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20.5.16 To take appropriate action to discourage non-compliance with the Code and the International Standards (a) by Signatories, in accordance with Article 24.1 and the International Standard for Code Compliance by Signatories and (b) by any other sporting body over which it has authority, in accordance with Article 1... |
20.6.6 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has ... |
20.7 Roles and Responsibilities of WADA20.7.1 To accept the Code and commit to fulfill its roles and responsibilities under the Code through a declaration approved by WADA ’s Foundation Board.10620.7.2 To adopt and implement policies and procedures which conform with the Code and the International Standards.20.7.3 To p... |
]World Anti-Doping Code 2021134Roles andResponsibilities3 PART20.7.4 To approve International Standards applicable to the implementation of the Code.20.7.5 To accredit and reaccredit laboratories to conduct Sample analysis or to approve others to conduct Sample analysis. |
20.7.6 To develop and publish guidelines and models of best practice.20.7.7 To submit to the WADA Executive Committee for approval, upon the recommendation of the WADA Athletes Committee the Athletes’ Anti-Doping Rights Act which compiles in one place those Athletes’ rights which are specifically identified in the Co... |
]World Anti-Doping Code 202113520.7.12 Subject to applicable law, as a condition of such position or involvement, to require all of its board members, directors, officers, and those employees (and those of appointed Delegated Third Parties), who are involved in any aspect of Doping Control, to agree to be bound by anti... |
20.7.13 Subject to applicable law, to not knowingly employ a Person in any position involving Doping Control (other than authorized anti-doping Education or rehabilitation programs) who is Provisionally Suspended or is serving a period of Ineligibility under the Code or, if a Person was not subject to the Code, who has... |
For example, it is known that some Athletes Use low doses of EPO during these hours so that it will be undetectable in the morning. |
]109 [Comment to Article 21.1.6: Failure to cooperate is not an anti-doping rule violation under the Code, but it may be the basis for disciplinary action under a Signatory’s rules. |
]ARTICLE 21 Additional Roles and Responsibilities of Athletes and Other PersonsWorld Anti-Doping Code 202113721.1.7 To disclose the identity of their Athlete Support Personnel upon request by any Anti-Doping Organization with authority over the Athlete.21.2 Roles and Responsibilities of Athlete Support Personnel21.2.... |
]111 [Comment to Article 21.2.6: In those situations where Use or personal Possession of a Prohibited Substance or Prohibited Method by an Athlete Support Person without justification is not an anti-doping rule violation under the Code, it should be subject to other sport disciplinary rules. |
Coaches and other Athlete Support Personnel are often role models for Athletes. |
They should not be engaging in personal conduct which conflicts with their responsibility to encourage their Athletes not to dope. |
]World Anti-Doping Code 2021138Roles andResponsibilities3 PART21.3 Roles and Responsibilities of Other Persons Subject to the Code21.3.1 To be knowledgeable of and comply with all anti-doping policies and rules adopted pursuant to the Code and which are applicable to them.21.3.2 To disclose to their National Anti-Do... |
While governments are bound only by the requirements of the relevant international intergovernmental treaties (and notably of the UNESCO Convention), the following Articles set forth the expectations of the Signatories to support them in the implementation of the Code.22.1 Each government should take all actions and me... |
For that reason, governments are not asked to be Signatories to the Code but rather to sign the Copenhagen Declaration and ratify, accept, approve or accede to the UNESCO Convention. |
Although the acceptance mechanisms may be different, the effort to combat doping through the coordinated and harmonized program reflected in the Code is very much a joint effort between the sport movement and governments.This Article sets forth what the Signatories clearly expect from governments. |
However, these are simply “expectations” since governments are only “obligated” to adhere to the requirements of the UNESCO Convention. |
