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UCI CYCLING REGULATIONS Page 58 of 70 UCI ADR 2021 To disclose to his or her National Anti -Doping Organization and the UCI any decision by a non -Signatory finding that he or she committed an anti -doping rule violation within the previous ten (10) years.
To cooperate with Anti -Doping Organizations investigating anti -doping rule violations.
[Comment to Article 21.2.5: Failure to cooperate is not an anti -doping rule violation under the Code, but it may be the basis for disciplinary action under a Signatory’s rules.
Failure by any Rider Support Personnel to cooperate in full with Anti -Doping Organizations investigating anti -dopin g rule violations may result in a charge of misconduct under the UCI's disciplinary rules. ]
Rider Support Personnel shall not Use or Possess any Prohibited Substance or Prohibited Method without valid justification.
[Comment to Article 21.2.6: In those situations where Use or personal Possession of a Prohibited Substance or Prohibited Method by a Rider Support Person without justification is not an anti -doping rule violation under the Code, it should be subject to oth er sport disciplinary rules.
Coaches and other Rider Support Personnel are often role models for Rider s. They should not be engaging in personal conduct which conflicts with their responsibility to encourage their Rider s not to dope.]
To report to Anti-Doping Organizations any circumstances they become aware of that may constitute an anti -doping rule violation.
Roles and Responsibilities of Other Persons Subject to the se Anti -Doping Rules To be knowledgeable of and comply with all anti -doping policies and rules adopted pursuant to the Code and which are applicable to them.
To disclose to their National Anti -Doping Organization and the UCI any decision by a non-Signatory finding that they committed an anti -doping rule violation within the previous ten (10) years.
To cooperate with Anti-Doping Organizations investigating anti -doping rule violations .
[Comment to Article 21.
3.3: Failure to cooperate is not an anti -doping rule violation under the Code, but it may be the basis for disciplinary action under a Signatory’s rules.
Failure by an other Person to cooperate in full with Anti -Doping Organizations investigating anti -doping rule violations may result in a charge of misconduct under the UCI's disciplinary rules.]
Consequences of Non -Compliance with the Re sponsibilities of Rider s, Rider s Support Personnel or Other Persons Where it considers so warranted, the UCI may initiate disciplinary proceedings against Rider s, Rider Support Personnel or other Persons for non -compliance with Articles 21.1 , 21.2 or 21.3 , as applicable.
The disciplinary proceedings will be referred to the UCI Disciplinary Commission in accordance with UCI Disciplinary Rules .
Roles and Responsibilities of National Federations All National Federations shall include in their regulations the rules necessary to effectively implement these Anti -Doping Rules.
National Federations shall cooperate with and support the UCI.
They shall also recognize, abide by and implement the decisions made pursuant to these Anti-Doping Rules, including the decisions imposing sanctions on Persons under their authority .
When a National Federation receives information from third parties concerning a possible anti-doping violation, it shall immediately inform the UCI and the relevant National Anti -Doping Organization .
UCI CYCLING REGULATIONS Page 59 of 70 UCI ADR 2021 National Federation s shall be obliged to conduct investigations as the UCI may deem appropriate and inform UCI of the results.
National Federations shall cooperate with investigations conducted by any Anti-Doping Organization with authority to conduct such investigation.
For the purpose of these Anti -Doping Rules, the Event organizer’s National Federation shall take on the role of the Licen ce-Holder ’s National Federation as regards Licen ce-Holders who have obtained their licen ce directly from the UCI.
Without prejudice to Article 14 of the UCI Constitution, National Federations shall be obligated to reimburse the UCI for all costs related to a doping case in which the National Federation was not cooperative or did not comply with these Anti -Doping Rules.
Each National Federation shall report to the UCI on or before 31st January results of all Doping Controls conducted on its Licen e-Holders during the previous year sorted by Rider and i dentifying each date on which the Rider was tested, the entity conducting the Testing , and whether the Testing was In-Competition or Out-of-Competition .
The report shall also list for each Rider concerned all decisions taken in anti -doping at the national level indicating the category (elite or other), the anti -doping rule violation charged or committed, the date of Testing , whether the Testing was Out-of-Competition or In-Competition and, if In-Competition , the name and date of the Event , the penalties imposed, the date of the decision and the body which imposed them.
The National Federation shall be liable to contribute to the UCI Anti-Doping Tribunal ’s costs in accordance with Article 8.
3.1.
Each National Federation shall do its best to conduct anti -doping Education in coordination with its National Anti -Doping Organization .
