Ethik-Code der UCI
UCI Code of Ethics
WADA REPORT OF THE INDEPENDENT OBSERVERS Tour de France 2010: *
"Lastly, the IO Team discussed the Code of Conduct which the ProTeams signed up to in 2004, but which seems to have been disregarded by both the ProTeams and the UCI. The IO Team is of the view that the UCI is highly unlikely to be successful in tackling doping in the sport of cycling without the active and committed involvement of the ProTeams and the value of reinvigorating the Code would have substantial benefits to the UCI, ASO, participating teams and clean riders. As a result this report recommends that the UCI should reinvigorate discussions regarding a Code of Conduct for ProTeams with the intention of establishing a mutually agreement Code before the next season of Grand Tours.!
UCI Code of Ethics
Scope of application
The present Code is applicable to the following persons:
1. members of the Management Committee
2. members of the Professional Cycling Council
3. members of commissions
4. UCI staff
6. technical delegates, each of these persons being referred to hereinafter as a ‘Party’.
The present Code does not apply to members of the disciplinary commission, nor to members of the appeals board, nor to members of the PCC arbitrary panels. They must comply with the general principles that govern judicial bodies.
Each Party must, both in the carrying out of its duties within the UCI as well as on a day-today basis, comply with the principles of:
1. human dignity
2. nondiscrimination, for whatever reason: race, gender, nationality, ethnic origin, religion, philosophical and political opinions, marital status or any other
3. nonviolence, including abstaining from any kind of pressure and harassment, whether physical, mental, professional or sexual
4. friendship, mutual aid and fair-play
6. priority to the interests of the sport of cycling and the UCI in relation to personal interests
7. priority to the interests of sport and athletes in relation to financial interests
8. protection of the environment
9. political neutrality
All parties shall, on all occasions and to the best of their ability, serve the interests of cycling and the UCI. They shall be aware of their task and their personal responsibility and take all necessary action to carry it out. They shall refrain from any behaviour which may jeopardize cycling or the UCI’s reputation.
The Parties shall refrain from asking, accepting or proposing, either directly or indirectly, any payment or commission, any advantages or services of any kind, whether it is in exchange for their work carried out for the UCI, and which has not been agreed with or authorised by the competent authority at the UCI. They will inform the UCI of any offers of this kind which are made to them.
Only symbolic gifts may be offered or accepted by the Parties, as a mark of respect or as a token of friendship in accordance with usual local custom. Any other gifts received must be sent to the UCI. Any other gifts offered to a third-party must have been authorised by the competent authority at the UCI.
In the same way, the Parties and any other persons accompanying them shall not accept hospitality offered by their hosts if this goes beyond the limits fixed by the norms in force in the countries of the latter. Any case which contravenes this measure shall be brought before the ethics commission. This rule also applies to the hospitality given to UCI partners.
The Parties should inform their partners of these measures.
The Parties must not have relations with any organisations, companies or persons whose activities are incompatible with the principles set out in the UCI Constitution, Olympic Charter and the present Code.
The Parties who represent the UCI in an outside body shall be obliged to intervene and vote in accordance with the instructions that they may have received from the competent authority at the UCI or, failing that, in accordance with their personal beliefs, independent of the interests of the sport of cycling and the UCI. They shall not accept from any third-party any instructions to vote or any intervention of any nature.
Conflict of interests
There may be a conflict of interests when the objectivity of one Party, in expressing an opinion or when a decision is being made within the UCI, may be influenced or be perceived as being influenced due to personal or financial interests.
If a Party happens to be aware of a potential conflict of interests, it shall be obliged to inform the ethics commission, which will instruct it on how to avoid or resolve the dispute. If the ethics commission cannot be consulted in due time, the Party in question shall refrain from taking any action or any measures which may lead to the risk of a conflict of interests.
Parties shall refrain from disclosing any information concerning the UCI or its activities, which has not been made public, except if the disclosure of that information has been authorised by the competent authority at the UCI or made obligatory by a rule or by an applicable policy.
The disclosure of information must not be aimed at making profit nor any personal advantage, nor be motivated by malicious intent in order to damage the physical or moral reputation of a person.
