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[Comment to Article 4.1: The current Prohibited List is available on WADA 's website. |
The Prohibited List will be revised and published on an expedited basis whenever the need arises. |
However, for the sake of predictability, a new Prohibited List w ill be published every year whether or not changes have been made.] |
Prohibited Substances and Prohibited Methods Identified on the Prohibited List Prohibited Substances and Prohibited Methods The Prohibited List shall identify those Prohibited Substances and Prohibited Methods which are prohibited as doping at all times (both In-Competition and Out-of-Competition ) because of their potential to enhance performance in future Competitions or their masking potential, and those substances and methods which are prohibited In-Competition only. |
The Prohibited List may be expanded by WADA for a particular sport. |
Prohibited Substance s and Prohibited Methods may be included in the Prohibited List by general category (e.g., anabolic agents) or by specific reference to a particular Substance or Method . |
[Comment to Article 4.2.1: Out -of-Competition Use of a Substance which is only prohibited In -Competition is not an anti -doping rule violation unless an Adverse Analytical Finding for the Substance or its Metabolites or Markers is reported for a Sample collected In -Competition.] |
Specified Substances or Specified Methods For purposes of the application of Article 10, all Prohibited Substances shall be Specified Substances except as identified on the Prohibited List . |
No Prohibited Method shall be a UCI CYCLING REGULATIONS Page 15 of 70 UCI ADR 2021 Specified Method unless it is specifically identified as a Specified Method on the Prohibited List . |
[Comment to Article 4.2.2: The Specified Substances and Methods identified in Article 4.2.2 should not in any way be considered less important or less dangerous than other doping Substances or Methods . |
Rather, they are simply Substances and Methods which are more likely to have been consumed or used by a Rider for a purpose other th an the enhancement of sport performance.] |
Substances of Abuse For purposes of applying Article 10, Substances of Abuse shall include those Prohibited Substances which are specifically identified as Substances of Abuse on the Prohibited List because they are frequently abused in society outside of the context of sport. |
WADA ’s Determination of the Prohibited List WADA ’s determination of the Prohibited Substances and Prohibited Methods that will be included on the Prohibited List , the classification of substances into categories on the Prohibited List , the classification of a substance as prohibited at all times or In-Competition only, the classification of a substance or method as a Specified Substance , Specified Method or Substa nce of Abuse is final and shall not be subject to any challenge by a Rider or other Person including, but not limited to, any challenge based on an argument that the substance or method was not a masking agent or did not have the potential to enhance perfo rmance, represent a health risk or violate the spirit of sport. |
Therapeutic Use Exemptions (“TUEs”) The presence of a Prohibited Substance or its Metabolites or Markers , and/or the Use or Attempted Use, Possession or Administration or Attempted Administration of a Prohibited Substance or Prohibited Method , shall not be considered an anti -doping rule violation if it is consistent with the provisions of a TUE granted in accordance with the UCI TUE Regulations . |
TUE Application Rider s who are not International -Level Rider s a) Rider s who are not International -Level Rider s shall apply to their National Anti -Doping Organization for a TUE, unless the need for a TUE arises in connection with the Rider ’s participation in an International Event and during the Event Period in which case the Rider must apply directly to the UCI. |
If the National Anti -Doping Organization denies the application, the Rider may appeal exclusively to the appellate body described in Article 13.2.2 ; if the UCI denies the Rider’s application, the Rider may appeal in accordance with Article 4.4.8 . |
b) Rider s who are not International -Level Rider s, who wish to participate in an International Event must, prior to such participation, obtain recognition from the UCI of a TUE already granted by their National Anti -Doping Organization in accordance with Article 4.4. |
4 and the UCI TUE Regulations . |
International -Level Rider s Rider s who are International -Level Rider s must apply to the UCI for a TUE as soon as the need arise s. Major Event Organization A Major Event Organization may require Rider s to apply to it for a TUE if they need to Use a Prohibited Substance or a Prohibited Method in connection with the Even t. Rider s shall refer to the applicable rules of UCI CYCLING REGULATIONS Page 16 of 70 UCI ADR 2021 the Major Event Organization for the requirements and procedure to follow in this situation. |