]World Anti-Doping Code 2021140Roles andResponsibilities3 PARTlive or train to conduct no advance notice Testing, subject to applicable border control, immigration and access requirements and regulations.22.3 Each government should adopt rules, regulations or policies to discipline officials and employees who are in... |
22.4 Each government should not permit any Person to be involved in any position involving Doping Control, sport performance or medical care in a sport setting, including in a supervisory capacity, where such Person: (i) is serving a period of Ineligibility for an anti-doping rule violation under the Code, or (ii) if ... |
World Anti-Doping Code 2021142Roles andResponsibilities3 PARTARTICLE 22 Involvement of GovernmentsPART FOURACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONPART FOURACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONPART FOUR ACCEPTANCE, COMPLIANCE, MODIFICATION AND INTERPRETATIONWorld Anti-Doping Co... |
WADA ’s acceptance of such applications shall be subject to conditions and requirements established by WADA in such policy.113 Upon acceptance of an application by WADA , the applicant’s becoming a Signatory is subject to the applicant signing a declaration ARTICLE 23 Acceptance and Implementation113 [Comment to Arti... |
]World Anti-Doping Code 2021145ARTICLE 23 Acceptance and Implementationof acceptance of the Code and an acceptance of the conditions and requirements established by WADA for such applicant.23.1.4 A list of all acceptances will be made public by WADA .23.2 Implementation of the Code23.2.1 The Signatories shall impleme... |
):114• Article 1 (Definition of Doping)• Article 2 (Anti-Doping Rule Violations)• Article 3 (Proof of Doping)• Article 4.2.2 ( Specified Substances or Specified Methods)• Article 4.2.3 ( Substances of Abuse)• Article 4.3.3 ( WADA ’s Determination of the Prohibited List)• Article 7.7 (Retirement from Sport)• Article ... |
For example, a National or International Federation could refuse to renew the license of a coach when multiple Athletes have committed anti-doping rule violations while under that coach’s supervision. |
]World Anti-Doping Code 2021146Acceptance, Compliance,Modification and Interpretation4 PART• Article 10 (Sanctions on Individuals)• Article 11 ( Consequences to Teams)• Article 13 (Appeals) with the exception of 13.2.2, 13.6, and 13.7• Article 15.1 (Automatic Binding Effect of Decisions)• Article 17 (Statute of Lim... |
A Signatory’s rules must expressly acknowledge the Commentary of the Code and endow the Commentary with the same status that it has in the Code. |
However, nothing in the Code precludes a Signatory from having safety, medical, eligibility or Code of Conduct rules which are applicable for purposes other than anti-doping.11523.2.3 In implementing the Code, Signatories are encouraged to use the models of best practice recommended by WADA .23.3 Implementation of Anti... |
In an anti-doping Sample collection Out-of-Competition, such International Federation would be able to have the laboratory test for cocaine as part of the enforcement of its Code of Conduct policy. |
On the other hand, the International Federation’s Code of Conduct could not impose additional sanctions for the Use of cocaine In-Competition since that is already covered by the sanction scheme established in the Code. |
Other possible examples include rules governing the use of alcohol or oxygen. |
Similarly, an International Federation could use data from a Doping Control test to monitor eligibility relating to transgender and other eligibility rules. |
]World Anti-Doping Code 2021147ARTICLE 23 Acceptance and ImplementationARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 24 MONITORING AND ENFORCING COMPLIANCE WITH THE CODE AND UNESCO CONVENTION24.1 Monitoring and Enforcing Compliance with the Code11624.1.1 Compliance by Si... |
As part of that reporting, the Signatory shall accurately provide all of the information requested by WADA and shall explain the actions it is taking to correct any Non-Conformities.24.1.3 Failure by a Signatory to provide accurate information in accordance with Article 24.1.2 itself constitutes an instance of Non-Con... |
If the Signatory or its delegate fails to correct the Non-Conformities within the specified timeframe, then (following approval of such course by WADA ’s Executive Committee) WADA shall send a formal notice to the Signatory, 116 [Comment to Article 24.1: Defined terms specific to Article 24.1 are set forth at the end ... |
World Anti-Doping Code 2021148Acceptance, Compliance,Modification and Interpretation4 PARTalleging that the Signatory is non-compliant, specifying the consequences that WADA proposes should apply for such non-compliance from the list of potential consequences set forth in Article 24.1.12, and specifying the conditio... |
