text stringlengths 1 17.8k |
|---|
Additional defi nitions created for the purposes of this Agreement shall be capitalized and have the following meanings: 1.1 “ABP- Related Information” means any information related to the administration and management of an ABP program, including longitudinal profiles of biological Markers ; results of the Adaptive Model on Markers data and other information relevant to the evaluation of Markers ; APMU and Expert reviews; and Doping Control and Results Management information related to a relevant Passport . |
1.2 “Agreement” means this Collaboration Agreement, including its preamble. |
1.3 “ABP Operating Guidelines” means the most recent version of the ABP Operating Guidelines adopted by WADA and available on WADA’s website ( www.wada -ama.org) . |
1.4 “Representative” means an employee, officer, Third- Party Agent or other designated adviser or agent of a Party. |
Clause 2 – Passport Testing and Information Sharing 2.1 Where appropriate and necessary to ensure proper coordination and efficient allocation of Passport Testing activities and resources between the Parties , the Parties agree to provide each other with: (a) a list of Athletes (over which [A] and [B] both have Testing jurisdiction) within their respective Registered Testing Pool (RTP) or other testing pool (TP) who will be subject to ABP Testing in accordance with their test distribution plans (TDP), and to discuss the composition of such TDP with the other Party in advance; and (b) a list of Events where each Party intends to conduct pre- Competition ABP testing. |
2.2 For the avoidance of doubt, nothing i n this Clause 2 shall prevent [A] or [B] from Testing any Athlete within its Testing jurisdiction for the purposes of its ABP at any time, irrespective of the Athlete’s status on [A] or [B]’s TDP. |
2.3 [A] shall conduct Testing of the Athletes in [A]’s TDP, and [B] shall conduct Testing of Athletes in [B]’s TDP, including by means of Target Testing . |
For such purposes: (a) Each of [A] and [B] is responsible for ensuring that it has proper Testing jurisdiction with regard to any Testing activities; ABP Operating Guidelines – Version 9.0 – July 2023 Page 86/91 (b) Each of [A] and [B] is responsible for ensuring that Samples are collected in compliance with the Code, the International Standards , and the ABP Operating Guidelines; (c) Each of [A] and [B] shall each bear its own costs of Testing (including the costs of storage, transpor tation and analysis of Samples); and (d) The Parties, either directly or through their respective APMUs may share ABP -Related Information with each other as regards the Target Testing of Athletes in [A]’s TDP or [B]’s TDP, as the case may be. |
2.4 Each Party agrees that it shall, at its own cost, exclusively use ADAMS, and require its respective APMU to use ADAMS, for recording doping control forms and other ABP- Related Information relating to any Athlete tested as part of a Party’s ABP program. |
2.5 Where an Athlete within a Party’s testing pool has been tested as part of a Party’s ABP program, the relevant Party shall upload and record all relevant ABP- Related Information on ADAMS, or ensure that it is being uploaded and recorded by its APMU , as soon as reasonably practical following the test. |
2.6 The Party designated as the Passport Custodian, in accordance with clause 3.1 below, agrees that it shall provide the other Party with read- only access to relevant Athlete Passports in ADAMS. |
The Parties acknowl edge that they may also set specific sharing rules within ADAMS to permit each of them automatic access to Passports of Athletes over whom they both have Testing jurisdiction. |
2.7 The Parties acknowledge and agree that where a Party has granted access to a Passport to the other Party within ADAMS , such other Party may share ABP- Related Information with its duly authorized Representatives (including its APMU and members of its Expert Panel) strictly for the purposes of its ABP program. |
2.8 If for whatever reason a Passport or other relevant ABP- Related Information cannot be readily accessed by a Party through ADAMS, the Passport Custodian shall provide the relevant Passport or other information to the other Party in such other secure manner as the other Party may reasonably request. |
Clause 3 – Passport Results Management Process 3.1 For each Athlete included in both [A] and [B]’s Registered Testing Pool or other relevant testing pool, the Parties shall agree which Party should act as Passport Custodian to maximise the effectiveness and efficiencies of each Party’s respective ABP program, and to ensure the Passport Custodian is the Party that conducts mor e frequent Testing in respect of a given Athlete. |
3.2 The Passport Custodian is responsible for Results Management in accordance with the then-current TD on Result Management Requirements for the ABP adopted by WADA . |
