On the ratification of the International Convention against Doping in Sport
The Law of the Republic of Kazakhstan dated December 7, 2009 No. 220-IV
To ratify the International Convention against Doping in Sport, adopted in Paris on October 19, 2005.
President of the Republic of Kazakhstan N. Nazarbayev
INTERNATIONAL CONVENTION AGAINST DOPING IN SPORT
Paris, October 19th, 2005
The General Conference of the United Nations Educational, Scientific and Cultural Organization, hereinafter referred to as "UNESCO", at its 33rd session, held on 3-21 October 2005 in Paris, Bearing in mind that UNESCO's goal is to promote peace and security through enhanced cooperation among peoples in the field of education, science and culture, recalling existing international human rights instruments, taking into account resolution 58/5, adopted by the United Nations General Assembly on November 3, 2003. and concerning sport as a means of promoting education, health, development and peace, in particular paragraph 7 thereof, Aware that sport has an important role to play in protecting health, in moral, cultural and physical education, as well as in promoting international understanding and peace, Noting the need to promote and coordinate international cooperation aimed at eliminating doping in sports, expressing concern about the use of doping by athletes in sports and the consequences of this on their health, the principle of fair play, Recognizing that doping threatens the ethical principles and educational values enshrined in the UNESCO International Charter of Physical Education and Sport and the Olympic Charter, recalling that the Convention against Doping and its Additional Protocol, adopted within the framework of the Council of Europe, are instruments of public international law, on which national policies and intergovernmental cooperation in the field of anti-doping are based, referring to the recommendations on the issue of doping, adopted at the Second, Third and Fourth International Conferences of Ministers and Senior Officials Responsible for Physical Education and Sport, which were organized by UNESCO in Moscow (1988), Punta del Este (1999) and Athens (2004), as well as resolution 32 C/9 adopted by the General Conference UNESCO at its 32nd session (2003), taking into account the World Anti-Doping Code adopted by the World Anti-Doping Agency on March 5, 2003. in Copenhagen at the World Conference on Doping in Sport, as well as the Copenhagen Declaration on Combating Doping in Sport, taking into account the impact that leading athletes have on young people, taking into account the need to conduct and expand research on an ongoing basis to improve doping detection methods and to study in more depth the factors influencing its use, in particular In order to maximize the effectiveness of anti-doping strategies, taking into account also the importance of educating athletes on an ongoing basis., the support staff of athletes and society in general on the prevention of doping, taking into account the need to build the capacity of Participating States to implement anti-doping programmes, bearing in mind that government agencies and organizations responsible for sport perform complementary functions to prevent and combat doping in sport, in particular to ensure proper conducting sports events based on the principle of fair play and protecting the health of their participants, recognizing, That these bodies and organizations should cooperate in achieving these goals, achieving maximum independence and transparency at all relevant levels, Determined to take further and more active joint actions to eliminate doping in sport, recognizing that the eradication of doping in sport depends in part on consistent harmonization of anti-doping standards and practices in sport and on cooperation at the national level. At the national and global levels, adopts this Convention on October 19th, 2005.
I. Scope of application
Article 1 - Purpose of the Convention
The purpose of this Convention, within the framework of UNESCO's strategy and programme of activities in the field of physical education and sport, is to contribute to the prevention and combating of doping in sport in order to eliminate it.
Article 2 - Definitions
The following definitions should be interpreted in the context of the World Anti-Doping Code. However, in case of discrepancies, the provisions of the Convention shall 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" means a legal entity responsible for establishing rules regarding the development, implementation or enforcement of any element of the doping control process. These include, for example, the International Olympic Committee, the International Paralympic Committee, other organizations that host and test major events, the World Anti-Doping Agency, international federations, and national anti-doping organizations. 3. "Anti-Doping rule violation" in sports means one or more of the following violations: (a) the presence of a prohibited substance or its metabolites or markers in a sample taken from the Athlete's body; (b) the use or attempted use of a Prohibited Substance or Prohibited Method; (c) failure to appear for sample collection or failure to appear for sample collection without valid reason after receiving notification in accordance with applicable Anti-Doping Rules or otherwise evading sample collection; (d) violation of applicable requirements regarding the Athlete's availability for out-of-competition testing, including failure to provide the required information about his whereabouts and failure to appear for testing, which is scheduled based on reasonable rules.; (e) falsification or attempted falsification at any stage of Doping Control; (f) possession of Prohibited Substances or Methods; (g) distribution of any Prohibited Substance or any Prohibited Method; (h) administration or attempted administration of a Prohibited Substance to any Athlete or the use or attempted use of a Prohibited Method against him, or assistance, encouragement, assistance, incitement, concealment or complicity in any other form related to the violation or any attempt to violate the anti-doping rule. 4. "Athlete" for the purposes of doping control means any person involved in sports at the international or national level, as defined by each National anti-doping organization and recognized by the Participating States, as well as any other person involved in sports or participating in a lower-level sporting event, as recognized by the Participating States. For the purposes of education and training programs, "athlete" means any person involved in sports under the auspices of a sports organization. 5. "Athlete Support Staff" means any coach, instructor, manager, agent, member of the team staff, official, medical or paramedical personnel working with athletes or involved in the treatment of athletes participating in or preparing to participate in a sporting event. 6. "Code" means the World Anti-Doping Code, adopted by the World Anti-Doping Agency on March 5, 2003 in Copenhagen and included in Appendix 1 to this Convention. 7. "Competition" means a single race, match, game, or individual sporting event. 8. "Doping control" means the process involving the planning of tests, sampling and handling, laboratory analysis, post-test procedures, hearings and appeals. 9. "Doping in sports" means an anti-doping rule violation. 10. "Duly authorized Doping control groups" means doping control groups operating under the direction of international or national anti-doping organizations. 11. "In-competition testing", for purposes of distinguishing between in-competition and out-of-competition testing, unless the rules of an international federation or other relevant anti-doping organization provide otherwise, means conducting a test when an Athlete is selected for testing in connection with his participation in a particular competition. 12. "International Standard for Laboratories" means the standard included in Appendix 2 to this Convention. 13. "International Standard for Testing" means the standard included in Appendix 3 to this Convention. 14. "Without prior notice" means doping control conducted without prior notification of the Athlete, in which constant monitoring of the athlete is established from the moment of notification to sample collection. 15. "Olympic Movement" means all those who agree to be guided by the Olympic Charter and recognize the powers of the International Olympic Committee, namely: international federations of sports included in the Olympic Games program, National Olympic Committees, organizing committees of the Olympic Games, athletes, judges and arbitrators, associations and clubs, as well as all organizations and institutions, recognized by the International Olympic Committee. 16. "Out-of-competition" doping control means any doping control that takes place outside of competition. 17. "Prohibited List" means the list included in Annex I to this Convention, which specifies prohibited substances and prohibited methods. 18. "Prohibited Method" means any method designated as such on the Prohibited List, which is included in Annex I to this Convention. 19. "Prohibited substance" means any substance designated as such on the Prohibited List included in Annex I to this Convention. 20. "Sports organization" means any organization acting as a body that sets the rules for a sporting event in one or more sports. 21. "Standards for the issuance of therapeutic use permits" means standards included in Annex II to this Convention. 22. "Testing" means the parts of the doping control process that include test planning, sample collection, sample handling, and sample transportation to a laboratory. 23. "Therapeutic use authorization" means a permit issued in accordance with the Standards for Issuing Therapeutic Use Permits. 24. "Use" means the use, oral administration, injection, or any other use of any prohibited substance or prohibited method. 25. "World Anti-Doping Agency" (WADA) means a foundation with this name established in accordance with Swiss law on November 10, 1999.
