Decree No. 2007-503 Of 2 April 2007 On The Publication Of The International Convention Against Doping In Sport (Two Annexes), Adopted In Paris On 19 October 2005

Original Language Title: Décret n° 2007-503 du 2 avril 2007 portant publication de la convention internationale contre le dopage dans le sport (ensemble deux annexes), adoptée à Paris le 19 octobre 2005

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Keywords

BUSINESS FOREIGN, INTERNATIONAL AGREEMENT, MULTILATERAL AGREEMENT, UNESCO, INTERNATIONAL CONVENTION, DOPING, SPORT, RATIFICATION, ANTI-DOPING, ANTI-DOPING

Legislative Folders




JORF n ° 80 of April 4, 2007 page 6273
Text n ° 7



Decree n ° 2007-503 of 2 April 2007 on the publication of the Convention International anti-doping in sport (set two annexes), adopted in Paris on 19 October 2005 (1)

NOR: MAEJ0730038D ELI: Https://www.legifrance.gouv.fr/eli/decret/2007/4/2/MAEJ0730038D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/4/2/2007-503/jo/texte


The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
In view of Act No. 2007-129 of 31 January 2007 authorizing the ratification of the International Convention against the Doping in sport (two annexes), adopted in Paris on 19 October 2005;
In view of the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by France,
Décrète:

Article 1


The International Convention against Doping in Sport (two annexes), adopted in Paris on 19 October 2005, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister of Business Shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Annex


C O N V E N T I O N
INTERNATIONAL AGAINST DOPING IN SPORT
(BOTH TWO ANNEXES)


The General Conference of the United Nations Educational, Scientific and Cultural Organization Culture, hereinafter referred to as UNESCO, meeting in Paris from 3 to 21 October 2005 at its 33rd session,
Considering that the goal of UNESCO is to contribute to peace and security by promoting cooperation among nations through education, Science and culture,
Referring to existing international human rights instruments,
Considering 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, including paragraph 7,
Recognizing that sport must play an important role 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 to eliminate doping in sport,
Concerned about the use of doping in sport and its impact on sport The health of athletes, the principle of the free play, the elimination of fraud and the future of sport,
Aware that doping endangers the ethical principles and educational values enshrined in the International Charter of Physical Education and UNESCO Sport and the Olympic Charter,
Recalling that the Anti-Doping Convention and its Additional Protocol adopted within the framework of the Council of Europe are the instruments of public international law which are at the origin of the policies National anti-doping and intergovernmental cooperation in this field,
Recalling the recommendations on the question adopted at the second, third and fourth International Conferences of Ministers and Senior Officials Responsible for physical education and sport, organized by UNESCO in Moscow (1988), Punta del Este (1999) and Athens (2004), as well as resolution 32 C/9 adopted by the General Conference of UNESCO at its 32nd session (2003),
Gardening to The spirit of 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,
The influence that elite athletes have on youth,
Bearing in mind the continuing need to conduct and promote research aimed at improving the detection of doping and understanding the factors that Determine the use, in order to maximize the effectiveness of prevention strategies,
Having also presented in mind the importance of continuing education for athletes, athlete support staff and society in its Together to prevent doping,
Aware of the need to give states parties greater means to implement anti-doping programmes,
Aware that public authorities and sports organisations have responsibilities Complementary to the prevention and fight against doping in sport, in particular to ensure the smooth running, in a spirit of fair play, of sporting events and to protect the health of those involved in sport,
Recognizing that Governments and sports organizations must work together to achieve these goals, by ensuring the full independence and transparency of all appropriate levels,
Resolved to continue and strengthen Cooperation to eliminate doping in sport,
Recognizing that the elimination of doping in sport depends, in part, on the progressive harmonization of anti-doping standards and practices in sport and cooperation on a scale National and Global,
Adopts, on October 19, 2005, this Convention.


I
Scope
Article 1
Purpose of the Convention


This Convention is intended to UNESCO's strategy and programme of activities in the field of physical education and sport, to promote the prevention of doping in sport and to combat it with a view to ending it.


