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
Date: 1999-12-01
Institutions: European Commission
Subjects: EU action, medical research, performance drugs, public health, sport

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 1.12.1999
COM(1999) 643 final

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

TABLE OF CONTENTS

1. .......................................................................................................................... Introduction

2. ................................................................................................. Why doping has proliferated

3. .....................................................................................................A three-pronged approach

4. ............................................... Prioritise ethics, reinforce protection of sportspersons’ health

5. ................................................ Towards a new partnership: the World Anti-Doping Agency

3

4

5

6

7

6. ................................................................... Making the most of the Community instruments

10

7. ............................................................................................................................Conclusion

11

Annex 1

Community instruments to combat doping in sport.

13

1.Intensify research into doping substances, detection methods and the health impact of doping

14

2.Enlist the education, vocational training and youth programmes in the service of information and trainin

3. ............................................. Make the most of police and judicial cooperation programmes

20

4. ......................................................................................Reinforce medicaments information

20

5. ....................................................................Develop actions relevant to public health policy

21

Annex 2

European Group on Ethics: “Opinion on the ethical aspects of the
struggle against doping in sport". .............................................................. 24

Annex 3

Documents on the creation of the World Anti-Doping Agency.................. 34

2

1.

INTRODUCTION

Doping has always been at variance with the basic principles of sports ethics. Today,

in view of the proliferation of cases, the phenomenon of doping in sport no longer

belongs within the strict framework of sports ethics but has also become a public

health problem. In principle physical and sporting activity should contribute to

improving the citizen’s quality of life. However, the use of prohibited substances or

medicaments abuse has adverse health effects and hence vitiates the very goal of

sport. In the context of competitive sport, doping symbolises the contrast between

sport and the values it has traditionally stood for, namely fair play and the idea of

surpassing oneself through physical effort.

The multiplication of doping-related scandals in 1998 and their media repercussions

triggered a prompt reaction on the part of the International Olympics Committee

(IOC), which convened an international conference whose main goal was to create a

world agency to combat this scourge.

In December 1998 the Vienna European Council expresses its concern with the scale

of doping in sports and the severity of this practice, stressing the need for action at
EU level. Subsequently, the ministers responsible for sport met on an informal basis1

on three occasions in 1999 to discuss the doping problem.

On 17 December 1998 the European Parliament adopted a resolution2 in which it

calls on the Commission to take into account the real dimension of the doping

problem and to propose measures at Community level notably with a view to better

coordination and complementarity between national and European measures and

actions.

The Committee of the Regions also delivered an opinion on the “European Model of
Sport”3, which contains a chapter devoted to doping. The Committee emphasises

“the need for coordination and harmonisation of national measures” and supports

1

2

3

The three meetings were held in Bonn/Bad Godesberg (18 January 1999), Paderborn (1 and 2 June
1999) and Vierumäki in Finland (25 October 1999).
Resolution on urgent measures to be taken against doping in sport,
OJ C 98, 09/04/1999.
Opinion of the Committee of the Regions 37/99 fin of 16 September 1999.

3

Parliament’s call for “the presentation by the Commission of proposals designed to

implement a harmonised public health policy with a view to combating doping”.

Finally, it should be recalled that Europe has traditionally played a flagship role in

combating doping, notably since the adoption on 16 November 1989 of the European
Anti-doping Convention by the Council of Europe4.

The purpose of this Communication is to present

the measures taken by the

Commission, as well as measures now being planned so as to accommodate the

demands made by the other Community institutions and bodies in the field of

combating doping.

2.

WHY DOPING HAS PROLIFERATED

The Commission is particularly concerned with the underlying causes of

development of doping. Firstly, the nature of doping has changed. Today, doping -

barring exceptional cases - is no longer an isolated act on the part of individual

sportspersons, practised on the day of the competition. We are talking about

systematic,

organised methods

at

team level

that

exploit medical

and

pharmacological advances for unethical ends. For example, increasing use is being

made of substances which make it possible to mask doping products in the event of

analysis.

A major cause of the spread of doping is the over-commercialisation of sport. The

recent explosion of television rights associated to big sponsoring contracts to cover

major events has led to growing pressure on sportspersons and their entourage to use

prohibited substances. This commercialisation and the economic and financial stakes

involved have led to a proliferation of sports competitions and have curtailed

sportspersons’ recovery time, a factor which also shortens the professional’s sporting

life. Besides, there are the perverse effects of contracts between certain sports

associations and their sponsors, with awards being granted on the basis of results or

medals obtained by sportspersons who participate in major competitions. The

athlete’s general environment, from the coach or doctor to the team leader and his

own relatives, may put additional pressure on the athlete.

4

Council of Europe – European Treaties - ETS No 135.

4

Finally, a major part of this problem concerns young sportspersons. The lure of quick

money,

together with the economic operators’ need to continuously “produce”

celebrity sportspersons may to some degree explain the growing precociousness of

sports careers.

Besides, the war on doping is a very good illustration of how Community action can

contribute to reinforcing the endeavours made at various levels, notably at national

level, and hence to responding to citizens’ expectations, while respecting both the

autonomy of the sports organisations and the subsidiarity principle. An effective war

on doping cannot be conceived in exclusively national terms: in the increasingly

internationalised world of sport it is important to ensure that the different countries

adopt similar approaches in this area. The European Union can contribute by

encouraging convergence between the different approaches and by making available

the resources at its disposal to combat doping.

3.

A THREE-PRONGED APPROACH

The Commission has opted for a three-layer approach in this field:

–

assemble the experts’ opinions on the ethical, legal and scientific dimensions of

doping; to this end the Commission has consulted the European Group on

Ethics and invited it to deliver an opinion;

–

–

contribute to preparing the World Anti-doping Conference and work together

with the Olympic movement to create the World Anti-Doping Agency;

mobilise Community instruments with a view to supplementing the actions

already underway in the Member States and to vesting them with a Community

dimension, taking account

inter alia of the growing mobility of European

sportspersons and the Community’s competences relevant

to the field of

doping.

The European Community helps combat doping in many ways. Actions in this area

come within the direct or indirect remit of research, youth, education and training

policies and programmes. Moreover,

the differences in anti-doping legislation

between Member States may constitute a barrier

to the free movement of

professional and amateur sportspersons. Doping also concerns competences in the

5

field of justice and home affairs, notably police and judicial cooperation. Finally,

Article 152 of the Treaty (public health) provides for encouraging measures to

protect and improve public health, although harmonisation of the Member States’

laws and regulations is ruled out.

4.

PRIORITISE ETHICS, REINFORCE PROTECTION OF SPORTSPERSONS’ HEALTH

The first strand of the Community action corresponds to the follow-up to the opinion
of the European Group on Ethics5 (EGE). The Commission had requested the

opinion of highly qualified European experts on doping. This is why it consulted the

EGE in 1999, which delivered its opinion on 11 November (Annex 2).

After proposing a definition of doping, the EGE recalled the ethical principles which

must inspire all Community measures:

–

–

–

everyone's right to safety and health. The EGE considers that sportspersons

must be afforded these rights just like other categories of citizens;

the principle of integrity and transparency, which requires that the fairness of

sports competitions be ensured and the image of sports in general preserved;

particular attention to be paid to the most vulnerable groups, in particular

children, who may be closely involved in high-level sport;

Generally, the EGE highlights sportspersons’ rights and the need to protect them

against an environment which instigates them to take drugs. However, these rights

also imply the need for sportspersons to comply with various moral and legal

obligations as well as rules of professional conduct. The EGE has reiterated the fact

that the war on doping is a shared responsibility of the sports associations and

federations, sportspersons themselves, their medical and technical environments, and

all other parties involved, especially public bodies.

On the basis of these ethical principles the EGE has proposed a number of measures.

These include:

5

The European Group on Ethics was officially set up in 1991 at the initiative of President Delors.
Following changes in 1998 it now consists of 12 members, all highly qualified European experts in
different fields. The Group's mission is to deliver opinions for the Commission.

