Doc. 9024

10 April 2001

Doping in sport

Recommendation 1464 (2000)

Reply from the Committee of Ministers

adopted at the 748th meeting of the Ministers’ Deputies (3 April 2001)

The Committee of Ministers has studied with great interest Parliamentary Assembly Recommendation 1464 (2000) on doping in sport. It fully supports the Assembly’s concerns regarding this matter and welcomes the political support of the Assembly as regards the importance of the Council of Europe Anti-Doping Convention as the sole legal framework for European and international co-operation in the fight against doping.

Since the Convention entered into force in 1990, the Council of Europe Monitoring Group of the Anti-Doping Convention (T-DO) has adopted several recommendations covering various areas of the Convention with a view to co-ordinating and harmonising the national anti-doping policies and programmes of the parties to the Convention (see the list in the Appendix to the Opinion).

With regard to points 6.i and 6.ii of the Assembly’s Recommendation, one of the very first texts adopted by the Monitoring Group (Recommendation N 2/94) deals with measures to regulate anabolic/androgenic steroids and other doping substances. More recently, aware that governments need to pass laws and harmonise their legislation, and acting on the basis of a resolution adopted by the European Ministers responsible for Sport at their 9th Conference (Bratislava, 30-31 May 2000), the Committee of Ministers approved a Recommendation (Recommendation (2000)16 on common core principles to be introduced into national legislation to combat the traffic in doping agents) on common core principles to be introduced into national legislation to combat the traffic in doping agents. In particular, paragraph 3.c of that Recommendation advocates improving information about medicines and the contents of food supplements.

With regard to point 6.iii, the Monitoring Group played an active role in setting up the World Anti-Doping Agency (WADA). Following the Committee of Ministers’ decision approving the involvement of the Council of Europe and the Monitoring Group in WADA, the Secretary General’s representative and the Chair of the Monitoring Group became titular members of the WADA Foundation Board. Two of the four seats allocated to Europe are therefore occupied by Council of Europe representatives. This involvement provides a guarantee for the independence and transparency of the agency.

With regard to point 6.iv, the financial resources allocated to anti-doping work have been doubled in the budget estimate for 2001 due to adjustments within the Sports Fund.

With regard to point 6.v on the accession of more states to the Convention, significant progress has been made in recent years: to date, 36 states have ratified the Convention and 6 others have signed it but not yet ratified it (see Appendix II to the reply).

It should be noted that several recent international anti-doping summits and meetings (see footnote 1 in the Opinion of the T-DO appended to this reply) recognised the Convention as the benchmark international instrument for co-ordinating national anti-doping policies and urged the nations of all continents to join the Convention.

Point 6.ii of the text directly concerns member states and thus the Committee of Ministers decided to draw their attention to these recommendations.

*

* *

Appendix I

Opinion of the Monitoring Group of the Anti-Doping Convention

on Parliamentary Assembly Recommendation 1464 (2000) on doping in sport

1.       The Monitoring Group has taken note with interest of Parliamentary Assembly Recommendation 1464 (2000) on doping in sport.

2.       The Monitoring Group entirely agrees with the Assembly that doping endangers both the health of athletes and the ethical foundations of sport. With regard to the scandals mentioned in paragraph 1, the list of cases of doping, be they spectacular or otherwise, is, unfortunately, much longer.

3.       The Monitoring Group welcomes the political support of the Assembly, which confirms that the Anti-Doping Convention (T-DO) is the sole legal framework for European and international co-operation in the fight against doping.

4.       Since the Convention entered into force in 1990, the Monitoring Group has adopted several recommendations covering various areas of the Convention with a view to co-ordinating and harmonising the national anti-doping policies and programmes of the parties to the Convention (see list in Appendix).

5.       With regard to points 6.i. and 6.ii of the Assembly recommendation, one of the very first texts adopted by the Monitoring Group (Recommendation No. 2/94) concerned measures to regulate anabolic/androgenic steroids, etc. More recently, aware that governments need to pass laws and harmonise their legislation, and acting on the basis of a resolution adopted by the European Ministers responsible for Sport (at their 9th conference, in Bratislava on 30 and 31 May 2000), the Committee of Ministers approved a recommendation (Rec (2000) 16) on common core principles to be introduced into national legislation to combat the traffic in doping agents (CM 720th meeting, 13 September 2000). In particular, paragraph 3.c. of that recommendation advocates improving information about medicines and the contents of food supplements.

