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Decree No. 2008-35, January 10, 2008, On The Publication Of The Amendment To The Annex To The Convention Against Doping, Adopted By The Monitoring Group At Its 26Th Meeting On 12 November 2007 In Madrid

Original Language Title: Décret n° 2008-35 du 10 janvier 2008 portant publication de l'amendement à l'annexe de la convention contre le dopage, adopté par le groupe de suivi lors de sa 26e réunion le 12 novembre 2007 à Madrid

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

AFFAIRS AND EUROPEAN , INTERNATIONAL AGREEMENT , ADVANCED , CONVENTION , ANNEX , DOPAGE , EUROPEAN CONVENTION AGAINST DOPAGE , LUTTE AGAINST DOPAGE , SPORT , DOPANT , STIMULANT , SPORTIF , SUBSTANCE DOPANTING , INTERDICTION


JORF no.0010 of 12 January 2008 page 671
text No. 8



Decree No. 2008-35 of 10 January 2008 on the publication of the amendment to the annex to the Convention against Doping, adopted by the follow-up group at its 26th meeting on 12 November 2007 in Madrid (1)

NOR: MAEJ0774703D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/1/10/MAEJ0774703D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/1/10/2008-35/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 91-274 of 13 March 1991 publication of the convention against doping (a whole annex), signed in Strasbourg on 16 November 1989,
Decrete:

Article 1


The amendment to the annex to the Convention against Doping, adopted by the follow-up group at its 26th meeting on 12 November 2007 in Madrid, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex

    AMENDMENT

    TO THE ANNEX OF THE CONVENTION AGAINST DOPAGE, ADOPTED BY THE FIFTH GROUP
    LORS OF ITS 26th MEETING ON 12 NOVEMBER 2007 TO MADRID, SUBMITTED BY 1 JANVIER 2008

    THE USE OF ALL MEDIUMMENT DEVRAIT TO BE LIMITED
    JUSTIFIED INDICATIONS

    SUBSTANCES AND METHODS
    (EN AND COMPETITION HORS)

    Prohibited substances

    S1. Anabolic agents

    Anabolic agents are forbidden.

    1. Androgenic anabolic steroids (SAA)

    (a) Exogenous SAA (*), including:

    1-androstènediol (5α-androst-1-ène-3β,17 β-diol); 1-androstendione (5α-androst-1-ene-3,17-dione); bolandiol (19-norandrostendiol); bolasterone ; boldénone ; boldione (androsta-1,4-diène-3,17-dione) ; calusterone; closed; danazol (17α-ethynyl-17 β-hydroxyandrost-4-eno[2,3-d]isoxazole); dehydrochlormethyltestosterone (4-chloro-17 β-hydroxy-17α-methylandrosta-l,4-diène-3-one) deoxymethyltestosterone (17α-methyl-5α-androst-2-en-17 β-ol); drostanolone; ethylestrenol (19-nor-17α-pregn-4-en-17-ol) ; fluoxymesterone ; formationbolone ; furazabolone (17 β-hydroxy-17α-methyl-5α-androstano[2,3-c]-furazan); gestrinone; 4-hydroxytestosterone (4.17 β-dihydroxyandrost-4-en-3-one) ; mestanolone; mesterolone; méténolone; methane (17 β-hydroxy-17α-methylandrosta-1,4-diène-3-one); methandriol; methasterone (2α,17α-dimethyl-5α-androstane-3-one-17 β-ol); methyldenolon (17 β-hydroxy-17α-methylestra-4,9-diène-3-one); methyl-1-testosterone (17 β-hydroxy-17α-methyl-5α-androst-1-en-3-one); methylnortestosterone (17 β-hydroxy-17α-methylestr-4-en-3-one); methyltrienlone (17 β-hydroxy-17α-methylestra-4,9,11-trine-3-one); methyltestosterone ; mibolerone ; nandrolone ; 19-norandrostendione (estr-4-ene-3,17-dione) ; norboletone; norclostebol; norethandrolone ; oxabolone ; oxandrolone ; oximesterrone; oxymetholone; prostanozol ([3,2-c]pyrazole-5α-etioallocholane-17 β-tetrahydropyranol); quinbolone ; stanozolol ; stenbolone ; 1-testosterone (17 β-hydroxy-5α-androst-1-ène-3-one); tetrahydrogestrinone (18a-homo-pregna-4,9,11-trine-17 β-ol-3-one); trenbolone and other substances having a similar chemical structure or a similar biological effect(s)(s).