6

–

the creation of an efficient health monitoring system for sportspersons, more

specifically through the establishing of a specialised service providing

sportspersons with medical and psychological assistance and information;

–

–

–

–

–

–

–

–

the adoption of a directive on the protection of young sportspersons, notably

those who aspire to become professionals;

the adoption of specific provisions on the protection of sportspersons, as

workers exposed to particular risks;

promotion of epidemiological research into the health of sportspersons;

organisation of conferences on doping and the health of sportspersons in

collaboration with the sports community;

sensitisation of education professionals to the problem of sports ethics;

increased level of police and judicial cooperation;

inclusion in sportspersons' contracts of references to doping and the fact that it

is banned;

the adoption of a joint declaration equivalent to a code of practice in sport at

the end of a European conference on doping in sport.

The Commission welcomed the opinion, which was presented to it on 11 November

1999. This opinion endorses a certain number of ethical principles which the

Commission has committed itself to taking into account in its future actions and

deliberations. Besides, the EGE’s proposals will be closely scrutinised and may give

rise to Commission initiatives.

5.

TOWARDS A NEW PARTNERSHIP: THE WORLD ANTI-DOPING AGENCY

Participation in the World Anti-Doping Agency is the second strand of the

Community action. Several tasks to be entrusted to the Agency concern Community

competence,

for

example public health,

research,

the

free movement of

sportspersons. Community youth, education and training policies may also be

mobilised in the shape of information campaigns and awareness-raising measures in

this field. Hence, there is a clear Community interest in helping to set up the Agency.

7

This Agency should pave the way to a new partnership between the Olympic

movement and the public authorities. Nobody disputes that the sports organisations

have neither the resources nor the powers to check the spread of doping. Hence,

government action is indispensable. One of the major merits of this future Agency

will be to enable the two major players in the war on doping to work hand in hand.

Moreover, although Agency decisions will have the status only of recommendations

under Community law, it is important that all the parties concerned should accept a

moral commitment to put them into practice.

Right from the start the position of the European Union – Member States and

Commission – has been to enshrine the principles of accountability and transparency

in the operation of the Agency. Initially, the Commission can support the creation of

this Agency, even if it has to be in the form of a private-law foundation. However,

the Commission considers that it will subsequently be necessary for it to evolve

towards a public law agency. At

that stage it will be essential to convene an

international conference. We cannot however wait for this process to be completed

before developing proactive anti-doping measures.

The representatives of the Member States, the Commission and the Council of

Europe spoke with one voice in preparing the ground for the Agency so as to ensure

that these principles are respected. In particular the preparatory work made it

possible to ensure equal representation of both parties in the future Agency, as well

as enshrining the principle that important decisions be taken on a consensual basis.

On the basis of these agreements the IOC, for its part,

invited the European

Commission to participate in the creation of the Agency. In October 1999 the IOC

wrote to the Acting Presidency of the Council of the European Union and to the

President of the European Commission, inviting them to finalise the constitution of,

and participate in, the World Anti-Doping Agency. The IOC hopes that this Agency,

created on 10 November 1999, will be fully operational in time for the Sidney

Olympic Games in September 2000.

The Member States and the Commission have decided to endorse this invitation and

to start negotiations with the IOC. The positions defended by the Member States in

agreement with the Commission notably concern the Agency’s independence and

transparency and its precise remit. At a meeting held on 2 November 1999 the IOC

8

and the European Union reached agreement on the Agency's draft statutes, but added

the following clarifications:

–

–

–

–

–

–

–

it will be necessary to specify in the text the vital importance of all parties

making a political and moral commitment to the work of the Agency;

the Agency will be responsible for adopting and modifying the list of banned

substances,

recognising the IOC Medical Commission's list of banned

substances as the initial reference point;

The Agency will be responsible for the accreditation of testing laboratories and

for the harmonisation of testing methods;

The Agency will plan and coordinate out-of-competition testing in close

conjunction with the international federations and public authorities concerned;

The government organisations and sports organisations will have parity

representation on the Foundation Board, which would remain free of any form

of external influence, e.g. illegitimate commercial interests;

Decisions of major importance will be based on consensus;

The Agency's Foundation Board will decide as soon as possible on where the

definitive headquarters will be, basing the choice on established objective

criteria.

The Agency's provisional headquarters will be in Lausanne.

On the strength of this agreement with the representatives of the European Union and

the Council of Europe, the IOC went ahead and formally lodged the Agency's

statutes with a view to constituting the Foundation Board. The Board will be

responsible for taking the initial decisions, more especially concerning the criteria for

selecting a town or city to host the Agency's definitive headquarters.

In this first phase,

taking us up to 1 January 2002,

the EU will have two

representatives on the Foundation Board, appointed ad personam. The Commission

will have observer status. For the first two years of its life, the Agency will be funded

by the IOC.

9

The Community will thus be in a position to decide formally, acting on a proposal

from the Commission, on whether to play a full part in the Agency's work, including

the financial aspects. With this in mind, the Commission should now be able to start

preparing a proposal to the European Parliament and the Council with a view to

formalising the Community's participation in the work of the Agency. This proposal

will include the requisite budget forecasts to comply with the financial commitments

of the public authorities with representatives on the Management Board; these

commitments will begin to apply as from 1 January 2002. The Olympic movement

expects a reply from the Community by 30 June 2001 at the latest.

6.

MAKING THE MOST OF THE COMMUNITY INSTRUMENTS

The third Community action strand in the war on doping involves making the most

of the Community instruments. Two types of action may be considered. Firstly,

better coordination of regulatory measures. Secondly, mobilisation of Community

programmes which can support positive anti-doping measures at European level.

In 1999, a total of 77 world championships and 102 European championships6 were

hosted in Europe. Besides, the number of European club competitions and their

participants is increasing from year to year. This means movement of sportspersons,

most of them professionals, who are keen to learn all about the rules on doping and

the penalties for non-compliance.

Hence it is necessary to ensure that the rules governing the European sports area do

not constitute barriers to free movement and in particular to the freedom to provide

professional sports services within the Union.

If the war on doping in sports is to be sustained and effective, it is essential to ensure

genuine coordination and synergy between the actions taken by the various players in

their respective spheres of responsibility: the sports community, Member States,

international organisations, the EU, the World Anti-Doping Agency.

Each player has a specific role to play. At Community level it

is important to

mobilise the instruments of the European Union to combat doping. Indeed several

6

Report from the Secretary-General of the European Olympic Committees to the General Assembly in
Prague on 12-13 November 1999.

10

Community policies and instruments can contribute to this end . The actions to be

taken under this head will promote coordination with other players involved in the

war of doping, the World Anti-Doping Agency, the national authorities and the

sports community. These efforts will notably focus on the following:

–

–

–

–

–

intensify research into doping substances, detection methods, health impact of

of doping, and doping as a socio-economic phenomenon;

mobilise education, vocational training and youth programmes in the service of

information and training, awareness-raising and prevention in the field of

doping,

make the most of the police and judicial cooperation programmes,

reinforce medicaments information,

develop actions relevant to public health policy.

All of these actions should make the most of existing Community instruments, as

explained in Annex 1.

7.

CONCLUSION

Europe has always been a driving force in world sports. The states of the European

Union host

the majority of sports events each year. Hence the EU shoulders

particular responsibility in the war on doping, which constitutes a serious threat to

the development of sport and its credibility in that it “jeopardises the health of

sportsmen and women, falsifies the results of competitions, harms the image of sport,

particularly in the eyes of young people, and undermines the ethical dimension of
sport”, as the European Parliament emphasises in its resolution7.

Community action must reinforce and stimulate the measures taken by the national

authorities and sports organisations and mobilise Community instruments in favour

of the struggle. With the support plan it has proposed the Commission is responding

to the calls for action made by the European Council, the European Parliament and

the Committee of the Regions. In order to ensure continuity in this area the

7

Ibid. 2.

11

Commission will, every two years, publish a report on the results of Community and

national measures as well as trends in doping practices.

Finally, the Commission will strive to work hand in glove with the Council of

Europe. In particular, the Commission will consider, on the basis of Article 300 of

the Treaty, presenting a recommendation to the Council with a view to the
Community’s accession to the European Anti-Doping Convention8.

The Commission will also work closely with the other international partners

involved.

The Commission takes note of the opinion delivered by the European Group on

Ethics on the war on doping, and reaffirms its desire to contribute to the success of

the World Anti-Doping Agency and to put in place the Community support plan to

combat doping.

