Rs 0.812.122.1 16 November 1989 Convention Against Doping (With Annex)

Original Language Title: RS 0.812.122.1 Convention du 16 novembre 1989 contre le dopage (avec annexe)

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0.812.122.1 original text doping concluded in Strasbourg on 16 November 1989 Convention approved by the Federal Assembly on 22 September 1992, Instrument of ratification deposited by the Switzerland on 5 November 1992 entry into force for the Switzerland on 1 January 1993 (Status January 1, 2016) preamble the Member States of the Council of Europe, the other States parties to the Convention European cultural , as well as other States signatories to this Convention, considering that the aim of the Council of Europe is to achieve greater unity between its members in order to safeguard and promote the ideals and principles which are their common heritage and to promote their economic and social progress
conscious that sport should play an important role in the protection of health, in moral and physical education and in promoting international understanding;
concerned about employment more widespread of products and methods of doping among athletes in all of sports and its consequences for the health of practitioners and for the future of the sport.
pay attention to the fact that this problem puts at risk the ethical principles and educational values embodied in the Olympic Charter, the International Charter of sport and physical education of Unesco and the Resolution (76) 41 of the Committee of Ministers of the Council of Europe, known as the "European sport for all Charter";
whereas the regulations policies and declarations adopted by international sports organisations in the field of the fight against doping;
aware that public authorities and the voluntary sports organisations have complementary responsibilities in the fight against doping in sport and, in particular, in guarantee the smoothly - on the basis of the principle of fair play - sports events, as well as in the protection of the health of those who take part;
Recognizing that these authorities and organizations must collaborate at all levels;
Recalling the resolutions on doping adopted by the Conference of European Ministers responsible for Sport and in particular the Resolution 1 adopted at the 6 Conference in Reykjavik in 1989;
Recalling that the Committee of Ministers of the Council of Europe has already adopted Resolution (67) 12 on the doping of athletes, recommendation No. R (79) 8 on doping in sport, recommendation No. R (84) 19 relative to the 'European Charter against doping in sport", and recommendation No. R (88) 12 concerning the institution of doping controls without notice out of competition;
Recalling recommendation No. 5 on doping by the 2 International Conference of Ministers and senior officials responsible for Physical Education of sports, organized by Unesco in Moscow (1988);
resolved, however, to continue and strengthen their cooperation in order to reduce and ultimately eliminate doping in sport into account of ethical values and the practical measures contained in these instruments, have agreed to the following: RS 0.440.1 art. 1 aim of the Convention the Parties, with a view to the reduction and ultimately the elimination of doping in sport, undertake to take the necessary steps to give effect to the provisions of this Convention within the limits of their respective constitutional provisions.

Art. 2 definition and scope of the Convention 1) for the purposes of this Convention: a) "doping in sport" means the administration to sportsmen or the use by the latter of pharmacological classes of doping or methods of doping agents; b) means "pharmacological classes of agents of doping or doping methods", subject to paragraph 2 below (, the classes of agents of doping and doping methods banned by international sports organisations competent, and appearing on lists that have been approved by the group under article 11.1.b; c) means "sports", people of both sexes who usually participate in organized sports activities.

2) so that a list of pharmacological classes prohibited agents of doping and doping methods will not approved by the Group of follow-up under article 11.1.b, the reference list contained in the annex to this Convention applies.

Art. 3 coordination domestically) 1 the Parties coordinate the policies and actions of their government services and other public bodies involved in the fight against doping in sport.
(2) ensure that there is practical application of this Convention and, in particular, to meet the requirements of article 7, by entrusting, where appropriate, the implementation of certain provisions of this Convention to a sports authority, Government or non-government designated for this purpose, or to a sports organisation.

