WRITTEN QUESTION No. 2906/98 by Gianni TAMINO to the Commission. Drug-taking in sport
21. 5. 1999 EN Official Journal of the European Communities C 142/55 (1999/C 142/066) WRITTEN QUESTION E-2906/98 by Gianni Tamino (V) to the Commission (2 October 1998) Subject: Drug-taking in sport For the last couple of months the issue of drug-taking in sport has dominated the law reports in Europe, especially in Italy. In view of the fact that professional sportsmen are in every respect workers and that, pursuant to Directive 89/391/EEC (1), employers are under a duty to evaluate the risks and, on the basis of that assessment, take all necessary measures for the safety and health protection of workers, does the Commission believe that the use of pharmaceutical products to improve the physical performance of sportsmen, often with serious side-effects, is incompatible with the Community provisions safeguarding the health of workers? In addition, Article 129 of the Treaty on European Union protects the health of citizens, which obviously includes all sportsmen, and requires the Union to ensure ‘a high level of human health protection’. How is this compatible with the practice, common in Italy, of testing the effects of particular substances on athletes belonging to amateur or junior teams, using them as ‘guinea pigs’ to test the benefits of certain pharmaceutical products designed to enhance physical performance and to find out the optimum dosage by weighing up the positive effects against the side-effects with a view to their use by professional athletes? In order to ascertain the extent of this phenomenon, it would be advisable to investigate in addition the ‘improper’ use of many pharmaceutical products by comparing the data on the production and use of specific substances which could be regarded as drugs but are nevertheless indicated in certain circumstances with the quantity necessary for purely medical use. In the light of the above, can the Commission say what measures it intends to take and whether it believes that it should take action on this issue by means of a legislative proposal at European level? (1) OJ L 183, 29. 6. 1989, p. 1. Answer given by Mr Flynn on behalf of the Commission (9 December 1998) The Commission shares the Honourable Member’s concerns about doping. Sportsmen/women are only covered by the provisions of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (1) to the extent that they are regarded as workers within the meaning of Article 3, which defines them as ‘any person employed by an employer. ’. Under Articles 5 and 6, employers must ensure the safety and health of workers in every aspect related to their work and take the measures necessary for the safety and health protection of workers. In this connection, employers must observe the general principles of prevention set out in Article 6(2), particularly avoiding risks (a) and evaluating the risks which cannot be avoided (b). Therefore, the use by sportsmen/women of pharmaceutical products with often serious side-effects in order to improve their physical fitness may represent a risk to the health of workers which the employer should, in the light of the first general principle of prevention, take steps to avoid. The Commission believes that the consumption of drugs for the purpose of enhancing physical performance should be regarded as harmful and therefore be strongly discouraged. (1) OJ L 183, 29. 6. 1989