The Commission sees this Communication as a response to the demands of the other

institutions. It also wants to meet the expectations of European citizens, for whom

sport is of paramount social importance. Traditionally, Europe has played a leading

role in world sport. It has also been a forerunner in the war on doping. The

Community action should reinforce the campaign against doping, so that sport can

rediscover its true ethical dimension and promote the values it embodies as an

instrument in social integration, health improvement and the school of life.

8

Ibid. 4.

12

Annex 1

Text of 19 November 1999

COMMUNITY INSTRUMENTS IN THE WAR ON DOPING

13

To ensure that the campaign against doping in sport is sustained and durable, it is essential to

ensure real coordination and synergy between the measures taken by the different players in

their respective fields: sports community, states, international organisations, European Union

and the Anti-Doping Agency.

Each player has a unique role to play. At Community level, we must mobilise the European

Union’s instruments in the war on doping. For example, in the context of the Communication

from the Commission to the Council, the European Parliament, the Economic and Social

Committee and the Committee of the Regions on a European Union action plan to combat
drugs (2000-2004)1, doping was singled out as a scourge to be targeted. Besides, several

Community policies and instruments can contribute to combating doping. The efforts will

focus in particular on the following aspects:

1.

INTENSIFY RESEARCH INTO DOPING SUBSTANCES, DETECTION METHODS AND THE
HEALTH IMPACT OF DOPING

Community research actions have been actively contributing to combating doping in
sports for several years now. The Framework Programme2 endorses collaboration

between the Union’s competent research bodies and cooperation with other regions

of the world in the context of scientific and technical cooperation agreements.

–

Research is a decisive instrument in the war on doping notably because:

–

–

doping is a socio-economic phenomenon which, far from being marginal, is

engaged in by a large number of professional and amateur sportspersons;

the credibility of the decisions and guidelines adopted and the penalties for

cheating depend on the reliability of the detection system (from the

sampling stage to the report on the results);

–

modern doping techniques are continually evolving, and exploit advances in

medical and pharmacological knowledge;

1

2

COM/99/239.
Decision No 182/1999/EC of the European Parliament and of the Council of 22 December 1998
concerning the fifth framework programme of the European Community for research, technological
development and demonstration activities (1998 to 2002).

14

–

the health effects of the use of doping substances are not yet well

understood.

–

However, improvements are needed. The scientific criteria applied to doping,

testing structures for doping and the progress of research into the substances

used for doping vary from country to country. This diversity between countries

cannot curb, and sometime even facilitates, doping practices. In the face of this

rapidly developing socio-economic phenomenon,

the traditional structures

governing sport can no longer rely on inappropriate scientific tools. And going

beyond structural reform, better targeting and coordination of research work at

Union level will bring greater consistency and effectiveness to the war on

doping.

–

Currently, in the context of the Fifth Framework Programme, two specific

headings cover activities with an anti-doping dimension:

the programmes

“competitive and sustainable growth” and “quality of life”. Three main lines of

work are involved:

(i)

preparation of methods and instruments to detect and measure critical

substances;

(ii)

development of cooperation between anti-doping laboratories and

training of their technicians;

(iii)

understanding the long-term effects of doping on the individual.

–

Certain aspects should be fleshed out. Hence in the context of a Community

research project the International Olympic Committee (IOC) has identified

research priorities for

the Fifth Framework Programme, concerning the

development
technologies3:

of

basic medical

knowledge

and measurement-linked

Research of a medical and physiological nature

(“Quality of life” programme):

3

European Commission, Research DG – Standards, Measurements and Testing Programme
"Harmonising the ways and means of fighting against doping in sport (HARDOP)" – final report on
project SMT4-1998-6530.

15

–

reinforcement of the scientific basis for analysing the health risks

associated with the use of doping substances, including the socio-

economic and psychological aspects;

–

–

development of methods to prevent and control the use of doping

substances;

physiological changes caused by certain substances which facilitate

their detection; specific changes to certain blood parameters

(tracers) and modification of the definition of doping to allow them

to be used;

–

detection of

the potentially doping effects of pharmaceutical

substances,

in collaboration with the pharmaceutical

industry

(scientific watch of doping).

Research of a metrological nature

(“Competitive and sustainable growth” programme):

–

new measurement and detection methods and instruments for more

rapid,

reliable

and economical measurement of prohibited

substances;

–

–

–

–

quality control tools and reference substances for use by anti-

doping laboratories;

systems for the identification and protection of samples;

mobile laboratory and compatible instruments;

analytical databases for characterising substances.

–

In addition, an endeavour to support the research infrastructures (theme 3 of

the Fifth Framework Programme, “competitive and sustainable growth”) would

help provide the laboratories and the anti-doping bodies with a suitable

regulatory and normative framework which could be recognised by the police

and courts of different countries. The laboratories’ enhanced scientific and

technical credibility would allow them to cooperate with other sectors

(pharmacy, policy, customs etc.). These activities are notably designed to:

16

–

–

–

–

–

help anti-doping laboratories seeking to obtain ISO standard 17025

or ISO 9001 certification;

encourage the training of laboratory technical and management

staff and collectors of samples with a view to their accreditation,

with an eye to transnational controls and multidisciplinary teams;

develop and organise a high-quality system of mobile sampling and

monitoring units;

develop

interlaboratory test

systems

compatible with

the

requirements of traceability;

put in place banks of substances and reference materials.

The Fifth Framework programme for Research, Technological Development and

Demonstration Activities (1998-2002) could include as well

research on the

psychological and socio-economic factors involved in doping among professional

and non-professional athletes, within the theme quality of life and management of

living resources, research relating to public health and health services.

2.

ENLIST THE EDUCATION, VOCATIONAL TRAINING AND YOUTH PROGRAMMES IN THE
SERVICE OF INFORMATION AND TRAINING, AWARENESS-RAISING AND PREVENTION
AS REGARDS DOPING

The Commission’s programmes in the field of youth, education and vocational

training can make a useful contribution to the war on doping, notably as regards

awareness raising, prevention, training, and information. This mainly concerns the

Leonardo and Socrates programmes and the future Community youth action

programme. Even though the war on doping is not the main concern of these

programmes, they can make a substantial indirect contribution wherever projects

corresponding to the programme objectives and criteria are presented.

The Socrates programme4, a European Union action programme for cooperation in

the field of education, is designed to promote transnational cooperation to improve

4

Decision No 819/95/EC of the European Parliament and of
the Council of 14 March 1995
establishing the Community action programme ' Socrates' - Official Journal L 87/10, 20.04.1995.
Common position (EC) No 6/1999 adopted by the Council on 21 December 1998 with a view to the

17

the quality of education via transnational partnerships. The Leonardo programme5 is

an action programme designed to encourage vocational training in the European
Union. Finally, the future Community “youth” programme 6 concerns cooperation

policy in the field of youth, including the European Voluntary Service and exchanges

of young people within the Community and with third countries.

These three programmes, while pursuing general objectives, can make a non-

negligible contribution to the war on doping. The Community action programme on

youth is a good example. The objectives of this programme are as follows;

a)

promote the active contribution of young people in the construction of Europe

through participation in exchanges;

b)

reinforce the spirit of solidarity among young people by intensifying their

participation in transnational activities in the service of society;

c)

encourage entrepreneurship and initiative as well as creativity among young

people, to enable them to become fully integrated into society;

d)

reinforce cooperation in the field of youth policy by encouraging the pooling

of good practices, the training of youth leaders and the implementation of

innovative actions at European level.

This programme also contributes to realising the objectives pursued in other relevant

areas of Community policy.

The programme’s objectives are implemented by means of five measures:

–

Youth for Europe: intra-Community exchanges of young people, exchanges of

young people with third countries;

5

6

the European Parliament and of

adoption of Decision No .../1999/EC of
the Council of...
establishing the second phase of the Community action programme in the field of education - Official
Journal C 49, 22/02/1999, p. 42-64.
Council Decision 94/819/EC of 6 December 1994 establishing an action programme for
implementation of a European Community vocational
29/12/1994 p. 8 - 24
Council Decision of 26 April 1999 establishing the second phase of the Community vocational training
action programme 'Leonardo da Vinci' - Official Journal L 146, 11/06/1999 p. 33 - 47 .
Common position (EC) No 22/1999 adopted by the Council on 28 June 1999 with a view to the
adoption of Decision No.../1999/EC of the European Parliament and of the Council establishing the
'Youth' Community action programme - Official Journal C 210, 22/07/1999 p. 1 - 13.

the
training policy – Official Journal L 340,

18

–

–

–

–

European Voluntary Service: intra-Community European Voluntary Service,

European Voluntary Service with third countries;

initiatives in favour of young people;

joint actions;

flanking measures: training and cooperation of players in the field of youth

policy, information of young people and youth studies, support measures.