Art. 4 measures to restrict the availability and use of doping and banned doping methods 1) the Parties adopt, as appropriate, legislation, regulations or administrative measures to reduce the availability (and, in particular, provisions to control the traffic, detention, importation, distribution and sale) as well as the use in sport of agents and banned doping methods and in particular, anabolic steroids.
(2) to this end, the Parties or, where appropriate, the relevant non-governmental organizations subordinate to the criteria for the grant of public subsidies to sports organisations to effective enforcement, by these anti-doping regulations.
((3) Moreover, the Parties: a) assist their sports organisations to finance controls and anti-doping tests, either by grants or direct subsidies, either taking into account the cost of such controls and analyses during the fixing of the total amount of grants or subsidies to be allocated to these organizations; b) take appropriate measures in order to refuse the granting (, for purposes of training, subsidies from public to athletes who have been suspended following the discovery of a breach of the regulations on doping in sport, and during the period of their suspension; c) encourage and, where appropriate, facilitate execution, by their sports organizations, doping controls required by the relevant international sports organizations both during and outside competitions; ETD) encourage and facilitate the conclusion by sports organizations, agreements allowing teams of doping control duly approved to test their members in other countries.

(4) the Parties reserve the right to adopt anti-doping regulations and to organise doping on their own initiative and on their own responsibility, provided that they are compatible with the relevant principles of this Convention.

Art. 5 laboratories) 1 each party undertakes: a) either to establish or facilitate the establishment on its territory of one or several control laboratories doping likely to be approved in accordance with the criteria adopted by the relevant international sports organisations and approved by the monitoring group under article 11.1.b; b) or to assist its sports organisations to access such a laboratory on the territory of another party.

((2) these laboratories are encouraged to: a) take appropriate measures to recruit and retain, train and retrain staff qualified; b) undertake appropriate programs of research and development on the doping agents and methods used, or presumed to be used for the purposes of doping in sport, as well as in the areas of Biochemistry and Pharmacology analytical in order to achieve a better understanding effects of various substances on the human body and their consequences in terms of performance sports; c) publish and disseminate the new data provided by their research quickly.

Art. 6 Education 1) the Parties undertake to develop and implement, as appropriate in collaboration with the sports organisations concerned and the means of mass communication, educational programs and campaigns of information highlighting the dangers to health inherent in doping and the attack on the ethics of the sport. These programs and campaigns addressing both young people in schools and sports clubs and their parents, as well as adult athletes, officials and athletic directors, and coaches. For people working in the medical field, these educational programs stress the importance of respect for medical ethics.
(2) the Parties undertake to encourage and promote, in cooperation with regional, national and international sports organisations concerned, research related to the development of physiological and psychological training programmes based on a scientific basis and respectful of the integrity of the human person.

Art. 7 co-operation with sports organisations concerning the measures that they must take


(1) the Parties undertake to encourage their sports organisations and through them, international sports organisations, to develop and apply all appropriate measures within their jurisdiction to fight against doping in sport.
((2) to this end, they encourage their sports organisations to clarify and harmonise their rights, obligations and duties, in particular by harmonising their: a) anti-doping regulations on the basis of the regulations adopted by the organizations competent international sports; b) lists of pharmacological classes of doping and methods of doping agents prohibited, based on the lists adopted by the relevant international sports organisations; c) methods of doping control; d) disciplinary procedures by applying international principles of natural justice and ensuring respect for the fundamental rights of athletes on whom weighs a suspicion; These principles include the following: i) the investigating body should be separate from the disciplinary body; ii) these people have right to a fair trial and the right to be assisted or represented; iii) there must be clear and provisions applicable in practice to appeal against any judgment;

(e) procedures for application of effective sanctions at the officials, doctors, veterinarians, coaches, physiotherapists and other officials or accomplices of doping violations on the part of athletes; f) procedures for mutual recognition of suspensions and other penalties imposed by other sports organisations in the country even or in another country.

