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For example,an International Federation by itsCongress and WADA by itsFoundation Board. |
][Comment to Article 23.1.2: Thoseprofessional leagues that are notcurrently under the jurisdiction ofany government or InternationalFederation will be encouraged toaccept the Code. |
]117 World Anti-Doping Code •200923.2 Implementation of the Code23.2.1 The Signatories shall implement applicableCode provisions through policies, statutes, rulesor regulations according to their authority andwithin their relevant spheres of responsibility.23.2.2 The following Articles (and correspondingComments) as applicable to the scope of theanti-doping activity which the Anti-DopingOrganization performs must be implemented bySignatories without substantive change(allowing for any non-substantive changes to thelanguage in order to refer to the organization’sname, sport, section numbers, etc. |
):• Article 1 (Definition of Doping)• Article 2 (Anti-Doping Rule Violations)• Article 3 (Proof of Doping)• Article 4.2.2 (Specified Substances)• Article 4.3.3 (WADA’s Determinationof the Prohibited List )• Article 7.6 (Retirement from Sport)• Article 9 (Automatic Disqualificationof Individual Results)• Article 10 (Sanctions on Individuals)(continued)[Comment to Article 23.2.2: Nothing inthe Code precludes an Anti-DopingOrganization from adopting andenforcing its own specific disciplinaryrules for conduct by Athlete SupportPersonnel related to doping butwhich does not, in and of itself,constitute an anti-doping ruleviolation under the Code. |
Forexample, a National or InternationalFederation could refuse to renew thelicense of a coach when multipleAthletes have committed anti-dopingrule violations while under thatcoach's supervision. |
]118 World Anti-Doping Code •2009• Article 11 ( Consequences to Teams)• Article 13 (Appeals) with the exceptionof 13.2.2 and 13.5• Article 15.4 (Mutual Recognition)• Article 17 (Statute of Limitations)• Article 24 (Interpretation of the Code )• Appendix 1 - DefinitionsNo additional provision may be added to aSignatory ’s rules which changes the effect ofthe Articles enumerated in this Article.23.2.3 In implementing the Code , the Signatoriesare encouraged to use the models of bestpractice recommended by WADA . |
23.3 Compliance with the Code23.3.1 Signatories shall not be considered incompliance with the Code until they haveaccepted and implemented the Code inaccordance with Articles 23.1 and 23.2. |
Theyshall no longer be considered in complianceonce acceptance has been withdrawn.23.4 Monitoring Compliance withthe Code and UNESCO Convention23.4.1 Compliance with the Code shall be monitoredby WADA or as otherwise agreed by WADA .Compliance with the commitments reflectedin the UNESCO Convention will be monitoredas determined by the Conference of Partiesto the UNESCO Convention , followingconsultation with the state parties and WADA .Acceptance, Compliance,Modification & Interpretation4PARTArticle 23: Acceptance, Compliance, and Modification 119 World Anti-Doping Code •2009WADA shall advise governments on theimplementation of the Code by the Signatoriesand shall advise Signatories on theratification, acceptance, approval or accessionto the UNESCO Convention by governments.23.4.2 To facilitate monitoring, each Signatory shallreport to WADA on its compliance with theCode every second year and shall explainreasons for noncompliance. |
23.4.3 Failur e by a Signatory to provide complianceinformation requested by WADA for purposesof Article 23.4.2, or failure by a Signatory tosubmit information to WADA as required byother articles of the Code , may be considerednoncompliance with the Code .23.4.4 All WADA compliance reports shall beapproved by the WADA Foundation Board.WADA shall dialog with a Signatory beforereporting that Signatory noncompliant. |
AnyWADA report which concludes that aSignatory is noncompliant must be approvedby the WADA Foundation Board at a meetingheld after the Signatory has been given anopportunity to submit its written argumentsto the Foundation Board. |
The conclusion bythe WADA Foundation Board that a Signatoryis noncompliant may be appealed pursuantto Article 13.5.23.4.5WADA shall make reports on compliance tothe International Olympic Committee, theInternational Paralympic Committee,International Federations, and Major EventOrganization s. These reports shall also bemade available to the public.120 World Anti-Doping Code •200923.4.6 WADA shall consider explanations fornoncompliance and, in extraordinary situations,may recommend to the International OlympicCommittee, International Paralympic Committee,International Federations, and Major EventOrganization s that they provisionally excuse thenoncompliance.23.5 Additional Consequences of a Signatory ’sNoncompliance with the CodeNoncompliance with the Code by any Signatory mayresult in consequences in addition to ineligibility tobid for Event s as set forth in Articles 20.1.8(International Olympic Committee), 20.3.10(International Federations) and 20.6.6 (Major EventOrganizations), for example: forfeiture of offices andpositions within WADA ; ineligibility or non-admissionof any candidature to hold any International Event in acountry; cancellation of International Event s;symbolic consequences and other consequencespursuant to the Olympic Charter.The imposition of such consequences may beappealed to CAS by the affected Signatory pursuantto Article 13.5.Acceptance, Compliance,Modification & Interpretation4PARTArticle 23: Acceptance, Compliance, and Modification [Comment to Article 23.4.6: WADArecognizes that amongst Signatoriesand governments, there will besignificant differences in anti-dopingexperience, resources, and the legalcontext in which anti-dopingactivities are carried out. |
Inconsidering whether an organizationis compliant, WADA will considerthese differences. |
]121 World Anti-Doping Code •200923.6 Modification of the Code23.6.1 WADA shall be responsible for overseeingthe evolution and improvement of theCode . |
Athlete s and all Signatories andgovernments shall be invited to participate insuch process. |
