Opportunity for doping control (for AAS) of persons

It has been scientifically proven that the use of steroids can result in increased aggression, a short fuse and reduced impulse control and empathy (Thiblin et al., 2002; Pope et al., 2000;

Beaver et al., 2008; Midgley et al., 2001 and others). It is therefore relevant to test people for anabolic steroids if they are arrested in connection with violence, in the same way as tests for stimulating substances and alcohol used in similar situa-tions, as these stimulants are thought to have a potential effect on the nature of the crime or the degree of violence.

The presence of anabolic steroids can only be determined by testing a urine sample.

Section 792(1)(ii) of the Administration of Justice Act states that physical intervention can be used against the accused and others in connection with an investigation. This can involve a detailed examination of the body, including its cavities, extrac-tion of saliva or blood samples or other similar samples, X-ray examinations and similar.

Section 792(a)(2) of the Administration of Justice Act states that a physical examination of an accused person can only take place if there are reasons to believe that the person in ques-tion has committed an offence that can lead to 18 months’

imprisonment or more according to the Act (or a breach of section 249, first sentence of the Danish Penal Code) and if the intervention is deemed to be essential to the investigation.

In addition, blood samples can be taken if there are reasons to believe that the person in question has committed an offence in which the consumption of alcohol or euphoriants has played a role, cf. section 792(b)(2) of the Administration of Justice Act.

Whether the police are allowed to take urine samples from an accused therefore depends on what offence the person is suspected of having committed and whether the result of the analysis is essential for the investigation of the crime that has been committed. This means that it is believed that the use of different substances could potentially have been relevant to the crime; either the nature of the crime, the degree of violence, or similar.

The Netherlands

2.5. Opportunity for doping control (for AAS) of persons arrested in connection with violence

In principle this should be possible, but in practice it probably never, or hardly ever, occurs. There is no data on the subject. It is likely that no-one has ever thought of doing this.

Sweden

2.5. Opportunity for doping control (for AAS) of persons arrested in connection with violence The police are entitled to take blood and/or urine samples in the event of violent crimes or other crimes if there is reasonable cause to suspect doping crime. One example of this is when ex-treme and gratuitous violence has been used; but unfortunately samples are not taken as a matter of routine in such instances, although the number of samples taken has increased over the past few years (SNPF, 2008).

Common contribution Summary of Chapter 2

There are major differences in anti-doping legislation between the countries that have contributed to the report. These differ-ences relate to the areas of doping control, the substances

clas-sified as illegal, and the maximum penalty for violations such as the possession of steroids.

Anti-doping legislation also acts as a tool in the battle against steroids and doping in general. In some areas, legislation con-tributes to the anti-doping work. One example is the Danish Smiley scheme, which gives fitness members the option of ac-tively choosing fitness centres that cooperate with Anti Doping Denmark. The Netherlands and Sweden have higher maximum penalties than Denmark, and the police are in a better position to put manufacturers and dealers out of action with imprison-ment and substantial fines.

In other areas, legislation can limit the opportunities for anti-doping work. An example is the wording of the Polish anti-doping legislation, which only allows doping control on individuals who take part in or prepare for sporting competi-tions. This hampers the doping control of normal fitness centre members, as they do not necessarily train in order to take part in sporting competitions. In Denmark, the rules on IT monitoring in combination with the relatively light maximum penalty prevent the police from accessing information that is not publicly available (e.g. private e-mails), which hampers the investigation of matters relating to the distribution of steroids, for example.

In general, the data collected from the contributing countries shows that the maximum penalty for violations relating to doping substances is lighter than for narcotics in general. This appears to apply despite the European Commission’s 2007 White Book on sport, which recommends a focus on the use of legislative measures to combat doping. In this regard, the Com-mission recommends that trade in illegal doping substances be treated on a par with trade in illegal narcotics throughout the EU (European Commission, 2007: 4–5).

The data also shows that the contributing countries have lim-ited opportunities for data exchange. Fitness chains and fitness centres do not currently have the possibility of exchanging data about quarantining imposed in connection with positive dop-ing tests at fitness centres. As a result, the individuals concerned can simply change fitness chain or fitness centre, which under-mines the doping control and the effect of the quarantining.

The data also shows that there are several websites that openly sell prohibited doping substances in the language of the coun-try in question. In practice, the police have difficulty closing down the websites and prosecuting the people behind them, as the website browsers are registered in third countries, the IP addresses are encrypted, or local legislation does not permit the necessary measures.

