNESCO Member States, 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 the provisions of Article 37;
c) All reports prepared in accordance with the provisions of Article 31;
d) Any amendment to the Convention or the Annexes approved in accordance with the provisions of Articles 33 and 34 and the date on which such amendment takes effect;
e) Any statement or notification made in accordance with the provisions of Article 38;
(f) Any notification submitted in accordance with the provisions of Article 39 and the date on which the complaint takes effect;
g) Any other act, notification or communication relating to this Convention.
In accordance with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General of UNESCO.
1. This Convention and its annexes were drawn up in Arabic, Chinese, Spanish, French, English and Russian, with the six texts being equally authentic.
2. The Appendices to this Convention are reproduced in Arabic, Chinese, Spanish, French, English, and Russian.
No reservation incompatible with the object and purpose of this Convention shall be permitted.
Annex I. List of prohibited substances and methods-International standards
Annex II. Rules for the granting of authorisations for use for therapeutic purposes
Appendix 1. World Anti-Doping Code
Appendix 2. International standards for laboratories
Appendix 3. International standard for controls
WORLD ANTI-DOPING AGENCY.
WORLD ANTI-DOPING CODE
LIST 2005 OF PROHIBITED SUBSTANCES AND METHODS
INTERNATIONAL RULES
The official text of the List of banned substances and methods will be updated by the World Anti-Doping Agency (WADA) and will be published in English and French. If there is a discrepancy between the versions of both languages, the English-language version will prevail.
This List came into effect on January 1, 2005
LIST 2005 OF PROHIBITED SUBSTANCES AND METHODS
WORLD ANTI-DOPING CODE
Valid from 1st January 2005
The use of any medicinal product should be limited to those indications that justify it from the medical point of view.
BANNED SUBSTANCES AND METHODS AT ALL TIMES
(IN COMPETITION AND OUT OF COMPETITION)
BANNED SUBSTANCES
S1. ANABOLIZERS
Anabolic substances are banned.
1. Anabolic androgenic steroids (EAA)
a) Exogenous EAA *, including:
18to-homo-17to-hydroxyestr-4-en-3-one; bolasterone; boldenone; boldione; calusterone; clostebol; danazol; dehydromethomethyltestosterone; delta1-androsten 3,17-dione; delta1-androstendiol; delta1-dihydro-testosterone; drostanolone; estanozolol; stenbolone; ethylenediol; fluoxysterone; formebolone; furazabol; gestrinone; 4-hydroxytestosterone sterone; 4-hydroxy-19-nortesterone; mstanolone; mesterolone; methenolone; methandienone; metandriol; methyldienolone; methyltrienolone; methyltestosterone; mibolerone; nandrolone; 19-norandrostendiol; 19-norandrostendione; norboletone; norclostebol; norenentandrolone; oxabolone; oxandrolone; oxymetherone; oxymetholone; quinbolone; tetrahydrogestrinone; Brenbolone and other substances with a similar chemical structure or biological effects.
b) endogenous EAA * *:
androstendiol (androst-5-en-3to, 17to-diol); androstendione (androst-4-en-3.17dione); dehydroepiandrosterone (DHEA); dihydrotestosterone; testosterone and the following metabolites and isomers: 5to-androstan-3to, 17a-diol; 5to-androstan-3toa, 17to-diol; 5to-androstan-3 to, 17to-diol; 5to-androstan-3to, 17to-diol; androst-4-en-3to, 17to-diol; androst-4-en-3to, 17to-diol; androst-4-en-3to, 17to-diol; androst-5-en-3to, 17to-diol; androst-5-en-3to, 17a -diol; androst-5-en-3to, 17to-diol; 4-androstendiol (androst-4-en-3to, 17to-diol); 5androstendione (androst-5-en-3,17-dione); dihydroepitestosterone; 3to-hydroxy-5toandrostan-17-one; 3to-hydroxy-5to-androstan-17-one; 19-norandrosterone; 19 noretiocolanolone.
