Communication from the Commission to the Council, the European parliament, the Economic and Social Committee and the Committee of the regions - Community support plan to combat doping in sport

• Celex Number: 51999DC0643
• End of Effective Date: 31 December 9999
• Date: 01 December 1999
• Published date: 01 December 1999

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Communication from the Commission to the Council, the European parliament, the Economic and Social Committee and the Committee of the regions - Community support plan to combat doping in sport /* COM/99/0643 final */

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS - Community support plan to combat doping in sport

TABLE OF CONTENTS

1. Introduction

2. Why doping has proliferated

3. A three-pronged approach

4. Prioritise ethics, reinforce protection of sportspersons' health

5. Towards a new partnership: the World Anti-Doping Agency

6. Making the most of the Community instruments

7. Conclusion

Annex 1 Community instruments to combat doping in sport.

1. Intensify research into doping substances, detection methods and the health impact of doping

2. Enlist the education, vocational training and youth programmes in the service of information and training, awareness-raising and prevention as regards doping

3. Make the most of police and judicial cooperation programmes

4. Reinforce medicaments information

5. Develop actions relevant to public health policy

Annex 2 European Group on Ethics: "Opinion on the ethical aspects of the struggle against doping in sport".

Annex 3 Documents on the creation of the World Anti-Doping Agency.

1. Introduction

Doping has always been at variance with the basic principles of sports ethics. Today, in view of the proliferation of cases, the phenomenon of doping in sport no longer belongs within the strict framework of sports ethics but has also become a public health problem. In principle physical and sporting activity should contribute to improving the citizen's quality of life. However, the use of prohibited substances or medicaments abuse has adverse health effects and hence vitiates the very goal of sport. In the context of competitive sport, doping symbolises the contrast between sport and the values it has traditionally stood for, namely fair play and the idea of surpassing oneself through physical effort.

The multiplication of doping-related scandals in 1998 and their media repercussions triggered a prompt reaction on the part of the International Olympics Committee (IOC), which convened an international conference whose main goal was to create a world agency to combat this scourge.

In December 1998 the Vienna European Council expresses its concern with the scale of doping in sports and the severity of this practice, stressing the need for action at EU level. Subsequently, the ministers responsible for sport met on an informal basis [1] on three occasions in 1999 to discuss the doping problem.

[1] The three meetings were held in Bonn/Bad Godesberg (18 January 1999), Paderborn (1 and 2 June 1999) and Vierumäki in Finland (25 October 1999).

On 17 December 1998 the European Parliament adopted a resolution [2] in which it calls on the Commission to take into account the real dimension of the doping problem and to propose measures at Community level notably with a view to better coordination and complementarity between national and European measures and actions.

[2] Resolution on urgent measures to be taken against doping in sport, OJ C 98, 09/04/1999.

The Committee of the Regions also delivered an opinion on the "European Model of Sport" [3], which contains a chapter devoted to doping. The Committee emphasises "the need for coordination and harmonisation of national measures" and supports Parliament's call for "the presentation by the Commission of proposals designed to implement a harmonised public health policy with a view to combating doping".

[3] Opinion of the Committee of the Regions 37/99 fin of 16 September 1999.

Finally, it should be recalled that Europe has traditionally played a flagship role in combating doping, notably since the adoption on 16 November 1989 of the European Anti-doping Convention by the Council of Europe [4].

[4] Council of Europe - European Treaties - ETS No 135.

The purpose of this Communication is to present the measures taken by the Commission, as well as measures now being planned so as to accommodate the demands made by the other Community institutions and bodies in the field of combating doping.

2. Why doping has proliferated

The Commission is particularly concerned with the underlying causes of development of doping. Firstly, the nature of doping has changed. Today, doping - barring exceptional cases - is no longer an isolated act on the part of individual sportspersons, practised on the day of the competition. We are talking about systematic, organised methods at team level that exploit medical and pharmacological advances for unethical ends. For example, increasing use is being made of substances which make it possible to mask doping products in the event of analysis.