Article 3 - Means of achieving the objective of the Convention
In order to achieve the objective of the Convention, the States Parties undertake:
(a) to take appropriate measures at the national and international levels consistent with the principles of the Code; (b) to encourage all forms of international cooperation aimed at ensuring the protection of athletes, respect for ethical principles in sport and the sharing of research results; (c) to promote international cooperation between Participating States and leading organizations in the field of anti-doping in sports, in particular, cooperation with the World Anti-Doping Agency.
Article 4 - Relationship of the Convention to the Code
1. In order to coordinate actions to combat doping in sport at the national and international levels, the Participating States undertake to adhere to the principles of the Code as the basis for taking the measures provided for in article 5 of this Convention. Nothing in this Convention prevents States Parties from taking other measures in addition to the Code. 2. The Code and the most recent versions of Appendices 2 and 3 are provided for information and are not integral parts of this Convention. The appendices themselves do not establish any international legal obligations for the participating States. 3. The Annexes are an integral part of this Convention.
Article 5 - Measures to address the objectives of the Convention
In fulfilling the obligations set out in this Convention, each State Party undertakes to take appropriate measures. These may include legislative, regulatory, policy, or administrative practices.
Article 6 - Relationship with other international instruments
This Convention does not change the rights and obligations of the States Parties that arise in connection with other previously concluded agreements that do not contradict the subject and purpose of this Convention. This does not affect the exercise by other States Parties of their rights or the fulfillment by them of their obligations under this Convention.
II. Anti-doping activities at the national level
Article 7 - Internal coordination
The Participating States shall ensure the application of this Convention by, inter alia, coordinating actions within the country. To fulfill their obligations under this Convention, States Parties may use anti-doping organizations, as well as sports institutions and organizations.
Article 8 - Restriction of the availability of prohibited substances and methods and their use in sports
1. States Parties shall, where appropriate, take measures to limit the availability of prohibited substances and methods in order to limit their use by athletes in sports, except in cases where such use is based on a therapeutic use authorization. These include measures to combat the spread of prohibited substances and methods among athletes and, accordingly, measures to control their production, movement, import, distribution and sale. 2. States Parties shall take measures to prevent and restrict the use and possession of prohibited substances and methods in sports by athletes, except in cases where they are used on the basis of a permit for their therapeutic use, or, where appropriate, encourage the adoption of such measures by relevant legal entities under their jurisdiction. 3. No measures taken in accordance with this Convention shall prevent the legal availability of substances and methods that are otherwise prohibited or controlled in sports.
Article 9 - Measures for Athlete support personnel
Participating States themselves shall take or facilitate the adoption by sports organizations and anti-doping organizations of measures, including sanctions or fines, against athlete support personnel who violate anti-doping rules or commit other violations related to doping in sport.
Article 10 - Food additives
The Participating States shall, where appropriate, promote the implementation by manufacturers and distributors of food additives of best practices in the marketing and distribution of food additives, including the provision of information on their chemical composition and quality assurance.
Article 11 - Financial measures
States Parties, where appropriate: (a) allocate funds within their respective budgets to finance the national testing program in all sports, or provide assistance to sports organizations and anti-doping organizations in financing doping control in the form of direct subsidies or grants, or in the form of offsetting the costs of such control when determining the total amount of subsidies or grants provided to these organizations; (b) take measures to suspend sports-related financial support for those individual athletes or their support staff who have been suspended as a result of an anti-doping rule violation for the entire period of their suspension; (c) suspend partially or completely financial or other sports-related support for any sports organization or anti-doping organization that does not comply with The Code or the applicable anti-doping rules established in accordance with the Code.
Article 12 - Measures to promote doping control
States Parties, where appropriate: (a) encourage and support the conduct of doping controls by sports organizations and anti-doping organizations under their jurisdiction in accordance with the Code, including preventive monitoring, out-of-competition and competitive testing; (b) encourage and support the conclusion of agreements by sports organizations and anti-doping organizations allowing their participants to be tested by duly authorized doping control groups.controls from other countries; (c) undertake to assist sports organizations and anti-doping organizations under their jurisdiction in gaining access to an accredited doping control laboratory for conducting doping control tests.
III. International cooperation
Article 13 - Cooperation between anti-doping organizations and sports organizations
The Participating States shall promote cooperation between anti-doping organizations, government agencies and sports organizations under their jurisdiction, and similar organizations and bodies under the jurisdiction of other Participating States, in order to achieve at the international level the objectives of this Convention.
Article 14 - Support for the mission of the World Anti-Doping Agency
The Participating States commit to support the World Anti-Doping Agency in fulfilling its important mission in the field of international anti-doping.
Article 15 - Equal-equity financing The World Anti-Doping Agency
The Participating States support the principle of equal financing by government agencies and the Olympic Movement of the approved basic annual budget of the World Anti-Doping Agency.
Article 16 - International cooperation in the field of doping control
Recognizing that the fight against doping in sport can be effective only if athletes are tested without prior notice and samples are transported in a timely manner to laboratories for analysis, the Participating States, where appropriate and in accordance with national legislation and procedures.: (a) subject to the relevant regulations of the host countries, provide assistance to the World Anti-Doping Agency and anti-doping organizations operating in accordance with the Code, in conducting in-competition and out-of-competition doping controls of their athletes both on and outside their territory; (b) assist in ensuring timely movement across borders of duly authorized doping control teams during doping control activities; (c) cooperate to facilitate timely transportation or movement across borders samples in such a way as to ensure their safety and security; (d) assist in ensuring the international coordination of doping control activities conducted by various anti-doping organizations and cooperate with the World Anti-Doping Agency for this purpose: (e) develop cooperation between doping control laboratories under their jurisdiction and relevant laboratories under the jurisdiction of other Participating States. In particular, States Parties with accredited doping control laboratories should facilitate the provision of assistance through laboratories under their jurisdiction to other States Parties in order to enable them to acquire the necessary experience and skills and master the necessary methodology to establish their own laboratories, if they so wish; (f) facilitate the conclusion and implementation of mutual testing agreements between anti-doping organizations designated in accordance with the Code.; (g) recognize on a reciprocal basis the doping control procedures and post-test procedures, including related sports sanctions, that are applied by any anti-Doping organization in accordance with the Code.
