Ministers’ Deputies
Notes on the Agenda

CM/Notes/957/8.1 17 February 20061
———————————————

957 Meeting, 1 March 2006
8 Youth and sport


8.1 Council of Europe and the World Anti-Doping Agency

(WADA) – Foundation Board

Reference documents
CM/Del/Dec(2003)848/8.1, 849/8.1, 859/8.2, (2006)952/1.1 and 954/8.1a, CM(2003)77, CM(2003)128

———————————————

Action

- To agree on the timetable for designating the two members of the WADA Foundation Board appointed by the Council of Europe.

- To adopt the revised general terms of reference for the members of the WADA Foundation Board appointed by the Council of Europe and extend their application to any office-holder or member representing the European region within the Executive Committee or the Foundation Board of WADA whose candidature has been supported by the Committee of Ministers.

- To establish a procedure for the possible designation of candidates representing European public authorities for positions of Chair or Vice-Chair of the WADA Foundation Board.

1. Designation of members of the Foundation Board

The Foundation Board of the World Anti-Doping Agency currently counts 18 representatives of the public authorities and 18 representatives of the Olympic Movement elected for a term of office of 3 years (with a maximum of 3 terms). Five seats of the Foundation Board are allocated to the European continent. Two of them are designated by the Council of Europe and three by the member States of the European Union.

With regard to the designation of the two members of the WADA Foundation Board by the Council of Europe for the period of 2003-2005, the Deputies adopted, at their 848th meeting on 10th July 2003, the following procedure:

”a. one of the seats [should] be occupied by the Secretary General or his representative at the highest possible level;

b. the other seat should be filled by a person at the highest possible level, elected by the Committee of Ministers (or, should an appropriate occasion arise in the future, by the Conference of European Ministers responsible for Sport) on the basis of candidatures submitted to the Secretary General by Sports Ministers from states party to the European Cultural Convention which fulfil the following criteria:

i. having paid its contribution to WADA for the years 2002 and 2003 and which have given a firm commitment to pay in 2004 and 2005;
ii. not a member of the European Union;
iii. being a party to the Anti-Doping Convention. […]”

c. this election will be valid for the term of office of the WADA Board members which comes to an end on 31 December 2005.

Following re-examination of this procedure during an informal meeting held on 13 January with all interested delegations under the Chairmanship of the Chair of GR-C, it is proposed to modify item a) of the procedure, so as to specify that “one of the seats will be filled by the Secretary General or the Deputy Secretary General”. It is also proposed to revise the wording of item b) in order to clarify the role of the conferences of Ministers responsible for Sport (see item 2 below).

On the basis of this modified procedure, the Secretariat proposes that the candidatures for the Foundation Board of the WADA for the period 2007-2009 be submitted to the Secretary General by 15 September 2006, and that the designation take place before the end of 2006.

The Deputies are invited to agree on the procedure and on its timetable. 

2. Clarification on the role of the Conference of European Ministers responsible for Sport and an additional criterion for the eligibility of the second representative for appointment to the Foundation Board

With regard to the procedure adopted by the Deputies at their 848th meeting on 10th July 2003, the Secretariat, including the Legal Affairs Department, considers that the role of the Conference of European Ministers responsible for Sport may be confusing: the wording of the decision could be interpreted in a way that the Committee of Ministers delegated a part of its competence to the Conference of Sport Ministers. This is not compliant with the principle of exclusive decision-making power of the Committee of Ministers.
Moreover, due to uncertainties regarding the future of the Conference of Ministers responsible for Sport, a more general formulation which may cover any ministerial meeting which would take place within a possible Agreement on Sport, is needed.

Consequently, the Secretariat proposes to specify that the role of the specialised Ministerial meeting may be to designate through the Secretary General a candidate who should be confirmed by the Committee of Ministers.

The Deputies are invited to clarify the role of the meeting of Ministers responsible for Sport as an advisory body.

Moreover, as mentioned above under item 1, some criteria were established by the Deputies at their 848th meeting. These criteria are intended to make sure that the states sending candidates are compliant with the basic international requirements regarding anti-doping policies.

