Keywords foreign, INTERNATIONAL agreement, agreement MULTILATERAL, UNESCO, international CONVENTION, DOPING, SPORT, RATIFICATION, fight against the DOPING, doping cases statutory legislative Ordinance No. 2010-379, April 14, 2010 record JORF n ° 80 of April 4, 2007 page 6273 text no. 7 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 October 19, 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 of Foreign Affairs, pursuant to law No. 2007-129, January 31, 2007 authorizing the ratification of the international convention against doping in sport (two annexes) adopted in Paris on 19 October 2005;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: 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 Foreign Minister are responsible, each in relation to the implementation 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 the DOPING in the SPORT (all two ANNEXES) the General Conference of the United Nations Organization for education, science and culture, hereinafter referred to as UNESCO, meeting in Paris from 3 to 21 October 2005 at its 33rd session, whereas the aim of UNESCO is to contribute to peace and security by promoting collaboration among nations through education , science and culture, referring to existing international instruments relating to human rights, whereas resolution 58/5 adopted by the United Nations General Assembly on 3 November 2003, on sport as a means to promote education, health, development and peace, particularly its paragraph 7, conscious that sport should play a role important in the protection of the health in moral, cultural and physical education and in promoting international understanding and peace, noting the need to encourage and coordinate international cooperation in order to eliminate doping in sport, concerned by the use of doping in sport and its consequences on the health of the athletes, the principle of fair play, the elimination of fraud and the future of the sport Aware that doping puts at risk the ethical principles and educational values embodied in the International Charter of physical education and sport of UNESCO and the Olympic Charter, recalling that the Convention against doping and its additional protocol adopted in the framework of the Council of Europe are public international law instruments which are at the origin of the national anti-doping policies and intergovernmental cooperation in the matters , Recalling the recommendations 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), in 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) Bearing in mind the World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on doping in sport in Copenhagen, March 5, 2003, and the Copenhagen Declaration against doping in sport, also aware of the influence the top athletes have on youth, bearing in mind the continuing need to conduct and promote research with the aim is to better detect doping and understand the factors that determine the use, in order to give all the possible strategies of prevention effectiveness, also bearing in mind the importance of continuing education of athletes, staff supervision of athletes and the society as a whole to prevent doping, aware of the need to give States parties the capacity to implement programmes doping, aware that public authorities and sports organisations have responsibilities additional to what is to prevent and to combat doping in sport, in particular to ensure the proper conduct, in a spirit of fair play, of sports events and to protect the health of those taking part, knowing that the public authorities and sports organisations must work together to achieve these objectives, ensuring the independence and transparency at all appropriate levels Resolved to pursue and strengthen cooperation to eliminate doping in the sport, knowing that the elimination of doping in sport depends in part of progressive harmonisation of standards and anti-doping practices in sport and cooperation across national and global, adopted, on 19 October 2005, this Convention.
I scope Article first goal of the Convention this Convention is designed, the strategy and the programme of activities of UNESCO in the field of physical education and sport, to promote the prevention of doping in sport and the fight against this phenomenon to put an end to.
Article 2 Definitions these definitions agree in the anti-doping world Code context. In the event of conflict, however, the provisions of the Convention prevail.
For the purposes of this Convention: 1. "accredited anti-doping laboratories" means laboratories accredited by the World Anti-Doping Agency.
2. by 'anti-doping organization' means a body responsible for the adoption of rules to follow to upgrade on the way, apply or enforce any part of the doping control process. This can for example be the international Olympic Committee, the Committee international Paralympic, other responsible organizations of major sporting events that shall carry out controls on this occasion, the World Anti-Doping Agency, international federations and National Antidoping organizations.
3. by "anti-doping rule violation" in sport means one or more of the following violations: (a) the presence of a prohibited substance or its metabolites or markers in an athlete's body.
(b) the use or attempted use of a substance or a prohibited method;
(c) the refusal to submit to a sampling after notification consistent with the anti-doping rules in force, or the fact to evade without valid justification or to avoid by any other means;
(d) violation of the requirements of availability of athletes for the out-ofcompetition testing, including failure to comply with the sportsmen of the obligation to indicate the place where they are located and the fact of missing controls considered they are obedient to reasonable rules;
(e) tampering or attempted tampering with any part of the doping control process;
(f) the possession of substances and methods prohibited;
(g) trafficking in any prohibited substance or method forbidden;
(h) the administration or attempted administration of a substance or prohibited method to any athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving a violation or any attempted anti-doping rule violation.
