Ministers' Deputies
CM Documents



689 Meeting, 24 [-25] November 1999
7 Education, Culture and Sport

7.1 World Anti-doping Agency

Letter dated 12 October 1999 from Mr. J.A. Samaranch, President of the International Olympic Committee to Mr. Walter Schwimmer, Secretary General of the Council of Europe

Offer to participate in the World Anti-doping Agency

Annex 1: Statutes of the Foundation of the World Anti-doping Agency

CM(99)154 27 October 1999

The President

Mr Walter SCHWIMMER
Secretary General

Council of Europe

67075 STRASBOURG Cédex

France

Lausanne, 12 th October 1999

Ref. no 1879 /99/crg

Dear Secretary General,

As you know, the World Conference on Doping in Sport was held in Lausanne on 2nd, 3rd and 4th February 1999.

Pursuant to the commitments made at the World Conference on Doping in Sport, the IOC established, within the three-month time limit specified, the working group whose creation was foreseen under figure 4 of the "Lausanne Declaration" of 4th February 1999. This group included representatives of the following organisations: World Health Organisation (WHO), United Nations International Drug Control Programme (UNDCP), INTERPOL, Council of Europe, Monitoring Group of the Anti-Doping Convention of the Council of Europe, European Community, Supreme Council for Sport in Africa, Arab Sports Confederation, International Olympic Committee (IOC), Association of Summer Olympic International Federations (ASOIF), Association of International Winter Sports Federations (AIWF), Association of National Olympic Committees (ANOC), IOC Athletes’ Commission and Court of Arbitration for Sport (CAS).

I wish to take this opportunity to thank you for the particularly useful, constructive and fruitful contribution which your organisation's representatives made to the deliberations of the working group. Thanks to them, and all the other participants, it has been possible to develop the Agency project.

Consequently, on behalf of the International Olympic Committee, I now have the honour to invite the Council of Europe to participate in the World Anti-Doping Agency, the creation of which was decided on 3rd October 1999, pursuant to the commitments entered into in the Lausanne Declaration of 4th February 1999.

Lausanne, 12th October 1999

/crg

To this end, the IOC has the honour of submitting to you an offer to which two documents are attached, namely the draft statutes of the Agency (Annex 1) and the draft mission statement of the Agency (Annex 2). The IOC hopes that you will be willing to accept it.

We attach particular importance to the world-wide fight against doping. It is thus important to set up the Agency as quickly as possible, so that it is operational in 2000, pursuant to the recommendations of the World Conference on Doping in Sport in February 1999. To this end, we are planning to establish the Agency as of the end of this month, as previously stated. The date scheduled is Wednesday 10th November 1999. Under these circumstances, you will appreciate that I am obliged to ask you to inform me of your response to our invitation as soon as possible. Your task will certainly be facilitated by the fact that almost all the elements of the file and the substance of our invitation have already been discussed by the working group, and your departments have been able to follow these during the last few months.

The world-wide fight against doping concerns everyone. Together, we want to and can succeed.

I look forward to hearing from you and remain,

Yours sincerely,

(signed)

Juan Antonio SAMARANCH
Marqués de Samaranch

Encl.: …

The present offer is submitted by the International Olympic Committee to:

the Council of Europe
(hereinafter the recipient)

PRELIMINARY STATEMENT

A. The World Conference on Doping in Sport was held in Lausanne on 2nd, 3rd and 4th February, 1999. It considered that doping practices contravene sport and medical ethics, and that they constitute violations of the rules established by the Olympic Movement. Furthermore, it expressed its concern about the threat that doping poses to the health of athletes and youth in general. In addition, it recognised that the fight against doping in sport is the concern of all: the Olympic Movement and other sports organisations, governments, inter-governmental and non-governmental organisations, sportsmen and sportswomen throughout the world, and their entourage.

B. Paragraph 4 of the "Lausanne Declaration" of 4th February 1999 reads as follows:

"An independent International Anti-Doping Agency shall be established so as to be fully operational for the Games of the XXVII Olympiad in Sydney in 2000. This institution will have as its mandate, notably, to co-ordinate the various programmes necessary to realise the objectives that shall be defined jointly by all the parties concerned. Among these programmes, consideration should be given in particular to expanding out-of-competition testing, co-ordinating research, promoting preventive and educational actions and harmonising scientific and technical standards and procedures for analyses and equipment. A working group representing the Olympic Movement, including the athletes, as well as the governments and intergovernmental organisations concerned, will meet, on the initiative of the IOC, within three months, to define the structure, mission and financing of the Agency. The Olympic Movement commits to allocate a capital of US $25 million to the Agency."