For the future, it is relevant to add that for any appointment taking place after the Turin Winter Olympic Games (February 2006) a member state putting forward a candidate for the WADA Board should have expressed its commitment to support the WADA and the World Anti-Doping Code in accordance with the Copenhagen Declaration. Provision 2.4 of the Copenhagen Declaration specifies that Signatory States shall “Support a timely process leading to a convention or other obligation on points 3-8 below, to be implemented through instruments appropriate to the constitutional and administrative contexts of each government on or before the first day of the Turin Winter Olympic Games”. Points 3-8 of the Declaration include “Support to WADA”, “Support to the World Anti-Doping Code” and other provisions which are already covered in the Council of Europe Anti-Doping Convention.

This commitment may be formalised by the ratification of the UNESCO Anti-Doping Convention. Nonetheless, this condition is also fulfilled for those states which respect the provisions of this Convention but which have not yet been able to ratify this instrument due to constitutional procedures. Therefore, an additional criterion has been formulated in general terms. (see draft decisions 2and 3 below).

The Deputies are invited to endorse this additional criterion.

3. Extending the current governmental representative’s term of office for one year

It is recalled that Mr Fetisov, Minister of Sport of the Russian Federation, was appointed by the Committee of Ministers at its 859th meeting on 29 October 2003, in compliance with the above procedure. At the time when this decision was taken, it was expected that the two members of the Board would be appointed by the Council of Europe for the period 2003-2005. However, due to the Foundation Board’s decision to install a rolling renewal of Board members, in application of its Statutes, the representative of the Secretary General was appointed for the period of 2003-2005, and Minister Fetisov for the period of November 2003 to December 2006.

The Deputies are invited to take note that the end of Mr V. A. Fetisov’s term of office on the Foundation Board is 31 December 2006 and to thus extend his appointment until that date.

They should also note that, in compliance with the Board’s decision mentioned above, the next term of office of the Secretary General or his representative will be 2006-2008 and that of the Board member elected by the Committee of Ministers will be 2007-2009.

4. Possible designation of candidates representing European public authorities for the positions of Chair or Vice-Chair of the WADA Foundation Board

a. Present situation with regard to the Vice-Chair of the Foundation Board

The Chair and Vice-Chair of the WADA Foundation Board are elected by the latter for a three year term of office.2 The term of office of the present Chair, Mr R. W. Pound (Canada), appointed by the International Olympic Committee (IOC), is 2005-2007.

However, no Vice-Chair had been elected in the period 2000-2004. Minister B. Mikkelsen (Denmark) agreed to be designated by the 10th Conference of European Ministers responsible for Sport on 14 and 15 October 2004 as candidate to this position in an interim capacity. He was so elected at the Board’s meeting in November 2004 for a term of one year and the Deputies took note of this designation on 12 Janurary 2005. On 21 November 2005, the Foundation Board of WADA unanimously re-elected Minister B. Mikkelsen Vice-Chair for a further one year period.

The intention is to be able to keep the position of Vice-Chair available for a possible candidate from the public authorities who meets the requirements for possible election as Chair at the end of 2007. Discussions continue within the European Co-ordination Forum on WADA on a possible profile for such a Chair.

The Deputies are invited to take note of the election of Minister B. Mikkelsen (Denmark) as Vice Chair ad interim of WADA until the end of 2006.

b. Procedure proposal

There is an understanding between the public authorities and the Olympic Movement that if the Chair is from the Olympic side, the Vice-Chair should be from the Governmental side, and vice-versa. There is an expectation from the side of the public authorities that appointment to these posts should alternate between the two components of the WADA Board. It is to be anticipated therefore that the next Chair should be nominated from the side of the public authorities and there is a consensus amongst them to find and to propose a common candidate.

At present, the election of the Chair and Vice-Chair of the Foundation Board takes place within the Board and only members of the Board can be elected. The 18 Members of the Board representing public authorities are mostly Ministers. This provision might penalise ministerial Board members because of the national political situation. The Foundation Board is therefore considering a revision of its Statutes in order to allow the election of other personalities from outside the Foundation Board.