Article 17 - Voluntary Fund
1. A "Fund for the Eradication of Doping in Sport" is hereby established, hereinafter referred to as the "Voluntary Fund". The Voluntary Fund is formed from special-purpose funds raised in accordance with the UNESCO Financial Regulations. All contributions from participating States, as well as other participants, are voluntary. 2. The funds of the Voluntary Fund consist of: (a) contributions from Participating States; (b) contributions, donations or bequests that may be made available: (i) by other States; (ii) organizations and programmes of the United Nations system, in particular the United Nations Development Programme, as well as other international organizations; (iii) public or private organizations or individuals; (c) any interest accrued on the Voluntary Fund; (d) funds received through fundraising campaigns and activities for the benefit of the Voluntary Fund; (e) any other funds provided for in the Regulations on the Voluntary Fund to be developed by the Conference of the Parties. 3. The contributions of the Participating States to the Voluntary Fund are not considered as a substitute for the obligation of the Participating States to pay their share to the annual budget of the World Anti-Doping Agency.
Article 18 - Use and management of the Voluntary Fund
The funds of the Voluntary Fund shall be allocated by the Conference of the Parties to finance activities approved by it, in particular to assist States Parties in developing and implementing anti-doping programmes in accordance with the provisions of this Convention and taking into account the objectives of the World Anti-Doping Agency, and may also be used to cover the costs associated with the implementation of this Convention. Contributions to the Voluntary Fund cannot be accompanied by any political, economic or other conditions.
IV. Education and training
Article 19 - General principles of education and training
1. The Participating States undertake, within their means, to support, develop or implement anti-doping education and training programmes. For the sports community as a whole, these programs should aim to provide updated and accurate information on the following issues: (a) the damage caused by doping to the ethical values of sport; (b) the health consequences of doping. 2. For athletes and athletes' support staff, especially at the initial stage of their training, these programs should aim to provide updated and accurate information on the following issues: (a) doping control procedures; (b) the rights and obligations of athletes in connection with the fight against doping, including information on the Code and anti-doping policies of relevant sports organizations and anti-doping organizations, including the consequences of violations of anti-doping rules; (c) a list of prohibited substances and methods, as well as permits for the therapeutic use of prohibited substances; (d) dietary supplements.
Article 20 - Professional codes of conduct
The Participating States shall encourage the development and implementation by relevant competent professional associations and institutions of appropriate codes of conduct, good practice and ethics related to the fight against doping in sport, which comply with the Code.
Article 21 - Involvement of athletes and athletes' support staff
Participating States shall promote and, within their means, facilitate the active participation of athletes and athlete support personnel in all aspects of the anti-doping activities of sports and other relevant organizations and encourage sports organizations under their jurisdiction to do so.
Article 22 - Sports organizations and ongoing education and training on anti-doping issues
The Participating States shall promote, on an ongoing basis, the implementation by sports organizations and anti-doping organizations of education and training programmes for all athletes and athlete support personnel on the issues referred to in Article 19.
Article 23 - Cooperation in the field of education and training
Participating States shall cooperate with each other and with relevant organizations in order, where appropriate, to share information, expertise and experience on the implementation of effective anti-doping programs.
V. Researches
Article 24 - Promotion of anti-doping research
The Participating States undertake, within their available means, to facilitate and facilitate the conduct of anti-doping research in cooperation with sports and other relevant organizations on the following issues:: (a) prevention of the use and methods of detecting doping, behavioral and social aspects, as well as the effects of doping on health; (b) ways and means of developing evidence-based physiological and psychological training programs that do not harm the athlete's health; (c) the use of all new substances and methods resulting from scientific progress.
Article 25 - Characteristics of anti-doping studies
In facilitating the conduct of anti-doping studies referred to in Article 24, States Parties shall ensure that these studies are conducted: (a) in accordance with internationally recognized ethical practices; (b) avoiding the administration of Prohibited substances and methods to Athletes; (c) only taking appropriate precautions to prevent unlawful the application of the results of anti-doping studies and their use for doping purposes.
Article 26 - Sharing of anti-doping research results
Subject to compliance with relevant national legislation and international law, the Participating States shall, where appropriate, share the results of their anti-doping studies with other Participating States and the World Anti-Doping Agency.
Article 27 - Scientific research in the field of sports
The Participating States shall promote: (a) the conduct of scientific research in the field of sports by scientific and medical professionals in accordance with the principles of the Code; (b) the conduct of scientific research in the field of sports by sports organizations under their jurisdiction and athletes' support staff in accordance with the principles of the Code.
VI. Monitoring of the Convention
Article 28 - Conference of the Parties
1. The Conference of the Parties is hereby established. The Conference of the Parties is the highest body of this Convention. 2. Regular sessions of the Conference of the Parties are held, as a rule, every two years. The Conference of the Parties may hold extraordinary sessions if it decides to do so or if at least one third of the States Parties so request. 3. Each State Party shall have one vote at the Conference of the Parties. 4. The Conference of the Parties shall adopt its Rules of Procedure.
Article 29 - Consultative organization and observers at the Conference of the Parties
The World Anti-Doping Agency is invited to the Conference of the Parties as an advisory organization. The International Olympic Committee, the International Paralympic Committee, the Council of Europe and the Intergovernmental Committee on Physical Education and Sport (CIGEPS) are invited as observers. The Conference of the Parties may decide to invite other relevant organizations as observers.
Article 30 - Functions of the Conference of the Parties
1. In addition to the functions set out in other provisions of this Convention, the functions of the Conference of the Parties are as follows: (a) contributing to the achievement of the objective of this Convention; (b) discussing the relationship with the World Anti-Doping Agency and exploring financing mechanisms for the Agency's core annual budget. States that are not parties to the Convention may be invited to participate in this discussion; (c) approval of a plan for the use of the Voluntary Fund in accordance with article 18; (d) review of reports submitted by States Parties in accordance with article 31; (e) review, on an ongoing basis, the results of monitoring compliance with this Convention in the light of the development of anti-doping systems in accordance with Article 31. Any monitoring mechanisms or measures outside the scope of Article 31 will be funded from a Voluntary Fund established in accordance with in accordance with article 17; (f) Consideration of amendments to this Convention for their subsequent adoption; (g) review amendments to the Prohibited List and Standards for the Issuance of Permits for the Therapeutic Use of Prohibited Substances adopted by the World Anti-Doping Agency for their approval in accordance with article 34; (h) identify areas and mechanisms for cooperation between Participating States and the World Anti-Doping Agency under this Convention; (i) referral to the World Anti-Doping Agency The Agency requests a report on the implementation of the Code for consideration at each session. 2. In carrying out its functions, the Conference of the Parties may interact with other intergovernmental bodies.
Article 31 - Reports of States Parties submitted to the Conference of the Parties
Every two years, the participating States shall submit to the Conference of the Parties, through the Secretariat, in one of the official languages of UNESCO, all relevant information on the measures they have taken to implement the provisions of this Convention.