(3) in addition, the Parties encourage their sports organisations to: has) Institute, in sufficient numbers to be effective, doping controls not only during competitions, but still without notice at any time right out of the competitions; These controls must be carried out equitably for all athletes and include tests applied and repeated athletes taken, if any, randomly; b) agreements, with sports organisations of other countries, allowing to submit an athlete training in one of these countries to tests performed by a team of duly authorized doping control said countries; c) clarify and harmonise regulations on eligibility for sports events which will include anti-doping criteria; d) (encourage athletes to participate actively in the fight against doping conducted by sports organisations international; e) fully and effectively use the facilities available for doping analysis in the laboratories mentioned in article 5, both during and outside competitions sport; e) search for scientific training methods and to develop guidelines designed to protect athletes of all ages tailored to each sport.

Art. 8 international co-operation 1) Parties cooperate closely in the areas covered by this Convention and encourage similar co-operation between their sports organizations.
((2) the Parties undertake to: a) to encourage their sports organisations to work for the application of the provisions of this Convention within all the international sports organisations to which they are affiliated, including the refusal to certify world records or regional which do not have negative doping test results authenticated; b) promote co-operation between the staffs of their doping laboratories established or operating in accordance with article 5; etc) establishing bilateral and multilateral cooperation between their agencies, authorities and relevant organizations, in order to wait, also on the international level, the objectives set out in article 4.1.

(3) the Parties, who have laboratories established or operating in accordance with the criteria defined in article 5, are committed to helping others to acquire the experience, the skills and techniques that are necessary for the creation of their own laboratories.

Art. 9 provision of information each Party shall forward to the Secretary General of the Council of Europe, in one of the official languages of the Council of Europe, all relevant information concerning legislative measures or other it has taken in order to comply with the provisions of this Convention.

Art. 10 monitoring group 1) it consists, for the purposes of this agreement, a monitoring group.
(2) any party may be represented on the group followed by one or more delegates. Each party is entitled to one vote.
(3) any State mentioned in article 14.1, which is not a party to this Convention, may be represented in the monitoring by an observer group.
(4) the monitoring group may, unanimously, invite any non-Member State of the Council of Europe which is not a party to the Convention and any sports organization or professional concerned to be represented by an observer at one or more of its meetings.
(5) the monitoring group shall be convened by the Secretary General. It held its first meeting as best as possible and, in any case, less than one year from the date of entry into force of the Convention. He later meets whenever necessary, at the initiative of the Secretary General or a part.
(6) a majority of the Parties constitutes the quorum for a meeting of the monitoring group.
(7) the monitoring group sit in camera.
(8) subject to the provisions of this Convention, the group established follow-up its rules of procedure and adopt it by consensus.

Art. 11 1) the monitoring group is responsible to monitor the implementation of the Convention. It may in particular: a) review on a permanent basis the provisions of this agreement and review any changes that may be required; b) approve the list, and any possible revision, classes of pharmacological agents and doping methods banned by the relevant international sports organizations, referred to in article 2, paragraphs 1 and 2, and the criteria for the accreditation of laboratories ((((, and any possible revision, adopted by the same organizations, referred to in article 5.1.a,, and the date of entry into force of decisions made; c) consultations with the sports organisations concerned; d) address to the Parties with recommendations on measures to be taken for the implementation of this Convention; e) recommend appropriate measures for the information of the competent international organizations and the public on work undertaken under this agreement; f) address the Committee of Ministers of the recommendations for the invitation of States not members of the Council of Europe to accede to this Convention; g) formulate any proposal to improve the effectiveness of this Convention.

(2) for the accomplishment of its mission, the monitoring group may, on its own initiative, provide for meetings of groups of experts.

Art. 12. after each of its meetings, the monitoring group shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.

