BELGIUM Law and Practice Contributed by: Sven Demeulemeester, Willem-Alexander Devlies and Daan Buylaert, ATFiELD
ATFiELD Havenlaan 86C B414 1000 Brussels Belgium Tel: +32 2 426 14 14 Email: info@atfield.be Web: www.atfield.be
1. Regulatory 1.1 Anti-Doping Doping as a Criminal Offence Under Belgian Law In Belgium, doping is not generally considered a criminal offence. However, certain actions related to doping, such as trafficking and the distribution of prohibited substances, could lead to criminal prosecution under general drug laws. The use of doping substances by athletes is primarily regulated through the sport regula - tory framework and disciplinary measures rather than criminal law. Prohibited Substances While personal use of doping substances is not criminalised, the distribution or trafficking of specific substances on the World Anti-Doping Agency (WADA) Prohibited List may be subject to legal action. For example, anabolic steroids and erythropoietin (EPO) are not only banned in sports, but also classified as controlled sub - stances under Belgian drug laws. Those involved in the illegal sale of these prohibited substances risk prosecution under national drug legislation. National Anti-Doping Organisation in Belgium In Belgium, doping is a competence of the com - munities, and so there are currently four anti- doping organisations or NADOs responsible for
anti-doping policy. These NADOs each imple - ment the WADA Code and conduct testing, investigations, and educational initiatives to pre - vent doping. Their primary objective is to ensure compliance with international anti-doping stand - ards and to protect fair competition in sports. Implementation of the WADA Code in Belgium Belgium is a signatory to the UNESCO Inter - national Convention against Doping in Sport, meaning the country integrates the WADA Code into its national legal framework. The Flemish and Francophone communities have enacted specific anti-doping decrees that align with WADA standards, allowing for rigorous testing and sanctions against doping violations. Recent Noteworthy Anti-Doping Cases in Belgium In August 2023, the UCI Anti-Doping Tribunal found the Belgian cyclist, Toon Aerts, guilty of an anti-doping rule violation (with the presence of letrozole metabolite in a sample collected out-of- competition on 19 January 2022) and imposed a two-year period of ineligibility, starting from 16 February 2022. After a thorough examination of the case, including several expert reports sub - mitted by the Belgian rider, the Tribunal consid - ered that Toon Aerts had failed to establish how the prohibited substance entered his body and
36
CHAMBERS.COM
Powered by FlippingBook