The “anti-doping” dimension can be integrated into these actions. The training of

youth leaders, exchanges of young sportspersons, and initiatives in favour of young

people are contexts in which anti-doping actions can be developed in the field of

training, information, awareness-raising and prevention. Of course, as in the case of

Leonardo and Socrates, the contribution of the youth programme to the war on

doping can only be indirect and will depend essentially on increased participation by

young people interested in sport in informal education projects consistent with the

objectives and criteria of the new programme. The only way to achieve this is to

enhance the level of sports association participation in the programme activities.

Besides - outside the framework of these programmes - the Directorate-General for

Education and Culture intends to spearhead an information and awareness-raising

campaign targeted at all sportspersons.

Finally, by making the most of its close links with the sports community and the

public authorities responsible for sport, the Commission will focus on combatting

doping and in particular:

–

–

encourage the pooling of information between sports officials, inter alia by

drawing attention to examples of good practices;

encourage the approximation and enforcement of laws, also as regards the rules

and practices of

the sports federations. This strategy will

respect

the

competences of all the partners concerned – states, sports community, etc. An

“anti-doping” monitoring group, consisting of representatives of the Member

States and the sports community, will be put in place to gauge progress on a

regular basis and to encourage the pooling of information.

19

The World Anti-Doping Agency will play crucial role in pursuing these objectives.

3.

MAKE THE MOST OF POLICE AND JUDICIAL COOPERATION PROGRAMMES

The war on doping within the European Union calls for closer police and judicial

cooperation, between police services, customs authorities and other law enforcement
authorities and the courts. In the context of the OISIN7 (Joint programme of

exchanges and training of, and cooperation between, law enforcement authorities)
and GROTIUS8 (programme of incentives and exchanges for legal practitioners) and

their possible follow-up programmes, one might consider actions in the field of

specific training, awareness raising and improved information pooling, exchange and

training programmes, and the organisation of meetings.

4.

REINFORCE MEDICAMENTS INFORMATION

The IOC’s list of prohibited substances is an integral part of the European Anti-
Doping Convention of the Council of Europe9. Certain pharmaceutical specialities

contain substances included on this list.

At Community level, Council Directive 92/27/EEC of 31 March 199210 lays down

certain conditions concerning the labelling of medicinal products for human use and

their package leaflets. Certain Member States indicate on the package leaflet of

certain specialities that the speciality concerned contains an active principle which

may lead to a positive reaction in tests carried out in the context of anti-doping

controls.

The Directive endorses this procedure in that it provides for “a special warning, if

this is necessary for the medicinal product concerned”. However, not all the Member

States have made use of this possibility.

7

8

9

10

97/12/JHA: Joint Action of 20 December 1996 adopted by the Council on the basis of Article K.3 of the
Treaty on European Union providing a common programme for the exchange and training of, and
cooperation between, law enforcement authorities ('Oisin') - Official Journal L 007, 10/01/1997 p. 5 - 8.
96/636/JHA: Joint Action of 28 October 1996 adopted by the Council on the basis of Article K.3 of the
Treaty on European Union, on a programme of incentives and exchanges for legal practitioners
('Grotius') - Official Journal L 287, 08/11/1996 p. 3 - 6.
Council of Europe – European treaties - EST No 135.
Official Journal L 113, 30/04/1992, p. 8 - 12.

20

Article 12 of this Directive states that the Commission may, as necessary, publish

guidelines concerning in particular the formulation of certain special warnings for

certain categories of medicinal products.

With a view to reinforcing information on pharmaceutical specialities containing

prohibited substances, the Commission proposes launching a discussion with the

Member States on this issue, notably in the context of the work of the upcoming

meetings of the Pharmaceutical Committee.

5.

DEVELOP ACTIONS RELEVANT TO PUBLIC HEALTH POLICY

The recent and massive proliferation of doping is now a public health problem as

well. Article 152 of the Treaty must, in this context, provide a basis for increased

coordination of policies on doping in sport. The Commission also intends to put

forward a proposal for a Council recommendation under Article 152 of the Treaty on

the prevention of doping in sport, especially in amateur sport.

The main objective of this recommendation is for Member States, in order to provide

for a high level of health protection in relation to the prevention of doping among

sportspersons, especially amateur sportspersons,

to promote sport as a healthy

lifestyle with awareness of the benefits of its practice and the consequences for

health and ethics of doping.

The proposal for a recommendation will require Member States, in order to facilitate

and promote sport free of doping agents and methods among athletes to:

a)

increase awareness among trainers and coaches,

train them to develop

preventive skills and make preventive tools available;

b)

include prevention of doping in the basic and continuous education of health

professionals and facilitate them with appropriate resources to develop a

preventive role;

c)

encourage prevention programmes developed by sports clubs, schools and

universities, community and health centres;

d)

promote the active participation of athletes through peer education and focus

on the sport team;

21

e)

inform parents about the risks of doping and encourage them to foster in their

children the basic values of good health, fair play and team spirit;

f)

mainstream doping prevention, when appropriate,

in drug dependency

prevention and health education programmes;

g)

take appropriate measures to avoid over-training and too many competitions

which leave no time for rest and may lead to doping.

In addition, Member States, in order to enhance knowledge about doping among

athletes and appropriate prevention will be requested to promote and review relevant

research in the context of their national research programmes, taking into account

Community and international research recommendations and efforts;

Finally, Member States, in order to contribute to the establishment of a consistent

framework of prevention of doping among athletes, should prepare reports on the

adoption and implementation of measures that they take in the field covered by this

Recommendation, and inform the Commission thereof after a period of three years

following the adoption of this Recommendation, indicating how the latter has been

taken into account in these measures.

The recommendation will invite the Commission:

–

–

–

–

–

to prepare a report on the epidemiological prevalence of doping among athletes

in the Community as a whole, and the motives for doping;

to encourage research on the effectiveness and efficiency of the different

strategies and programmes targeted to the prevention of doping among athletes;

to produce guidelines for the planing,

implementation and evaluation of

preventive programmes and strategies;

to support and co-ordinate exchanges of preventive programmes and activities

among health and sports professionals and centres in the Member States;

to keep the matters covered in this recommendation under review, with a view

to its revision and updating, and to prepare a report, within five years, taking

into account the reports of the Member States and the latest scientific data and

advice.

22

The new framework Public Health Action Plan, to be proposed shortly, will provide

opportunities to focus on anti-doping measures through its three main strands of

activity.

The programme of Community action on the prevention of drug dependence and the

programme of Community action on health promotion, information, education and

training have already been helping to combat drug dependence, in particular by

encouraging co-operation between the Member States, supporting their action and

promoting co-ordination between their policies and programmes; both programmes

may contribute to improving information, education and training aimed at preventing

doping and the associated risks, in particular, for young people, in the future.

23

Annex 2

EUROPEAN GROUP ON ETHICS

OPINION ON THE ETHICAL ASPECTS OF THE STRUGGLE AGAINST DOPING IN SPORT.

24

Opinion of the European Group on Ethics

in Science and New Technologies (EGE)

on the « Ethical Aspects arising from Doping in Sport »

Chairperson’s note : This Opinion is submitted at the present time because of its topical
nature. In addition, in a few weeks time, we shall be making available materials which
presents the overall context of doping in sport and the related ethical debate.

