LEGAL REVIEW FOR PREVENTION AND CONTROL OF DOPAJE IN THE DEPORT Law 27619 Act No. 26.912. Modification. The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
Article 1 - Incorporate as article 4 (g) of the Act 26,912 and its amendments the following:
(g) Reveal the identity of your support staff at the request of the National Antidoping Commission or any antidoping organization with authority over it or the athlete.
Article 2 - Incorporate as article 5o bis of the law 26,912 and its amendments the following:
Article 5 bis: Functions and responsibilities of other persons subject to the Global Anti-doping Code or the present regime. The functions and responsibilities of other persons subject to the Global Anti-Doping Code or the present regime are:
(a) To be informed of all anti-doping provisions and standards adopted in accordance with the Global Anti-doping Code and in the present regime applicable to them;
(b) Communicate to the National Anti-doping Commission or its national anti-doping organization, its national sports federation and its international sports federation any decision taken by a non-signatory on the grounds of a violation of the anti-doping standards they have committed over the last 10 years; and
(c) Collaborate with anti-doping organizations investigating violations of anti-doping standards.
Article 3 - Replace subparagraphs (b), (c) and (d) of Article 8 of Law 26,912 and their amendments to the following:
(b) They are sufficient proof of infringement of the antidoping rules any of the following circumstances: the presence of a prohibited substance or of its metabolites or markers in the A specimen or of the athlete when it is renounced to the analysis of the B specimen and this is not analyzed; when the A sample or the B specimen of the athlete is analyzed and such analysis confirms the presence of the found block or its metabolites
(c) The presence of a prohibited substance, its metabolites or markers, regardless of their quantity, in a sample of an athlete constitutes a violation of the anti-doping standards, except those substances for which a quantification limit is specifically identified in the list of prohibited substances and methods or in technical documents; and
(d) As an exception to the general rule of this article, the list of prohibited substances or methods or international standards or technical documents may provide for special criteria for the assessment of certain prohibited substances.
Article 4- Replace article 9, paragraph (a), of the Act 26,912 and its amendments to the following:
(a) It is a personal obligation of the athlete to ensure that no prohibited substance enters his body and that no prohibited method is used. It is not necessary to demonstrate intention, guilt, negligence or conscious use on the part of the athlete to determine that there has been a violation of anti-doping standards by the use of a prohibited substance or method.
Article 5- Replace Article 10 of Law 26,912 and its amendments to the following:
Article 10: Separation, rejection or non-compliance with the obligation to be subjected to the taking of samples by an athlete. It is a violation of anti-doping rules to avoid taking samples or, without valid justification, reject or breach the obligation to submit to it, following a formalized notification in accordance with this regime or other applicable anti-doping rules.
Article 6 - Replace article 11 of Act 26,912 and its amendments to the following:
Article 11: Non-compliance with the location or whereabouts of the athlete. Any combination of three (3) cases of non-compliance with the obligation to control or breach the duty to provide the location or whereabouts data, as defined by the International Standard for Results Management, within a period of twelve (12) months by one or one athlete of the registered control group, constitutes a violation of the anti-doping standards.
Article 7- Replace article 12 of Act 26,912 and its amendments to the following:
Article 12: Handling or attempting to manipulate any part of the doping control procedure by the athlete or other person. The manipulation or attempt to manipulate any part of the doping control procedure by the athlete or another person is a violation of the antidoping rules.
Article 8 - Replace the first paragraph of Article 13 of Law 26,912 and its amendments to the following:
Article 13: Possession of prohibited substances or methods by the athlete or the support staff to the athletes. It constitutes a violation of anti-doping standards.
Article 9 - Replace article 14 of the Act 26,912 and its amendments to the following:
Article 14: Traffic or attempted traffic of any prohibited substance or method prohibited by the athlete or other person. It constitutes a violation of the anti-doping rules the traffic or attempted traffic of any prohibited substance or method prohibited by the athlete or other person.
Article 10.- Replace article 15 of Law 26,912 and its amendments to the following:
Article 15: Administration or attempted administration, complicity, prohibited association and acts of intimidation or revenge. Violation of anti-doping standards:
(a) The administration or intent of administration, by one or one athlete or another to one or one athlete during competition, of a prohibited substance or prohibited method, or the administration or attempt of administration to any athlete outside competition, of any substance or method that is prohibited outside competition;
(b) Assistance, animation, aid, incitement, collaboration, conspiracy, concealment, participation or any other type of intentional complicity or its attempt to commit it, in connection with an infringement of anti-doping standards, any attempt to violate anti-doping standards, or a violation of article 58;
(c) The association of an athlete or another person subject to the authority of an anti-doping organization, as a professional or other quality related to the sport, with any person supporting the or the athlete who, being subject to the authority of an anti-doping organization, is in compliance with a period of suspension, or not being subject to the authority of an anti-doping organization, and when the suspension has not been applied in a process of infringement, The status of disqualification of such a person shall remain in force for a period of six (6) years since the adoption of the criminal, professional or disciplinary decision or while it is in force;
(d) The concealment or intermediation of the person described in subparagraph (c). In order to prove that the offences under this subparagraph (d) and (c) have been committed, it is necessary for the anti-doping organization to prove that the athlete or the other person knew the disqualification of the person in support of the athletes.
It shall be incumbent upon the athlete or the other person to demonstrate that any association with the support staff of the athletes referred to in this article lacks a professional character, is not related to the sport or that such association could not be reasonably avoided.
Anti-doping organizations that have knowledge of support staff to those or athletes who are serving a period of suspension, or who have been convicted or found guilty in a criminal, disciplinary or professional procedure, of engaging in conduct that would have constituted an infringement of anti-doping standards, if the rules of this regime have been applied, shall refer such information to the World Anti-doping Agency;
(e) Any act that involves threatening or attempting to intimidate another person with the intention of induce him to desist from communicating in good faith information concerning an alleged infringement of anti-doping standards or an alleged breach of the World Anti-doping Code or the present regime to the World Anti-doping Agency, an anti-doping organization, law enforcement or a professional regulatory or disciplinary agency, to a disciplinary or other person ' s name
(f) Take revenge against a person who has reported in good faith on an alleged infringement of anti-doping rules or an alleged breach of the Global Anti-doping Code or the present regime to the World Anti-doping Agency, an anti-doping organization, law enforcement agencies or a professional regulatory or disciplinary agency, a disciplinary court or a person who conducts an investigation on behalf of the aforementioned agency, or an anti-doping organization.
For the purposes of subparagraphs (e) and (f) of this article, revenge, threat and intimidation shall mean any act carried out without a just cause against a person, either because the act lacks good faith or constitutes a disproportionate response.
Article 11. Replace article 16 of Law 26,912 and its amendments with the following:
Article 16: Test load and standard of certainty. The charge of proving that there has been a violation of antidoping standards will be over the National Antidoping Commission or the antidoping organization. With regard to the standard of certainty, the above-mentioned Commission or the intervening anti-doping organization shall credit the violation of the rule to full satisfaction of the National Disciplinary Anti-doping Tribunal, taking into account the seriousness of the imputation formulated. Such a standard, in any case, will not consist of a mere probability weight, but no demonstration will be required to exclude any reasonable doubt. Where the World Anti-Dropod Code or the present regime bears an athlete or another person who has allegedly committed an infringement of the anti-doping standards, the burden of rebating a presumption or of proving specific circumstances or facts, without prejudice to the provisions of article 17, subparagraphs (b) and (c) of this regime, the standard of certainty shall be the weight of probability.
Article 12.- Replace subparagraphs (a), (c), (d) and (e) of article 17 of Law 26,912 and their amendments to the following:
(a) The scientific validity of the analytical methods or quantification limits approved by the World Antidoping Agency that have been the subject of consultation with the relevant scientific community or an “inter pair” evaluation is presumed. Any athlete or other person who wants to remove this presumption of scientific validity or challenge the existence of its constituent requirements shall, as a precondition to this challenge, express to the World Anti-doping Agency such disagreement together with the basis of it. The Arbitral Tribunal for Sport, the National Disciplinary Antidoping Tribunal and the Arbitral Antidoping Tribunal, on their own initiative, may also inform the World Antidoping Agency of this type of challenge.
Within 10 days of receipt by the World Anti-doping Agency of such notification and of the challenge file, the agency may also intervene as a party, appear as amicus curiae or provide evidence in the proceedings. At the request of the World Antidoping Agency, in cases brought before the Arbitral Tribunal of Sport, the panel of the said tribunal shall designate the scientific expert or the scientific expert that it considers appropriate or appropriate to advise him in his assessment of the challenge;
(c) Failure to comply with another international norm or other anti-doping policy set out in the Global Anti-doping Code, this regime or the regulations of an anti-doping organization shall not invalidate the analytical results or any other evidence of the violation of an anti-doping norm and shall not constitute a defence argument against such violation; it shall be understood that if the athlete or other person proves that the breach of any specific provisions of the
(i) Failure to comply with the international standard for controls and investigations in relation to sample-taking or sample management, which made it reasonable to assume that it caused a violation of an anti-doping rule based on an adverse analytical result, in which case the anti-doping organization will be obliged to demonstrate that such non-compliance did not cause such an adverse analytical result;
(ii) Failure to comply with the International Standard for Results Management or the International Standard for Controls and Investigations with an adverse result in the passport that would be reasonable to assume that it would have caused a violation of an anti-doping rule, in which case the anti-doping organization will be obliged to demonstrate that such breach did not cause such a breach;
(iii) Failure to comply with the International Standard for Results Management with the obligation to notify the or the athlete of the opening of the B Sample that it would be reasonable to assume that it would have caused a breach of an anti-doping rule based on an adverse analytical result, in which case the anti-doping organization will be obliged to demonstrate that such non-compliance did not cause such an adverse analytical result;
(iv) Failure to comply with the International Standard for Results Management in connection with notification to an athlete or to assume that it would have caused a violation of an anti-doping rule based on a breach of its location or whereabouts, in which case the anti-doping organization will have the obligation to prove that such a circumstance did not cause such a breach of location or whereabouts.
(d) The facts demonstrated by the judgement of a judicial body, an administrative court or a disciplinary court with competent jurisdiction that is not pending appeal shall constitute an irrefutable evidence against the athlete or the other person to whom the judgement concerning such acts affects; and
(e) The Court in the context of a disciplinary procedure may draw a negative conclusion against the athlete or the other person on whom it is alleged that it has committed an infringement of the anti-doping rules, based on their refusal to appear in such proceedings, after making a summons to the same or to the same in a reasonable advance; without prejudice to their right to deny,
Article 13.- Replace the fourth and fifth paragraphs of Article 18 of Law 26,912 and its amendments to the following:
Changes in the list of prohibited substances and methods and technical documents relating to the substances listed therein shall not be applied retroactively unless otherwise specifically provided. However, as an exception, where a prohibited substance has been removed from the list of prohibited substances and methods, athletes or other persons who are at that time serving periods of suspension by that previously prohibited substance may request the intervening disciplinary court to consider reducing the period of suspension in the light of the deletion of such substance from the list of prohibited substances and methods.