Article 2
Definitions


These definitions are understood in the context of the World Anti-Doping Code. In the event of conflict, however, the provisions of the Convention shall prevail.
For the purposes of this Convention:
1. By " Approved laboratories " means laboratories approved by the World Anti-Doping Agency.
2. By " "Anti-Doping Organization" means an authority responsible for the adoption of the rules to be followed to initiate, enforce or enforce any part of the doping control process. This may include, for example, the International Olympic Committee, the International Paralympic Committee, other organizations responsible for major sporting events that carry out tests on this occasion, the World Anti-Doping Agency, the International Olympic Committee, the International Olympic Committee, the International Olympic Committee and the International Olympic Committee. International Federations and National Anti-Doping
. By " Anti-doping rule violation " In sport, one or more of the following violations are defined as:
(a) the presence of a prohibited substance, its metabolites or markers in the body of an athlete;
(b) the use or attempted use of a substance or Prohibited method;
(c) refusing to submit to a sample collection after complying with the anti-doping rules in force, or avoiding it without just cause or avoiding it by any other means;
(d) Violation of the requirements for the availability of athletes for out-of-competition testing, including non-compliance by athletes with the obligation to indicate where they are located and the lack of controls considered to be Obey reasonable rules;
(e) forgery or attempt to tamper with any part of the doping control process;
(f) possession of prohibited substances or methods;
(g) traffic of any substance or Prohibited method;
(h) the administration or attempt to administer a prohibited substance or method to a sportsman, or assistance, encouragement, contest, incitement, concealability or any other form of complicity Causing a violation or an attempt to violate anti-doping rules.
4. For the purposes of doping control, " Sports " Any person who practices a sporting activity at the international level or at a national level as defined by the national anti-doping organisation concerned and accepted by the States Parties, and any other person who practices a sport or Participates in a sporting event at a lower level accepted by the States Parties. For the purposes of education and training, " Sports " Any person who practices sport under the authority of a sport organization.
5. By " Athlete Support Personnel " means any coach, trainer, sporting director, agent, team staff, official, medical or paramedical personnel who work with athletes or who treat athletes participating in a competition Sports or preparing for it.
6. By " Code " means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 in Copenhagen and attached to Appendix 1 to this
. By " Competition " means a test, a match or a single game, or a given sport competition.
8. By " "Doping Control" refers to the process of planning the allocation of controls, collection and handling of samples, laboratory analysis, results management, hearings and appeals.
9. By " Doping in sport " means a case of anti-doping rule violation.
10. By " "Duly accredited doping control teams" means doping control teams operating under the authority of a national or international anti-doping organization.
11. By control " In competition ", in order to differentiate in competition and out of competition, and unless otherwise provided for in the regulations of the International Federation or the Anti-Doping Organization concerned, one shall mean a control to which Submit an athlete designated for this purpose in a given competition.
12. By " International Standard for Laboratories " means the Standard contained in Appendix 2 to this Convention.
13. By " International Standards of Control " means Standards contained in Appendix 3 to this Convention.
14. By " "Unannounced control" means a doping control that takes place without the Athlete's prior warning and during which the Athlete is permanently escorted from his or her notification to the supply of the sample.
15. By " "Olympic Movement" means all those who agree to be guided by the Olympic Charter and who recognise the authority of the International Olympic Committee, namely: the International Federations of Sports on the Programme of the Olympic Games, the National Olympic Committees, Olympic Organising Committees, Athletes, Judges, Arbitrators, Associations and Clubs, as well as all organizations and institutions recognized by the International Committee Olympic.
16. By doping control " Out of competition " means any doping control that does not take place in a competition.
17. By " Prohibited List " means the list of prohibited substances and methods listed in Annex 1 to this Convention.
18. By " Prohibited method " means any method described in the Prohibited List contained in Annex 1 to this Convention.
19. By " Prohibited substance " means any substance described in the Prohibited List set out in Schedule 1 to this Convention.
20. By " Sports organisation " means any organisation responsible for a demonstration in one or more sports disciplines.
21. By " Standard for Therapeutic Use Authorization " means the standard set out in Annex 2 to this Convention.
22. By " "Control" means the part of the overall doping control process including the planning of test distribution, sample collection, sample handling, and transportation to the laboratory.
23. By " Exemption for Therapeutic Use " means an exemption granted in accordance with the Standard for Therapeutic Use Exemption.
24. By " Use " means the application, ingestion, injection or consumption by any other means of a prohibited substance or method.
25. By " World Anti-Doping Agency (WADA) " means the foundation of Swiss law so appointed, established on November 10, 1999.


Article 3
Means of achieving the purpose of the Convention


For the purposes of Convention, the States Parties undertake to: (
) adopt appropriate measures at the national and international levels that comply with the principles set out in the Code;
(b) encourage all forms of international cooperation To protect the athletes and the ethics of sport and to communicate the results of the research;
(c) promote international cooperation between them and organizations that play a leading role in the fight against doping in sport. Sport, especially the World Anti-Doping Agency.


Article 4
Relationship between the Code and the Convention


1. In order to coordinate the implementation of the fight against doping in sport at national and international levels, the States Parties undertake to respect the principles set out in the Code, which serve as the basis for the measures referred to in Article 5 of the Present Convention. Nothing in this Convention shall prevent States Parties from adopting additional measures in addition to the Code.
2. The text of the Code and the most recent version of Appendices 2 and 3 shall be reproduced for information and shall not An integral part of this Convention. The appendices, as such, do not create binding obligations under international law for the States Parties.
3. Annexes are an integral part of this Convention.