C. In its meeting of 3rd October, 1999, the IOC Executive Board was informed of the draft project for the Agency as it was drawn up in the framework of the working group set up pursuant to the above statements and in which broad consensus was reached.

D. It is of the greatest importance that the Agency be established as soon as possible in order to be fully operational in 2000.

E. The objective is to achieve a new form of equal partnership between, on the one side, the public authorities (in particular the intergovernmental organisations), and the Olympic Movement (including the athletes) on the other. To achieve this, the idea is to create an Agency in which decisions will be taken, in principle by consensus, on the basis of equal participation (namely one half for the Olympic Movement, the other half for the public authorities).

F. The purpose of the present offer is to ask the recipient to participate in the Agency either from the moment of its creation, or at a later time chosen by the recipient.

In view of the above, the IOC has the honour of submitting the following offer to participate in the World Anti-Doping Agency:

OFFER:

1. An international anti-doping Agency (hereinafter the Agency) shall be established on 10th November 1999 in accordance with the provisions of the present offer and the documents attached.

2. The legal status of the Agency shall be that of a foundation.

3. The name of the Agency shall be "The World Anti-Doping Agency".

4. Acting through the IOC, the Olympic Movement shall establish the Agency in accordance with the draft statutes attached as Annex 1 to the present offer; the initial seat of the Agency shall be in Lausanne, Switzerland. The location of the definitive seat of the Agency shall be determined by the Foundation Board (hereinafter the Board) once the funding and the capital investment necessary to the activities and functioning of the Agency have been ensured pursuant to article 8.2 below.

5. The Board shall be composed of high-level personalities, either representatives of bodies participating in or associated with the agency, or independent figures who possess the necessary qualities and authority to deal with matters within the jurisdiction of the Board.

With regard to the Olympic Movement, the initial plan is to appoint approximately fifteen persons to the Board, including three athletes.

The total number of representatives from governmental and intergovernmental organisations on the Board shall be determined, case by case, on the basis of their participation.

6. The location of the administrative headquarters (the offices and premises of the Agency) shall be determined before the end of 1999 by the Board according to the objective criteria that it sets; an offer to tender process will be employed.

7. The mission and the terms of reference of the Agency shall be defined by the Board, taking into account the draft mission statement attached as Annex 2 to this offer. The general mission of the Agency shall be to promote and co-ordinate, on an international level, the fight against doping in sport in all its forms. In order to do this, the Agency shall cooperate with those governments, intergovernmental organisations, public authorities and other pubic and private bodies devoted to the fight against doping in sport, notably the International Olympic Committee (IOC), the International Sports Federations (IFs), the National Olympic Committees (NOCs) and the athletes.

Initially, the tasks of the Agency shall be:

a) out-of-competition tests, with the agreement of the International Federations, taking into account the rights of the athletes;

b) to harmonise the standards and technical levels of the laboratories, and monitor this harmonisation;

c) to harmonise the regulations, disciplinary procedures, sanctions and other means of fighting doping in sport;

d) to promote, co-ordinate and contribute to the funding of scientific research in the field of doping;

e) education and prevention;

f) to strengthen the understanding and promotion of ethical principles through the practice of doping-free sport.

The Board shall specify the conditions and time limits within which the other tasks provided for in the draft mission statement (Annex II) can be accepted by the Agency.

8. The funding of the operation and activities of the Agency shall be ensured on the basis of an annual budget, as follows:

8.1 The IOC undertakes to ensure that the Olympic Movement shall put up the initial funding and the capital investment necessary to the operation and activities of the Agency until 31st December 2001 at the latest.

8.2 From 1st January 2002, the funding of the operation and activities of the Agency shall be provided in equal parts, each calendar year, on the one side by the Olympic Movement (1/2) and on the other side by the intergovernmental or governmental organisations participating in the Foundation (1/2). It shall be for the latter organisations to agree amongst themselves as to the participation of each in the share to be paid by them.