5.1       As far as the harmonisation of the regulations adopted by the relevant international sports organisations is concerned, the prime responsibility lies with the recently established World Anti-Doping Agency (WADA).

6.       With regard to point 6.iii, the Monitoring Group played an active role in setting up the World Anti-Doping Agency. Following the Committee of Ministers’ decision approving the involvement of the Council of Europe and the Monitoring Group in the WADA, the Secretary General’s representative and the Chair of the Monitoring Group are titular members of the WADA Foundation Board. Two of the four seats allocated to Europe are therefore occupied by Council of Europe representatives. This involvement helps give a much higher profile to the anti-doping activities of the Monitoring Group and the Council of Europe and provides a guarantee for the independence and transparency of the agency.

6.1       It should be noted that, from 1 January 2002, the WADA is due to be jointly funded on an equal basis by the Olympic Movement and public bodies. The ways and means of doing this are being discussed in the months to come.

7.       With regard to point 6.iv, the financial resources allocated to anti-doping work have been doubled in the budget estimate for 2001, thanks to adjustments within the Sports Fund. However, the sum allocated (approximately €90 000) remains relatively modest in relation to actual needs, and it should be noted in passing that human resources remain unchanged.

8.       With regard to point 6.v on the accession of more states to the Convention, significant progress has been made in recent years: to date, 36 states have ratified the Convention and 6 others have signed it but not yet ratified it. The Monitoring Group seizes every possible international opportunity to promote the Convention. Several recent international anti-doping summits and meetings1 have recognised the Convention as the benchmark international instrument for co-ordinating national anti-doping policies and urged the nations of all continents to join the Convention. Many countries that have been provided with more information have recently expressed interest in joining the Convention (initially as observers).

9.       With regard to point 6.vi.a, the Monitoring Group draws attention to Article 7.2.e of the Convention, which calls for the harmonisation of “procedures for the imposition of effective penalties for officials, doctors, veterinary doctors, coaches, physiotherapists and other officials or accessories associated with infringements of the anti-doping regulations by sportsmen and sportswomen.” Recommendation No. 1/96 adopted by the Monitoring Group pursuant to this article concerns disciplinary measures to be taken against members of athletes’ entourages. Wishing to strengthen the protection for minors engaging in sports, the Monitoring Group extended the scope of this recommendation to minors in a further recommendation adopted in 1997, viz recommendation No. 1/97.

9.1       Paragraph 2 of Recommendation Rec (2000) 16 of the Committee of Ministers mentioned above states that “[national] legislation should also target the act of prescribing, supplying, offering, administering or applying prohibited doping agents to athletes, that of facilitating their use and that of encouraging athletes in any way at all to use them. […]”.

9.2.       Of course, effective penalties should be imposed on athletes found guilty of doping offences, regardless of how famous the athletes are, and mutual recognition of suspensions and other penalties imposed by other sports organisations should be guaranteed.

10.       With regard to point 6.vi.b, aware that information and education are important means of preventing and reducing doping in sport, the Monitoring Group joined forces with the European Union to draw up a Clean Sport Guide (CSG). Its purpose is to help the relevant national organisations to plan and implement educational action against doping. Depending on the availability of financial resources, it is planned to produce a multimedia version of the guide.

10.1       The Monitoring Group’s activities in this area have not been restricted to top-level sport. A project initiated by the Monitoring Group looked into the use of doping agents outside sport (in particular in gyms). Studies have been conducted and evaluated by a multidisciplinary group (comprising experts from the Monitoring Group, the Pompidou Group, and the Partial Agreement in the Social and Public Health Field). Lastly, a Sprint seminar2 organised on the subject by the Council of Europe produced a number of proposals on determining, inter alia, the health consequences of the use of doping agents. However, the budgetary situation has prevented these proposals from being taken forward for the time being.

