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Based APPENDIX 2 Examples of the Application of Article 10World Anti-Doping Code • 2015145on Substantial a ssistance, the period of Ineligibility could be suspended by three-quarters of 16 months. |
* The minimum period of Ineligibility would thus be four months. |
(Assume for purposes of illustration in this example that the panel suspends ten months and the period of Ineligibility would thus be six months.)4. |
Under Article 10.11, the period of Ineligibility, in principle, starts on the date of the final hearing decision. |
However, because the athlete promptly admitted the anti-doping rule violation, the period of Ineligibility could start as early as the date of Sample collection, but in any event the athlete would have to serve at least one-half of the Ineligibility period (i.e., three months) after the date of the hearing decision (Article 10.11.2).5. |
Since the adverse analytical finding was committed in a Competition, the panel would have to automatically disqualify the result obtained in that Competition (Article 9). |
6. |
According to Article 10.8, all results obtained by the athlete subsequent to the date of the Sample collection until the start of the period of Ineligibility would also be disqualified unless fairness requires otherwise.7. |
The information referred to in Article 14.3.2 must be Publicly disclosed, unless the athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).8. |
The athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the athlete’s period of Ineligibility (Article 10.12.1). |
However, the athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). |
Thus, the athlete would be allowed to return to training one and one-half months before the end of the period of Ineligibility.World Anti-Doping Code • 2015146EXAMPLE 2Facts: An adverse analytical finding results from the presence of a stimulant which is a Specified Substance in an In-Competition test (Article 2.1); the anti-doping organization is able to establish that the athlete committed the anti-doping rule violation intentionally; the athlete is not able to establish that the Prohibited Substance was used out-of-Competition in a context unrelated to sport performance; the athlete does not promptly admit the anti-doping rule violation as alleged; the athlete does provide Substantial assistance.Application of Consequences:1. |
The starting point would be Article 10.2. |
Because the anti-doping organization can establish that the anti-doping rule violation was committed intentionally and the athlete is unable to establish that the substance was permitted out-of-Competition and the use was unrelated to the athlete’s sport performance (Article 10.2.3), the period of Ineligibility would be four years (Article 10.2.1.2). |
2. |
Because the violation was intentional, there is no room for a reduction based on fault (no application of Articles 10.4 and 10.5). |
Based on Substantial assistance, the sanction could be suspended by up to three-quarters of the four years. |
* The minimum period of Ineligibility would thus be one year.3. |
Under Article 10.11, the period of Ineligibility would start on the date of the final hearing decision. |
4. |
Since the adverse analytical finding was committed in a Competition, the panel would automatically disqualify the result obtained in the Competition.5. |
According to Article 10.8, all results obtained by the athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be disqualified unless fairness requires otherwise.6. |
The information referred to in Article 14.3.2 must be Publicly disclosed, unless the athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).APPENDIX 2 Examples of the Application of Article 10World Anti-Doping Code • 20151477. |
The a thlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the athlete’s period of Ineligibility (Article 10.12.1). |
However, the athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). |
Thus, the athlete would be allowed to return to training two months before the end of the period of Ineligibility.EXAMPLE 3Facts: An adverse analytical finding results from the presence of an anabolic steroid in an out-of-Competition test (Article 2.1); the athlete establishes no Significant fault or negligence; the athlete also establishes that the adverse analytical finding was caused by a Contaminated Product.Application of Consequences:1. |
The starting point would be Article 10.2. |