In all sports involving competition animals, international or national sport federations of the respective sports, water associations or race commissions, as appropriate, must establish and apply anti-doping standards for participating animals. Anti-doping standards should include a list of prohibited substances, appropriate control procedures and a list of laboratories approved for sample analysis.
The Ministry of Agriculture, Livestock and Fisheries shall act as supervisory authority in the field of animals participating in sports competitions and shall publish the lists of substances and methods prohibited in the Official Gazette of the Argentine Republic.
With regard to the determination of infringements of anti-doping standards and sanctions relating to animals participating in competition, it is up to the international or national sport federations of the respective sports, the water associations or the race commissions, as appropriate, to establish and apply rules that are based on the relevant provisions of titles II, chapters 1 to 3, and III, chapters 1 and 2 and articles 22, 23 and They should also establish appropriate disciplinary procedures and appeals, organizing their own disciplinary bodies, with sufficient ability to evaluate cases of doping in a fair, impartial and independent manner.
Article 14.- Replace article 19 of Law 26,912 and its amendments with the following:
Article 19: Specific substances or specific methods. For the purposes of the application of chapter 1 of title III of this regime, all prohibited substances shall be considered specific substances, except those identified as non-specific in the list of prohibited substances and methods. No prohibited method shall be considered specific method, unless it is specifically listed in the above-mentioned list.
Article 15.- Incorporate as article 19 bis of Law 26,912 and its amendments the following:
Article 19 bis: Substances of abuse. For the purposes of the application of chapter 1 of Title III of this regime, substance abuse includes prohibited substances specifically listed as such in the list of prohibited substances and methods.
Article 16.- Incorporate as article 19 ter of Law 26,912 and its amendments the following:
Article 19 ter: New categories of prohibited substances or prohibited methods. In the event that the World Antidoping Agency would expand the list of prohibited substances and methods by adding a new category of prohibited substances or prohibited methods, under the terms of article 18, second paragraph of this regime, the Executive Committee of the aforementioned agency shall decide whether or not any prohibited substances or prohibited methods under this new category shall be considered specific substances or methods under article 19 bis.
Article 17.- Replace article 20 of Law 26,912 and its amendments with the following:
Article 20: Identification of prohibited substances and methods to be included in the list of prohibited substances and methods. The determination by the Global Anti-doping Agency of the prohibited substances and methods to include in the list of prohibited substances and methods, the classification of the substances in the categories of that list, the classification of a substance as prohibited always or only in competition and the classification of a substance or method as a specific substance, specific method or substance of abuse, are final and cannot be questioned by any or any athlete or other person on the basis of the fact that the performance is not
Article 18.- Replace the first paragraph and article 24 (c) of Law 26,912 and its amendments to the following:
Article 24: Suspensions imposed for the first infringement in the event of a prohibited substance or its metabolites or markers in the sample of an athlete; use, intent to use or possession. The suspension period imposed by one of the offences set out in articles 8, 9 and 13 of the present regime, except that the potential reduction or suspension assumptions provided for in articles 27 to 29 are met, or a substance of abuse, as provided for in subparagraph (c), paragraphs 3, 4 and 5 of this article is (4) years when:
(c) In the event that the cases referred to in subparagraphs (a) and (b) or a substance of abuse are not applicable, the suspension period is two (2) years.
As stated in this article and article 25, the term “intentional” is used to identify those or athletes who commit a malicious infringement of the rules of a game or competition. The term, therefore, implies that the athlete or another person engaged in a prohibited conduct, even though there was a significant risk that he would constitute or result in an infringement of anti-doping standards and manifestly ignored that risk. An infringement of anti-doping rules resulting from an analytical result adversely affected by a substance prohibited only in competition shall be presumed unintentional, except evidence to the contrary, if it is a specific substance and the athlete may prove that such prohibited substance was used outside competition. An infringement of anti-doping rules resulting from an analytical result adversely affected by a substance prohibited only in competition should not be considered “intentional” if the substance is not a specific substance and the athlete may prove that it used the prohibited substance outside competition in a context without relation to sports activity.
Without prejudice to any other provision of this article, when the infringement of anti-doping rules is due to a substance of abuse, if the athlete can prove that any intake or use occurred outside of competence and was not related to sports performance, the suspension period is three (3) months.
In addition, the previous suspension period may be reduced to one (1) month if the athlete or another demonstrate that they have successfully carried out a programme against substance abuse approved by the National Anti-Dropping Commission with the advice of the Secretariat for Comprehensive Drug Policy of the Argentine Nation of the Chief of Staff of Ministers.
The suspension period established in this paragraph shall not be subject to reductions under article 28 of this regime.
If intake, use or possession took place during competition and the athlete may prove that the context in which it occurred was not related to sports performance, such events shall not be deemed intentional for the purposes of this article and may not substantiate the application of aggravating circumstances under article 26.
Article 19.- Replace subparagraphs (a), (c), (d) and (e) of article 25 of Law 26,912 and their amendments to the following:
(a) For offences described in articles 10 and 12 of four (4) years, except:
I. In the event of non-compliance with the obligation to submit to the taking of samples, the athlete may prove that the infringement of the anti-doping standards was committed unintentionally, as defined in article 24, in which case the suspension period is two (2) years;
ii. In all other cases, if the athlete or another person can demonstrate the existence of exceptional circumstances that justify a reduction in the suspension period, in which case the suspension period is between two (2) and four (4) years depending on the degree of guilt of the athlete or the person; or
iii. If the case affects protected persons or recreational or recreational athletes, in which case the penalty is a maximum of two (2) years of suspension and a minimum of non-derogable admonition, depending on the degree of guilt of the affected or affected;
(c) For offences described in articles 14 and 15, subparagraph (a), of a minimum of four (4) years up to a maximum suspension of life, depending on the seriousness of the offence. A violation of articles 14 and 15, subparagraph (a), in which a protected person is involved is considered a particularly serious offence and if committed by the support staff of the athletes in respect of offences that are not related to specific substances, it will result in the suspension of the support staff of the athlete or the athlete for life. In addition, serious violations of articles 14 and 15 (a), which may also violate non-sport laws and regulations, should be reported to the competent administrative, professional or judicial authorities;
(d) For offences described in article 15, subparagraph (b), of a minimum of two (2) years up to a maximum suspension of life, depending on the gravity of the offence;
(e) For offences described in article 15, subparagraphs (c) and (d), of two (2) years, with the possibility of reduction to a minimum of one (1) year, depending on the degree of guilt of the athlete or other circumstances of the case; and
Article 20. Incorporate as article 25 (f) of Law 26,912 and its amendments the following:
(f) For offences described in article 15, subparagraphs (e) and (f), of a minimum of two (2) years up to a maximum suspension of life, depending on the gravity of the offence.
Article 21.- Replace article 26 of Law 26,912 and its amendments with the following:
Article 26: Aggravating circumstances that may increase the period of suspension. If the National Disciplinary Anti-doping Court determines, in a specific case of infringement of the anti-doping rules other than those provided for in articles 14 and 15, subparagraphs (a), (b), (e) or (f), that there are aggravating circumstances that justify the imposition of a period of suspension exceeding the ordinary penalty, the period of suspension that would have been applied shall be increased in an additional period of up to two (2) years, depending on the nature of non-intentional violation,
Article 22.- Replace article 28 of Law 26,912 and its amendments with the following:
Article 28: Reduction of the period of suspension due to the absence of significant guilt or negligence. Sanctions established under the provisions of articles 8, 9 and 13 of the present regime may be reduced, in particular circumstances, in the following cases:
(a) If the infringement of anti-doping rules is due to a specific substance other than a substance of abuse or a specific method, and the athlete or another person may prove the absence of significant guilt or negligence, the penalty shall consist, at a minimum, of a stay-free reprimand and, at a maximum of two (2) years suspension, depending on the degree of guilt of the athlete or the other person;
(b) If the athlete or another person can prove the absence of significant guilt or negligence and that the prohibited substance detected, which is not a substance of abuse, proceeded from a contaminated product, the penalty shall consist, at a minimum, of an unspent period of reprimand and, at a maximum of two (2) years of suspension, depending on the degree of guilt of the athlete or the other person;
(c) When the infringement of the anti-doping standards that do not involve a substance of abuse is committed by a protected person or a recreational athlete or a recreational athlete and they or they may prove that it did not give me significant guilt or negligence, the penalty shall consist, at a minimum, of a stay-free reprimand and, at a maximum of two (2) years of suspension, depending on the degree of guilt of the authors or authors;
(d) Reductions under subparagraphs (a), (b) and (c) are mutually exclusive and non-accumulative;
(e) If one or one athlete or another person demonstrate, in a specific case in which subparagraphs (a), (b) and (c) are not applicable, that there is no significant fault or negligence on his part, without prejudice to the additional reduction or elimination provided for in article 29, the period of suspension that would have been applicable may be reduced depending on the degree of guilt of the athlete or the other person, but the applicable period of the reduced suspension may not be another half. If the latter is for life, the period reduced under this subparagraph may not be less than eight (8) years.
Article 23.- Replace the first, second, third and fourth paragraphs of article 29 of Law 26,912 and its amendments to the following:
Article 29: Reduction of the suspension period for substantial aid for the discovery or demonstration of infractions. The National Anti-Dropractory Tribunal and the Anti-Dropractory Tribunal, respectively, may, prior to the issuance of the final appellate judgement in accordance with the provisions of articles 65 and below, or the completion of the period established for the appeal, suspend a portion of the period of suspension imposed, except for the disqualification and disclosure, in specific cases where an athlete or other agency has provided substantial assistance to the aforementioned courts,
After a final appeal ruling described in articles 65 and below or terminating the time limit set for the appeal, the National Anti-doping Disciplinary Court can only suspend part of the suspension period that would be applicable, with the authorization of the World Anti-doping Agency and the international sports federation affected. The extent to which the period of suspension that would have been applied may be suspended shall be based on the seriousness of the infringement of the anti-doping standards committed by the athlete or other person, and the relevance of the substantial aid that they or they have provided in order to eradicate doping in sport, non-compliance with the World Anti-doping Code and the present regime, or attacks against sports integrity. No more than three quarters (3/4) of the suspension period that would have been applicable can be suspended. If the suspension period that would have been applicable is for life, the suspension period applicable to this article shall not be less than eight (8) years. For the purposes of this paragraph, the period of suspension that would have been applicable shall not include that which could have been added under article 47. If so requested by an athlete or other person who wishes to provide substantial assistance, the National Antidoping Disciplinary Tribunal, the Antidoping Arbitral Tribunal, the Antidoping National Commission or the anti-doping organization responsible for the management of results should allow them to provide information under an agreement not exceedingly.
If the athlete or another person ceases to cooperate and to offer the full and credible substantial help on which the suspension of the suspension period was based, the anti-doping organization that provided such suspension must restore it in its original form. The decision of the National Disciplinary Anti-doping Court to restore or not a suspended suspension period may be appealed by any person, in accordance with articles 67 to 71.