Roles and Responsibilities of Teams The Team is responsible for all costs incurred by the UCI and any Delegated Third Par ties in relation to the management of any anti-doping rule violation (s) committed by its Licen ce-Holders .
The Team responsible is: a) the Team of which the Licen ce-Holder is a member at the time that the anti -doping rule violation is committed; this Team remains responsible also when the Licence -Holder is no longer part of the Team for any reason and until such time that the costs are paid in full; b) any other Team of which the Licence -Holder is a member after the moment that the anti -doping rule violation is committed and until such time that the costs are paid in full.
All Teams concerned are responsible jointly and severally.
The paying agent and each of the principal par tners of the Team (s) concerned shall be jointly and severally responsible for payment to the UCI.
The management costs include but are not limited to costs for: a) Testing , Results Management , disciplinary proceedings before any hearing body and CAS, proceedings before state courts.
b) staff and the overhead of the UCI; services of third parties involved in Testing and Results Management ; legal, scientific and other counsels; experts; witnesses; court fees, arbitration costs.
UCI CYCLING REGULATIONS Page 60 of 70 UCI ADR 2021 The m anagement costs also include the costs that are imposed upon the Licence -Holder by or in application of the present anti -doping rules and that remain unpaid by the Licence -Holder .
While the anti -doping rule violation proceedings are ongoing, the UCI may r equest from any Team concerned that the bank guarantee in force or the bank guarantee for the next registration year is increased with such amount as the UCI may determine so as to cover the expected amount of the costs.
Each Team is responsible for following and implementing any anti -doping related obligation provided for or decided in the Team Licensing process.
Each Team is knowledgeable of and comply with all antidoping policies and rules adopted pursuant to the Code and which are applicable to them .
Each Team shall cooperate with Anti-Doping Organizations investigating anti -doping rule violations.
INVOLVEMENT OF GOVERNMENTS [Intentionally omitted] ACCEPTANCE AND IMPLEMENTATION [Intentionally omitted] MONITORING AND ENFO RCING COMPLIANCE WITH THE CODE AND UNESCO CONVENTION [Intentionally omitted] MODIFICATION AND WITHDRAWAL [Intentionally omitted] INTERPRETATION OF THE SE ANTI -DOPING RULES The official text of th ese Anti -Doping Rules shall be published in English and French.
In the event of any conflict between the English and French versions, the English version shall prevail.
The comments annotating various provisions of these Anti -Doping Rules shall be used to interpret the Anti -Doping Rules.
These Anti -Doping Rul es shall be interpreted as an independent and autonomous text and not by reference to the existing law or statutes of the Signatories or governments.
The headings used for the various Parts and Articles of the se Anti -Doping Rules are for convenience only a nd shall not be deemed part of the substance of the Anti-Doping Rules or to affect in any way the language of the provisions to which they refer.
Where the term “days” is used in these Anti -Doping Rules or related Regulations , it shall mean calendar days u nless otherwise specified.
These Anti -Doping Rules shall not apply retroactively to matters pending before the date the Code is accepted by a Signatory and implemented in its rules.
However, pre -Code anti-doping rule violations would continue to count as "First violations" or "Second violations" for purposes of determining sanctions under Article 10 for subsequent post -Code violations.
The Introduction to the Anti -Doping Rules and Appendix 1 (Definiti ons) shall be considered integral parts of the se Anti -Doping Rules .
TRANSITIONAL PROVISIONS General Application of these Anti -Doping Rules These Anti-Doping Rules shall apply in full as of 1 January 2021 (the “Effective Date”).
UCI CYCLING REGULATIONS Page 61 of 70 UCI ADR 2021 Non-Retroactive except for Articles 10.9.4 and 17 or Unless Principle of “Lex Mitior” Applies Any anti -doping rule violation case which is pending as of the Effective Date and any anti-doping rule violation case brought after the Effective Date based on an anti -doping rule violation which occurred prior to the Effective Date shall be governed by the substantive anti -doping rules in effect at the time the alleged anti -doping rule vio lation occurred, and not by the substantive anti -doping rules set out in these Anti -Doping Rules or the Code , unless the panel hearing the case determines the principle of “lex mitior” appropriately applies under the circumstances of the case.
For these pu rposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 17 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedural rules in the se Anti -Doping Rules or the Code (provided, however, that Article 17 shall only be applied retroactively if the statute of limitations period has not already expired by the Effective Date).
Application to Decisions Rendered Prior to 1 January 2021 With respect to cases where a final decision finding an anti -doping rule violation has been rendered prior to the Effective Date, but the Rider or other Person is still serving the period of Ineligibility as of the Effective Date, the Rider or other Person may apply to the Anti-Doping Organization which had Results Management responsibility for the anti -doping rule violation to consider a reduction in the period of Ineligibility in light of the 20 21 Code .