That notice will be publicly reported in accordance with the International Standard for Code Compliance by Signatories.24.1.5 If the Signatory does not dispute WADA ’s allegation of non-compliance or the consequences or Reinstatement conditions proposed by WADA within twenty-one (21) days of receipt of the formal noti... |
The decision will be publicly reported as provided in the International Standard for Code Compliance by Signatories or other International Standards.24.1.6 If the Signatory wishes to dispute WADA ’s allegation of non-compliance, and/or the consequences and/or the Reinstatement conditions proposed by WADA , it must noti... |
In that event, WADA shall file a formal notice of dispute with CAS, and that dispute will be resolved by the CAS Ordinary Arbitration Division in accordance with the International Standard for Code Compliance by Signatories. |
WADA shall have the burden of proving to the CAS Panel, on the balance of probabilities, that the Signatory is non-compliant (if that is disputed). |
If the CAS Panel decides that ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWorld Anti-Doping Code 2021149ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWADA has met that burden, and if the Signatory has also disputed the consequences and/or ... |
Each of the following Persons shall have the right to intervene and participate as a party in the case, provided it gives notice of its intervention within ten (10) days of such publication by WADA : 24.1.7.1 the International Olympic Committee and/or the International Paralympic Committee (as applicable), and the Nati... |
Any other Person wishing to participate as a party in the case must apply to CAS World Anti-Doping Code 2021150Acceptance, Compliance,Modification and Interpretation4 PARTwithin ten (10) days of publication by WADA of the fact that the case has been referred to CAS for determination. |
CAS shall permit such intervention (i) if all other parties in the case agree; or (ii) if the applicant demonstrates a sufficient legal interest in the outcome of the case to justify its participation as a party.24.1.8 CAS’s decision resolving the dispute will be publicly reported by CAS and by WADA . |
Subject to the right under Swiss law to challenge that decision before the Swiss Federal Tribunal, the decision shall be final and enforceable with immediate effect in accordance with Article 24.1.9.24.1.9 Final decisions issued in accordance with Article 24.1.5 or Article 24.1.8, determining that a Signatory is non-co... |
24.1.10 If a Signatory wishes to dispute WADA ’s allegation that the Signatory has not yet met all of the Reinstatement conditions imposed on it and therefore is not yet entitled to be Reinstated to the list of Code-compliant Signatories, the Signatory must advise WADA in writing within twenty-one (21) days of its rec... |
In that event, WADA shall file a formal notice of dispute with CAS, and the dispute will be resolved by the CAS Ordinary Arbitration Division in accordance with Articles 24.1.6 to 24.1.8. |
WADA shall have the burden to prove to the CAS ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionWorld Anti-Doping Code 2021151ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionPanel, on the balance of probabilities, that the Signatory has not yet m... |
Subject to the right under Swiss law to challenge CAS’s decision before the Swiss Federal Tribunal, CAS’s decision shall be final and enforceable with immediate effect in accordance with Article 24.1.9.24.1.11 The various requirements imposed on Signatories by the Code and the International Standards shall be classif... |
That classification shall be a key factor in determining what consequences should be imposed in the event of non-compliance with such requirement(s), in accordance with Article 10 of the International Standard for Code Compliance by Signatories. |
The Signatory has the right to dispute the classification of the requirement, in which case CAS will decide on the appropriate classification. |
24.1.12 The following consequences may be imposed, individually or cumulatively, on a Signatory that has failed to comply with the Code and/or the International Standards, based on the particular facts and circumstances of the case at hand, and the provisions of Article 10 of the International Standard for Code Complia... |