4. for the purposes of doping control, means "sports" anyone who practice a sport at the international level or at a national level as defined by the national anti-doping organisation concerned and agreed by the States parties, and any other person who practices a sport or participate in a sporting event at a lower level accepted by States parties. For the purposes of education and training, means "sports" anyone who practices a sport under the authority of a sports organisation.
5 "personal coaching of athletes", means any coach, trainer, Manager, agent, team staff, official, medical or paramedical personnel who work with sportsmen or dealing with athletes participating in a sports competition or themselves.
6. by "Code", means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen and attached to Appendix 1 to this Convention.
7 "competition" means proof, a match, a single part or a sporting competition.
8. by 'doping control', mean the process encompassing the distribution planning, sample collection and handling, laboratory, analysis results, hearings and appeals management.
9. by "doping in sport" means a case of violating the anti-doping rules.
10. «duly authorized doping control teams», means the teams of doping control operating under the authority of an anti-doping organization national or international.
11. by control "in competition", to differentiate in competition and out of competition, and unless otherwise provided for this purpose in the regulations of the international federation or anti-doping organization concerned, means a control which must undergo an athlete designated for this purpose in a given competition.
12. by "International Standard for laboratories", means the Standard set out in Appendix 2 to this Convention.
13. by "International standard for testing" means the Standards contained in Appendix 3 to this Convention.
14. by "unannounced", means a doping control which takes place without prior warning to the athlete and where it is escorted at all times from notification through sample provision.
15. by 'Olympic movement' means all those who agree to be guided by the Olympic Charter and who recognize the authority of the international Committee Olympic, namely: the international federations of sports on the programme of the Olympic Games, the National Olympic committees, organising committees for the Olympic Games, athletes, judges, officials, associations and clubs, as well as all organizations and institutions recognized by the international Olympic Committee.
16. controlled anti-doping 'out of competition' means any doping control which is not part of a competition.
17. "Prohibited list" means the list of substances and methods prohibited in annex 1 of this Convention.
18. "prohibited method", means any method described in the list of the prohibitions contained in annex 1 to this Convention.
19. by 'prohibited substance' means any substance described in the list of the prohibitions contained in annex 1 to this Convention.
20. by 'sports organization' means any organization responsible for an event in one or several sports.
21 'Standard for the authorization of use for therapeutic purposes' means the standard contained in annex 2 to this Convention.
22. "control" means the part of the overall process of doping control including test distribution planning, sample collection, sample handling and its transport to the laboratory.
23. by "therapeutic use exemption", means an exemption granted in accordance with the Standard for the authorization of use for therapeutic purposes.
24. by 'use' means the application, ingestion, injection or consumption by any means of a prohibited substance or prohibited method.
25. by "World Anti-Doping Agency (WADA)», means the Foundation under Swiss law so named, incorporated on November 10, 1999.
Article 3 means to achieve the purpose of the Convention for the purposes of this Convention, States parties undertake to: (a) adopt appropriate measures at national and international that conform to the principles enunciated in the Code;
(b) encourage all forms of international cooperation to protect athletes and the ethics of the sport and to communicate the results of research;
(c) promote international cooperation between them and the organizations that play a leading role in the fight against doping in sport, in particular the World Anti-Doping Agency.
Article 4 relationship between the Code and the Convention 1. To coordinate the implementation of the fight against doping in sport at the national and international levels, States parties undertake to respect the principles set out in the Code, which serve as basis for the measures referred to in article 5 of this Convention. Nothing in this Convention prevents States parties to adopt additional measures in addition to the Code.
2. the text of the Code and the latest version of appendices 2 and 3 are reproduced for information purposes and are not an integral part of this Convention. Appendices, as such, do not create any binding obligation in international law for States parties.
3. the annexes are an integral part of this Convention.
Article 5 measures to achieve the objectives of the Convention in accordance with the obligations of this Convention, each State party undertakes to adopt appropriate measures. These measures may include laws, regulations, policies or administrative practices.
Article 6 relationship with other international instruments this Convention does not affect the rights and obligations of States parties which arise from other agreements previously concluded and consistent with its object and purpose. This shall affect neither the enjoyment by other States parties of their rights under the present Convention, or execution of their obligations under it.