23.6.2 WADA shall initiate proposed amendments tothe Code and shall ensure a consultativeprocess to both receive and respond torecommendations and to facilitate reviewand feedback from Athlete s, Signatories andgovernments on recommended amendments.23.6.3 Amendments to the Code shall, afterappropriate consultation, be approved by atwo-thirds majority of the WADA FoundationBoard including a majority of both the publicsector and Olympic Movement memberscasting votes. |
Amendments shall, unlessprovided otherwise, go into effect three (3)months after such approval. |
23.6.4Signatories shall modify their rules toincorporate the 2009 Code on or beforeJanuary 1, 2009, to take effect on January 1,2009. |
Signatories shall implement anysubsequent applicable amendment to theCode within one (1) year of approval by theWADA Foundation Board. |
23.7 Withdrawal of Acceptance of the CodeSignatories may withdraw acceptance of the Codeafter providing WADA six-month written notice oftheir intent to withdraw.122 World Anti-Doping Code •2009ARTICLE 24: INTERPRETATION OF THE CODE24.1 The official text of the Code shall be maintained byWADA and shall be published in English and French.In the event of any conflict between the English andFrench versions, the English version shall prevail.24.2 The comments annotating various provisions of theCode shall be used to interpret the Code.24.3 The Code shall be interpreted as an independent andautonomous text and not by reference to the existinglaw or statutes of the Signatories or governments.24.4 The headings used for the various Parts and Articlesof the Code are for convenience only and shall not bedeemed part of the substance of the Code or to affectin any way the language of the provisions to whichthey refer.24.5 The Code shall not apply retrospectively to matterspending before the date the Code is accepted by aSignatory and implemented in its rules. |
However,pre-Code anti-doping rule violations would continueto count as "First violations" or "Second violations"for purposes of determining sanctions underArticle 10 for subsequent post-Code violations.24.6 The Purpose, Scope and Organization of the WorldAnti-Doping Program and the Code and APPENDIX I -DEFINITIONS shall be considered integral parts ofthe Code.Acceptance, Compliance,Modification & Interpretation4PARTArticle 24: Interpretation of the CodeArticle 25: Transitional Provisions123 World Anti-Doping Code •2009ARTICLE 25: TRANSITIONAL PROVISIONS25.1 General Application of the 2009 CodeThe 2009 Code shall apply in full after January 1, 2009(the “Effective Date”).25.2 Non-Retroactive Unless Principle of "Lex Mitior" AppliesWith respect to any anti-doping rule violation casewhich is pending as of the Effective Date and any anti-doping rule violation case brought after the EffectiveDate based on an anti-doping rule violation whichoccurred prior to the Effective Date, the case shall begoverned by the substantive anti-doping rules ineffect at the time the alleged anti-doping ruleviolation occurred unless the panel hearing the casedetermines the principle of "lex mitior" appropriatelyapplies under the circumstances of the case.25.3 Application to Decisions Rendered Prior to the 2009 CodeWith respect to cases where a final decision findingan anti-doping rule violation has been rendered priorto the Effective Date, but the Athlete or other Personis still serving the period of Ineligibility as of theEffective Date, the Athlete or other Person may applyto the Anti-Doping Organization which had resultsmanagement responsibility for the anti-doping ruleviolation to consider a reduction in the period ofIneligibility in light of the 2009 Code . |
Such applicationmust be made before the period of Ineligibility hasexpired. |
The decision rendered by the Anti-DopingOrganization may be appealed pursuant to Article13.2. |
The 2009 Code shall have no application to anyanti-doping rule violation case where a final decisionfinding an anti-doping rule violation has beenrendered and the period of Ineligibility has expired.124 World Anti-Doping Code •200925.4 Application to Specific Pre- Code ViolationsFor purposes of applying Article 10.7.1, a pre- Codeanti-doping rule violation where the violation involveda substance which is categorized as a SpecifiedSubstance under the 2009 Code and the period ofIneligibility imposed was less than two (2) years, thepre- Code violation shall be considered a ReducedSanction (RS).25.5 Additional Code AmendmentsAny additional Code Amendments shall go intoeffect as provided in Article 23.6.Acceptance, Compliance,Modification & Interpretation4PARTArticle 25: Transitional Provisions[Comment to Article 25.4: Other thanthe situation described in Article 25.3,where a final decision finding ananti-doping rule violation has beenrendered prior to the Code or underthe Code before the 2009 Code andthe period of Ineligibility imposedhas been completely served, the2009 Code may not be used tore-characterize the prior violation. |
]APPENDIX ONE:DEFINITIONS126 World Anti-Doping Code •2009APPENDIX 1: DEFINITIONSADAMS: The Anti-Doping Administration and ManagementSystem is a Web-based database management tool for dataentry, storage, sharing, and reporting designed to assiststakeholders and WADA in their anti-doping operations inconjunction with data protection legislation.Adverse Analytical Finding: A report from a laboratory orother WADA- approved entity that, consistent with theInternational Standard for Laboratories and relatedTechnical Documents, identifies in a Sample the presenceof a Prohibited Substance or its Metabolite s or Marker s(including elevated quantities of endogenous substances)or evidence of the Use of a Prohibited Method . |
Anti-Doping Organization: A Signatory that is responsible foradopting rules for initiating, implementing or enforcing anypart of the Doping Control process. |
This includes, forexample, the International Olympic Committee, theInternational Paralympic Committee, other Major EventOrganizations that conduct Testing at their Event s, WADA ,International Federations, and National Anti-DopingOrganization s.Athlete: Any Person who participates in sport at theinternational level (as defined by each InternationalFederation), the national level (as defined by each NationalAnti-Doping Organization, including but not limited to thosePerson s in its Registered Testing Pool ), and any othercompetitor in sport who is otherwise subject to thejurisdiction of any Signatory or other sports organizationaccepting the Code . |
