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“Testing” means the parts of the doping co ntrol process involving test distribution planning, sample collection, sample handling and sample transport to the laboratory.
23.
“Therapeutic use exemption” means an exemption granted in accordance with Standards for Granting Therapeutic Use Exemptions.
24.
“Use” means the application, ingestion, injection or consumption by any means whatsoever of any prohibited substance or prohibited method.
25.
“World Anti-Doping Agency” (WADA) mean s the foundation so named established under Swiss law on 10 November 1999.
Article 3 – Means to achieve th e purpose of the Convention In order to achieve the purpose of the Convention, States Pa rties undertake to: (a) adopt appropriate measures at the na tional and internationa l levels which are consistent with the principles of the Code; – 5 – (b) encourage all forms of in ternational cooperation aimed at protecting athletes and ethics in sport and at sharing the results of research; (c) foster international coop eration between States Partie s and leading organizations in the fight against doping in sport, in particular with the World Anti-Doping Agency.
Article 4 – Relationship of the Convention to the Code 1.
In order to coordinate the implementation, at the national and intern ational levels, of the fight against doping in sport, St ates Parties commit themselves to the principles of the Code as the basis for the measures provided for in Article 5 of this Convention.
Nothing in this Convention prevents States Pa rties from adopting additional measures complementary to the Code.
2.
The Code and the most current version of Appendices 2 and 3 are reproduced for information purposes and are not an integral part of this Conventi on.
The Appendices as such do not create any binding obligations under internationa l law for States Parties.
3.
The Annexes are an integral part of this Convention.
Article 5 – Measures to achieve the objectives of the Convention In abiding by the obligations contained in th is Convention, each State Party undertakes to adopt appropriate measures.
Such measures ma y include legislation, regulation, policies or administrative practices.
Article 6 – Relationship to ot her international instruments This Convention shall not alter the rights and ob ligations of States Pa rties which arise from other agreements previously concluded and cons istent with the object and purpose of this Convention.
This does not affect the enjoyment by other States Pa rties of their rights or the performance of their obligations under this Convention.
II.
Anti-doping activities at the national level Article 7 – Domestic coordination States Parties shall ensure the application of the pres ent Convention, notably through domestic coordination.
To meet their obligations under this Convention, States Parties may rely on anti-doping organizati ons as well as sports aut horities and organizations.
Article 8 – Restricting the availability and use in sport of prohibited substances and methods 1.
States Parties shall, where appropriate, adop t measures to restrict the availability of prohibited substances and met hods in order to restrict th eir use in sport by athletes, unless the use is based upon a therapeutic use exemption.
These include measures against trafficking to athl etes and, to this end, meas ures to control production, movement, importation, di stribution and sale.
2.
States Parties shall adopt, or encourage, where appropriate, the relevant entities within their jurisdictions to adopt measures to prev ent and to restrict th e use and possession of – 6 – prohibited substances and methods by athletes in sport, unless the use is based upon a therapeutic use exemption.
3.
No measures taken pursuant to this C onvention will impede the availability for legitimate purposes of substances and met hods otherwise prohibited or controlled in sport.
Article 9 – Measures agai nst athlete support personnel States Parties shall themselves take measures or encourage sports organizations and anti-doping organizations to adopt measures, includi ng sanctions or penalties, aimed at athlete support personnel who commit an anti-doping rule violation or other offence connected with doping in sport .
Article 10 – Nutritional supplements States Parties, where appropria te, shall encourage producers a nd distributors of nutritional supplements to establish best practices in the marketing and distribution of nutritional supplements, including information regarding their analytic composition and quality assurance.
Article 11 – Financial measures States Parties shall, where appropriate: (a) provide funding within their respec tive budgets to support a national testing programme across all sports or assist sports organizations and anti-doping organizations in financing doping controls e ither by direct subsidies or grants, or by recognizing the costs of such controls when determining the overall subsidies or grants to be awarded to those organizations; (b) take steps to withhold s port-related financial support to individual athletes or athlete support personnel who have been suspended following an anti-doping rule violation, during the peri od of their suspension; (c) withhold some or all financial or othe r sport-related support from any sports organization or anti-doping organization not in compliance with the Code or applicable anti-doping rules a dopted pursuant to the Code.
Article 12 – Measures to facilitate doping control States Parties shall, where appropriate: (a) encourage and facilitate the implementation by sports organizations and anti-doping organizations within their jurisd iction of doping controls in a manner consistent with the Code, including no-advance notice, out-of-competition and in-competition testing; (b) encourage and facilitate the negotiation by sports organizations and anti-doping organizations of agreements permitti ng their members to be tested by duly authorized doping control t eams from other countries; – 7 – (c) undertake to assist the s ports organizations and anti -doping organizations within their jurisdiction in gaining access to an accredited doping control laboratory for the purposes of doping control analysis.
III.
International cooperation Article 13 – Cooperation between anti-doping organizations and s ports organizations States Parties shall encourage cooperati on between anti-doping organizations, public authorities and sports organizati ons within their jurisdiction and those within the jurisdiction of other States Parties in orde r to achieve, at the internati onal level, the purpose of this Convention.
