Advanced Search

Law No. 552 Of 30 November 2004 On Preventing And Combating Doping In Sport

Original Language Title:  LEGE nr. 552 din 30 noiembrie 2004 privind prevenirea şi combaterea dopajului în sport

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
LEGE no. 552 552 of 30 November 2004 on the prevention and control of doping in sport
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 1.215 1.215 of 17 December 2004



The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) This law regulates the prevention and control of doping in sport. (2) Dopage in sport is: a) the use of a substance and/or methods that are potentially harmful to the health of athletes and/or improve their performance; b) present in the body of the athlete of a prohibited substance or its metabolites. (3) According to the regulations of the International Olympic Committee of the Anti-Doping Convention of the Council of Europe and the World Anti-Doping Code, developed by the World Anti-Doping Agency, doping in sport for reasons of an ethical and medical nature is prohibited + Article 2 Within the meaning of the present law, the following terms and expressions are defined as follows: a) sport-any person who participates in sports activities at international, national or lower level; b) international sports-athlete designated by an international sports federation as part of the doping test sample of that federation; c) personnel from the athlete's entourage-coaches, instructors, managers, staff from the technical staff, medical personnel and officials working with athletes; d) national anti-doping organization-responsible entity, at national level, with the promotion and coordination of anti-doping policy in sport, management of biological sampling activity, management of results on tests carried out and with management of hearings; e) doping control-the process that includes planning of testing, collection and transportation of biological samples, laboratory analysis, results management, hearings and calls; f) doping control in the competition-a doping test in which athletes are selected to be tested in relation to a certain competition; g) doping control outside the competition-any doping testing that is not carried out in the competition; h) doping control target-doping testing of some athletes who are selected on a basis governed by the specific rules of performing these tests, such as athletes whose performances have improved surprisingly quickly or those whose coaches have had several athletes found positive on doping tests; i) doping control without prior notice-doping testing that is carried out without any prior warning of the athlete and during which the athlete is accompanied at all times, starting with the moment of announcement until the biological sample is taken; j) control officer-the person empowered by the National Anti-Doping Agency to carry out the doping control; k) biological sample-any biological material harvested in order to carry out the doping control; l) doping testing-part of the process of conducting doping control, involving the planning of tests, the collection of biological samples, their handling and transport to the doping control laboratory; m) the list of doping-the list which names the prohibited substances and methods n) the prohibited substance/method (doping substance)-the substance/method contained in the doping list, which has led or is likely to lead to artificially increasing the performance of the athlete and/or presenting a real or potential risk to health the athlete; o) special substances-substances that may be the subject of unintentional violations of anti-doping regulations, because they are widely used in the making of drugs, and whose use for doping purposes is unlikely; p) international standard-standard adopted by the World Anti-Doping Agency to implement the provisions of the World Anti-Doping Code; q) positive results found-analysis report issued by a doping control laboratory certifying the presence in a biological sample of a prohibited substance or its metabolites and markers, including significant amounts of endogenous substances or evidence of the use of prohibited methods; r) metabolite-any substance produced in the body following a biodegradation process; s) marker-a compound/group of biological compounds or parameters indicating the use of prohibited substances and/or methods; s) provisional hearing-hearing that takes place immediately after the receipt of a positive result at the doping control, carried out by the anti-doping commission of the national sports federation, and which precedes the actual hearing; t) provisional suspension-temporary prohibition of participation of the athlete or other person in competitions, until the final decision is taken following the hearing conducted in accordance with the provisions of this law; t) suspension-prohibition for a fixed period of participation of the athlete or other person in competitions or other sports activities; u) disqualification-invalidation of the results obtained by athletes in a certain competition or sports events, with all the consequences arising from it, including the withdrawal of medals, points and prizes; v) falsification-modification or irregular influence of the results of the doping control or preventing the normal conduct of the usual doping testing