Ministers' Deputies
    Notes on the Agenda

    CM/Notes/849/8.1 15 July 2003
    ———————————————

    849 Meeting, 16 July 2003
    8 Youth and Sport


    8.1 Council of Europe and the World Anti-Doping Agency (WADA)

    Conclusions of the ad hoc consultation meeting of the Parties to the European Cultural Convention (Strasbourg, 30 April 2003)

    Reference documents
    CM/Del/Dec(2003)844/8.1 and 848/8.1

    CM(2003)77
    CM/Notes/844/8.1 Addendum 1 and 2
    CM/Notes/848/8.1

    ———————————————

    Action

    To adopt the draft decisions with regard to the general terms of reference of the two members designated by the Council of Europe of the Foundation Board of the World Anti-Doping Agency (WADA) and with regard to a future Forum for the coordination of positions on questions relating to WADA.

    1. At their 833rd meeting on 26 March 2003, the Ministers Deputies adopted the following decision:

    “The Deputies invited the Secretary General to make an ad hoc consultation of the parties to the European Cultural Convention represented at the meeting of the Monitoring Group of the Anti-Doping Convention on 29 and 30 April 2003 requesting delegations:

    i. to make proposals for designating the members to fill the two seats to be appointed by the Committee of Ministers of the Council of Europe to the World Anti-Doping Agency's Foundation Board, having regard to the conclusions of the 16th Informal Conference of European Ministers responsible for Sport (Warsaw, 2002), and in the light of the considerations set out in the Appendix to document GR-C(2003)8, to prepare general draft terms of reference for them;

    ii. to make proposals to the Committee of Ministers on ways in which they could act in the future as a forum for the coordination of the positions of all parties to the European Cultural Convention, with regard to questions relating to the World Anti-Doping Agency (WADA).”

    2. The ad hoc consultation of the parties to the European Cultural Convention took place on 30 April 2003 in Strasbourg. 32 delegations were present at the opening of the meeting1. The report of the ad hoc Consultation meeting is available in the document CM(2003)77.

    3. The conclusions of the meeting, as set out in Appendix III of the meeting report, were adopted unanimously by the participants.

    4. Further to the noticing of the lack of quorum at the moment of the adoption of the reply to the Committee of Ministers, the Secretariat carried out a written consultation of all Parties to the European Cultural Convention.

    5. Two delegations sent comments/remarks on the report and conclusions of the meeting within the agreed deadline. These comments/remarks are included in the report of the meeting. On 30 May, the Secretariat distributed to delegations a Legal Opinion on the status of the meeting report.

    6. Two delegations submitted amendments to the draft decisions in writing (see the Addenda to CM/Notes/844/8.1). These amendments appear in the text below on a grey background.2

    7. At their 848th meeting (item 8.1), the Deputies adopted decisions with regard to the procedure for the designation of the two members of the Foundation Board of WADA appointed by the Council of Europe.

    8. Subsequently the Austrian delegation submitted comments on the draft terms of reference for the European Coordination Forum for the WADA. They are reproduced in Appendix 3.

    Financing assured: YES

    DRAFT DECISIONS

    849th meeting – 16 July 2003

    Item 8.1

    Council of Europe and the World Anti-Doping Agency (WADA)
    Conclusions of the ad hoc consultation meeting of the Parties to the European Cultural Convention (Strasbourg, 30 April 2003)

    (CM/Del/Dec(2003)844/8.1 and 848/8.1, CM(2003)77, CM/Notes/844/8.1 Addendum 1 and 2 and CM/Notes/848/8.1)

    Decisions

    A) With regard to the general terms of reference for the two members of the WADA Foundation Board appointed by the Council of Europe,

    The Deputies adopted the general terms of reference for the two members of the WADA Foundation Board appointed by the Council of Europe as they appear in appendix … to the present volume of Decisions. <See Appendix 1 to these Notes>

    B) With regard to a future forum for the coordination of positions on questions relating to WADA,

    The Deputies, under the terms of Article 17 of the Statute of the Council of Europe,

    i) set up the European Coordination Forum for the World Anti-Doping Agency (WADA) as an ad hoc Committee of Experts;

    ii) invited the Secretary General to convene meetings of the Forum on a regular basis, immediately before or after the meetings of the Monitoring Group of the Anti-Doping Convention, for the coordination of parties to the European Cultural Convention with regard to questions relating to the World Anti-Doping Agency (WADA);

    iii) adopted Decision No. CM/…/… assigning ad hoc terms of reference to the European Coordination Forum for the World Anti-Doping Agency (WADA), asking it to coordinate the positions of all parties to the European Cultural Convention with regard to questions relating to the World Anti-Doping Agency (WADA), as it appears at Appendix … to the present volume of Decisions. <See Appendix 2 to these Notes>

    C) With regard to the coordination of the representatives of Europe's region on the WADA Foundation Board,

    The Deputies decided to propose that this item be included on the agenda of a forthcoming high-level meeting between the Council of Europe and the European Union.*

    Appendix 1

    Draft General Terms of Reference
    for Council of Europe appointed members of the Foundation Board
    of the World Anti-Doping Agency (WADA)

    Guiding Principles for WADA Foundation Board members appointed by the Council of Europe:

    - to implement the decisions of the Committee of Ministers and of the European Coordination Forum on the World Anti-Doping Agency (WADA) on the Agency's policies and business;(

    [- to follow the opinions expressed by the European Coordination Forum for WADA on budgetary issues in connection with the Agency;]*

    [or alternatively]

    [- to comply with the decisions of the Committee of Ministers on budgetary questions in connection with the Agency;]∆

    - to take account of the work of the Council of Europe on doping in sport, as expressed in the relevant decisions of the Committee of Ministers and of the Monitoring Group of the Anti-Doping Convention;

    - to report on the conclusions and decisions of the Foundation Board to the Committee of Ministers' Rapporteur Group on Education, Culture, Sport, Youth and Environment, to the European Coordination Forum on the World Anti-Doping Agency (WADA), and to the Monitoring Group.