In that case, while the Anti-Doping Activities (including any Testing and Results Management) will be administered by the Approved Third Party under and in accordance with those other applicable rules at the cost of the non-compliant Signatory, any costs incurred by the Anti-Doping Organizations as a result of the use ... |
(b) If it is not possible to fill the gap in the Signatory’s Anti-Doping Activities in this way (for example, because national legislation prohibits it, and the National Anti-Doping Organization has not secured an amendment to that legislation or other solution), then it may be necessary as an alternative measure to e... |
World Anti-Doping Code 2021154Acceptance, Compliance,Modification and Interpretation4 PART24.1.12.5 A Fine.24.1.12.6 Suspension or loss of eligibility to receive some or all funding and/or other benefits from the International Olympic Committee or the International Paralympic Committee or any other Signatory for a sp... |
24.1.12.7 Recommendation to the relevant public authorities to withhold some or all public and/or other funding and/or other benefits from the Signatory for a specified period (with or without the right to receive such funding and/or other benefits for that period retrospectively following Reinstatement).11724.1.12.8 W... |
In accordance with Article 11(c) of the UNESCO Convention, however, State Parties shall, where appropriate, withhold some or all financial or other sport-related support from any sports organization or Anti-Doping Organization that is not in compliance with the Code. |
]World Anti-Doping Code 2021155ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO Conventioncountry in question, the Signatory that awarded that right must assess whether it is legally and practically possible to withdraw that right and re-assign the Event to another country. |
If it is legally and practically possible to do so, then the Signatory shall do so. |
(b) Signatories shall ensure that they have due authority under their statutes, rules and regulations, and/or hosting agreements, to comply with this requirement (including a right in any hosting agreement to cancel the agreement without penalty where the relevant country has been ruled ineligible to host the Event).24... |
24.1.12.11 Where the Signatory is a Major Event Organization:(a) Special Monitoring or Supervision or Takeover of the Major Event Organization’s Anti-Doping Activities at the next edition(s) of its Event; and/or(b) Suspension or loss of eligibility to receive funding and other benefits from and/or the recognition/memb... |
ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 25 Modification and WithdrawalWorld Anti-Doping Code 202115724.1.13 Other ConsequencesGovernments and Signatories and associations of Signatories may impose additional consequences within their respective spheres of authority ... |
WADA shall advise governments on the implementation of the Code by the Signatories and shall advise Signatories on the ratification, acceptance, approval or accession to the UNESCO Convention by governments.ARTICLE 25 MODIFICATION AND WITHDRAWAL25.1 Modification25.1.1 WADA shall be responsible for overseeing the evol... |
Athletes and other stakeholders and governments shall be invited to participate in such process.118 [Comment to Article 24.1.13: For example, the International Olympic Committee may decide to impose symbolic or other consequences on an International Federation or a National Olympic Committee pursuant to the Olympic Cha... |
]ARTICLE 24 Monitoring and Enforcing Compliance with the Code and UNESCO ConventionARTICLE 25 Modification and WithdrawalWorld Anti-Doping Code 2021158Acceptance, Compliance,Modification and Interpretation4 PART25.1.2 WADA shall initiate proposed amendments to the Code and shall ensure a consultative process to ... |
Amendments shall, unless provided otherwise, go into effect three (3) months after such approval.25.1.4 Signatories shall modify their rules to incorporate the 2021 Code on or before 1 January 2021, to take effect on 1 January 2021. |
Signatories shall implement any subsequent applicable amendment to the Code within one (1) year of approval by the WADA Foundation Board.11925.2 Withdrawal of Acceptance of the CodeSignatories may withdraw acceptance of the Code after providing WADA six-months written notice of their intent to withdraw. |
Signatories shall no longer be considered in compliance once acceptance has been withdrawn.119 [Comment to Articles 25.1.3 and 25.1.4: Under Article 25.1.3, new or changed obligations imposed on Signatories automatically go into effect three (3) months after approval unless provided otherwise. |