A major cause of the spread of doping is the over-commercialisation of sport. The recent explosion of television rights associated to big sponsoring contracts to cover major events has led to growing pressure on sportspersons and their entourage to use prohibited substances. This commercialisation and the economic and financial stakes involved have led to a proliferation of sports competitions and have curtailed sportspersons' recovery time, a factor which also shortens the professional's sporting life. Besides, there are the perverse effects of contracts between certain sports associations and their sponsors, with awards being granted on the basis of results or medals obtained by sportspersons who participate in major competitions. The athlete's general environment, from the coach or doctor to the team leader and his own relatives, may put additional pressure on the athlete.

Finally, a major part of this problem concerns young sportspersons. The lure of quick money, together with the economic operators' need to continuously "produce" celebrity sportspersons may to some degree explain the growing precociousness of sports careers.

Besides, the war on doping is a very good illustration of how Community action can contribute to reinforcing the endeavours made at various levels, notably at national level, and hence to responding to citizens' expectations, while respecting both the autonomy of the sports organisations and the subsidiarity principle. An effective war on doping cannot be conceived in exclusively national terms: in the increasingly internationalised world of sport it is important to ensure that the different countries adopt similar approaches in this area. The European Union can contribute by encouraging convergence between the different approaches and by making available the resources at its disposal to combat doping.

3. A three-pronged approach

The Commission has opted for a three-layer approach in this field:

- assemble the experts' opinions on the ethical, legal and scientific dimensions of doping; to this end the Commission has consulted the European Group on Ethics and invited it to deliver an opinion;

- contribute to preparing the World Anti-doping Conference and work together with the Olympic movement to create the World Anti-Doping Agency;

- mobilise Community instruments with a view to supplementing the actions already underway in the Member States and to vesting them with a Community dimension, taking account inter alia of the growing mobility of European sportspersons and the Community's competences relevant to the field of doping.

The European Community helps combat doping in many ways. Actions in this area come within the direct or indirect remit of research, youth, education and training policies and programmes. Moreover, the differences in anti-doping legislation between Member States may constitute a barrier to the free movement of professional and amateur sportspersons. Doping also concerns competences in the field of justice and home affairs, notably police and judicial cooperation. Finally, Article 152 of the Treaty (public health) provides for encouraging measures to protect and improve public health, although harmonisation of the Member States' laws and regulations is ruled out.

4. Prioritise ethics, reinforce protection of sportspersons' health

The first strand of the Community action corresponds to the follow-up to the opinion of the European Group on Ethics [5] (EGE). The Commission had requested the opinion of highly qualified European experts on doping. This is why it consulted the EGE in 1999, which delivered its opinion on 11 November (Annex 2).

[5] The European Group on Ethics was officially set up in 1991 at the initiative of President Delors. Following changes in 1998 it now consists of 12 members, all highly qualified European experts in different fields. The Group's mission is to deliver opinions for the Commission.

After proposing a definition of doping, the EGE recalled the ethical principles which must inspire all Community measures:

- everyone's right to safety and health. The EGE considers that sportspersons must be afforded these rights just like other categories of citizens;

- the principle of integrity and transparency, which requires that the fairness of sports competitions be ensured and the image of sports in general preserved;

- particular attention to be paid to the most vulnerable groups, in particular children, who may be closely involved in high-level sport;

Generally, the EGE highlights sportspersons' rights and the need to protect them against an environment which instigates them to take drugs. However, these rights also imply the need for sportspersons to comply with various moral and legal obligations as well as rules of professional conduct. The EGE has reiterated the fact that the war on doping is a shared responsibility of the sports associations and federations, sportspersons themselves, their medical and technical environments, and all other parties involved, especially public bodies.

On the basis of these ethical principles the EGE has proposed a number of measures. These include:

- the creation of an efficient...