When the body is able to naturally produce a prohibited substance (from above), a sample will be considered to contain such a prohibited substance. when the concentration of the latter, its metabolites or its markers and/or the corresponding relationships in the sportsman sample deviate from the normal values in the human being and probably not correspond to normal endogenous production. A sample will not be considered to contain a banned substance in cases where the sportsman provides proof that the concentration of the substance prohibited, its metabolites or markers and/or the corresponding relationships in the sportsman sample are attributable to a pathological or physiological cause. In all cases, and for any concentration, the laboratory will report an abnormal analytical result if based on some reliable analytical method, it can show that the banned substance is an exogenous source.
If the result of the laboratory is inconclusive and no concentrations such as those mentioned in the previous paragraph have been measured, the corresponding anti-doping organization will conduct a more intense investigation if there are any obvious indications, such as a comparison with steroidal profiles, of a possible use of a prohibited substance.
If the laboratory has reported the presence of a T/E ratio (testosterone/epittestosterone) greater than four (4 to 1) in the urine, an investigation will be required to determine whether the ratio is due to pathological causes or physiological, except if the laboratory issues an abnormal analytical resultreport, based on any reliable analytical method that demonstrates that the prohibited substance is of exogenous origin.
In case of investigation, a review of any prior and/or subsequent control will be included. If no previous controls are available, the sportsman will be subject to unannounced checks at least three times over a period of three months.
In the event that the sportsman refuses to collaborate on the complementary exams, the sportsman's sample will be considered to contain a prohibited substance.
2. Other anabolic agents, including:
Clenbuterol, zeranol, and zilpaterol.
For purposes of this section:
* "Exogenous" refers to a substance that the organism is not able to produce naturally.
** "Endodena" refers to a substance that the organism is capable of producing naturally.
S2. HORMONES AND OTHER SIMILAR SUBSTANCES
The following substances are prohibited, including other substances whose chemical structure or biological effects are similar, as well as their liberating factors:
1. Erythropoietin (EPO).
2. Growth hormone (hGH), insulin-like growth factor (IGF-1), mechanical growth factors (FGM).
3. Gonadotrophins (LH, hCG).
4. Insulin.
5. Corticotrophins.
Unless the sportsman can demonstrate that the concentration is due to physiological or pathological causes, a sample will be considered to contain a prohibited substance (as detailed above) when the concentration of the prohibited substance or its metabolites or its markers and/or corresponding relationships in the sample exceed the range of values normally found in the human body, so that is unlikely to be due to normal endogenous production.
The presence of other substances with a similar chemical structure or biological effects, diagnostic marker/s or factors releasing one of the above mentioned hormones or any other results indicating that the substance has been detected. is of exogenous origin, it will be communicated as abnormal analytical result.
S3. to-2 agonists
All a-2 agonists, including their D-and L-isomers, are prohibited. In order to be used, it is necessary to have an Authorization for Therapeutic Use.
Formoterol, salbutamol, salmeterol, and terbutaline are excepted by inhalational route to prevent or treat asthma and effort induced asthma or bronchospasm, which require an Authorization for Therapeutic Use. abbreviated.
However, positive analytical result will be considered despite the granting of an Authorization for Therapeutic Use when the laboratory has reported a total concentration of salbutamol (free plus glucuronide) greater than 1,000 ng/ml, unless the sportsman shows that the abnormal result has been a consequence of the therapeutic use of inhaled salbutamol.
S4. ESTROGENIC ANTAGONISTS
The following classes of estrogenic antagonists are prohibited:
1. Aromatase inhibitors, such as (non-exhaustive list), aminogluteshy, anastrozole, exemestane, formtin, letrozole, testolactone.
c2. Selective estrogen receptor modulators (SERM), such as raloxifene, tamoxifen, toremifene.
3. Other substances with antiestrogenic activity, such as (non-exhaustive list) cyclofenyl, clomifene, fulvestrant.
S5. DIURETICS AND OTHER MASKING SUBSTANCES
diuretics and other masking substances are prohibited.
Other masking substances include the following (non-exhaustive list):
diuretics *, epitestosterone,, inhibitors of the to-reductase (p. ex. dutasteride, finasteride), probenedite and plasma substitutes, (such as albumin, dextran, and hydroxyethylstarch).
