text stringlengths 1 17.8k |
|---|
]World Anti-Doping Code • 201531the substance or method has the potential to mask the use of other Prohibited Substances or Prohibited Methods. |
4.3.3 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, and the classification of a substance as prohibited at all times or In-Competition only, is final and shall not be subject to challenge by an athlete or other Person based on an argument that the substance or method was not a masking agent or did not have the potential to enhance performance, represent a health risk or violate the spirit of sport.4.4 Therapeutic Use Exemptions (“TUEs”) 4.4.1 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 international Standard for Therapeutic Use Exemptions. |
4.4.2 An athlete who is not an International-level athlete should apply to his or her national anti-doping organization for a tue. |
if the national anti-doping organization denies the application, the athlete may appeal exclusively to the national-level appeal body described in Articles 13.2.2 and 13.2.3. |
[Comment to Article 4.3.2: As part of the process each year, all Signatories, governments and other interested Persons are invited to provide comments to WADA on the content of the Prohibited List. |
]World Anti-Doping Code • 20151 PARTDoping Control32ARTICLE 4 The Prohibited List 4.4.3 An a thlete who is an International- le vel a thlete should apply to his or her international Federation. |
4.4.3.1 Where the a thlete already has a tue granted by his or her national anti-doping organization for the substance or method in question, if that tue meets the criteria set out in the international Standard for Therapeutic Use Exemptions, then the international Federation must recognize it. |
If the international Federation considers that the tue does not meet those criteria and so refuses to recognize it, it must notify the athlete and his or her national anti-doping organization promptly, with reasons. |
The athlete or the national anti-doping organization shall have 21 days from such notification to refer the matter to Wada for review. |
if the matter is referred to W ada 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 W ada’s decision. |
if the matter is not referred to Wada for review, the tue becomes invalid for any purpose when the 21-day review deadline expires. |
4.4.3.2 if the athlete does not already have a tue granted by his or her national [Comment to Article 4.4.3: If the International Federation 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 satisfaction with the criteria in the International Standard for Therapeutic Use Exemptions, the matter should not be referred to WADA. |
Instead, the file should be completed and re-submitted to the International Federation.If an International Federation chooses to test an Athlete who is not an International-Level Athlete, it must recognize a TUE granted to that Athlete by his or her National Anti-Doping Organization.] |
World Anti-Doping Code • 201533anti-doping organization for the substance or method in question, the athlete must apply directly to his or her international Federation for a tue as soon as the need arises. |
if the international Federation (or the national anti-doping organization , where it has agreed to consider the application on behalf of the international Federation) denies the athlete’s application, it must notify the athlete promptly, with reasons. |
if the international Federation grants the athlete’s application, it must notify not only the athlete but also his or her national anti-doping organization, and if the national anti-doping organization considers that the tue does not meet the criteria set out in the international Standard for Therapeutic Use Exemptions, it has 21 days from such notification to refer the matter to Wada for review. |
if the national anti-doping organization refers the matter to Wada for review, the tue granted by the international Federation remains valid for international-level Competition and out-of-Competition testing (but is not valid for national-level Competition) pending Wada’s decision. |
if the national anti-doping organization does not refer the matter to W ada for review, the tue granted by the international Federation becomes valid for national-level Competition as well when the 21-day review deadline expires. |
4.4.4 A Major event organization may require athletes to apply to it for a tue if they wish to use a Prohibited Substance or a Prohibited Method in connection with the event. |
in that case:World Anti-Doping Code • 20151 PARTDoping Control34ARTICLE 4 The Prohibited List 4.4.4.1 The Major e vent o rganization must ensure a process is available for an athlete to apply for a tue if he or she does not already have one. |
if the tue is granted, it is effective for its event only. |
4.4.4.2 Where the athlete already has a tue granted by his or her national anti-doping organization or international Federation, if that tue meets the criteria set out in the international Standard for Therapeutic Use Exemptions, the Major event organization must recognize it. |
