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RS 0.812.122.1 Anti-Doping Convention of 16 November 1989 (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

Anti-Doping Convention

Conclue in Strasbourg on 16 November 1989

Approved by the Federal Assembly on September 22, 1992 1

Instrument of ratification deposited by Switzerland on 5 November 1992

Entry into force for Switzerland on 1 Er January 1993

(State 1 Er January 2016)

Preamble

The member states of the Council of Europe, the other States party to the European Cultural Convention 1 , as well as other States, signatories to this Convention,

Whereas the aim of the Council of Europe is to achieve a closer union among 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;

Aware that sport must play an important role in the protection of health, in moral and physical education and in the promotion of international understanding;

Concerned about the increasing use of doping products and methods among athletes throughout sport and its implications for the health of practitioners and the future of sport;

Attentive to the fact that this problem endangles the ethical principles and educational values enshrined in the Olympic Charter, the Unesco International Sports and Physical Education Charter and Committee of Ministers Resolution (76) 41 The Council of Europe, known as the "European Sports Charter for All";

Having regard to the political regulations and declarations adopted by international sports organisations in the field of anti-doping;

Aware that the public authorities and voluntary sports organisations have complementary responsibilities in the fight against doping in sport and, in particular, in ensuring the smooth running-on the basis of the principle of Fair play - Sports events, as well as in the protection of the health of those involved;

Recognizing that these authorities and organizations must work together at all appropriate levels;

Recalling the resolutions on doping adopted by the Conference of European Ministers responsible for Sport and in particular Resolution No. O 1 adopted at 6 E 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. O R (79) 8 concerning doping in sport, Recommendation No. O R (84) 19 on the "European Charter against Doping in Sport", and Recommendation No. O R (88) 12 concerning the institution of anti-doping controls without prior notice;

Recalling Recommendation No. O 5 on doping by the 2 E International Conference of Ministers and Senior Officials responsible for Physical Education of Sport, organized by UNESCO in Moscow (1988);

Resolved, however, to continue and strengthen their cooperation with a view to reducing and ultimately eliminating doping in sport, taking into account the ethical values and practical measures contained in these instruments,

Agreed to the following:


Art. 1 Purpose of the Convention

The Parties, with a view to the reduction and eventual elimination of doping in sport, undertake to take, within the limits of their respective constitutional provisions, the measures necessary to give effect to the provisions of the Present Convention.

Art. 2 Definition and scope of the Convention

(1) For the purposes of this Convention:

(a)
"Doping in sport" means the administration or use by athletes of the pharmacological classes of doping agents or methods of doping;
(b)
"Pharmacological classes of doping agents or doping methods", subject to paragraph 2 below, shall mean the classes of doping agents and doping methods prohibited by the competent international sports organisations, On lists which have been approved by the Monitoring Group under Article 11.1.b;
(c)
"Sportsmen" means persons of both sexes who usually participate in organised sports activities.

(2) Until a list of the prohibited pharmacological classes of doping agents and doping methods has been approved by the Monitoring Group pursuant to Article 11.1.b, the reference list contained in the Annex to this Convention Applies.

Art. 3 Domestic Coordination

(1) The Parties shall coordinate the policies and actions of their government departments and other public bodies concerned with the fight against doping in sport.

(2) They shall ensure that there is practical application of this Convention and, in particular, to comply with the requirements of Article 7, by entrusting, where appropriate, the implementation of certain provisions of this Convention to an authority Government or non-government sport designated for this purpose, or a sports organization.

Art. 4 Measures to limit the availability and use of banned doping agents and methods

(1) The Parties shall adopt, as appropriate, legislation, regulations or administrative measures to reduce the availability (and, in particular, of provisions to control traffic, detention, importation, distribution and Sale) as well as the use in sport of prohibited doping agents and methods and, in particular, anabolic steroids.

(2) To this end, the Parties or, where appropriate, the competent non-governmental organisations shall make the criteria for the granting of public subsidies to sports organisations subject to the effective application by them of the regulations Doping.

(3) In addition, the Parties shall:

(a)
Assist their sports organisations in financing anti-doping controls and analyses, either through the granting of grants or direct subsidies or by taking into account the cost of such controls and analyses when determining the overall amount of the Grants or subsidies to be allocated to these organizations;
(b)
Take appropriate measures to refuse to grant, for training purposes, grants from public funds to athletes who have been suspended as a result of the discovery of a doping offence in the Sport, for the duration of their suspension;
(c)
Encourage and, where appropriate, facilitate the execution by their sports organisations of the doping controls requested by the relevant international sports organisations, both in the course and outside the competitions; and
(d)
Encourage and facilitate the conclusion, by sports organisations, of agreements authorising duly waved doping control teams to have their members tested in other countries.