Among the diuretics are:
acetazolamide, amyloride, bumetanide, canrenone, chlortalidone, spironolactone, etacrinic acid, furosemide, indapamide, metolazone, thiazides (such as bendroflumethiazide, chlorpoxide and hydrochlorothiazide), triamterene and other chemicals or similar biological effects.
* Authorization for therapeutic use will not be valid if the urine of the sportsman contains a diuretic when the concentration of the substance being authorised is equal to or below the limit of positivity.
PROHIBITED METHODS
M1. INCREASED OXYGEN TRANSFER
The following is prohibited:
(a) Blood doping, including autologous, homologous or heterologous blood products, or red blood products of any origin, carried out for purposes other than therapeutic purposes;
b) The use of products that increase the uptake, transport or release of oxygen, such as perfluorocarbons, efaproxiral (RSR13) and modified hemoglobin products (p. E.g., blood substitutes with modified or microencapsulated hemoglobins.)
M2. CHEMICAL AND PHYSICAL HANDLING
The following is prohibited:
The manipulation or manipulation attempt to modify the integrity and validity of the samples collected in the doping controls.
These prohibited methods include intravenous infusions *, catheterization, and urine replacement.
* Intravenous infusions are prohibited except in case of an accredited medical treatment.
M3. GENETIC DOPING
Non-therapeutic use of cells, genes, genetic elements, or modulation of gene expression that have the ability to increase sports performance are prohibited.
PROHIBITED SUBSTANCES AND METHODS IN COMPETITION
In addition to the categories referred to in paragraphs S1 to S5 and M1 to M3, the following categories are prohibited in competition:
BANNED SUBSTANCES
S6. STIMULANTS
The following stimulants are prohibited, as well as their optical isomers (D- and L-), if applicable:
Adrafinil, amifenazole, anfepramone, amphetamine, amphetamine, benzfetamine, bromantan, carfedon, catina *, clobenzorex, cocaine, dimethylamphetamine, ephedrine * *, strychnine, ethylamphetamine, etilephrine, famprofazone, fencanfamine, fenacine, fendimethazine, phenmethazine, fenfluramine, phenmethazine, fenprobex, phentermine, furfenenex, mefenorex, mephentermine, mesocarb, methamphetamine, methylamphetamine, methylenedioxyamphetamine, methylenedioxymethetamine, methylephedrine * *, methylphenidate, modafinil, niquetamide, norfenfluramine, parahydroxyamphetamine, pemoline, prolinane, selegiline, and other chemicals or similar biological effects * **.
* Catina is prohibited when its concentration in urine is greater than 5 micrograms per millilitre.
** Both ephedrine and methylefedrine are prohibited when their urine concentration is greater than 10 micrograms per millilitre.
*** Substances included in the follow-up programme for 2005 (bupropion, caffeine, phenylephrine, phenylpropanolamine, pipradrol, pseudoephedrine and sinephrine) are not considered to be prohibited substances.
NOTE: The use of adrenaline associated with local anesthetics or in local preparations is permitted (p. e.g., nasal or ophthalmic).
S7. NARCOTIC ANALGESICS
The following narcotic analgesics are prohibited:
buprenorphine, dextromoramide, diamorphine (heroin), fentanyl and its derivatives, hydromorphone, methadone, morphine, oxycodone, oxymorphone, pentazocine and pethidine.
S8. CANNABIS AND ITS DERIVATIVES
Cannabis and its derivatives are banned (p. e.g., hashish or marijuana).
S9. GLUCOCORTICOSTEROIDS
The use of any oral, rectal, intravenous or intramuscular glucocorticosteroid is prohibited. Their use requires a grant for authorization for therapeutic use.
All other routes of administration require an authorization for abbreviated therapeutic use.
Dermatological preparations are not prohibited.
BANNED SUBSTANCES IN CERTAIN SPORTS
P1. ALCOHOL
Alcohol (ethanol) is prohibited in competition in sports that are indicated, in analysis performed in expired air and/or blood and from the concentrations that are established for each one. The level from which each Federation considers that there is an infringement is enclosed in parentheses.