procedures; w) use-application, ingestion, injection or consumption by any means of any prohibited substance and/or methods; x) therapeutic exceptions-situations in which the national anti-doping organization may approve the use of a substance and/or methods prohibited to athletes who present a medically proven condition, for therapeutic purposes. + Chapter II National Anti-Doping Agency + Article 3 In order to combat the doping phenomenon in sport, the National Anti-Doping Agency, a public institution with legal personality, financed from extra-budgetary income and allowances granted from the state budget, based in the municipality Bucharest, bd. Bessarabia no. 37-39, Sector 2. + Article 4 National Anti-Doping Agency has the following objectives a) preventing and combating, at national level, the doping phenomenon; b) encouraging the practice of a clean sport in order to protect the health of athletes and respect the principles of fairplay in sport. + Article 5 In order to achieve the proposed objectives, the National Anti-Doping Agency shall carry out a) develop the national anti-doping strategy b) submit proposals for the harmonization of national anti-doping legislation with international regulations; c) initiates, supports financially and/or promotes, as the case may be, educational and doping prevention programs in sport; d) ensure the application of concrete measures to sanction doping in sport; e) initiates, financially supports and/or encourages programs to promote fairplay in sports; f) encourages sports structures and the Romanian Olympic Committee in the adoption of coherent and uniform testing programs; g) collaborate with public authorities and institutions, with national and international governmental and non-governmental organizations with tasks in the field; h) proposes to public authorities and institutions measures that can be taken in order to intensify the fight against illicit trafficking of doping substances; i) publish annually the list of prohibited substances and methods, in accordance with the World Anti-Doping Agency list; j) publish and update annually, in collaboration with the Ministry of Health, the list of pharmaceutical specialties authorized and marketed in Romania, which have a component of doping substances; k) establishes the annual national doping testing program, in competition and outside the competition, which includes all national and international athletes; l) draw up the list of national and international athletes, their addresses and training places; m) organizes and performs the doping controls both within the competitions and outside them, except for the controls carried out by the international federations during the international competitions organized on the territory of Romania; n) plan and ensure the conduct of hearings of athletes likely to violate the anti-doping regulation in a fair and equitable framework, in accordance with the legislation in force and with international standards; o) designate the doping control laboratories to carry out the analyses of the samples collected from the tests; p) approves the therapeutic exceptions for national athletes, at the written request of the anti-doping commissions in the national sports federations and/or leagues. For international athletes, send the files submitted, for approval, to the World Anti-Doping Agency; q) communicates to the World Anti-Doping Agency the cases of doping reported among Romanian athletes, nationally or internationally; r) elaborate the methodological norms on the organization and conduct of doping controls s) ensure the training and improvement of doping control officers, as well as the issuance of an attestation in this regard; t) presents annually a report of activity to the Government and Parliament; u) periodically organize actions on informing, preventing and combating the phenomenon of doping in sport; v) initiates and promotes research activities to eradicate doping in sport. + Article 6 Public radio and television stations shall provide the National Sports Agency and the National Anti-Doping Agency with an emission space of at least 30 minutes weekly, of which 50% at maximum audience hours, for the dissemination of materials Promotional prevention and control of doping in sport. + Article 7 The management of the National Anti-Doping Agency is carried out by the Governing Council, as a decision + Article 8 (1) The Board of Directors of the National Anti-Doping Agency has 9 members, as follows: a) President; b) two representatives of the National Agency for Sport; c) a representative of the Romanian Olympic Committee; d) a representative from the field of pharmacology, designated by the Ministry of e) a representative of the Doping Control Laboratory, designated by the National Research Institute for Sport; f) a representative from the field of sports medicine, designated by the Ministry of Health; g) a representative of performance athletes, designated by the Romanian Olympic Committee; h) a representative of the national sports federations, designated by the Romanian Olympic Committee. (2) The activity of the board of directors is headed by the president, who is also the president of the National Anti-Doping Agency, appointed by the (3) The mandate of the members of the board of directors is 4 years and is irrevocable, except in cases where they