Resolution of the Representatives of the Governments of the Member States, meeting within the Council, on the representation of the EU Member States in the Foundation Board of WADA and the coordination of Member States’ positions prior to WADA meetings

(2019/C 192/01)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

RECALLING:

1. The Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 4 December 2000 on combating doping. ( 1 )

2. The Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 18 November 2010 on the role of the EU in the international fight against doping. ( 2 )

3. The Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 20 December 2011 on the representation of the EU Member States in the Foundation Board of WADA and the coordination of the EU and its Member States’ positions prior to WADA meetings. ( 3 )

4. The Conclusions of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 15 December 2015, reviewing the 2011 Resolution on the representation of the EU Member States in the Foundation Board of WADA and the coordination of the EU and its Member States’ positions prior to WADA meetings which provides that by 31 December 2018 the experience gained from the further application of this resolution shall be reviewed once more. ( 4 )

RECOGNISE THAT:

1. The European Union and its Member States should be able to exercise their competences and play their role during the preparation, negotiation and adoption, inter alia, of rules, standards and guidelines by the World Anti-Doping Agency (WADA).

2. Three seats in WADA’s Foundation Board are allocated to the representatives from EU Member States.

3. It is necessary to provide for practical modalities concerning the participation of representatives from the EU Member States in WADA’s Foundation Board, as well as the coordination of the positions of the EU and its Member States prior to CAHAMA ( 5 ) and WADA meetings. These practical modalities should reflect the duty of sincere cooperation and seek to promote unity in the EU’s external representation while avoiding duplication of the work in CAHAMA.

4. The coordination of European continent positions prior to WADA meetings should take place within CAHAMA and it should be ensured that decisions taken in that body fully respect any applicable EU legislation.

5. There is a strong need for continuity and commitment in the EU Member States representation in the Foundation Board of WADA, which is supported by a political mandate and appropriate expertise.

CONSEQUENTLY AGREE THAT:

1. The representatives of the EU Member States in the Foundation Board of WADA will be at ministerial level and the seats will be allocated as follows: — one seat will be allocated to a person in charge of sport at ministerial level from one of the Member States forming the incumbent Trio Presidency, — one seat will be allocated to a person in charge of sport at ministerial level from one of the Member States forming the future Trio Presidency, — one seat will be jointly allocated by the Member States meeting within the Council to a person responsible for sport at ministerial level (hereafter ‘expert at governmental level’)

2. The arrangements regarding EU Member States representation in the Foundation Board of WADA as described in Annex I will take effect as from 30 June 2019, without prejudice to mandates approved prior to this date.

3. The representative from the incumbent Trio Presidency in the Foundation Board of WADA will report on the outcome of the meeting of the Foundation Board of WADA at the next meeting of the Education, Youth, Culture and Sport (EYCS) Council of the EU and will submit a written report on the outcome of that to the Council Working Party on Sport (WPS).

4. While avoiding duplication with CAHAMA, the delegates of the Member States meeting within the WPS may coordinate a common position on matters falling within the competence of the Member States, provided there is a clear added value of such a common position. The common position is subject to approval by the representatives of the Member States meeting within the Committee of Permanent Representatives (Coreper), unless Member States agree differently.

5. Any common position agreed by EU Member States must be consistent with any agreed EU position and will be presented at the CAHAMA meetings by the Presidency. The EU Member States should seek to include this common position in the European continent position prepared by CAHAMA.

6. The representatives from the EU Member States in WADA’s Foundation Board will speak and vote on matters in accordance with the European continent’s position agreed by CAHAMA, provided that such position is consistent with the EU acquis .

7. By 31 December 2021, the Representatives of the Governments of the Member States, meeting within the Council, will review the experience gained from the application of this Resolution and consider whether any adjustments to the arrangement established by this Resolution are needed.

8. This Resolution, including the attached Arrangements regarding the EU Member States’ representation in the WADA Foundation Board, and the Practical Arrangements regarding preparations for the WADA meetings on matters falling within Union competence adopted by the Council on 23 May 2019, replace Resolution 2011/C/372/02 of the Representatives of the Governments of the Member States, meeting within the Council, on the representation of the EU Member States in the Foundation Board of WADA and the coordination of the EU and its Member States’ positions prior to WADA meetings ( 6 )

(1) OJ C 356, 12.12.2000, p. 1.

(2) OJ C 324, 1.12.2010, p. 18.

(3) OJ C 372, 20.12.2011, p. 7.

(4) OJ C 417, 15.12.2015, p. 45

(5) The Ad Hoc European Committee for the World Anti-Doping Agency (CAHAMA) is a committee of experts responsible for coordinating the positions of States parties to the European Cultural Convention acting on behalf of the World Anti-Doping Agency (WADA).

(6) OJ C 372, 20.12.2011, p. 7.