11.       With regard to point 6.vi.c, the Monitoring Group believes that common methods and means could certainly be used in efforts to combat drug trafficking and trafficking in doping agents. Indeed, this is in line with the spirit of one of the measures advocated in the recommendation adopted by the Committee of Ministers (cf. Rec (2000) 16, paragraph 3.d and seq.). However, implementation of texts of this kind is limited by the great differences that exist between the approaches of individual national legal systems to the issue of drugs.

12.       Lastly, the Monitoring Group realises that adopting legal documents will not in itself solve the problem of doping. Of course, regulations are necessary, and they must be harmonised. Above all, however, the regulations must be complied with and applied at national and international level if they are to have practical results. The Monitoring Group believes that greater emphasis must be placed on honouring of the commitments entered into by the parties to the Convention. A number of proposals were considered and approved at the 9th Ministerial Conference in Bratislava. In particular, they involved the setting up of a binding control mechanism to ensure better monitoring of compliance with the Convention. The Committee of Ministers has asked the Monitoring Group to draft an amending protocol to the Convention for this purpose (cf. CM, 720th meeting, 13 September 2000).

Appendix to the Opinion

Recommendation No. 2/94 on measures to restrict the availability of anabolic steroids, etc.

Recommendation No. 1/95 on standard urine sampling procedures for doping control in and out of competition.

Recommendation No. 1/96 on disciplinary measures to be taken with regard to members of the athlete's entourage.

Recommendation No. 1/97 on disciplinary measures to be taken with regards to members of the athlete's entourage and protection of minors.

Recommendation No. 1/98 on standard operating procedures at doping control laboratories [procedures for non-analytical phases].

Recommendation No. 2/98 on basic principles for disciplinary phases of doping control.

Recommendation No. 3/98 on blood sampling for doping medical controls.

Declaration (March 2000) on the international protocol for doping control (ISO/PAS 18873).

Declaration (March 2000) on the use of altitude rooms/hyperbaric chambers.

Adoption -at each revision- of the reference list of prohibited pharmacological classes of doping agents and doping methods.

Appendix II

CouncilEurope

ANTI-DOPING CONVENTION
ETS n : 135

Treaty open for signature by the member States, the other States Parties to the European Cultural Convention States and the non-member States which have participated in its elaborabion and for accession by the other non-member States

Status as of 12/02/01

OPENING FOR SIGNATURE :
Place : Strasbourg
Date : 16/11/89

ENTRY INTO FORCE :
Conditions : 5 Ratifications including 4 member States.
Date : 01/03/90

Member States of the Council of Europe:

States

Date of
signature

Date of
ratification

Date of entry
into force

Notes

R.

D.

A.

T.

C.

O.

Albania

02/02/95

 

 

 

 

 

 

 

 

 

Andorra

 

 

 

 

 

 

 

 

 

 

Armenia

26/05/00

 

 

 

 

 

 

 

 

 

Austria

10/05/90

10/07/91

01/09/91

 

 

 

 

 

 

 

Azerbaijan

 

 

 

 

 

 

 

 

 

 

Belgium

16/11/89

 

 

 

 

 

 

 

 

 

Bulgaria

24/03/92

01/06/92

01/08/92

 

 

 

 

 

 

 

Croatia

 

27/01/93 (su)

01/03/93

 

 

 

 

 

 

 

Cyprus

20/06/91

02/02/94

01/04/94

 

 

 

 

 

 

 

Czech Republic

28/04/95 (s)

28/04/95 (s)

01/06/95

 

 

 

 

 

 

 

Denmark

16/11/89 (s)

16/11/89 (s)

01/03/90

 

 

 

 

X

 

 

Estonia

14/05/93

20/11/97 (a)

01/01/98

 

 

 

 

 

 

 

Finland

16/11/89

26/04/90

01/06/90

 

 

 

 

 

 

 

France

16/11/89

21/01/91

01/03/91

 

 

 

 

X

 

 

Georgia

 

 

 

 

 

 

 

 

 

 

Germany

27/05/92

28/04/94

01/06/94

 

 

 

 

 

 

 

Greece

10/10/90

06/03/96

01/05/96

 

 

X

 

 

 

 

Hungary

29/01/90 (s)

29/01/90 (s)

01/03/90

 

 

 

 

 

 

 

Iceland

25/03/91 (s)

25/03/91 (s)

01/05/91

 

 

 

 

 

 

 