For Athletes included in both [A] and [B]’s TDP, Passports shall be reviewed after each test by the APMU ABP Operating Guidelines – Version 9.0 – July 2023 Page 87/91 of the Passport Custodian independently of whether [A] or [B] was the Testing Authority that conducted the last Passport test. |
3.3 To the extent this information is not available to the other Party via ADAMS, The Parties shall immediately notify each other in writing of the referral of any Athlete’s Passport for review by the other Party ’s ABP Expert panel in accordance with the ABP Operating Guidelines, as well as the outcome of such review. |
The Parties shall also notify each other upon request of an updated list of the members of their ABP Expert panel. |
3.4 For the avoidance of doubt, relevant ABP- Related Information collected by [A] and [B] should, whenever possible, be consolidated for the purposes of pursuing a potential anti -doping rule violation (ADRV) or other Results Management procedure against an Athlete in accordance with the Code and International Standards . |
3.5 Where the Passport Custodian decides not to proceed with an asserted ADRV in connection with a Passport , such decision will not affect the ability of the other Party or WADA to appeal such decision. |
Clause 4 – Privacy and Security 4.1 The Parties acknowledge and agree that the sharing of ABP- Related Information (including Personal Information) under this Agreement is necessary to allow each Party to effectively and efficiently manage its ABP program and otherwise fulfill its obligations under the C ode and the International Standards . |
4.2 The Parties agree and acknowledge that each Party is responsible for complying with applicable data protection, privacy and data security laws as well as the Code and the International Standards with respect to any ABP- Related Information exchanged pursuant to this Agreement. |
4.3 Without limiting the generality of the foregoing, each Party shall: (a) ensure that it has a valid legal authority or basis to share ABP- Related Information with, or receive such information from, the other Party in connection with this Agreement, as the case may be; (b) treat any ABP- Related Information that it receives from the other Party as confidential information at all times and only P rocess such information for the anti -doping purposes set out in this Agreement and in accordance with the International Standard for the Protection of Privacy and Personal Information (ISPPPI); (c) protect any ABP- Related Information that it receives from the other Party by applying all necessary and appropriate security safeguards, including physical, organizational, technical, environmental and other measures to prevent against a Security Breach; ABP Operating Guidelines – Version 9.0 – July 2023 Page 88/91 (d) only grant access and access privileges to any ABP- Related Info rmation that it receives from the other Party to its duly authorized Representatives (including its APMU and members of its Expert panel) on a need- to-know basis; (e) subject to clause 4.3(d) above, not disclose any ABP- Related Information that it receives from the other Party to any other Person without the express prior written consent of the other Party, unless the disclosure is otherwise required by law; (f) ensure any Person (including any duly authorized Representative) with access to ABP-Related Information is informed of the confidential nature of such information, of the limited purposes for which it can be used, and has entered into a written agreement to preserve such confidentiality; and (g) notify the other Party promptly of any Security Breach affecting any ABP- Related Information received under thi s Agreement and take immediate steps to rectify any such Security Breach. |
Clause 5 – Effective Date and Termination 5.1 This Agreement shall become effective as of the date of the latest signature appearing on the signature page below and will remain in effect until terminated, except for clause 4 (Privacy and Security) and sub -clause 5.4 of this Agreement which shall survive termination. |
5.2 Either Party may terminate this Agreement for any reason by providing thirty (30) days’ written notice to the other Party. |
5.3 Either Pa rty may terminate this Agreement immediately if the other Party commits a material breach of any term of this Agreement and (if such breach is remediable) fails to remedy that breach within a period of thirty (30) days after being notified in writing of th e breach. |
5.4 The Parties agree that after the effective date of termination of this Agreement, and subject to applicable data protection and privacy laws, each Party may continue to use all information provided to it by the other Party pursuant to this Agreement, provided that such information is only used for anti -doping purposes in accordance with the Code and the International Standards and continues to be maintained in accordance with the privacy and security requirements set out in this Agreement, the IS PPPI and applicable laws. |