lose the quality for which they were appointed. (4) The members of the board of directors shall be obliged to observe + Article 9 (. The Board of Directors shall meet in regular meetings on a quarterly basis and in extraordinary meetings whenever necessary, at the request of the President or at least two thirds of the members. ((2) The convocation to the meetings of the board of directors shall be made at least 5 working days before and shall necessarily include the agenda to be debated and the necessary documentation. ((. The decisions of the Governing Board shall be adopted with the vote of at least two thirds of the members. In the event of a tie, the chairman of the board shall have the vote. + Chapter III Medical assistance of athletes + Article 10 Specialist doctors sports medicine and nurses in the entourage of athletes must pay special attention to their medical treatment and comply with the following rules: a) not to recommend, not to prescribe or not to administer drugs that have prohibited substances in their composition, when they can be replaced by others that do not contain such substances; b) not to recommend, not to prescribe or not to collaborate on the use of prohibited methods that are included on the doping list; c) prevent the use by athletes of prohibited substances and/or methods; d) to inform the athletes and national sports federations responsible for the administered medication, composition and effects on the body; e) to inform the responsible national sports federation, as well as the National Anti-Doping Agency if they suspect a sportsman that they would use prohibited substances and/or methods, in order for it to be subject to target controls. + Article 11 The national or international athlete must state his quality, at any medical consultation, of any nature. + Article 12 (1) The National Anti-Doping Agency ensures for all national athletes the conduct of a procedure whereby those who present a medically proven condition and who require the use of a prohibited substance and/or methods to be able to request exemption for use for therapeutic purposes. (2) These requests are evaluated in accordance with international standards on therapeutic exceptions. + Chapter IV Approval and publication of doping list + Article 13 The doping list is approved by order of the President of the National Agency for Sport and enters into force on the date of publication in the Official Gazette of Romania, + Article 14 (1) The National Anti-Doping Agency publishes the doping list whenever changes appear in the list published by the National Anti-Doping Agency. (2) The National Anti-Doping Agency is required to inform in writing all the responsible factors in the sports movement on any changes in the doping list. (3) Changes in the doping list are subject to approval by order of the President of the National Sports Agency. + Chapter V Doping Control + Article 15 The doping control, in competition and outside the competition, is carried out according to the annual national program established by the National Anti-Doping Agency, in compliance with the international standard for testing of the World Anti-Doping Agency + Article 16 (1) The doping control may be requested by: a) National Anti-Doping Agency; b) National Agency for Sport; c) Romanian Olympic Committee; d) national sports federations, clubs or professional leagues; e) other organizers of sports events, which are not included in a federal framework. (2) The doping control is requested by the National Anti-Doping Agency or a doping control laboratory only with the opinion of the National Anti-Doping (3) The procedure for conducting doping control is regulated in the methodological norms regarding the organization and conduct of doping control, which is elaborated by the National Anti-Doping Agency. (4) In the case of emergency referrals, the President of the National Anti-Doping Agency is empowered to decide on doping control. + Article 17 (1) The doping tests may be carried out only by authorized doping control officers, who have completed a refresher course and hold an attestation in this regard, issued by the National Anti-Doping Agency. (2) The liability for the collection and transportation of samples belongs to the National Anti-Doping Agency. (3) The biological sample collected after the doping testing is divided into two containers, called sample A and sample B. (4) The analysis of biological samples and the issuance of the analysis bulletin shall be made by the Doping Control Laboratory of the National Research Institute for Sport, in accordance with the international standard for laboratories of the World Agency Antidoping. + Article 18 (1) The athlete participating in a sports competition is obliged to undergo doping control, in accordance with the provisions of this law. (. National recorders may be approved only after the doping control has been carried out on the athlete concerned. (3) The target doping controls and those outside the competitions can be carried out at any time and without notice, in all places and premises where physical and sports activities are carried out. + Article 19 Doping control shall be carried out in appropriate spaces to ensure the minimum conditions laid down by international standards for testing. + Article 20 (1) The result of the laboratory analysis shall be issued