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

Art. 5 Laboratories

(1) Each Party undertakes:

(a)
To create or facilitate the creation in its territory of one or more doping control laboratories which may be approved in accordance with the criteria adopted by the competent international sports organisations and approved by The Monitoring Group under Article 11.1.b;
(b)
To assist its sports organisations to have access to such a laboratory in the territory of another Party.

2) These laboratories are encouraged to:

(a)
Take appropriate measures to recruit and retain, train and retrain qualified personnel;
(b)
Undertake appropriate research and development programmes on doping agents and methods used or presumed to be used for doping in sport, as well as in the fields of biochemistry and pharmacology To achieve a better understanding of the effects of various substances on the human body and their implications for sport performance;
(c)
Publish and disseminate new data in a timely manner.
Art. 6 Education

(1) The Parties undertake to develop and implement, where appropriate in collaboration with relevant sports organizations and with the means of mass communication, educational programmes and information campaigns highlighting The health hazards inherent in doping and the ethical values of sport. These programmes and campaigns are aimed at both young people in schools and sports clubs and their parents, as well as adult athletes, sports administrators and managers, and coaches. For those working in the medical field, these educational programmes underline the importance of respect for medical ethics.

(2) The Parties undertake to encourage and promote, in collaboration with relevant regional, national and international sports organizations, research on the development of physiological training programmes and Based on scientific grounds and respectful of the integrity of the human person.

Art. 7 Collaboration with sports organisations on measures to be taken

(1) The Parties undertake to encourage their sports organisations and, through them, international sports organisations, to develop and apply all appropriate measures within their competence to combat doping in Sport.

(2) To this end, they shall encourage their sports organisations to clarify and harmonise their respective rights, obligations and duties, in particular by harmonising:

(a)
Anti-doping regulations on the basis of regulations adopted by the relevant international sports organisations;
(b)
Lists of the pharmacological classes of doping agents and doping methods prohibited, on the basis of the lists adopted by the competent international sports organisations;
(c)
Anti-doping control methods;
(d)
Disciplinary procedures, applying the internationally recognised principles of natural justice and ensuring respect for the fundamental rights of sportsmen and women on whom a suspicion weighs; these principles include the following:
(i)
The investigating body must be separate from the disciplinary body;
(ii)
They are entitled to a fair trial and the right to be assisted or represented;
(iii)
There must be clear and enforceable provisions in practice to appeal against any judgment;
(e)
Procedures for applying effective sanctions to officials, doctors, veterinarians, coaches, physiotherapists and others responsible for or complicit in doping violations by athletes;
(f)
Procedures for the mutual recognition of suspensions and other sanctions imposed by other sports organisations in the country itself or in another country.

(3) Furthermore, the Parties shall encourage their sports organizations to:

(a)
To establish, in sufficient numbers to be effective, anti-doping controls not only in competitions but without prior notice at any appropriate time outside competitions; these controls shall be conducted in a fair manner for all Athletes and include tests applied and repeated to athletes, if any, at random;
(b)
Conclude, with the sports organisations of other countries, agreements allowing the submission of a sportsman training in one of these countries to tests carried out by a duly authorised doping control team of that country;
(c)
Clarify and harmonize regulations regarding eligibility for sport events that include anti-doping criteria;
(d)
Encourage athletes to participate actively in the fight against doping by international sports organisations;
(e)
To make full and effective use of the equipment made available to them for the anti-doping analysis in the laboratories referred to in Article 5, both in the course and outside the sporting competitions;
(f)
To search for scientific methods of training and to develop guidelines for the protection of athletes of all ages, adapted to each sport.
Art. 8 International cooperation

(1) The Parties shall cooperate closely in the areas covered by this Convention and shall encourage similar cooperation between their sports organisations.

(2) The Parties undertake to:

(a)
Encourage their sports organisations to work towards the implementation of the provisions of this Convention in all the international sports organisations to which they are affiliated, in particular by refusing to register World or regional records that do not have the negative results of an authenticated anti-doping test;
(b)
Promote cooperation between the personnel of their anti-doping control laboratories established or operating in accordance with Article 5; and
(c)
To establish bilateral and multilateral cooperation between their competent bodies, authorities and organisations, for the purpose of waiting, also at international level, for the objectives set out in Article 4.1.