In order to facilitate the search for a possible candidate, the European Co-ordination Forum established in 2004 a draft profile for the Chair. This draft profile has been used to establish a draft profile at worldwide level by an informal working group of representatives of the public authorities to the Executive Committee from all continents. At its 5th meeting on 16 November 2005, the European Co-ordination Forum took note of this draft profile and agreed to use it in the search for candidates. However, it may be the case that the representatives of public authorities in other continents, who have not all been able to carry out consultations at regional level, wish to amend the profile. For this reason, discussions are under way with the other continents, and the European Co-ordination Forum may still have to modify the profile of the Chair. A report on this matter will be submitted to the 17th Informal Meeting of Ministers responsible for Sport and to the Committee of Ministers.

At the same meeting on 16 November 2005, the European Co-ordination Forum established a working party to support the election of the future Chair of WADA. This group will consult with a similar international group representing the five continents in order to ensure that the process for the identification of a candidate by public authorities reaches a consensus. The working party will also have to regularly inform and consult all the states represented on the European Co-ordination Forum, in the light of the progress made in its work.

This procedure will have to refer to the amendments to the Statutes of WADA which were proposed and supported by the European representatives in November 2005 and on which a decision will be taken in May 2006, namely:

- to enshrine in the Statutes of WADA the principle that the Chair of the Foundation Board should rotate between the Olympic Movement and the public authorities.

- to provide for the possibility of electing candidates who are not members of the WADA Foundation Board to the Chair and Vice-Chair.

- to add two extra seats on the Foundation Board so that the Chair or Vice-Chair do not hold seats of members of the Board assigned to a continent or an organisation.

With this in mind, the Secretariat proposes the following procedure and timetable to fill the position of Chair of the Foundation Board:

- The Committee of Ministers may approve a candidate as WADA Vice-Chair for 2007 with view to succeed to the Chair in November 2007;

- Such an approval will need to take place at the meeting of the Committee of Ministers following the 17th Informal Meeting of Ministers responsible for Sport (Moscow, 20-21 October 2006) and before the deadline set by WADA to submit such candidatures (usually early November).

- The preparation of a detailed procedure and a candidate profile in consultation with the other continents will be carried out by the European Co-ordination Forum.

The Deputies are invited to agree on the procedure and its timetable.

5. General terms of reference for the members of the WADA Foundation Board coming from the European region

At their 849th meeting (16 July 2003, item 8.1), the Deputies adopted general terms of reference for the WADA Foundation Board members designated by the Council of Europe to provide them with guidelines in their decision-making. At the time these terms of reference included neither reference to the European region’s members of the Executive Committee of the WADA Foundation Board nor to any Chair or Vice-Chair who might be elected to the Board from that region. With the election of candidates supported by the Committee of Ministers to the post of the Board’s Chair/Vice-Chair or Executive Committee members, it would be logical to extend the application of these general terms of reference to people in these positions, if they are filled by representatives from the European region. In the revised general terms of references in the Appendix to these Notes, the new paragraph is formatted in bold.

The Deputies are invited to adopt the revised general terms of reference as they appear in the Appendix to these Notes.

Financing assured: YES

DRAFT DECISIONS

957th meeting – 23 February and 1 March 2006

Item 8.1

Council of Europe and the World Anti-Doping Agency (WADA) – Foundation Board
(CM/Del/Dec(2003)848/8.1, 849/8.1, 859/8.2, (2006)952/1.1 and 954/8.1a, CM(2003)77, CM(2003)128)

Decisions

The Deputies

With regard to the two members of the WADA Foundation Board

1. took note that the appointment of Mr V. A. Fetisov as a second representative of the Council of Europe was valid for the period November 2003 to December 2006;

2. agreed that a member state putting forward its candidate for the WADA Foundation Board should have expressed its commitment to support the WADA and the World Anti-Doping Code in accordance with the Copenhagen Declaration and that this commitment should constitute an additional criterion to those adopted by the Committee of Ministers at its 848th meeting (10 July 2003);