The European Group on Ethics in Science and New Technologies (EGE),

Having regard to the request for an Opinion by the European Commission of 22 April
1999 on doping in sport,

Having regard to the Treaty on European Community, and in particular its Title XIII
and Article 152 on public health and its Title III and Article 39 on free movement of
persons, services and capital,

Having regard to the Treaty on European Union, and in particular its declaration on
sport adopted by the Conference,

Having regard to the Council Directive 89/391/EEC of 12 June 1989 on the
introduction of measures to encourage improvements in the safety and health of
workers at work,

Having regard to the Council Directive 94/33/EC of 22 June 1994 on the protection of
young people at work,

Having regard to the Presidency conclusions of the December 1998 Vienna Council on
doping in sport,

Having regard to the Resolution of the Council and of the Representatives of the
Governments of the Member States of 3 December 1990 on Community action to
combat the use of drugs, including the abuse of medicinal products, particularly in
sport,

Having regard to the Declaration by the Council and the Ministers for Health of the
Member States, meeting within the Council of 4 June 1991 on action to combat the use
of drugs, including the abuse of medicinal products, in sport,

Having regard to the Resolution of the Council and of the Representatives of the
Governments of the Member States on a code of conduct against doping in sport
adopted in 1992,

Having regard to the European Parliament Resolution of 17 December 1998 on urgent
measures to be taken against doping in sport,

25

Having regard to the European Parliament Resolution of 13 April 1999 on criminal
procedures in the European Union,

Having regard to the Final declaration of the informal meeting of Ministers in January
1999 in Bad Godesberg,

Having regard to the Council Presidency conclusions of the informal meeting of the
Sport Ministers on 31 May to 2 June 1999 in Paderborn,

Having regard to the Commission staff working paper “The development and
prospects for Community action in the field of sport” of 29 September 1998

Having regard to the European Commission “non paper” “The fight against doping in
sport : options for European Union action” of 12 January 1999,

Having regard to the DG X (Information, Communication, Culture, Audiovisual)
consultation document “The European model of sport” of November 1998,

Having regard to national regulations and opinions expressed by national ethical
bodies within the European Union on doping in sport,

Having regard to the Council of Europe Anti-doping Convention adopted on 16
November 1989 and to the further extensive work deriving from it,

Having regard to the Council of Europe’s European Charter on Sport of 24 September
1992 and its Recommendation R(92)14 on the Code of Sporting Ethics, the purpose of
which is to ensure that safe and healthy sport, accessible to all, is practised at all
levels,

Having regard to the United Nations Convention on the Rights of the Child adopted by
the General Assembly on 20 November 1989,

Having regard to the Universal Declaration on the Human Genome and Human Rights
adopted by the General Conference of UNESCO on 11 November 1997,

Having regard to the Lausanne declaration on doping in sport adopted by the World
Conference on Doping in Sport on 4 February 1999,

Having regard to the hearing held on 21 September 1999 by the EGE, with experts,
representatives of the European Institutions and of interest groups (health, sport
federations, industry, religions),

Having heard the rapporteurs.

26

THE CONTEXT OF MODERN SPORT

2.1

Transformation of sporting activities and the values in sport

There is an urgent need for policy to take into account the profound change that has taken
place in sport in this century due to the influences of growing economic interests and of the
mass media on an increasingly global scale. These influences have accelerated medical and
technological developments in sport and related industries as well as increased the pressure
take into
put on the sports person. As a result, all action concerning doping must
consideration, in accordance with this change, the realisation that today performance and
victory prevail over competition and participation.

The Group thus intends to stress the tension that exists between anti doping measures and an
unlimited demand for enhanced performance.

2.2

Scope of the Opinion

DEFINITIONS

This Opinion applies directly to professional or semi-professional competitive sport. It may
apply to amateur sport, as the frontier between amateur and professional sport today is
becoming increasingly blurred. The Opinion applies only indirectly to “sport for all” (or
recreational sport).

2.3

Defining doping in sport

For the purpose of this Opinion, the Group proposes to define doping as «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».

2.4

Ethical approach to doping in sport

ETHICAL APPROACH

The demands that society places on sport cannot be reduced merely to seeking high
performance and economic financial gain for sportsmen/women, sport associations and the
media. Sporting activities, even professional and semi-professional sport, relate to ethical
in particular, fair play. Sporting activities are also based on a social compact,
values,
justifying the idea that sport is regarded as socially meaningful, valuable and as a cultural
good.

2.5

Fundamental European ethical principles in the fight against doping.

All measures taken at EU level should seek to prevent and to combat doping, as well as to
promote the health of sportsmen/women, and should take into consideration several ethical
principles which are central to the fight against doping. These include:

• protection of health and safety of citizens, which includes sportsmen/women;

27

• integrity and transparency, which requires guaranteeing the honesty of sports events and

the outlawing of cheating;

• protection of vulnerable persons, especially children;

• dignity of the sportspersons and freedom from exploitation.

2.6

Rights and obligations of sportsmen/women

The rights and obligations of sportsmen/women, which are important in the context of an
ethical approach to doping in sport, relate mainly to the following:

•

•

•

•

•

•

autonomy which implies that the sportsman/woman can make use of his/her body freely;

information about what kind of substances, methods and risks are involved;

competition under fair conditions, based on equality of access to competition;

protection from any kind of exploitation linked to economic interests which could
seriously limit the autonomy of the sportsman/woman;

participation in the implementation of ethical rules in sport;

participation in decision-making processes in the various sports concerned, with the aim
of informing the sportsmen/women about risks, advantages, forms of medicalization and
how rules are defined with regard to controls and sanctions.

2.7

Shared responsibilities and obligations of sports associations and sportsmen/women

Certain obligations are associated with the rights linked to sporting activities. Such
obligations include fair competition which means respect for the rules set down. Fairness not
only demands that all sportsmen/women understand and respect such mutually recognized
rules, but also requires that the sports associations (regional, national, european, international
federations as well as clubs) create conditions which ensure that the sportsmen/women are
able to respect those rules.

The sports associations at all levels, including International Federations (IFs) and the
International Olympic Committee (IOC), should actively promote sports ethics given their
global power and their financial resources. They must provide sportsmen/women with
information on what kind of substances, methods and risks are involved with a particular
sporting activity.

The right that sportsmen/women have to this information, and the duty of both parties
to adhere to anti-doping rules, should be laid down in their contracts. Both parties
should be liable to sanctions.

28

HEALTH ISSUES AND MEDICAL ETHICS

2.8

Sports medicine and ethics

The application of medicine in sports implies specific responsibilities for those who are
involved (doctors, trainers, masseurs, psychologists, pharmacists, etc.) in that they exercise
considerable influence on the sportsman/woman.

Even if it is generally accepted that the sports physician does not have a solely preventive
and/or therapeutic function, because he/she follows the sportsman/woman’s training, he/she
nevertheless must scrupulously respect
the ethical principles of his/her profession and
specifically the preservation of the sportsman/woman’s health.

Even in the EU member states where sports medicine is not recognised as a speciality, as
it is in four EU countries (Austria, Finland, Italy, Portugal), the EU should contribute
towards further training courses in sports medicine and in general medical education.

The EU should also encourage the Member States,
to organize
campaigns to raise awareness in educational institutions about the problems of health
and medicine in sport.

including financially,

Moreover, it is important that the EU encourages consultation between all parties involved,
especially organisations of medical practitioners directly associated with the sports
movement, with the aim of promoting the drafting of a code of good practice in sports
medicine.

2.9

Doping prevention and healthcare surveillance

The fight against doping cannot be limited to being repressive and can only be successful if
all parties involved are interested and make every effort possible to combat doping and
promote health in sport. This is the most desirable solution, considering the difficulties faced
by previous attempts by the sports movements to prevent and to control doping.

Consequently,
the main focus should be on the sportsman/woman’s health and on
guaranteeing consistent overall medical care. In this context, the Group recommends the
setting up of a service of specialized medical, psychological and informational support
for sportsmen/women which would be voluntary, non-binding and free of charge. This
would allow sportsmen/women to have their health evaluated wherever necessary.

The European Agency on the Evaluation of Medicinal Products EMEA should be
involved in evaluating the effects of doping on the physical and psychological health of
sportsmen/women. It should also be involved in issuing drug-warnings to athletes, directly
accessible on the Internet.

Special attention must be paid to new drugs which could be used as doping products,
especially drugs derived from genetic technologies which may be less detectable.

Furthermore, specific clauses on the protection of sportspersons should be introduced,
in so far as they are workers exposed to particular occupational hazards,
into
appropriate Community texts on the health and safety of workers.

29

2.10 Vulnerable Groups

Taking into account the growing number of children and adolescents involved in top-level
training methods and in sporting activities and the pressures exercised on them, measures to
preserve their health and to protect their autonomy must be strengthened.