This chapter gives an overview of the numbers of fitness centres and how there are organised – under organised sport, as com-mercial centres or in other ways. The chapter pays attention to, if the fitness centres carry out preventive anti-doping work, which can be seen as an indication on whether the industry takes on a social responsibility. Finally, it examines in which extent national certification programmes exist, concerning doping prevention, nutritional supplements, anti-doping policy etc. exist.

Denmark

3.1. How many fitness centres are registered in the country?

Denmark has a total of approximately 716 fitness centres. Ac-cording to the latest survey by the Danish Institute for Sports Studies (IDAN), there were 427 commercial fitness centres at the end of 2010 (Kirkegaard, 2011), and, as at 1 October 2011, 290 fitness centres under the national sports federa-tions (Source: The Danish Gymnastics and Sports Associafedera-tions (DGI)).

According to IDAN, there are a total of approximately 700,000 fitness centre members in Denmark, of which 540,000 are members of commercial fitness centres, 135,000 are members of fitness centres under sports associations, and 25,000 are members of physiotherapy centres (Kirkegaard, 2011).

The Netherlands

3.1 How many fitness centres are registered in the country?

Fitness has become popular in the Netherlands. The number of fitness centres has quadrupled in the last 20 years (Lucassen &

Schendel, 2008). According to the most recent wide-scale study into fitness centres, there were 2,041 registered fitness centres in the Netherlands in 2007 (Lucassen & Schendel, 2008). With a population of around 16 million inhabitants, that equates to one fitness centre per 8,000 inhabitants. In total, almost 2 million people are members of a fitness centre, which is 12%

of the population. Fitness is one of the most popular forms of sporting activity. Currently, more people take part in fitness activities than the most popular team sports of football, tennis and swimming (Lucassen & Schendel, 2008).

There is a wide prevalence of fitness centres across the Nether-lands. The average fitness centre has around 1,000 members.

The average number of staff per fitness centre is 13 (5.7 full-time equivalent), of whom a large number are fitness instruc-tors (Lucassen & Schendel, 2008). A relatively large number of part-time workers are employed in the fitness sector – around 80%. Fitness members are primarily to be found in the 19 – 34 age group, although growing numbers of young people and senior citizens are also represented. There is a small majority

of women (56% of members are female) compared to men (Stubbe et al., 2009). One-half of the fitness centre users live in an urban environment and only 10% in rural areas. There are relatively few centres in cities, however, although these do have a large membership (Lucassen & Schendel, 2008).

Sweden

3.1. How many fitness centres are registered in the country?

There are no precise details on the number of fitness centres and training facilities in Sweden. One indicator of the extent of the industry can be found on the www.121.nu website, which provides information on companies in Sweden. The follow-ing details were listed for the fitness centre industry on 18 July 2011:

It is stated that there are 824 active/registered fitness centre companies throughout Sweden. Of these, there are 227 in Stockholm, 73 in Gothenburg and 70 in Malmö.

To get an idea of the sport and exercise habits of the people of Sweden, the Swedish Sports Confederation carries out annual surveys. Between October and December 2010, Statistics Swe-den (Statistiska Centralbyrån, SCB) carried out the latest survey of the competition and exercise habits of Swedish people on behalf of the Swedish Sports Confederation. According to the survey, a total of 23% of the Swedish population (1,714,000 people) take part in weight training at least once a month (24%

of men, 901,000 people, and 22% of women, 813,000 people) (Swedish Sports Confederation, 2011).

Poland

3.1. How many fitness centres are registered in the country?

There is no register of fitness centres. Fitness centres are usu-ally registered as operators of economic activity in the area of sport and recreation. This is a general concept, which does not lend itself to precise identification of the number of entities providing fitness services. According to Google, which is not a reliable source of information, there are about 6,000 fitness centres. Most certainly this number is incorrect as not all fitness centres promote themselves on the Internet and some might be represented more than ones.

Cyprus

3.1. How many fitness centres are registered in the country?

In Cyprus, according to the Report of the General Auditor of the Republic (2011) as at 12.04.2011, the Cyprus Sports Or-ganisation, which is the highest sports authority in the country, had registered 404 fitness centres as well as 96 additional fitness centres operating in hotels.