Ministers' Deputies
    CM Documents

    CM(2003)77 21 May 2003
    ——————————————

    844 Meeting, 19 June 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)

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    1. Opening of the meeting by a representative of the Secretary General of the Council of Europe

    The Director of Youth and Sport, opened the meeting and informed those present of the decision taken by the Ministers' Deputies at their 833rd meeting on 26 March 2003, as set out in the introduction of the document DJS(2003)3. He informed the delegations that the aim of the meeting was to make proposals to the Committee of Ministers concerning:

    - the designation of members to fill the two seats to be appointed by the Council of Europe to the WADA Foundation Board;
    - their terms of reference;
    - how decisions concerning WADA will be taken in the future at the Council of Europe.

    Finally, he presented the procedure to be followed during this type of meeting in light of Resolution (76) 3 of the Committee of Ministers concerning structures, terms of reference and working methods of Committees.

    The list of participants appears in Appendix I to the report.

    2. Adoption of the agenda

    The agenda was adopted, as set out in Appendix II.

    3. Election of the Chairperson

    Two candidates were proposed to chair the meeting. Mr Soren RIISKJAER from Denmark and Mr Karlheinz DEMEL from Austria.

    Following a request from Poland, a secret ballot was held. The result of the vote was as follows: 32 votes cast of which 1 nul, 13 for Austria and 18 for Denmark. For the second round, Mr Karlheinz DEMEL (Austria) decided to withdraw his candidature and Mr Soren RIISKJAER (Denmark) was elected as Chair of the meeting.

    4. Preparation of recommendations to the Committee of Ministers

    Mr Soren RIISKJAER (Denmark), Chairman of the ad hoc consultation meeting, proposed to examine the draft decisions presented in the working document DJS(2003)2.

    After discussion, the draft decisions and their appendices (the draft terms of reference of the WADA Board members appointed by the Council of Europe and the draft terms of reference of the European Coordination Forum) were examined line by line and revised as necessary.

    5. Adoption of the reply to the Committee of Ministers

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

    The Secretariat stated that the conclusions of this meeting would be submitted to the Committee of Ministers for decision for their 844th meeting on 19 June 2003.

    Following a remark by the Polish delegation, the Chair noted that the quorum no longer existed at the end of the meeting.

    6. Any other business

    No other point was raised.

    7. Closing of the meeting

    The Chair thanked the delegations for their valuable contributions and closed the meeting.

    * * *

    The conclusions of the meeting (Appendix III) were communicated by e-mail to all Parties to the European Cultural Convention entitled to participate in the ad hoc consultation meeting in order to allow them to express possible reservations.

    Comments/remarks received by e-mail after the meeting:

    Austria
    “1. In the first sentence of the conclusions there is missing, that at the beginning of the session there were 32 from the 48 signatories to the Cultural Convention present, but only 23 at the time of the adoption, near the end of the session.

    2. To A) .........the deputies decided a) that one of the seats be occupied by the Secretary General: Some members of the meeting asked, that if the Secretary General of the Council of Europe as guarantor of the Anti-Doping-Convention could not be himself in the WADA-Board, he should be represented preferably by a political figure of the top rank.”

    Poland
    “According to the procedural rules concerning decision - taking requiring unanimity and a quorum of two thirds as announced by the Director of Youth and Sport, Poland would like to point out that the conclusions were adopted unanimously without the required 2/3 quorum. Furthermore, Poland notes that only 23 States Parties to the European Cultural Convention were present at adoption.“

    Appendix I

    List of participants

    AUSTRIA / AUTRICHE
    Mag Dr Karlheinz DEMEL, President of the Doping Control Commission
    Prof Hans HOLDHAUS, Director, IMSB

    AZERBAIJAN / AZERBAIDJAN
    Mr Perviz VELIYEV, Assistant of Pediatric Department of Medical University of Azerbaijan, member of Anti-Doping Committee

    BELARUS
    Mrs Volha DZERAKH, Main Specialist of the International Relations Department

    BOSNIA AND HERZEGOVINA / BOSNIE-HERZEGOVINE
    Mr Bazilije MOROVIĆ, président du Comité Antidopage, vice-président de la Fédération des Sports

    CROATIA / CROATIE
    Dr Ivan FATTORINI, Director of the Children's Hospital Zagreb University Medical School