Children and adolescents are particularly vulnerable to manipulation and exploitation,
including by doping. Psychological pressure, long training hours and demanding sponsoring
contracts can be considered analogous to child labour. In order to protect the childrens’
physical and psychological health, sporting activities at top-level should be governed by rules
similar to those applied to children “at work”. Such rules refer to the principles of the UN
Convention on the Protection of Children of 1990 and also to the EU Directive of June 1994
on the protection of young people at work, mentioned above.

Apart from their protection as “children at work”, children and adolescents have to be fully
informed about the risks and dangers arising from their activities, so that they can themselves
also take a decision on their sporting activities. In this respect, there is a specific duty by the
federations to inform the parents about those risks and dangers.

Furthermore, it is equally important to help the parents of young sportspersons assume the
particular responsibilities which require them to preserve the health of their children, to assist
their children in developing their autonomy, and fostering their personal enrichment.

A directive should be elaborated on the protection of children and adolescents in sport,
notably those who aspire to become professional or semi-professional.

2.11 Qualitative and quantitative approaches to doping

DOPING DETECTION

Only establishing a single list of prohibited substance for all kinds of sports is misconceived
in view of the need to safeguard sportsman/woman’s health and in this manner defining what
should or should not be considered as doping. The Group advocates a more science-based
approach, which takes account not only of certain substances according to their specific
nature, but also to the allowed dosage of associated medical substances which may interact to
jeopardise the health of the sportsman/woman. This should be based on up-to-date scientific
knowledge.

A European laboratory of reference should be established to act as a coordinator of a
European-wide network of licenced high quality laboratories.

In the perspective of an extension of the European Agency on the Evaluation of Medicinal
Products (EMEA)’s competences, it is recommended that the Agency also be given
competency to draw up and publish information on pharmaceuticals, registered in
Member States, which are susceptible to being used for performance enhancement and
hence for doping purposes.

2.12

The control of doping and the principle of the separation of functions

Without compromising the autonomy of the sporting associations, it is important that the
principle of independent judgement is respected in the carrying out of anti-doping measures,

30

in order to avoid a conflict of interest, which can arise when the same bodies act as both
judges and parties.

It follows from this principle that the sporting associations, notably the federations, cannot be
the only ones to carry out anti-doping controls. For one thing, these controls are insufficient if
they are limited to times of competition. Furthermore, the federations, for whom the essential
goal is to obtain from their athletes the best possible results, cannot alone be responsible for
controlling practices which have as their exact goal
the achievement of ever-better
performance. There is therefore a need for an external and independent system of control.

This system should provide for random controls, during, as well as outside competitions.

2.13

The control of doping as regards police and judicial cooperation

Police and judicial cooperation, provided for in the 3rd Pillar of the EU Treaty, should
be established at the EU level in the area of the fight against doping.

In the mean time, the Commission interservice group on drugs should have an enlarged
mandate to deal with drugs uses for doping in sport.

Special attention should be paid to the use of the Internet as a means to traffic in drugs for
the purpose of doping in sport.

2.14 A World Agency to combat doping in sport

WORLD AGENCY

Efforts initiated by the IOC to establish a World Agency to combat doping in sport address
the need to guarantee an external and independent dimension to the fight against doping.

However, the viability of such an agency is dependent on certain conditions which are
indispensible to its credibility and effectiveness.

These conditions are:

• A statute of independence: To guarantee the agency’s independence, representatives of the
sports movement,
should not have the majority of
responsibility over the management of the agency. Representatives of public bodies should
constitute at least 50 percent of the membership of the agency and its executive board.

including sportsmen/women,

• Transparency and accountability: The agency’s work should remain as transparent as
possible, through measures such as: the publishing of an annual report; the participation of
NGOs in certain areas of the agency’s work; transparency of the means of financing and in
decision-making procedures.

• Authority : In the event that the proposed agency does not have decision-making authority,
and in the event there is no other international organization that takes on an overarching
role, the agency must at least benefit from the assistance of the highest authorities available
both within and outside the field of sport.

31

• Neutrality and the role of conciliation: The agency’s statute must clearly define its mission
in order to avoid conflicting responsibilities with other bodies such as the IOC, the WHO,
and the EU. Finally, it is helpful to underline the potential role for the agency as a
conciliator between federations and their member sports persons.

• Competence : The agency should benefit from the assistance of the highest scientific and
ethical expertise both within and outside the field of sport. In particular, collaboration with
EMEA should be encouraged.

• The promotion of a sports ethic: Beyond research on doping and the health of
sportspersons, the agency should include an ethics department which is pluralist, multi-
disciplinary and independent, and which can be consulted, when necessary, at the request
of a state. There should also be funding for further ethical research.

Furthermore, the Group considers that the term “Anti-doping”, in the proposed name of the
agency, brings with it negative connotations and oversimplifies a complex issue. It would be
preferable to consider a name for the agency which implies a broader scope, such as:
« Agency for the Health and Safety in Sport ».

The Agency should elaborate and make public an « Annual Report on Health and Safety in
Sport ».

EDUCATION AND RESEARCH

2.15 Research

The Group insists on the need for epidemiological research on health consequences of
sporting activities, and follow-up studies, particularly long-term studies, on the growing
influence of medicine in sport and its abuse.

Further research on detection methods should also be promoted.

Research is also needed on the wider sociological aspects of sport, including the ethical and
juridical issues arising from the commercialization and medicalization of sport.

In particular, such research should be encouraged in the context of future Community
research framework programmes.

2.16 Raising awareness

Consensus conferences should be organised in cooperation with the sporting associations
and educational bodies, on the theme of doping and the health of sportspersons.

Education professionals should be sensitized to questions related to ethics in sport and its
instruction, in accordance with the education methods of each particular country.

32

2.17

Funding of anti-doping and health measures

FINANCE

Public authorities already contribute considerable funds to the support of sport. Sporting
activities generate a large amount of money. Furthermore, to ensure fair play is in the interests
of sport itself. It is therefore an ethical requirement that the money raised by sport
should contribute substantially to the efforts against doping and in favour of
sportspersons’ health and security.

2.18 Drafting a code of good conduct in sport

CODE OF CONDUCT

A European conference on doping in sport should be organised by the European Union in
cooperation with the Council of Europe, with the aim of having the participants (the
the sports movements, States, European institutions, professional medical
sportsperson,
industry, organizations representing
organizations, representatives of the pharmaceutical
youth and families, the media, audiovisual in particular...) agree on a common Declaration,
equivalent to a code of good conduct in sport.

The European Group on Ethics in Science and New Technologies:

The Members

Paula Martinho da Silva

Anne McLaren

Marja Sorsa

Ina Wagner

Göran Hermerén

Gilbert Hottois

Dietmar Mieth

Octavi Quintana Trias

Stefano Rodota

Egbert Schroten

Peter Whittaker

The Chairperson

Noëlle Lenoir

33

Annex 3

DOCUMENTS ON THE CREATION OF THE WORLD ANTI-DOPING AGENCY

34

ANTOINE ROCHAT
Doctor of Law
NOTARY
LAUSANNE
Grand-Chêne 8
_______

No. 1185

Agence mondiale antidopage
World Anti-Doping Agency

Foundation in Lausanne

__________

CONSTITUTIVE INSTRUMENT OF FOUNDATION

signed on 10th November 1999

35

Original number 1185 - of 10th November 1999  -------------------------------------------------------

CONSTITUTIVE INSTRUMENT OF FOUNDATION

BEFORE ANTOINE ROCHAT, NOTARY, in Lausanne for the district of Lausanne,

the following appears:

the INTERNATIONAL OLYMPIC COMMITTEE, an association under Swiss law, the

seat whereof is in Lausanne,  ---------------------------------------------------------------------------

represented by its President, Mr Juan Antonio Samaranch, who represents it pursuant to
the Olympic Charter, and its Director General, Mr François Carrard.  ------------------------------

The founder declares the constitution of a foundation in the meaning of articles eighty et

seq. of the Swiss Civil Code, named --------------------------------------------------------------------

-------  AGENCE MONDIALE ANTIDOPAGE  --------
--------  WORLD ANTI-DOPING AGENCY,  --------

the seat whereof is in Lausanne.  -------------------------------------------------------------------

The founder establishes the statutes of the foundation as follows:  --------------------------

-----  Article 1  -  Designation  -----

Under the name "Agence mondiale antidopage", "World Anti-Doping Agency",
hereinafter referred to as "the Foundation" or “the Agency”, is constituted a Foundation
governed by the present provisions and articles eighty et seq. of the Swiss Civil Code.  ----------

-----  Article 2  -   Seat  -----

The seat of the Foundation is in Lausanne.  ------------------------------------------------------

The seat of the Foundation may be transferred to another location, in Switzerland or

another country, with the agreement of the supervisory authority.  ----------------------------------

The site of the Agency may be in a different location from the seat of the Foundation.

