Opinion of the Economic and Social Committee on the "Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions: Community support plan to combat doping in sport"

(2000/C 204/10)

On 7 December 1999 the Council decided to consult the Economic and Social Committee, under Article 262 of the Treaty establishing the European Community, on the above-mentioned communication.

The Section for Employment, Social Affairs and Citizenship, instructed to prepare the proceedings of the Committee, adopted its opinion on 5 May 2000. The rapporteur was Mr Bedossa.

At its 373rd plenary session of 24 and 25 May 2000 (meeting of 24 May 2000), the Economic and Social Committee adopted by the following opinion by 112 votes to 0, with 3 abstentions.

1. Preamble

1.1. Because of the globalisation of sport, the public has recently become aware of doping as an immoral social and cultural aberration that is harmful to health, and is afraid that it will become general practice. The public and sporting authorities have reacted responsibly to the public's demand for guarantees to ensure that sport respects ethical standards and the health of those who indulge in it.

1.2. Since sport is so idealised, and the image it conveys is one of perfect physical health, the doping phenomenon has of course been under-estimated at a time when its economic, social and cultural impact has become huge.

1.3. In addition, the fight against doping - despite some substantial gains - gives the impression, all too often, of being brittle and unfocused. No doubt this is because it is now perceived and presented as an immediate and insufficiently co-ordinated response to a complex problem, when the only way to fight this scourge effectively seems to be through a rigorous, permanent and universal system.

1.4. It is quite obvious that an effort must be made on the conceptual and organisational side. The roles and responsibilities of the two main partners - the public authorities and the sporting authorities - must be redefined or even institutionalised in an area which is no longer an exclusively national one, which must include associations, companies and sports clubs and which takes into account not only the dictates of competition schedules but also, and above all, the need to protect the health of sportspeople.

2. Introduction

2.1. The Economic and Social Committee (ESC) welcomes the initiative taken by the Commission. The Communication draws attention to a problem that has become very serious in the public's mind following the discovery that doping is almost general practice in certain sporting events(1).

2.2. This repeated violation of sporting ethics is causing European public opinion to have doubts about the authenticity of well-known - and especially international - sporting events, most of which take place on European soil. The massive media coverage of these sporting activities is amplifying this phenomenon.

2.3. In addition, the intervention of such powerful forces throws into relief the role of the financial interests which make it possible to take over and develop these sporting events: but the public's love affair is likely to gradually turn sour or even end completely unless strong, co-ordinated measures, accepted by the principal parties, are taken rapidly so that this cheating - which doping is - can be tackled effectively at all levels: national, European and international.

2.4. The role of the European Union here is essential, because the countries which make it up are of sufficient importance to be listened to and followed in all the international forums. It is therefore absolutely vital that the European Union speaks with one voice and that it defines its missions by adopting a recommendation that meets with the approval of the main parties concerned: federations, sporting movements, supervisory authorities and the communities of non-governmental organisations which govern the sport.

2.5. Action by the EU is indispensable, not only because the fight against doping is a question of ethics but also, and above all, because it is of vital importance to public health.

2.6. The Economic and Social Committee is very sensitive to the Commission's request for an opinion, because the ESC's responsibility as the representative of civil society is full and complete: the network of associations that promote sport is heavily involved in the present discussion and always pays a great deal of attention to the opinions of the ESC, whose members include a number of personalities who are active in this field.

3. General Comments on the Commission's Communication

3.0.1. After recalling the various recent stages in the fight against doping at international and European level, the Commission stresses the leading role of the EU, in particular regarding the Council of Europe's 1989 European Anti-doping Convention.

3.0.2. The ESC notes, like the Commission, the recent change in the nature of doping. It agrees with the reasons cited by the Commission to explain the increase in doping: excessive commercialism in sport, the proliferation of competitions and the environment surrounding the sportsperson.

3.0.3. The Commission adopts a three-pronged approach to combating doping, aiming first of all to give priority to ethics and to improving health protection for sportspersons, then to establish a new partnership with the International Olympic Committee (IOC) by setting up the World Anti-Doping Agency, and finally to mobilise the Community's own instruments.

3.0.4. The ESC is pleased that the Commission mentions, in its reflections, the need to take into account both "sporting ethics" and "sportspersons' health". It also approves the Commission's numerous references to recent key documents which set out the positions of the European Parliament and the Committee of the Regions on the fight against doping.

3.1. Sporting ethics and the protection of sportspersons' health

3.1.1. After recalling the ethical principles of: the right to health, the principle of integrity, the need to protect persons at risk and the dignity of sportspersons, the European Group on Ethics in Science and New Technologies (EGE)(2) reaffirms that doping is a serious threat to public health.