Article 5
Measures to achieve the objectives of the Convention



In accordance with the obligations set out in the Agreement, each State Party undertakes to adopt appropriate measures. These measures may include laws, regulations, policies or administrative practices.


Article 6
Relationship to other international instruments


This Convention does not Shall in no way affect the rights and obligations of States Parties arising from other agreements previously concluded and compatible with its object and purpose. This does not affect the enjoyment by other States Parties of their rights under this Convention or the fulfilment of their obligations under this Convention.


II
Anti-Doping Control at Scale National
Article 7
Coordination at national level


States Parties shall ensure the implementation of this Convention, in particular through coordination measures at national level. In order to fulfil their obligations under this Convention, they may rely on anti-doping organisations, as well as on sports authorities and organisations.


Article 8
Limitation of
availability and use in sport of prohibited substances and methods


1. Where appropriate, States Parties shall adopt measures to limit the availability of prohibited substances and methods with a view to restricting their use in sport by athletes, except in the case of an exemption for therapeutic use. They shall, in particular, combat traffic destined for sportsmen and, to this end, endeavour to limit the production, circulation, import, distribution and sale of such substances and methods.
2. States Parties shall adopt measures, Or encourage, where appropriate, the competent bodies within their jurisdiction to adopt measures to prevent and restrict the use and possession by athletes of prohibited substances and methods in sport, unless This use is not authorized for therapeutic use.
3. No measure adopted in accordance with this Convention shall restrict the availability for legitimate purposes of substances and methods whose use is otherwise prohibited or restricted in the field of sport.


Article 9
Measures against
Athlete Support Staff


States Parties themselves take measures, or encourage sports organizations and anti-doping organizations to take action, including Sanctions or penalties, against members of the Athlete Support Framework who commit an anti-doping rule violation or other doping offence in sport.


Article 10
Complements Food


necessary, States Parties shall encourage producers and distributors of food supplements to establish good practices for the marketing and distribution of food supplements, In particular to provide information on the analytical composition of these products and quality assurance.


Article 11
Financial Measures


As required, the States Parties:
(a) Include in their budgets the financing of a national programme of tests in all sports disciplines or help sports organisations and anti-doping organisations to finance anti-doping controls, either by granting them Directly from grants or allowances, or taking into account the cost of such controls when determining the overall amount of such grants or allowances;
(b) do the necessary to withdraw their financial support in the field of Sport for Athletes or Athlete Support Members who have been suspended as a result of an anti-doping rule violation, for the duration of the suspension;
(c) withdraw all or part of their support, financial or otherwise, in the Sports organisation or anti-doping organisation which does not comply with the applicable Code or anti-doping rules adopted in accordance with the Code.


Article 12
Measures to facilitate controls Doping


As necessary, the States Parties:
(a) encourage and facilitate the execution by sports organizations and anti-doping organizations within their jurisdiction of compliant anti-doping controls The provisions of the Code, including random checks and out-of-competition testing and in competition;
(b) encourage and facilitate the negotiation by sports organisations and anti-doping organisations of agreements allowing Doping control teams duly authorised by other countries to submit their members to tests;
(c) undertake to assist sports organisations and anti-doping organisations within their jurisdiction to access a laboratory Approved anti-doping for the analysis of samples taken.


III
International cooperation
Article 13
Cooperation between anti-doping organisations
and sports organisations


States Parties shall encourage cooperation between anti-doping organisations, public authorities and sports organisations within their jurisdiction and those within the jurisdiction of other States Parties in order to achieve The international scale, the purpose of this Convention.


Article 14
Support for the World Anti-Doping Agency's
mission


States Parties undertake to support the World Anti-Doping Agency In its important international anti-doping mission.


Article 15
World Anti-Doping Agency equal funding


States Parties support the principle of Funding of the approved core annual budget of the World Anti-Doping Agency, half by the authorities and half by the Olympic Movement.


Article 16
International cooperation in the fight against Doping


In view of the fact that the fight against doping in sport can only be effective if athletes can be tested unexpectedly and samples sent to laboratories in good time for analysis, States Parties, as appropriate and in accordance with their national laws and procedures:
(a) facilitate the task of the World Anti-Doping Agency and Anti-Doping Organizations working in accordance with the Code, subject to The regulations of the host countries concerned, so that they can carry out doping controls in competition or out of competition with their athletes, either inside or outside their territory;
(b) facilitate cross-border movement in time Appropriate doping control teams when carrying out anti-doping controls;
(c) cooperate to expedite the transport or cross-border shipment of samples in a timely manner to ensure their safety And integrity;
(d) promote the international coordination of anti-doping controls carried out by the various anti-doping organizations, and cooperate with the World Anti-Doping Agency for this purpose;
(e) promote cooperation between the Anti-Doping Organizations. Anti-doping laboratories within their jurisdiction and those under the jurisdiction of other States Parties. In particular, States Parties with accredited anti-doping laboratories shall encourage them to assist other States Parties to acquire the experience, skills and techniques necessary to establish their own laboratories, if they so wish. Wish;
(f) encourage and support the reciprocal testing arrangements between the relevant anti-doping organizations, in accordance with the Code;
(g) mutually agree on the doping control procedures and the methods of Management of the results of any anti-doping organization that complies with the Code, including the resulting sporting sanctions.