-----  Article 3  -  Duration  -----

The duration of the Foundation is unlimited.  ---------------------------------------------------

36

----- Article 4  -  Object  -----

The object of the Foundation is:  ------------------------------------------------------------------

1)

2)

3)

4)

5)

6)

7)

to promote and coordinate at international level the fight against doping in sport in
all its forms; to this end, the Foundation will cooperate with intergovernmental
organizations, governments, public authorities and other public and private bodies
fighting against doping in sport, inter alia the International Olympic Committee
(IOC), International Sports Federations (IF), National Olympic Committees (NOC)
and the athletes; it will seek and obtain from all of the above the moral and political
commitment to follow its recommendations; ----------------

to reinforce at international level ethical principles for the practice of doping-free
sport and to help protect the health of the athletes;  -----------------------------------

to establish, adapt, modify and update for all the public and private bodies
concerned, inter alia the IOC, IFs and NOCs, the list of substances and methods
prohibited in the practice of sport; the Foundation will publish such list at least once
a year, to come into force on 1st January of each year, or at any other date fixed by
the Foundation if the list is modified during the course of the year; -------

to encourage, support, coordinate and, when necessary, undertake, in full
cooperation with the public and private bodies concerned, in particular the IOC, IFs
and NOCs, the organization of unannounced out-of-competition testing; -----

to develop, harmonize and unify scientific, sampling and technical standards and
procedures with regard to analyses and equipment, including the homologation of
laboratories, and to create a reference laboratory;  --------------------------------------

to promote harmonized rules, disciplinary procedures, sanctions and other means of
combating doping in sport, and contribute to the unification thereof, taking into
account the rights of the athletes; ----------------------------------------------------

to devise and develop anti-doping education and prevention programmes at
international level, with a view to promoting the practice of doping-free sport in
accordance with ethical principles;  --------------------------------------------------------

8)

to promote and coordinate research in the fight against doping in sport. -----------

The Agency will be entitled to prepare plans and proposals with a view to its conversion,

if necessary, into a different structure, possibly based on international public law.

The Agency will above all seek to build on the existing corresponding skills, structures

and networks, and create new ones only when necessary.  The Agency may, however, set up
working parties, commissions or working groups, on a permanent or ad hoc basis, in order to
accomplish its tasks.  It may consult with other interested private or public organizations, which
may or may not be involved in sport. -------------------------------------------------------------

In order to achieve its object, the Foundation has the right to conclude any contract, to

acquire and transfer, free or against payment, all rights, all movables and any real estate of
whatever nature, in any country.  It may entrust the performance of all or part of its activities to
third parties.  -----------------------------------------------------------------------------------------------

37

----- Article 5  -  Capital and resources  -----

The founder endows the Foundation with an initial capital of five million Swiss francs
(SFr. 5,000,000.-). ---------------------------------------------------------------------------------------------

The other resources of the Foundation shall consist of any other allocations, donations,

legacies and other forms of allowance, subsidy or other contributions from all natural or legal
persons and all intergovernmental organizations, governments, public authorities and other
public and private bodies.  ----------------------------------------------------------------------------------

-----  Article 6  -  Foundation Board  -----

The Foundation Board will initially be composed of at least ten members.  This number

may be increased to a total of no more than 35 members.  The members of the Foundation
Board are personalities appointed for a period of three years.  They may be re-elected for two
further three-year periods.  The first members of the Foundation Board, including the first
chairman, will be appointed by the founder.  The Foundation Board will be added to in
accordance with the following principles: ----------------------------------------------------------------

1.  A maximum of 16 members will be appointed by the Olympic Movement, with the allocation
of seats to be defined in the rules which the Foundation Board will enact. ------------

2.  A maximum of 16 members will be appointed by the intergovernmental organizations,
governments, public authorities or other public bodies involved in the fight against doping in
sport (hereinafter “public authorities”), with the allocation of seats to be defined in the rules
which the Foundation Board will enact. ------------------------------------------------------------------

3.  The other members will, if necessary, be appointed by the Foundation Board upon the joint
proposal of the Olympic Movement and the public authorities. -------------------------------

4. As a general rule, when it is renewed and added to, the Foundation Board will seek to ensure
that parity is maintained between, on one side, the members of the Foundation Board
representing the Olympic Movement (viz. the IOC, ASOIF, AIWF, GAISF, ANOC and the IOC
Athletes’ Commission), and, on the other side, those representing the public authorities.  The
provisions of paragraph 6 below are reserved. -----------------------------------------------------

5.  The Foundation Board may also invite a limited number of intergovernmental organizations
or other international organizations to act in a consultative capacity for the Foundation.  Such
organizations, which will be invited on the basis of their legitimate interest in the work of the
Foundation and their powers in the corresponding areas, may take part in the discussions of the
Foundation Board but may not vote when the Foundation Board takes decisions.  ------------------
------------------------------------------------------------------------------------

6.  To the extent that the annual allocations or contributions to the budget of the Foundation
paid pursuant to article 13, paragraph 1 below, by the Olympic Movement on one side, and by
the public authorities on the other side, are equivalent, each of the two parties, namely the
Olympic Movement on one side, and the public authorities on the other side, will be entitled to
designate an equal number of Foundation Board members.
allocations by each of the two above-mentioned parties, the number of Foundation Board
members who may be designated by the party whose allocation actually paid is lower will be at
least one fewer than the number of members designated by the other party.  This system will

Failing such equivalent annual

38

apply for as long as the annual allocations or contributions to the Foundation budget paid by the
two above-mentioned parties are not equivalent. ---------------------------------------------------

7.  The Foundation Board may depart from the rules laid down in paragraphs 1 to 6 above by a
unanimous decision on the part of its members.  -----------------------------------------------------

8.  The Foundation Board will see to it that its members, the members of the Executive
Committee and any other person acting on behalf of the
the fundamental principles of
integrity and

impartiality. ---------------------------------------------------------------------------

ethics, in particular those with regard to independence, dignity,

Foundation in whatever capacity respect

-----  Article 7  -  Organization of the Foundation Board  -----

The Foundation Board is self-organized.  It appoints a chairman, a vice-chairman and a
secretary; the secretary may be chosen from outside the Foundation Board.  ----------------------

----- Article 8  -  Meetings and Decisions of the Foundation Board  -----

The Foundation Board meets as often as is necessary, but at least once a year.  The
meetings of the Foundation Board are convened by the chairman or by the secretary; upon
delegation of the chairman.  The chairman is bound to convene a meeting of the Foundation
Board at the written request of at least five members. --------------------------------------------------

A set of minutes, signed by the chairman and by the minute-taker, records the
deliberations and decisions of the Foundation Board.  -------------------------------------------------

At meetings, the members of the Foundation Board have the right to ask the persons

entrusted with running and representing the Foundation for information on the conduct of the
activities of the Foundation and on specified questions.  ------------------------------------------

The Foundation Board takes its decisions by an absolute majority of the votes of the
members present; in the event of a tie, the chairman has the casting vote.  The provisions of
article 16, paragraph 2 of the present statutes are reserved.  Furthermore, a unanimous vote by
the Foundation Board members present is required for designating or transferring the site of the
Agency and for appointing the Executive Committee. --------------------------------------------

The decisions of the Foundation Board may be taken in the form of approval given in

writing to a proposal, unless discussion thereof is required by any of the members; decisions shall
be recorded in the minutes.  --------------------------------------------------------------------------

39

 
 
 
----- Article 9  -  Attributions of the Foundation Board -----

The powers of the Foundation Board are determined, with regard to the Foundation, by
the Law, the present statutes and all other rules and decisions of the Foundation Board. --------

The Foundation Board has the inalienable right to:  --------------------------------------------

1.