II anti-doping campaign at the national level Article 7 Coordination at the national level States parties ensure the application of this Convention, inter alia through measures of coordination at the national level. To fulfil their obligations under this Convention, they can rely on anti-doping organizations, as well as the authorities and sports organisations.
Article 8 Limitation of availability and use in sport of substances and prohibited methods 1. Where appropriate, States parties adopt measures to restrict the availability of substances and prohibited methods to restrict use in sport by athletes, except in the case of therapeutic use exemption. They struggle against traffic destined for sportsmen and, to this end, endeavour to limit the production, movement, importation, distribution and sale of such substances and methods.
2. States parties shall adopt measures, or encourage, where appropriate, the competent bodies under their jurisdiction to adopt measures, to prevent and restrict the use and possession by the athletes of prohibited substances and methods prohibited in sport, unless such use is authorized by a therapeutic use exemption.
3. any measure adopted pursuant to this Convention restricts the availability to legitimate purposes of substances and methods whose use is otherwise prohibited or limited in the field of sport.
Article 9 measures against the States parties athletes support personnel taking measures or encourage sports organizations and anti-doping organizations to take measures, including sanctions or penalties against members of the supervision of athletes who commit a violation of anti-doping rules or other offence connected with doping in sport.
Article 10 supplements as necessary, States parties shall encourage producers and distributors of nutritional supplements to establish best practices for marketing and the distribution of such supplements, including information on the analytic composition of these products and quality assurance.
Article 11 financial measures as necessary, States parties: (a) join their budget funding for a national program of controls in all sports or assist sports organizations and anti-doping organizations in financing doping controls, either by providing direct subsidies or allowances, or taking into account the cost of such controls when determining the total amount of these grants or allowances;
(b) are necessary to withdraw their financial support in the field of sport athletes or members of the supervision of athletes who have been suspended as a result of a violation of anti-doping rules for the duration of the suspension;
(c) remove all or part of their support, financial or otherwise, in the field of sport to any sports organization or anti-doping organization which does not respect the Code or applicable anti-doping rules adopted pursuant to the Code.
Article 12 measures to facilitate doping controls as necessary, States parties: (a) encourage and facilitate the implementation by sports organizations and anti-doping organizations under their jurisdiction of doping checks in accordance with the provisions of the Code, including unannounced and out of competition and in competition controls;
(b) encourage and facilitate the negotiation by sports organizations and anti-doping organizations of agreements permitting the doping control teams duly approved in other countries to submit their members checks;
(c) undertake to assist sports organizations and anti-doping organizations within their jurisdiction to access an anti-doping laboratory accredited for the purposes of the analysis of samples.
III International Cooperation Article 13 Cooperation between anti-doping organizations and sports organizations States parties encourage cooperation between anti-doping organizations, public authorities and sports organisations which fall within their jurisdiction and those within the jurisdiction of other States parties in order to achieve, at the international level, the purpose of the present Convention.
Article 14 support to the mission
World Anti-Doping Agency States parties undertake to support the World Anti-Doping Agency in its important mission of fight against doping at the international level.
Article 15 funding in equal parts of the world agency anti-doping States parties support the principle of the funding of the annual core budget approved by the World Anti-Doping Agency, half by the Government and half by the Olympic movement.
Article 16 International Cooperation in the fight against doping knowing that the fight against doping in sport cannot be effective if athletes can be controlled unexpectedly and samples sent in a timely manner to laboratories for analysis, States parties, as appropriate and in accordance with their legislation and national procedures: (a) facilitate the task of the World Anti-Doping Agency and organizations anti-doping working in compliance with the Code subject to the regulations of the host countries concerned, to enable them to carry out checks of doping in competition or out of competition with their athletes, on their territory or outside;
(b) facilitate the cross-border movement in time of doping control teams duly approved when carrying out anti-doping controls;
(c) cooperate to accelerate the transport or the cross-border shipment in due time of the samples to ensure the security and integrity;
(d) promote the international coordination of doping controls carried out by the various anti-doping organizations, and cooperate with the World Anti-Doping Agency to this end;
(e) promote cooperation between doping control laboratories within their jurisdiction and those within the jurisdiction of other States parties. In particular, States parties with accredited anti-doping laboratories should encourage them to help other States parties to acquire the experience, skills and techniques necessary to create their own laboratories, if they so wish;
(f) encourage and support arrangements for reciprocal testing between anti-doping organizations concerned, in accordance with the Code;
(g) recognize mutually the doping control procedures and methods of management of the results of any anti-doping organization which comply with the Code, including the sport sanctions resulting therefrom.