    (b) Endogenous SAA (**):

    androstènediol (androst-5-ene-3 β,17 β-diol) androstènedione (androst-4-ene-3,17-dione) ; dihydrotestosterone (17 β-hydroxy-5α-androstan-3-one); prasterone (dehydroepandrosterone, DHEA) testosteroneand the following metabolites or isomers:

    5α-androstane-3α,17α-diol; 5α-androstane-3α,17 β-diol; 5α-androstane-3 β,17α-diol; 5α-androstane-3 β,17 β-diol; androst-4-ene-3α,17α-diol; androst-4-ene-3α,17 β-diol; androst-4-ene-3 β,17α-diol; androst-5-ene-3α,17α-diol; androst-5-ene-3α,17 β-diol; androst-5-ene-3 β,17α-diol;
    4-androstendiol (androst-4-ene-3 β, 17 β-diol) 5-androstendione (androst-5-ene-3,17-dione) ; epi-dihydrotestosterone; 3α -hydroxy-5α -androstan-17-one; 3 β-hydroxy-5α -androstan-17-one; 19-norandrosterone; 19-norétiocholanolone.

    In the case of an androgenic anabolic steroid that can be produced in an endogenous manner, sample be considered to contain this prohibited substance and one result of abnormal analysis will be reported if the concentration of the said prohibited substance or its metabolites or markers and/or any other relevant report in thesport sample differs at such a point from normal values found in man that normal endogenous production is unlikely. In such cases, one sample will not be considered to contain prohibited substance if sport proves that the concentration of substance prohibited or its metabolites or markers and/or any other relevant report in thesport sample is attributable to a physiological or pathological state.
    In all cases, regardless of concentration,sport sample be considered to contain a substance prohibited and the laboratory will report one result of abnormal analysis if, based on a reliable method of analysis (e.g. SMRI), the laboratory can demonstrate that prohibited substance is of exogenous origin. In this case, no further investigation will be required.
    When the value does not deviate from the values normally found in man and the exogenous origin of the substance has not been demonstrated by a reliable method of analysis (e.g. SMRI), but there are strong indications, such as comparison with endogenous reference steroid profiles, of a possible use of a prohibited substance, or when a laboratory made a T/E report greater than four (4) for one (1) and the application of a reliable method of analysis (e.g. SMRI) did not demonstrate that the prohibited substance was of exogenous origin,antidoping organization responsible will conduct a further investigation, which will include a review of all controls previous and/or subsequent.
    When additional analyses are required, the result will be returned by the laboratory as atypical instead of abnormal. If a laboratory demonstrates, through the application of a reliable method of analysis (e.g. SMRI), that the prohibited substance is of exogenous origin, no further investigation will be required and thesport sample be considered as a container prohibited substance. When a reliable method of analysis (e.g. SMRI) has not been applied and a minimum of three results controls previous are not available,antidoping organization responsible shall establish a longitudinal monitoring of sport by at least three controls Inopinated over a three-month period. The result that triggered this longitudinal study will be rendered as atypical. If the longitudinal profile sport subject to these controls complementary is not physiologically normal, the laboratory will then render a result of abnormal analysis.
    In extremely rare individual cases, boldenone can be found in an endogenous way and at very low constant levels of a few nanograms per millilitre (ng/ml) in the urine. When such a very low level of boldenone is reported by the laboratory and the application of a reliable method of analysis (e.g. SMRI) does not demonstrate that the substance is of exogenous origin, a further investigation may be conducted, including a review of all previous and/or subsequent controls.
    For the 19-norandrosterone, result of abnormal analysis rendered by the laboratory is considered a scientific and valid evidence demonstrating the exogenous origin of the prohibited substance. In this case, no further investigation is required.
    If sport refuses to collaborate in the complementary examinations, sample be considered as a container prohibited substance.

    2. Other anabolic agents, including without limitation

    Clenbuterol, selective modulators of androgenic receptors (SARMs), tibolone, zéranol, zilpatrol.
    For the purposes of this document:
    (*) Exogenous means a substance that cannot usually be produced naturally by the human body.
    (**) Endogenous means a substance that can be produced naturally by the human body.