Because the athlete can establish through corroborating evidence that he did not commit the anti-doping rule violation intentionally, i.e., he had no Significant fault in using a Contaminated Product (Articles 10.2.1.1 and 10.2.3), the period of Ineligibility would be two years (Article 10.2.2). |
2. |
In a second step, the panel would analyze the fault-related possibilities for reductions (Articles 10.4 and 10.5). |
Since the athlete can establish that the anti-doping rule violation was caused by a Contaminated Product and that he acted with no Significant fault or negligence based on Article 10.5.1.2, the applicable range for the period of Ineligibility would be reduced to a range of two years to a reprimand. |
The panel would determine the period of Ineligibility within this range, based on the athlete’s degree of fault. |
(Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of four months. |
)World Anti-Doping Code • 20151483. |
Ac cording to Article 10.8, all results obtained by the a thlete subsequent to the date of Sample collection until the start of the period of Ineligibility would be disqualified unless fairness requires otherwise.4. |
The information referred to in Article 14.3.2 must be Publicly disclosed, unless the athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).5. |
The athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the athlete’s period of Ineligibility (Article 10.12.1). |
However, the athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). |
Thus, the athlete would be allowed to return to training one month before the end of the period of Ineligibility.EXAMPLE 4Facts: An athlete who has never had an adverse analytical finding or been confronted with an anti-doping rule violation spontaneously admits that she used an anabolic steroid to enhance her performance. |
The athlete also provides Substantial assistance.Application of Consequences:1. |
Since the violation was intentional, Article 10.2.1 would be applicable and the basic period of Ineligibility imposed would be four years.2. |
There is no room for fault-related reductions of the period of Ineligibility (no application of Articles 10.4 and 10.5).3. |
Based on the athlete’s spontaneous admission (Article 10.6.2) alone, the period of Ineligibility could be reduced by up to one-half of the four years. |
Based on the athlete’s Substantial APPENDIX 2 Examples of the Application of Article 10World Anti-Doping Code • 2015149assistance (Article 10.6.1) alone, the period of Ineligibility could be suspended up to three-quarters of the four years. |
* Under Article 10.6.4, in considering the spontaneous admission and Substantial assistance together, the most the sanction could be reduced or suspended would be up to three-quarters of the four years. |
The minimum period of Ineligibility would be one year.4. |
The period of Ineligibility, in principle, starts on the day of the final hearing decision (Article 10.11). |
if the spontaneous admission is factored into the reduction of the period of Ineligibility, an early start of the period of Ineligibility under Article 10.11.2 would not be permitted. |
The provision seeks to prevent an athlete from benefitting twice from the same set of circumstances. |
However, if the period of Ineligibility was suspended solely on the basis of Substantial assistance, Article 10.11.2 may still be applied, and the period of Ineligibility started as early as the athlete’s last use of the anabolic steroid.5. |
According to Article 10.8, all results obtained by the athlete subsequent to the date of the anti-doping rule violation until the start of the period of Ineligibility would be disqualified unless fairness requires otherwise.6. |
The information referred to in Article 14.3.2 must be Publicly disclosed, unless the athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).7. |
The athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the athlete’s period of Ineligibility (Article 10.12.1). |
However, the athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). |
Thus, the athlete would be allowed to return to training two months before the end of the period of Ineligibility.World Anti-Doping Code • 2015150EXAMPLE 5Facts: An athlete Support Person helps to circumvent a period of Ineligibility imposed on an athlete by entering him into a Competition under a false name. |
The athlete Support Person comes forward with this anti-doping rule violation (Article 2.9) spontaneously before being notified of an anti-doping rule violation by an anti-doping organization.Application of Consequences:1. |