    CYPRUS / CHYPRE
    Mrs Popi KANARI, President of the National Anti-Doping Committee

    CZECH REPUBLIC / REPUBLIQUE TCHEQUE
    Dr Jan PŘEROVSKÝ, Senior Officer, Ministry of Education, Youth and Sports
    Dr Jan CHLUMSKY, Chief of the Executive Committee, Anti-Doping Committee

    DENMARK / DANEMARK
    Mr Soren RIISKJAER (Chair/Président), Sports Director, Ministry of Culture
    Mr Peter NAVNTOFT, Government Representative

    ESTONIA / ESTONIE
    Mr Mihkel MARDNA, Chairman, Estonian Center for Doping Affairs

    FINLAND / FINLANDE
    Mr Timo HAUKILAHTI, Special Government Advisor
    Mrs Pirjo KROUVILA, FINADA

    FRANCE
    M. Valery GENNIGES, Conseiller pour les affaires européennes et internationales, Cabinet du Ministre des Sports
    M. Bernard SIMON, Chargé de mission, Ministère des Sports
    Mme Rochanak MIRFENDERESKI, Pharmacienne (dopage), Ministère des Sports

    GEORGIA / GEORGIE
    Dr Tamaz TEVZADZE, Secretary General GNHA, GEO NOC Member,
    Georgian National Olympic Committee

    GERMANY / ALLEMAGNE
    Mr. Gerhard BÖHM, Regierungsdirektor, Federal Ministry of the Interior

    GREECE / GRECE
    Dr Panagiotis TSAROUXAS, Head Doping Control Officer, Athens 2004

    HOLY SEE / SAINT-SIEGE
    M. Clément SCHERTZINGER, Président d'honneur de la FSCF

    ITALY / ITALIE
    M. Mariano RAVAZZOLO, Dirigente Segreteria del Presidente (CONI)

    LATVIA / LETTONIE
    Mrs Liene KOZLOVSKA, Head of Anti-Doping Division, Latvian Sports Medicine Centre
    Ms Linda GULBE, International Officer, Ministry of Education and Science

    LITHUANIA / LITUANIE
    Mrs Rima BERLOVIENE, Head Officer on Anti-Doping Programme, Lithuanian State Department of Physical Education and Sports

    LUXEMBOURG
    Dr Annick SAX, Médecin chef de service,
    Ministère de l'Education Nationale, de la Formation Professionnelle et des Sports

    NETHERLANDS / PAYS-BAS
    Mr Peter de KLERK, Ministry of Health, Welfare and Sport
    Mr Rens van KLEIJ, Managing Director, Netherlands Centre for Doping Affairs (NeCeDo),

    NORWAY / NORVEGE
    Mr Per Kristian AASMUNDSTAD, Deputy Director General, Ministry of Culture and Church Affairs
    Mr Bjørn BARLAND, Adviser, Ministry of Culture and Church Affairs

    POLAND / POLOGNE
    Prof Jerzy SMORAWINSKI, Rector, Chairman of the Commission Against Doping Use in Sport
    Prof. Ryszard GRUCZA, Head of the Warsaw Sport Institute
    Mrs Ewa SUSKA, Vice-Director, Ministry of National Education and Sport
    Mr Dominik PRZYBYLSKI, Foreign Affairs Officer, Ministry of National Education and Sports

    PORTUGAL
    Prof Dr Luis HORTA, Sports Medicine Director, National Institute of Sports

    ROMANIA / ROUMANIE
    Prof Ioan DRAGAN, President, Romanian Anti-Doping Commission

    RUSSIAN FEDERATION / FEDERATION DE RUSSIE
    Mr Alexander VARENNYA, Head of the International Cooperation Division,
    State Committee for Physical Culture and Sport
    Mr Eduard RYZHKIN, Permanent Representation of the Russian Federation

    SLOVAKIA / SLOVAQUIE
    Mr Zdeno KMETEK, Head of International Sports Affairs, Ministry of Education

    SPAIN / ESPAGNE
    Mr Jacobo BELTRÁN, Adviser to the Secretary of State for Sport, Spanish Highest Sport Council
    Dra Cecilia RODRIGUEZ BUENO, Sous-Directrice du Conseil supérieur des Sports
    Dr Agustin F. RODRIGUEZ CANO, Director del Laboratorio de Control del Dopaje, Consejo Superior de Deportes