In contrast, Article 25.1.4 addresses new or changed obligations imposed on Athletes or other Persons which can only be enforced against individual Athletes or other Persons by changes to the anti-doping rules of the relevant Signatory (e.g., an International Federation). |
For that reason, Article 25.1.4 provides for a longer period of time for each Signatory to conform its rules to the 2021 Code and take any necessary measures to ensure the appropriate Athletes and other Persons are bound by the rules.] |
ARTICLE 25 Modification and Withdrawal ARTICLE 26 Interpretation of the CodeARTICLE 27 Transitional ProvisionsWorld Anti-Doping Code 2021159ARTICLE 26 INTERPRETATION OF THE CODE26.1 The official text of the Code shall be maintained by WADA and shall be published in English and French. |
In the event of any conflict between the English and French versions, the English version shall prevail.26.2 The comments annotating various provisions of the Code shall be used to interpret the Code.26.3 The Code shall be interpreted as an independent and autonomous text and not by reference to the existing law or s... |
However, pre-Code anti-doping rule violations would continue to count as “First violations” or “Second violations” for purposes of determining sanctions under Article 10 for subsequent post-Code violations.26.7 The Purpose, Scope and Organization of the World Anti-Doping Program and the Code and Appendix 1, Definition... |
For these purposes, the retrospective periods in which prior violations can be considered for purposes of multiple violations under Article 10.9.4 and the statute of limitations set forth in Article 17 are procedural rules, not substantive rules, and should be applied retroactively along with all of the other procedura... |
Such application must be made before the period of Ineligibility has expired. |
The decision rendered by the Anti-Doping Organization may be appealed pursuant to Article 13.2. |
The 2021 Code shall have no application to any anti-doping rule violation case where a final decision finding an anti-doping rule violation has been rendered and the period of Ineligibility has expired.ARTICLE 27 Transitional ProvisionsWorld Anti-Doping Code 2021161ARTICLE 27 Transitional Provisions27.4 Multiple Viol... |
As an exception, however, when a Prohibited Substance or Prohibited Method has been removed from the Prohibited List, an Athlete or other Person currently serving a period of Ineligibility on account of the formerly Prohibited Substance or Prohibited Method may apply to the Anti-Doping Organization which had Results Ma... |
]World Anti-Doping Code 2021162Acceptance, Compliance,Modification and Interpretation4 PARTAPPENDIX 1DEFINITIONSAPPENDIX 1DEFINITIONSAPPENDIX 1 DEFINITIONSWorld Anti-Doping Code 2021164APPENDIX 1 DefinitionsDEFINITIONS121ADAMS: The Anti-Doping Administration and Management System is a Web-based database management t... |
However, this definition shall not include the actions of bona fide medical personnel involving a Prohibited Substance or Prohibited Method Used for genuine and legal therapeutic purposes or other acceptable justification and shall not include actions involving Prohibited Substances which are not prohibited in Out-of-C... |
Such circumstances and actions shall include, but are not limited to: the Athlete or other Person Used or Possessed multiple Prohibited Substances or Prohibited Methods, Used or Possessed a Prohibited Substance or Prohibited Method on multiple occasions or committed multiple other anti-doping rule violations; a normal ... |
]World Anti-Doping Code 2021165effects of the anti-doping rule violation(s) beyond the otherwise applicable period of Ineligibility; the Athlete or Person engaged in deceptive or obstructive conduct to avoid the detection or adjudication of an anti-doping rule violation; or the Athlete or other Person engaged in Tamper... |
For the avoidance of doubt, the examples of circumstances and conduct described herein are not exclusive and other similar circumstances or conduct may also justify the imposition of a longer period of Ineligibility. |
Anti-Doping Activities: Anti-doping Education and information, test distribution planning, maintenance of a Registered Testing Pool, managing Athlete Biological Passports, conducting Testing, organizing analysis of Samples, gathering of intelligence and conduct of investigations, processing of TUE applications, Results... |
Anti-Doping Organization: WADA or a Signatory that is responsible for adopting rules for initiating, implementing or enforcing any part of the Doping Control process. |