In order to encourage athletes and others to provide substantial assistance to anti-doping organizations, at the request of the National Anti-doping Commission or the athlete or other person they have committed, or have been charged with committing an infringement of the anti-doping or other infringement of the present regime, the World Anti-doping Agency may, at any stage of the results management process, consider the following derogation to be appropriate. In exceptional circumstances, the agency may, for receiving substantial aid, agree on suspensions of the suspension period and other penalties for a period exceeding that provided for in this article, or even not impose a period of suspension, not impose mandatory disclosure or not require the return of the award or payment of fines or costs, either alternatively or cumulatively. The decision of the World Anti-doping Agency shall be invalid in the case provided for in the preceding paragraph, the corresponding sanction must be restored. Without prejudice to the provisions of chapter 3 of title III of this regime, the decisions of the World Anti-Dropage Agency covered by this article cannot be appealed by any anti-doping organization.
Article 24. Replace article 30 of Law 26,912 and its amendments to the following:
Article 30: Reduction of the period of suspension by confession of an offence in the absence of other evidence. In the event that one or one athlete or another person voluntarily admits to having committed an infringement of the anti-doping rules prior to having received the notice of taking a sample, which could prove a violation of the anti-doping rules or, in the event of an infringement of the anti-doping rules other than that established in Article 8th before receiving the first notice of the infringement admitted under Article 97 and, that such confession may be the only reliable period of suspension.
Article 25.- Replace article 31 of Law 26,912 and its amendments with the following:
Article 31: Right to a reduction in the penalty in accordance with more than one case. In the event that one or one athlete or another person credits his or her right to a reduction in the penalty under more than one provision of articles 27 to 30 of the present regime, before applying any reduction or suspension under articles 29 to 30, the suspension period that would have been applicable without reduction shall be established in accordance with articles 24, 25, 27 and 28. If the athlete or the other person credits his or her right to a reduction or suspension of the suspension period under articles 29 to 30, that period may be suspended or reduced, but it shall never be less than the fourth (1/4) part of the period that would have been applicable.
Article 26.- Incorporate as article 32 of Law 26,912 and its amendments the following:
Article 32: Agreement on the management of results and settlement of a case. When the National Anti-doping Commission notifys an athlete or another person of an alleged violation of the anti-doping rules that entails a period of suspension of four (4) years or more, including any period of suspension imposed under article 26, and the said or said athlete or other person admits the offence and accepts the proposed period of suspension within a maximum period of twenty (20) days after receipt of the notification, the aforementioned Commission may hold a period of When the athlete or another person is reduced by one (1) year the suspension period under this paragraph, no further reduction may be applied under any other article.
Out of the case provided for in the preceding paragraph, when the athlete or another person admits a violation of the anti-doping standards that are imposed on them and express their conformity with the sanctions that are acceptable to the National Anti-doping Commission and the World Anti-doping Agency, according to the exclusive criterion of both, then:
(a) The athlete or another person may conclude with the above-mentioned organizations a settlement agreement of a case, which shall consist of a reduction in the period of suspension, on the basis of an assessment made by them regarding the application of articles 23 to 31 to the alleged violation of the anti-doping rules, the severity of the offence, the degree of guilt of the athlete or another person and the speed with which they or they have admitted;
(b) The suspension period may begin from the dates of taking the sample or the last time another violation of the anti-doping standards. In both cases, however, in the application of this subparagraph and subparagraph (a), the athlete or another person shall meet at least half of the suspension period agreed upon from the first of the dates on which they have accepted the imposition of a sanction or have completed the provisional suspension. Agreements to resolve a case for validity shall be submitted to the National Disciplinary Anti-doping Tribunal, which shall take account of it within seven (7) days. The decisions of the National Antidoping Commission and the World Antidoping Agency to conclude or not a settlement agreement of a case, those relating to the measure of the reduction of the suspension period and the date of commencement of that period are not subject to the review of the National Disciplinary Antidoping Tribunal, or to the appeal instance provided for in chapter 3 of this title.
If so requested by an athlete or other person wishing to enter into a settlement agreement in accordance with this article, the National Anti-Doping Commission will allow them to discuss with it the possibility of admitting the offence under an agreement not exempt.
Article 27.- Replace article 33 of Law 26,912 and its amendments with the following:
Article 33: Second offence. In the event of a second violation of the anti-doping standards by one or one athlete or another, the period of suspension to be applied shall be the greatest result of the following:
(a) A suspension period of six (6) months;
(b) A period of suspension between:
(i) The amount of the suspension period imposed by the first infringement of the anti-doping rules plus the period of application in the event that the second offence is considered the first infringement; and
(ii) The double of the period of suspension to be applied to the second offence considered as a first offence, the duration of the suspension period being determined according to the entire circumstances and the degree of guilt of the athlete or the person in relation to the second offence.
Derogation periods applicable in accordance with this article and article 45 may be further reduced in accordance with articles 29 to 31.
Article 28.- Replace article 34 of Law 26,912 and its amendments with the following:
Article 34: Irrelevance of offences in which the absence of guilt or negligence had been proved. Offences of anti-doping rules in which one or one athlete or another person had demonstrated the absence of guilt or negligence are not considered as an infringement on the effects provided for in articles 33 and 45 of the present regime. Nor shall it be considered an offence for the purposes of such articles to be committed against anti-doping standards, sanctioned under the last paragraph of article 24.
Article 29.- Replace article 46 of Law 26,912 and its amendments with the following:
Article 46: Potentially multiple breaches. In order to establish sanctions under articles 33 and 45 of the present regime, with the exceptions set out in article 47, an infringement of the anti-doping standards is only considered a second offence if the National Anti-doping Commission is able to prove that the athlete or other person has committed an additional violation of the anti-doping standards after having been notified or notified of the first adverse analytical result, in accordance with the provisions of article 47 of the present regime, If the National Anti-Dropod Commission fails to demonstrate this fact, the offences must be considered as a single and first offence, and the penalty imposed must be based on the offence that entails the most severe sanction, also taking into account the application of aggravating circumstances. The results obtained in all the powers that be removed from the first of the offences shall be cancelled as provided for in article 49.
Article 30.- Replace article 47 of Law 26,912 and its amendments with the following:
Article 47: Infraction before notification of another violation, breach of manipulation or attempt to manipulate the procedure, committed on an underlying infringement of anti-doping standards and second or third infringement of anti-doping standards committed during a suspension period. If the National Disciplinary Anti-doping Court determines that one or one athlete or another person has committed a new infringement of the anti-doping standards prior to the notification of the first adverse analytical result and that the other infringement has occurred at least twelve (12) months before or after the infringement detected in the first place, the suspension period corresponding to the new infringement will be calculated as if it were a first independent infringement and this period will be enforced simultaneously. When the present article applies, the offences taken as a whole shall constitute a single offence for the purposes of articles 33 and 45.
If the Court determines that one or one athlete or another person has committed a violation provided for in article 12 of the present regime in respect of the doping control process of an alleged infringement underlying the antidoping rules, the infringement provided for in the aforementioned article shall be treated as a first independent infringement and the suspension period imposed on it shall be carried out in a consecutive and not simultaneous manner, to which the infraction is imposed. When the present paragraph applies, the offences taken as a whole shall constitute a single offence for the purposes of articles 33 and 45.
If the National Disciplinary Anti-doping Court determines that a person has committed a second or third violation of the anti-doping standards during a suspension period, the suspension periods for multiple infractions will be applied consecutively, not simultaneously.
Article 31.- Replace article 49 of Law 26,912 and its amendments with the following:
Article 49: Annulment of results in competitions following the taking of samples or the commission of an offence. In addition to the annulment of the results obtained in a competition during which a positive sample had been detected under article 22 of the present regime, all other results obtained in competition from the date on which a positive sample has been collected, during or outside the competition, or from the date on which another infringement had taken place, also from the beginning of any period of suspension or provisional suspension, shall be cancelled, together with all the penalties arising out of it, including all the awards.
Article 32. Replace article 50 of Law 26,912 and its amendments to the following:
Article 50: Loss of economic awards. National sport federations, anti-doping organizations or other signatories of the Global Anti-doping Code acting in the Argentine Republic who, for having committed an infringement of anti-doping standards, will recover a prize of an economic character, shall take the necessary measures to assign and distribute that award among those or athletes who would have been entitled to it if the offender or offender had not competed. The national sport federation concerned may, in its rules, decide whether the money of the redistributed prize is considered for the purposes of its athlete classification.
Article 33.- Replace article 52 of Law 26,912 and its amendments with the following:
Article 52: Start of the suspension period. When the athlete is already serving a period of suspension for an infringement of the anti-doping rules, any new suspension period will begin the first day following the end of the current period. In the other cases, except as provided for in articles 53 to 60, the suspension period begins on the date on which the final decision of the disciplinary procedure is rendered or, if it is waived, on the date on which the suspension is accepted or imposed in any way.
Article 34. Replace article 53 of Law 26,912 and its amendments with the following:
Article 53: Delays not attributable to the athlete or other person. In the event of a significant delay in the disciplinary procedure or in other aspects of the anti-doping control and the athlete or other person may prove that such delay cannot be attributed to him, the National Disciplinary Anti-doping Tribunal may begin the suspension period at an earlier date, even at the date of the taking of the sample in question or at the time of the subsequent violation. All results obtained in competition during the suspension period, including retroactive suspension, will be cancelled.
Article 35.- Default of article 54 of Act No. 26,912 and its amendments.
Article 36.- Replace article 55 of Law 26,912 and its amendments with the following:
Article 55: Deduction for periods of provisional suspension or periods of suspension. If the athlete or another person respects a provisional suspension imposed by the National Anti-Dropod Disciplinary Court, such an interim suspension period may be deducted from any other person who is definitively charged. If the athlete or another person does not respect the provisional suspension, that period cannot be deducted. If a period of suspension is met under a decision that is subsequently appealed, such a period of suspension may be deducted from any suspension imposed on appeal.
Article 37.- Replace article 56 of Law 26,912 and its amendments with the following:
Article 56: Completion of the provisional suspension voluntarily accepted by the athlete. If an athlete or another person agrees with the National Antidoping Commission in writing to voluntarily accept a provisional suspension?I agree that for its validity it must be presented to the National Antidoping Disciplinary Court, which must take the same reason within the time limit of seven (7) days? and those or those respecting that provisional suspension, such period must be deducted from the one that is definitively imposed. Each party involved which is notified of the existence of a possible infringement of the anti-doping rules, where appropriate, must immediately receive a copy of the voluntary acceptance of the provisional suspension by the athlete or the other person.
Article 38. Replace the first, third and fifth paragraphs of Article 58 of Law 26,912 and its amendments to the following:
Article 58: Situation of the offender or the offender during a suspension or provisional suspension. He or the athlete or another person who has been subjected to a period of suspension or provisional suspension cannot, during that period, participate, in any quality, in competition or activity authorized or organized by a signatory of the World Antidoping Code, member organizations of the signatories, including national sports federations or member clubs, in competitions organized or authorized by a professional league or an international organization of events, or in any national activity. This prohibition excludes competences or activities related to education and rehabilitation.
The offender or the offender who is charged with a suspension of more than four (4) years may, after four (4) years of suspension, participate in local sporting events in a sport that is not in which he has committed the infringement, but only if the local sporting event is not developed at a level where the athlete or the person in question are likely to work directly or indirectly for a national championship or an international event or to accumulate points of protection.