According to Article 10.3.4, the period of Ineligibility would be from two up to four years, depending on the seriousness of the violation. |
(Assume for purposes of illustration in this example that the panel would otherwise impose a period of Ineligibility of three years.)2. |
There is no room for fault-related reductions since intent is an element of the anti-doping rule violation in Article 2.9 (see comment to Article 10.5.2).3. |
According to Article 10.6.2, provided that the admission is the only reliable evidence, the period of Ineligibility may be reduced down to one-half. |
(Assume for purposes of illustration in this example that the panel would impose a period of Ineligibility of 18 months.)4. |
The information referred to in Article 14.3.2 must be Publicly disclosed unless the athlete Support Person is a Minor, since this is a mandatory part of each sanction (Article 10.13).EXAMPLE 6Facts: An athlete was sanctioned for a first anti-doping rule violation with a period of Ineligibility of 14 months, of which four months were suspended because of Substantial assistance. |
Now, the athlete commits a second anti-doping rule violation resulting from the presence of a stimulant which is not a Specified Substance in an In-Competition test (Article 2.1); the athlete establishes no Significant fault or negligence; and the athlete provided Substantial assistance. |
if this were a first violation, the panel would sanction the athlete with a period of Ineligibility of 16 months and suspend six months for Substantial assistance.APPENDIX 2 Examples of the Application of Article 10World Anti-Doping Code • 2015151Application of Consequences:1. |
Article 10.7 is applicable to the second anti-doping rule violation because Article 10.7.4.1 and Article 10.7.5 apply.2. |
Under Article 10.7.1, the period of Ineligibility would be the greater of: (a) six months; (b) one-half of the period of Ineligibility imposed for the first anti-doping rule violation without taking into account any reduction under Article 10.6 (in this example, that would equal one-half of 14 months, which is seven months); or (c) twice the period of Ineligibility otherwise applicable to the second anti-doping rule violation treated as if it were a first violation, without taking into account any reduction under Article 10.6 (in this example, that would equal two times 16 months, which is 32 months). |
Thus, the period of Ineligibility for the second violation would be the greater of (a), (b) and (c), which is a period of Ineligibility of 32 months.3. |
in a next step, the panel would assess the possibility for suspension or reduction under Article 10.6 (non-fault-related reductions). |
in the case of the second violation, only Article 10.6.1 (Substantial assistance) applies. |
Based on Substantial assistance, the period of Ineligibility could be suspended by three-quarters of 32 months. |
* The minimum period of Ineligibility would thus be eight months. |
(Assume for purposes of illustration in this example that the panel suspends eight months of the period of Ineligibility for Substantial assistance, thus reducing the period of Ineligibility imposed to two years.)4. |
Since the adverse analytical finding was committed in a Competition, the panel would automatically disqualify the result obtained in the Competition.5. |
According to Article 10.8, all results obtained by the athlete subsequent to the date of Sample collection until the start of the period of Ineligibility would also be disqualified unless fairness requires otherwise.World Anti-Doping Code • 20151526. |
The inf ormation referred to in Article 14.3.2 must be Publicly disclosed, unless the athlete is a Minor, since this is a mandatory part of each sanction (Article 10.13).7. |
The athlete is not allowed to participate in any capacity in a Competition or other sport-related activity under the authority of any Signatory or its affiliates during the athlete’s period of Ineligibility (Article 10.12.1). |
However, the athlete may return to train with a team or to use the facilities of a club or other member organization of a Signatory or its affiliates during the shorter of: (a) the last two months of the athlete’s period of Ineligibility, or (b) the last one-quarter of the period of Ineligibility imposed (Article 10.12.2). |
Thus, the athlete would be allowed to return to training two months before the end of the period of Ineligibility. |