If the Major event organization decides the tue does not meet those criteria and so refuses to recognize it, it must notify the athlete promptly, explaining its reasons. |
4.4.4.3 A decision by a Major event organization not to recognize or not to grant a tue may be appealed by the athlete exclusively to an independent body established or appointed by the Major event organization for that purpose. |
if the athlete does not appeal (or the appeal is unsuccessful), he or she may not use the substance or method in question in connection with the event, but any tue granted by his or her national anti-doping organization or international Federation for that substance or method remains valid outside of that event. |
[Comment to Article 4.4.4.3: For example, the CAS Ad Hoc Division or a similar body may act as the independent appeal body for particular Events, or WADA may agree to perform that function. |
If neither CAS nor WADA are performing that function, WADA retains the right (but not the obligation) to review the TUE decisions made in connection with the Event at any time, in accordance with Article 4.4.6.] |
World Anti-Doping Code • 201535 4.4.5 i f an a nti- d oping o rganization chooses to collect a Sample from a Person who is not an International-level or national-level athlete, and that Person is using a Prohibited Substance or Prohibited Method for therapeutic reasons, the anti-doping organization may permit him or her to apply for a retroactive tue. |
4.4.6 Wada must review an international Federation’s decision not to recognize a tue granted by the national anti-doping organization that is referred to it by the athlete or the athlete’s national anti-doping organization. |
in addition, W ada must review an international Federation’s decision to grant a tue that is referred to it by the athlete’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 international Standard for Therapeutic Use Exemptions, W ada will not interfere with it. |
if the tue decision does not meet those criteria, W ada will reverse it. |
4.4.7 Any tue decision by an international Federation (or by a national anti-doping organization where it has agreed to consider the application on behalf of an international Federation) that is not reviewed by Wada, or that is reviewed by Wada but is not reversed upon review, may be appealed by the athlete and/or the athlete’s national anti-doping organization, exclusively to CaS. |
[Comment to Article 4.4.6: 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 4.4.6; and (b) any review it chooses to conduct, where the decision being reviewed is reversed.] |
[Comment to Article 4.4.7: In such cases, the decision being appealed is the International Federation’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 decision. |
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. |
]World Anti-Doping Code • 20151 PARTDoping Control36ARTICLE 4 The Prohibited ListARTICLE 5 Testing and Investigations 4.4.8 A decision by Wad a to reverse a tue decision may be appealed by the athlete, the national anti-doping organization and/or the international Federation affected, exclusively to CaS. |
4.4.9 A failure to take action 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.4.5 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 patterns of misuse in sport. |
Wada shall publish, in advance of any testing, the substances that will be monitored. |
Laboratories will report the instances of reported use or detected presence of these substances to Wada periodically on an aggregate basis by sport and whether the Samples were collected In-Competition or out–of-Competition. |
Such reports shall not contain additional information regarding specific Samples. |
Wada shall make available to international Federations and national anti-doping organizations, on at least an annual basis, aggregate statistical information by sport regarding the additional substances. |
Wada shall implement measures to ensure that strict anonymity of individual athletes is maintained with respect to such reports. |
The reported use or detected presence of a monitored substance shall not constitute an anti-doping rule violation.ARTICLE 5 TESTING AND INVESTIGATIONS5.1 Purpose of Testing and Investigations testing and investigations shall only be undertaken for anti-doping purposes. |
World Anti-Doping Code • 201537 5.1.1 testing shall be undertaken to obtain analytical evidence as to the athlete’s compliance (or non-compliance) with the strict Code prohibition on the presence/use of a Prohibited Substance or Prohibited Method. |
5.1.2 investigations shall be undertaken: (a) in relation to atypical findings and adverse Passport findings, in accordance with Articles 7.4 and 7.5 respectively, gathering intelligence or evidence (including, in particular, analytical evidence) in order to determine whether an anti-doping rule violation has occurred under Article 2.1 and/or Article 2.2; and (b) in relation to other indications of potential anti-doping rule violations, in accordance with Articles 7.6 and 7.7, gathering intelligence or evidence (including, in particular, non-analytical evidence) in order to determine whether an anti-doping rule violation has occurred under any of Articles 2.2 to 2.10.5.2 Scope of Testing Any athlete 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 jurisdictional limitations for event testing set out in Article 5.3: 5.2.1 Each national anti-doping organization shall have In-Competition and out-of-Competition testing authority over all athletes who are nationals, residents, license-holders or members of sport organizations of that country or who are present in that national anti-doping organization’s country. |