-Aeronautics (FAI) (0.20 g/l)
-Automobile (FIA) (0.10 g/l)
-Billar (WCBS) (0.20 g/l)
-Ski (FIS) (0.10 g/l)
-Karate (WKF) (0.10 g/l)
-Motorcycling (FIM) (0.00 g/l)
-Petetan (CMSB) (0.10 g/l)
-Modern Pentathlon (UIPM) (0.10 g/l), in shooting disciplines
-Archery (FITA) (0.10 g/l)
P2. BETABLOQUEBEFORE
Unless otherwise specified in the following sports, beta-blockers in competitionare prohibited:
-Aeronautics (FAI)
-Chess (FIDE)
-Automobile (FIA)
-Billar (WCBS)
-Bobsleigh (FIBT)
-Nine Bolos (FIQ)
-Bridge (FMB)
-Curling (WCF)
-Ski (FIS), in free-style jump and snowboard
-Gymnastics (FIG)
-Free Wrestling (FILA)
-Motorcycling (FIM)
-Swimming (FINA), in synchronized jump and swimming
-Modern Pentathlon (UIPM), in shooting disciplines
-Petan (CMSB)
-Tyre (ISSF) (also prohibited out of competition)
-Archery (FITA) (also banned outside the competition)
-Vela (ISAF) (for Match Race craft patterns only)
Among beta-blockers are found, among others:
acebutolol, alprenolol, atenolol, betaxolol, bisoprolol, bunolol, carteolol, carvedilol, celiprolol, esmolol, labetalol, levobunolol, metipranolol, metoprolol, nadolol, oxprenolol, pindolol, propanolol, sotalol and timolol.
SPECIFICSUBSTANCES *
Specific substances are listed below:
Efedrine, L-methylamphetamine, methylefedrine;
Cannabis and its derivatives;
All a-2 inhaled agonists, except clenbuterol;
Proven;
All glucocorticosteroids;
All beta-blockers;
Alcohol.
* " The List of prohibited substances and methods may include specific substances which may be susceptible to inadvertent infringements of the anti-doping rules due to their frequent appearance in medicinal products or their likelihood of use with The aim of doping is lower. " Infringements of the anti-doping rules relating to these substances may give rise to a reduced penalty, provided that the " ... sportsman can demonstrate that the use of the specific substance is not intended to improve his or her sports performance ... ".
RULES FOR GRANTING AUTHORIZATIONS FOR USE FOR THERAPEUTIC PURPOSES.
Extract from the "INTERNATIONAL RULES FOR THERAPEUTIC USE AUTHORIZATIONS" of the World Anti-Doping Agency (WADA), in force on 1 January 2005
4.0 Criteria for granting Authorizations for Therapeutic Use
An Authorization for Therapeutic Use (AUT) can be granted to a sportsman, allowing you to use a prohibited substance or a prohibited method contained in the substance list and prohibited methods. AUT requests will be reviewed by a Committee on Authorizations for Therapeutic Use (CAUT). The CAUT will be named by a anti-doping organization. Only strict compliance authorisations will be granted with the following criteria:
[Comment: These rules apply to all athletes according to the definition of the Code and in accordance with the provisions of the Code, that is, trained athletes and disabled athletes. These rules will 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 sportsman must submit a AUT request at least 21 days before participating in a event.
4.2 The sportsman would experience significant health injury if the prohibited substance or the prohibited method were not administered during the treatment of a severe or chronic disease.
4.3 The therapeutic use of the prohibited substance or the prohibited method would not lead to an additional improvement in performance, except where the return to a normal state of health after the treatment of a proven disease. The use of a prohibited substance or a prohibited method to increase "below normal" levels of an endogenous hormone is not considered 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 prior non-therapeutic use of a list of prohibited substances and methods.
4.6 The AUT will be canceled by the entity if:
a) The sportsman does not immediately meet the requirements or conditions imposed by the anti-doping organization granting the authorization;
b) The deadline for which the AUTwas granted has expired;
c) The sportsman is communicated that the AUT has been removed by the anti-doping organization.