8.3 If for any reason an intergovernmental or governmental organisation is unable to participate in the funding of the Agency, the Board shall re-examine its status and that of its representative or representatives within the Agency, if necessary.

9. The recipient may at any time withdraw from the Agency at the end of a calendar year by giving three months’ notice. In any such case, the IOC has the right to continue the activities of the Agency on its own behalf.

10. The present offer is addressed to the following intergovernmental organisations: the World Health Organisation (WHO), the United Nations International Drug Control Programme (UNDCP), INTERPOL, the Council of Europe, the European Community, and the Supreme Council for Sport in Africa.

The IOC reserves the right to make similar offers to other intergovernmental organisations.

11. The Board may decide to involve governments in the Agency. It will determine the form and terms of such participation or involvement.

12. The recipient accepting this offer is asked to demonstrate its acceptance by countersigning the present document.

13. Upon acceptance of the present offer, the agreement of the IOC and of the recipient on the contents thereof shall, if necessary, be confirmed in the form required for this purpose.

Lausanne, 12th October, 1999

On behalf of the IOC

(signed) (signed)

Juan Antonio SAMARANCH François CARRARD
Marqués de Samaranch Director General

Under the name "World Anti-doping Agency", "Agence mondiale antidopage" hereinafter referred to as "the Foundation", a foundation governed by articles ... and by the present provisions is hereby constituted.

The legal and statutory seat of the Foundation is in ....

The Foundation Board is entitled to transfer the seat of the Foundation to another place, in ....... (country) ....... or abroad.

The duration of the Foundation is unlimited.

The object of the Foundation is:

4.1 to promote and co-ordinate at international level the fight against doping in sport in all its forms ; to this end, the Agency will cooperate with intergovernmental organisations, 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;

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

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

4.4 to encourage, support, co-ordinate, and when necessary undertake, in full agreement with the public and private bodies concerned, the organisation of unannounced out-of-competition testing;

4.5 the mission of the Agency shall be to develop, harmonise and unify scientific, sampling, and technical standards and procedures with regard to analyses and equipment, and to develop a reference laboratory;

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

4.7 to devise and develop anti-doping education and prevention programmes at international level, aimed at promoting the practice of doping-free sport according to ethical principles;

4.8 to promote and co-ordinate research in the fight against doping in sport;

The Agency will be entitled to draw up plans and proposals for its conversion, as the need may arise, into a different structure, possibly one based on international public law.

The Agency will seek to build upon existing and relevant competencies, structures and networks, only creating new ones when necessary. The Agency may however set up working parties, commissions, or working groups, on a permanent or ad hoc basis, for the accomplishment of its tasks. It may hold consultations with other interested public or private organisations, whether involved in sport or not.

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 movable 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.

The founders allocate to the Foundation an initial capital of ....

The other resources of the Foundation shall consist of any other contributions, donations, legacies and other forms of allowance or subsidy from all natural or legal persons and all intergovernmental organisations, governments, public authorities and other public and private bodies.

The Foundation Board shall initially be composed of not less than ..... members; this number may be increased to a total of no more than 35 members. The members of the Foundation Board are personalities designated for a period of three years. They may be re-elected for two additional periods of three years. The first members of the Foundation Board shall be designated as follows:

6.1 - ..... members designated by the Olympic Movement, in accordance with the following distribution:

- 3 members designated by the IOC;

- 3 members designated by the IFs, of whom 2 members will be designated by the Association of Summer Olympic International Federations (ASOIF) and one by the Association of International Winter Sports Federations (AIWF);

- 1 member designated by the General Association of International Sports Federations (GAISF);

- 3 members designated by the Association of National Olympic Committees (ANOC);

- 3 athletes designated by the IOC Athletes’ Commission.

6.2 -... members designated by the intergovernmental organisations, governments, public authorities or by other public bodies active in the fight against doping in sport (hereinafter "public authorities") in accordance with the following distribution :

- .......................................................

- .......................................................

- .......................................................

6.3 The other members shall be designated, as the case may be, by the Foundation Board upon joint proposal by the Olympic Movement and the Public Authorities.

6.4 As a general rule, when it is renewed and added to, the Foundation Board will ensure that a balance is struck and maintained between, on one side, the members of the Foundation Board representing the Olympic Movement (viz. the IOC, ASOIF, AIWF, ANOC and the IOC Athletes’ Commission), and, on the other side, those representing the public authorities. The provisions of paragraph 6.6 below are reserved.