5.2.2 Each international Federation shall have In-Competition and out-of-Competition testing authority over all athletes who are subject to its rules, including those who participate in International events or who participate in events governed by the rules of that international World Anti-Doping Code • 20151 PARTDoping Control38Federation, or who are members or license-holders of that international Federation or its member National Federations , or their members. |
5.2.3 Each Major e vent o rganization, including the international Olympic Committee and the international Paralympic Committee, shall have In-Competition testing authority for its events and out-of-Competition testing authority over all athletes entered in one of its future events or who have otherwise been made subject to the testing authority of the Major event organization for a future event. |
5.2.4 Wada shall have In-Competition and out-of-Competition testing authority as set out in Article 20. |
5.2.5 anti-doping organizations may test any athlete over whom they have testing authority who has not retired, including athletes serving a period of Ineligibility. |
5.2.6 if an international Federation or Major event organization delegates or contracts 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 international Federation or Major event organization shall be notified.ARTICLE 5 Testing and Investigations[Comment to Article 5.2: Additional authority to conduct Testing may be conferred by means of bilateral or multilateral agreements among Signatories. |
Unless the Athlete has identified a 60-minute Testing window during the following-described time period, or otherwise consented to Testing during that period, before Testing an Athlete between the hours of 11:00 p.m. and 6:00 a.m., an Anti-Doping Organization should have serious and specific suspicion that the Athlete may be engaged in doping. |
A challenge to whether an Anti-Doping Organization had sufficient suspicion for Testing during this time period shall not be a defense to an anti-doping rule violation based on such test or attempted test. |
]World Anti-Doping Code • 2015395.3 Ev ent Testing 5.3.1 Except as otherwise provided below, only a single organization should be responsible for initiating and directing testing at event venues during an event Period. |
At International events, the collection of Samples shall be initiated and directed by the international organization which is the ruling body for the event (e.g., the international Olympic Committee for the Olympic games, the international Federation for a World Championship, and the Pan-American Sports Organization for the Pan American Games). |
At national events, the collection of Samples shall be initiated and directed by the national anti-doping organization of that country. |
At the request of the ruling body for an event, any testing during the event Period outside of the event venues shall be coordinated with that ruling body. |
5.3.2 if an anti-doping organization which would otherwise have testing authority but is not responsible for initiating and directing testing at an event desires to conduct testing of athletes at the event venues during the event Period, the anti-doping organization shall first confer with the ruling body of the event to obtain permission to conduct and coordinate such testing. |
if the anti-doping organization is not satisfied with the response from the ruling body of the event, the anti-doping organization may, in accordance with procedures published by W ada, 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 ruling body for the event. |
[Comment to Article 5.3.1: Some ruling bodies for International Events may be doing their own Testing outside of the Event Venues during the Event Period and thus want to coordinate that Testing with National Anti-Doping Organization Testing. |
]World Anti-Doping Code • 20151 PARTDoping Control40ARTICLE 5 Testing and InvestigationsWa da ’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 rules of the ruling body of the event.5.4 Test Distribution Planning 5.4.1 Wada, in consultation with international Federations and other anti-doping organizations, will adopt a Technical Document under the international Standard for Testing and investigations that establishes by means of a risk assessment which Prohibited Substances and/or Prohibited Methods are most likely to be abused in particular sports and sport disciplines. |