All provisions of the Code , including, forexample, Testing and therapeutic use exemptions, must beapplied to international- and national-level competitors.SomeNational Anti-Doping Organization s may elect to testand apply anti-doping rules to recreational-level or mastersDefinitions1APPENDIX127 World Anti-Doping Code •2009competitors who are not current or potential nationalcaliber competitors. |
National Anti-Doping Organization sare not required, however, to apply all aspects of the Codeto such Person s. Specific national rules may be establishedfor Doping Control for non-international-level or non-national-level competitors without being in conflict with theCode. |
Thus, a country could elect to test recreational-levelcompetitors but not require therapeutic use exemptions orwhereabouts information. |
In the same manner, a MajorEvent Organization holding an Event only for masters-levelcompetitors could elect to test the competitors but notrequire advance therapeutic use exemptions orwhereabouts information. |
For purposes of Article 2.8(Administration or Attempt ed Administration) and forpurposes of anti-doping information and education, anyPerson who participates in sport under the authority of anySignatory , government, or other sports organizationaccepting the Code is an Athlete . |
[Comment to Athlete: This definitionmakes it clear that all international-and national-caliber athletes aresubject to the anti-doping rules of theCode, with the precise definitions ofinternational- and national-levelsport to be set forth in the anti-dopingrules of the International Federationsand National Anti-DopingOrganizations, respectively. |
At thenational level, anti-doping rulesadopted pursuant to the Code shallapply, at a minimum, to all personson national teams and all personsqualified to compete in any nationalchampionship in any sport. |
Thatdoes not mean, however, that allsuch Athletes must be included ina National Anti-Doping Organization'sRegistered Testing Pool. |
Thedefinition also allows eachNational Anti-Doping Organization,if it chooses to do so, to expandits anti-doping program beyondnational-caliber athletes tocompetitors at lower levels ofcompetition. |
Competitors at alllevels of competition shouldreceive the benefit of anti-dopinginformation and education. |
]128 World Anti-Doping Code •2009Athlete Support Personnel: Any coach, trainer, manager, agent,team staff, official, medical, paramedical personnel, parent orany other Person working with, treating or assisting an Athleteparticipating in or preparing for sports Competition .Attempt: Purposely engaging in conduct that constitutes asubstantial step in a course of conduct planned toculminate in the commission of an anti-doping ruleviolation. |
Provided, however, there shall be no anti-dopingrule violation based solely on an Attempt to commit aviolation if the Person renounces the Attempt prior to itbeing discovered by a third party not involved in the Attempt .Atypical Finding: A report from a laboratory or other WADA -approved entity which requires further investigation asprovided by the International Standard for Laboratories orrelated Technical Documents prior to the determination ofan Adverse Analytical Finding .CAS: The Court of Arbitration for Sport.Code: The World Anti-Doping Code .Competition: A single race, match, game or singular athleticcontest. |
For example, a basketball game or the finals of theOlympic 100-meter race in athletics. |
For stage races andother athletic contests where prizes are awarded on a dailyor other interim basis the distinction between aCompetition and an Event will be as provided in the rules ofthe applicable International Federation.Consequences of Anti-Doping Rules Violations: An Athlete 'sor other Person 's violation of an anti-doping rule may resultin one or more of the following: (a) Disqualification meansthe Athlete ’s results in a particular Competition or Eventare invalidated, with all resulting Consequences includingforfeiture of any medals, points and prizes; (b) Ineli gibilit ymeans the Athlete or other Person is barred for a specifiedperiod of time from participating in any Competition orDefinitions1APPENDIX129 World Anti-Doping Code •2009other activity or funding as provided in Article 10.9; and(c)Provisional Sus pension means the Athlete or otherPerson is barred temporarily from participating in anyCompetition prior to the final decision at a hearingconducted under Article 8 (Right to a Fair Hearing).Disqualification: See Consequences of Anti-Doping RulesViolations above.Doping Control: All steps and processes from testdistribution planning through to ultimate disposition of anyappeal including all steps and processes in between suchas provision of whereabouts information, Sample collectionand handling, laboratory analysis, therapeutic useexemptions, results management and hearings.Event: A series of individual Competition s conductedtogether under one ruling body (e.g., the Olympic Games,FINA World Championships, or Pan American Games).Event Period: The time between the beginning and end of anEvent , as established by the ruling body of the Event . |
In-Competition: Unless provided otherwise in the rules of anInternational Federation or other relevant Anti-DopingOrganization , “In-Competition” means the periodcommencing twelve hours before a Competition in whichthe Athlete is scheduled to participate through the end ofsuch Competition and the Sample collection processrelated to such Competition .Independent Observer Program: A team of observers, underthe supervision of WADA , who observe and may provideguidance on the Doping Control process at certain Event sand report on their observations. |