Clause 6 – Authority 6.1 The Parties hereby represent that they have the full power and authority to enter into and perform this Agreement, and the Parties know of no agreement, promises, or undertakings that would prevent the ful l execution and performance of this Agreement. |
ABP Operating Guidelines – Version 9.0 – July 2023 Page 89/91 6.2 Notwithstanding the above and for the avoidance of doubt, the Parties acknowledge and agree that nothing in this Agreement affects or modifies their respective rights and obligations, and those of other relev ant third parties, under the “Agreement Governing the Use and Sharing of Information in ADAMS” that the Parties entered into with WADA . |
Clause 7 - Indemnity Each Party (the “Breaching Party”) shall indemnify and hold harmless the other Party (the “Non-Breaching Party”) against any and all costs, charges, damages, expenses and losses (including costs incurred in recovering same) that are incurred by the Non -Breaching Party as a result of any breach of this Agreement by the Breaching Party up to a maximum of [ •]. |
Clause 8 – Miscellaneous 8.1 This Agreement is intended to be the sole and complete statement of obligation of the Parties as to the subject matter hereof, and supersedes all previous agreements, understandings, negotiations and proposals as to such subject matter. |
8.2 The failure of either Party at any time to demand strict performance of the terms of the Agreement shall not be construed as a waiver of the right to demand or receive complete performance of all rights, promises and covenants in this Agreement. |
8.3 This Agreement does not establish either Party to be the agent of the other Party or create a joint venture or similar relationship between the Parties and no Party shall have the power to obligate or bind the other Party in any manner whatsoever. |
8.4 Neithe r Party may assign, directly or indirectly, by operation of law, change of control or otherwise, this Agreement or any of its rights and obligations hereunder, without the prior written consent of the other Party, which shall not be unreasonably withheld. |
8.5 The Parties agree that any and all amendments to this Agreement must be made in writing and be signed by both Parties. |
8.6 If any provision or provisions of this Agreement is be held to be invalid, illegal, or unenforceable, such provision shall be severed f rom this Agreement to the extent required and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. |
8.7 A Person who is not a party to this Agreement shall not have any rights under or in connection with this Agreement. |
The rights of the Parties to terminate, rescind or agree any variation, waiver or settlement under this Agreement are not subject to the consent of any Person that is not a party to this Agreement. |
ABP Operating Guidelines – Version 9.0 – July 2023 Page 90/91 8.8 Section and other headings in this Agreement are for convenience of reference only and shall not constitute a part of or otherwise affect the meaning or interpretation of this Agreement. |
Clause 9 - Notices 9.1 Any notice required to be given under this Agreement shall be in writing and shall be delivered personally, sent by email, fax or sent by commercial courier, to the other Party required to receive the notice at the contact information set out below: (a) [A]: For the attention of: [•] Address: [ •] Email: [•] Fax number: [•] (b) [B]: For the attention of: [•] Address: [ •] Email: [•] Fax number: [ •] or at such other address, email or fax as the relevant Party may specify by notice in writing to the other Party. |
9.2 Any notice shall be deemed to have been duly g iven: (a) if delivered personally, at the time of delivery at the address referred to in Clause 11.1; (b) if delivered by commercial courier, at the time of signature of the courier's receipt; (c) if delivered by email, at the date and time indicated on such email; or (d) if sent by fax, at the time of transmission. |
Clause 10 – Applicable Law and Jurisdiction 10.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of [ •]. |
10.2 The Parties agree that any dispute, arguments or claims arising with respect t o or in connection with the execution of this Agreement (as well as any subsequent amendment hereof, including, for example, its structure, validity, effectiveness, interpretation, execution, infringement or termination, and also any non- contractual claim relating hereto) shall be the object of an amicable resolution. |
In the absence of amicable resolution, the dispute shall be submitted to the exclusive jurisdiction of the Court of Arbitration for Sport ( CAS) in Lausanne, ABP Operating Guidelines – Version 9.0 – July 2023 Page 91/91 Switzerland, and settled definitively in accordance with the Code of Sports -related Arbitration. |
The panel will consist of one arbitrator. |
The language of the arbitration will be [ •]. |