Article 17
Voluntary Fund


1. It is created a " Fund for the Elimination of Doping in Sport ", hereinafter referred to as" The Voluntary Fund." It is a deposit fund established in accordance with the UNESCO Financial Regulations. All contributions made by States Parties and other actors are voluntary.
2. The resources of the Voluntary Fund are constituted by:
(a) contributions by States Parties;
(b) Payments, donations or bequests that may be made by:
i) other States;
ii) the organizations and programmes of the United Nations system, including the United Nations Development Programme, and other organizations International;
(iii) public or private organizations or individuals;
(c) any interest due to the resources of the Voluntary Fund;
(d) the proceeds of the collections and the proceeds of events organized in the Profit from the Voluntary Fund;
(e) any other resources authorized by the Settlement of the Voluntary Fund that the Conference of the Parties
. Contributions made by States Parties to the Voluntary Fund shall not replace the amounts they have pledged to pay for their share of the annual budget of the World Anti-Doping Agency.


Article 18
Usage and governance
of the Voluntary Fund


The resources of the Voluntary Fund are allocated by the Conference of the Parties to the financing of activities Approved by the Commission, in particular to assist States Parties in developing and implementing anti-doping programmes in accordance with the provisions of this Convention, taking into account the objectives of the World Anti-Doping Agency, and may serve To finance the operation of the said Convention. Contributions to the Voluntary Fund cannot be accompanied by any political, economic or other conditions.


IV
Education and Training
Article 19
General Principles
Education and Training


1. States Parties shall endeavour, within their means, to support, design or implement education and training programmes on the fight against doping. For the sport community in general, these programs aim to provide timely and accurate information on:
(a) the negative effects of doping on the ethical values of sport;
(b) the health consequences of doping.
2. Athletes and athlete support staff, in particular during the initial training, the education and training programmes, in addition to the above, aim to provide up-to-date and accurate information on:
(a) the procedures of Doping control;
(b) the rights and responsibilities of athletes in the fight against doping, including information on the Code and the policies of relevant sports and anti-doping organisations. This information includes the consequences of an anti-doping rule violation;
(c) the list of prohibited substances and methods, as well as exemptions for therapeutic use;
(d) food supplements.


Article 20
Code of Ethics


States Parties shall encourage competent professional associations and institutions to develop and implement codes of conduct, good practice and Appropriate ethics and compliance with the Code in the fight against doping in sport.


Article 21
Participation of Athletes
and Athlete Support Personnel


States Parties shall promote and, to the extent of their means, support the active participation of Athletes and Athlete Support Personnel in all aspects of the anti-doping work conducted by sports organizations and other organizations And encourage sports organisations within their jurisdiction to do the same.


Article 22
Sports organisations and education
and continuing training in the fight against doping


States Parties shall encourage sports organizations and anti-doping organizations to implement continuing education and training programmes for all Athletes and Athlete Support personnel on the Points referred to in Article 19.


Article 23
Education and training cooperation


States Parties shall cooperate with each other and with the relevant organisations to exchange Need, information, technical skills and experience data relevant to effective anti-doping programs.


V
Search
Article 24
Anti-Doping Research Promotion


States Parties undertake to encourage and promote, within their means, anti-doping research in collaboration with sports organisations and other relevant organisations with regard to:
(a) prevention, The screening methods, the behavioural and social aspects of doping and its impact on health;
(b) the ways and means to develop science-based physical and psychological training programs that respect the integrity of the Person;
(c) the use of all new substances and methods resulting from advances in science.


Article 25
Nature of anti-doping research


By encouraging research Article 24, the States Parties shall ensure that such research is conducted:
(a) in accordance with internationally accepted ethical practices;
(b) avoiding the use of prohibited substances and methods Administered to athletes;
(c) taking appropriate precautions to ensure that its results cannot be abused or used for doping.


Article 26
Exchange of anti-doping research results


In accordance with applicable national and international rules, States Parties, as appropriate, shall communicate the results of the anti-doping research to other States Parties and the World Anti-Doping Agency.