3.1.2. The Commission Communication reiterates the EGE's main proposals, which include:

- setting up an efficient health monitoring system independent of the sports movement;

- setting up a European laboratory of reference;

- promoting epidemiological research;

- organising a major conference on doping;

- introducing specific clauses on the protection of sportspersons into EU texts on the health and safety of workers;

- drawing up a directive on the protection of children and adolescents in sport in order to safeguard their health and guarantee their autonomy;

- promotion by the EU of specialist training in sports medicine;

- developing a code of good conduct in the field of sports medicine, in liaison with the supervisory authorities responsible for upholding such a code in those professions.

3.1.3. The ESC welcomes the Commission's efforts to sound out experts' views on the ethical, legal and scientific implications of doping.

3.1.4. It feels that a follow-up group should be formed rapidly to track the Commission's proposals - which are of particular interest - in order to see that the ethical principles identified by the EGE are respected and ensure that they are implemented over time.

3.1.5. The ESC will be vigilant in seeing that the measures proposed by the Commission take account of these various proposals, which it will certainly add to later.

3.2. Towards a partnership between the European Union and the World Anti-Doping Agency (WADA)

3.2.1. Participation in the World Anti-Doping Agency (WADA) is the second strand of the Community's action. The Commission's Communication rightly points out that the EU has a clear interest in helping to set up the agency, especially since several tasks to be entrusted to this new institution concern areas that come under the EU's terms of reference, for example the protection of public health, research and the free movement of sportspersons.

3.2.2. The new partnership described by the Commission is essential to stepping up the fight against doping: sports organisations, the Olympic movement and the public authorities have to commit themselves resolutely. The EU has to make its presence felt, join in the action and share its knowledge in order for this international authority to succeed, while at the same time guaranteeing that the principles of independence and operational transparency are respected.

3.2.3. The ESC wholeheartedly approves the EU's involvement in the creation of the World Anti-Doping Agency. It is pleased that the EU has been highly favourable towards the setting-up of this body right from the start of the negotiations.

3.2.4. Nevertheless, the ESC asks the Commission to be watchful and vigilant during the transitional period up to 1 January 2002 as regards the following points, on which no definite position has yet been adopted.

- The draft statute of the WADA must be completely finalised and accepted by all, and spell out the vital importance of the parties concerned being morally and politically committed to supporting the agency's activities.

- The WADA has to remain the sole entity responsible for the classification of prohibited doping substances and practices, basing itself as far as possible on the list drawn up by the IOC Medical Commission. The ESC asks that the WADA's position as ultimate authority here be guaranteed.

- The WADA must organise the accreditation and certification of test laboratories in order to implement the rules laid down by the international sporting movement.

- The WADA must remain responsible for drafting the guide for the proper implementation of controls during and outside competitions.

- The WADA must seek a consensus between government or public sector organisations and the sporting world.

- The ESC urges national anti-doping agencies to co-operate closely with the WADA.

3.2.5. The ESC will keep a close eye on the final choice of the WADA's headquarters, which should remain in Europe, where the most important initiatives have been taken and where the greatest amount and the most relevant work has been carried out. It supports the Commission's proposal to change the status of the WADA and make it a public-law agency, rather than a private-law foundation.

3.2.6. The ESC asks the Commission to submit a proposal for EU participation in the WADA rapidly to Parliament and the Council of Ministers.

3.3. Mobilisation of Community instruments

3.3.1. In its Community support plan, the Commission calls for better co-ordination of regulatory measures (freedom of movement, freedom to provide services ...) and the mobilisation of Community instruments in the fight against doping, through such steps as:

- research into doping substances, detection methods and the health impact of doping: the fifth framework programme of the Council (1998-2002) for research, technological development and demonstration activities has direct relevance to doping through its "competitive and sustainable growth" and "quality of life" programmes.

The Commission points out in its Communication that several research priorities are to be considered as research of a medical and metrological nature. The ESC approves this approach which makes it possible, through Community research policy in particular, to take concrete steps such as the development of a confidential study to monitor the health of current high-level athletes and an epidemiological study of former top-level sportsmen and women who have retired.

- Education, vocational training and youth programmes may contribute to the war on doping through awareness-raising, prevention and information: the Socrates programme on education, the Leonardo programme on vocational training and the future "Youth" programme concerning co-operation in the field of youth (training of youth leaders, exchanges of young people...).

It is quite clear to the ESC that the projects relating to research, prevention by education, training and information in the fight against doping and in protecting sportspersons' health should be decentralised and use made of the various existing Community instruments. These can easily be incorporated into the existing general programmes by adapting them to take account of the problems involved in fighting doping and protecting health, or even supplement some of the programmes which are targeted more on other sectors (such as drug addiction).

- Police and judicial co-operation programmes such as Oisin (1996) for the law enforcement authorities and Grotius (1996) for magistrates, through the use of internships, training and exchanges of information.