Article 17 voluntary fund 1. There is hereby established a "Fund for the elimination of doping in sport", hereinafter referred to as "the voluntary fund". It is a funds-in-trust established in accordance with the financial regulations of UNESCO. All contributions made by the States parties and other actors are of a voluntary nature.
2. the resources of the Voluntary Fund consist of: (a) the contributions of the States Parties;
((b) payments, gifts or legacies that will be able to: i) other States;
(ii) organizations and programmes of the system of the United Nations, including the program of the UN for development, as well as of other international organizations;
(iii) organizations public or private or private individuals;
(c) any interest due on the resources of the voluntary fund;
(d) the proceeds of collections and receipts from events organized for the benefit of the voluntary fund;
(e) all other resources authorized by the rules of the Fund of voluntary contributions that the Conference of the Parties establishes.
3. the contributions made by States parties to the voluntary fund does not replace the sums that they are committed to pay to carry their share of the annual budget of the Agency world anti-doping.
Article 18 use and governance of the voluntary fund resources of the voluntary fund are allocated by the Conference of the Parties to the financing of activities it will be approved, particularly to help States parties to develop and implement anti-doping programmes in accordance with the provisions of this Convention, taking into account the objectives of the World Anti-Doping Agency, and can be used to finance the operation of the Convention. Contributions to the voluntary fund may not be accompanied by any political, economic or other conditions.
IV. Education and training Article 19 General principles in education and training 1. States parties are working within their means, to support, devise or implement programmes of education and training on the fight against doping. For the sporting community in general, these programmes aim to provide updated and accurate information on: (a) the negative effects of doping on the ethical values of sport;
(b) the consequences of doping on health.
2. for athletes and support personnel of athletes, especially during initial training, the education and training programmes, in addition to the foregoing, are intended to give up-to-date and accurate information on: (a) doping control procedures;
(b) the rights and responsibilities of athletes in the fight against doping, including information on the Code and policies of sports and anti-doping organisations competent. These information include the consequences of a violation of the anti-doping rules;
(c) the list of substances and prohibited methods, as well as for therapeutic use exemptions;
(d) food supplements.
Article 20 Codes ethical States parties shall encourage relevant associations and professional institutions to develop and implement codes of conduct, good practice and ethics appropriate and consistent with the Code in the fight against doping in sport.
Article 21 involvement of athletes and athlete support personnel States parties promote and, to the extent of their means, support active participation of athletes and support personnel of the athletes in all aspects of the fight against doping conducted by organizations sports and other relevant organizations, and encourage sports organizations within their jurisdiction to do the same.
Article 22 sports organizations and education and continuous training in the fight against doping. the States parties encourage sports organizations and anti-doping organizations to implement programs of education and continuous for all sportsmen training and support personnel of the athletes on the points referred to in article 19.
Article 23 Cooperation in education and training States parties shall cooperate among themselves and with the relevant organizations to Exchange, as appropriate, information, expertise and experience data to effective anti-doping programs.
V Research Article 24 Promotion of anti-doping research States parties undertake to encourage and promote, within their means, the anti-doping research in collaboration with the organizations sports and other relevant organizations in relation to: (a) prevention, screening methods, the behavioural and social aspects of doping and its consequences on health.
(b) ways and means to develop scientific physical and psychological training programmes that respect the integrity of the person;
(c) the use of all new substances and methods from the progress of science.
Article 25 Nature of anti-doping research by promoting anti-doping research referred to in article 24, States parties shall ensure that this research is conducted: (a) in accordance with the ethical practices internationally recognized;
(b) avoiding that substances and prohibited methods are administered to athletes;
(c) taking adequate precautions so that its results can not be misused nor be used for doping.
Article 26 exchange of the results of anti-doping research in compliance with national and international rules applicable, States parties, as appropriate, make known the results of anti-doping research to other States parties and the World Anti-Doping Agency.
Article 27 research in sports science States parties shall encourage: (a) scientists and the medical community to conduct research in sport science in accordance with the principles contained in the Code;
(b) sports organisations and staff of the athletes under their jurisdiction to apply the results of sport science research that are consistent with the principles set out in the Code.
VI. follow-up of the Convention Article 28 Conference of the Parties 1. A Conference of Parties shall be established. The Conference of the Parties is 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 itself so decides, or at the request of one third of the States Parties.