Article 27
Sport Science Research


States Parties encourage:
(a) scientists and the medical profession to conduct research in sport science in accordance with principles Code;
(b) sports organizations and athlete management personnel under their jurisdiction to apply the results of sport science research that are consistent with the principles set out in the Code; and Code.


VI
Monitoring the
Article 28
Conference of the Parties


1. A Conference of the Parties shall be established. The Conference of the Parties shall be the sovereign body of this Convention.
2. The Conference of the Parties shall meet in ordinary session every two years in principle. It may meet in extraordinary session either if it so decides, or upon request by at least one third of the States Parties.
3. Each State Party shall have one vote at the Conference of the
. The Conference of the Parties shall adopt its rules of procedure.


Article 29
Consultative Organization and Observers
to the Conference of the Parties


The World Anti-Doping Agency is invited to The Conference of the Parties as an advisory body. The International Olympic Committee, the International Paralympic Committee, the Council of Europe and the Intergovernmental Committee on Physical Education and Sport (CIGEPS) are invited as observers. The Conference of the Parties may decide to invite other relevant organizations as observers.


Article 30
Conference of the Parties functions


1. In addition to those set out in other provisions of this Convention, the functions of the Conference of the Parties are:
(a) promote the purpose of this Convention;
(b) discuss relations with the World Agency Review the funding mechanisms of the World Anti-Doping Agency's core annual budget. States not parties may be invited to the debate;
(c) adopt a plan for the use of the resources of the Voluntary Fund, in accordance with the provisions of article 18;
(d) review reports submitted by States parties In accordance with Article 31;
(e) shall continuously examine the means of ensuring compliance with this Convention in the light of the development of anti-doping systems, in accordance with Article 31. Any follow-up mechanism or measure that goes beyond the provisions of Article 31 shall be financed by the Voluntary Fund established pursuant to Article 17;
(f) to consider for adoption the draft amendments to the present Convention;
(g) review for approval, in accordance with the provisions of Article 34 of the Convention, the amendments to the Prohibited List and the Standard for Therapeutic Use Licensing adopted by the Agency World Anti-Doping Agency;
(h) define and implement cooperation between the States Parties and the World Anti-Doping Agency within the framework of this Convention;
(i) request the World Anti-Doping Agency to report to the World Anti-Doping Agency The application of the Code at each of its sessions for examination.
2. In carrying out its functions, the Conference of the Parties may cooperate with other intergovernmental bodies.


Article 31
Reports submitted by States Parties
to the Conference of the Parties


Through the Secretariat, the States Parties shall communicate every two years to the Conference of the Parties, in one of the official languages of UNESCO, all Relevant information concerning the measures taken to comply with the provisions of this Convention.


Article 32
Conference of the Parties Secretariat


1. The secretariat of the Conference of the Parties shall be provided by the Director-General of
. At the request of the Conference of the Parties, the Director-General of UNESCO shall, as widely as possible, use the services of the World Anti-Doping Agency, in accordance with modalities established by the Conference of the Parties.
3. The operational costs of the Convention shall be financed from the regular budget of UNESCO within existing resources and at an appropriate level, through the Voluntary Fund established under the provisions of the Convention. Section 17, or an appropriate combination of these resources to be determined every two years. Financing of the secretariat's regular budget expenditures is based on the strict minimum, on the understanding that voluntary funding should also be provided in support of the
. The secretariat shall prepare the documentation for the Conference of the Parties and the draft agenda of its meetings, and shall ensure the execution of its decisions.


Article 33
Amendments


1. Any State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director General shall transmit this communication to all States Parties. If, within six months after the date of transmission of the communication, at least half of the States Parties shall respond favourably to the proposal, the Director General shall submit it to the next session of the Conference of the
. Amendments shall be adopted by the Conference of the Parties by a two-thirds majority of the States Parties present and
. Once adopted, the amendments to this Convention shall be submitted to the States Parties for ratification, acceptance, approval or
. For States Parties which have ratified, accepted, approved or acceded to this Convention, the amendments to this Convention shall enter into force three months after the deposit by two-thirds of the States Parties to the instruments referred to in paragraph 3 of this Article. Thereafter, for each State Party ratifying, accepting, approving or acceding to an amendment, this amendment shall enter into force three months after the date of deposit by the State Party of its instrument of ratification, acceptance, approval or
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 is, in the absence of having expressed a different intention, considered to be:
(a) Part of this Convention as amended;
(b) Party to this Convention not amended in respect of any State Party that is not bound by these amendments.


