Decreto n.º 4-A/2007

TEXTO :

Decreto n.º 4-A/2007

de 20 de Março

Considerando a importância de harmonizar os esforços colocados na luta contra a dopagem, bem como de estabelecer um quadro jurídico que permita aos Estados dispor dos meios e medidas para erradicar a dopagem do desporto;

Considerando que a Convenção Internacional contra a Dopagem no Desporto e os seus anexos foram adoptados por unanimidade:

Assim:

Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova a Convenção Internacional contra a Dopagem no Desporto e seus anexos I e II, adoptados pela 33.ª sessão da Conferência Geral da UNESCO em 19 de Outubro de 2005, cujo texto na versão autenticada na língua inglesa bem como a respectiva tradução para a língua portuguesa se publicam em anexo.

Visto e aprovado em Conselho de Ministros de 25 de Janeiro de 2007. - José Sócrates Carvalho Pinto de Sousa - Manuel Lobo Antunes - Manuel Pedro Cunha da Silva Pereira.

Assinado em 7 de Fevereiro de 2007.

Publique-se.

O Presidente da República, ANÍBAL CAVACO SILVA.

Referendado em 9 de Fevereiro de 2007.

O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.

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 instruments relating to human rights,

Aware of resolution 58/5 adopted by the General 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 promoting international understanding 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 elimination of cheating and the future of sport,

Mindful that doping puts at risk the ethical principles and educational values embodied in the International Charter of Physical Education and Sport of UNESCO and in the Olympic Charter,

Recalling that the Anti-Doping Convention and its Additional Protocol adopted within the framework of the Council of Europe are the public international law tools which are at the origin of national anti-doping policies and of intergovernmental cooperation,

Recalling the recommendations on doping adopted by the second, third and fourth International Conferences of Ministers and Senior Officials 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 elite athletes have on youth,

Aware of the ongoing need to conduct and promote research with the objectives of improving detection of doping and better understanding 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,

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 sport, 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 and 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 sport is dependent in part upon progressive harmonization of anti-doping standards and practices in sport and cooperation at the national and global levels,

Adopts this Convention on this nineteenth day of October 2005.

I - Scope

Article 1

Purpose of the Convention

The purpose of this Convention, within the framework 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 provisions of the Convention 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" means an entity that is responsible for adopting rules for initiating, implementing or enforcing any part of the doping control process. This includes, for example, the International Olympic Committee, the International Paralympic Committee, other major event organizations that conduct testing at their events, the World Anti-Doping Agency, international federations and national anti-doping organizations.

3 - "Anti-doping rule violation" in sport means one or more of the following:

4 - "Athlete" means, for the purposes of doping control, any person who participates in sport at the international or national level as defined by each national anti-doping organization and accepted by States Parties and any additional person who participates in a sport or event at a lower level accepted by States Parties. For the purposes of education and training programmes, "athlete" means any person who participates in sport under the authority of a sports organization.

5 - "Athlete support personnel" means any coach, trainer, manager, agent, team staff, official, medical or paramedical personnel working with or treating athletes participating in or preparing for sports competition.

6 - "Code" means the World Anti-Doping Code adopted by the World Anti-Doping Agency on 5 March 2003 at Copenhagen which 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 including test distribution planning, sample collection and handling, laboratory analysis, results management, hearings and appeals.

9 - "Doping in sport" means the occurrence 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 purposes of differentiating between in-competition and out-of-competition testing, unless provided otherwise in the rules of an international federation or other relevant anti-doping organization, a test where an athlete is selected for testing in connection with a specific competition.

12 - "International Standard for Laboratories" means the standard which is attached as Appendix 2 to this Convention.

13 - "International Standard for Testing" means the standard which is attached as Appendix 3 to this Convention.

14 - "No advance notice" means a doping control 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 International Olympic Committee, namely the international federations of sports on the programme of the Olympic Games, the National Olympic Committees, the Organizing Committees of the Olympic Games, athletes, judges and referees, associations and 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 list 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 those standards that appear in Annex II to this Convention.

22 - "Testing" means the parts of the doping control 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) means the foundation so named established under Swiss law on 10 November 1999.

Article 3

Means to achieve the purpose of the Convention

In order to achieve the purpose of the Convention, States Parties undertake to:

Article 4

Relationship of the Convention to the Code

1 - In order to coordinate the implementation, at the national and international levels, of the fight against doping in sport, States 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 Parties 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 Convention. The Appendices as such do not create any binding obligations under international 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 this Convention, each State Party undertakes to adopt appropriate measures. Such measures may include legislation, regulation, policies or administrative practices.

Article 6

Relationship to other international instruments

This Convention shall not alter the rights and obligations of States Parties which arise from other agreements previously concluded and consistent with the object and purpose of this Convention. This does not affect the enjoyment by other States Parties 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 present Convention, notably through domestic coordination. To meet their obligations under this Convention, States Parties may rely on anti-doping organizations as well as sports authorities and organizations.

Article 8

Restricting the availability and use in sport of prohibited substances and methods

1 - States Parties shall, where appropriate, adopt measures to restrict the availability of prohibited substances and methods in order to restrict their use in sport by athletes, unless the use is based upon a therapeutic use exemption. These include measures against trafficking to athletes and, to this end, measures to control production, movement, importation, distribution and sale.

2 - States Parties shall adopt, or encourage, where appropriate, the relevant entities within their jurisdictions to adopt measures to prevent and to restrict the use and possession of 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 Convention will impede the availability for legitimate purposes of substances and methods otherwise prohibited or controlled in sport.

Article 9

Measures against athlete support personnel

States Parties shall themselves take measures or encourage sports organizations and anti-doping organizations to adopt measures, including 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 appropriate, shall encourage producers and 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:

Article 12

Measures to facilitate doping control

States Parties shall, where appropriate:

III - International cooperation

Article 13

Cooperation between anti-doping organizations and sports organizations

States Parties shall encourage cooperation between anti-doping organizations, public authorities and sports organizations within their jurisdiction and those within the jurisdiction of other States Parties in order to achieve, at the international level, the purpose of this Convention.

Article 14