3. each State party shall have one vote in the Conference of the Parties.
4. the Conference of the Parties adopted its rules of procedure.
Article 29 Advisory and observer organization to the Conference of the Parties
The World Anti-Doping Agency is invited to the Conference of the Parties as an advisory organization. The international Olympic Committee, the Committee international Paralympic, the Council of Europe and the Intergovernmental Committee for physical education and sport (CIGEPS) there are invited as observers. The Conference of the Parties may decide to invite other relevant organizations as observers.
Article 30 functions of the Conference of the Parties 1. Addition to those set forth in other provisions of this Convention, the functions of the Conference of the Parties are as follows: (a) promote the purpose of the present Convention;
(b) discuss relations with the World Anti-Doping Agency and study the mechanisms of financing of the annual budget of the world Agency's core anti-doping. States non-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) consider reports submitted by States parties in accordance with article 31;
(e) keep under review the means to ensure respect of the Convention taking into account the evolution of anti-doping systems, in accordance with article 31. Any mechanism or any follow-up action that goes beyond the provisions of article 31 is financed by the voluntary fund established under article 17;
(f) consider for adoption the draft amendments to this Convention;
(g) consider for approval, in accordance with the provisions of article 34 of the Convention, amendments to the prohibited list and the Standard for the authorization of use for therapeutic purposes adopted by the World Anti-Doping Agency;
(h) define and implement cooperation between States parties and the World Anti-Doping Agency under this Convention;
(i) request the World Anti-Doping Agency to submit a report on the implementation of the Code at each of its sessions for examination.
2. in the exercise of its functions, the Conference of the Parties may cooperate with other intergovernmental organizations.
Article 31 reports submitted by the States parties to the Conference of the Parties through the Secretariat, States parties shall communicate every two years to the Conference of the Parties, in one of the official languages of UNESCO, all relevant information on the measures they have taken to comply with the provisions of this Convention.
Article 32 Secretariat of the Conference of the Parties 1. The secretariat of the Conference of the Parties is provided by the Director-general of UNESCO.
2. at the request of the Conference of the Parties, the Director-general of UNESCO uses as widely as possible to services of the World Anti-Doping Agency, on terms laid down by the Conference of the Parties.
3. the Convention-related operating expenses are funded by the regular budget of UNESCO within existing resources and at an appropriate level, by the voluntary fund established under the provisions of article 17, or an appropriate combination of these resources to be determined every two years. The financing of the expenses of the secretariat from the regular budget is done on the basis of the strict minimum, being understood that voluntary funding should also be made in support of the Convention.
4. the secretariat shall prepare the documentation of the Conference of the Parties as well as the draft agenda of its meetings, and it ensures the implementation 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 transmits this communication to all States parties. If, within six months following the date of transmission of the communication, the half at least of States parties responded favourably to the proposal, the Director-general introduces her to the next session of the Conference of the Parties.
2. the amendments were adopted by the Conference by a majority of two-thirds of the States parties present and voting.
3. once adopted, amendments to this Convention are subject to the States parties for ratification, acceptance, approval or accession.
4. for parties which have ratified, accepted, approved or acceded, 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 that ratifies, accepts, approves an amendment or accedes thereto, amendment enter into force three months after the date of deposit by the State party of its instrument of ratification, acceptance, approval or accession.
5. a State which becomes a party to the present Convention after the entry into force of amendments in accordance with paragraph 4 of this article is, lack of expression of a different intention, be considered as being: (a) party to this Convention as amended;
(b) party to this Convention not amended with respect to any State party which is not bound by these amendments.
Article 34 specific amendment Procedure for the annexes to the Convention 1. If the World Anti-Doping Agency modifies the prohibited list or the Standard for the authorization of use for therapeutic purposes, it can communicate these changes in writing to the Director-general of UNESCO. The Director-general shall notify such changes as amendment proposals in the relevant annexes of the Convention to all States parties as soon as possible. Amendments to the annexes are approved by the Conference of the Parties on the occasion of one of its sessions, either by way of written consultation.
2. States parties have a period of 45 days from the notification of the Director general to publicize their opposition to the proposed amendment to the latter, either in writing, in the event of written consultation, or at a session of the Conference of the Parties. The proposed amendment is deemed approved by the Conference of the Parties unless two-thirds of the States parties make known their opposition.