The athlete or other person who is charged with a suspension period is still subject to controls and must comply with the requirements of the National Antidoping Commission and the corresponding antidoping organizations to report on their location.
Article 39. Replace article 59 of Law 26,912 and its amendments with the following:
Article 59: Infraction of the prohibition of participation during the period of suspension or provisional suspension. In the event that the athlete or the other person to whom a suspension has been imposed violates the prohibition of participation during the suspension period described in article 58 of the present regime, the results of such participation must be nullified and added at the end of the original suspension period, a new suspension period equal to that of the original suspension period. This new period, including the sanction of non-derogable reprimand, may be reduced on the basis of the degree of guilt of the athlete or the other person and other circumstances of the case. The decision on whether or not the athlete or the other person has violated the prohibition of participation should be taken by the National Anti-doping Disciplinary Court and may be resorted to in accordance with the modalities provided for in articles 67 to 73. The athlete or other person who violates the prohibition of participation during the interim suspension period referred to in article 58 shall not receive any deduction for the period of provisional suspension that they comply with and the results of such participation shall be cancelled. In the event that a person in support of the athlete or another person substantially assists an athlete or an athlete to violate the prohibition of participation during the suspension period, the National Disciplinary Anti-doping Tribunal may impose penalties under article 15, paragraph (b), of the present regime for providing such assistance.
Article 40. Replace article 60 of Law 26,912 and its amendments with the following:
Article 60: Withdrawal of economic aid during the suspension period. In the event of an infringement of the anti-doping standards that does not involve a reduction in the penalty under articles 27 and 28, the signatories to the Global Anti-doping Code and the members of the signatories, the member organizations of the latter and the Government shall suspend the entire or part of the financial support or other benefits related to their sporting practice.
Article 41.- Replace article 64 of Law 26,912 and its amendments with the following:
Article 64: Consequences for team sports. If more than two (2) team members have committed a violation of anti-doping standards during the period of an event, it is up to the agency that directs the event to apply sanctions ranging from the loss of one (1) or more points obtained in a competition to the disqualification of the competition, which will join other sanctions applicable individually to the offenders or offenders.
The agency responsible for the event may establish standards with stricter penalties for team sports than those specified in this article. Similarly, an international sport federation or a national sport federation may establish rules that provide for stricter sanctions for team sports than those provided for in this article.
Article 42. Replace the first and second paragraphs of Article 65 of Law 26,912 and its amendments to the following:
Article 65: Decisions subject to appeal. Decisions adopted pursuant to this regime may be resorted to in accordance with the modalities provided for in articles 67 to 73 and, on a subsidiary basis, to the provisions of the Global Anti-Dropulation Code and international standards, where applicable. The appeals decisions remain in force during the appeals procedure, except that the appeals body decides otherwise.
The scope of application of the review on appeal includes all relevant aspects of the matter, without being limited to the matters seen or the scope of application of the instance responsible for the initial decision. Any party of the appeals court may submit evidence, legal arguments and claims that have not been raised in the first instance proceedings, provided that they arise from the same case or from the same general facts or circumstances raised or addressed in the lower instance.
Article 43.- Replace article 67 of Law 26,912 and its amendments with the following:
Article 67: Appeal against decisions relating to violations of anti-doping, sanctions, provisional suspensions, enforcement of decisions and competition. They may be resorted to in accordance with the modalities that are provided for in this article:
(a) A decision on the existence of an infringement of anti-doping standards;
(b) Those who impose or do not impose consequences as a result of a violation of such rules;
(c) Any person who establishes that no offence has been committed;
(d) Those according to which an open procedure for an offence cannot continue for procedural reasons, including its statute of limitations;
(e) Those of the World Anti-doping Agency not to grant an exception to the notification requirement in advance of six (6) months so that an athlete may return to the competition under article 90, third paragraph of this regime;
(f) The one of the World Antidoping Agency to yield a results management process, in the terms of Article 96, the penultimate paragraph of this regime;
(g) Those taken by the National Anti-Dropod Disciplinary Court and consist of not qualifying as an infringement of the anti-doping standards an adverse analytical result or an atypical result, or imposing or revoking a provisional suspension following a preliminary hearing - other than the provisions of article 98, subparagraph (a), subparagraph (ii), last paragraph - or implying a breach of the principles applicable to the provisional suspensions and those taken by the National Commission
(h) Those that establish that the National Disciplinary Anti-doping Tribunal is not competent to rule on a alleged violation or its consequences;
(i) To suspend, or not suspend, a period of suspension or to restore, or not restore, a period of suspension suspended under article 29 of this regime;
(j) A decision taken under article 59;
(k) Failure to execute the decision of another anti-doping organization under article 76;
(l) Failure to comply with article 96, fifth and sixth paragraphs;
(m) Failure to comply with article 32, first paragraph; and
(n) A decision based on the provisions of article 78, eighth paragraph.
Article 44. Default of the last paragraph of article 70 of Law 26,912 and its amendments.
Article 45.- Replace article 71 (d) of Law 26,912 and its amendments to the following:
(d) The national anti-doping organization of the country of residence of the person or of the countries of which the person is a citizen or has a licence.
Article 46. Replace article 72 of Law 26,912 and its amendments with the following:
Article 72: Notifications. Periods. Legitimation in cases of provisional suspension. All parties to an appeal to the Arbitral Tribunal of Sport or the Arbitral Tribunal Antidoping must ensure that the World Antidoping Agency and all other subjects entitled to appeal have been promptly notified of the appeal.
Appeals deadlines for applicants other than the agency shall be ten (10) days in the case of remedies provided for in article 69 and fifteen (15) days in the case of remedies provided for in article 68.
The time limit for appeals to the World Anti-doping Agency in the cases provided for in the present chapter and in article 86 is the time limit for which the expiry is set out below:
(a) Twenty-one (21) days after the last time the other parties involved in the case may have appealed;
(b) Twenty-one (21) days after receipt by the World Anti-doping Agency of the full request related to the decision.
The only person authorized to resort to a provisional suspension is the athlete or the person to whom the provisional suspension is imposed.
Article 47.- Replace article 74 of Law 26,912 and its amendments with the following:
Article 74: Omission of the National Antidoping Commission to issue on a request for authorization of therapeutic use. If the National Anti-doping Commission fails to issue a request for authorization of therapeutic use within a period of sixty (60) days, extended by another thirty (30) days, as provided for in article 93, tenth third paragraph, such omission may be regarded as a denial of the rights of appeal provided for in this chapter and in article 93, second paragraph.
Article 48. Replace article 76 of Law 26,912 and its amendments with the following:
Article 76: Automatic binding effect of decisions taken by the signatory antidoping organizations of the Global Antidoping Code. Once the parties to the disciplinary proceedings have been notified, the decisions on infringement of the anti-doping rules adopted by a signatory anti-doping organization, a national arbitral body or the Arbitral Tribunal of the Sport shall be automatically binding, beyond those parties, for the National Anti-doping Commission, the anti-doping organizations acting in the Argentine Republic, the national sport federations, the clubs and each of the sports groups,
(a) Decisions taken by any of the above-mentioned bodies imposing a provisional suspension, after the holding of a preliminary hearing or after the acceptance of such suspension or waiver of the right to a preliminary hearing, or the possibility of an abbreviated disciplinary or abbreviated processing of a remedy under article 98, subparagraph (c), sports subparagraphs (i) and (ii), automatically prohibits such a person from participating
(b) Decisions taken by any of the above-mentioned bodies imposing a period of suspension, after the processing of a disciplinary procedure or the waiver thereof, automatically prohibit the athlete or other person from participating, as provided for in article 58, in any sport subject to the authority of the National Anti-doping Commission, the anti-doping organizations operating in the Argentine Republic, the national sports federations or a signatory;
(c) Decisions taken by any of the above-mentioned bodies accepting an infringement of anti-doping standards will automatically be binding on the National Anti-doping Commission, anti-doping organizations operating in the Argentine Republic, national sports federations and all signatories;
(d) The decisions taken by any of the above-mentioned bodies to annul results under article 49 for a specified period of time shall automatically cancel all the results obtained under the authority of any of the signatories for the duration of that period;
(e) The National Anti-doping Commission, anti-doping organizations operating in the Argentine Republic, national sports federations and all signatories are required to recognize and apply the decisions and their effects as provided for in this article, without any further action required, at the first of the following dates: the date on which the signatory receives the effective notification of the decision or the date on which the World Anti-doping Agency incorporates such a system;
(f) Decisions adopted by a signatory anti-doping organization, a national arbitral body or the Arbitral Tribunal of Sport for which sanctions are suspended or revoked shall be binding on the National Anti-doping Commission, anti-doping organizations operating in the Argentine Republic, national sports federations and all signatories, without any other measure being necessary, at the first of the following dates: the date on which the decision is incorporated by the
Without prejudice to the provisions of the first paragraph of this article, decisions on infringement of anti-doping rules adopted by an organization responsible for major events in the context of urgent procedures during the dispute of an event shall not bind other signatories unless the rules of such organization offer the athlete or other person the opportunity to appeal in regular proceedings.
The National Anti-doping Commission, anti-doping organizations operating in the Argentine Republic, national sports federations, clubs and each of the signatories to the Global Anti-doping Code may recognize and apply other anti-doping decisions, other than those referred to in this article.
Decisions on anti-doping by an organ that is not a signatory to the Global Anti-doping Code should be implemented by the National Anti-doping Commission, anti-doping organizations operating in the Argentine Republic, national sports federations, clubs and each of the signatories of that code, if they determine that such decisions can be presumed to be consistent within the sphere of competence of that code,
Article 49.- Replace article 78 of Law 26,912 and its amendments with the following:
Article 78: Rules of interpretation. Time count. Temporary application of the regime. The footnotes accompanying several articles of the Global Antidoping Code should be used to interpret the provisions of the present regime which are similar to those of that Code. Annex I to the present regime shall be in accordance with annex 1 to the Global Anti-Dropod Code. The section Object, Scope of Application and Organization of the Programme of the Global Anti-Dhoping Code, as well as Annex 2 of the said order, as well as the application of Article 10 of the said code, shall be considered an integral part of the Code and shall be used to interpret the provisions of this regime which are analogous.
The Global Antidoping Code, in its official version, must be updated by the World Antidoping Agency and published in its English and French versions. In the event of a conflict of interpretation between the English and French versions of the Code, the English version prevails.
The Global Antidoping Code should be interpreted as an independent and autonomous document and not with reference to existing laws or statutes in the countries of signatories or Governments.
The titles used in the various parts of the Global Anti-Dropulation Code and the present regime are intended only to facilitate their reading and should not be regarded as a substantial part of the code or of the present regime, nor may they affect the text of the provision to which they relate.
When the term “days” is used in the Global Antidoping Code, an international standard and in the present regime should be understood as natural, complete and continuous days, as provided for in article 6 of the Civil and Commercial Code of the Nation and the inability or non-workable days are not excluded, except otherwise.
The Global Antidoping Code and the present regime shall not apply retroactively to outstanding matters prior to the date on which the amendments to the Code are incorporated into the present regime and enter into force. However, violations of the anti-doping standards prior to the incorporation of the amendments to the Global Anti-doping Code into this regime will continue to count as “first” or “second infringement” for the purpose of determining the penalties provided for in chapter 1 of Title III of the present regime for offences committed after the entry into force of such incorporation.