Therapeutic Use Exemption Committee (“TUEC ”) The UCI shall establish a Therapeutic Us e Exemption Committee (“TUEC ”) to consider applications for the grant or recognition of TUEs in accordance with the UCI TUE Regulations. |
The TUEC shall decide whether or not to grant the application as soon as possible, and usually (i.e., unless exceptional circumstances apply) within no more than twenty -one (21) days of receipt of a complete application. |
Where a TUE application is made in a reason able time prior to an Event , the TUEC must use its best endeavors to issue its decision before the start of the Event . |
The TUEC ’s decision shall be the final decision of the UCI and may be appealed in accordance with Article 4.4. |
8. |
The TUEC ’s decision sha ll be notified to the Rider and must be made available to WADA and other Anti-Doping Organizations via ADAMS in accordance with the UCI TUE Regulations . |
[Comments to Article 4.4.3: A Rider should not assume that his/her application for grant or recogniti on of a TUE (or for renewal of a TUE) will be granted. |
Any Use or Possession or Administration of a Prohibited Substance or Prohibited Method before an application has been granted is entirely at the Rider ’s own risk. |
If the UCI refuses to recognize a TUE granted by a National Anti -Doping Organization only because medical records or other information are missing that are needed to demonstrate s atisfaction with the criteria in the UCI TUE Regulations, the matter should not be referred to WADA for review. |
Instead, the file should be completed and re -submitted to the UCI.] |
TUE Recognition The UCI may, in accordance with the UCI TUE Regulations, publish notice on its website that it may automatically recognize TUE decision s made pursuant to Article 4.4 (or certain categories of such decisions ) rendered by specifi ed Anti-Doping Organization s. Where the Rider already has a TUE granted by a National Anti -Doping Organization and the Rider ’s TUE falls into a category of TUEs that are automatically recognized at the time the TUE is granted, he/she does not need to apply to the UCI for recognition of that TUE. |
Where the Rider already has a TUE granted by a National Anti -Doping Organization , but the Rider ’s TUE does not fall into a category of TUEs that are automatically recognized , the Rider shall submit a request for recognition of the TUE to the UCI. |
He must obtain recognition of the TUE prior to participating in any International Event . |
If that TUE meets the criteria set out in the UCI TUE Regulations, then the UCI must recognize it. |
If the UCI considers that the TUE does not meet th e criteria and so refuses to recognize it, the UCI must notify the Rider and the Rider ’s National Anti -Doping Organization promptly, with reasons. |
The Rider or the National Anti -Doping Organization shall have twenty -one (21) days from such notification to refer the matte r to WADA for review in accordance with Article 4.4. |
8. |
If the matter is referred to WADA for review, the TUE granted by the National Anti -Doping Organization remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ) pending WADA ’s decision. |
UCI CYCLING REGULATIONS Page 17 of 70 UCI ADR 2021 If the matter is not referred to WADA for review within the twenty -one (21) day deadline, the Rider ’s National Anti -Doping Organization must determine whether the original TUE granted by that National Anti -Doping Organization should nevertheless remain valid for national -level Competition and Out-of-Competition Testing (provided that the Rider ceases to be an International -Level Rider and does not participate in international -level Competition ). |
Pending the National Anti-Doping Organization’s decision, the TUE remains valid for national -level Competition and Out-of-Competition Testing (but is not valid for international -level Competition ). |
If the UCI chooses to test a Rider who is n ot an International -Level Rider , the UCI must recognize a TUE granted to that Rider by his/her National Anti -Doping Organization unless the Rider is required to apply for recognition of the TUE pursuant to Article 4.4.2.1 . |
TUE Application Process If the Rider does not already have a TUE granted by his or her National Anti -Doping Organization for the substance or method in question, the Rider must apply directly to the UCI for a TUE as soon as the need arise s and in accordance with the UCI TUE Regulations . |
If the UCI denies the Rider ’s application, it must notify the Rider promptly, with reasons. |
If the UCI grants the Rider ’s application, it must notify not only the Rider but also his or her National Anti -Doping Organization . |
If the National Anti -Doping Organization considers that the TUE granted by the UCI does not meet the criteria set out in the UCI TUE Regulations , it has twenty -one (21) days from such notification to refer the matter to WADA for review in acc ordance with Article 4.4. |
