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<P>EU Sports Commissioner Jan Figel is shown in this 2007 file photo.</P>
Jacques Collett/AFP/Getty Images

WADA code must change, EU sports chief says

The Associated Press
By Raf Casert, The Associated Press Posted Monday, April 27, 2009 12:09 PM ET

BRUSSELS -- The European Union's top sports official wants the World Anti-Doping Agency change its new out-of-competition drug-testing rules to comply with European laws.

EU Sports Commissioner Jan Figel said in an interview Monday with The Associated Press that he fully backs the report of an independent EU panel on data protection and privacy, which listed several items where the WADA code should change to be acceptable in Europe.

The EU's conviction that the WADA code must change "is now even more firm, more concrete,'' Figel said after reading the report. It was one of his most critical statements yet on the code, which sets out anti-doping rules and sanctions across all sports and all countries.

Most criticism has centred on the requirement that elite athletes must give drug-testers three months' notice of their location for one hour each day - seven days a week - between 6 a.m. and 11 p.m. The information is registered online and can be updated by e-mail or text message.

Many athletes contend the system violates their right to privacy.

Prominent athletes and major federations like FIFA have been increasingly critical since the program kicked into operation on Jan. 1.

In Belgium, 65 athletes have started court proceedings against the whereabouts system, citing the European Convention on Human Rights.

Increasingly, European politicians have been critical of the rules and Figel added his voice to the chorus Monday. He also objected to the transfer of anti-doping data outside the EU and the publication of suspended athletes even when their appeals are still ongoing.

Figel outlined his stance ahead of WADA's May 9-10 executive committee and foundation board meeting in Montreal. After first calling for the suspension of the new out-of-competition rules last year, Figel now said change was inevitable.

"The messages are there, so what we expect is a response and goodwill. Because, if not, together we are losers,'' he said.

WADA said Monday it has had "several positive meetings'' with EU officials to narrow differences before the Montreal meetings.

After the Montreal meetings, the issue will again come to a head when EU sports ministers hold a major conference in Athens from May 13-15.

The independent EU advisory panel said last week that anti-doping bodies in the 27-nation EU must "disregard the World Anti-Doping Code and International Standards insofar as they contradict domestic law.''

"We back the conclusions,'' Figel said. "These are quite serious issues.''

"WADA rules do not supersede laws of countries,'' he said.

WADA rejected the EU report, calling its findings unfounded and containing "factual errors and questionable assertions of law.''

WADA president John Fahey said the EU panel "could potentially undermine the fight against doping in sport.''

While Figel fiercely defended the report, he refrained from tough language.

"We are not focusing on linguistic exchanges,'' he said.

 

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