5.4.2 Starting with that risk assessment, each anti-doping organization with testing authority shall develop and implement an effective, intelligent and proportionate test distribution plan that prioritizes appropriately between disciplines, categories of athletes, types of testing, types of Samples collected, and types of Sample analysis, all in compliance with the requirements of the international Standard for Testing and investigations. |
Each anti-doping organization shall provide Wada upon request with a copy of its current test distribution plan. |
[Comment to Article 5.3.2: Before giving approval to a National Anti-Doping Organization to initiate and conduct Testing at an International Event, WADA shall consult with the international organization which is the ruling body for the Event. |
Before giving approval to an International Federation 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 other organizations to which it delegates responsibility for Sample collection or other aspects of the Doping Control process. |
]World Anti-Doping Code • 201541 5.4.3 Wher e reasonably feasible, testing shall be coordinated through adaMS or another system approved by Wada, in order to maximize the effectiveness of the combined testing effort and to avoid unnecessary repetitive testing.5.5 Testing Requirements All testing shall be conducted in conformity with the international Standard for Testing and investigations.5.6 Athlete Whereabouts Information athletes who have been included in a registered testing Pool by their international Federation and/or national anti-doping organization shall provide whereabouts information in the manner specified in the international Standard for Testing and investigations. |
The international Federations and national anti-doping organizations shall coordinate the identification of such athletes and the collection of their whereabouts information. |
Each international Federation and national anti-doping organization shall make available, through adaMS or another system approved by W ada, a list which identifies those athletes included in its registered testing Pool either by name or by clearly defined, specific criteria. |
athletes shall be notified before they are included in a registered testing Pool and when they are removed from that pool. |
The whereabouts information they provide while in the registered testing Pool will be accessible, through adaMS or another system approved by Wada, to Wada and to other anti-doping organizations having authority to test the athlete as provided in Article 5.2. |
This information shall be maintained in strict confidence at all times; shall be used exclusively for purposes of planning, coordinating or conducting doping Control, providing information relevant to the athlete biological Passport or other analytical results, to support an investigation into a potential anti-doping rule violation, or to support proceedings alleging an anti-doping rule violation; and shall be destroyed after it is no longer relevant for these purposes in accordance with the international Standard for the Protection of Privacy and Personal information.World Anti-Doping Code • 20151 PARTDoping Control42ARTICLE 5 Testing and InvestigationsARTICLE 6 Analysis of Samples5.7 Retired Athl etes Returning to Competition 5.7.1 if an International- or national-level athlete in a registered testing Pool retires and then wishes to return to active participation in sport, the athlete shall not compete in International events or national events until the athlete has made himself or herself available for testing, by giving six months prior written notice to his or her international Federation and national anti-doping organization. |
Wada, in consultation with the relevant international Federation and national anti-doping organization, may grant an exemption to the six-month written notice rule where the strict application of that rule would be manifestly unfair to an athlete. |
This decision may be appealed under Article 13. |
5.7.1.1 Any competitive results obtained in violation of Article 5.7.1 shall be disqualified. |
5.7.2 if an athlete retires from sport while subject to a period of Ineligibility and then wishes to return to active competition in sport, the athlete shall not compete in International events or national events until the athlete has made himself or herself available for testing by giving six months prior written notice (or notice equivalent to the period of Ineligibility remaining as of the date the athlete retired, if that period was longer than six months) to his or her international Federation and national anti-doping organization. |