Clause 11 - Signatories The signatories to this Agreement hereby warrant that they have read and agree to the terms, conditions and provisions of this Agreement, including any Appendices, and have full power and authority to sign for and bind their respective organizations. |
Clause 12 - Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. |
In the name and on behalf of [A] ________________________ ……………………..[Name, Position] Date: ____________________ In the name and on behalf of [B] ________________________ ……………………..[Name, Position] Date: ____________________ |
U INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT CONVENTION INTERNATIONALE CONTRE LE DOPAGE DANS LE SPORT CONVENCIÓN INTERNACIONAL CONTRA EL DOPAJE EN EL DEPORTE МЕЖДУНАРОДНАЯ КОНВЕНЦИЯ О БОРЬБЕ С ДОПИНГОМ В СПОРТЕ ME¹W אMEK>tא K:7C& אM K@&MpKY אµKá í 反对在体育运动中使用兴奋剂 国 际 公 约 ED.2005/CONVENTION ANTI-DOPING Rev U INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT Paris, 19 October 2005 INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as “UNESCO”, meeting in Paris, from 3 to 21 October 2005, at its 33rd session, Considering that the aim of UNESCO is to contribute to peace and security by promoting collaboration among nations through education, science and culture, Referring to existing international instru ments relating to human rights, Aware of resolution 58/5 adopted by the Gene ral Assembly of the United Nations on 3 November 2003, concerning sport as a means to promote education, health, development and peace, notably its paragraph 7, Conscious that sport should play an important role in the protection of health, in moral, cultural and physical education and in promo ting international unders tanding and peace, Noting the need to encourage and coordinate international cooperation towards the elimination of doping in sport, Concerned by the use of doping by athletes in sport and the consequences thereof for their health, the principle of fair play, the elimin ation of cheating and the future of sport, Mindful that doping puts at risk the ethical principl es and educational values embodied in the International Charter of Physical Educati on and Sport of UNESCO and in the Olympic Charter, Recalling that the Anti-Doping Convention and its A dditional Protocol adopted within the framework of the Council of Euro pe are the public internationa l law tools which are at the origin of national anti-doping policie s and of intergovernmental cooperation, Recalling the recommendations on doping adopted by the second, third and fourth International Conferences of Ministers and Senior Official s Responsible for Physical Education and Sport organized by UNESCO at Moscow (1988), Punta del Este (1999) and Athens (2004) and 32 C/Resolution 9 adopted by the General Conference of UNESCO at its 32nd session (2003), Bearing in mind the World Anti-Doping Code adopted by the World Anti-Doping Agency at the World Conference on Doping in Sport, Copenhagen, 5 March 2003 , and the Copenhagen Declaration on Anti- Doping in Sport, Mindful also of the influence that el ite athletes have on youth, Aware of the ongoing need to conduct and promote re search with the objectives of improving detection of doping and better un derstanding of the factors affecting use in order for prevention strategies to be most effective, Aware also of the importance of ongoing education of athletes, athlete support personnel and the community at large in preventing doping, – 2 – Mindful of the need to build the capacity of States Parties to implement anti-doping programmes, Aware that public authorities and the organizations responsible for sport have complementary responsibilities to prevent and combat doping in spor t, notably to ensure the proper conduct, on the basis of the principle of fair play, of sports events and to protect the health of those that take part in them, Recognizing that these authorities and organizations must work together for these purposes, ensuring the highest degree of independence an d transparency at all appropriate levels, Determined to take further and stronger cooperative action aimed at the elimination of doping in sport, Recognizing that the elimination of doping in spor t is dependent in part upon progressive harmonization of anti-doping stan dards and practices in sport and cooperation at the national and global levels, Adopts this Convention on this nine teenth day of October 2005. |
I. |
Scope Article 1 – Purpose of the Convention The purpose of this Convention, within the fr amework of the strategy and programme of activities of UNESCO in the area of physical education and sport, is to promote the prevention of and the fight against doping in sport, with a view to its elimination. |
Article 2 – Definitions These definitions are to be understood within the context of the World Anti-Doping Code. |
However, in case of conflict the provi sions of the Conven tion will prevail. |
For the purposes of this Convention: 1. |