Article 32 - The Secretariat of the Conference of the Parties
1. The secretariat of the Conference of the Parties is provided by the Director General of UNESCO. 2. At the request of the Conference of the Parties, the Director General of UNESCO shall use the services of the World Anti-Doping Agency to the maximum extent possible on the terms agreed by the Conference of the Parties. 3. The operational costs related to the Convention will be financed from UNESCO's regular budget, within the limits of available funds at the appropriate level, from a Voluntary Fund established in accordance with Article 17, or by an appropriate combination of the two, to be determined every two years. The Secretariat is funded from the regular budget on a strictly minimal basis, with the understanding that voluntary funding will also be provided in support of the Convention. 4. The secretariat prepares documentation for the Conference of the Parties and the provisional agenda for its meetings, as well as ensures the implementation of its decisions.
Article 33 - Amendments to the Convention
1. Each State Party may, by written communication addressed to the Director-General of UNESCO, propose amendments to this Convention. The Director-General shall send such a message to all Participating States. If, within six months from the date of dispatch of the communication, at least half of the States Parties declare their agreement, the Director-General shall submit such proposals to the next session of the Conference of the Parties. 2. Amendments shall be adopted at the Conference of the Parties by a two-thirds majority vote of the States Parties present and voting. 3. Amendments to this Convention, after their adoption, shall be submitted to the States Parties for ratification, acceptance, approval or accession. 4. In respect of States Parties that have ratified, accepted, approved or acceded to amendments to this Convention, they shall enter into force three months after the date of deposit of the instruments referred to in paragraph 3 of this article by two thirds of the States Parties. Thereafter, for each State Party that ratifies, accepts, approves or accedes to an amendment, the said amendment shall enter into force three months after the date of deposit by that State Party of its instrument of ratification, acceptance, approval or accession. 5. A State which becomes a Party to this Convention after the entry into force of the amendments in accordance with paragraph 4 of this article, unless otherwise intended, shall be deemed to: (a) a Party to this Convention as thus amended; (b) a Party to this Convention without amendment in respect of any State Party not bound by the amendment.
Article 34 - Special procedure for the adoption of amendments to the annexes to the Convention
1. If the World Anti-Doping Agency makes changes to the Prohibited List or to the Standards for Granting Therapeutic Use Exemptions, it may inform the Director General of UNESCO about these changes in a written message. The Director-General shall promptly notify all States Parties of these changes as proposed amendments to the relevant annexes to the Convention. Amendments to annexes are approved by the Conference of the Parties at one of its sessions or by written consultation. 2. States Parties have 45 days from the date of notification to the Director-General to express their objection to the proposed amendments, either in a written communication addressed to the Director-General, if written consultation is required, or at a session of the Conference of the Parties. The proposed amendments are considered to have been adopted by the Conference of the Parties unless two thirds of the States Parties express their objections. 3. The Director-General shall notify the States Parties of the amendments adopted by the Conference of the Parties. These amendments shall enter into force 45 days after the date of this notification, but not in respect of a State Party that has previously notified the Director General that it does not accept these amendments. 4. A State Party that has notified the Director General that it does not accept an amendment approved in accordance with the preceding paragraphs, remains bound by the action of the annexes without amendments made to them.
VII. Final provisions
Article 35 - Federal or non-unitary constitutional systems
The following provisions apply to participating States that have a federal or non-unitary constitutional system: (a) With respect to the provisions of this Convention, the implementation of which falls under the legal jurisdiction of a federal or central legislative authority, the federal or central Government shall bear the same obligations as States Parties that are not federal States.; (b) with respect to the provisions of this Convention, the implementation of which falls under the jurisdiction of individual constituent states, regions, provinces or cantons, which, in accordance with the constitutional system of the federation, are not required to take legislative measures, the Federal Government shall inform the competent authorities of such states, regions, provinces or cantons of these provisions, with its a recommendation regarding their acceptance.
Article 36 - Ratification, acceptance, approval or accession
This Convention is subject to ratification, acceptance, approval or accession by UNESCO member States in accordance with their respective constitutional procedures. The instruments of ratification, acceptance, approval or accession shall be deposited with the Director General of UNESCO.
Article 37 - Entry into force
1. This Convention shall enter into force on the first day of the month following the expiration of a period of one month from the date of deposit of the thirtieth instrument of ratification, acceptance, approval or accession. 2. For any State that subsequently declares its consent to be bound by this Convention, it shall enter into force on the first day of the month following the expiration of a period of one month from the date of deposit of its instrument of ratification, acceptance, approval or accession.
Article 38 - Extension of the Convention to the territory of
1. Any State, when depositing its instrument of ratification, acceptance, approval or accession, may specify the territory or territories for whose international relations it is responsible and to which this Convention applies. 2. Any State Party may, at a later stage, by a declaration addressed to UNESCO, extend the application of this Convention to any other territory specified in that declaration. In respect of such territory, the Convention shall enter into force on the first day of the month following the expiration of a period of one month from the date of receipt of such declaration by the depositary. 3. Any declaration made in accordance with the two preceding paragraphs may be withdrawn in respect of any Territory specified in such declaration by sending a notification to UNESCO. Such withdrawal shall take effect on the first day of the month following the expiration of a period of one month from the date of receipt of such notification by the depositary.
Article 39 - Denunciation
Any State Party may denounce this Convention. The denunciation shall be notified in writing in a document deposited with the Director General of UNESCO. The denunciation takes effect on the first day of the month following the expiration of a six-month period from the date of receipt of the denunciation document. It does not in any way affect the financial obligations of the State party concerned prior to the effective date of withdrawal from the Convention.
Article 40 - The Depositary
The Director-General of UNESCO is the depositary of this Convention and its amendments. As depositary, the Director-General of UNESCO shall inform the States Parties to this Convention, as well as other Member States of the Organization, of: (a) the deposit of any instruments of ratification, acceptance, approval or accession; (b) the date of entry into force of this Convention in accordance with article 37; (c) any report, prepared in accordance with the provisions of article 31; (d) any amendment to the Convention or to the annexes adopted in accordance with articles 33 and 34 and the date of entry into force of that amendment; (e) any declaration or notification submitted in accordance with the provisions of article 38; (f) any notification submitted in accordance with the provisions of article 39 and the date of entry into force of that amendment. (g) any other act, notification or communication related to this Convention.
Article 41 - Registration
In accordance with Article 102 of the Charter of the United Nations, this Convention is registered by the United Nations Secretariat at the request of the Director-General of UNESCO.
Article 42 - Authentic texts
1. This Convention, including its annexes, has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, six texts being equally authentic. 2. The appendices to this Convention are in Arabic, Chinese, English, French, Russian and Spanish.
Article 43 - Reservations
No reservations incompatible with the object and purpose of this Convention are permitted.
Appendix I - Prohibited List - International Standard
Annex II - Standards for granting permits for therapeutic use
Appendix 1 - World Anti-Doping Code
Appendix 2 - International Standard for Laboratories
Appendix 3 - International Standard for Testing
ANNEX I
WORLD ANTI-DOPING AGENCY
WORLD ANTI-DOPING CODE PROHIBITED LIST 2008 INTERNATIONAL STANDARD
This list comes into force on January 1, 2008.
BANNED LIST 2008 WORLD ANTI-DOPING CODE
Effective from January 1, 2008.
