POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
SLK Partners Pl. Powstańców Śląskich 16/18 53-314 Wrocław Poland Tel: +48 504 425 401 Email: biuro@slkpartners.pl Web: www.slkpartners.pl/en/
1. Athlete Conduct, Integrity and Enforcement 1.1 Anti-Doping Regimes Doping Offences Under Polish law, the use of performance-enhancing substances (“doping”) by an athlete does not, as a rule, constitute a criminal offence. Doping is, instead, primarily treated as a breach of sports regulations and anti-doping rules, resulting in disciplinary liability rather than criminal sanctions. Criminal liability may, however, arise in specific statu - tory circumstances, in particular: • administering a prohibited substance to a minor athlete or to an athlete without their knowledge, where the substance belongs to groups S1, S2 or S4 of Annex 1 to the International Convention against Doping in Sport, adopted in Paris on 19 October 2005 (the “Convention”); and • making available to third parties, or possessing for the purpose of distribution, or trading in prohibited substances from groups S1, S2 or S4 of Annex 1 to the Convention, without the marketing authori - sation required under pharmaceutical law. POLADA The Polish Anti-Doping Agency (POLADA) is the authority responsible for all anti-doping activities in Poland. It was established under the Act of 21 April 2017 on Combating Doping in Sport, replacing the former Commission for Combating Doping in Sport. POLADA’s principal responsibilities include:
• establishing rules and procedures for anti-doping testing; • adopting disciplinary anti-doping rules; • developing and implementing educational, informa - tional and training programmes relating to anti- doping; and • co-operating with public authorities, research insti - tutions and other entities engaged in anti-doping activities. Pursuant to its statutory mandate, POLADA adopted the POLADA Anti-Doping Rules, which are based on the World Anti-Doping Code (WADC) developed by the World Anti-Doping Agency (WADA). The WADC is implemented in Poland through: • the national anti-doping regulations adopted by POLADA; and • the statutory obligation imposed on all Polish sports federations under the Act of 25 June 2010 on Sport to comply with and enforce these rules. POLADA has exclusive competence to implement and enforce the POLADA Anti-Doping Rules. Anti-doping rule violations and sanctions are adjudi - cated by a Disciplinary Panel established under the Act on Combating Doping in Sport, which operates independently from sports federations. Implementation of the WADC also includes the WADA Prohibited List of Substances and Methods (the “Pro - hibited List”), which is updated annually.
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