3. decided that items a) and b) of the procedure adopted by the Committee of Ministers at its 848th meeting (10 July 2003) will from now on read as follows:

a. one of the seats will be filled by the Secretary General or the Deputy Secretary General;

b. the other seat should be filled by a person at the highest possible level, elected by the Committee of Ministers (or, should an appropriate occasion arise in the future, designated by the Conference of European Ministers responsible for sport or by a meeting at ministerial level and confirmed by the Committee of Ministers) on the basis of candidatures submitted to the Secretary General by Sports Ministers from States party to the European Cultural Convention which fulfils the following criteria:

i. having paid its contribution to WADA for the years 2005 and 2006 and which have given a firm commitment to pay in 2007 and 2008;
ii. not a member of the European Union;
iii. being a party to the Anti-Doping Convention;
iv. being committed to support WADA and the World Anti-doping-Code.”

With regard to the timetable for designation of the two members of the WADA Foundation Board appointed by the Council of Europe,

4. having regard to decision 3 above, took note of the fact that the next term of office of the Secretary General or his representative on the Foundation Board will be 2006 to 2008 and that of the second Board’s member designated by the Committee of Ministers will be 2007 to 2009;

5. agreed that the candidatures to fill the other seat designated by the Council of Europe shall be submitted to the Secretary General by 15 September 2006 and that the election or confirmation shall preferably take place before November 2006;

6. agreed to establish the timetable for the appointment of the Board members for the terms of office 2009 to 2011 and 2010 to 2012, and this before October 2008;

With regard to the possible designation of candidates representing European public authorities for the positions of Chair or Vice-Chair of the WADA Foundation Board

7. adopted the following procedure:

a. invite the European Co-ordination Forum to agree a candidate profile for the Vice-Chair or Chair of WADA to guide the identification of persons with the purpose of reporting to the XVIIth Informal Meeting of Sports Ministers (Moscow, 20-21 October 2006) and to the Committee of Ministers;

b. agree that the appointment procedure should give due reference to necessary WADA statutory amendments and complements the international procedure under development;

c. recommend that the Working Group set up by the European Co-ordination Forum to identify a candidate to the (Vice-)Chair consults at regular intervals with all member states through the Forum and seeks views at worldwide level to deliver a comprehensive and robust procedure;

d. as regards the position of the Vice-Chair, agreed that candidatures to fill this position ad interim for 2007 shall be submitted to the Secretary General by 15 September 2006 and that the appointment of a candidate shall take place before November 2006 under a procedure similar to that set out in item 3.b above.

With regard to the general terms of reference for the members of the WADA Foundation Board from the European region

8. adopted the revised general terms of reference for the members of the WADA Foundation Board coming from the European region, as they appear at Appendix … to the present volume of Decisions; [see Appendix to these Notes]

9. instructed the Secretariat to bring these general terms of reference to the attention of any office-holder or member representing the European region within the Executive Committee or the Foundation Board of WADA whose candidature has been supported by the Committee of Ministers, as well as to members of WADA working committees nominated by European public authorities.

Appendix..
(Item 8.2a)

Revised 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 promote the implementation of the conclusions of the conferences and meetings of Ministers responsible for Sport, of the decisions of the Committee of Ministers and of the proposals of the European Co-ordination Forum on the World Anti-Doping Agency (WADA) on the Agency’s policies and business;

- to follow the decisions of the Committee of Ministers on budgetary issues in connection with the Agency, based on the proposals of the European Co-ordination Forum for WADA;

- 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 (GR-C), to the European Co-ordination 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 bodies.

These guiding principles also apply mutatis mutandis to any office-holder or member representing the European region within the Executive Committee or the Foundation Board of WADA whose candidature has been supported by the Committee of Ministers, as well as to members of WADA working committees whose candidature has been supported by intergovernmental bodies of the Council of Europe.

Note 1 This document has been classified restricted at the date of issue. Unless the Committee of Ministers decides otherwise, it will be declassified according to the rules set up in Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 They also act as Chair and Vice-Chair of the Executive Committee of the WADA Foundation Board.


 Top

 

  Related Documents
 
   Meetings
 
   Other documents