* Upon the approval of Wada in exceptional circumstances, the maximum suspension of the period of Ineligibility for Substantial assistance may be greater than three-quarters, and reporting and publication may be delayed. |
APPENDIX 2 Examples of the Application of Article 10www.wada-ama.org/code |
WORLD ANTI-DOPING CODE 2009World Anti-Doping CodeThe World Anti-Doping Code was first adopted in 2003 and becameeffective in 2004. |
The enclosed incorporates revisions to the WorldAnti-Doping Code that were approved by the World Anti-DopingAgency Foundation Board on November 17, 2007. |
The revisedWorld Anti-Doping Code is effective as of January 1, 2009. |
Published by:World Anti-Doping AgencyStock Exchange Tower800 Place Victoria (Suite 1700)PO Box 120Montreal, Quebec,Canada H4Z 1B7URL: www.wada-ama.orgTel: +1 514 904 9232Fax: +1 514 904 8650E-mail: code@wada-ama.orgPURPOSE, SCOPE AND ORGANIZATION OFTHE WORLD ANTI-DOPING PROGRAM AND THE CODE ....................................11THE CODE ...............................................................................11THE WORLD ANTI-DOPING PROGRAM.................................12INTERNATIONAL STANDARD S..............................................12MODELS OF BEST PRACTICE AND GUIDELINES .................13FUNDAMENTAL RATIONALE FOR THE WORLD ANTI-DOPING CODE ..............14PART ONE :: DOPING CONTROLINTRODUCTION.......................................................................................................16ARTICLE 1: DEFINITION OF DOPING.................................................................18ARTICLE 2: ANTI-DOPING RULE VIOLATIONS.................................................182.1 PRESENCE OF A PROHIBITED SUBSTANCE OR ITSMETABOLITE S OR MARKER S IN AN ATHLETE ’S SAMPLE ........192.2 USE OR ATTEMPT ED USE BY AN ATHLETE OF APROHIBITED SUBSTANCE OR A PROHIBITED METHOD ...........212.3 REFUSING OR FAILING WITHOUT COMPELLINGJUSTIFICATION TO SUBMIT TO SAMPLE COLLECTION.............222.4 VIOLATION OF APPLICABLE REQUIREMENTSREGARDING ATHLETE AVAILABILITY FOROUT-OF-COMPETITION TESTING .................................................232.5 TAMPERING ORATTEMPT ED TAMPERINGWITH ANY PART OF DOPING CONTROL .......................................232.6 POSSESSION OF PROHIBITED SUBSTANCE SAND PROHIBITED METHOD S........................................................242.7 TRAFFICKING OR ATTEMPT EDTRAFFICKING IN ANYPROHIBITED SUBSTANCE ORPROHIBITED METHOD ..............252.8 ADMINISTRATION OR ATTEMPT ED ADMINISTRATIONTO ANY ATHLETE IN-COMPETITION OF ANYPROHIBITED METHOD OR PROHIBITED SUBSTANCE ..............25Table of ContentsARTICLE 3: PROOF OF DOPING .........................................................................263.1 BURDENS AND STANDARDS OF PROOF..............................263.2 METHODS OF ESTABLISHING FACTS AND PRESUMPTIONS .......26ARTICLE 4: THE PROHIBITED LIST ....................................................................294.1 PUBLICATION AND REVISION OF THE PROHIBITED LIST ........294.2 PROHIBITED SUBSTANCE S AND PROHIBITEDMETHOD S IDENTIFIED ON THE PROHIBITED LIST ...............304.3 CRITERIA FOR INCLUDING SUBSTANCES AND METHODSON THE PROHIBITED LIST .....................................................324.4 THERAPEUTIC USE ................................................................344.5 MONITORING PROGRAM .......................................................36ARTICLE 5: TESTING ............................................................................................375.1 TEST DISTRIBUTION PLANNING ..........................................375.2 STANDARDS FOR TESTING ....................................................385.3 RETIRED ATHLETE S RETURNING TO COMPETITION ..........38ARTICLE 6: ANAL YSIS OF SAMPLES .................................................................396.1 USE OF APPROVED LABORATORIES.....................................396.2 PURPOSE OF COLLECTION AND ANALYSIS OF SAMPLE S ......396.3 RESEARCH ON SAMPLE S......................................................406.4 STANDARDS FOR SAMPLE ANALYSIS AND REPORTING.....406.5 RETESTING SAMPLE S ...........................................................40ARTICLE 7: RESULTS MANAGEMENT ...............................................................417.1 INITIAL REVIEW REGARDING ADVERSE ANALYTICALFINDING S...............................................................................417.2 NOTIFICATION