Any case of infringement of the anti-doping rules that were pending decision at the date of entry into force of a modification of the Global Anti-doping Code or of this regime and any case of infringement of the anti-doping rules that were reported after the date of entry into force of such modifications and is based on an infringement of the anti-doping rules committed prior to that date shall be governed by the prevailing non-doping rules In this regard, non-substantive rules of procedure shall be deemed to determine the previous periods for which the offences committed in them are to be considered for the purposes of the multiple infractions under article 48 and the limitation period set out in article 77, and shall be applied retroactively in conjunction with the rest of the rules of procedure of the Global Antidoping Code or of the present regime that are amended, however, the time limit for such modifications is not yet applicable.
In relation to cases in which a final decision of infringement of anti-doping rules had already been issued prior to the date of entry into force of a modification of the Global Anti-doping Code or of this regime, but the athlete or other person remain subject to a period of suspension in force at that date, they or they may request the intervening disciplinary court to consider reducing the period of suspension in the light of the modification of the Global Code. Such a request must be made before the current suspension period has expired. The decision issued by the intervening disciplinary court may be appealed under article 67. Amendments to the Global Anti-Dropod Code or the present regime shall not be applicable in any case of infringement of the anti-doping rules in which a final decision of the existence of infringement of such rules has been issued and the suspension period is over.
For the purpose of assessing the period of suspension for a second or third offence under articles 33 and 45, if the penalty for the first offence had been previously established for a modification of the Global Anti-Dropulation Code or the present regime, the period of suspension that would have been calculated for the first offence should have been applied if the rules contained in the modification of the Global Anti-Dropod Code or the present regime were applicable.
Article 50.- Replace article 80 of Law 26,912 and its amendments with the following:
Article 80: Objectives. The objectives of the National Antidoping Commission are:
(a) To issue anti-doping standards, based on new provisions, infractional figures, sanctions, control procedures and standards established by the World Anti-doping Agency, provided that the terms and guiding principles of the International Convention against Doping in Sport, adopted in the 33rd century, are respected. Meeting of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO), on 19 October 2005, adopted by article 1 of Act 26,161, due process, jurisdiction of the Arbitral Tribunal for Sport for international athletes and jurisdiction of local disciplinary courts for national athletes cases;
(b) Conduct the respective controls;
(c) Carry out the management of results and promote the disciplinary procedures necessary for doping;
(d) Establishing plans for the distribution of anti-doping controls at the national level, in competition or outside, with the ability to determine the opportunities for their implementation, to establish the selection systems of the athletes to control or proceed to their selection in a direct or random manner;
(e) Planning, implementing, monitoring, evaluating and promoting, within their sphere of responsibility and through mutual collaboration with the signatories of the Global Anti-Dropod Code, educational programmes in accordance with the requirements of the international standard of education;
(f) To publish the list of prohibited substances and methods under article 18, third paragraph of this regime;
(g) To avoid, except for cases authorized by this regime, the disclosure or public communication of atypical results and the adverse analytical results that come to their knowledge, preserving the right to privacy of the athlete or the athlete;
(h) Understanding the relations of cooperation between the Argentine Republic and the World Anti-Doping Agency and the main organizations responsible for the fight against doping in sport;
(i) Dictate your own rules of purchases and contracts that must be in accordance with the following general principles:
1. Reason for the project and efficiency of recruitment to meet the public interest and expected result.
2. Promoting stakeholder and stakeholder participation and inter-official competition.
3. Transparency in procedures.
4. Publicity and dissemination of the proceedings.
5. Responsibility of public officials or public officials who authorize, approve or manage recruitment.
6. Equal treatment for stakeholders and stakeholders and for offerers.
(j) Collaborate in the conduct of reciprocal doping controls with other organizations responsible for the fight against this in sport.
Article 51.- Replace article 81 of Law 26,912 and its amendments with the following:
Article 81: Composition and heritage. The National Anti-Doping Commission shall be headed and administered by an (1) executive board, which shall be responsible for the implementation of the objectives set out in article 80 and the other functions assigned to it in the present regime.
A consultative council will collaborate and advise the National Antidoping Commission on the development of general policies on education and the prevention of doping in sport, on the basis of the principle of clean play and the protection of the health of those and those involved in competitions.
The executive board will consist of one (1) president or one (1) president, one (1) secretary or one (1) secretary, one (1) treasurer or one (1) treasurer and three (3) vowels.
The president or president will have rank and hierarchy of Undersecretary or Undersecretary.
The secretary or the secretary and the Treasurer or the Treasurer shall have remuneration equivalent to that of national director or director of level A, grade 0, with executive function level I of the Collective Labour Convention of the National Public Employment System (SINEP), approved by Decree 2.098/08, its amendments and supplements.
One or one (1) vowel shall be responsible for the coordination of the tasks of control and investigation, one or one (1) vowel shall be responsible for the coordination of the tasks of managing results and one or one (1) vowel shall be responsible for the coordination of the tasks of education.
The vowels shall have remuneration equivalent to that of director or director of level A, grade 0, with executive function level II of the Collective Labour Agreement of the National Public Employment System (SINEP), approved by decree 2.098/08, its modifiers and complementary ones.
Members of the executive board shall be appointed by the national executive branch, on the proposal of the Ministry of Tourism and Sports.
The terms of office of the president, the secretary or the secretary and the Treasurer or the Treasurer of the National Antidoping Commission will last for four (4) years, coinciding with the corresponding Olympic cycle, and will be extended until 31 December of the year of dispute of the summer Olympic Games that close that cycle. The mandates of the vowels will last for three (3) years. If, for whatever reason, it is necessary to make modifications to the designations of the members of the executive board, they will be understood to be made until the mandate that is in force is completed.
The President or the President shall have the following rights and obligations:
(a) To represent the National Commission;
(b) Convening meetings of the executive board;
(c) Presiding the meetings of the executive board and the advisory board, and having a double vote in the event of a tie;
(d) To sign the records together with the secretary or secretary, the Treasurer or the Treasurer and the vowels;
(e) To sign in conjunction with the Treasurer or the Treasurer the payment orders and any documentation concerning the economic march of the national commission;
(f) To resolve matters of urgency, if it is not possible to convene the executive board in time and form, it must realize what happened at the next session.
The secretary or secretary shall have the following rights and obligations:
(a) Draft the records of the meetings of the Advisory Council and the Executive Board;
(b) Draft correspondence;
(c) Sign the records with the president or the president, the Treasurer or the Treasurer and the vowels;
(d) Acting as secretary or secretary at the consultative council meetings.
The Treasurer or the Treasurer shall have the following rights and obligations:
(a) Deposit the funds received in the bank or entities designated by the executive board in accounts to the order of the national commission;
(b) Make payments approved by the executive board or authorized by the president or the president;
(c) To sign jointly with the president or the president the payment orders, cheques and all the financial documentation of the national commission;
(d) Carrying the necessary accounting books and preparing the annual report and balance sheet, having to provide the executive board with the reports that it requires regarding the movement and economic status of the national commission;
(e) To prepare and submit to the Executive Board the necessary budgets for the purpose of the national commission;
(f) Sign the records with the president or the president, the secretary or the secretary and the vowels.
The advisory council shall be chaired by the president or president of the National Anti-Dropod Commission and shall be composed of one or one representative of the Ministry of Tourism and Sports; one or one (1) representative of the Ministry of Health, one or one (1) representative of the Secretariat for Integral Drug Policy of the Argentine Nation of the Chief of Staff of Ministers, one or one (1) representative of the Argentine Olympic Committee, one or one (1) representative of the Argentine Paralympic Committee
The National Antidoping Commission shall issue its internal rules of procedure and approve its organizational structure. The members of the Consultative Council of the National Anti-Doping Commission shall carry out their functions ad honorem.
The staff of the National Anti-doping Commission shall be equal to the scale-up and retributive regimes of the Collective Sectoral Labour Convention of the National Public Employment System (SINEP), approved by Decree 2.098/08, its amendments and supplements.
The National Anti-doping Commission will receive a permanent allocation from the national State for the payment of its personnel, the cost of the controls in its charge, the contribution of the Argentine Republic to the budget of the World Anti-doping Agency, the education programmes and the attention of the rest of the expenses of its operation, which should be included annually in the national budget, and will be transferred monthly in favour of the aforementioned national commission, by the Ministry of Tourism and Sports. In addition, the National Anti-doping Commission's assets will be made up of contributions, donations, subsidies and contributions made by human or legal persons and the production of the anti-doping control services provided to third parties, or delegated or contracted national or international sport federations or professional leagues.
The resources of the National Anti-doping Commission are exempt from the payment of national taxes or fees, as well as the payment of import duties and any other tax, tax, contribution, tariff or customs rate created or created for the import of goods intended for the use of doping controls by the agency. Over the fiscal year, the amount deposited in your account will automatically be transferred to the next period.
Article 52.- Replace article 82 of Law 26,912 and its amendments with the following:
Article 82: Responsibility of national sport federations in anti-doping control. The national sport federations and the sporting civil associations that integrate them are responsible for the following obligations, without prejudice to the objectives set out in their respective statutes:
(a) Accepting these anti-doping standards and incorporating them directly or by reference in their statutes and regulations as part of sporting standards;
(b) Execute the sanctions provided for in the present regime;
(c) To protect confidential information on breaches of anti-doping standards, beyond persons to be aware of it, such as the competent staff of the Argentine Olympic Committee, the Argentine Paralympic Committee, national sports federations and team in team sports, until the National Anti-doping Commission proceeds to its dissemination in accordance with article 109;
(d) To disseminate among the different elements of each entity, the basic preventive content on doping in sport;
(e) Provide the National Anti-doping Commission with information on the location of athletes who are not included or included in a registered group for controls and
(f) Provide the National Antidoping Commission annually with the criteria used by the international sport federation to classify athletes as international athletes.
Article 53.- Replace article 83 of Law 26,912 and its amendments with the following:
Article 83: Sanctions to national sports federations. Failure to comply with the provisions of this regime by the national sport federations referred to in article 82 and the sports civil associations that integrate them will result in the following sanctions, depending on the gravity and circumstances of the case:
(a) Perception;
(b) Disqualification from three (3) months to two (2) years, and from two (2) to four (4) years in case of recidivism, in order to receive economic support from the Ministry of Tourism and Sports and the National High Performance Entity.
The penalties provided for in this paragraph shall remain in force until the respective national sport federation regulates, at the discretion of the National Antidoping Commission, the causes of the sanctions applied.
Sanctions will be applied by the Ministry of Tourism and Sports and by the National High Sports Entity, as appropriate. Decisions adopted by the Ministry in accordance with this article may be appealed under the National Administrative Procedures Act 19,549 and its amendments and the Administrative Procedures Regulations, Decree 1,759/72 - t.o. 2017.
Article 54.- Replace article 84 of Law 26,912 and its amendments with the following:
Article 84: Antidoping Arbitral Tribunal. The National Anti-doping Commission will promote the organization of an operational and institutionally independent tribunal to be called the Anti-doping Arbitral Tribunal, which will act as a legal arbitrator, to understand in the appeals instance provided for in article 69 of the present regime and to issue its own rules of procedure.