Article 14 – Supporting the mission of the World Anti-Doping Agency States Parties undertake to support the importa nt mission of the World Anti-Doping Agency in the internationa l fight against doping.
Article 15 – Equal funding of the World Anti-Doping Agency States Parties support the principle of equa l funding of the World Anti-Doping Agency’s approved annual core budget by public au thorities and the Olympic Movement.
Article 16 – International cooperation in doping control Recognizing that the fight agains t doping in sport can only be e ffective when athletes can be tested with no advance notic e and samples can be trans ported in a timely manner to laboratories for analysis, States Parties shall, where appropr iate and in accordance with domestic law and procedures: (a) facilitate the task of the World Anti-Doping Agency and anti-doping organizations operating in compliance with the Code, subject to relevant host countries’ regulations, of conducting in- or out-of-competition doping controls on their athletes, whether on their territory or elsewhere; (b) facilitate the timely movement of dul y authorized doping control teams across borders when conducting doping control activities; (c) cooperate to expedite the timely shipping or carrying across borders of samples in such a way as to maintain their security and integrity; (d) assist in the international coordina tion of doping controls by various anti-doping organizations, and cooperate to this end with the World Anti-Doping Agency; (e) promote cooperation between doping contro l laboratories within their jurisdiction and those within the jurisdiction of other States Parties.
In particular, States Parties with accredited doping control labor atories should encourage laboratories within their jurisdiction to assist other St ates Parties in enabling them to acquire the experience, skills and techniques nece ssary to establish their own laboratories should they wish to do so; – 8 – (f) encourage and support reci procal testing arra ngements between designated anti-doping organizations, in conf ormity with the Code; (g) mutually recognize the doping control pr ocedures and test results management, including the sport sanctions thereof, of any anti-doping or ganization that are consistent with the Code.
Article 17 – Voluntary Fund 1.
A “Fund for the Elimination of Doping in S port”, hereinafter referred to as “the Voluntary Fund”, is hereby established.
The Voluntary Fund shall consist of funds-in-trust established in accordance with the Financial Regulations of UNESCO.
All contributions by States Parties and other actors shall be voluntary.
2.
The resources of the Voluntary Fund shall consist of: (a) contributions made by States Parties; (b) contributions, gifts or be quests which may be made by: (i) other States; (ii) organizations and programmes of th e United Nations system, particularly the United Nations Development Program me, as well as other international organizations; (iii) public or private bodies or individuals; (c) any interest due on the res ources of the Voluntary Fund; (d) funds raised through collections, and receipts from events organized for the benefit of the Voluntary Fund; (e) any other resources auth orized by the Voluntary Fund’ s regulations, to be drawn up by the Conference of Parties.
3.
Contributions into the Voluntary Fund by States Parties shall not be considered to be a replacement for States Parties’ commitmen t to pay their share of the World Anti-Doping Agency’s annual budget.
Article 18 – Use and governance of the Voluntary Fund Resources in the Voluntary F und shall be allocated by the Conference of Parties for the financing of activities approved by it, notably to assist States Parties in developing and implementing anti-doping programmes, in accord ance with the provisions of this Convention, taking into consideration the goals of the Worl d Anti-Doping Agency, and may serve to cover functioning costs of this Conve ntion.
No political, economic or other conditions may be attached to contributions made to the Voluntary Fund.
– 9 – IV.
Education and training Article 19 – General educa tion and training principles 1.
States Parties shall undertake, within th eir means, to support, devise or implement education and training programmes on anti- doping.
For the sporting community in general, these programmes should aim to pr ovide updated and accurate information on: (a) the harm of doping to the ethical values of sport; (b) the health consequences of doping.
2.
For athletes and athlete support personnel, in particular in their initial training, education and training programmes should, in addition to the above, aim to provide updated and accurate information on: (a) doping control procedures; (b) athletes’ rights and responsibilities in regard to anti-doping, including information about the Code and the anti -doping policies of the releva nt sports and anti-doping organizations.
Such information shall include the consequences of committing an anti-doping rule violation; (c) the list of prohibited substances a nd methods and therapeutic use exemptions; (d) nutritional supplements.
Article 20 – Professional codes of conduct States Parties shall encourage relevant competen t professional associatio ns and institutions to develop and implement appropriate codes of con duct, good practice and ethics related to anti-doping in sport that are consistent with the Code.
Article 21 – Involvement of athl etes and athlete support personnel States Parties shall promote and, within their means, support active part icipation by athletes and athlete support personne l in all facets of the anti-doping work of s ports and other relevant organizations and encourage sports organizati ons within their jurisdiction to do likewise.
Article 22 – Sports organizations and ongoing education and traini ng on anti-doping States Parties shall encourag e sports organizations and anti-doping organizations to implement ongoing education and training program mes for all athletes and athlete support personnel on the subjects identified in Article 19.
Article 23 – Cooperation in education and training States Parties shall cooperate mutually and with the relevant organiza tions to share, where appropriate, information, expertise and expe rience on effective anti-doping programmes.