Such application must be made before the period of Ineligibility has expired.
The decision rendered by the Anti-Doping Organization may be appealed pursuant to Article 13.2.
The 2021 Code shall have no application to any antidoping rule violation case where a final decision finding an anti -doping rule violation has been rendered and the period of Ineligibility has expired.
Multiple Violations Where the First Violation Occurs Prior to 1 January 2021 For purposes of assessing the period of Ineligibi lity for a second violation under Article 10.9.1, where the sanction for the first violation was determined based on pre -2021 Code rules, the period of Ineligibility which would have been assessed for that first violation had 2021 Code rules been applicabl e, shall be applied .
Comment to Article 27.4: Other than the situation described in Article 27.4, where a final decision finding an anti -doping rule violation has been rendered prior to the existence of the Code or under the Code in force before the 2021 C ode and the period of Ineligibility imposed has been completely served, the 2021 Code may not be used to re -characterize the prior violation.]
Additional Amendments These Anti -Doping Rules may be amended from time to time by the UCI, subject to the transitional provisions provided in this Article 27 or any other transitional provisions that the UCI may adopt with the amendment.
Changes to the Prohibited List Changes to the Prohibited Lis t and Technical Documents relating to substan ces or methods on the Prohibited List shall not, unless they specifically provide otherwise, be applied retroactively.
As an exception, however, when a Prohibited Substance or Prohibited Method has been removed from the Prohibited List , a Rider or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to the Anti-Doping Organization which had Results Management responsibility for the antidoping rule violation to consider a redu ction in the period of Ineligibility in light of the removal of the substance or method from the Prohibited List .
UCI CYCLING REGULATIONS Page 62 of 70 UCI ADR 2021 APPENDIX 1 DEFINITIONS [Comment to Definitions: Defined terms shall include their plural and possessive forms, as well as those terms used as other parts of speech.]
ADAMS : The Anti -Doping Administration and Management System is a Web -based database management tool for data entry, storage, sharing, and reporting designed to assist stakeholders and WADA in their anti -doping operations in conjunction with data protection legisl ation.
Administration : Providing, supplying, supervising, facilitating, or otherwise participating in the Use or Attempted Use by another Person of a Prohibited Substance or Prohibited Method .
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-Competition Testing unless the circumstances as a whole demonstrate that such Prohibited Substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance.
Adverse Analytical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory that, consistent with the International Standard for Laboratories, establishes in a Sample the presence of a Prohibited Substance or its Metabolites or Markers or evidence of th e Use of a Prohibited Method .
Adverse Passport Finding : A report identified as an Adverse Passport Finding as described in the applicable International Standards or the UCI Regulations Aggravating Circumstances : Circumstances involving, or actions by, a Rider or other Person which may justify the imposition of a period of Ineligibility greater than the standard sanction.
Such circumstances and actions shall include, but are not limited to: the Rider or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods , Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti -doping rule violations; a normal individual would be likely to enjoy the performance -enhancing effects of the anti -doping rule violation(s) beyond the otherwise applicable period of Ineligibility ; the Rider or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti -doping r ule violation; or the Rider or other Person engaged in Tampering during Results Management .
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility .
Anti-Doping Activities : Anti -doping Education and information, test distribution planning, maintenance of a Registered Testing Pool , managing Athlete Biological Passports , conducting Testing , organizing analysis of Samples , gathering of intelligence and conduct of investigations, processing of TUE applications, Results Management , monitoring and enforcing compliance with any Consequences imposed, and all other activities related to anti -dopin g to be carried out by or on behalf of an Anti-Doping Organization , as set out in the Code and/or the International Standards , these Anti -Doping Rules and/or the UCI Regulations .
Anti-Doping Organization : WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process.
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizatio ns that conduct Testing at their Events , International Federations, and National Anti -Doping Organizations .
Athlete Biological Passport : The program and methods of gathering and collating data as described in the International Standard for Testing and In vestigations , International Standard for Laboratories and applicable UCI Regulations .
Attempt : Purposely engaging in conduct that constitutes a substantial step in a course of conduct planned to culminate in the commission of an anti -doping rule violation.
Provided, however, there shall be no anti -doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt .
UCI CYCLING REGULATIONS Page 63 of 70 UCI ADR 2021 Atypical Finding : A report from a WADA -accredited laboratory or other WADA -approved laboratory which requires further inves tigation as provided by the International Standard for Laboratories or related Technical Documents prior to the determination of an Adverse Analytical Finding .