An ethics commission has been created, which has the following authority:
1. to ensure that the present Code is being respected
2. to receive complaints regarding any infringement to the present Code
3. to give advice and assistance on ethical matters, particularly as regards the application of the present Code
4. to advise on how to avoid or resolve conflicts of interest
5. to recommend sanctions which could be taken against offenders of the present Code
6. to set out measures for the application of this Code
7. to put forward proposals aimed at creating a programme to teach on ethics.
Each year the ethics commission shall present a report to the UCI Congress on the application of the present Code, listing any infringements to its rules.
The ethics commission shall be made up of at least three members. These shall be appointed, on the proposal of the Management Committee, by the UCI Congress two years after the election of the Management Committee. The first ethics commission shall be appointed by the 2004 Congress, for a period of five years.
Members of the ethics commission shall be appointed for a mandate of four years. They shall be irremovable. In the event of a vacancy due to death or resignation, the Management Committee, if necessary, shall make a provisional appointment which shall be approved at the following Congress.
National Federations are advised to adopt an ethics code based on the present Code. Article 3 of the present Code shall apply to National Federations and any physical person related to them like the parties are to the UCI.
* WADA: REPORT OF THE INDEPENDENT OBSERVERS Tour de France 2010
* Code of Conduct for UCI Pro Teams
The IO Team was aware that in 2004 a Code of Conduct was agreed by ProTeams to demonstrate their commitment to and adherence with the UCI Rules, specifically as they related to the health of riders and anti-doping regulations. The Code highlighted a number of areas where ProTeams would ‘strictly comply’, notably that UCI ProTeams undertake to:
• Without prejudice to the right to terminate the contract for serious misconduct, not to enter any licence-holder for events who is subject to disciplinary proceedings for a breach of the UCI anti-doping regulations, by any competent body under the World Anti-Doping Code (Article VIII)
15 For a number of National Federations (eg. Italy, UK, USA) this jurisdiction is delegated to the National Federation’s National Anti-Doping Organisation
TdF2010 Final IO Report 33
• Without prejudice to the right to terminate the contract for serious misconduct, not to enter any licence-holder for events who is subject to judicial proceedings or investigation for facts relating to sporting activity, or any act constituting a breach of the UCI anti-doping regulations, or any other intentional criminal act (Article IX)
The UCI informed the IO Team that this Code was an informal arrangement among the ProTeams and was never included in UCI regulations. Interestingly the Code does not seem to appear on either the UCI’s website or the website of the Tour. It is therefore the conclusion of the IO Team that the Code is now not observed by teams competing in the Tour and is an obsolete agreement. The reason the Code came to the attention of the IO Team was that during the Tour there were a number of public statements related to investigations into riders competing on the Tour. While it is acknowledged that none of these investigations had reached a formal stage, it was clear to the IO Team that the value of reinvigorating the Code would have substantial benefits to the UCI, ASO, participating teams and clean riders. In addition, the matter of the Code was informally discussed a number of times with representatives of the ProTeams.
Firstly, from what the IO Team observed, the UCI is highly unlikely to be successful in tackling doping in the sport of cycling without the active and committed involvement of the ProTeams. As stated previously, the IO Team did receive a number of positive comments about the IO Team’s presence on the Tour and is of the view that there are not an insignificant number of teams who would support a more committed and unified stance against doping by all ProTeams thereby assisting the UCI.
Secondly, the ASO has a significant vested interest in ensuring that the integrity of the Tour is maintained. A Code would allow the ASO to play a more active role in anti-doping by providing them a mechanism to challenge teams who are less committed than others to anti-doping efforts. In the same way, a Code would allow owners of ProTeams to reinforce the value of clean sport and provide clear expectations related to who they employ as riders and support staff. Finally, it is clear that many riders want the Tour to be seen as clean, want their performances to be recognised as those of clean riders and a Code would again reinforce their ongoing commitment to ensuring that continual progress is made in the area of anti-doping at the sport largest event.
Recommendation 44: The UCI should reinvigorate discussions regarding a code or standard of conduct for ProTeams with the intention of establishing a mutually agreement before the next season of Grand Tours.