Anti-Doping Rules in Poland: An Overview

Poland is one of the countries where Ukrainian athletes most often move to train and compete, and Polish tournaments in various sports are widely open to foreigners. Therefore an understanding of the local anti-doping system is a practical necessity rather than a formality. The editorial team has prepared an overview of how doping control is organized in Poland, who is responsible for it and what consequences the legislation provides for.

Legal basis: from the WADA Code to Polish law

The anti-doping system of Poland, like that of other European countries, is built on several levels. At the international level it is the World Anti-Doping Code of WADA and the international standards to it, as well as two international treaties that Poland has ratified: the Anti-Doping Convention of the Council of Europe of 1989 and the UNESCO International Convention against Doping in Sport of 2005.

The national level is defined by the Act on Combating Doping in Sport (Ustawa o zwalczaniu dopingu w sporcie) of 21 April 2017. It created the Polish Anti-Doping Agency (POLADA) as an independent state institution to replace the Commission for Combating Doping in Sport that had operated previously, and it established the basic rules of anti-doping activity.

An important feature of the Polish model is the combination of sports-disciplinary and criminal-law mechanisms. For the athlete themselves, a violation of anti-doping rules usually entails sports sanctions, while criminal liability is provided primarily for those who administer banned substances to others under certain circumstances, in particular to minors.

The list of banned substances and methods in Poland is not compiled separately: the current WADA Prohibited List applies, which is updated every year and enters into force on 1 January. Therefore, for an athlete, the currency of information about a specific substance must always be checked against the latest edition of the list.

• International level:the WADA Code, international standards, the Prohibited List.
• Conventions:of the Council of Europe (1989) and UNESCO (2005).
• National level:the 2017 law, POLADA rules, pharmaceutical legislation.
• Sports level:the rules of national and international federations.

POLADA: who conducts control and how

The Polish Anti-Doping Agency is responsible for planning and conducting doping control in the country, results management, educational programs and cooperation with WADA, international federations and other national agencies. It is a signatory to the WADA Code, and therefore its rules must comply with international standards.

Testing is carried out both in-competition and out-of-competition. Out-of-competition control can take place at any time and in any place, so athletes in the registered testing pool are obliged to submit whereabouts information through the ADAMS system. Three missed tests or filing failures within 12 months are considered a violation of anti-doping rules.

POLADA reviews therapeutic use exemption (TUE) requests for national-level athletes. If an athlete needs a drug from the prohibited list for medical reasons, permission must be obtained, as a rule, in advance. International-level athletes submit the request to their international federation.

The 2017 law also provided for separate disciplinary bodies at the agency — a disciplinary panel of first instance and an appeals panel. They hear cases of anti-doping rule violations, which makes it possible to separate the investigative function from the decision-making.

In addition to control, the agency carries out educational work: training programs for athletes, coaches and doctors, consultations regarding medicines and dietary supplements. For a foreigner competing in Poland this is a useful source of information, although responsibility for what is consumed remains with the athlete themselves.

Procedure: from test to decision

The doping control procedure in Poland complies with WADA’s International Standard for Testing and Investigations. The athlete is notified of selection, after which they must report to the doping control station at the appointed time, under the supervision of an officer. They have the right to an accompanying person, and minors — obligatorily.

While filling out the protocol, the athlete lists the medicines and supplements they have taken recently. This is an important detail: full and honest information may matter in the event of a subsequent review of the case. A copy of the protocol must be kept.

Samples are analyzed exclusively by WADA-accredited laboratories — in Poland or beyond its borders, depending on the decision of the organization conducting the testing. In the event of an adverse analytical result, the athlete is notified and their rights are explained, in particular the right to demand the opening and analysis of sample B.

For some substances, a mandatory provisional suspension until the case is heard is provided for after a positive sample A. The athlete has the right to be heard, to submit evidence, to make use of a lawyer’s assistance, and also to appeal the decision. The final instance in international-level cases is usually the Court of Arbitration for Sport (CAS) in Lausanne.

Sanctions and criminal liability

Sports sanctions in Poland are determined according to the WADA Code. The basic period of disqualification for the presence or use of a banned substance is four years if the violation is deemed intentional or the substance does not belong to the “specified” ones. If the athlete proves the absence of intent, the period may be shortened, and with proven absence of significant fault — reduced still further.

The 2017 law provided for criminal liability for the most socially dangerous acts related to doping — primarily for administering banned substances to minor athletes or without the athlete’s knowledge. Unlike Germany, Poland has not introduced general criminal liability for the athlete themselves for using doping.

Pharmaceutical legislation applies separately. The circulation of medicinal products outside the established procedure, in particular the trade in prescription drugs without authorization, is prosecuted regardless of whether it is related to sport. Anabolic steroids in Poland are prescription medicinal products, and their illegal sale may entail criminal liability.

Sanctions also concern support personnel: coaches, doctors, masseurs. In accordance with the WADA Code, cooperation with a person under disqualification may also become a violation for the athlete.

What foreign athletes should know

By competing at events in Poland, a foreign athlete comes under the jurisdiction of the anti-doping rules that apply at those events. A test may be conducted by POLADA, an international federation or the national agency of the athlete’s country. Refusal of or evasion from testing is in itself a serious violation.

If you permanently live and train in Poland but belong to the testing pool of your own country, it is critically important to update whereabouts information in a timely manner. Relocation and a change of address are a common cause of missed tests.

A therapeutic use exemption obtained in Ukraine is not always automatically recognized for competitions of another level. Before participating in international tournaments it is worth clarifying whether the relevant international federation recognizes your TUE.

Be careful with medicines and supplements bought locally. The composition of drugs with the same trade name may differ across countries, and dietary supplements may be contaminated with banned substances. Under the WADA Code the principle of strict liability applies: the athlete is responsible for any banned substance in their sample.

Editorial conclusions

Poland’s anti-doping system is based on the WADA Code and the 2017 law, which created the independent POLADA agency and separate disciplinary panels.

For the athlete, the main consequences of a violation are sports-related: disqualification of up to four years and more, annulment of results. Criminal liability is directed mainly at those who administer doping to others, in particular to minors, and also at the illegal circulation of medicines.

Foreigners in Poland should pay especially careful attention to whereabouts, TUE and the composition of medicines and supplements.

We also recommend reading our articles on anti-doping rules in Germany, on the legal status of anabolic steroids in EU countries and on liability for importing prescription drugs into Ukraine.

References

1. World Anti-Doping Agency. World Anti-Doping Code 2021. Montreal: WADA; 2021.
2. World Anti-Doping Agency. The Prohibited List. Montreal: WADA; оновлюється щорічно.
3. Ustawa z dnia 21 kwietnia 2017 r. o zwalczaniu dopingu w sporcie. Dziennik Ustaw. 2017.
4. Ustawa z dnia 6 września 2001 r. Prawo farmaceutyczne. Dziennik Ustaw. 2001.
5. Council of Europe. Anti-Doping Convention (ETS No. 135). Strasbourg; 1989.
6. UNESCO. International Convention against Doping in Sport. Paris; 2005.
7. World Anti-Doping Agency. International Standard for Therapeutic Use Exemptions. Montreal: WADA; 2023.