“Accredited doping control laboratories” means laboratories accredited by the World Anti-Doping Agency. |
2. |
“Anti-doping organization” m eans an entity that is responsible for adopting rules for initiating, implementing or enforcing any pa rt of the doping cont rol process. |
This includes, for example, the Internationa l Olympic Committee, the International Paralympic Committee, other major event or ganizations that conduc t testing at their events, the World Anti-Doping Agency, inte rnational federations and national anti-doping organizations. |
3. |
“Anti-doping rule violation” in spor t means one or more of the following: (a) the presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen; (b) use or attempted use of a prohibi ted substance or a prohibited method; – 3 – (c) refusing, or failing without compelling justification, to submit to sample collection after notification as authorized in applicab le anti-doping rules or otherwise evading sa mple collection; (d) violation of applicable requirements regarding athlete availability for out-of-competition testing, including failure to provide required whereabouts information and missed tests which are declar ed based on reasonable rules; (e) tampering, or attempting to tamper , with any part of doping control; (f) possession of prohibited substances or methods; (g) trafficking in any prohibited substance or prohibited method; (h) administration or attempted administrati on of a prohibited substance or prohibited method to any athlete, or assisting, enc ouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation. |
4. |
“Athlete” means, for the purposes of doping control, any person who participates in sport at the international or national leve l as defined by each national anti-doping organization and accepted by States Parties and any additional pers on who participates in a sport or event at a lower level accepte d by States Parties. |
For the purposes of education and training programmes, “athlet e” means any person who participates in sport under the authority of a sports organization. |
5. |
“Athlete support personnel” means any coac h, trainer, manager, agent, team staff, official, medical or paramedical personne l working with or treating athletes participating in or preparing for sports competition. |
6. |
“Code” means the World Anti-Doping C ode adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen whic h is attached as Appendix 1 to this Convention. |
7. |
“Competition” means a single race, match, game or singular athletic contest. |
8. |
“Doping control” means the process incl uding test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals. |
9. |
“Doping in sport” means the occurren ce of an anti-doping rule violation. |
10. |
“Duly authorized doping control teams” means doping control teams operating under the authority of international or national anti-doping organizations. |
11. |
“In-competition” testing means, for purpos es of differentiating between in-competition and out-of-competition testing, unless provided ot herwise in the rules of an international federation or other relevant an ti-doping organization, a test where an at hlete is selected for testing in connection w ith a specific competition. |
12. |
“International Standard fo r Laboratories” means the standard which is attached as Appendix 2 to this Convention. |
– 4 – 13. |
“International Standard fo r Testing” means the standard which is attached as Appendix 3 to this Convention. |
14. |
“No advance notice” means a doping cont rol which takes place with no advance warning to the athlete and where the athlete is continuously chaperoned from the moment of notification through sample provision. |
15. |
“Olympic Movement” means all those who agree to be guided by the Olympic Charter and who recognize the authority of the Inte rnational Olympic Committee, namely the international federations of sports on th e programme of the Olympic Games, the National Olympic Committees, the Organizi ng Committees of the Olympic Games, athletes, judges and referees, associations a nd clubs, as well as all the organizations and institutions recognized by the International Olympic Committee. |
16. |
“Out-of-competition” doping control means any doping control which is not conducted in competition. |
17. |
“Prohibited List” means the lis t which appears in Annex I to this Convention identifying the prohibited substances and prohibited methods. |
18. |
“Prohibited method” means any method so described on the Prohibited List, which appears in Annex I to this Convention. |
19. |
“Prohibited substance” means any substance so described on the Prohibited List, which appears in Annex I to this Convention. |
20. |
“Sports organization” means any organization that serves as the ruling body for an event for one or several sports. |
21. |
“Standards for Granting Therapeutic Use Exemptions” means t hose standards that appear in Annex II to this Convention. |
22. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.