6.5 The Board may also invite a limited number of intergovernmental or other international organisations to act in an advisory capacity to the Foundation. Such organisations, which will be invited on the basis of their legitimate interest in the work of the Foundation and their expertise in relevant fields, may participate in the discussions of the Board but may not vote on Foundation Board decisions.

6.6 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, shall be entitled to designate an equal number of Foundation Board members.

Failing such equivalent annual allocations by each of the two above-mentioned parties, the party whose allocation actually paid is lower will be entitled to designate a number of members of the Board which shall be inferior by at least one to the number of members designated by the other party; this system will apply for as long as the annual allocations or contributions to the Foundation budget paid by the two above-mentioned parties are not equivalent.

6.7 The Foundation Board may depart from the provisions of paragraphs 6.1 to 6.6 above by a unanimous decision on the part of its members.

The Foundation Board is self-organised. It designate a chairman, a vice-chairman and a secretary; the secretary may be chosen from outside 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 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, subject to the provisions of article 17, paragraph 2 of the present statutes. In the event of a tie, the Chairman has the casting vote.

The decisions of the Foundation Board may be taken on the approval given in writing to a proposal, unless discussion thereof is required by any of the members; decisions shall be recorded in the minutes.

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

The Foundation Board has the inalienable right to:

9.1 Propose amendments to the present statutes.

9.2 Designate the auditing body of the Foundation.

9.3 Designate the Executive Committee provided for in the present statutes.

9.4 Designate 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.

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

The Foundation Board is obliged, in particular:

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

10.2 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 regulations, and to keep itself informed about the conduct of the activities of the Foundation;

10.3 to designate the members of the Executive Committee and other committees as provided for in the present statutes;

10.4 to promulgate the regulations relating to the Foundation Board itself, the Executive Committee and other committees, together with all other regulations indispensable to the operation of the Foundation;

10.5 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.

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

11.1 The Foundation Board delegates to an Executive Committee of at least 5 members and a maximum of 9 members, the majority chosen from amongst the Board members, the actual management and running of the Foundation, the performance of all its activities and the actual administration of its assets.

11.2 The members of the Executive Committee are designated by the Foundation Board for periods of one year at a time. They may be re-elected.

11.3 Furthermore, in case of 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 upon its ratification by the Foundation Board no later than during its next meeting.

11.4 The Chairman of the Executive Committee is designated by the Foundation Board; furthermore, the Executive Committee appoints, if necessary, a vice-chairman chosen from amongst its members. The Committee may also designate a secretary, who may be chosen from outside the Committee.

11.5 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 organisation will be specified in one or more sets of regulations which the Foundation Board will promulgate to this end.

Article 12

The Foundation is duly represented and bound vis-à-vis third parties by the collective signature of two of the persons designated by the Foundation Board as follows:

(a) at least two members of the Executive Committee;

(b) at least two members of the Foundation Board, one of whom must be one of the members designated by the Olympic Movement, and another must be one of the members designated by the public authorities.

No later than November 30 of each year, the Foundation Board shall approve the budget for the following financial year; failing such approval, the budget of the current year shall apply to the next year. The annual allocations and other contributions shall be paid no later than December 31 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 31 December 2000.

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.

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 Board which also decides on the other conditions of employment.

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

Any proposed amendment must be approved by an absolute majority of all the members of the Foundation Board. In the event of a tie, the Chairman has the casting vote.

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 ................................, to an institution pursuing the same or a similar object.

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

The Foundation will be placed under the supervisory authority of the ................................................ , the competence whereof is hereby reserved.

4.1 General Mission

The Agency’s principal task will be to co-ordinate a comprehensive anti-doping programme at international level, laying down common, effective, minimum standards, compatible with those in internationally recognised quality standards for doping controls, particularly with regard to out-of-competition controls, and seeking equity for all athletes in all sports (including professional sports) and in all countries. Whereas priority will be given to high-level international competitive sport, the Agency will also take account of anti-doping programmes at all other levels of sport.

For these purposes, the International Federations, while preserving their autonomy and their own authority, agree to cooperate with the Agency and co-ordinate their respective anti-doping programmes with it in order to ensure that duplication is avoided and that the same application is achieved world-wide. The Agency will encourage and support the IFs in this endeavour.