The rules of procedure of the Arbitral Antidoping Court must be approved by the National Antidoping Commission.
Article 55.- Replace article 89 of Law 26,912 and its amendments with the following:
Article 89: Controls and investigations. Controls and investigations may be carried out for any antidoping purpose. Controls will be carried out to demonstrate through analytical evidence that the athlete has committed the infractions provided for in Articles 8 - a premise of a prohibited substance or its metabolites or markers in the sample of an athlete or 9th -use or attempt to use a prohibited substance or a prohibited method.
The National Antidoping Commission will be empowered to conduct research and obtain strategic information in accordance with the International Standard for Controls and Investigations.
Any athlete may be required or required by any anti-doping organization with authority over him or her to deliver a sample at any time and place, with the exception of international events, in which the taking of samples must be initiated and carried out by international organizations that constitute the body responsible for such events, such as the International Olympic Committee at the Olympic Games, the international sport federation in a world championship or other Pan American Games in their jurisdiction and the Pan American Organization. At national events, sample-taking should be initiated and carried out by the National Anti-Dhoping Commission.
The National Anti-doping Commission shall have the authority to conduct competition and non-competitive controls to all or all athletes who are citizens, residents, have a license or are members of sports organizations of the Argentine Republic or who are present in the Argentine Republic and any athlete on whom it has control authority that has not been withdrawn, including those or athletes in a period of suspension.
Any international sport federation shall have the authority to conduct competition and non-competitive controls to all or all athletes subject to or subject to its rules, including or including those or those participating in international events or events that are governed by the rules of such international sport federation, or who are members or have a licence from that entity or its affiliated national sport federations, or its members.
Any organization responsible for major sporting events, including the International Olympic Committee and the International Paralympic Committee, shall have the competence to perform competition controls for their events and to perform out-of-competitive controls on all or all athletes registered or registered at one of their future events or who have otherwise been subject to or otherwise subject to the competition to perform controls of the organization responsible for major sporting events, for a future event.
The World Antidoping Agency will have the authority to carry out, in exceptional circumstances, anti-doping controls on its own initiative or at the request of other anti-doping organizations and collaborate with relevant national and international agencies and organizations, providing, inter alia, instructions and research.
In the event that an international sport federation or organization responsible for major sporting events delegates or hires the execution of controls to the National Antidoping Commission, the National Antidoping Commission may collect additional samples or instruct the laboratory to carry out additional types of analysis from that Commission. In the event that additional samples are collected or additional types of analysis are performed, the international sport federation or the organization responsible for major sporting events should be informed.
Only one organization will be empowered to perform controls at the headquarters of an event during the event. At international events, international organizations that act as responsible entities of such events, such as the International Olympic Committee at the Olympic Games, the international sport federation in a world championship and the Pan American Sports Organization at the Pan American Games will be able to perform the relevant controls. At national events, the National Antidoping Commission will carry out the controls. At the request of the entity responsible for the event, any control that takes place during the event in a place other than the headquarters, shall be coordinated with that entity.
If an anti-doping organization, which would be the control authority, but which is not responsible for initiating and conducting controls during a particular event, nevertheless wishes to carry out additional controls to the athletes at the event's headquarters during the event, it must, in this case, consult first with the organization responsible for the event to request permission in order to carry out and coordinate any additional control. If the organization responsible for the event refuses permission, the anti-doping organization may, following the procedures published by the World Anti-doping Agency, apply for permission to this entity to perform additional controls and decide how to coordinate such controls. The World Antidoping Agency may not grant authorization for such additional controls without having previously consulted and informed the organization responsible for the event. The decision of the World Antidoping Agency will be final and cannot be appealed. Unless otherwise provided in the authorization granted to perform controls, these will be considered controls outside competition. The management of the results of these controls will be the responsibility of the anti-doping organization that initiates the controls, with the exception of forecasting to the contrary in the rules of the organization responsible for the event.
The National Anti-Dropod Commission will plan the distribution of the controls and perform them in accordance with the International Standard for Controls and Investigations.
Where reasonably possible, the controls will be coordinated through the ADAMS system, in order to optimize the effectiveness of joint efforts and avoid their useless repetition.
Article 56.- Replace article 90 of Law 26,912 and its amendments with the following:
Article 90: Information on the location or whereabouts of the athlete. Those or athletes who have been included or included in a group registered for controls by their international sport federation or the National Anti-Dropod Commission shall provide information on their location or whereabouts as provided for in the International Standard for Controls and Investigations and shall be subject to sanctions in the event of the infractions provided for in article 11 of the present regime, as provided for in article 25. International sports federations and the National Anti-Dropod Commission should coordinate the identification of such athletes and the collection of this information. International sports federations and the National Anti-Dropod Commission shall make available, through the ADAMS system, a list identifying by name the athletes included or included in the registered control group. Athletes or athletes shall be notified or notified before being included or included in a registered group for controls and being given or discharged. Information regarding their location or whereabouts that they deliver while in the registered control group may be consulted, through the ADAMS system, by the World Antidoping Agency or other antidoping organizations with competence to perform controls to or to the athlete as provided for in Article 89. This information will be kept strictly confidential at all times; it will be used only for the purposes of planning, coordinating or carrying out the anti-doping controls, to provide relevant information for the biological passport of the athlete or other analytical results, to support an investigation of a potential infringement of the anti-doping standards or to support procedures in which the infringement of an anti-doping norm is claimed and will be destroyed when it is no longer useful for these purposes.
The National Anti-Dropod Commission may, in accordance with the International Standard for Controls and Investigations, seek information on the location of athletes who are not included or included in a registered group for controls and establish appropriate and proportionate penalties other than those provided for in article 11 of the present regime, in accordance with the rules to that effect.
If an international or national athlete included or included in a registered group for controls is withdrawn and subsequently wishes to return to active participation in the sport, he may not participate in international or national events until he has made himself available to the authorities for the conduct of controls, by written notification of six (6) months in advance of his international sport federation and the National Antidoping Commission. The World Anti-doping Agency, after consultation with the relevant international sport federation and the National Anti-doping Commission, may exempt the athlete from complying with such a requirement, if its application is manifestly improper or inequitable. The respective decisions may be appealed as provided for in chapter 3 of Title III.
Any result of competition obtained in contravention of the provisions set out in the preceding paragraph shall be nullified, except that the athlete shows that he could not reasonably know that it was an international or national event.
If an athlete withdraws from the sport while in a suspension period, he or she must notify the anti-doping organization that imposed the penalty in writing. If you subsequently wish to return to active competition in sport, you will not be able to compete in international events or national events until it has been made available to the authorities for the execution of controls, in accordance with the provisions of article 62 of this regime.
Article 57.- Replace the second and third paragraphs of article 91 of the Act with the following amendments:
In the remaining sports, the financing of the anti-doping controls that are covered by the distribution plans provided for in article 80 (d), shall be carried out by the National Anti-doping Commission, the National High Sports Performance Ente, or by the national sport federation or organization responsible for an event that, as appropriate, may be determined by that commission.
The determination of the professional character - or non-sports, for the purposes of the application of this regime, is carried out by the National Anti-Douping Commission, with the prior technical advice of the National High Sports Performance Entity. Both such determination and responsibility for the financing of the anti-doping controls provided for in the preceding paragraph are subject to the appeals instance provided for in article 67.
The financing of sports anti-doping controls of both professional and non-professional character, which are not included in the distribution plans provided for in Article 80 (d), shall be carried out by the national sport federation or professional league or by the organization responsible for an event.
Article 58.- Replace article 92 of Law 26,912 and its amendments with the following:
Article 92: Expenditures for the Legal Regime for the Prevention and Control of Doping in Sport. The expenditure that extends the provisions of this regime to the National Antidoping Commission shall be covered by the permanent allocation provided for in article 81 of the Penal Code.
If the specific impact resources of the National Anti-doping Commission were increased above the current budget estimate, the Chief of Staff of Ministers was empowered to extend the budget to the amounts actually collected.
Article 59.- Replace the fourth and ninth paragraphs of Article 93 of Law 26,912 and its amendments to the following:
If one or an athlete already had an Authorization of Therapeutic Use (AUT) for a particular substance or method, granted by the National Antidoping Commission and such authorization complied with the criteria set out in the international standard for the authorization of therapeutic use, the international sport federation must recognize it. If the international sport federation considers that the authorization of therapeutic use (AUT) does not meet such criteria and refuse recognition, it must immediately notify the athlete or the National Antidoping Commission, expressing the reasons for such refusal. The athlete or the National Anti-doping Commission may request a review of the refusal before the World Anti-doping Agency within twenty-one (21) days from the date of notification. In such cases, the Authorization of Therapeutic Use (AUT) granted by the National Antidoping Commission will maintain its validity for controls at national level and controls outside competition, excluding competitions at the international level, until the World Antidoping Agency is issued. If the period of twenty-one (21) days has not been requested to review the refusal before the World Antidoping Agency, the National Antidoping Commission shall decide whether the Authorization of Therapeutic Use (AUT) originally granted by it must maintain its validity for competencies or evidence outside national competence - provided that the athlete ceases to be of international level and does not participate in competitions of that level-. Until the National Antidoping Commission is issued, the Authorization of Therapeutic Use (AUT) will maintain its validity for competencies and evidence outside national competence, not for competences at the international level.
In the event that an anti-doping organization chose to collect a sample from a person who is not an international or national athlete, and that person was using a prohibited substance or a method prohibited by therapeutic reasons, the anti-doping organization should allow him to apply for a retroactive therapeutic (AUT).
Article 60.- Replace article 94 of Law 26,912 and its amendments with the following:
Article 94: Sample analysis. The samples will be analyzed in accordance with the following principles:
(a) For the purpose of directly accrediting an adverse analytical result under Article 8 of the present regime, samples shall be analysed only by laboratories accredited by the World Anti-Dropulation Agency or approved by the agency. The choice of the laboratory accredited or approved by the World Anti-Dropage Agency used for sample analysis will depend exclusively -in local controls and competences- of the National Anti-Dropping Commission.