Ineligibility: See Consequences of Anti-Doping RulesViolations, above.130 World Anti-Doping Code •2009Individual Sport: Any sport that is not a Team Sport .International Event: An Event where the InternationalOlympic Committee, the International ParalympicCommittee, an International Federation, a Major EventOrganization, or another international sport organization isthe ruling body for the Event or appoints the technicalofficials for the Event.International-Level Athlete: Athlete s designated by one ormore International Federations as being within theRegistered Testing Pool for an International Federation.International Standard: A standard adopted by WADA insupport of the Code . |
Compliance with an InternationalStandard (as opposed to another alternative standard,practice or procedure) shall be sufficient to conclude thatthe procedures addressed by the International Standardwere performed properly. |
International Standard s shallinclude any Technical Documents issued pursuant to theInternational Standard.Major Event Organizations: The continental associations ofNational Olympic Committee s and other internationalmulti-sport organizations that function as the ruling bodyfor any continental, regional or other International Event . |
Marker: A compound, group of compounds or biologicalparameter(s) that indicates the Useof a Prohibited Substanceor Prohibited Method.Metabolite: Any substance produced by a biotransformationprocess. |
Minor: A natural Person who has not reached the age ofmajority as established by the applicable laws of his or hercountry of residence. |
Definitions1APPENDIX131 World Anti-Doping Code •2009National Anti-Doping Organization: The entity(ies) designatedby each country as possessing the primary authority andresponsibility to adopt and implement anti-doping rules,direct the collection of Sample s, the management of testresults, and the conduct of hearings, all at the national level.This includes an entity which may be designated by multiplecountries to serve as regional Anti-Doping Organization forsuch countries. |
If this designation has not been made by thecompetent public authority(ies), the entity shall be thecountry's National Olympic Committee or its designee.National Event: A sport Event involving international- ornational-level Athlete s that is not an International Event .National Olympic Committee: The organization recognized bythe International Olympic Committee. |
The term NationalOlympic Committee shall also include the National SportConfederation in those countries where the National SportConfederation assumes typical National OlympicCommittee responsibilities in the anti-doping area.No Advance Notice: A Doping Control which takes place withno advance warning to the Athlete and where the Athlete iscontinuously chaperoned from the moment of notificationthrough Sample provision.No Fault or Negligence: The Athlete 's establishing that he orshe did not know or suspect, and could not reasonably haveknown or suspected even with the exercise of utmostcaution, that he or she had Used or been administered theProhibited Substance or Prohibited Method.No Significant Fault or Negligence: The Athlete 's establishingthat his or her fault or negligence, when viewed in thetotality of the circumstances and taking into account thecriteria for No Fault or Negligence , was not significant inrelationship to the anti-doping rule violation.132 World Anti-Doping Code •2009Out-of-Competition: Any Doping Control which is not In-Competition .Participant: Any Athlete or Athlete Support Personnel .Person: A natural Person or an organization or other entity. |
Possession: The actual, physical Possession , or theconstructive Possession (which shall be found only if thePerson has exclusive control over the Prohibited Substanceor Prohibited Method or the premises in which a ProhibitedSubstance or Prohibited Method exists); provided, however,that if the Person does not have exclusive control over theProhibited Substance or Prohibited Method or the premisesin which a Prohibited Substance or Prohibited Method exists,constructive Possession shall only be found if the Personknew about the presence of the Prohibited Substance orProhibited Method and intended to exercise control over it.Provided, however, there shall be no anti-doping rule violationbased solely on Possession if, prior to receiving notification ofany kind that the Person has committed an anti-doping ruleviolation, the Person has taken concrete actiondemonstrating that the Person never intended to havePossession and has renounced Possession by explicitlydeclaring it to an Anti-Doping Organization . |
Notwithstandinganything to the contrary in this definition, the purchase(including by any electronic or other means) of a ProhibitedSubstance or Prohibited Method constitutes Possession bythe Person who makes the purchase. |
[Comment to Possesion: Under thisdefinition, steroids found in anAthlete's car would constitute aviolation unless the Athleteestablishes that someone else usedthe car; in that event, the Anti-DopingOrganization must establish that,even though the Athlete did not haveexclusive control over the car, theAthlete knew about the steroids andintended to have control over thesteroids. |
Similarly, in the example ofsteroids found in a home medicinecabinet under the joint control of anAthlete and spouse, the Anti-DopingOrganization must establish that theAthlete knew the steroids were in thecabinet and that the Athlete intendedto exercise control over the steroids. |
]Definitions1APPENDIX133 World Anti-Doping Code •2009Prohibited List: The List identifying the ProhibitedSubstance s and Prohibited Method s.Prohibited Method: Any method so described on theProhibited List .Prohibited Substance: Any substance so described on theProhibited List .Provisional Hearing: For purposes of Article 7.5, anexpedited abbreviated hearing occurring prior to a hearingunder Article 8 (Right to a Fair Hearing) that provides theAthlete with notice and an opportunity to be heard in eitherwritten or oral form.Provisional Suspension: See Consequences of Anti-DopingRules Violations above.Publicly Disclose or Publicly Report: To disseminate ordistribute information to the general public or Person sbeyond those Person s entitled to earlier notification inaccordance with Article 14.Registered Testing Pool: The pool of top-level Athlete sestablished separately by each International Federation andNational Anti-Doping Organization who are subject to bothIn-Competition and Out-of-Competition Testing as part ofthat International Federation's or National Anti-DopingOrganization 's test distribution plan. |