in the form of an analysis report signed by the head of the doping control laboratory or, failing that, by his deputy. (2) The result of the doping control shall be communicated to the sports structure that has ordered the control, as well as to the National Anti- (3) In the case of a positive result, the National Anti-Doping Agency informs the athlete concerned and the responsible national sports federation, the National Sports Agency and the Romanian Olympic Committee. + Article 21 The athlete has the right to ask for the analysis of the B sample or, if he gives up this right, gives a written statement in this regard. + Article 22 (1) The National Anti-Doping Agency shall conduct a hearing procedure for the athlete or person from his entourage, accused of committing an anti-doping regulation. (2) The hearing procedure is conducted according to the principles set out in the World Anti-Doping + Article 23 The identity of athletes whose biological samples are positive or of athletes or persons in their entourage, who are suspected of violating anti-doping regulations, can be made public by the National Anti-Doping Agency only after final settlement of the case. + Chapter VI Obligations of sport + Article 24 (1) National sports federations are required to modify and complete their statutes and regulations in accordance with the provisions of this law, the World Anti-Doping Code, the regulations of international sports federations and the rules developed by the National Anti-Doping Agency (2) National sports federations are required to constitute an own anti-doping commission, responsible for preventing and combating doping, which aims to train athletes and staff on the effects and consequences that may arise from use of prohibited substances and methods. (3) National sports federations have the obligation to constitute an appellate court, independent from the one who imposed the sanction in advance, to which any sportsman or person in his entourage can appeal, accused of violating the regulations antidoping. + Article 25 (1) National sports federations are required to communicate to the National Anti-Doping Agency, at the beginning of each calendar year, detailed information on the domestic and international sports calendar, as well as the teams ' preparation plans and their athletes, with the exact specification of the venues and the hours of deployment, as well as the list of national and international athletes and their addresses. (2) National sports federations have the obligation to communicate to the National Anti-Doping Agency, at least 5 days before, any change in the sports calendar or in the training plan. + Article 26 Sports clubs and professional leagues are obliged to comply with the provisions of art. 24 and 25 of this law. + Chapter VII Deviations and penalties + Article 27 It constitutes disciplinary deviations: a) the presence in the body of the athlete of a prohibited substance or its metabolites; b) the use of a prohibited substance, its metabolites or markers and/or the use or attempt to use a prohibited method; c) possession of prohibited substances or methods; d) refusal or absconding, unjustifiably, from the collection of the biological sample; e) falsification of doping control results by the sportsman + Article 28 Any violation by the sportsman of anti-doping regulations during the competition attracts the disqualification, resulting in the invalidation of the individual results obtained in that competition, the withdrawal of the medal, the points or the prizes. + Article 29 ((1) The use of a prohibited substance, its metabolites or markers, with the exception of special substances in the doping list, and its use or attempt to use a prohibited method, the possession of prohibited substances or methods shall be sanctions with the suspension from sports activity for a period of 2 years at the first offense and for life at the second offense. (2) The sanction provided in par. ((1) may be reduced to a minimum of one year, when the facts were committed at fault. (3) In the conditions of non-existence of any form of guilt, the sanction provided in par. ((1) shall not apply. ((4) Even if there is no guilt of the athlete on the presence in the body of a substance appearing on the doping list, he will be prohibited from participating in a subsequent competition, if the presence of those substances could influence individual results. + Article 30 If a sportsman proves that the use of a special substance was not aimed at increasing sports performance, the suspension period provided for in art. 29 29 para. ((1) will be replaced as follows: a) for the first offense, warning or suspension up to one year; b) for the second deviation, 2 years of suspension; c) for the third deviation, suspension for life. + Article 31 Refusal or absconding from the collection of the biological sample shall be sanctioned according to art. 29 29 para. ((1). + Article 32 (1) The falsification of doping control results shall be sanctioned according to art. 29 29 para. ((1), if the act is committed by the sportsman. (2) The attempt is punishable by suspension from sports activity for a period of one year at the first offense and for 2 years at the second offense. + Article 33 (. The suspension period shall start from the date of issue of the suspension decision. (. The periods of