As set out in chapter 3 of Title II of the present regime, the facts relating to violations of anti-doping standards may be credited by any reliable means, including laboratory controls or other reliable forensic controls performed outside laboratories accredited or approved by the World Anti-doping Agency;
(b) Samples, related analytical data or anti-doping control information will be analysed to detect prohibited substances and methods identified in the list of prohibited substances and methods and any other substances whose detection is requested by the World Anti-doping Agency, depending on the follow-up programs that it implements in relation to substances that are not included in the aforementioned list, but that the agency deems it appropriate to control with the object of detecting relevant patterns of DNA
(c) Samples, related analytical data and anti-doping control information may be used for research in this area, although no sample may be used for that purpose without the written consent of the athlete or the athlete. The samples, information and data used for research purposes should be treated in such a way that they cannot be identified with any particular athlete. Any research based on the above-mentioned samples, information and data shall conform to the principles set out in the Global Antidoping Code for antidoping research;
(d) Labs should analyse samples and communicate their results in accordance with the international laboratory standard. They may, on their own initiative and at their expense, analyse samples for prohibited substances or prohibited methods not included in the usual analysis repertoire or as instructed by the anti-doping organization that has initiated and directed the taking of the sample. The results of these analyses should be communicated and have the same validity and give rise to the same penalties as any other analytical result;
(e) Labs may repeat or perform further analysis of a sample before the National Anti-Dropping Commission or the intervening anti-doping organization notify the athlete that the sample will serve as the basis for a violation of anti-doping standards under Article 8 of this regime. If, after such notification, the National Antidoping Commission or the intervening antidoping organization foresees further analysis of such a sample, they may do so provided that the consent of the athlete or the authorization of a disciplinary court is depleted;
(f) After a laboratory has reported that a sample is negative or has not resulted in an imputation of infringement of an antidoping norm, such sample may be stored and subjected to further analysis for the purposes of subparagraph (b) at any time as requested by the National Antidoping Commission, the other antidoping organization that had initiated and directed the taking of the sample or the World Antidoping Agency. Any other antidoping organization empowered to perform controls on the athletes who intend to perform further analysis on a stored sample must obtain the authorization of the National Antidoping Commission, the other antidoping organization that had initiated and directed the taking of the sample or the World Antidoping Agency, and will be responsible for the further management of results. Both the storage of a sample and its new analysis at the request of the World Antidoping Agency or another antidoping organization will be carried out by such entities. New sample analysis should be adjusted to the requirements of the international laboratory standard;
(g) When the World Antidoping Agency, the National Antidoping Commission, an antidoping organization responsible for the management of results or a laboratory accredited by the aforementioned agency, would have - with the authorization of the World Antidoping Agency, the National Antidoping Commission or the other antidoping organization that would have been responsible for the management of results - to divide a sample A or B for the purpose of using the first sample bottle
(h) The World Anti-doping Agency may, at its sole discretion and at any time, with or without prior notification, take physical possession of any sample and of the analytical information or data related to it, which are in possession of a laboratory or an anti-doping organization. At the request of the aforementioned agency, the laboratory or the anti-doping organization in possession of the sample must immediately allow the World Anti-doping Agency to access the sample and take physical possession of it. Where the World Anti-Dropod Agency had not referred a pre-report to the laboratory or anti-doping organization, prior to taking possession of a sample, it must refer such notification to both the laboratory and all the anti-doping organizations of whose samples it has taken possession within a reasonable time after having taken possession of them. After the analysis and investigation of a sample of which it has taken possession, the World Anti-Dropod Agency may require another anti-doping organization empowered to perform a control of the athlete, who assumes responsibility for the management of the results of the sample if it has discovered the existence of a possible infringement of the anti-doping standards.
Article 61.- Replace article 95 of Law 26,912 and its amendments with the following:
Article 95: Results management. Results management is the procedure for the fair, prompt and effective resolution of cases of infringement of anti-doping standards and should be carried out in accordance with the provisions of the international standard for results management and the present regime.
Article 62.- Replace article 96 of Law 26,912 and its amendments with the following:
Article 96: Competence for the realization of results management. As a principle, the management of results will be responsible, in accordance with the provisions of the Global Anti-Dropulation Code and the International Standard for Results Management, of the anti-doping organization that has initiated and directed the taking of the sample or, in case there has been no sample taking, the anti-doping organization that has first notified one or one athlete or another the existence of a possible infringement of an anti-doping norm and then carries out the infringement. The National Antidoping Commission will be competent to conduct the management of results at national events and in controls outside the competence of the national athletes or who are citizens or citizens, residents, have a license or are members of sports organizations of the Argentine Republic or who are present in the Argentine Republic and any athlete on the one or the one who has control authority that has not been withdrawn, including those or athletes who are present in a period of suspension.
Disputes between anti-doping organizations on which they have the responsibility to carry out results management will be settled by the World Anti-doping Agency, which will decide on which organization such responsibility falls. The decision of the World Antidoping Agency may be appealed to the Arbitral Tribunal of Sport within seven (7) days of its notification by any of the antidoping organizations involved in the conflict. The appeal shall be handled by the aforementioned court in a summary manner and shall be heard by a single arbitrator. Any anti-doping organization wishing to carry out results management even if it lacks due competence under this article, may request the approval of the World Anti-doping Agency for this purpose.
When the National Anti-doping Commission elects to collect new samples as provided for in article 89, paragraph 8 of the present regime, it shall be considered to be the anti-doping organization that has initiated and directed the taking of samples. However, when the Commission only requires the laboratory to perform complementary types of analysis from it, it will be considered that the international sport federation or the organization responsible for major events is the antidoping organization that has initiated and directed the taking of samples.
In the event that the regulations of a national anti-doping organization do not give you competence over one or one athlete or another person who is not a national, resident, holder of a license or member of a sporting organization of that country, or that the national anti-doping organization declines such competence, the management of results will be carried out by the corresponding international sport federation or by a third party with a sports authority over the athlete or another person as provided for. In order to carry out the management of results and the disciplinary procedure in relation to an additional control or analysis carried out by the World Anti-Dropping Agency or by an infringement of the anti-doping standards discovered by the aforementioned agency, it shall designate an anti-doping organization with competence over the athlete or other person.
With regard to the management of results initiated in relation to a sample collected during an event organized by an organization responsible for major events or a violation of the anti-doping standards committed during an event of this nature, such organization must assume the competence of the management of results, at least in charge of the holding of a hearing in which it is determined whether a violation has been committed and, if so, to resolve the applicable penalties, the loss of any awards of any In the event that the organization responsible for major events only assumes a partial competence on the management of results, it must refer the matter to the international sport federation competent for its conclusion.
The World Antidoping Agency may require any competent antidoping organization to perform results management, to carry out the management of a specific case. If the anti-doping organization fails to perform it within the time limit reasonably set by the World Anti-doping Agency, this omission will be considered a non-compliance and the aforementioned agency may require that it assume the competence of the management of results instead another anti-doping organization with authority over the athlete or other person wishing to do so or, in its absence, any other anti-doping organization that expresses its ability to perform with such an obligation. In this case, the anti-doping organization that had failed to perform the results management mandated by the World Anti-doping Agency shall reimburse the professional expenses and fees that derive from it to the other anti-doping organization designated by the World Anti-doping Agency and the omission of such reimbursement shall be considered non-compliance.
The management of results referring to an alleged breach of the location or whereabouts of the athlete, for failing to provide the data for their location or not to be presented to a control, shall correspond to the international sport federation or the national anti-doping organization to which the athlete must deliver the information on their location, in accordance with the provisions of the International Standard for Results Management.
Article 63.- Replace article 97 of Law 26,912 and its amendments with the following:
Article 97: Review and notification of alleged violations of anti-doping standards. The review and notification of any alleged infringement of anti-doping standards shall be carried out in accordance with the International Standard for Results Management.
The National Anti-doping Commission shall issue the rules of procedure for the preliminary review of possible infringements of anti-doping standards, in accordance with the principles of the Global Anti-doping Code, the aforementioned standard and the present regime.
In the results-management procedure, the disciplinary procedure provided for in chapter 5 of this title and the appeals instance provided for in article 69 shall be valid for electronic notifications made through the “Distance Procedure” Platform (TAD) approved by decree 1.063 of 4 October 2016 and its amendment, or the system based on law 25,506 and its amendment, which in the future replaces it.
Before notifying an athlete or another person of the alleged infringement of an anti-doping rule, the intervening anti-doping organization should consult the ADAMS system and request the World Anti-doping Agency and other relevant anti-doping organizations to provide information on whether there is any previous infringement of anti-doping standards.
Article 64.- Replace article 98 of Law 26,912 and its amendments with the following:
Article 98: Mandatory and discretionary interim suspensions. The provisional suspensions shall conform to the following principles:
(a) When an adverse analytical result or an adverse result is received in the passport, after the review process of the passport has been carried out, due to the presence of a prohibited method or substance other than a specific substance or specific method, the National Disciplinary Antidoping Tribunal shall impose an interim suspension immediately after the review and notification provided for in article 97. The mandatory provisional suspension may be revoked if:
1. He or the athlete shall prove to the court that the offence is probably due to the presence of a contaminated product.
2. The offence concerned a substance of abuse, or the athlete will prove that intake or use occurred outside the competence and was not related to sports performance and successfully carried out a programme against substance abuse approved by the National Anti-Dropod Commission, with the advice of the Secretariat for Comprehensive Drug Policies of the Argentine Nation of the Chief of Staff of Ministers.
The decision of the National Disciplinary Anti-doping Court not to revoke the mandatory provisional suspension after examining the discard of the athlete referring to the presence of a contaminated product shall not be appealed;
(b) In breaches of anti-doping rules arising from an adverse analytical result due to specific substances, specific methods or contaminated products or other breaches of anti-doping standards, the National Anti-doping Disciplinary Court may impose a provisional suspension prior to the analysis of the Athletes ' or Athletes ' B or the decision provided for in article 107 of this regime;
(c) Subject to subparagraphs (a) and (b), the provisional suspension may be imposed only when the athlete or other person is granted:
1. The opportunity to appear in a preliminary hearing either before the imposition of the provisional suspension or within ten (10) days after it.
2. The possibility of abbreviating the disciplinary procedure provided for in chapter 5 of this title, following the imposition of the provisional suspension, when the characteristics of the case and the evidence to produce so permit. The rules for remedies provided for in article 69 of the present regime should also provide for the possibility of printing an abbreviated procedure for appeals against the imposition of an interim suspension, or against the decision not to impose it.
(d) If the provisional suspension had been imposed on the basis of the adverse analytical result of a Sample A and the subsequent analysis of the B Sample if it had been requested by the athlete or the anti-doping organization? do not confirm the analysis of the A Sample, the provisional suspension imposed on the grounds of a violation provided for in Article 8 of the present regime shall be reversed. In the event that the athlete, or the team of the athlete, if so provided for by the rules of the organization responsible for major events or the relevant international sport federation, would have been expelled from an event on the basis of an infringement under Article 8 and the subsequent analysis of the B Sample did not confirm the results of the A Sample and if it were still possible to readmit the athlete or his team without affecting another way;
(e) The decisions of the National Disciplinary Anti-doping Court to impose an interim suspension have enforceable force, so that the court is empowered to put them into practice by its own means, unless the law or nature of the act requires judicial intervention, and the appeals made by the parties concerned do not suspend their execution and effects.
Article 65.- Replace article 99 of Law 26,912 and its amendments with the following:
Article 99: Voluntary acceptance of a provisional suspension. The athletes may voluntarily and on their own initiative accept any provisional suspension, provided they do:
(a) Within ten (10) days from the communication of the results of the sample B analysis, or from the waiver of the sample analysis, or of the ten (10) days after notification of any other infringement of the anti-doping standards;
(b) Before the date on which the athlete first competes from communication or notification.
Other persons may also voluntarily and on their own initiative accept the provisional suspension if they do so within ten (10) days of notification of the infringement of the anti-doping rule.
The voluntarily accepted provisional suspension shall have the same effect and shall be treated in the same manner as the one imposed under subparagraphs (a) and (b) of the previous article; however, at any time after the voluntary acceptance of the provisional suspension, the athletes or other persons may withdraw such acceptance, in which case they shall not receive any discount for the time they have been subject to or subject to the provisional suspension.