3. the amendments approved by the Conference of the Parties shall be notified to States parties by the Director-general. They come into force 45 days after this notification, except for any State party which has previously notified the Director general that he agreed not.
4. a State party that has notified the Director general that he did not agree to an amendment approved in accordance with the provisions of paragraphs previous remains bound by such annexes as not amended.
VII final provisions Article 35 constitutional Regimes federal or non-unitary provisions below apply to States parties that have a federal or non-unitary constitutional system: (a) the provisions of this Convention of which the application falls within the competence of the federal legislative power or central, obligations of the federal or central Government shall be the same as those of the States parties which are not federal States;
(b) in relation to the provisions of this Convention of which the application falls within the competence of each of the States, counties, provinces or constituent cantons, which are not, under the constitutional system of the federation, bound to take legislative measures, the federal Government, with its favourable opinion, these provisions to the attention of the competent authorities of the States counties, provinces or cantons for adoption.
Article 36 Ratification, acceptance, approval or accession this Convention is subject to ratification, acceptance, approval or accession by 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.
Article 37 entry into force 1. This Convention comes into force the first day of the month following the expiration of a period of one month after the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession.
2. for any State which later agrees to be bound by this Convention, it become effective the first day of the month following the expiration of a period of one month after the date of the deposit of its instrument of ratification, acceptance, approval or accession.
Article 38 territorial Extension of the Convention 1. Any State may, when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories which it ensures 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 the declaration. Relation to one such territory, the Convention comes into force the first day of the month following the expiration of a period of one month after the date of receipt of the declaration by the depositary.
3. any declaration made under the two preceding paragraphs may, relatively to any territory which is mentioned, be withdrawn by a notification addressed to UNESCO. The withdrawal comes into force the first day of the month following the expiration of a period of one month after the date of receipt of the notification by the depositary.
Article 39 denunciation any State party has the right to denounce this Convention. The denunciation shall be notified by a written instrument deposited with the Director-general of UNESCO. It takes effect on the first day of the month following the expiration of a period of six months after the date of receipt of the instrument of denunciation. It does not change the financial obligations of the State party concerned until the date on which the withdrawal takes effect.
Article 40 depositary the Director-general of UNESCO shall be the depositary of this Convention and amendments y related. In his capacity as depositary, it shall inform the States parties to this Convention and other States members of the Organization: (a) the deposit of any instrument of ratification, acceptance, approval or accession;
(b) from the date of entry into force of this Convention under article 37;
(c) of any report prepared under the provisions of article 31;
(d) of any amendment to the Convention or annexes adopted pursuant to sections 33 and 34 and the date of entry into force of that amendment;
(e) 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 denunciation takes effect;
(g) to any other Act, notification or communication relating to this Convention.
Article 41 registration pursuant to 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.
Article 42 authentic 1. This agreement, including the annexes, is established in English, Arabic, Chinese, Spanish, french and Russian, the six texts being equally authentic.
2. the appendices to the Convention are established in English, Arabic, Chinese, Spanish, french and Russian.
Article 43 reservations it is accepted a reservation incompatible with the object and purpose of the Convention.
A N N E X E I SUBSTANCES and methods prohibited at all times (in and out of competition) was published in the JORF of March 25, 2005 by Decree No. 2005-267 of March 21, 2005.
A N N E X E I I STANDARD for the use of purposes therapeutic excerpt from the "international Standard for therapeutic use authorization" of the World Anti-Doping Agency (WADA); into force on January 1, 2005 4.0. Criteria for authorization of therapeutic use: permission to use for therapeutic use exemption (Tue) may be granted to an athlete so he could use a prohibited substance or method such as defined in the list of prohibitions. An application for a Tue will be studied by a Committee for permission to use for therapeutic purposes (TUEC). The TUEC will be appointed by an anti-doping organization. An authorisation will be granted only in strict accordance with the following criteria: [comment: this standard applies to all such athletes as defined by the Code and subject to it, including handicapped athletes.] This standard will be applied according to individual conditions. For example, an authorization justified for a disabled athlete may not be for other athletes.]
4.1. the athlete should submit an application for a Tue at least 21 days before participating in an event.
4.2. the athlete would suffer a significant health damage if the substance or a prohibited method was not administered in support of an acute or chronic medical condition.
