RESOLUTION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 3 December 1990 on Community action to combat the use of drugs, including the abuse of medicinal products, particularly in sport (90/C 329/02)

THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN ECONOMIC COMMUNITY, MEETING WITHIN THE COUNCIL,

Having regard to the Treaty establishing the European Economic Community,

Whereas the use of drugs, including the abuse of medicinal products, which is damaging to health, is increasingly prevalent in Europe, particularly in sport;

whereas sport has a considerable impact on society, in particular on young persons, given the substantial publicity given to it in the media; whereas, as a result, vigorous action against drug use in sport may serve as an example to show that, generally, it can and must be possible to win without recourse to stimulants and medicinal substances which endanger health;

Whereas, in view of the above, one important objective of the fight against the use of drugs in sport should be the protection of the health of those taking part in sporting activities;

Having regard to the Council of Europe Convention, its importance and the advisability of close cooperation between the Member States of the Community and the Council of Europe in this sphere, in a spirit of complementarity,

Whereas the use of drugs in sport contravenes health regulations in a number of ways, in particular to the extent that it implies:

(a) the use of substances authorized by the Community as medicinal products (Directive 65/65/EEC) (1) for purposes other than those for which authorization was given (the diagnosis or treatment of recognized pathological states);

(b) the use of such substances in forms and dosages not covered by the authorization (Directive 65/65/EEC);

(c) failure to comply with rules on distribution (Directive 75/319/EEC - black market and/or sale to non-authorized persons) (2), prescription (sale without a doctor's prescription - Directive 75/319/EEC, as amended by Directive 89/341/EEC) and advertising of such products (Directive 84/450/EEC) (3);

Whereas an educational and preventive approach should prevail and extend to cover all persons taking part in sporting activities, in particular young people and the circles in which they move;

Whereas it would be opportune for a European code of conduct to combat the use of drugs in sport to be publicized at the 1992 Olympic Games in order to take advantage of the impact of that event on public opinion,

Invite the Commission, assisted by a Group of Experts appointed by the Member States:

- to draft and circulate, in close conjunction with the Member States, by the end of 1991, with a view to the Olympic Games in 1992, a code of conduct to combat the use of drugs in sport, based on the guidelines set out in Annex I,

- to propose to the Council measures of Community interest based on the guidelines set out in Annex II, taking into account the measures already initiated by government sporting authorities, the Council of Europe and international sporting organizations.

(1) OJ No 22, 9. 2. 1965, p. 369/65, as last amended by Directive 89/341/EEC (OJ No L 142, 25. 5. 1989, p. 11).

(2) OJ No L 147, 9. 6. 1975, p. 13, as last amended by Directive 89/381/EEC (OJ No L 181, 28. 6. 1989, p. 44).

(3) OJ No L 250, 19. 9. 1984, p. 17.

ANNEX I

DRAFTING, CIRCULATION AND USE OF A CODE OF CONDUCT TO COMBAT THE USE OF DRUGS IN SPORT

The code should constitute an important instrument of information and education against the use of drugs in sport. Denouncing the use of drugs in sport as contravening the rules of health protection and in any case as constituting unsporting behaviour, it should be submitted for joint discussion by medical and sporting circles operating in the Community.

ANNEX II

MEASURES OF COMMUNITY INTEREST

(guidelines)

(a) Stepping-up training information and health education initiatives against the use of drugs in sport.

(b) Study of most common current drug-use practices.

(c) Drug-testing methods and cooperation between laboratories.

(d) Research on effects of drug-taking on health within the Community biomedical research framework programme.