Each InternationalFederation shall publish a list which identifies thoseAthlete s included in its Registered Testing Pool either byname or by clearly defined, specific criteria.Sample or Specimen: Any biological material collected forthe purposes of Doping Control . |
[Comment to Sample or Specimen: Ithas sometimes been claimed that thecollection of blood Samples violates thetenets of certain religious or culturalgroups. |
It has been determined thatthere is no basis for any such claim. |
]134 World Anti-Doping Code •2009Signatories: Those entities signing the Code and agreeing tocomply with the Code , including the International OlympicCommittee, International Federations, International ParalympicCommittee, National Olympic Committee s, NationalParalympic Committees, Major Event Organizations , NationalAnti-Doping Organization s, and WADA .Substantial Assistance: For purposes of Article 10.5.3, aPerson providing Substantial Assistance must: (1) fullydisclose in a signed written statement all information he orshe possesses in relation to anti-doping rule violations, and(2) fully cooperate with the investigation and adjudication ofany case related to that information, including, for example,presenting testimony at a hearing if requested to do so byan Anti-Doping Organization or hearing panel. |
Further, theinformation provided must be credible and must comprisean important part of any case which is initiated or, if no caseis initiated, must have provided a sufficient basis on which acase could have been brought.Tampering: Altering for an improper purpose or in animproper way; bringing improper influence to bear;interfering improperly; obstructing, misleading or engagingin any fraudulent conduct to alter results or prevent normalprocedures from occurring; or providing fraudulentinformation to an Anti-Doping Organization . |
Target Testing: Selection of Athlete s for Testing wherespecific Athlete s or groups of Athlete s are selected on anon-random basis for Testing at a specified time.Team Sport: A sport in which the substitution of players ispermitted during a Competition .Testing: The parts of the Doping Control process involvingtest distribution planning, Sample collection, Samplehandling, and Sample transport to the laboratory.Definitions1APPENDIX135 World Anti-Doping Code •2009Trafficking: Selling, giving, transporting, sending, deliveringor distributing a Prohibited Substance or Prohibited Method(either physically or by any electronic or other means) by anAthlete, Athlete Support Personnel or any other Personsubject to the jurisdiction of an Anti-Doping Organization toany third party; provided, however, this definition shall notinclude the actions of "bona fide" medical personnelinvolving a Prohibited Substance used for genuine and legaltherapeutic purposes or other acceptable justification, andshall not include actions involving Prohibited Substance swhich are not prohibited in Out-of-Competition Testingunless the circumstances as a whole demonstrate suchProhibited Substance s are not intended for genuine andlegal therapeutic purposes. |
UNESCO Convention: The International Convention againstDoping in Sport adopted by the 33rdsession of the UNESCOGeneral Conference on October 19, 2005 including any andall amendments adopted by the States Parties to theConvention and the Conference of Parties to theInternational Convention against Doping in Sport.Use: The utilization, application, ingestion, injection orconsumption by any means whatsoever of any ProhibitedSubstance or Prohibited Method .WADA: The World Anti-Doping Agency.136 World Anti-Doping Code •2009NOTES |
World Anti-DopingCode2003TABLE OF CONTENTSINTRODUCTIONPURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DOPING PROGRAM AND THE CODE .......................................................................1THE WORLD ANTI-DOPING PROGRAM.................................................................................1THE CODE ............................................................................................................................... .....1INTERNATIONAL STANDARDS ..............................................................................................2MODELS OF BEST PRACTICE ..................................................................................................2FUNDAMENTAL RATIONALE FOR THE WORLD ANTI-DOPING CODE ......................................3PART ONE: DOPING CONTROLINTRODUCTION........................................................................................... 6ARTICLE 1: DEFINITION OF DOPING...................................................... 8ARTICLE 2: ANTI-DDOPING RULE VIOLATIONS...................................... 82.1.......... |
THE PRESENCE OF A PROHIBITED SUBSTANCEOR ITS METABOLITES OR MARKERS IN AN ATHLETE’S BODIL Y SPECIMEN. |
......................................................................82.2..........USE OR ATTEMPTED USE OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD. |
................................................102.3............................................................................................................................ ...............102.4............................................................................................................................ |
...............112.5..........TAMPERING, OR ATTEMPTING TO TAMPER, WITH ANY PART OF DOPING CONTROL. |
....................................................112.6..........POSSESSION OF PROHIBITED SUBSTANCESAND METHODS ..................................................................................................112.7..........TRAFFICKING IN ANY PROHIBITED SUBSTANCE ORPROHIBITED METHOD . |