2.

3.

4.

5.

Propose amendments to the present statutes.  -------------------------------------------

Appoint the auditing body of the Foundation.  ------------------------------------------

Appoint the Executive Committee provided for in the present statutes.  -----------

Appoint, if it deems it necessary to do so, other ad hoc or standing committees, inter
alia a scientific committee, with the task of providing opinions or advising the
Foundation on specific issues  or in specific fields.  -------------------------------------

Take all decisions relating to the acquisition, against payment, or transfer, free or
against payment, of all real estate. ----------------------------------------------------------

----- Article 10  -  Obligations of the Foundation Board -----

The Foundation Board is obliged, in particular: -------------------------------------------------

1.

2.

3.

4.

5.

6.

to ensure the independence of the Foundation and transparency in all its activities; --
--------------------------------------------------------------------------------------

to supervise the committees or persons entrusted with the running and
representation of the Foundation, in order to ensure that the activity of the
Foundation is in accordance with the Law, the present statutes and the rules, and to
keep itself informed about the conduct of the activities of the Foundation; -----

to appoint the members of the Executive Committee and other committees
provided for in the present statutes; -------------------------------------------------------

to promulgate the rules relating to the Foundation Board itself, the Executive
Committee and other committees, together with all other rules indispensable to the
operation of the Foundation, subject to the approval of the supervisory authority; ---
------------------------------------------------------------------------------------

to see to it that the minutes of the Foundation Board and the necessary books are
duly kept and that the management report, profit and loss account and balance sheet
are established in conformity with the provisions of the Law;  -----------------

to publish, each year, a report in English and French on all its activities, its profit
and loss account and its balance sheet, in accordance with the applicable legal
requirements. ----------------------------------------------------------------------------------

40

----- Article 11 - Executive Committee -----

The Foundation Board delegates to an Executive Committee of at least five members and

a maximum of nine members, the majority chosen from amongst the Foundation Board
members, the actual management and running of the Foundation, the performance of all its
activities and the actual administration of its assets.  ----------------------------------------------------

The members of the Executive Committee are appointed by the Foundation Board for
periods of one year.  They may be re-elected. -----------------------------------------------------------

Furthermore, in the event of the incapacity or death of a member of the Executive

Committee, he will be replaced immediately, either by the Foundation Board, or temporarily by
the Executive Committee; such temporary appointment shall become final only upon its
ratification by the Foundation Board, no later than during the next meeting of the Board. -----

The chairman of the Executive Committee is appointed by the Foundation Board.

Moreover, from among its members the Executive Committee appoints, inter alia, a vice-
chairman, if it deems it necessary to do so;  it further appoints a secretary, who may be chosen
from outside the Executive Committee,  --------------------------------------------------------

The Executive Committee is competent to take all decisions which are not reserved by

the Law or by the present statutes for the Foundation Board; its mission and organization will be
specified in one or more sets of rules which the Foundation Board will promulgate to this end. ---
----------------------------------------------------------------------------------------------------------

----- Article 12  -  Representation of the Foundation -----

The Foundation is duly represented and bound vis-à-vis third parties by the collective

signature of two of the persons designated as follows by the Foundation Board or the founder, in
conformity with the method of signature below: -----------------------------------------

a)

b)

at least two members of the Executive Committee;  ------------------------------------

at least two members of the Foundation Board; one of the two co-signatories must
however be one of the members appointed by the Olympic Movement, and the
other must be one of the members appointed by the public authorities. -------

-----  Article 13  -  Annual management report, balance sheet
and profit and loss account  -----

No later than 30th November of each year, the Foundation Board shall  approve the budget  for
the following financial year; failing such approval by a unanimous decision of the Board members
present, the budget of  the  current  year  shall  apply  to  the  next  year.  The  annual  allocations  and
other contributions shall be paid no later than 31st December of each year for the following year.
-------------------------------------------------------------------------------------------

Each year,  the  Foundation  Board  submits  to the  supervisory  authority the  management  report,
balance sheet and profit and loss account as approved by the Board.  ------------------------------

The financial year corresponds to the calendar year.  The first financial year will thus end on 31st
December 2000.  ---------------------------------------------------------------------------------------

41

-----  Article 14  -  Auditing body  -----

Each year, the Foundation Board designates a qualified and independent auditing body.
Each year, the auditing body submits to the Foundation Board a report on the accounts of the
Foundation; such report will be submitted to the supervisory authority.  ---------------------------

-----  Article 15  -  Indemnities  -----

The members of the Foundation Board are not entitled to any indemnity for the
performance of their functions; they are however entitled to reimbursement of their expenses
subject to the conditions fixed by the Foundation Board.  --------------------------------------------

For the performance of their functions, the members of the Executive Committee are entitled to
an annual indemnity fixed by the Foundation Board, and to the reimbursement of their expenses.
------------------------------------------------------------------------------------------------------

The auditing body is entitled to fees in accordance with professional practice.  --------------------

The staff employed by the Foundation is entitled to the remuneration fixed by the Executive
Committee, which also decides on the other conditions of employment. ---------------------------

----- Article 16  -  Modification of the statutes  -----

The Foundation Board may propose amendments to the present statutes to the
supervisory authority. ----------------------------------------------------------------------------------------

Any proposed amendment, in particular any change to the object of the Foundation,

must be approved unanimously by the members of the Foundation Board who are present. ---

----- Article 17  -  Dissolution -----

The Foundation may be dissolved in the cases provided for by the Law. -------------------

The Foundation Board may designate one or more liquidators.  -----------------------------

No winding up measure may be performed without the express agreement of the
supervisory authority. ----------------------------------------------------------------------------------------

Any surplus from winding up is given, with the agreement of the supervisory authority, to

an institution pursuing the same or a similar object. -------------------------------------------------

42

-----  Article 18  -  Entry in the Trade Register  -----

The Foundation will be entered in the Lausanne Trade Register.  ----------------------------

-----  Article 19  -  Supervisory Authority  -----

The Foundation will be placed under the supervision of the Federal Department of the
Interior, the competence whereof is hereby reserved. --------------------------------------------------

______________________

In application of article six of the statutes recorded above, the founder appoints the

following persons as members of the first Foundation Board: ----------------------------------------

- Richard W. Pound of Canada, in Montreal (Canada), first chairman; ------------------------------

- Prince Alexandre de Merode, of Belgium, in Brussels (Belgium); -----------------------------------

- Jacques Rogge, of Belgium, in Deinze (Belgium); -----------------------------------------------------

- Arne Ljungqvist, of Sweden, in Enebyberg (Sweden); ------------------------------------------------

- Hein Verbruggen, of the Netherlands, in Lutry; -------------------------------------------------------

- Anders Besseberg, of Norway, in Vestfossen (Norway); ---------------------------------------------

- Johann Olav Koss, of Norway, in Teneriffe (Australia); ----------------------------------------------

- Robert Ctvrtlik, of the United States of America, in Newport Beach (USA); ---------------------

- Manuela Di Centa, of Italy, in Meina (Italy); -----------------------------------------------------------

- Peter Tallberg, of Finlande, in Esbo (Finland); --------------------------------------------------------

- Suvi Linden, of Finland, in Helsinki (Finland); --------------------------------------------------------

- Awoture Eleyae, of Nigeria, in Yaoundé (Cameroon). -----------------------------------------------

The founder recalls that the other members of the Foundation Board will be appointed
by the Board, upon the proposal of the interested bodies, in particular the ASOIF and ANOC,
the second member representing the European Union and the Council of Europe. ---

The Foundation will be domiciled initially in Lausanne, at the Château de Vidy, at the

headquarters of the founder, which accepts such domiciliation. --------------------------------------

43

 
IN WITNESS WHEREOF read by the notary to the persons appearing, who approve

and sign with him, forthwith, in LAUSANNE, this TENTH  NOVEMBER NINETEEN
HUNDRED AND NINETY-NINE. --------------------------------------------------------------------

The original is signed:  -------------------------------------------------------------------------------

Juan A. Samaranch; Carrard; A. Rochat, notary.  -----------------------------------------------

_________________________

44