(3) The Parties, which have laboratories established or operating in accordance with the criteria set out in Article 5, undertake to assist other Parties in acquiring the experience, competence and techniques necessary for the creation of Their own laboratories.

Art. Communication of information

Each Party shall transmit to the Secretary General of the Council of Europe, in one of the official languages of the Council of Europe, all relevant information relating to the legislative or other measures it has taken with the aim of Comply with the provisions of this Convention.

Art. 10 Tracking Group

(1) A monitoring group shall be established for the purposes of this Convention.

(2) Any Party may be represented in the Monitoring Group by one or more delegates. Each Party shall be entitled to one vote.

(3) Any State referred to in Article 14.1, which is not a party to this Convention, may be represented in the Monitoring Group by an observer.

(4) The Monitoring Group may, acting unanimously, invite any non-member State of the Council of Europe which is not a party to the Convention and any sports or professional organisation concerned to be represented by an observer in one or more of the Its meetings.

(5) The Monitoring Group shall be convened by the Secretary General. It shall hold its first meeting as soon as possible and, in any event, less than one year from the date of entry into force of the Convention. It shall meet thereafter whenever necessary, on the initiative of the Secretary General or a Party.

(6) The majority of the Parties shall constitute a quorum for holding a meeting of the Monitoring Group.

(7) The follow-up group shall be in camera.

(8) Subject to the provisions of this Convention, the Monitoring Group shall establish its rules of procedure and shall adopt it by consensus.

Art. 11

(1) The Monitoring Group shall be responsible for monitoring the implementation of this Convention. In particular, it can:

(a)
Review the provisions of this Convention on a permanent basis and consider any changes that may be necessary;
(b)
Approve the list, and any revision, of the pharmacological classes of doping agents and doping methods prohibited by the competent international sports organisations referred to in Article 2 (1) and (2) and the criteria The accreditation of laboratories, and any revision, adopted by the same organisations referred to in Article 5.1.a, and setting the date of entry into force of the decisions taken;
(c)
Initiate consultations with relevant sports organisations;
(d)
To make recommendations to the Parties on the measures to be taken for the implementation of this Convention;
(e)
Recommend appropriate measures to ensure the information of relevant international organizations and the public on the work undertaken in the context of this Convention;
(f)
Make recommendations to the Committee of Ministers on the invitation of non-member states of the Council of Europe to accede to this Convention;
(g)
To make any proposal to improve the effectiveness of this Convention.

(2) In order to carry out its task, the Monitoring Group may, on its own initiative, provide for meetings of expert groups.

Art. 12

Following 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 articles of the Convention

1) Amendments to the articles of this Convention may be proposed by a Party, by the Committee of Ministers of the Council of Europe or by the Monitoring Group.

(2) Any proposed amendment shall be communicated by the Secretary General of the Council of Europe to the States referred to in Article 14 and any State which has acceded to or has been invited to accede to this Convention in accordance with the provisions of the Article 16.

(3) Any amendment proposed by a Party or by the Committee of Ministers shall be communicated to the Monitoring Group at least two months before the meeting to which the amendment is to be considered. The Monitoring Group shall submit to the Committee of Ministers its opinion on the proposed amendment, if necessary, after consultation with the relevant sports organisations.

(4) The Committee of Ministers shall consider the proposed amendment and any opinion 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 article shall be transmitted to the Parties for its acceptance.

(6) Any amendment adopted in accordance with paragraph 4 of this Article shall enter into force on the first day of the month following the expiration of one month after the date on which all the Parties have informed the Secretary General of their acceptance Amendment.

Final Clauses

Art. 14

(1) This Convention shall be open for signature by the member States of the Council of Europe, other States Parties to the European Cultural Convention and non-member States which have 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, or
(b)
Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

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

Art. 15

(1) The Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date 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 shall enter into force on the first day of the month following the expiration of a period of one month after the date of signature or of the filing of The instrument of ratification, acceptance or approval.

Art. 16

(1) After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consultation with the Parties, may invite any non-member State to accede to the Convention by a decision taken by a majority of the Parties 20.d of the Statute of the Council of Europe 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

(2) For any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of one month after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.


Art. 17

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall 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 declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of one month after the date of receipt of that declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Secretary General.