– 10 – V. Research Article 24 – Promotion of research in anti-doping States Parties undertake, within their means, to encourag e and promote anti-doping research in cooperation with sports and ot her relevant organizations on: (a) prevention, detection met hods, behavioural and social aspects, and the health consequences of doping; (b) ways and means of devising scientifi cally-based physiological and psychological training programmes respectful of the integrity of the person; (c) the use of all emerging substances and methods resulting from scientific developments.
Article 25 – Nature of anti-doping research When promoting anti-doping research, as set out in Article 24, States Part ies shall ensure that such research will: (a) comply with internationally recognized ethical practices; (b) avoid the administration to athletes of prohibite d substances and methods; (c) be undertaken only with adequate precau tions in place to prevent the results of anti-doping research being mi sused and applied for doping.
Article 26 – Sharing the result s of anti-doping research Subject to compliance with applicable national and international law, States Parties shall, where appropriate, share the resu lts of available anti-doping resear ch with other States Parties and the World Anti-Doping Agency.
Article 27 – Sport science research States Parties shall encourage: (a) members of the scientific and medical communities to carry out sport science research in accordance with the principles of the Code; (b) sports organizations an d athlete support personnel wi thin their jurisdiction to implement sport science research that is consistent with the principles of the Code.
VI.
Monitoring of the Convention Article 28 – Conference of Parties 1.
A Conference of Parties is hereby established.
The Conferen ce of Parties shall be the sovereign body of this Convention.
– 11 – 2.
The Conference of Parties shall meet in ordi nary session in principle every two years.
It may meet in extraordinary session if it so deci des or at the request of at least one third of the States Parties.
3.
Each State Party shall have one vote at the Conference of Parties.
4.
The Conference of Parties shall a dopt its own Rules of Procedure.
Article 29 – Advisory organi zation and observers to th e Conference of Parties The World Anti-Doping Agency shall be inv ited as an advisory organization to the Conference of Parties.
The Inte rnational Olympic Committee, the International Paralympic Committee, the Council of Europe and the Intergovernmental Committee for Physical Education and Sport (CIGEPS) shall be invite d as observers.
The Conference of Parties may decide to invite other relevant organizations as observers.
Article 30 – Functions of the Conference of Parties 1.
Besides those set forth in other provisions of this Convention, the functions of the Conference of Parties shall be to: (a) promote the purpose of this Convention; (b) discuss the relationship with the Wo rld Anti-Doping Agency and study the mechanisms of funding of the Agency’s annual core budget.
St ates non-Parties may be invited to the discussion; (c) adopt a plan for the use of the resour ces of the Voluntary Fund, in accordance with Article 18; (d) examine the reports submitted by States Parties in accordance with Article 31; (e) examine, on an ongoing basis, the monito ring of compliance with this Convention in response to the development of an ti-doping systems, in accordance with Article 31.
Any monitoring mechanism or measure that goes beyond Article 31 shall be funded through the Voluntary Fund established under Article 17; (f) examine draft amendments to this Convention for adoption; (g) examine for approval, in accordance with Article 34 of the Convention, modifications to the Prohibited List and to the Standards for Granting Therapeutic Use Exemptions adopted by the World Anti-Doping Agency; (h) define and implement cooperation betw een States Parties and the World Anti-Doping Agency within the framework of this Convention; (i) request a report from the World Anti- Doping Agency on the implementation of the Code to each of its sessions for examination.
2.
The Conference of Parties, in fulfilling its functions, may cooperate with other intergovernmental bodies.
– 12 – Article 31 – National reports to the Conference of Parties States Parties shall forward every two year s to the Conference of Parties through the Secretariat, in one of the offi cial languages of UNESCO, all re levant information concerning measures taken by them for the purpose of comp lying with the provisions of this Convention.
Article 32 – Secretariat of the Conference of Parties 1.
The secretariat of the Confer ence of Parties shall be provide d by the Director-General of UNESCO.
2.
At the request of the Confer ence of Parties, the Directo r-General of UNESCO shall use to the fullest extent possible the services of the World Anti-Doping Agency on terms agreed upon by the Conference of Parties.
3.
Functioning costs related to the Conventi on will be funded from the regular budget of UNESCO within existing resources at an appropriate level, the Voluntary Fund established under Article 17 or an appropriate combination thereof as determined every two years.
The financing for the secretaria t from the regular budget shall be done on a strictly minimal basis, it being underst ood that voluntary funding should also be provided to support the Convention.
4.
The secretariat shall prepare the documentation of the Conferen ce of Parties, as well as the draft agenda of its mee tings, and shall ensure the im plementation of its decisions.
Article 33 – Amendments 1.
Each State Party may, by wr itten communication addressed to the Director-General of UNESCO, propose amendments to this C onvention.
The Director-General shall circulate such communication to all States Partie s. If, within six mont hs from the date of the circulation of the communication, at least one half of the States Parties give their consent, the Director-General shall presen t such proposals to the following session of the Conference of Parties.
2.
Amendments shall be adopted by the Confer ence of Parties with a two-thirds majority of States Parties present and voting.