Article 34
Specific procedure for amendment
to the annexes to the Convention


1. If the World Anti-Doping Agency amends the Prohibited List or the Standard for Therapeutic Use Authorization, it may communicate these changes in writing to the Director General of UNESCO. The Director General shall notify such changes, as proposed amendments to the relevant annexes of this Convention, to all States Parties as soon as possible. Amendments to the Annexes shall be approved by the Conference of the Parties either on the occasion of one of its sessions or by written consultation.
2. The States Parties shall have 45 days from the date of notification of the Director General to make known to the latter their opposition to the proposed amendment, either in writing, in the case of a written consultation, or at a session of the Conference of the Parties. The proposed amendment shall be deemed approved by the Conference of the Parties unless two thirds of the States Parties express their opposition.
3. The amendments approved by the Conference of the Parties shall be notified to the States Parties by the Director General. They shall enter into force 45 days after such notification, except for any State Party which has previously notified the Director General that it does not subscribe to
. A State Party which has notified the Director General that it does not subscribe to an amendment approved in accordance with the provisions of the preceding paragraphs shall remain bound by the annexes as not amended.


VII
Final provisions
Article 35
Federative or non-unitary constitutional systems


The following provisions apply to States Parties with a federal or non-unitary constitutional system:
(a) in respect of the provisions of this Convention whose application falls within the jurisdiction of the federal or central legislative authority, the obligations of the federal or central government shall be the same as those of the States Parties which Are not federal states;
(b) in respect of the provisions of this Convention, the application of which falls within the jurisdiction of each of the constituent states, counties, provinces or cantons, which are not, under the regime The Federal Government, with its favourable opinion, shall, with its favourable opinion, be informed by the competent authorities of the states, counties, provinces or cantons for the purpose of Adoption.


Article 36
Ratification, acceptance, approval or accession


This Convention is subject to the ratification, acceptance, approval or accession of Member States of UNESCO 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. This Convention shall enter into force on the first day of the month following the expiration of one month after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession.
2. For any State which declares Subsequently 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 of deposit of its instrument of ratification, acceptance, approval or


Article 38
Territorial extension of the Convention


1. Any State may, at the time of deposit of its instrument of ratification, acceptance, approval or accession, specify the territory or territories for which it is responsible for international relations and to which this Convention applies.
2. By declaration addressed to UNESCO, any State Party may, at a later date, extend the application of this Convention to any other territory specified in that declaration. With respect to such territory, the Convention shall enter into force on the first day of the month following the expiration of one month after the date of receipt of that declaration by the depositary.
3. Any declaration made under the two preceding paragraphs may, in respect of any territory mentioned therein, be withdrawn by notification addressed to UNESCO. The withdrawal shall enter into force on the first day of the month following the expiration of one month after the date of receipt of that notification by the depositary.


Article 39
Denunciation


All State Party may denounce this Convention. The denunciation shall be notified by a written instrument deposited with the Director-General of UNESCO. It shall take effect on the first day of the month following the expiration of six months after the date of receipt of the instrument of termination. It does not alter the financial obligations of the State Party concerned until the date on which the withdrawal takes effect.


Article 40
Depositary


The Director-General of UNESCO Is the depositary of this Convention and of the amendments thereto. In its capacity as depositary, it shall inform the States Parties to this Convention and the other Member States of the Organization:
(a) of the deposit of any instrument of ratification, acceptance, approval or accession;
(b) of the Date of entry into force of this Convention under Article 37;
(c) of any report established pursuant to the provisions of Article 31;
(d) any amendment to the Convention or annexes adopted under Articles 33 and 34 and The date of entry into force of the said amendment;
(e) of any declaration or notification made under the provisions of Article 38;
(f) any notification made under the provisions of Article 39 and the date on which the Termination 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 United Nations, this Convention shall be registered in the Secretariat of the United Nations at the request of the Director General of UNESCO.


Article 42
Authentic Texts


1. This Convention, including the Annexes, shall be established in English, Arabic, Chinese, Spanish, French and Russian, the six texts being equally authentic.
2. The Appendices to this Convention shall be drawn up in English, Arabic, Chinese, Spanish, French and Russian.


Article 43
Reservations


No reservations are allowed that are incompatible with the object and purpose of this Convention.


A N N E X E I
PROHIBITED SUBSTANCES AND METHODS IN PERMANENT
(in and out of competition)


A was published in JORF on March 25, 2005 by Order No. 2005-267 dated March 21, 2005.