Art. 18

(1) Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration 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, other member States of the Council of Europe, of the other States Parties to the European Cultural Convention, of the States participating in the elaboration of this Convention and of the Any State which has acceded to it or has been invited to accede to it:

(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 transmitted under the provisions of section 9;
(e)
Any report prepared in application of the provisions of Article 12;
(f)
Any amendment or amendment adopted in accordance with Article 13 and the date of entry into force of that amendment;
(g)
Any declaration made under the provisions of Article 17;
(h)
Any notification made pursuant to the provisions of Article 18 and the effective date of the denunciation;
(i)
Any other act, notification or communication referring to this Convention.

In witness whereof, The undersigned, duly authorized to that effect, signed this Convention.

Done at Strasbourg, on 16 November 1989, in English and French, 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 shall transmit certified copies to each member state of the Council of Europe, to the other States party to the European Cultural Convention, to non-member States that have participated in the The elaboration of this Convention and any State invited to accede to it.

(Suivent signatures)

Annex 1

List of prohibitions 2015/World Anti-Doping Code: permanently banned substances and methods (in and out of competition)


1 This Annex is not published in the RO ( RO 2016 263 ). It can be obtained from the Federal Office of Sport, 2532 Macolin


State 1 Er January 2016

Scope of application December 19, 2011 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Signature without reservation of ratification (If)

Entry into force

Albania

15 November

2004

1 Er January

2005

Germany

28 April

1994

1 Er June

1994

Andorra

19 September

2006

1 Er November

2006

Armenia

23 March

2004

1 Er May

2004

Australia

5 October

1994 A

1 Er December

1994

Austria

10 July

1991

1 Er September

1991

Azerbaijan

4 November

2003

1 Er January

2004

Belarus

15 March

2006

1 Er May

2006

Belgium

30 November

2001

1 Er January

2002

Bosnia and Herzegovina

29 December

1994 A

1 Er February

1995

Bulgaria

1 Er June

1992

1 Er August

1992

Canada

6 March

1996 If

1 Er May

1996

Cyprus

2 February

1994

1 Er April

1994

Croatia

27 January

1993 A

1 Er March

1993

Denmark a

16 November

1989 If

1 Er March

1990

Spain

20 May

1992

1 Er July

1992

Estonia

20 November

1997

1 Er January

1998

Finland

April 26

1990

1 Er June

1990

France *

21 January

1991

1 Er March

1991

European departments, overseas departments, overseas territories

21 January

1991

1 Er March

1991

Georgia

22 May

2003

1 Er July

2003

Greece

6 March

1996

1 Er May

1996

Hungary

29 January

1990 If

1 Er March

1990

Ireland

29 January

2003

1 Er March

2003

Iceland

25 March

1991 If

1 Er May

1991

Italy

12 February

1996

1 Er April

1996

Latvia

23 January

1997

1 Er March

1997

Liechtenstein

22 May

2000

1 Er July

2000

Lithuania

17 May

1996

1 Er July

1996

Luxembourg

21 June

1996

1 Er August

1996

Macedonia

30 March

1994 A

1 Er May

1994

Malta

3 November

2011

1 Er January

2012

Moldova *

27 January

2009

1 Er March

2009

Monaco

28 November

2003

1 Er January

2004

Montenegro

6 June

2006 S

6 June

2006

Norway

16 November

1989 If

1 Er March

1990

Netherlands B

April 11

1995

1 Er June

1995

CuraƧao

1 Er January

2009

1 Er January

2009

Caribbean (Bonaire, Sint Eustatius and Saba)

1 Er January

2009

1 Er January

2009

Sint Maarten

1 Er January

2009

1 Er January

2009

Poland

7 September

1990

1 Er November

1990

Portugal

March 17

1994

1 Er May

1994

Czech Republic

28 April

1995 Si

1 Er June

1995

Romania

7 December

1998

1 Er February

1999

United Kingdom

16 November

1989 If

1 Er March

1990

Isle of Man

1 Er October

1993

1 Er December

1993

Russia

12 February

1991 A

1 Er April

1991

San Marino

31 January

1990

1 Er March

1990

Serbia

28 February

2001 A

1 Er April

2001

Slovakia

6 May

1993 Si

1 Er July

1993

Slovenia

July 2

1992 A

1 Er September

1992

Sweden

29 June

1990

1 Er August

1990

Switzerland

5 November

1992

1 Er January

1993

Tunisia

26 February

2004 A

1 Er April

2004

Turkey

22 November

1993

1 Er January

1994

Ukraine

29 November

2001

1 Er January

2002

*
Reservations and declarations.
Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
The Convention does not apply to Greenland or the Faroe Islands

B For the Kingdom in Europe


RO 1993 1238; FF 1992 II 1321


1 RO 1993 1237
2 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 updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


State 1 Er January 2016