AFTER INITIAL REVIEW REGARDINGADVERSE ANALYTICAL FINDING S ........................................417.3 REVIEW OF ATYPICAL FINDING S ..........................................427.4 REVIEW OF OTHER ANTI-DOPING RULE VIOLATIONSNOT COVERED BY ARTICLES 7.1–7.3 ....................................447.5 PRINCIPLES APPLICABLE TO PROVISIONAL SUSPENSION S......457.6 RETIREMENT FROM SPORT ..................................................47ARTICLE 8: RIGHT TO A FAIR HEARING.............................................................488.1 FAIR HEARINGS......................................................................488.2 EVENT HEARINGS ..................................................................498.3 WAIVER OF HEARING.............................................................49ARTICLE 9: AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS ......50ARTICLE 10: SANCTIONS ON INDIVIDUALS.......................................................5110.1 DISQUALIFICATION OF RESULTS IN EVENT DURINGWHICH AN ANTI-DOPING RULE VIOLATION OCCURS .........5110.2 INELIGIBILITY FOR PRESENCE, USE OR ATTEMPT EDUSE,OR POSSESSION OF PROHIBITED SUBSTANCE SAND PROHIBITED METHOD S ................................................5210.3 INELIGIBILITY FOR OTHER ANTI-DOPING RULE VIOLATIONS .....5310.4 ELIMINATION OR REDUCTION OF THE PERIOD OFINELIGIBILITY FOR SPECIFIED SUBSTANCESUNDER SPECIFIC CIRCUMSTANCES....................................5410.5 ELIMINATION OR REDUCTION OF PERIOD OF INELIGIBILITYBASED ON EXCEPTIONAL CIRCUMSTANCES ......................5610.6 AGGRAVATING CIRCUMSTANCES WHICH MAY INCREASETHE PERIOD OF INELIGIBILITY .............................................6510.7 MULTIPLE VIOLATIONS..........................................................6610.8DISQUALIFICATION OF RESULTS IN COMPETITION SSUBSEQUENT TO SAMPLE COLLECTION OR COMMISSIONOF AN ANTI-DOPING RULE VIOLATION ...................................7110.9 COMMENCEMENT OF INELIGIBILITY PERIOD .....................7210.10 STATUS DURING INELIGIBILITY .............................................7410.11 REINSTATEMENT TESTING ....................................................7610.12 IMPOSITION OF FINANCIAL SANCTIONS..............................76ARTICLE 11: CONSEQUENCES TO TEAMS ..........................................................7711.1 TESTING OF TEAM SPORT S...................................................7711.2 CONSEQUENCES FOR TEAM SPORT S..................................7711.3 EVENT RULING BODY MAY ESTABLISH STRICTERCONSEQUENCES FOR TEAM SPORT S..................................77ARTICLE 12: SANCTIONS AGAINST SPORTING BODIES ..................................78ARTICLE 13: APPEALS..........................................................................................7813.1 DECISIONS SUBJECT TO APPEAL.........................................7813.2 APPEALS FROM DECISIONS REGARDING ANTI-DOPINGRULE VIOLATIONS, CONSEQUENCES , ANDPROVISIONAL SUSPENSION S...............................................7913.3 FAIL URE TO RENDER A TIMELY DECISION BY ANANTI-DOPING ORGANIZATION ...............................................8213.4 APPEALS FROM DECISIONS GRANTING OR DENYINGA THERAPEUTIC USE EXEMPTION .......................................8313.5 APPEALS FROM DECISIONS UNDER PART THREEAND PART FOUR OF THE CODE ............................................8313.6 APPEALS FROM DECISIONS SUSPENDING ORREVOKING LABORATORY ACCREDITATION...........................84ARTICLE 14: CONFIDENTIALITY AND REPORTING ............................................8414.1 INFORMATION CONCERNING ADVERSE ANALYTICALFINDING S, ATYPICAL FINDING S, AND OTHERPOTENTIAL ANTI-DOPING RULE VIOLATIONS .....................8414.2 PUBLIC DISCLOSURE ............................................................8614.3ATHLETE WHEREABOUTS INFORMATION............................8714.4 STATISTICAL REPORTING......................................................8814.5DOPING CONTROL INFORMATION CLEARINGHOUSE.........8814.6 DATA PRIVACY.........................................................................89ARTICLE 15: CLARIFICATION OF DOPING CONTROL RESPONSIBILITIES.......9015.1 EVENT TESTING .....................................................................9015.2 OUT-OF-COMPETITION TESTING ..........................................9115.3 RESULTS MANAGEMENT, HEARINGS AND SANCTIONS.....9215.4 MUTUAL RECOGNITION ........................................................94ARTICLE 16: DOPING CONTROL FOR ANIMALS