.............................................................................122.8............................................................................................................................ ...............12ARTICLE 3: PROOF OF DOPING............................................................. 123.1 ..........BURDENS AND STANDARDS OF PROOF.......................................................123.2 ..........METHODS OF ESTABLISHING FACTS AND PRESUMPTIONS........................................................................................12World Anti-Doping CodeMarch 2003Published 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.org10.5 ........ELIMINATION OR REDUCTION OF PERIOD OF INELIGIBILITYBASED ON EXCEPTIONAL CIRCUMSTANCES...............................................2910.6 ........RULES FOR CERTAIN POTENTIAL MULTIPLE VIOLATIONS.......................3210.7 ........DISQUALIFICATION OF RESULTS IN COMPETITIONSSUBSEQUENT TO SAMPLE COLLECTION .....................................................3410.8 ........COMMENCEMENT OF INELIGIBILITY PERIOD..............................................3410.9 ........STATUS DURING INELIGIBILITY .......................................................................3510.10 ......REINSTATEMENT TESTING ...............................................................................36ARTICLE 11: CONSEQUENCES TO TEAMS.......................................... 36ARTICLE 12: SANCTIONS AGAINST SPORTING BODIES.................. 37ARTICLE 13: APPEALS............................................................................ |
3713.1........DECISIONS SUBJECT TO APPEAL...................................................................3713.2........APPEALS FROM DECISIONS REGARDING ANTI-DOPING RULE VIOLATIONS, CONSEQUENCES, AND PROVISIONAL SUSPENSIONS ................................................................3713.3........APPEALS FROM DECISIONS GRANTING OR DENYING A THERAPEUTIC USE EXEMPTION..................................................................3913.4........APPEALS FROM DECISIONS IMPOSING CONSEQUENCES UNDER PART THREE OF THE CODE ................................4013.5........APPEALS FROM DECISIONS SUSPENDING OR REVOKING LABORATORY ACCREDITATION ...................................................40ARTICLE 14 : CONFIDENTIALITY AND REPORTING........................... 4014.1 .......INFORMATION CONCERNING ADVERSE ANALYTICAL FINDINGSAND OTHER POTENTIAL ANTI-DOPING RULE VIOLATIONS......................4014.2 .......PUBLIC DISCLOSURE.........................................................................................4114.3 .......ATHLETE WHEREABOUTS INFORMATION ....................................................4214.4 .......STATISTICAL REPORTING..................................................................................4214.5 .......DOPING CONTROL INFORMATION CLEARING HOUSE................................42ARTICLE 15: CLARIFICATION OF DOPING CONTROLRESPONSIBILITIES..........................................................4315.1........EVENT TESTING ..................................................................................................4315.2........OUT-OF-COMPETITION TESTING ....................................................................4415.3 .........RESULTS MANAGEMENT, HEARINGS AND SANCTIONS....................................4415.4........MUTUAL RECOGNITION.....................................................................................45ContentsARTICLE 4: THE PROHIBITED LIST....................................................... |
144.1..........PUBLICATION AND REVISION OF THE PROHIBITED LIST ................................................................................................144.2..........PROHIBITED SUBSTANCES AND PROHIBITED METHODS IDENTIFIED ON THE PROHIBITED LIST ......................................144.3..........CRITERIA FOR INCLUDING SUBSTANCES AND METHODS ON THE PROHIBITED LIST ............................................................154.4..........THERAPEUTIC USE.............................................................................................174.5..........MONITORING PROGRAM...................................................................................18ARTICLE 5: TESTING................................................................................ 195.1..........TEST DISTRIBUTION PLANNING.....................................................................195.2..........STANDARDS FOR TESTING ..............................................................................20ARTICLE 6: ANALYSIS OF SAMPLES................................................... 206.1 .........USE OF APPROVED LABORATORIES..............................................................206.2 .........SUBSTANCES SUBJECT TO DETECTION........................................................206.3 .........RESEARCH ON SAMPLES.................................................................................206.4...........STANDARDS FOR SAMPLE ANAL YSIS AND REPORTING...................................21ARTICLE 7: RESULTS MANAGEMENT................................................. 217.1 .........INITIAL REVIEW REGARDING ADVERSE ANALYTICAL FINDINGS ...........217.2 .........NOTIFICATION AFTER INITIAL REVIEW ..........................................................217.3 .........FURTHER REVIEW OF ADVERSE ANALYTICAL FINDING WHERE REQUIRED BY PROHIBITED LIST .....................................227.4 .........REVIEW OF OTHER ANTI-DOPING RULE VIOLATIONS................................227.5 .........PRINCIPLES APPLICABLE TO PROVISIONAL SUSPENSIONS ..................23ARTICLE 8 : RIGHT TO A FAIR HEARING............................................... 24ARTICLE 9: AUTOMATIC DISQUALIFICATION OF INDIVIDUAL RESULTS................................................. 25ARTICLE 10: SANCTIONS ON INDIVIDUALS....................................... 2610.1 ........DISQUALIFICATION OF RESULTS IN EVENT DURING WHICH AN ANTI-DOPING RULE VIOLATION OCCURS................................2610.2 ........IMPOSITION OF INELIGIBILITY FOR PROHIBITED SUBSTANCES AND PROHIBITED METHODS ...............................................2610.3 ........SPECIFIED SUBSTANCES .................................................................................2710.4 ........INELIGIBILITY FOR OTHER ANTI-DOPING RULE VIOLATIONS .................28Contents20.6 .......ROLES AND RESPONSIBILITIES OF MAJOR EVENT ORGANIZATIONS...................................................................................5720.7 .......ROLES AND RESPONSIBILITIES OF WADA...................................................57ARTICLE 21: ROLES AND RESPONSIBILITIES OF PARTICIPANTS................................................................... 