The use of any drugs should be carried out for medical reasons.
SUBSTANCES AND METHODS THAT ARE ALWAYS PROHIBITED (BOTH IN COMPETITION AND OUT OF COMPETITION)
PROHIBITED SUBSTANCES
S1. ANABOLIC AGENTS
Anabolic agents are prohibited.
S1.1. Anabolic Androgenic Steroids (AAS)
(a) Exogenous* AAS, including:
1-androstenediol (5a-androst-1-ene-3b, 17b-diol); 1-androstenedione (5a-androst-1-ene-3,17-dione); bolandiol (19-norandrostenediol); bolasterone; boldenone; boldion (androst-1,4-diene-3,17-dione); calasterone; clostebol; danazol (17a-ethynyl-17b-hydroxyandrost-4-1,3 [2,3-d]isoxazole); dehydrochloromethyltestosterone (4-chloro-17b-hydroxy-17a-methylandrost-1,4-dien-3-one); deoxymethyltestosterone (17a-methyl-5a-androst-2-en-17b-ol); drostanolone; ethylestrenol (19-nor-17a-pregn4-en-17-ol); fluoxymesterone; formebolone; furazabol (17b-hydroxy-17a-methyl-5a-androstano[2,3-c]-furazan); gestrinone; 4-hydroxytestosterone (4,17b-dihydroxyandrost-4-en-3-one); mestanolone; mesterolone; methenolone; methandienone (17b-hydroxy-17a-methylandrost-1,4-dien-3-one); methandriol; metasterone (2a, 17a-dimethyl-5a-androstan-3-one-17b-ol); methyldienolone (17b-hydroxy-17a-methylester-4,9-dien-3-one); methyl-1-testosterone (17b-hydroxy-17a-methyl-5a-androst-1-en-3-one); methylnortestosterone (17b-hydroxy-17a-methylester-4-en-3-one); methyltrienolone (17b-hydroxy-17a-methylester-4,9,11-trien-3-one); methyltestosterone; miboleron; nandrolone; 19-norandrostenedione (estr-4-en-3,17-dione); norbolethone; norclostebol; norethandrolone; oxabolone; oxandrolone; oxymesterone; oxymetolone; prostanozole ([3,2-c] pyrazole-5a-ethioallocholan-17b-tetrahydropyranol); kinbolone; stanozolol; stenbolone; 1-testosterone (17b-hydroxy-5a-androst-1-en-3-one); tetrahydrogestrinone(18a-homo-pregna-4,9,11-triene-17b-ol-3-one); trenbolone and other substances with similar chemical structure or similar biological effects.
(b) Endogenous** AAS:
androstenediol (androst-5-en-3b,17b-diol), androstenedione (androst-4-en-3,17-dione), dihydrotestosterone (17b-hydroxy-5a-androstan-3-one); prasterone (dehydroepiandrosterone, DHEA), testosterone,
as well as the following metabolites and isomers:
5a-androstan-3a,17a-diol; 5a-androstan-3a,17b-diol; 5a-androstan-3b,17a-diol; 5a-androstan-3b,17b-diol; androst-4-en-3a, 17a-diol; androst-4-en-3a,17b-diol; androst-4-en-3b,17a-diol; androst-5-en-3a,17a-diol; androst-5-en-3a,17b-diol; androst-5-en-3b,17a-diol; 4-androstenediol (androst-4-en-3b,17b-diol); 5-androstenedione (androst-5-en-3,17-dione), epi-dihydrotestosterone; 3a-hydroxy-5a-androstan-17-one; 3b-hydroxy-5a-androstan-17-one; 19-norandrosterone; 19-norethiocholanolone.
If any of the anabolic androgenic steroids can be produced by the body itself, the sample will be considered to contain such a prohibited substance and an unfavorable result of the analysis will be reported in cases where the concentration of such a prohibited substance or the concentration of its metabolites or markers and/or their corresponding ratios in the athlete's sample exceed the range of norms that are common for humans, and can hardly correspond to the usual endogenous production by the body. A sample is not considered to contain a Prohibited Substance if the Athlete provides evidence that the concentration of the Prohibited substance or its metabolites or markers and/or their corresponding ratios in the Athlete's sample may be caused by his pathological or physiological condition. In all cases and at all concentrations, the Athlete's sample will be considered to contain a Prohibited Substance, and the laboratory will report an adverse analytical finding if, based on any reliable method (e.g. IRMS), it can prove that the prohibited substance is exogenous. In this case, there is no need for further investigation. When there is no such deviation in concentration from the range of norms that are common for humans, and as a result of using any reliable method (for example, IRMS), the exogenous origin of the substance is not established, but there is reason to believe, for example, based on a comparison of endogenous steroid profiles, that a prohibited substance may have been used, or when the laboratory It reports a ratio of testosterone to epitestosterone of more than 4 to 1, and the use of any reliable method (for example, IRMS) does not allow to establish the exogenous origin of the substance., The relevant anti-doping organization conducts further investigation by examining the results of any previous tests or conducting subsequent tests. When such additional investigation is required, the results are reported by the laboratory as atypical rather than unfavorable. If, as a result of using an additional reliable method (for example, IRMS), the laboratory reports that the prohibited substance is of exogenous origin, then there is no need for further investigation and the sample is considered to contain such a prohibited substance. If no additional reliable analysis method (e.g. IRMS) has been used and there are no results from at least three previous tests, the athlete's steroid profile is determined over a long period of time by conducting three tests in a three-month period without prior notification by the relevant anti-doping organization. The results, which led to a study of the steroid profile over a long period of time, are reported as atypical. If, over a prolonged period, the athlete's steroid profile, determined on the basis of a number of subsequent tests, is not physiologically normal, then an unfavorable result of the analysis is reported. In extremely rare individual cases, boldenone of endogenous origin can be systematically detected in urine at very low concentrations of the order of several nanograms per milliliter (ng/ml). If the laboratory reports such a very low concentration of boldenone, and the use of a reliable analysis method (for example, IRMS) does not allow to establish the exogenous origin of the substance, further investigation may be conducted based on subsequent tests. The mention in the laboratory's report of the unfavorable result of the analysis of a substance such as norandrosterone-19 is considered as scientific and well-founded evidence of the exogenous origin of the prohibited substance. In this case, there is no need for further investigation. If an Athlete refuses to cooperate during investigations, the Athlete's sample is considered to contain a prohibited substance.
S1.2. Other anabolic agents (the list is not exhaustive)
Clenbuterol, selective androgen receptor modulators (SARMs), tibolone, zeranol, zilpaterol.
In this section: * "exogenous" substances mean substances that cannot be produced by the body; ** "endogenous" substances mean substances that can be produced by the body.