5.8 Investigations and Intelligence Gathering anti-doping organizations shall ensure they are able to do each of the following, as applicable and in accordance with the international Standard for Testing and investigations: 5.8.1 Obtain, assess and process anti-doping intelligence from all available sources to inform World Anti-Doping Code • 201543the development of an effective, intelligent and proportionate test distribution plan, to plan target testing, and/or to form the basis of an investigation into a possible anti-doping rule violation(s); and 5.8.2 investigate atypical findings and adverse Passport findings, in accordance with Articles 7.4 and 7.5 respectively; and 5.8.3 i nvestigate any other analytical or non-analytical information or intelligence that indicates a possible anti-doping rule violation(s), in accordance with Articles 7.6 and 7.7, in order either to rule out the possible violation or to develop evidence that would support the initiation of an anti-doping rule violation proceeding.ARTICLE 6 ANALYSIS OF SAMPLESSamples shall be analyzed in accordance with the following principles:6.1 Use of Accredited and Approved Laboratories For purposes of Article 2.1, Samples shall be analyzed only in Wada-accredited laboratories or laboratories otherwise approved by Wada. |
The choice of the Wada-accredited or Wada-approved laboratory used for the Sample analysis shall be determined exclusively by the anti-doping organization responsible for results management. |
[Comment to Article 6.1: For cost and geographic access reasons, WADA may approve laboratories which are not WADA-accredited to perform particular analyses, for example, analysis of blood which should be delivered from the collection site to the laboratory within a set deadline. |
Before approving any such laboratory, WADA will ensure it meets the high analytical and custodial standards required by WADA.Violations of Article 2.1 may be established only by Sample analysis performed by a WADA-accredited laboratory or another laboratory approved by WADA. |
Violations of other Articles may be established using analytical results from other laboratories so long as the results are reliable. |
]World Anti-Doping Code • 20151 PARTDoping Control44ARTICLE 6 Analysis of Samples6.2 Purpose of Anal ysis of Samples Samples shall be analyzed to detect Prohibited Substances and Prohibited Methods identified on the Prohibited list and other substances as may be directed by Wada pursuant to Article 4.5, or to assist an anti-doping organization in profiling relevant parameters in an athlete’s urine, blood or other matrix, including DNA or genomic profiling, or for any other legitimate anti-doping purpose . |
Samples may be collected and stored for future analysis. |
6.3 Research on Samples No Sample may be used for research without the a thlete’s written consent. |
Samples used for purposes other than Article 6.2 shall have any means of identification removed such that they cannot be traced back to a particular athlete.6.4 Standards for Sample Analysis and Reporting Laboratories shall analyze Samples and report results in conformity with the international Standard for Laboratories. |
To ensure effective testing, the Technical Document referenced at Article 5.4.1 will establish risk assessment-based Sample analysis menus appropriate for particular sports and sport disciplines, and laboratories shall analyze Samples in conformity with those menus, except as follows: 6.4.1 anti-doping organizations may request that laboratories analyze their Samples using more extensive menus than those described in the Technical Document. |
[Comment to Article 6.3: As is the case in most medical contexts, use of anonymized Samples for quality assurance, quality improvement, or to establish reference populations is not considered research. |
][Comment to Article 6.2: For example, relevant profile information could be used to direct Target Testing or to support an anti-doping rule violation proceeding under Article 2.2, or both. |
]World Anti-Doping Code • 201545 6.4.2 a nti- d oping o rganizations may request that laboratories analyze their Samples using less extensive menus than those described in the Technical Document only if they have satisfied Wada that, because of the particular circumstances of their country or sport, as set out in their test distribution plan, less extensive analysis would be appropriate. |
6.4.3 As provided in the international Standard for Laboratories, laboratories at their own initiative and expense may analyze Samples for Prohibited Substances or Prohibited Methods not included on the Sample analysis menu described in the Technical Document or specified by the testing authority. |
Results from any such analysis shall be reported and have the same validity and Consequence as any other analytical result.6.5 Further Analysis of Samples Any Sample may be subject to further analysis by the anti-doping organization responsible for results management at any time before both the A and B Sample analytical results (or A Sample result where B Sample analysis has been waived or will not be performed) have been communicated by the anti-doping organization to the athlete as the asserted basis for an Article 2.1 anti-doping rule violation. |
[Comment to Article 6.4: The objective of this Article is to extend the principle of “Intelligent Testing” to the Sample analysis menu so as to most effectively and efficiently detect doping. |
It is recognized that the resources available to fight doping are limited and that increasing the Sample analysis menu may, in some sports and countries, reduce the number of Samples which can be analyzed. |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.