5821.1 ........ROLES AND RESPONSIBILITIES OF ATHLETES ..........................................5821.2 ........ROLES AND RESPONSIBILITIES OF ATHLETESUPPORT PERSONNEL ....................................................................................58ARTICLE 22: INVOLVEMENT OF GOVERNMENTS............................. 5922.1........................................................................................................................... ..............5922.2........................................................................................................................... ..............6022.2........................................................................................................................... ..............60PART FOUR: ACCEPTANCE, COMPLIANCE, MODIFICATION & INTERPRETATIONARTICLE 23: ACCEPTANCE, COMPLIANCE AND MODIFICATION...6423.1........ACCEPTANCE OF THE CODE .............................................................................6423.2........IMPLEMENTATION OF THE CODE ....................................................................6423.3........ACCEPTANCE AND IMPLEMENTATION DEADLINES...................................6523.4........MONITORING COMPLIANCE WITH THE CODE ..............................................6523.5........CONSEQUENCES OF NONCOMPLIANCE WITH THE CODE ........................6623.6........MODIFICATION OF THE CODE ...........................................................................6623.7........WITHDRAWAL OF ACCEPTANCE OF THE CODE ...........................................67ARTICLE 24: INTERPRETATION OF THE CODE................................... 6724.1 ........................................................................................................................... .............6724.2 ........................................................................................................................... .............6724.3 ........................................................................................................................... .............6724.4 ........................................................................................................................... .............6824.5 ........................................................................................................................... .............6824.6 ........................................................................................................................... .............68APPENDIX 1: DEFINITIONS............................................................ 72ARTICLE 16: DOPING CONTROLFOR ANIMALS COMPETING IN SPORT.................................................... 4516.1 ........................................................................................................................... .............4516.2 ........................................................................................................................... .............46ARTICLE 17: STATUTE OF LIMITATIONS............................................. 46PART TWO: EDUCATION AND RESEARCHARTICLE 18: EDUCATION........................................................................ |
5018.1........BASIC PRINCIPLE AND PRIMARY GOAL........................................................5018.2........PROGRAM AND ACTIVITIES..............................................................................5018.3........COORDINATION AND COOPERATION..............................................................50ARTICLE 19: RESEARCH......................................................................... 5119.1........PURPOSE OF ANTI-DOPING RESEARCH.......................................................5119.2........TYPES OF RESEARCH ........................................................................................5119.3........COORDINATION ...................................................................................................5119.4........RESEARCH PRACTICES.....................................................................................5119.5........ADMINISTRATION OF PROHIBITED SUBSTANCESAND PROHIBITED METHODS ...........................................................................5119.6........MISUSE OF RESULTS.........................................................................................51PART THREE: ROLES AND RESPONSIBILITIESARTICLE 20: ADDITIONAL ROLES AND RESPONSIBILITIES OF SIGNATORIES............................................................... 5420.1 .......ROLES AND RESPONSIBILITIES OF THE INTERNATIONAL OL YMPIC COMMITTEE.........................................................5420.2 .......ROLES AND RESPONSIBILITIES OF THE INTERNATIONAL PARAL YMPIC COMMITTEE.................................................5420.3 .......ROLES AND RESPONSIBILITIES OF INTERNATIONAL FEDERATIONS......................................................................5520.4 .......ROLES AND RESPONSIBILITIES OF NATIONAL OL YMPIC COMMITTEES AND NATIONAL PARAL YMPIC COMMITTEES.......................5620.5 .......ROLES AND RESPONSIBILITIES OF NATIONAL ANTI-DOPING ORGANIZATIONS.......................................................................57Contents Contents1World Anti-Doping Code 2003IINNTTRROODDUUCCTTIIOONNTHE PURPOSE, SCOPE AND ORGANIZATION OF THE WORLD ANTI-DDOPING PROGRAM AND THE CODEThe purposes of the World Anti-Doping Program and the Code are: • To protect the Athletes’ fundamental right to participate indoping-free sport and thus promote health, fairness andequality for Athletes worldwide; and • To ensure harmonized, coordinated and effective anti-dopingprograms at the international and national level with regard todetection, deterrence and prevention of doping.THE WORLD ANTI-DDOPING PROGRAM The World Anti-Doping Program encompasses all of theelements needed in order to ensure optimal harmonization andbest practice in international and national anti-doping programs.The main elements are:Level 1: The CodeLevel 2: International StandardsLevel 3: Models of Best PracticeTHE CODE The 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 effort throughuniversal harmonization of core anti-doping elements. |