- Directive No 92/27/EEC(3) of 31 March 1992 on the labelling of medicinal products could be used as a framework for action to issue certain special warnings for certain categories of medicines, particularly those containing substances that are banned in sport.

- The Commission intends to use Article 152 of the Treaty as a basis for submitting a proposal for a Council Recommendation on the prevention of doping in sport, particularly amateur sport. Member States are invited to submit a report on the adoption and implementation of measures taken in the various fields covered by the recommendation (prevention, awareness-raising, etc.). The new framework Public Health Action Plan will have to include a chapter on doping.

3.3.2. The ESC approves the idea of "mobilising" existing Community instruments for the purpose of preventing and fighting against doping. It nevertheless has two major reservations, the first specifically concerning the "health" aspect proposed by the Commission, and the second of a more general nature.

3.3.2.1. The ESC is aware that Article 152 of the Treaty does not provide for any harmonisation of the laws and regulations on health, but it trusts that the Member States will amplify and co-ordinate national health measures as regards doping.

3.3.2.2. The ESC also regrets that the main plank in the prevention and anti-doping policy proposed by the EU is limited to the mobilisation of existing Community instruments. The stakes here call for a more consistent and comprehensive political plan, incorporating such essential aspects as disciplinary action against sportspersons, which is hardly touched on by the Commission.

4. The proposals of the ESC's draft opinion

In order to increase the impact of a Community support plan to combat and prevent doping in sport, the ESC considers that:

- The phenomenon of doping in sport, as recent events have shown, has become a matter of the gravest concern in all areas of sport, at all levels, both professional and amateur, and for all sections of the population, especially young people.

- It endangers the health of sportspersons, falsifies competitions, harms the image of sport, particularly among young people, and seriously undermines the ethical dimension of sport.

- This worsening of the situation is made easier by gaps in the laws and regulations of a large number of states on combating and preventing doping, and by poor co-ordination of the policies to combat doping pursued by the various Member States of the international sporting community, particularly the states of the EU.

- Thought must be given to standardising the measures and action taken by national legislative bodies, the European institutions, the Council of Europe and the sporting movement as a whole, both European and international.

The ESC considers that the implementation of laws and regulations on combating and preventing doping involves three inseparable aspects. These are sporting ethics, punishing those involved in doping networks and protecting the health of sportspersons. The public authorities in the Member States and the European Union are directly concerned by the construction of this three-point plan for effectively preventing the use of doping practices and combating them when they do occur.

4.1. Sporting ethics

4.1.1. Disciplinary action against sportspersons convicted of doping practices

4.1.1.1. The Commission is clearly cautious about the punishment aspect of enforcing sporting ethics among sportspersons. Historically, the punishment of sportspersons is a matter for the sporting bodies. The involvement of the public authorities, particularly those of the Member States, has only been secondary and currently varies greatly from one country to another.

4.1.1.2. There is a request from the European Parliament (item 10 of the resolution)(4) and the Committee of the Regions (item 3.14.2 of its opinion)(5) to update the disciplinary side and involve the public authorities more deeply. The ESC asks the Commission to align itself on this position.

4.1.1.3. Experience has shown how fragile this aspect is when it forms part of a sporting jurisdiction that is isolated by the absence of a regulatory framework laid down by the public authorities. Those having jurisdiction over such matters in sport have often proved to be not up to the job when it comes to punishing their own sportspeople, which tends to discredit the fight against doping.

4.1.1.4. Without going so far as to work out a detailed structure for disciplining sportspersons convinced of doping offences, two "models" are possible. The first would be modelled on the French set-up, which brings into play firstly the sporting federations, and secondly an administrative authority with regulatory powers that is independent both of the sporting movement and of the political authorities - the Council for the Prevention and Combating of Doping (Conseil de Prévention et de Lutte contre le Dopage).

The second would entrust an independent authority with full responsibility for prosecuting and punishing sportspersons convicted of doping offences.

In both cases a partnership, or at least co-operation, between such a body and the sporting movement is essential. Whichever solution is chosen, it is essential that the sportsperson's rights are strictly respected.

4.1.1.5. The ESC considers that a Community directive could encourage the birth of such bodies in each Member State and encourage the adoption of consistent legislation on punishments.

4.1.1.6. It is also essential to remember that this disciplinary stage must be kept quite separate from the penal aspect; some Member States currently do not draw such a distinction.

4.1.2. The IOC code

4.1.2.1. The ESC notes the application of the IOC's statement on combating doping. The IOC's code is an important step in the fight against doping, in particular in making the development of the Olympic Games, like those of Sydney, credible, or even exemplary. This code is now a legal and moral reference that cannot be ignored, and its impact on Olympic sport can only be positive. The combating of doping during Olympic competitions must be improved by it.

4.1.2.2. The ESC welcomes the recent efforts of the IOC which invited the EU to take a more active part by co-operating closely in the preparations for the Sydney games.