A N N E X E I I
STANDARD FOR
AUTHORIZATION FOR THERAPEUTIC PURPOSES


Excerpt from " International Standard for Therapeutic Use Authorization " Of the World Anti-Doping Agency (WADA); effective January 1, 2005,
4.0. Therapeutic Use Authorization Criteria:
A Therapeutic Use Authorization (TUE) may be granted to an Athlete to use a Prohibited Substance or Prohibited Method as defined in the List of Prohibitions. A TUE application will be reviewed by a Therapeutic Use Licensing Committee (TUE). The TUE will be appointed by an Anti-Doping Organization. An authorization will be granted only in strict agreement with the following criteria:
[Comment: This standard applies to all Athletes as defined by the Code and subject to the Code, including Athletes with Disabilities. This standard will be applied according to individual conditions. For example, a bona fide authorization for a disabled athlete may not be valid for other athletes.]
4.1. The athlete should submit a TUE application at least 21 days before participating in a demonstration.
4.2. The Athlete would suffer significant health harm if the Prohibited Substance or Method was not administered as part of the Management of Acute or Chronic Conditions.
4.3. The therapeutic use of the prohibited substance or method shall not produce any improvement in performance other than that attributable to the return to normal health after the treatment of a proven medical condition. The use of any Prohibited Substance or Prohibited Method to increase naturally low levels of endogenous hormones is not considered to be an acceptable therapeutic
. There shall be no permitted therapeutic alternative to the normally prohibited substance or method.
4.5. The need to use the normally prohibited substance or method should not be a partial or total consequence of the previous non-therapeutic use of Prohibited List substances.
4.6. The TUE will be cancelled by the organization having granted it if:
(a) the Athlete does not comply promptly with any application or condition imposed by the Anti-Doping Organization that granted the authorization;
(b) the period of authorization to use the For therapeutic purposes has expired;
(c) the Athlete is informed that the TUE has been cancelled by the Anti-Doping Organization.
[Comment: Each TUE will have a specific duration defined by the TUE. It is possible that a TUE has expired or has been cancelled and the Prohibited Substance covered by the TUE is still present in the Athlete's organization. In such cases, the anti-doping organization conducting an adverse outcome investigation will attempt to determine whether the result is compatible with the expiry or cancellation date of the TUE.]
4.7. A request for a TUE cannot be approved retrospectively, except for the following:
(a) medical emergency or treatment of an acute pathological condition, or
(b) if due to exceptional circumstances, there was no Sufficient time or opportunity for the applicant to submit, or for the TUE to study, an application prior to doping control.
[Comment: Medical emergencies or acute pathological conditions requiring the administration of a Normally prohibited substance or method before a TUE application can be made is rare. Similarly, circumstances requiring a prompt review of a TUE application due to upcoming competitions are infrequent. Anti-doping organizations that issue TUEs should have internal procedures to deal with such situations.]
5.0. Confidentiality of information.
5.1. The applicant shall give written permission to forward all information relating to the application to the members of the TUE and, where applicable, to other independent medical and scientific experts, or to staff involved in the management, Review or appeal procedures for TUEs.
If independent experts are required, all details of the application will be forwarded to them, without identifying the athlete involved. The requesting athlete must also give written consent to allow the TUE members to communicate their findings to other relevant anti-doping organizations under the Code.
5.2. The members of the CAUT and the administration of the Anti-Doping Organization concerned shall conduct all their activities in a confidential manner. All members of a TUE and all staff involved will sign a confidentiality clause. In particular, the following information will be strictly confidential:
(a) all medical information or data provided by the Athlete and his attending physician;
(b) all details of the application, including the name of the physician
If an athlete objects to the application of the TUE or the TUE of WADA to obtain any health information on his behalf, the Athlete must notify his/her attending physician in writing. As a result of such a decision, the Athlete will not obtain approval or renewal of a TUE.
6.0. Therapeutic Use Licensing Committees (TUE)
The TUEs will be constituted and will act in accordance with the following guidelines:
6.1. The TUEs must include at least three physicians with experience in the care and treatment of athletes, as well as a solid knowledge and practice of clinical and sport medicine. In order to ensure the independence of decisions, a majority of members should not have official responsibilities in the anti-doping organization of the CAUT. All members of a TUE will be required to sign a declaration of non-conflict of interest. In TUE applications involving disabled athletes, at least one of the members of the TUE should have specific experience in the care of disabled athletes.
6.2. Members of a TUE may request the advice of medical or scientific experts that they consider appropriate in the analysis of any TUE application.
6.3. WADA's TUE will be formed according to the criteria set out in Article 6.1.
WADA's TUE is established to review, on its own initiative, the decisions of anti-doping organizations. At the request of any Athlete to whom a TUE has been refused by an Anti-Doping Organization, the WADA CAUT will review that decision, with the authority to reverse it under section 4.4 of the
. Procedure for the Application for Therapeutic Use (TUE)
7.1. A TUE will be considered only upon receipt of a completed application form which must include all related documents (see Annex 1-TUE Form). The application procedure should be dealt with strictly in accordance with the principles of medical