Art. 13 amendments to the articles of the Convention 1) amendments to the articles of this Convention may be proposed by a party, the Committee of Ministers of the Council of Europe or by the monitoring group.
(2) any proposed amendment is communicated by the Secretary General of the Council of Europe to the States referred to in article 14 and any State which has acceded or has been invited to accede to this Convention in accordance with the provisions of article 16.
(3) any amendment proposed by a party or by the Committee of Ministers is communicated to the monitoring group for at least two months before the meeting at which it is to be considered. The monitoring group shall submit to the Committee of Ministers its opinion on the proposed amendment, as appropriate, after consultation with the relevant sports organisations.
(4) the Committee of Ministers is studying the amendment as well as all reviews submitted by the monitoring group and may adopt the amendment.
(5) the text of any amendment adopted by the Committee of Ministers in accordance with paragraph 4 of this section is sent to the Parties for acceptance.
(6) any amendment adopted in accordance with paragraph 4 of this section comes into force on the first day of the month following the expiration of a period of one month after the date on which all Parties have informed the Secretary General of their acceptance of such amendment.

Final clauses art. 14 1) this Convention is open to the signature of the Member States of the Council of Europe, other States parties to the cultural Convention European and non-Member States having participated in the elaboration of this Convention, which may express their consent to be bound by: a) signature without reservation of ratification, acceptance or approval, forgotten the source) signature subject to ratification acceptance or approval, followed by ratification, acceptance or approval.

(2) the instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art. 15


(1) the Convention will enter into force the first day of the month following the expiration of a period of one month after the date on which five States, including at least four Member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordance with the provisions of article 14.
(2) for any signatory State which subsequently expresses its consent to be bound by the Convention, it will enter into force the first day of the month following the expiration of a period of one month after the date of signature or of the deposit of the instrument of ratification, acceptance or approval.

Art. (16-1) after the entry into force of the Convention, the Committee of Ministers of the Council of Europe, after consulting the Parties, may invite any non-Member State to accede to the Convention, by a decision taken by the majority provided for in article 20.d of the Statute of the Council of Europe and by unanimity of the representatives of the Contracting States entitled to sit on the Committee.
(2) for any acceding State, the Convention will enter into force the first day of the month following the expiration of a period of one month after the date of deposit of the instrument of accession by the Secretary General of the Council of Europe.

SR 0.192.030 art. Time of signature or of the deposit of its instrument of ratification, acceptance, approval or accession, 17 1) any State may designate any territories to which this Convention would apply.
(2) any State may, at any later time, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in the statement. The Convention will enter into force with respect to that territory on the first day of the month following the expiration of a period of one month after the date of receipt of such declaration by the Secretary General.
(3) any declaration made under the two preceding paragraphs may be withdrawn, with respect to any territory referred to in this declaration by notification to the Secretary General. The withdrawal will take effect the first day of the month following the expiration of a period of six months after da date of receipt of the notification by the Secretary General.

Art. 18) 1 any party may, at any time, denounce this agreement by notice to the Secretary General of the Council of Europe.
(2) the denunciation 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 notification by the Secretary General.

Art. 19 the Secretary General of the Council of Europe shall notify the Parties to the other Member States of the Council of Europe, to the other States parties to the European cultural Convention, to the States involved in the elaboration of this Convention and any State which has acceded or which has been invited to join: a) any signature in accordance with article 14; b) the deposit of any instrument of ratification (((((, acceptance, approval or accession in accordance with article 14 or 16; c) any date of entry into force of this Convention in accordance with articles 15 and 16; d) any information forwarded under the provisions of article 9; e) any report established in application of the provisions of article 12; f) all proposed amendments and any amendment adopted in accordance with article 13 and the date of entry into force of this amendment; g) any declaration made under the provisions of article 17; (h) any notification made under the provisions of article 18 and the date of entry into effect of the denunciation; i) any other Act, notification or communication referring to this agreement.