4.1.2.3. While the ESC respects the independence of the Olympic movement, it notes that the IOC's anti-drugs code, which came into force on 1 January 2000, is an autonomous code subject only to the authority of the IOC and its national committees. The EU is only present through the presence of the designated representatives of the Member States.

4.2. Punishing those involved in doping networks

4.2.1. The Commission considers the role of the public authorities of the Member States in controlling and monitoring prohibited products solely from the point of view of an unavoidable co-operation with the police and legal authorities.

4.2.2. The ESC supports any strengthening of co-operation between the Member States in sensitive areas such as these, for example with an eye to aligning national rules defining offences, the level of punishment to be applied or the importance of punishments being harmonised in a territorial area where people and goods circulate freely.

4.2.3. It is obvious that those people around the sportsperson who can facilitate access to doping substances, encourage their use, supply or administer them must be punished in the same way as the manufacture, importation or sale of preparations containing prohibited substances, since this insidious method of supplying illicit products is becoming commonplace.

4.2.4. The ESC recommends laying down rules on the manufacture, importation or sale of prohibited substances and harmonising the laws of the Member States as regards punishing those in close or distant contact with the sportsperson.

4.2.5. The ESC would point out here that the fifteen Member States of the European Union are among the signatories to the Council of Europe's 1989 European Anti-doping Convention. These states are therefore bound by the list defining prohibited doping substances and methods drawn up by the IOC follow-up group and incorporated into the 1989 Council of Europe Convention by amendment. This list is therefore the same for all the Member States of the European Union. It is wise for each state to use a reference obtained through mutual recognition.

4.3. Protecting the health of sportspersons

4.3.1. The ESC considers the protection of sportspersons' health as one of the priority objectives of combating and preventing doping.

4.3.2. To this end, it recommends an active policy of providing clear, sure, precise and up-to-date information to athletes tempted to use doping substances or methods. It must be obligatory for such information to be brought to the attention of sportspersons when they sign or renew their licences.

4.3.3. In addition, the ESC thinks there should be a compulsory medical supervision scheme for top-level sportspersons worked out jointly by the public authorities and the sports movement. This supervision must be based on suitable technical foundations. It is also essential to set up a network of correspondents who are independent of the sporting movement and who are capable of analysing the findings of this scheme and drawing up rules to protect the health of sportspersons, based on the analyses carried out.

4.3.4. Such medical supervision has to be regarded as a vital protection against the health consequences of using prohibited products and indulging in sport in an uncontrolled way. It is also one way of making sports medicine a major medical speciality which must not have the search for ever-higher performance as its sole objective.

5. General conclusion

In presenting its "Community support plan to combat doping in sport", the Commission has put the emphasis on setting out the means developed by the sporting movement alongside existing Community means.

But the ESC was expecting, as an extension to the reports and opinions drawn up by the European Parliament and the Committee of the Regions, the construction of a basic Community system that would be the framework for a structured fight against doping and protection of sportspersons' health by the public authorities of the Member States. Such an approach would have made it possible to set out the guidelines for a European body of measures aimed at preventing and fighting against doping and based on three pillars:

- the creation of a genuine, active Community policy of prevention. This prevention policy would have to mobilise all the actors in the fight against doping: amateur and professional sporting authorities, those who are active in the sector of education, youth and sport, independent administrative authorities, non-governmental organisations, communities, the health professions and the media;

- the development and harmonisation of repressive measures covering both disciplinary action against sportspersons convicted of a doping offence and penal measures against those involved in doping networks: the essential elements of such a policy of prevention and fighting against doping would be a reorganisation of the sporting world based on the principle of independence as regards tests and sanctions, police and legal co-operation between Member States and the harmonisation of laws;

- a continuation and stepping-up of medical and pharmacological research, both at theoretical and clinical level: the success of a policy of prevention and fighting against doping will depend on all available resources in the research sector being mobilised. The guiding thread of this policy would be application of the precautionary principle and the overwhelming necessity to protect sportspersons' health.

Brussels, 24 May 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) On 11 November 1999, the European Group on Ethics in Science and New Technologies adopted a highly detailed opinion on the ethical aspects of doping in sport which gave an exact definition of doping, which the ESC cannot but endorse: "the use of substances, dosages or methods with the intention of enhancing sporting performance, which are banned mainly because they may have a harmful effect on sportsmen/women's health and which may compromise the generally accepted conditions of fair play".

(2) Opinion of the EGE on the Ethical Aspects arising from Doping in Sport (11.11.1999).

(3) OJ L 113, 30.4.1992.

(4) Resolution of the European Parliament on the urgent measures to be taken against doping in sport - OJ C 98, 9.4.1999.

(5) COR opinion on "The European Model of Sport", CdR 37/99 of 16 September 1999.