. The TUE application form (s) in Schedule 1 may be amended by anti-doping organizations to include additional requirements for information purposes, but no section or section should be removed from the schedule 1.
7.3. The TUE application form (s) may be translated into other languages by anti-doping organizations, but English or French must remain on the form (s).
7.4. An athlete cannot submit a TUE application to more than one anti-doping organization. The application must identify the athlete's sport and, where applicable, its discipline and position or its particular role.
7.5. The application must include any application in progress and/or prior authorization to use a normally prohibited substance or method, the organization with which the application was made, and the decision of that
. The application must include a clear and detailed medical history that includes the results of any examination, laboratory analysis or imaging studies related to the application.
7.7. All additional and relevant examinations, supplementary searches or imaging studies, as requested by the Anti-Doping Organization's TUE, shall be made at the expense of the applicant or its national responsible
. The application must include a certificate from a qualified medical practitioner confirming the need for the prohibited substance or method in the treatment of the athlete and describing why an authorized therapeutic alternative cannot or could not Be used in the processing of its state.
7.9. The dosage, frequency, route and duration of administration of the normally prohibited substance or method shall be specified.
7.10. The decisions of the TUE should be made within 30 days of receipt of the application accompanied by all necessary documentation and shall be transmitted in writing to the Athlete by the relevant Anti-Doping Organization. Where a TUE has been granted to an Athlete belonging to the Registered Testing Pool, the Athlete and WADA shall promptly receive a certificate of approval, including information concerning the duration of the TUE. Authorization and all conditions associated with this AUT.
7.11. (a) Upon receipt of a request for review by an Athlete, the WADA CAUT shall have the authority, as specified in Article 4.4 of the Code, to reverse a decision concerning a TUE granted by an Anti-Doping Organization. The Athlete shall provide WADA's TUE with all the information submitted at the request of the TUE initially submitted to the Anti-Doping Organization and shall be free from WADA of the lump sum required. As long as the review process is not completed, the original decision remains in effect. The process should not take more than 30 days following the receipt of the information by WADA.
(b) WADA may initiate a review at any time. WADA's TUE should finalize its review within 30 days.
7.12. If the decision on the grant of a TUE is reversed as a result of the review, this change will not have retroactive effect and will not nullify the Athlete's results during the period in which the TUE was granted, and this decision will enter into No later than 14 days after the Athlete has been notified of the
. Abridged Application for Therapeutic Use (AUTA)
8.1. It is recognized that some substances included in the List of Prohibited Substances are used to treat common medical conditions commonly encountered in the sport population. In such cases, a full application as described in Section 4 and Section 7 is not required. As a result, a short TUE request process is established.
8.2. Prohibited substances and methods which may be the subject of the abbreviated process are strictly limited to beta-2 agonists (formoterol, salbutamol, salmeterol and terbutaline) by inhalation, and to glucocorticoids by means of administration not
8.3. In order to obtain authorization to use any of the above substances, the Athlete must provide the Anti-Doping Organization with a medical certificate justifying the therapeutic need. This medical certificate, as described in Appendix 2, must indicate the diagnosis, the name of the drug, the dosage, the route of administration, and the duration of the treatment.
If possible, diagnostic tests will be required. Be mentioned (without indicating the results or details).
8.4. The abbreviated procedure involves the following:
(a) the authorization to use prohibited substances subject to the abbreviated process shall enter into force upon receipt of a complete application by the Anti-Doping Organization. Incomplete applications will be returned to the applicant;
(b) upon receipt of a complete application, the Anti-Doping Organization will promptly inform the Athlete. The International Sports Federation, its national federation, and the National Anti-Doping Organization will also be notified in an appropriate manner. The Anti-Doping Organization will notify WADA only upon receipt of an application from an international level athlete;
(c) an application for AUTA cannot be approved retrospectively, except for the following:
-medical emergency Or treatment of an acute pathological condition, or
-if due to exceptional circumstances, there was insufficient time or opportunity for the applicant to submit, or for the TUE to study, an application prior to the control of the Doping.
8.5. (a) A review by the TUE of the organization or by the WADA CAUT may be initiated at any time during the validity of an AUTA.
(b) If the Athlete requests a review of the refusal of an AUTA, WADA's TUE may request the Athlete to provide Additional medical information as required, at the expense of the athlete.
8.6. An AUTA may be cancelled by the TUE or the WADA CAUT at any time. The Athlete, his International Federation and any relevant Anti-Doping Organization shall be notified
. The cancellation will take effect as soon as the athlete has been informed of the decision. However, the Athlete may submit a TUE application as described in Section 7.
9.0.
9.1 Information Center. Anti-doping organizations must provide WADA with all TUEs, as well as all supporting documentation in accordance with Section 7.
9.2. For the AUTA, the Anti-Doping Organizations shall provide WADA with the medical applications submitted by the International Athletes in accordance with Section 8.4.
9.3. The information center will ensure the strict confidentiality of all medical information.


Done at Paris, April 2, 2007.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Dominique de Villepin

The Minister for Foreign Affairs,

Philippe Douste-Blazy


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