In faith, the undersigned, duly authorized to that effect, signed the agreement.
Done at Strasbourg, 16 November 1989, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe certified copy to each of the Member States of the Council of Europe, to the other States parties to the cultural Convention European, will be communicated to the non-Member States which participated in the development of this Convention and to any State invited to accede to it.
(Follow signatures)

Annex list of doping bans 2015/Global Code: substances and methods prohibited at all times (in and out of competition) this annex is not published to the RO (RO 2016 263). It can be obtained from the federal Office of sport, 2532 Magglingen State on 1 January 2016 scope 19 December 2011 States parties Ratification accession (A) Declaration of succession (S) Signature without reservation of ratification (if any) coming into force Albania 15 November 2004 1 January 2005 Germany 28 April 1994 1 June Andorra 19 September 1994 2006 1 November 2006 Armenia 23 March 2004 1 may Australia 5 October 2004 1994-1 December Austria 10 July 1994

1991 1 September 1991 Azerbaijan 4 November 2003 1 January 2004 Belarus March 15, 2006 May 1, 2006 Belgium November 30, 2001 January 1, 2002 Bosnia and Herzegovina 29 December 1994 has 1 February 1995 Bulgaria 1 June 1992 1 August 1992 Canada March 6, 1996 if 1 May 1996 Cyprus 2 February 1994 1 April 1994 Croatia 27 January 1993 was 1 March 1993 Denmark has 16 November 1989 if March 1, 1990 Spain may 20, 1992 July 1

1992 Estonia 20 November 1997 1 January 1998 Finland April 26, 1990 1 June 1990 France * 21 January 1991 1 March 1991 European departments, overseas departments, overseas territories January 21, 1991 March 1, 1991 Georgia 22 May 2003 1 July 2003 Greece March 6, 1996 1 May 1996 Hungary January 29, 1990 if 1 March 1990 Ireland January 29, 2003 March 1, 2003 Iceland 25 March 1991 if 1 May 1991 Italy February 12, 1996 April 1, 1996 Latvia 23 January 1997 March 1, 1997 Liechtenstein 22 May 2000 1 July 2000 Lithuania 17 May 1996 1 July 1996 Luxembourg 21 June 1996 1 August 1996 Macedonia 30 March 1994 was may 1, 1994 Malta November 3, 2011 January 1, 2012 Moldova * January 27, 2009 March 1, 2009 Monaco 28 November 2003 1 January 2004 Montenegro June 6, 2006 S June 6, 2006 Norway November 16, 1989 if 1 March 1990 Netherlands 11 April 1995 1 June 1995 Curaçao 1 January 2009 1 January 2009 part Caribbean (Bonaire, Sint Eustatius and Saba) January 1, 2009 January 1, 2009 Sint Maarten January 1, 2009 January 1, 2009 Poland 7 September 1990 1 November 1990 Portugal 17 March 1994 may 1, 1994 Czech Republic 28 April 1995 if 1 June 1995 Romania December 7, 1998 February 1, 1999 United Kingdom November 16, 1989 if 1 March 1990 Isle of Man 1 October 1993 1 December 1993 Russia February 12, 1991 was 1 April

1991 saint - Marin 31 January 1990 March 1, 1990 Serbia 28 February 2001 has 1 April 2001 Slovakia 6 May 1993 if July 1, 1993 Slovenia 2 July 1992 1 September 1992 Sweden 29 June 1990 1 August 1990 Switzerland November 5, 1992 January 1, 1993 Tunisia 26 February 2004 was 1 April 2004 Turkey November 22, 1993 1 January 1994 Ukraine November 29, 2001 January 1, 2002 * reservations and declarations. Reservations and declarations are not published to the RO. Texts in french and English can be found at the United Nations Internet site address: http://untreaty.un.org or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

The convention does not apply to Greenland or the Islands Faroe. for the Kingdom in Europe RO 1993 1238; FF 1992 II 1321 RO 1993 1237 RO 1995 4421, 1998 880, 1999 2857, 2000 2584, 2002-473, 2003-2371, 2004 1307, 2005 1007, 2007-4465, 2009 1133 and 2012 433. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

Status January 1, 2016

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