S2. HORMONES AND RELATED SUBSTANCES
The following substances and their releasing factors are prohibited;
1. Erythropoietin (EPO); 2. Growth hormone (hGH), insulin-like growth factors (e.g. IGF-1), mechanical growth factors (MFR); 3. Gonadotropins (e.g. LH, HCG) - prohibited only for men; 4. Insulins; 5. corticotropins
and other substances with similar chemical structure or similar biological effects. If the Athlete does not prove that the concentration is caused by a physiological or pathological condition, then the sample will be considered to contain any of the prohibited substances listed in the above list when the concentration of the prohibited substance or its metabolites, or markers and/or their corresponding ratios in the athlete's sample exceed the norms that are common for humans, and they can hardly correspond to the usual endogenous production by the body. If, as a result of using a reliable method, the laboratory reports that the prohibited substance is of exogenous origin, the sample will be considered to contain a prohibited substance and an unfavorable result of the analysis will be reported.
S3. BETA-2 AGONISTS
All beta-2 agonists, including their D- and L-isomers, are prohibited. The exceptions are formoterol, salbutamol, salmeterol and terbutaline when they are used by inhalation; however, a simplified therapeutic use permit is required. Regardless of whether the Athlete has received permission for therapeutic use, a salbutamol (free plus glucuronide) concentration exceeding 1,000 ng/ml will be considered an unfavorable analytical result, except in cases where the athlete can prove that this result is a consequence of the therapeutic use of salbutamol inhalations.
S4. HORMONE ANTAGONISTS AND MODULATORS
The following classes are prohibited:
1. aromatase inhibitors, including anastrozole, letrozole, aminoglutetimide, exemestane, formestane, testolactone, etc.; 2. selective estrogen receptor modulators (SERMs), including raloxifene, tamoxifen, toremifene, etc.; 3. other antiestrogen substances, including clomiphene, cyclophenyl, fulvestrant, etc.; 4. Agents that alter myostatin functions, including myostatin inhibitors, etc.
S5. DIURETICS AND OTHER MASKING SUBSTANCES
Masking agents are prohibited. They include: diuretics*, epitestosterone, probenecid, alpha-reductase inhibitors (e.g. finasteride, dutasteride), plasma substitutes (e.g. albumin, dextran, hydroxyethyl starch) and other substances with similar biological effects.
Diuretics: acetazolamide, amiloride, bumetanide, canrenone, chlorthalidone, ethacrinic acid, furosemide, indapamide, metolazone, spironolactone, thiazides (for example, bendroflumetiazide, chlorothiazide, hydrochlorothiazide), triamterene, as well as other substances with similar chemical structure or similar biological effects (except for drosperinone, which is not prohibited).
* A permit for the therapeutic use of prohibited substances is not valid if the athlete's urine contains a diuretic along with a threshold or sub-threshold level of a prohibited substance.
PROHIBITED METHODS
M1. ENHANCED OXYGEN TRANSPORT
The following methods are prohibited: 1. blood doping, including the use of autologous, homologous or heterologous blood products or red blood cells of any origin, 2. artificially increasing the ability of blood to absorb, transport and deliver oxygen, in particular through perfluorination, the use of efaprocyral (RSR13) and modified hemoglobin-based products (for example, hemoglobin-based blood substitutes, hemoglobin products in microcapsules) and other methods.
M2. CHEMICAL AND PHYSICAL MANIPULATIONS
1. It is prohibited to falsify or attempt to falsify in order to violate the integrity and authenticity of samples taken during doping control. This may include, for example, catheterization, replacement, and/or urine modification. 2. Intravenous infusion is prohibited. In the case of an acute medical situation, when the use of this method is considered necessary, retroactive permission for therapeutic use will be required.
M3. GENE DOPING
Non-therapeutic use of cells, genes, gene elements, or modulations of gene expression that can improve athletic performance is prohibited.
SUBSTANCES AND METHODS PROHIBITED IN COMPETITIONS
In addition to the categories listed in sections S1-S5 and M1-M3 above, the following categories are prohibited during the competition:
PROHIBITED SUBSTANCES
S6. STIMULANTS
All stimulants are prohibited, including, where appropriate, both their optical isomers (D- and L-), with the exception of topical imidazole derivatives and stimulants included in the 2008 Monitoring Program*.
Stimulants include:
adrafinil, epinephrine**, amphepramone, amifenazole, amphetamine, amphetaminyl, benzphetamine, benzalpiperazine, bromantane, katine***, clobenzorex, cocaine, cropropamide, crotetamide, cyclazodone, dimethylamphetamine, ephedrine****, ethamivan, ethylamphetamine, ethylephrine, famprophazone, fenbutrazate, fencamphamine, fencamine, phenethylline, fenfluramine, phenproporex, furfenorex, heptaminol, isomethepten, levmethamphetamine, meclofenoxate, mefenorex, mefentermine, mesocarb, methamphetamine (D-), methylenedioxyamphetamine, methylenedioxymethamphetamine, p-methylamphetamine, methylephedrine***, methylphenidate, modafinil, nicetamide, norfepephrine, norfenfluramine, octopamine, ortetamine, oxilofrine, parahydroxyamphetamine, pemoline, pentetrazole, fendimetrazine, phenmetrazine, phenpromethamine, phentermine, 4-phenylpiracetam (carphedone), prolintane, propylhexedrine, selegiline, sibutramine, strychnine, tuaminoheptan and other substances with similar structure or similar biological properties effects.
* The following substances included in the 2008 Monitoring Program (bupropion, caffeine, phenylephrine, phenylpropanolamine, pipradol, pseudoephedrine, synephrine) are not considered prohibited substances. ** Epinephrine contained in drugs for local anesthesia or for topical use (for example, nasal, ophthalmic) is not prohibited. *** Katin is prohibited if its urine content exceeds 5 micrograms per milliliter. **** Ephedrine and methylephedrine are prohibited if the content of each of them in urine exceeds 10 micrograms per milliliter.
A stimulant not directly listed in this section as an example is considered a special substance only if it is determined that the use of this substance by an athlete can be considered an unintentional anti-doping rule violation due to its general availability in medical products or due to its questionable ability to influence athletic performance.
S7. DRUGS
The following drugs are prohibited: buprenorphine, dextromoramide, diamorphine (heroin), fentanyl and its derivatives, hydromorphone, methadone, morphine, oxycodone, oxymorphone, pentazocine, pethidine.
S8. CANNABINOIDS
Cannabinoids (e.g. hashish, marijuana) are prohibited.
S9. GLUCOCORTICOSTEROIDS
The use of glucocorticosteroids is prohibited by oral, rectal, intravenous or intramuscular administration. Their use requires permission for therapeutic use. For other methods of their use (intra-articular/circumarticular/ circumcutaneous/epidural/intradermal or inhalation injections), permission for therapeutic use is required under a simplified procedure, with the exception of the cases listed below. Topical preparations for dermatological (including iontophoresis/phonophoresis), ear, nasal, ophthalmic, gum, anal and oral disorders are not prohibited and do not require any form of permission for therapeutic use.
SUBSTANCES PROHIBITED IN CERTAIN SPORTS
P1. ALCOHOL
Alcohol (ethanol) is prohibited only in competitions in the following sports. It is detected by analyzing the breath and/or blood. The threshold (values of hematological parameters), exceeding which means an anti-doping rule violation, is indicated for each federation in parentheses.