COMPETING IN SPORT.........95ARTICLE 17: STATUTE OF LIMITATIONS ..............................................................95PART TWO: EDUCATION AND RESEARCHARTICLE 18: EDUCATION ......................................................................................9818.1 BASIC PRINCIPLE AND PRIMARY GOAL...............................9818.2 PROGRAMS AND ACTIVITIES.................................................9818.3 PROFESSIONAL CODES OF CONDUCT...............................10018.4 COORDINATION AND COOPERATION .................................100ARTICLE 19: RESEARCH .....................................................................................10119.1 PURPOSE AND AIMS OF ANTI-DOPING RESEARCH..........10119.2 TYPES OF RESEARCH ..........................................................10119.3 COORDINATION OF RESEARCH AND SHARING OF RESULTS ......10119.4 RESEARCH PRACTICES .......................................................10219.5 RESEARCH USING PROHIBITED SUBSTANCE SAND PROHIBITED METHOD S...............................................10219.6 MISUSE OF RESULTS...........................................................102PART THREE :: ROLES AND RESPONSIBILITIESARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES ...........................................................................10420.1 ROLES AND RESPONSIBILITIES OFTHE INTERNATIONAL OLYMPIC COMMITTEE.....................10420.2 ROLES AND RESPONSIBILITIES OFTHE INTERNATIONAL PARALYMPIC COMMITTEE..............10520.3 ROLES AND RESPONSIBILITIES OFINTERNATIONAL FEDERATIONS.........................................10620.4 ROLES AND RESPONSIBILITIES OF NATIONAL OLYMPICCOMMITTEE S AND NATIONAL PARALYMPIC COMMITTEES .......10820.5 ROLES AND RESPONSIBILITIES OFNATIONAL ANTI-DOPING ORGANIZATION S.......................11020.6 ROLES AND RESPONSIBILITIES OFMAJOR EVENT ORGANIZATIONS .........................................11020.7 ROLES AND RESPONSIBILITIES OF WADA ........................111ARTICLE 21: ADDITIONAL ROLES AND RESPONSIBILITIES OF ATHLETE S AND OTHER PERSON S ........................................11221.1 ROLES AND RESPONSIBILITIES OF ATHLETE S.................11221.2 ROLES AND RESPONSIBILITIES OFATHLETE SUPPORT PERSONNEL .......................................113ARTICLE 22: INVOLVEMENT OF GOVERNMENTS.............................................11322.1 EACH GOVERNMENT WILL TAKE ALL ACTIONSAND MEASURES NECESSARY TO COMPLY WITHTHE UNESCO CONVENTION ................................................11322.2 EACH GOVERNMENT WILL ENCOURAGE ALL OFITS PUBLIC SERVICES OR AGENCIES TO SHAREINFORMATION WITH ANTI-DOPING ORGANIZATIONS.......11322.3 EACH GOVERNMENT WILL RESPECT ARBITRATIONAS THE PREFERRED MEANS OF RESOLVING DOPINGRELATED DISPUTES ............................................................11422.4 ALL OTHER GOVERNMENTAL INVOLVEMENTWITH ANTI-DOPING WILL BE BROUGHT INTOHARMONY WITH THE CODE .....................................................11422.5 GOVERNMENTS SHOULD MEET THE EXPECTATIONSOF THIS ARTICLE BY JANUARY 1, 2010 .............................11422.6 FAILURE BY A GOVERNMENT TO RATIFY, ACCEPT,APPROVE OR ACCEDE TO THE UNESCO CONVENTIONBY JANUARY 1, 2010 ...........................................................114PART FOUR :: ACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONARTICLE 23: ACCEPTANCE, COMPLIANCE AND MODIFICATION....................11623.1 ACCEPTANCE OF THE CODE ...............................................11623.2 IMPLEMENTATION OF THE CODE .......................................11723.3 COMPLIANCE WITH THE CODE ...........................................11823.4 MONITORING COMPLIANCE WITH THE CODEAND UNESCO CONVENTION ...............................................11823.5 ADDITIONAL CONSEQUENCES OFA SIGNATORY ’S NONCOMPLIANCE WITH THE CODE ........12023.6 MODIFICATION OF THE CODE .............................................12123.7 WITHDRAWAL OF ACCEPTANCE OF THE CODE .................121ARTICLE 24: INTERPRETATION OF THE CODE ..................................................122ARTICLE 25: TRANSITIONAL PROVISIONS .......................................................12325.1 GENERAL APPLICATION OF THE 2009 CODE ....................12325.2 NON-RETROACTIVE UNLESS PRINCIPLEOF “LEX MITIOR” APPLIES...................................................12325.3 APPLICATION TO DECISIONS RENDEREDPRIOR TO THE 2009 CODE ..................................................12325.4 APPLICATION TO SPECIFIC PRE- CODE VIOLATIONS.........12425.5 ADDITIONAL CODE AMENDMENTS ....................................124APPENDIX 1DEFINITIONS.........................................................................................................12611 World Anti-Doping Code •2009[Comment: The Olympic Charter inforce as from July 7, 2007, and theUNESCO Convention adopted in Parison October 19, 2005, both recognizethe prevention of and the fight againstdoping in sport as a critical partof the mission of the InternationalOlympic Committee and UNESCOand also recognize the fundamentalrole of the Code. |
]PURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DOPING PROGRAM AND THE CODEThe purposes of the World Anti-Doping Code and the WorldAnti-Doping Program which supports it are: • To protect the Athlete s' fundamental right to participate indoping-free sport and thus promote health, fairness andequality for Athlete s worldwide, and • To ensure harmonized, coordinated and effective anti-dopingprograms at the international and national level with regardto detection, deterrence and prevention of doping.The CodeThe Code is the fundamental and universal document uponwhich the World Anti-Doping Program in sport is based. |
Thepurpose of the Code is to advance the anti-doping effortthrough universal harmonization of core anti-dopingelements. |
It is intended to be specific enough to achievecomplete harmonization on issues where uniformity isrequired, yet general enough in other areas to permit flexibilityon how agreed-upon anti-doping principles are implemented. |
12 World Anti-Doping Code •2009[Comment: The InternationalStandards contain much of thetechnical detail necessary forimplementing the Code. |
InternationalStandards, while expresslyincorporated into the Code byreference, will, in consultation withthe Signatories and governments, bedeveloped by experts and set forthin separate technical documents.It is important that the WADAExecutive Committee be able to maketimely changes to the InternationalStandards without requiring anyamendment of the Code or individualstakeholder rules and regulations. |
]The World Anti-Doping ProgramThe World Anti-Doping Program encompasses all of theelements needed in order to ensure optimal harmonizationand best practice in international and national anti-dopingprograms. |
The main elements are:Level 1: The CodeLevel 2: International Standard sLevel 3: Models of Best Practice and GuidelinesInternational Standard sInternational Standard s for different technical andoperational areas within the anti-doping program will bedeveloped in consultation with the Signatories andgovernments and approved by WADA . |
The purpose of theInternational Standard s is harmonization among Anti-Doping Organization s responsible for specific technicaland operational parts of the anti-doping programs.Adherence to the International Standard s is mandatory forcompliance with the Code . |
The International Standard smay be revised from time to time by the WADA ExecutiveCommittee after reasonable consultation with theSignatories and governments. |
Unless provided otherwisein the Code , International Standard s and all revisionsshall become effective on the date specified in theInternational Standard or revision.13 World Anti-Doping Code •2009Models of Best Practice and GuidelinesModels of best practice and guidelines based on the Code havebeen and will be developed to provide solutions in differentareas of anti-doping. |
The models will be recommended byWADA and made available to Signatories upon request but willnot be mandatory. |
In addition to providing models of anti-doping documentation, WADA will also make some trainingassistance available to the Signatories . |
[Comment: Following the adoptionof the 2009 Code, WADA willprepare amended model anti-dopingrules and regulations tailored tothe needs of each of the major groupsof Signatories (e.g., InternationalFederations and National Anti-DopingOrganizations, etc.). |
These modelrules and regulations will conformwith and be based on the Code,will be state of the art examples ofbest practices and will contain allof the detail (including referenceto International Standards)necessary to conduct an effectiveanti-doping program. |
These model rules and regulationswill provide alternatives from whichstakeholders may select. |
Somestakeholders may choose to adoptthe model rules and regulationsand other models of best practicesverbatim. |
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