    S2. Hormones and related substances

    The following substances and their release factors are prohibited:
    1. Erythropoietin (EPO);
    2. Growth Hormone (HGH), growth factors similar to insulin (
    e.g. IGF-1), mechanical growth factors (MGFs);
    3. Gonadotrophines
    e.g. LH, hCG), prohibited in sport male only;
    4. Insulins;
    5. Corticotrophins

    and other substances having a similar chemical structure or a similar biological effect(s),
    Unless sport may demonstrate that the concentration was due to a physiological or pathological state, sample be considered as a container prohibited substance (according to the above list) when the concentration of prohibited substance or its metabolites or markers and/or any other relevant report in thesport sample is higher than normal human values and normal endogenous production is unlikely.
    If the laboratory can demonstrate, based on a reliable method of analysis, that prohibited substance is of exogenous origin,sport sample be considered as a container prohibited substance and will be reported as one result of abnormal analysis.

    S3. Beta-2 agonists

    All beta-2 agonists, including their D- and L- isomers, are forbidden.
    As an exception, formoterol, salbutamol, salmeterol and terbutaline, when used by inhalation, require an authorization for use for shortened therapeutic purposes.
    Regardless of the form of authorisation for therapeutic purposes, a concentration of salbutamol (free plus glucuronide) greater than 1,000 ng/ml will be considered as a result of abnormal analysisunless sport proves that this abnormal result is due to the therapeutic use of salbutamol inhaled.

    S4. Antagonists and hormonal modulators

    The following classes of substances are prohibited:
    1. Aromatase inhibitors, including but not limited to : anastrozole, letrozole, aminoglutethhimide, exemestane, formstane, testolactone.
    2. Selective modulators of estrogen receptors (SERMs),
    including but not limited to : raloxifen, tamoxifen, toremifen.
    3. Other anti-oestrogenic substances,
    including but not limited to : clomifene, cyclofenil, fulvestrant.
    4. Myostatin function(s) modifiers,
    including but not limited to Myostatin inhibitors.

    S5. Diuretics and other masking agents

    Agents are forbidden. They include:
    Diuretics (*), epitestosterone, probenecide, alpha-reductase inhibitors (e.g., dutasteride and finasteride), plasma succesnes (e.g. albumin, dextran, hydroxyethylstardon), and other substances having a similar biological effect(s)(s).
    Diuretics include:
    Acetazolamide, amiloride, bumetanide, canrenone, chlortalidone, etacrynic acid, furosemide, indapamide, metolazone, spironolactone, thiazides (e.g. bendroflumethiazide, chlorothiazide, hydrochlorothiazide), triamterene, and other substances having a similar chemical structure or a similar biological effect(s) (except drospernone, which is not prohibited).
    (*) An authorization for use for therapeutic purposes is not valid ifsample urine sport contains a diuretic detected in combination with prohibited substances at their threshold levels or below their threshold levels.

    METHODS

    M1. Improvement of oxygen transfer

    The following is prohibited:
    1. Blood doping, including the use of autologous blood products, counterparts or heterologists, or red blood cells of any origin.
    2. Artificial improvement in the consumption, transport or release of oxygen, including but not limited to perfluorinated chemicals, efaproxiral (RSR13) and modified hemoglobin products (e.g. blood substitutes based on hemoglobin, reticulated hemoglobin products).

    M2. Chemical and physical handling

    1. La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La La falsificationor attempt falsification, to alter the integrity and validity of samples collected during doping controls, is forbidden. This category includes, without limitation, cathterization, substitution and/or alteration of urine.
    2. Intravenous infusion is a prohibited method. In the event of acute medical conditions, making use of this method necessary, an authorization for use for retroactive therapeutic purposes will be required.

    M3. Genetic Doping

    The non-therapeutic use of cells, genes, genetic elements, or modulation of gene expression, with the ability to increase sports performance, is prohibited.

    SUBSTANCES AND METHODS
    IN COMPETITION

    In addition to the categories S1 to S5 and M1 to M3 defined above, the following categories are prohibited in competition:

    SUBSTANCES INTERDITES

    S6. Stimulants

    All stimulants (including their optical isomers [D- and L-] when applicable) are prohibited, with the exception of derivatives of imidazole for topical application and stimulants in the 2008 Surveillance Program (*).
    Stimulants include:
    abrain, abrain, abrain and other substances having a similar chemical structure or a similar biological effect(s).
    (*) The following substances in the 2008 Surveillance Program (bupropion, caffeine, phenylphrine, phenylpropanolamine, pipradrol, pseudoephrine, synephrine) are not considered to be prohibited substances.
    (**)arenalineassociated with local anesthetic agents, or in preparation for local use (e.g. by nasal or ophthalmological), is not prohibited.
    (***) La China is prohibited when its concentration in the urine exceeds 5 micrograms per millilitre.
    (****) TheEphedrine and methylephedrine are prohibited when their respective concentrations in the urine exceed 10 micrograms per millilitre.
    A stimulant not expressly mentioned as an example in this section must be considered as a Specific Substance only if sport may establish that this substance is particularly likely to result in an unintentional violation of anti-doping regulations given its frequent presence in medications, or if it is less likely to be used successfully as a dopant.