4.3. the therapeutic use of the substance or a prohibited method must produce no performance improvement other than due to the return to a normal state of health following the treatment of a proven pathological condition. The use of any substance or prohibited method to increase levels naturally low endogenous hormone is not considered an acceptable therapeutic intervention.
4.4. There must not be authorized therapeutic alternative alternative to the substance or to the normally prohibited method.
4.5. the necessity of using the prohibited substance or method normally must not be a consequence of prior non-therapeutic use of substances on the prohibited list.
4.6. the Tue will be cancelled by the Organization granted if: (a) the athlete does not promptly conform to any demand or condition imposed by the anti-doping organization having granted the authorisation;
(b) the authorization of therapeutic use has expired;
(c) the athlete is advised that the Tue has been withdrawn by the anti-doping organization.
[Comment: each Tue will have a specified duration as decided upon by the TUEC.] It is possible that a Tue has expired or has been cancelled and that the prohibited substance covered by the AUT is always present in the body of the athlete. In such cases, the anti-doping organization which is conducting an investigation on the abnormal result will attempt to determine if the result is consistent with expiry or withdrawal of the Tue.]
4.7. a Tue application cannot be approved in retrospect, with the exception of the following cases: (a) emergency medical or treatment of an acute pathological condition, or (b) if due to exceptional circumstances, there has not been enough time or possibility for the applicant to submit, or for the TUEC to consider, an application prior to doping control.
[Comment: medical emergencies or acute pathological conditions requiring the administration of a prohibited substance or method normally until a Tue application can be made are rare.] Similarly, circumstances requiring a quick study of a Tue application due to imminent competition are infrequent. Anti-doping organizations that deliver Tues should have internal procedures that allow to cope with such situations.]
5.0. confidentiality of information.
5.1. the applicant must provide written consent to transmit all information pertaining to the application to members of the TUEC and, if applicable, other medical experts and independent scientists, or the staff involved in the management, review or appeal of Tues.
If it is necessary to involve independent experts, all the details of the request will be transmitted to them, without identifying the athlete. The applicant athlete must also give his consent in writing to members of the TUEC to communicate their findings to other anti-doping organizations concerned, under the Code.
5.2. the members of the TUECS and the administration of the relevant anti-doping organization will conduct all their activities in strict confidence. All members of a TUEC and all involved staff will sign a confidentiality clause. In particular, the following information will be strictly confidential: (a) all information or medical data provided by the athlete and his doctor;
(b) the details of the application, including the name of the doctor involved in the process.
If an athlete is opposed to requests for the TUEC or the TUEC of the AMA to obtain any information of health on his behalf, the athlete shall notify his doctor in writing. As a result of such a decision, the athlete will not get approval or renewal of an existing Tue.
6.0 committees for the authorisation of use for therapeutic purposes (TUEC) the TUEC will be established and will act in accordance with the following guidelines: 6.1. TUECS should include at least three physicians with experience in the care and treatment of athletes, as well as a strong knowledge and practice of clinical, sports and medicine. In order to ensure the independence of decisions, a majority of the members should not have official responsibilities in the anti-doping organization TUEC. All members of a TUEC will sign a declaration of interest fatally. In applications involving disabled athletes, at least one TUEC member must possess specific experience with the care for disabled athletes.
6.2. the members of a TUEC may request medical or scientific expertise they deem appropriate in the analysis of the circumstances of any application for a Tue.
6.3 the TUEC of the AMA will be formed according to the criteria set out in section 6.1.
The TUEC of the WADA is established to review, on its own initiative, the decisions by anti-doping organizations. At the request of any sport in which a Tue denied by an anti-doping organization TUEC of the WADA will review that decision, with the authority to overturn the article 4.4 of the Code.
7.0 procedure of authorization for use in therapeutic use exemptions (Tues)
7.1 a Tue will be considered only after receipt of a duly completed application form that must include all supporting documents (see annex 1 - Tue form). The application procedure should be treated strictly according to the principles of medical confidentiality.
7.2. the annex 1 Tue application forms can be modified by anti-doping organizations to include additional requirements for intelligence purposes, but no section or article shall be removed from Annex 1.
7.3. the (or the) Tue application form (s) may be translated into other languages by anti-doping organizations, but the English or the french must remain on the (or the) form (s).
7.4. an athlete may submit a Tue application to more than one anti-doping organization. The application must identify sport the athlete and, if applicable, its discipline and its position or its particular role.
7.5. the application must include any request current and/or previous authorization to use a substance or a normally prohibited method, the body to which the request was made, and the decision of this body.