8. |
If the National Anti -Doping Organization refers the matter to WADA for review, the TUE granted by the UCI remains valid for international -level Competition and Out-of-Competition Testing (but is not valid for national -level Com petition ) pending WADA ’s decision. |
If the National Anti-Doping Organization does not refer the matter to WADA for review, the TUE granted by the UCI becomes valid for national -level Competition as well when the twenty -one (21) day review deadline expires. |
Retroactive TUE Applications If the UCI chooses to collect a Sample from a Rider who is neither an International -Level Rider nor a National -Level Rider , and that Rider is Using a Prohibited Substance or Prohibited Method for therapeutic reasons, the UCI must permit that Rider to apply for a retroactive TUE. |
Expiration, Withdrawal or Reversal of a TUE A TUE granted pursuant to these Anti -Doping Rules: (a) shall expire automatically at the end of any term for which it w as granted, without the need for any further notice or other formality; (b) will be withdrawn if the Rider does not promptly comply with any requirements or conditions imposed by the TUEC upon grant of the TUE; (c) may be withdrawn by the TUEC if it is subsequently determined that the criteria for grant of a TUE are not in fact met; or (d) may be reversed on review by WADA or on appeal. |
UCI CYCLING REGULATIONS Page 18 of 70 UCI ADR 2021 Reviews and Appeals of TUE Decisions WADA must review the UCI’s decision not to recognize a TUE granted by the National Anti -Doping Organization that is referred to WADA by the Rider or the Rider ’s National Anti-Doping Organization . |
In addition, WADA must review the UCI’s decision to grant a TUE that is referred to WADA by the Rider ’s National Anti -Doping Organization . |
WADA may review any other TUE decisions at any time, whether upon request by those affected or on its own initiative. |
If the TUE decision being reviewed meets the criteria set out in the UCI TUE Regulations , WADA will not interfere with it. |
If the TUE decision does not meet those criteria, WADA will reverse it. |
[Comment to Article 4.4. |
8: WADA shall be entitled to charge a fee to cover the costs of: (a) any review it is required to conduct in accordance with Article 4.4. |
8.1; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.] |
Any TUE decision by the UCI that is not reviewed by WADA , or that is reviewed by WADA but is not reversed upon review, may be appealed by the Rider and/or the Rider ’s National Anti -Doping Organization , exclusively to CAS. |
[Comment to Article 4.4. |
8.2: In such cases, the decision bein g appealed is the UCI’s TUE decision, not WADA ’s decision not to review the TUE decision or (having reviewed it) not to reverse the TUE decision. |
However, the time to appeal the TUE decision does not begin to run until the date that WADA communicates its d ecision. |
In any event, whether the decision has been reviewed by WADA or not, WADA shall be given notice of the appeal so that it may participate if it sees fit.] |
A decision by WADA to reverse a TUE decision may be appealed by the Rider , the National Anti -Doping Organization and/or the UCI, exclusively to CAS. |
A failure to render a decision within a reasonable time on a properly submitted application for grant/recognition of a TUE or for review of a TUE decision shall be considered a denial of the application thus triggering the applicable rights of review/appeal . |
Monitoring Program WADA , in consultation with Signatories and governments, shall establish a monitoring program regarding substances which are not on the Prohibited List , but which WADA wishes to monitor in order to detect potential patterns of misuse in sport. |
In addition, WADA may include in the monitoring pro gram substances that are on the Prohibited List , but which are to be monitored under certain circumstances - e.g., Out-of-Competition Use of some substances prohibited In-Competition only or the combined Use of multiple substances at low doses (“stacking”) - in order to establish prevalence of Use or to be able to implement adequate decisions in regards to their analysis by laboratories or their status within the Prohibited List . |
WADA shall publish the substances that will be monitored. |
Laboratories will r eport the instances of reported Use or detected presence of these substances to WADA . |
WADA shall make available to International Federations and National Anti -Doping Organizations , on at least an annual basis, aggregate information by sport regarding the m onitored substances. |
Such monitoring program reports shall not contain additional details that could link the monitoring results to specific Samples . |
WADA shall implement measures to ensure that strict anonymity of individual Rider s is maintained with resp ect to such reports. |
The reported Use or detected presence of a monitored substance shall not constitute an anti -doping rule violation. |