    S7. Narcotics

    The following narcotics are prohibited:
    Buprenorphine, dextromoramide, diamorphine (heroin), fentanyl and its derivatives, hydromorphone, methadone, morphine, oxycodone, oxymorphone, pentazocin, penthidine.

    S8. Cannabinoids

    Cannabinoids (e.g., haschisch, marijuana) are prohibited.

    S9. Glucocorticoids

    All glucocorticoids are prohibited when administered by oral, rectal, intravenous or intramuscular. Their use requires authorization for use for therapeutic purposes.
    Other pathways of administration (injection intra-articular, peri-articular, peri-tendental, peri-dural, intradermal and inhalation) require an authorization for use for abridged therapeutic purposes, with the exception of the following routes of administration.
    The topical preparations used to treat dermatological conditions (including iontophoresis/phonophoresis), atrial, nasal, ophthalmological, oral, gingival and peri-analysis are not prohibited and therefore require no authorization for use for therapeutic purposes.

    SUBSTANCES IN SPORTS

    P1. Alcool

    Alcohol (ethanol) is prohibited In competition only in the following sports. The detection will be performed by ethylometry and/or blood analysis. The violation threshold (hematological values) is indicated in brackets. ;
    aeronautical (FAI) (0.20 g/l);
    (FIA) (0.10 g/l);
    • Balls (IPC balls) (0.10 g/l);
    karate (WKF) (0.10 g/l);
    (FIM) (0.10 g/l);
    (UIM) (0.30 g/l);
    – modern pentathlon (UIPM) (0.10 g/l), for the tests including shot;
    - archery (FITA, CPI) (0.10 g/l).

    P2. Beta-blockers

    Unless otherwise stated, beta blockers are prohibited Competition only in the following sports:
    aeronautical (FAI) ;
    - automobile (FIA);
    - billiards (WCBS);
    - bobsleigh (FIBT);
    - balls (CMSB, IPC balls);
    bridge (FMB);
    curling (WCF);
    - gymnastics (FIG) ;
    – struggle (FILA);
    Motorcycling (FIM) ;
    ―motorized (UIM) ;
    – modern pentathlon (UIPM) for the tests including shooting;
    - quilles (FIQ);
    – ski (FIS) for ski jumping, freestyle jump/halfpipe and snowboard halfpipe/big air ;
    shooting (ISSF, IPC) (also prohibited Out of competition)
    ― archery (FITA, CPI) (also prohibited Out of competition)
    ― sailing (ISAF) for racing game only.
    Beta-blockers include but are not limited to:
    Acebutolol, alprenolol, aténolol, betaxolol, bisoprolol, bunolol, cartéolol, carvedilol, celiprolol, esmolol, labétalol, lévobunolol, metipranolol, metoprolol, nadolol, oxprenolol, pindolol, proptalranolol, so

    SPECIAL SUBSTANCES (*)

    Specific substances (*) are listed below:
    - all beta-2 agonists by inhalation, except salbutamol (free plus glucuronide) for a concentration greater than 1,000 ng/ml and clenbutrol (included in section S1.2: Other anabolic agents);
    ― alpha-reductase inhibitors, probenecide;
    cathine, cropropamide, crotetamide, ephedrine, etamivan, famprofazone, heptaminol, isometene, levmethamfetamine, meclofenoxate, p-methylamphetamine, methylephedrine, nicethamide, norfenefrine, octopamine, ortetamine, oxilofrine, sport demonstrates that it meets the conditions described in section S6;
    - cannabinoids;
    – all glucocorticoids;
    alcohol;
    - all beta blockers.

    (*) The Prohibitions List may identify specific substances, which are particularly likely to result in an unintentional violation of anti-doping regulations given their frequent presence in medications, or are less likely to be used successfully as dopent agents. A violation of the anti-doping rules on these substances may result in a reduced penalty if the ... athletic may establish that it has not used such a substance with the intention of improving its sport performance...


Done in Paris, January 10, 2008.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister for Foreign Affairs

and European,

Bernard Kouchner

(1) This amendment entered into force on 1 January 2008.
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