    SWEDEN / SUEDE
    Mr Tomas JOHANSSON, Deputy Director, Ministry of Justice

    SWITZERLAND / SUISSE
    Dr Matthias KAMBER, Institut des sciences du sport
    M. Stephan WINKLER, Représentation permanente de Suisse

TURKEY / TURQUIE

    Prof Dr Aytekin TEMIZER, President, Turkish Doping Control Centre
    Mr Sinan KOKSAL, Vice-Director, Youth and Sport General Directorate
    M. Kismet ERKINER, Président, Commission juridique, Comité National Olympique

UKRAINE

    Mr Valerii ZHULIAIEV, Head of International Department, State Committee on Physical Culture and Sport

UNITED KINGDOM / ROYAUME-UNI

    Mrs Michele VERROKEN, Dir. of DrugFree Sport, UK Sport

    APOLOGISED / EXCUSES
    Belgium / Belgique
    Hungary / Hongrie
    Iceland / Islande
    Ireland / Irlande

    COUNCIL OF EUROPE / CONSEIL DE L'EUROPE
    Legal Advice Department and Treaty Office (DG I)
    Mr. Jörg POLAKIEWICZ, Head a.i. of Legal Advice Department & Treaty Office

    Directorate of Youth and Sport / Direction de la Jeunesse et du Sport (DG IV)
    Mr Mario MARTINS, Director of Youth and Sport

    Sport Department / Service du Sport
    Mr George WALKER, Head of the Sport Department
    Mr Mesut ÖZYAVUZ, Administrator
    Mme Marie-Françoise GLATZ
    Ms Diane PENEAU

    Appendix II

    Agenda

    1. Opening of the meeting by a representative of the Secretary General of the Council of Europe

    2. Adoption of the draft agenda
    [DJS(2003)3]

    3. Election of the chairperson

    4. Preparation of recommendations to the Committee of Ministers
    [DJS(2003)2]

    4.1 With regard to the designation of the two members of the Foundation Board of the World Anti-Doping Agency (WADA) to be appointed by the Council of Europe for the period 2003-2005;

    4.2 With regard to the general terms of reference for the two members of WADA Foundation Board designated by the Council of Europe;

    4.3 With regard to a future forum for the coordination of positions on questions relating to WADA.

    5. Adoption of the reply to the Committee of Ministers

    6. Any other business

    7. Closing of the meeting

    Appendix III

    Conclusions of the ad hoc Consultation meeting concerning
    the Council of Europe and the World Anti-Doping Agency
    30 April 2003

    “Following the invitation by the Deputies to 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, participants in this ad hoc consultation, which was held in Strasbourg on 30 April 2003, recommend the following draft decisions to the Ministers' Deputies:

    A) With regard to the designation of the two members of the Foundation Board of the World Anti-Doping Agency (WADA) to be appointed by the Council of Europe for the period 2003-2005,

    The Deputies decided

    a) that one of the seats be occupied by the Secretary General;

    b) that the other seat should be filled by a person 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:

    - 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;
    - not a member of the European Union;
    - being a party to the Anti-Doping Convention;

    c) that the procedures and timetable for carrying out the election at b) above are as follows:

    - candidatures shall be submitted to the Secretary General by the end of August 2003;
    - the election shall take place before the end of September 2003;

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

    e) if the elected person comes from a state which joins the European Union in the above-mentioned period, he or she shall resign and a new election will be held as soon as possible;

    f) the Chair of the Monitoring Group shall continue to sit on the WADA Foundation Board until a new member has been elected in accordance with the new procedure;

    g) before July 2005, the Deputies will establish the timetable for the election of the Board Members for the period 2006-2008;

    B) 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 1 to this document.

    C) 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) asked 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 the terms of reference for the Forum, as set out in Appendix 2 to this document.

    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 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;

    - to take account of any concerns with regard to the policies and work of the Agency expressed by the Committee of Ministers and by the European Coordination Forum on the World Anti-Doping Agency (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 seek specific guidance from the Committee of Ministers on budgetary questions in connection with the Agency;

    - 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.

    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. prepare, when necessary, opinions for the Committee of Ministers 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 WADA Foundation Board and Executive Committee members appointed by the Council of Europe will be invited to meetings of the Forum.

    5.4 The Parliamentary Assembly may attend 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.



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