    - to strive to keep the Agency as independent, transparent and accountable as possible;

    - to promote the general policy of the Council of Europe and the principles underlying its work, notably on human rights, bioethics and gender equality, in the work of the Agency and in the composition of its organs;

    Appendix 2

    Draft Terms of reference for the European Coordination Forum
    for the World Anti-Doping Agency

    Terms of reference

    1. Name of Committee: European Coordination Forum for the World Anti-Doping Agency (WADA)

    2. Type of committee: Ad hoc committee of experts

    3. Source of terms of reference: Committee of Ministers

    4. Terms of reference:

    4.1 Under the authority of the Committee of Ministers and in the framework of the European Cultural Convention, the European Coordination Forum shall be responsible for the coordination of the positions of all parties to the European Cultural Convention, with regard to questions relating to the World Anti-Doping Agency (WADA).

    4.2 In particular, the Forum should:

    a. discuss questions concerning the relations between the Council of Europe and its member states and the World Anti-Doping Agency (WADA), and prepare, whenever possible, a common position on such questions;

    b. to prepare opinions for the Council of Europe-appointed members on the WADA Foundation Board on such questions, including budgetary aspects;*

    c. keep under review the general terms of reference of WADA Foundation Board members appointed by the Council of Europe.

    5. Membership:

    5.1 Members of the Forum shall be the parties to the European Cultural Convention.

    5.2 Each party to the Convention shall nominate as delegate to the Forum a high ranking official from the national ministry or relevant public authority responsible for doping in sport. Additional national governmental or non-governmental experts may be appointed.

    5.3 The representatives of the Europe region to the WADA Foundation Board and Executive Committee will be invited to participate in meetings of the Forum. D*

    5.4 The Parliamentary Assembly may be represented at meetings of the Forum.*

    5.5 The European Commission will be invited to meetings of the Forum as an observer.

    5.6 The Forum may invite the World Anti-Doping Agency (WADA) to be represented at any of its meetings by an observer.

    6. Working structures and methods:

    6.1 Ordinary meetings of the Forum will be convened immediately before or after the meetings of the Monitoring Group of the Anti-Doping Convention. Additional meetings may be convened by the Secretary General.

    6.2 Each party to the European Cultural Convention shall have one vote.

    6.3 The Forum will adopt its own Rules of Procedure bearing in mind the basic principles of Resolution (76) 3. Until such time as the Forum adopts its own Rules of Procedure, the Rules of Procedure of the Monitoring Group will apply mutatis mutandis.

    6.4 Members and observers to the Forum will bear their own travel and subsistence expenses.

    7. Duration:

    These terms of reference will be reviewed before the end of 2005.

    Appendix 3

    Strasbourg, July 10th, 2003

    E-Mail

    N° 4.11.2/14-2003

    Reference: Council of Europe and the World Anti-Doping Agency; Conclusions
    of the ad-hoc consultation meeting of the parties to the European Cultural Convention (Strasbourg, April 30th, 2003); Amendments by
    the French and Swiss delegations

    Dear Mr. Davies

    I should like to inform you that Austria is not in a position to accept the proposals made by Switzerland as to § 5.3 and § 5.4 of the Draft Terms of reference for the European Co-ordination Forum for the World Anti Doping Agency as contained in document CM/Notes(2003)844/8.1 Addendum of June 16th, 2003. The Austrian authorities are convinced that the membership to the European Co-ordination Forum for the World Anti Doping Agency should not be limited to representatives of the Europe region only. Therefore, Austria strongly advocates to keep the original formulation as contained in document CM(2003) 77 Appendix 2 of May 21st, 2003.3

    Furthermore, Austria would like the original formulation of § 5.4 to be kept. As to the other proposals of the Swiss delegation and as to the proposals of the French Delegation as contained in document CM/Notes/844/8.1 Addendum 2 of June 19th, 2003 Austria can go along with them.

    I should be grateful to you, dear Mr. Davies, if you could circulate the Austrian position on the membership to the European Co-ordination Forum at the 849 meeting of the Ministers Deputies on July 16th, 2003.

    Aurel SAUPE
    Ambassador

    Mr. Leonard G. DAVIES
    Committee of Ministers
    Council of Europe
    67000 Strasbourg

Note 1 Austria, Azerbaijan, Belarus, Bosnia and Herzegovina, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Holy See, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovakia, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom.
Note 2 Given that the Deputies did not have enough time to consult their authorities on these amendments, the Deputies agreed at their 844th meeting (19 June 2003, item 8.1) to resume consideration of the item at their 845th meeting (2 July 2003).
Note * Swiss amendment
Note ( French amendment
Note 3 [5.3 WADA Foundation Board and Executive Committee members appointed by the Council of Europe will be invited to meetings of the Forum.
Note 5.4 The Parliamentary Assembly may attend meetings of the Forum.]


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