7.6. the application must include a clear, detailed medical history including the results of any examination, analysis of laboratory or imaging studies, related to the application.
7.7. all relevant and complementary exams further research or imaging studies requested by the TUEC of the anti-doping organisation will be made at the expense of the applicant or its national agency.
7.8. the application must include a certificate from a physician confirming the need for the substance or method forbidden in the treatment of the athlete and describing why an alternative treatment permitted cannot or may not be used in the treatment of his condition.
7.9. the dosage, frequency, route and duration of administration of the substance or normally prohibited method must be specified.
7.10. the decisions of the TUEC should be made within 30 days of receipt of the application together with all necessary documentation and must be sent in writing to the athlete by the relevant anti-doping organization. Where a Tue has been granted to an athlete as part of the target group of the testing, the athlete and the AMA will receive in the shortest time a certificate of approval including information on the duration of the approval and conditions associated with this AUT.
7.11. (a) A receipt of a request for reconsideration on the part of an athlete, the TUEC of the WADA will have the authority, as specified in article 4.4 of the Code, to reverse a decision on a Tue granted by an anti-doping organization. The athlete will provide to the TUEC of the WADA all information submitted upon application for AUT submitted initially to the anti-doping organization and be set free from the WADA of the lump sum required. As long as the revision process is not completed, the original decision remains in force. The process should not take more than 30 days after the receipt of the information by the AMA.
(b) the AMA can initiate a review at any time. The TUEC of the WADA shall complete its review within 30 days.
7.12 if the decision regarding the granting of a TUE is reversed upon review, this change is not retroactive and will not invalidate the results of the athlete during the period during which the Tue was granted, and this decision will enter into force no later than 14 days after that the athlete will be notified thereof.
8.0 abridged procedure of authorization for therapeutic use exemption (ATUE) 8.1. It is acknowledged that some substances that are part of the list of prohibited substances are used to treat common pathological States encountered frequently in the sports population. In such cases, a detailed application as described in section 4 and section 7 is not required. Therefore, an abbreviated Tue application process is established.
8.2. the substances and methods prohibited subject of the abbreviated process are strictly limited to beta-2 agonists (formoterol, salbutamol, salmeterol and terbutaline) by inhalation, and glucocorticosteroids by non systemic routes of administration.
8.3. for permission to use one of the above substances, the athlete must provide to the anti-doping organisation a medical certificate justifying the therapeutic necessity. This certificate medical, as described in Appendix 2, shall indicate the diagnosis, the name of the drug, dosage, route of administration and duration of treatment.
If possible, the examinations for the diagnosis should be mentioned (without indicating the results or details).
8.4. the abridged procedure involves the following: (a) the authorisation of use of prohibited substances subject to the abbreviated process is effective 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 shall quickly notify the athlete. The international federation of the athlete, his national federation, as well as the national organization anti-doping will be also notified appropriately. The anti-doping organization will notify the AMA only upon receipt of a request from an international level athlete;
(c) a request for AUTA cannot be approved in retrospect, with the exception of the following cases:-medical emergency or treatment of an acute pathological condition, or - if due to exceptional circumstances, there has not been enough time or possibility for the applicant to submit, or for the TUEC to consider, an application prior to doping control.
8.5 (a) a review by the TUEC of the organization or by the TUEC of the AMA can be initiated at any time during the validity of an ATUE.
(b) if the athlete requests a review of the refusal of an ATUE, the TUEC of the AMA may ask the athlete to provide additional medical information if necessary, at the expense of the athlete.
8.6 a ATUE may be cancelled by the TUEC or the TUEC of the WADA at any time. The athlete, his international federation and any relevant anti-doping organization will be notified immediately.
8.7. the cancellation will take effect as soon as the athlete will be informed of the decision. However, the athlete may submit an application for a Tue according to the terms of section 7.
9.0 Clearinghouse 9.1. Anti-doping organizations shall provide to the WADA all Tues, and documentation support in accordance with section 7.
9.2 regarding the ATUES, anti-doping organizations shall provide to the WADA medical applications submitted by international athletes in accordance with section 8.4.
9.3. the information centre will ensure the strict confidentiality of all medical information.
Done at Paris, April 2, 2007.
Jacques Chirac by the President of the Republic: the Prime Minister, Dominique de Villepin, Foreign Minister Philippe Douste-Blazy