UCI CYCLING REGULATIONS Page 19 of 70 UCI ADR 2021 TESTING AND INVESTIGATIONS Purpose of Testing and Investigations Testing and investigations may be undertaken for any anti -doping purpose. |
Testing shall be undertaken to obtain analytical evidence as to whether the Rider has violated Article 2.1 (Presence of a Prohibited Substance or its Metabolites or Markers in a Rider ’s Sample ) or Article 2.2 ( Use or Attempted Use by a Rider of a Prohibited Substance or a Prohibited Method ). |
[Comment to Article 5.1: Where Testing is conducted for anti -doping purposes, the analytical results and data may be used for other legitimate purposes under the Anti -Doping Organization’s rules. |
See, e.g., Comment to Article 23.2.2 of the Code.] |
Authority to Test Any Rider may be required to provide a Sample at any time and at any place by any Anti-Doping Organization with Testing authority over him or her. |
Subject to the limitations for Event Testing set out in Article 5.3, the UCI shall have In-Competition and Out-of-Competition Testing authority over all Rider s specified in the Introduction to these Anti -Doping Rules (Se ction “Scope of these Anti -Doping Rules”). |
The UCI may require any Rider over whom it has Testing authority, who has not retired, including Rider s serving a period of Ineligibility , to provide a Sample at any time and at any place. |
[Comment to Article 5.2 .2: The UCI may obtain additional authority to conduct Testing by means of bilateral or multilateral agreements with other Signatories. |
Unless the Rider has identified a sixty (60) minute Testing window between the hours of 11:00 p.m. and 6:00 a.m., or has otherwise consented to Testing during that period, the UCI will not test a Rider during that period unless it has a serious and specific suspicion that the Rider may be engaged in doping. |
A challenge to whether the UCI had sufficient suspicion for Testing during thi s time period shall not be a defense to an anti -doping rule violation based on such test or attempted test.] |
WADA shall have In-Competition and Out-of-Competition Testing authority as set out in Article 20.7.10 of the Code . |
If the UCI delegates or contrac ts any part of Testing to a National Anti -Doping Organization directly or through a National Federation , that National Anti -Doping Organization may collect additional Samples or direct the laboratory to perform additional types of analysis at the National Anti-Doping Organization ’s expense. |
If additional Samples are collected or additional types of analysis are performed, the UCI shall be notified. |
The responsibility for Results Management in either case shall be as set forth in Article 7.1. |
Event Testing Except as otherwise provided below, only a single organization shall have authority to conduct Testing at Event Venues during an Event Period . |
At UCI International Events , the UCI shall have authority to conduct Testing and the collection of Samp les shall be initiated and directed by the UCI. |
Any Testing during the Event Period outside the Event Venues shall be coordinated with the UCI. |
If an Anti-Doping Organization , which would otherwise have Testing authority, desires to conduct Testing of Rider s at the Event Venues during the Event Period , the Anti-Doping Organization shall first confer with the UCI to obtain permission to conduct and coordinate such Testing . |
UCI CYCLING REGULATIONS Page 20 of 70 UCI ADR 2021 If the Anti-Doping Organization is not satisfied with the response from the UCI, the Anti-Doping Organization may, in accordance with the procedures described in the UCI Testing & Investigations Regulations, ask WADA for permission to conduct Testing and to determine how to coordinate such Testing. |
WADA shall not grant approval for such Testing before consulting with and informing the UCI. |
WADA ’s decision shall be final and not subject to appeal. |
Unless otherwise provided in the authorization to conduct Testing , such tests shall be considered Out-of-Competition tests. |
Results Management for any such test shall be the responsibility of the Anti-Doping Organization initiating the test unless provided otherwise in the authorization to conduct Testing . |
[Comment to Article 5.3. |
3: Before giving approval to a National Anti -Doping Organization to initiate and conduct Testing at a UCI International Event, WADA shall consult with the UCI. |
Before giving approv al to the UCI to initiate and conduct Testing at a National Event, WADA shall consult with the National Anti -Doping Organization of the country where the Event takes place. |
The Anti -Doping Organization “initiating and directing Testing ” may, if it chooses, enter into agreements with a Delegated Third Party to which it delegates responsibility for Sample collection or other aspects of the Doping Control process.] |
At National Events , the National Anti -Doping Organization of that country shall have authority t o conduct Testing . |
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