[Comment: Each AUT will have a specified duration as decided by the CAUT. There may be cases where a AUT has expired or has been withdrawn and the banned substance object of the AUT continue to be present in the athlete's body. In such cases, the anti-doping organization conducting the initial analysis of an adverse finding will consider whether the finding is in accordance with the expiration or withdrawal of the AUT.]
4.7 The retroactive approval AUT requests will not be considered, except in cases where:
a) An emergency treatment or treatment of a serious illness is necessary, or
b) Due to exceptional circumstances, there was neither time nor sufficient opportunity for an applicant to present, or a CAUT to study, a request 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 AUTapplication can be made. mode, circumstances are infrequent requiring that an AUT application be considered without delay due to imminent competition. Anti-doping organizations that grant AUT must have internal procedures that allow for the solution of such situations.]
5.0 Confidentiality of information
5.1 The applicant must provide written consent for the transmission of all information relating to the application to the members of the CUT and, as appropriate, to other independent medical or scientific experts, or to the entire required personnel involved in the management, review, or appeal of the AUTs.
In case the help of external and independent experts is needed, all the details of the request will be communicated without identifying the physician involved in the care of the sportsman. The applicant must also provide written consent for the decisions of the CAUT to be distributed to other relevant anti-doping organizations in accordance with the provisions of the _aj"> code.
5.2 The members of the CAUT and the anti-doping organization involved will carry out all of their activities with strict confidentiality. All members of a CUT and all staff involved will have to sign confidentiality agreements. In particular, they shall keep the following information confidential:
a) All medical information and data provided by the sportsman and physicians involved in the medical care of the sportsman;
b) All details of the request, including the name of the doctors participating in the process.
In case the sportsman wishes to revoke the right of the CAUT or the CAUT of the AMA to obtain any health information on its behalf, the sportsman must notify that fact by written to your doctor. As a result of that decision, the sportsman 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 CAUs will be constituted and acted in accordance with the following guidelines:
6.1 The CAUT will include at least three physicians experienced in medical care and treatment of athletes and with good knowledge of clinical, sports and exercise medicine. To ensure the level of decision independence, most members of the CUT should not have any official responsibility at the anti-doping organization. All members of the CUT 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 CAUs will be able to request the help of those medical experts or scientists they consider appropriate to analyze the circumstances of an AUTrequest.
6.3 The EAC of the AMA shall 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 athletes to whom a anti-doping organization has denied an AUT, will re-examine such decisions with the ability to revoke them.
7.0 Request Procedure for a Therapeutic Use Authorization
7.1 The granting of an AUT will only be considered after receipt of a completed application form that must include all relevant documents (see Appendix 1 printed from AUT). The application procedure must be performed in accordance with the principles of strict medical confidentiality.
7.2 The AUTrequest form, as indicated in Appendix 1, can be modified by anti-doping organizations to include requests for additional information, but cannot be removed sections or any point.
7.3 The AUT application form may be translated into other languages by anti-doping organizations, but English or French must remain on the application forms.
7.4 A sportsman will not be able to target more than one anti-doping organization to request a AUT. The request must indicate the sport of the sportsman and, when corresponds, the discipline and the specific role or role.
7.5 The application must indicate previous and/or current requests for permission for use of a prohibited substance or a prohibited method, the body to which the application was made, and the decision of that body.
7.6 The application must include a complete medical history and the results of all examinations, laboratory investigations and graphic studies relevant to the application.
7.7 Any relevant investigation, examination or further graphic study requested by the CAUT of a anti-doping organization shall be conducted at the expense of the applicant or its national sports body.
7.8 The application must include a suitably qualified physician's statement certifying the need for the prohibited substance or the prohibited method in the treatment of the sportsperson ) and describe 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 administration of the prohibited substance or prohibited method in question should be specified.
7.10 The decisions of the CAUT will be completed within thirty days after receipt of all relevant documentation, and will be transmitted in writing to the sportsman by the . When a AUT has been granted to a sportsman of the selected group of athletes subject to anti-doping organization controls, the sportsman and the AMA immediately obtain an approval that includes information for 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 a AUT granted by a anti-doping organization. The sportsman will provide the AMA CAUT with all the information corresponding to an AUT that was initially delivered to the anti-doping organization, and will also pay a fee of application. Until the review process is complete, the original decision remains in effect. The process should not take more than 30 days after receipt of the information by the AMA;
b) The AMA can perform a review at any time. The AMA CAUT will complete its reviews within 30 days.