It isintended to be specific enough to achieve completeharmonization on issues where uniformity is required, yetgeneral enough in other areas to permit flexibility on how agreedupon anti-doping principles are implemented. |
FUNDAMENTAL RATIONALE FOR THE WORLD ANTI-DDOPING CODEAnti-doping programs seek to preserve what is intrinsicallyvaluable about sport. |
This intrinsic value is often referred to as“the spirit of sport”; it is the essence of Olympism; it is how weplay true. |
The spirit of sport is the celebration of the human spirit,body and mind, and is characterized by the following values:• Ethics, fair play and honesty.• Health. |
• Excellence in performance.• Character and education.• Fun and joy.• Teamwork.• Dedication and commitment.• Respect for rules and laws.• Respect for self and other participants.• Courage.• Community and solidarity.Doping is fundamentally contrary to the spirit of sport.World Anti-Doping Code 2003International Federations for teamsports, National Anti-DopingOrganizations, etc.). |
These model rulesand regulations will conform with andbe based on the Code, will be state ofthe art examples of best practices andwill contain all of the detail (includingreference to International Standards)necessary to conduct an effective anti-doping program. |
These model rules and regulations willprovide alternatives from whichstakeholders may select. |
Somestakeholders may choose to adopt themodel rules and regulations and othermodels of best practices verbatim.Others may decide to adopt the modelswith modifications. |
Still otherstakeholders may choose to developtheir own rules and regulationsconsistent with the general principlesand specific requirements set forth inthe Code. |
Other model documents for specificparts of the anti-doping work may bedeveloped based on generallyrecognized stakeholder needs andexpectations. |
This could includemodels for national anti-dopingprograms, results management,Testing (beyond the specificrequirements set forth in theInternational Standard for Testing),education programs, etc. |
All Models ofBest Practice will be reviewed andapproved by WADA before they areincluded in the World Anti-DopingProgram.3INTERNATIONAL STANDARDSInternational Standards for different technical and operationalareas within the anti-doping program will be developed inconsultation with the Signatories and governments and approvedby WADA . |
The purpose of the International Standards isharmonization among Anti-Doping Organizations responsible forspecific technical and operational parts of the anti-dopingprograms. |
Adherence to the International Standards is mandatoryfor compliance with the Code . |
The International Standards may berevised from time to time by the WADA Executive Committee afterreasonable consultation with the Signatories and governments.Unless provided otherwise in the Code , International Standardsand all revisions shall become effective on the date specified in theInternational Standard or revision.MODELS OF BEST PRACTICEModels of Best Practice based on the Code will be developed toprovide state of the art solutions in different areas of anti-doping.The Models will be recommended by WADA and made availableto Signatories upon request but will not be mandatory. |
Inaddition to providing models of anti-doping documentation,WADA will also make some training assistance available to theSignatories . |
World Anti-Doping Code 2003 International Standards Comment:International Standards will containmuch of the technical detail necessaryfor implementing the Code. |
This wouldinclude, for example, the detailedrequirements for Sample collection,laboratory analysis and laboratoryaccreditation currently found in theOlympic Movement Anti-Doping Code1999 (“OMADC”). |
InternationalStandards, while expresslyincorporated into the Code byreference, will, in consultation with theSignatories and governments, bedeveloped by experts and set forth inseparate technical documents. |
It isimportant that the technical experts beable to make timely changes to theInternational Standards withoutrequiring any amendment of the Codeor individual stakeholder rules andregulations. |
All applicable International Standardswill be in place by January 1, 2004. |
Models of Best Practice Comment:WADA will prepare model anti-dopingrules and regulations tailored to theneeds of each of the major groups ofSignatories (e.g., InternationalFederations for individual sports,2DOPING CONTROLPART ONE changes to the language in order to refer to the organization’sname, sport, section numbers, etc. |
): Articles 1 (Definition ofDoping), 2 (Anti-Doping Rule Violations), 3 (Proof of Doping), 9(Automatic Disqualification of Individual Results), 10 (Sanctionson Individuals), 11 (Consequences to Teams), 13 (Appeals) withthe exception of 13.2.2, 17 (Statute of Limitations) and Definitions.Anti-doping rules, like competition rules, are sport rulesgoverning the conditions under which sport is played. |
Athletesaccept these rules as a condition of participation. |
Anti-dopingrules are not intended to be subject to or limited by therequirements and legal standards applicable to criminalproceedings or employment matters. |
The policies and minimumstandards set forth in the Code represent the consensus of abroad spectrum of stakeholders with an interest in fair sport andshould be respected by all courts and adjudicating bodies. |
Participants shall be bound to comply with the anti-doping rulesadopted in conformance with the Code by the relevant Anti-Doping Organizations . |
Each Signatory shall establish rules andprocedures to ensure that all Participants under the authority ofthe Signatory and its member organizations are informed of andagree to be bound by anti-doping rules in force of the relevantAnti-Doping Organizations .World Anti-Doping Code 2003verbatim, as 13.2.2 establishesmandatory guiding principles thatallow some flexibility in theformulation of rules by the Anti-Doping Organization.Participants Comment: By theirparticipation in sport, Athletes arebound by the competitive rules oftheir sport. |
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