The tasks of the Agency will also have consequences for anti-doping work at national level. The Agency shall cooperate with, and have recourse to the capacities of, competent national anti-doping agencies and other organisations (such as national Olympic committees or national confederations of sport) in charge of and conducting national anti-doping work.

The Agency will help countries or federations who at present do not have effective anti-doping programmes or agencies to develop them, or, following agreement, to act on their behalf with regard to the Objects of the Agency.

In order to carry out these tasks the Agency may execute agreements between itself, the international federations and the national anti-doping agencies or bodies, taking account of relevant international and national regulations and texts. On those occasions where there is a conflict of jurisdiction in anti-doping matters between an international and national body (or vice-versa), the Agency will use its good offices to seek a satisfactory solution.

The Agency will be entitled to make proposals to the Olympic Movement and to international sports organisations and to the public authorities on measures that could be taken to ensure further harmonisation and equity in anti-doping questions.

The Agency will be entitled to give an opinion to the International Olympic Committee on the implementation by international federations of the Olympic Movement’s Anti-Doping Code.

The Agency shall monitor the application of the Agency’s principles and work.

4.2 Reinforcement of ethical principles and protection of the health of athletes

The mission of the Agency shall be to reinforce at international level the ethical principles for the practice of doping-free sport  and to

The Agency shall prepare materials, aimed at athletes, coaches and others in the athlete's entourage, for strengthening the ethical principles for the practice of doping-free sport. In order to help protect the health of athletes, the Agency shall prepare similar materials for doctors working with athletes, taking account also of medical ethics.

4.3 Lists of prohibited substances and methods

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

The Agency will draw up a common list of prohibited classes of substances and prohibited methods for adoption by all sports and by all national anti-doping agencies. This list will be updated periodically, at least once a year, for entry into force as stipulated in the Statutes.

The Agency will establish a procedure for including a new prohibited substance or method when circumstances require outside the usual annual cycle (urgent procedure).

The list will be initially based on that prepared by the IOC’s Medical Commission. This Commission will be entitled to provide inputs into the updating of the list, and for the identification of new doping practices and forms of use.

In order to facilitate its approval and application by national anti-doping agencies and other interested bodies, the list will be updated in consultation with appropriate international bodies including those responsible for the regulation of medicines.

The Agency will pay attention to the need to define clearly the legitimate use for genuine therapeutic purposes of substances or methods which could be in conflict with the list, and draw up guidelines for their use.

The Agency will disseminate the list as widely as possible by all available means.

4.4 Unannounced out-of-competition controls

The mission of the Agency shall be to encourage, support, co-ordinate, and when necessary undertake, in full agreement with the public and private bodies concerned, the organisation of unannounced out-of-competition testing ;

The Agency will develop, on the basis of existing texts, common operating procedures with minimum, high quality standards for the conduct of unannounced out-of-competition controls.

The Agency, from the point of view of uniformity and equity in all sports and in all countries, will :

- determine annually the number of unannounced out-of-competition controls which it will finance ;

- organise and conduct unannounced out-of-competition controls with the approval of and in liaison with International Federations, concentrating in the first instance on countries and sports where such controls are not at present carried out ;

-co-ordinate and ensure harmony between such controls carried out internationally and those carried out nationally.

The focus of the controls, in the first instance, will be on those athletes eligible for, or striving to be eligible for, competition at international level.

The Agency may execute agreements (cf 4.1) for the performance of unannounced out-of-competition controls on a regular basis or for an ad hoc purpose. Such controls may be performed by the IFs themselves, by national federations, National Olympic Committees and/or national agencies or other specialised public or private entities.

4.5 Harmonisation and unification of the scientific, sampling and technical standards, development of a reference laboratory

The mission of the Agency shall be to develop, harmonise and unify scientific sampling and technical standards and procedures with regard to analyses and equipment, and to develop a reference laboratory ;

These standards will include standards for doping control officers (sampling officers) carrying out these controls. The Agency will develop a certification procedure for such doping control officers, applicable to those working at international level, and, via the national agencies, to those conducting such controls at national level.

To this end, the Agency may develop training programmes, validation procedures and standards, and re-training programmes.

The Agency will develop standards for sample collection and for sampling equipment.