* Aeronautics (FAI) (0.20 grams/liter) * Archery (FITA, IPC) (0.10 grams/liter) * Motor Sport (FIA) (0.10 grams/liter) * Petanque (IPC) (0.10 grams/liter) * Karate (WKF) (0.10 grams/liter) * Modern Pentathlon (UIPM) * for disciplines including shooting (0.10 grams/liter) * Motorsport (FIA) (0.10 grams/liter) * Water Motor Sport (UIM) (0.30 grams/liter)
P2. BETA BLOCKERS
Unless otherwise stated, beta blockers are prohibited only in competitions in the following sports:
* Aeronautics (FAI) * Archery (FITA, IPC) (also prohibited outside of competitions) * Motor Sports (FIA) * Billiards (WCBS) * Bobsleigh (FIBT) * Petanque (CMSB, IPC) * Bridge (FMB) * Curling (WCF) * Gymnastics (FIG) * Motorsport (FIM) * Modern Pentathlon (UIPM) for disciplines including shooting * Bowling (FIQ) * Water Motor Sport (UIM) * Sailing (ISAF) (match racing only) * Shooting (ISSF, IPC) (also prohibited outside of competition) * Skiing/Snowboarding (FIS) (ski jumping, freestyle skiing)/halfpipe and halfpipe snowboarding/big air) * Wrestling (FILA)
Beta blockers include (the list is not exhaustive):
acebutolol, alprenolol, atenolol, betaxolol, bisoprolol, bunolol, carteolol, carvediol, celiprolol, esmolol, labetalol, levobunolol, metipranolol, metoprolol, nadolol, oxprenolol, pindolol, propanolol, sotalol, timolol.
SPECIAL SUBSTANCES*
"Special substances"* include the following: * all beta-2 agonists in the form of inhalations, with the exception of salbutamol (free plus glucuronide) at a concentration of more than 1,000 ng/ml and clenbuterol (listed in section S 1.2: Other anabolic agents); * alpha-reductase inhibitors, probenecid; * katine, cropropamide, crotetamide, ephedrine, ethamivan, famprophazone, heptaminol, isomethepten, levmethanphetamine, meclofenoxate, p-methylamphetamine, metalephedrine, niketamide, norfenephrine, octopamine, ortetamine, oxilofrine, phenpromethamine, propylhexedrine, selegiline, sibutramine, tuaminoheptan and any other stimulants that are not specifically listed in section S6 and in for which it has been established that the athlete's condition meets the conditions described in section S6; * cannabinoids; * all glucocorticosteroids; * alcohol; * all beta blockers.
* "Special substances may be specifically designated in the Prohibited List, the use of which may be considered unintentional due to their general availability or questionable ability to influence athletic performance." An anti-doping rule violation resulting from the use of these substances may be punishable by less severe sanctions if it is established that "the Athlete did not use this substance to improve his athletic performance."
ANNEX II
STANDARDS FOR GRANTING THERAPEUTIC USE PERMITS
Extract from a document
"INTERNATIONAL STANDARDS FOR THE THERAPEUTIC USE OF PROHIBITED SUBSTANCES" World Anti-Doping Agency (WADA); effective from January 1, 2005
4.0 Criteria for granting therapeutic use permits
An Athlete may be granted permission for the therapeutic use of a Prohibited Substance or Prohibited Method included in the Prohibited List. The application for a TUE permit is reviewed by the Committee for the Issuance of Therapeutic Use Permits (TUE). The CTI will be appointed by the anti-doping organization. Such permits will be issued in strict accordance with the following criteria:
[Note: This standard applies to all athletes as prescribed by the Code, for example, athletes with full physical capabilities and athletes with disabilities. This standard will be applied according to individual circumstances. For example, a permit issued to an athlete with physical disabilities may not be issued to others].
4.1 The application for a TUE is submitted by the athlete at least 21 days before his participation in the sporting event. 4.2 An Athlete will experience a significant deterioration in his or her health if he or she is unable to use a prohibited substance or method during the treatment of an acute or chronic illness. 4.3 The therapeutic use of a prohibited substance or method will not lead to an additional improvement in athletic performance, other than the expected improvement associated with a return to normal health under the influence of the therapeutic effect of the use of this substance. The use of any prohibited substance or method to increase the "lowered" level of endogenous hormones cannot be considered an acceptable therapeutic intervention. 4.4 There is no reasonable therapeutic alternative to the use of a prohibited substance or method. 4.5 The need to use a prohibited substance or method cannot be the result of previous non-therapeutic use of a Prohibited Substance. 4.6 A TUE permit is revoked by the issuing authority if: (a) the Athlete does not immediately comply with any requirements of the anti-doping organization that issued the TUE; (b) the period during which the TUE is valid has expired; (c) the Athlete is notified that the TUE has been revoked by the anti-doping organization.
[Note: Each specific TUE permit will have a clearly defined validity period, set by the corresponding TUE. There may be cases where a TUE permit has expired or the permit has been revoked, but the prohibited substance that was authorized for TUE purposes is still present in the athlete's body. In these cases, the anti-doping organization conducting the initial examination of the adverse analytical finding considers whether such a result is consistent with the expiration of the permit or the withdrawal of the TUE.
4.7 An application for a TUE permit will not be considered for approval retroactively, except in the following cases: (a) the need for urgent medical care or treatment in case of a sharp deterioration in health; (b) the applicant's lack of sufficient time or opportunity due to exceptional circumstances to submit an application, and the CTI to review the application before conducting doping control.