7.12 If the decision regarding the granting of a AUT is revoked after review, the revocation will not be applied retroactively and will not disqualify the results of the sportsman during the period when the AUT has been granted, and will take effect 14 days, at the latest, after the decision is notified to the sportsman.
8.0 Short Request Procedure for a Therapeutic Use Authorization (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 with which athletes are frequently confronted. In such cases, a complete application as detailed in Section 4 and Section 7 is not required. Therefore, an abbreviated procedure is set for AUTs.
8.2 The banned substances or the prohibited methods that can be authorised by this abbreviated procedure are strictly limited to the following: Beta2 agonists (formoterol, salbutamol, salmeterol and terbutaline) by inhalation, and glucocorticosteroids by non-systemic pathways.
8.3 To use any of the above substances, the sportsman must provide the anti-doping organization with a medical notification that justifies the therapeutic need. That medical notification, which is contained in Appendix 2, will describe the diagnosis, the name of the medicine, the dose, the route of administration, and the duration of treatment.
Any tests performed to establish that diagnosis (not including actual results or details) will have to be included when applicable.
8.4 The shortcut includes:
a) The approval of the prohibited substance object of the abbreviated procedure is effective from the receipt by the anti-doping organization of a complete notification. Incomplete notifications must be returned to the requester;
b) Once a complete notification is received, the anti-doping organization will inform the sportsmanwithout delay. The FI, FN and ONA of the sportsman (as appropriate) will also be reported. The anti-doping organization will report to the 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 the 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 present, or for a CAUT to receive a request before a anti-doping control.
8.5 a) Review by the CAUT or AMA's AMA can be started at any time during the lifetime of the AUTA;
b) If a sportsman requests a review of a subsequent denial of a AUTA, the AMA's AMA will have the ability to request the sportsman additional medical information that you deem necessary, running the expenses on behalf of the sportsman.
8.6 An AUTA may be cancelled by the CAUT or the AMA, at any time the information is immediately communicated to the sportsman, its FI, and all .
8.7 The cancellation will take immediate effect upon notification of the decision to the sportsman. The sportsman may however request a AUT as provided in section 7.
9.0 Information Center
9.1 The anti-doping organizations must provide the AMA with all AUTs, and all supporting documentation issued in accordance with section 7.
9.2 With respect to AUTA, the anti-doping organizations will be required to provide the AMA with the medical requests submitted by the international level athletes and issued in accordance with the provided in section 8.4.
9.3 The Information Center will ensure the strict confidentiality of all medical information.
EXECUTIVE BRANCH OF PUBLIC POWER
REPUBLIC OF THE REPUBLIC
Bogotá, D. C., at 31 August 2006
Authorized. Submit to the consideration of the honorable Congress of the Republic for the Constitutional effects.
(Fdo.) ALVARO URIBE VELEZ
The Foreign Minister,
(Fdo.) Maria Consuelo Araujo Castro.
DECRETA:
Article 1o. Approve the "International Convention against Doping in Sport", approved by the General Conference of the United Nations Educational, Scientific and Cultural Organization, Unesco, in Paris, 19 October 2005.
Article 2o. In accordance with the provisions of Article 1 of the 7th Act of 1944, the International Convention against Doping in Sport, approved by the General Conference of the Organization of the Nations United for Education, Science and Culture, Unesco, in Paris, on October 19, 2005, which is approved by Article 1 of this Law, will force the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Culture.
The Foreign Minister,
FERNANDO ARAUJO PERDOMO.
The Minister of Culture,
PAULA MARCELA MORENO.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, pursuant to article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on July 14, 2008.
ALVARO URIBE VELEZ
The Deputy Minister of Foreign Affairs, in charge of the Office of the Foreign Minister,
CAMILO REYES RODRIGUEZ.