provisional suspension shall be deducted from the total period of suspension. ((3) In case of delay of delivery of the suspension decision for reasons not attributable to the athlete, the suspension period may start from the date of biological sampling. (4) During the period of suspension the athletes may not participate in any quality in a sports competition or event. (5) During the period of suspension the respective athletes no longer benefit, for sports activity, from amounts from the state budget or from local budgets. + Article 34 (1) In order to resume sports activity, suspended athletes must submit to doping tests outside the competition, conducted by the National Anti-Doping Agency. (2) During the period of suspension the athletes are required to communicate to the National Anti-Doping Agency the exact address where they can be + Article 35 (1) In the case of sports teams, when more than one member of a team violated the anti-doping regulations, during a competition, the team will be subject to the target controls. (2) For the case provided in par. (1) the sports team is sanctioned with the cancellation of the results obtained during the competition or with other disciplinary sanctions provided by the regulations of the respective national sports federation. + Article 36 (1) The prosecution, distribution, offering, sale or administration of doping substances to athletes shall be punished with imprisonment from 6 months to 3 years or with a fine from 50,000,000 lei to 100,000,000 lei. (2) The processing or administration of doping substances to athletes by doctors is punishable by imprisonment from one year to 4 years or with a fine from 75,000,000 lei to 150,000,000 lei. (3) In case of committing the facts provided in par. (2), the Romanian College of Physicians is also notified. (4) Attempted to the crimes provided in par. ((1) and (2) shall be punished. + Article 37 (1) Indemnum by any means to the consumption of doping substances in order to increase the performance capacity, if followed by execution, shall be punished with imprisonment from 6 months to 2 years or with a fine from 25,000,000 lei to 75,000,000 lei. (2) If the exhortation is not followed by execution, the sentence is imprisonment from two months to 2 years or fine from 15,000,000 lei to 50,000,000 lei. + Article 38 The following circumstances and situations constitute aggravating circumstances: a) the commission of the act by a person who has, according to the present law, powers in preventing and combating doping; b) offering, prescribing, administering substances or procedures prohibited to a minor sportsman; c) committing the act together with a minor; d) the commission of the act by a person who performs a function involving the exercise of public authority, and the act was committed in the exercise of this function. + Article 39 Persons convicted of offences set out in this Chapter may be subject to one or more complementary penalties. + Article 40 The goods intended, used or resulting from the offences referred to in this Chapter shall be confiscated. + Article 41 (1) In applying the sanctions of athletes or persons in the entourage of athletes, national sports federations must comply with the provisions of this law, as well as international regulations in the field. (2) The failure of the national sports federations of the obligations provided for in this law shall be sanctioned with a fine of 50,000,000 lei to 300,000,000 lei, the withdrawal of any financial support from the state budget, the temporary suspension of the sports identity certificate or the removal from the sports register. + Article 42 Sports clubs and professional leagues, where persons guilty of violations of anti-doping regulations were found, if they were aware of these violations, are sanctioned with a fine of 50,000,000 lei to 100,000,000 lei. + Article 43 If the substances discovered during the control of doping also fall under the incidence Law no. 143/2000 on the fight against illicit drug trafficking and use, as amended and supplemented, or Law no. 300/2002 on the legal regime of precursors used in the illicit manufacture of drugs, the National Anti-Doping Agency has the obligation to notify the National Anti-Drug Agency and the prosecution bodies. + Chapter VIII Final and transitional provisions + Article 44 For the information and education of personnel involved in anti-doping activities, all institutions of higher education of physical education and sport in the country and the National Training and Improvement Center of Coaches introduce in the education courses presenting national and international anti-doping regulations, as well as the national anti-doping program. + Article 45 Within 30 days from the date of entry into force of this law, the National Sports Agency will develop the organizational structure and organization and functioning regulation of the National Anti-Doping Agency, which is approved by decision of Government. + Article 46 Within 30 days of the approval of the Organization and Functioning Regulation, the National Anti-Doping Agency will develop the methodological norms on the organization and conduct of doping control, which is approved by order of the President of the Agency National for Sport. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, November 30, 2004. No. 552. _______________