Atypical Passport Finding : A report described as an Atypical Passport Finding as described in the applicable International Standards or UCI Regulations .
CAS: The Court of Arbitration for Sport.
Code : The World Anti -Doping Code .
Competition : A single race organized separately (for example: each of the time trial and road race at the road World Championships; a stage in a stage race; a Cross -country Eliminator heat) or a series of races forming an organizational unit and producing a final winne r and/or general classification (for example: a track sprint race tournament, a cyclo -ball tournament).
Consequences of Anti -Doping Rule Violations (“Consequences ”): A Rider 's or other Person's violation of an anti -doping rule may result in one or more of the following: (a) Disqualification means the Rider ’s results in a particular Competition or Event are invalidated, with all resulting Consequences including forfeiture of any medals, points an d prizes; (b) Ineligibility means the Rider or other Person is barred on account of an anti -doping rule violation for a specified period of time from participating in any Competition or other activity or funding as provided in Article 10.14; (c) Provisiona l Suspension means the Rider or other Person is barred temporarily from participating in any Competition or activity prior to the final decision at a hearing conducted under Article 8; (d) Financial Consequences means a financial sanction imposed for an an ti-doping rule violation or to recover costs associated with an anti -doping rule violation; and (e) Public Disclosure means the dissemination or distribution of information to the general public or Persons beyond those Persons entitled to earlier notificat ion in accordance with Article 14.
Teams may also be subject to Consequences as provided in Article 11.
Contaminated Product : A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reason able Internet search.
Decision Limit : The value of the result for a threshold substance in a Sample , above which an Adverse Analytical Finding shall be reported, as defined in the International Standard for Laboratories.
Delegated Third Party : Any Person to which the UCI delegates any aspect of Doping Control or anti -doping Education programs including, but not limited to, third parties or other Anti-Doping Organizations that conduct Sample collection or other Doping Control services or anti -doping Educational programs for the UCI, or individuals serving as independent contractors who perform Doping Control services for the UCI (e.g., non -employee Doping Control officers or chaperones).
This definition does not include CAS.
Disqualification : See Consequences of Anti -Doping Rule Violations above.
Doping Control : All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences , including all steps and processes in between, including but not limited to Testing , investigations, whereabouts, TUEs, Sample collection and handling, laboratory analysis, Results Management , and investigations or proceedings relating to violations of Article 10.14 (Status During Ineligibility or Provisional Suspension ).
Education : The process of learning to instill v alues and develop behaviors that foster and protect the spirit of sport, and to prevent intentional and unintentional doping.
Event : A single Competition organized separately (for example: a one day road race) or a series of Competitions conducted together as a single organization (for example: road World Championships; a road stage race, a track World Cup Event ); a reference to Event includes reference to Competition , unless the context indicates otherwise.
Event Period : Period which starts at midnight the day before the Event is set to take place and finishes at midnight the day on which the Event ends.
However for Grand Tours the period commences at UCI CYCLING REGULATIONS Page 64 of 70 UCI ADR 2021 midnight three days before the Event is set to begin and finishes at midnight the day on which the Event ends (for example: the Event Period for a one -day road race scheduled to start on 19 December at 10:00 starts on 18 December at 00:01 and finishes on 19 December at 23:59).
Event Venues : At UCI International Events , the area where the Event is taking place as well as the accommodations where the Rider s participating in such Event are staying.
Fault : Fault is any breach of duty or any lack of care appropriate to a particular situation.
Factors to be taken into consideration in assessing a Rider ’s or other Person’s degree of Fault include, for example, the Rider ’s or other Person’s experience, wh ether the Rider or other Person is a Protected Person , special considerations such as impairment, the degree of risk that should have been perceived by the Rider and the level of care and investigation exercised by the Rider in relation to what should have been the perceived level of risk.
In assessing the Rider ’s or other Person’s degree of Fault , the circumstances considered must be specific and relevant to explain the Rider ’s or other Person ’s departure from the expected standard of behavior.
Thus, for e xample, the fact that a Rider would lose the opportunity to earn large sums of money during a period of Ineligibility , or the fact that the Rider only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineligibility under Article 10.6.1 or 10.6.2.
[Comment to Fault: The criteria for assessing a Rider ’s degree of Fault is the same under all Articles where Fault is to be considered.
However, under Article 10.6.2, no reduction of sanction is appropriate unless, when the degree of Fault is assessed, the conclusion is that No Significant Fault or Negligence on the part of the Rider or other Person was involved.]
Financial Consequences : See Consequences of Ant i-Doping Rule Violations above.