This includes, for example, the International Olympic Committee, the International Paralympic Committee, other Major Event Organizations that conduct Testing at their Events , International Federations, and National Anti-Doping Organizations.Athlete: Any Person who competes in sport at the international level (as defin... |
An Anti-Doping Organization has discretion to apply anti-doping rules to an Athlete who is neither an International-Level Athlete nor a National-Level Athlete, and thus to bring them within the definition of “Athlete.” In relation to Athletes who are neither International-Level nor National-Level Athletes, an Anti-Dopi... |
However, if an Article 2.1, 2.3 or 2.5 anti-doping rule violation is committed by any Athlete over World Anti-Doping Code 2021166APPENDIX 1 Definitionswhom an Anti-Doping Organization has elected to exercise its authority to test and who competes below the international or national level, then the Consequences set for... |
For purposes of Article 2.8 and Article 2.9 and for purposes of anti-doping information and Education, any Person who participates in sport under the authority of any Signatory, government, or other sports organization accepting the Code is an Athlete.122Athlete Biological Passport: The program and methods of gathering... |
Provided, however, there shall be no anti-doping rule violation based solely on an Attempt to commit a violation if the Person renounces the Attempt prior to it being discovered by a third party not involved in the Attempt.Atypical Finding: A report from a WADA -accredited laboratory or other WADA -approved laboratory ... |
All International- or National-Level Athletes are subject to the anti-doping rules of the Code, with the precise definitions of international and national level sport to be set forth in the anti-doping rules of the International Federations and National Anti-Doping Organizations. |
]World Anti-Doping Code 2021167Atypical Passport Finding: A report described as an Atypical Passport Finding as described in the applicable International Standards.CAS: The Court of Arbitration for Sport.Code: The World Anti-Doping Code.Competition: A single race, match, game or singular sport contest. |
For example, a basketball game or the finals of the Olympic 100-meter race in athletics. |
For stage races and other sport contests where prizes are awarded on a daily or other interim basis the distinction between a Competition and an Event will be as provided in the rules of the applicable International Federation.Consequences of Anti-Doping Rule Violations (“Consequences”): An Athlete’s or other Person’s ... |
Teams in Team Sports may also be subject to Consequences as provided in Article 11.Contaminated Product: A product that contains a Prohibited Substance that is not disclosed on the product label or in information available in a reasonable Internet search.Decision Limit: The value of the result for a threshold substanc... |
This definition does not include CAS.Disqualification: See Consequences of Anti-Doping Rule Violations above.Doping Control: All steps and processes from test distribution planning through to ultimate disposition of any appeal and the enforcement of Consequences, including all steps and processes in between, including ... |
Factors to be taken into consideration in assessing an Athlete’s or other Person’s degree of Fault include, for example, the Athlete’s or other Person’s experience, whether the Athlete or other Person is a Protected Person, special considerations such as impairment, the degree of risk that should have been perceived ... |
In assessing the Athlete’s or other Person’s degree of Fault, the circumstances considered must be specific and relevant to explain the Athlete’s or other Person’s departure from the expected standard of behavior. |
Thus, for example, the fact that an Athlete would lose the opportunity to earn large sums of money during a period of Ineligibility, or the fact that the Athlete only has a short time left in a career, or the timing of the sporting calendar, would not be relevant factors to be considered in reducing the period of Ineli... |
Provided, however, WADA may approve, for a particular sport, an alternative definition if an International Federation provides a compelling justification that a different definition is necessary for its sport; upon such approval by WADA , the alternative definition shall be followed by all Major Event Organizations fo... |
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