Ireland

25/06/92

 

 

 

 

 

 

 

 

 

Italy

16/11/89

12/02/96

01/04/96

 

 

 

 

 

 

 

Latvia

23/01/97

23/01/97

01/03/97

 

 

 

 

 

 

 

Liechtenstein

16/11/89

22/05/00

01/07/00

 

 

 

 

 

 

 

Lithuania

01/04/93

17/05/96

01/07/96

 

 

 

 

 

 

 

Luxembourg

16/11/89

21/06/96

01/08/96

 

 

 

 

 

 

 

Malta

09/09/94

 

 

 

 

 

 

 

 

 

Moldova

 

 

 

 

 

 

 

 

 

 

Netherlands

04/12/90

11/04/95

01/06/95

 

 

 

 

X

 

 

Norway

16/11/89 (s)

16/11/89 (s)

01/03/90

 

 

 

 

 

 

 

Poland

16/11/89

07/09/90

01/11/90

 

 

 

 

 

 

 

Portugal

14/06/90

17/03/94

01/05/94

 

 

 

 

 

 

 

Romania

16/06/94

07/12/98

01/02/99

 

 

 

 

 

 

 

Russia

 

12/02/91 (a)

01/04/91

25

 

 

 

 

 

 

San Marino

16/11/89

31/01/90

01/03/90

 

 

 

 

 

 

 

Slovakia

06/05/93 (s)

06/05/93 (s)

01/07/93

 

 

 

 

 

 

 

Slovenia

 

02/07/92 (su)

01/09/92

 

 

 

 

 

 

 

Spain

16/11/89

20/05/92

01/07/92

 

 

 

 

 

 

 

Sweden

16/11/89

29/06/90

01/08/90

 

 

 

 

 

 

 

Switzerland

16/11/89

05/11/92

01/01/93

 

 

 

 

 

 

 

the former Yugoslav Republic of Macedonia

 

30/03/94 (su)

01/05/94

 

 

 

 

 

 

 

Turkey

16/11/89

22/11/93

01/01/94

 

 

 

 

 

 

 

Ukraine

02/07/98

 

 

 

 

 

 

 

 

 

United Kingdom

16/11/89 (s)

16/11/89 (s)

01/03/90

 

 

 

 

X

 

 

Non-member States of the Council of Europe:

States

Date of
signature

Date of
 ratification 

Date of entry
into force

Notes

R.

D.

A.

T.

C.

O.

Australia

 

05/10/94 (a)

01/12/94

 

 

 

 

 

 

 

Belarus

 

 

 

 

 

 

 

 

 

 

Bosnia and Herzegovina

 

29/12/94 (su)

01/02/95

 

 

 

 

 

 

 

Canada

06/03/96 (s)

06/03/96 (s)

01/05/96

 

 

 

 

 

 

 

Holy See

 

 

 

 

 

 

 

 

 

 

Monaco

 

 

 

 

 

 

 

 

 

 

United States

 

 

 

 

 

 

 

 

 

 

Yugoslavia

 

 

 

38

 

 

 

 

 

 

 

Total number of signatures not followed by ratifications :

6

Total number of ratifications/accessions :

36

Notes :

(25) Date of accession by the former Union of Socialist Soviet Republics.
(38) The Socialist Federal Republic of Yugoslavia was Party from 01/09/1991 to 24/09/1992.

(a) Accession - (s) Signature without reservation as to ratification - (su) Succession - (r) Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.


1        The Sydney Summit on Doping (November 1999), UNESCO’s Third International Conference of Ministers and Senior Officials responsible for Physical Education and Sport (MINEPS III, Punta del Este, Uruguay, December 1999), the Assembly of the Ibero-American Sports Council (Madrid, February 2000), the meeting of the International Intergovernmental Consultative Group on Anti-Doping in Sport (Montreal, February 2000), the Conference of Ministers of Youth and Sports from countries sharing the French language (CONFEJES, Libreville, Gabon, July 2000) and the International Anti-Doping Congress (Sao Paolo, July 2000).

2        Sprint seminar organised by the Council of Europe in co-operation with the National Sports Institute of Portugal in Lisbon on 24 and 25 June 1999. For the seminar report and conclusions, see document CDDS (99) 58.