The Agency will develop, on the basis of the existing systems approved by the IOC Medical Commission :

- a procedure, to be prepared in consultation with the appropriate international bodies, for the accreditation and the regular re-accreditation of anti-doping laboratories ;

- this procedure will be based on the relevant international standards ;

- protocols for the analysis of prohibited substances and methods ;

- standards for laboratory equipment, techniques, methods and staff recruitment and training.

With regard to the reference laboratory, the Agency will develop the standards for and appoint in due course an independent reference laboratory, which should no longer be concerned with routine anti-doping analytical work, with the task of overseeing the above-mentioned protocols and standards, verifying new laboratory methods and techniques, developing common reference samples and substances, validating and certificating analytical work, and ensuring quality control and good laboratory practice. The reference laboratory will help and advise anti-doping laboratories seeking accreditation. It will act as a source of neutral expertise with regard to laboratory questions.

The Agency will produce annual statistics on the number of tests performed world-wide and their results.

The Agency will develop standards for the protection of privacy and personal data in anti-doping questions.

4.6 Harmonisation of rules, disciplinary procedures, sanctions and other means of combating doping in sport

The mission of the Agency shall be to promote harmonised rules, disciplinary procedures, sanctions and other means of combating doping in sport, and contribute to the unification thereof taking into account the rights of athletes;

The Agency, respecting the autonomy and authority of the International Federations, will:

- promote the development by international federations of harmonised disciplinary procedures, incorporating measures to protect the rights of athletes, in particular:

- the reporting and disciplinary bodies to be distinct from one another

- the rights to a fair hearing and to be assisted or represented

- clear and enforceable provisions for appealing against any judgement made.

- make proposals for a range (both in kind and in time) of adequate sporting sanctions, common to all sports, and appropriate to the offence. These sanctions, for implementation by the federations and by national anti-doping agencies or bodies will, in the case of the latter, bear in mind any specific relevant national legislation.

The Agency will monitor compliance with this Article by international and national bodies and make recommendations as appropriate.

The Agency will also develop means of bringing those responsible for anti-doping offences in the athlete’s entourage within the scope of sporting anti-doping sanctions.

The Agency can make proposals to intergovernmental organisations for measures that could be taken to improve the fight against international trafficking and supply of doping substances in sport.

4.7 Anti-doping education and prevention programmes

The Agency will develop all appropriate measures to improve anti-doping information and education programmes and other preventative anti-doping work and campaigns. It will support exchange network, advise, and provide tools for international sports organisations and national anti-doping agencies and the various « health professionals » linked to sport on measures that could be taken in this field. The Agency will exploit the possibilities offered by existing dissemination channels as well as modern communication techniques and media. This part of the Agency’s work should also take particular account of the positive role played by the mass-media and cooperate with them in informing the public of the nature of anti-doping work in international sport.

The Agency should also contribute to the dissemination of information on anti-doping questions generally. To this end, it may organise conferences, seminars or workshops.

4.8 Promotion and co-ordination of research in the fight against doping in sport

The mission of the Agency shall be to promote and co-ordinate research in the fight against doping in sport ;

The Agency will establish an inventory of anti-doping research carried out around the world. It will endeavour to co-ordinate such research, in order to avoid duplication and to promote complementary research, particularly with regard to research carried out by accredited laboratories. It will seek complementarity with relevant research programmes.

The Agency may undertake research itself within its scope and budget.

The Agency will stimulate, foster and seek proposals for new research into :

- (new) substances and methods being used (or thought to be so) by sports people and devising appropriate analytical techniques and reasons for adding or excluding them from the list of prohibited substances and methods ;

- the psychological and sociological aspects of doping, with a view, inter alia, of helping to develop more effective anti-doping strategies.

The Agency will stimulate research into scientific training programmes respecting the integrity of the human body.

The Agency may create a Research Fund, to which the private sector would be encouraged to contribute. The Board will pay attention to any possible conflict of interest in this respect.

The Agency will be entitled to draw up plans and proposals for its conversion, as the need may arise, into a different structure, possibly one based on international public law.

The Agency will seek to build upon existing and relevant competencies, structures and networks, only creating new ones when necessary. The Agency may however set up working parties, commissions, or working groups, on a permanent or ad hoc basis, for the accomplishment of its tasks. It may hold consultations with other interested public or private organisations, whether involved in sport or not.

Athens, 1 October 1999