[Note: The need for urgent medical care using prohibited substances or methods, or the need for treatment in case of a sharp deterioration in health before a TUE permit can be obtained, is quite rare. Circumstances requiring a simplified procedure for applying for a TUE permit also do not arise very often. However, anti-doping organizations responsible for issuing TUE permits should develop internal procedures that determine how to act in such circumstances. ]
5.0 Confidentiality of information 5.1 The applicant must give written consent to transfer all necessary information related to the application to the members of the CTI and, if necessary, to other independent medical or scientific experts, as well as to all employees involved in handling, reviewing or appealing the application for a TUE. If the involvement of independent experts from outside is required, all the details of the application will be sent without mentioning the name of the athlete and his attending physician. In addition, the applicant, in accordance with the provisions of the Code, must give written consent to transfer the decision of the CTI made on his application to other relevant anti-doping organizations. 5.2 The members of the CTI and the administration of the anti-doping organization leading the case will strictly observe the principles of confidentiality in all their activities. All CTI members, as well as all related employees, will sign confidentiality agreements. In particular, they must maintain confidentiality regarding the following information:: (a) any medical information and data provided by the Athlete and his doctor/doctors; (b) any details of the application, including the name and surname of the doctor/doctors involved in the process. If the Athlete wishes to deny CTI or CTI WADA the right to receive any health information from himself then he must notify his doctor in writing. As a result of this decision, the Athlete does not receive a TUE permit or a renewal of an existing TUE permit. 6.0 Therapeutic Use Authorization Committees (TUES) TUE permit committees are established and operate in accordance with the following principles: 6.1 The CTI should have at least three doctors with experience in sports and treating athletes, as well as having in-depth knowledge in the field of clinical, sports medicine and medical monitoring of training loads. To ensure a certain level of independence in decision-making, CTI members should not be bound by any official duties within the anti-doping organization. All CTI members will sign an agreement to avoid conflicts of interest. To consider applications from athletes with disabilities, at least one CTI member must have experience in the treatment and medical care of athletes with disabilities. 6.2 The CTI may request from external sources any medical or scientific expertise that it deems necessary to review the circumstances surrounding each specific TUE application. 6.3 The membership of the WADA CTI is determined in accordance with the criteria set out in Article 6.1. The WADA CTI is established to review, on its own initiative, decisions regarding the granting of anti-doping organizations grant TUE permits. In accordance with Article 4.4 of the CTI Code, WADA, at the request of any Athlete who has been denied a therapeutic use exemption by an anti-doping organization, may review such decisions with the authority to review them. 7.0 Procedure for Applying for a Therapeutic Use Exemption (TUE) 7.1 An application for a TUE is considered only upon receipt of a completed form the application, to which all relevant documents must be attached (see Appendix 1 - The application form for a TUE permit). The application procedure should be conducted in accordance with the principles of strict medical confidentiality. 7.2 The TUE Application form(s) listed in Appendix 1 may be amended by Anti-doping organizations to include additional requests for information, but no sections or paragraphs may be removed from them. 7.3 The TUE Application Form(s) may be translated by the Anti-doping organization into other languages, but the English or French texts must remain on the application form(s). 7.4 An Athlete may not apply for a TUE to more than one anti-Doping Organization. The application must specify the type of sport and, where appropriate, the sports discipline and the specific position or role of the athlete. 7.5 The application must list any previous and/or existing applications for permission to use a prohibited substance or prohibited method, name the authority to which they were submitted, and the decision of that authority on them. 7.6 The application must contain the complete medical record (medical history) of the athlete and the results of all examinations, laboratory tests and examination of medical images relevant to this application. 7.7 Any relevant additional examinations, analyses or examination of medical images requested by the CTI of the anti-doping organization shall be carried out at the expense of the person submitting the application or his governing national sports organization. 7.8 The Application must contain an opinion from an appropriately qualified physician confirming the need to use a prohibited substance or prohibited method to treat the Athlete; it must also indicate why alternative, non-prohibited medical products cannot or could not be used to treat the Athlete. 7.9 The application must specify the dosage, frequency, method and duration of use of the prohibited substance or method requested. 7.10 The decisions of the CTI are made within 30 days from the date of receipt of the relevant information and are communicated to the Athlete in writing through the relevant anti-doping organization. If a TUE is granted to an Athlete through the registered testing pool of an anti-doping organization, the Athlete and WADA will be immediately notified of the approval of the application, while providing them with information regarding the validity of the TUE and any conditions related to the TUE. 7.11 (a) In accordance with Article 4.4 of the Code, upon receiving a request from an Athlete for a review of a TUE decision, WADA will have the opportunity to review an anti-doping organization's decision to grant a TUE. The Athlete provides the TUE to WADA with all information regarding the TUE authorization that was originally submitted to the anti-doping organization, along with payment for application review services. The original decision remains in force until the review process is completed. The duration of the procedure for reviewing the said request should not exceed 30 days from the date of receipt by WADA of the relevant information. (b) WADA may conduct a review at any time. WADA's CTI completes its review within 30 days. 7.12 If the decision to grant a TUE is subject to review based on the results of consideration of the specified request, such decision on review is not retroactive, and the results shown by the athlete during the period of validity of the TUE are not subject to cancellation, and the decision on such review takes effect no later than 14 days from the date of notification of the athlete. 8.0 Simplified Procedure (UP) for applying for a TUE 8.1 It is known that some substances included in the Prohibited List are used to treat common diseases in athletes. In such cases, it is not necessary to go through the full TUE application procedure in accordance with Sections 4 and 7. A simplified TUE application procedure is specifically introduced for this purpose. 8.2 This simplified procedure can only be applied to TUES of the following prohibited substances or methods: beta-2 agonists (formoterol, salbutamol, salmeterol and terbutaline) in the form of inhalations, as well as glucocorticosteroids with non-systemic use. 8.3 In order to use one of the substances listed above, the Athlete submits to the anti-doping organization a medical certificate confirming the need for therapeutic use of such a substance. The medical certificate given in Appendix 2 indicates the diagnosis, name of the drug, dosage, method and duration of its use. Where appropriate, it should include any tests performed to establish a diagnosis (without specifying the actual results or details). 8.4 The simplified procedure includes: (a) subject to the effectiveness of the simplified procedure, the anti-doping organization's authorization for the use of a prohibited substance upon receipt of a certificate containing all the required information. A certificate that does not contain all the required information is returned to the Applicant; (b) immediate notification by the Athlete's anti-doping organization of receipt of a certificate containing all the required information, as well as, respectively, to the International federation, the National Federation and the National anti-doping organization. The Anti-Doping Organization notifies WADA of this only in cases involving athletes at international level; (c) a certificate submitted by an athlete under a simplified procedure is not considered retroactively, except in the following cases: - the need to provide urgent medical care or treatment in case of a sharp deterioration in health; - due to exceptional circumstances, the applicant does not have sufficient time or opportunity to submit an application, and the CTI does not receive an application before conducting doping control. 8.5 (a) CTI or WADA's CTI may review a decision made under the Simplified Procedure at any time; (b) if an Athlete requests WADA's CTI to review a refusal to grant a TUE under the Simplified procedure, WADA's CTI may request additional medical information from the Athlete that it deems necessary, and All related expenses are borne by the athlete. 8.6 CTI or WADA's CTI may revoke a TUE permit at any time under a simplified procedure. The Athlete, his International Federation and all relevant anti-doping organizations are immediately informed about this. 8.7 The cancellation of the TUE granted under the UP takes effect immediately after the Athlete is notified of such a decision. However, the Athlete will have the right to apply for a TUE in accordance with Section 7. 9.0 Information Center 9.1 Anti-Doping Organizations are requested to make available to WADA all their decisions on TUE authorizations, as well as all supporting documentation issued in accordance with Section 7. 9.2 With respect to TUE permits issued under the UP, anti-doping organizations make available to WADA medical certificates submitted by international athletes in accordance with Section 8.4. 9.3 The Information Center guarantees strict confidentiality of all medical information.
Done in Paris on November eighteenth, 2005, in two authentic copies, which are signed by the President of the 33rd session of the General Conference and the Director-General of UNESCO and are deposited in the UNESCO archives.
The above text is the original text of the Convention, duly adopted by the UNESCO General Conference at its 33rd session, which was held in Paris and declared closed on the twenty-first of October 2005.
IN WITNESS WHEREOF, this Convention was signed on November eighteenth, 2005.
Chairman of the General Conference Director General
I hereby certify that this text is a certified copy of the certified copy of the International Convention against Doping in Sport, done in Paris on October 19, 2005.
Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan N. Sakenov
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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