Article 66.- Replace the first paragraph of article 100 of Law 26,912 and its amendments to the following:
Article 100: Elevation of proceedings to the National Disciplinary Antidoping Court. Upon completion of the review and notifications provided for in article 97, notifications of the provisional suspensions imposed and the preliminary phase of the results management process, the National Anti-doping Commission shall bring the proceedings to the National Anti-doping Disciplinary Court, where the latter is competent, for the instruction of the disciplinary procedure referred to in chapter 5 of this title.
Article 67.- Replace article 101, first paragraph of Act 26,912 and its amendments to the following:
Article 101: National Disciplinary Antidoping Court. The National Disciplinary Anti-doping Tribunal should be constituted as an independent body, as a public, private or mixed legal person, or within the scope of any such person, and should be composed of three (3) members in a position to evaluate cases of doping in a fair, impartial and operationally independent manner.
Article 68.- Replace the second paragraph of article 102 of Law 26,912 and its amendments to the following:
The Arbitral Tribunal of Sport may directly deal with cases involving infringements of anti-doping standards to athletes or other persons at the international or national level, when the consent of the athlete or the other person, the World Anti-doping Agency and the National Anti-doping Commission is measured.
Article 69.- Replace article 104 of Law 26,912 and its amendments with the following:
Article 104: Renunciation of disciplinary proceedings. The athlete or another person has the right to waive the disciplinary procedure, stating such a circumstance in writing or not to lodge the remedies provided for in articles 67 and 69, within the time limit set for this, when the National Anti-Dropod Disciplinary Court has declared the existence of an infringement of the anti-doping rules.
Article 70.- Replace the second paragraph of article 107 of Law 26,912 and its amendments to the following:
The decision of the court must be issued within a reasonable time, in writing and signed by the members involved. It shall not be limited to a particular geographical area or specific sport, and shall address and resolve, without limitation, the following questions:
(a) If an anti-doping norm has been infringed, or an interim suspension must be imposed, the factual basis of such a decision and the specific articles of this regime that have been infringed;
(b) Sanctions applicable to infringement of anti-doping standards, including cancellations applicable under articles 22 and 49, loss of any medal or award, imposition of a suspension period, indicating the start date and any economic sanction, taking into account that the organizations responsible for the major events will not be obliged to resolve the suspension or economic sanctions beyond the event in question.
Article 71.- Replace article 109 of Law 26,912 and its amendments with the following:
Article 109: Dissemination of information on antidoping controls. Once the athlete or other person is notified under the International Standard for Results Management and relevant anti-doping organizations, the National Anti-doping Commission may make public the identity of any athlete or other person who has been notified of a possible violation of anti-doping, prohibited substance or prohibited method and the nature of the offence in question, as well as whether the athlete or other person is subject to provisional suspension.
Within twenty (20) days after the commission of an infringement of the anti-doping rules has been determined in the appeal instance provided for in articles 68 and 69 of this regime; the waiver of such an appeal or the instruction of a disciplinary proceeding pursuant to chapter 5 of Title V; the transfer of the charge under article 105, paragraph 2, has not been answered; the matter has been resolved under article 32; The commission must also proceed, within twenty (20) days, to the disclosure of the results of the final decisions concerning breaches of anti-doping standards, incorporating the same information.
When the commission of an infringement of the anti-doping rules has been determined in the appeal instance provided for in articles 68 and 69 of this regime; the waiver of such an appeal or the instruction of a disciplinary proceeding pursuant to chapter 5 of Title V; the transfer of the charge has not been answered in the terms of article 105, second paragraph; the matter has been resolved under article 32; or a new period of suspension has been imposed,
In the event that, following a disciplinary or appeal procedure, it is concluded that the athlete or the other person did not commit any infringement of the anti-doping standards, the circumstances of the appeal may be disclosed. However, only the content of the decision itself and the underlying facts may be disclosed with the consent of the athlete or the other person to whom the decision relates. The National Anti-doping Commission may propose that such consent be given and, if achieved, disclose the decision in full or in a manner that accepts the athlete or the other person.
The publication will be made at least by displaying the necessary information on the website of the National Antidoping Commission or by publishing it by other means and leaving it exposed for one (1) month or while the suspension period lasts, if it were higher. The National Anti-doping Commission, other anti-doping organizations, laboratories accredited by the World Anti-doping Agency, and all its staff, shall refrain from publicly commenting on the specific data of any outstanding case, provided that it is not a general description of the process and its scientific aspects, except in response to public comments attributed to the athlete or the other person accused of having infringed the anti-doping standards, or their representatives.
The mandatory public disclosure provided for in the second paragraph of this article does not apply when the athlete or other person who has been found guilty of having committed an infringement of anti-doping standards, whether one or a minor, a protected person or a recreational or recreational athlete. Optional disclosure in cases involving minors, protected persons or recreational or recreational athletes will be proportional to the facts and circumstances of the case.
Article 72.- Replace the definitions of appendix 1 of the Global Anti-Dropulation Code, adopted by article 112 of Act No. 26,912 and its amendments, with those of annex I, which is an integral part of this Act.
Article 73.- Please note the allocation for the National Anti-doping Commission, for the payment of its staff, the cost of the controls in its charge, the contribution of the Argentine Republic to the budget of the World Anti-doping Agency, the education programmes and the attention of the rest of the expenses of its operation, for the present period, in the sum of pesos a hundred and ten million ($110,000.000).
Article 74.- Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DAYS OF THE APRIL MONTH OF THE YEAR DOS MIL VEINTIUNO.
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CLAUDIA LEDESMA ABDALA DE ZAMORA - SERGIO MASSA - Marcelo Jorge Fuentes - Eduardo Cergnul
NOTE: The Annex/s that integrate/n this(a) Law is published in the web edition of BORA -www.boletinoficial.gob.ar-
e. 23/04/2021 No. 26359/21 v. 23/04/2021
(Note Infoleg: The annexes referred to in this rule have been extracted from the official newsletter web edition)
Annex I
Definitions of Annex 1 of the Global Anti-Dropulation Code.
Definitions should be understood within the context of the Global Anti-Dropod Code.
1. ACTIVITIES ANTIDOPAJE: Education and information for the fight against doping in sport, planning the distribution of the controls, maintenance of a registered control group, management of the biological passports of the athletes, carrying out controls, organization of analysis of samples, collection of information and conduct of research, processing of requests for authorization of the therapeutic use, management of results, monitoring and demand of compliance with the imposed sanctions and all the doping
2. Non-exempt agreement: For the purposes of articles 29 and 32, any written agreement between an anti-doping organization and an athlete or another person that allows such an athlete or person to provide information to the anti-doping organization in a defined time frame, it is understood that, in the event of no agreement on substantial aid or for the resolution of the case, the information provided by the carrier or the other person may not be Such an agreement shall not impede the use by the anti-doping organization, the athlete or another person of information or evidence obtained from any source in a context other than the specific time frame specified in the agreement.
3. ADAMS: The anti-doping management and administration system—in English language: “Anti-Doping Administration and Management System”—is a tool for database management located on an internet site to introduce information, store, share and produce reports in order to assist stakeholders and the ANTIDOPAJE GLOBAL AGENCY in their anti-doping activities along with data protection legislation.
4. ADMINISTRATION: Provision, provision, supervision, facilitation or other participation in the use or attempt to use by another person of a prohibited substance or prohibited method. However, this definition does not include the actions of medical personnel of good faith that involve the use of a prohibited substance or prohibited method for genuine and legal therapeutic purposes or with another acceptable justification, and also actions that involve the use of prohibited substances that are not prohibited in controls outside competition, unless the circumstances, taken as a whole, demonstrate that such prohibited substances are not intended for genuine and legal therapeutic purposes or have for purposes.
5. AMA: THE WORLD AGENCY
6. ATLETA: Anyone competing in a sport at the international level, in the sense that each of the international sport federations, or in a sport at the national level, understands this term of national sports. Anti-doping organizations have the power to apply anti-doping standards to those or athletes who are not nationally or internationally and to include or include them in the definition of “atleta”. In relation to non-international athletes, anti-doping organizations may choose to perform limited or unrealized controls; do not use the entire list of prohibited substances when analysing samples; do not require information on the location or whereabouts or limit such information; or do not require the prior request for authorization of therapeutic use. However, if one or one athlete on whom an anti-doping organization has decided to exercise its control competence and which competes below the national or international level commits one of the infringements of the anti-doping standards provided for in articles 8, 10 or 12, the consequences of the Legal Regime for the Prevention and Control of Doping in Sport, with the exception of the provisions of article 109, paragraph 2, of that paragraph. For the purposes of article 15, subparagraphs (a) and (b) and for the purposes of information and education, any person who participates in a sport is regarded as a athlete and is dependent on a sports organization that complies with the provisions of the Legal Regime for the Prevention and Control of Doping in Sport.
7. ATLETA DE LEVEL INTERNACIONAL: Athletes participating in international sports, according to this concept, each international sport federation, in accordance with the international standard for controls and research.
8. NATIONAL LEVEL ATLINE: Athletes participating in sports at the national level, according to this concept, each national anti-doping organization, in accordance with the international standard for controls and research. In the ARGENTINA REPUBLIC, the definition of the concept of national athletes is carried out by the NATIONAL COMMISSION ANTIDOPAJE.
9. ATLETA RECREATIVE OR RECREATTIVE: Human person defined as such by the national anti-doping organization; however, the term will not include any person who, in the CINCO (5) years prior to the commission of an infringement of the anti-doping standards, has been athlete at the international level, as defined by each international sport federation according to the international standard for controls and investigations, or standard national control In the ARGENTINA REPUBLIC, the definition of a human person as a recreational or recreational athlete is carried out by the NATIONAL COMMISSION ANTIDOPAJE.
10. PRELIMINARY AUDIENCE: For the purposes of article 98 of the Legal Regime for the Prevention and Control of Doping in Sport, a summary procedure that takes place prior to the disciplinary procedure provided for in Title V, Chapter 5, which serves to notify the athlete of a provisional suspension and gives him the opportunity to be heard or heard, either in writing or orally.
11. AUSENCE OF CULPA or NEGLIGENCE: It is the demonstration, by one or one athlete or another person he was not ignorant of, he did not suspect or could not have known or presumed reasonably, even by applying the greatest diligence, that he had used or administered a prohibited substance or method, or that he otherwise violated an antidoping norm. Except in the case of a protected person or a recreational or recreational athlete, for any violation of Article 8 of the Legal Regime for the Prevention and Control of Doping in Sport, the athlete must also demonstrate how the prohibited substance was introduced into his body.
12. AUSENCE OF CULPA OR SIGNIFIFICATIONAL NEGLIGENCE: It is the demonstration by the athlete or another person that, in view of the set of circumstances, and taking into account the criteria of the absence of guilt or negligence, their guilt or negligence has not been significant in relation to the offence committed. Except in the case of a protected person or a recreational or recreational athlete, for any violation of article 8 of the Legal Regime for the Prevention and Control of Doping in Sport the athlete must also demonstrate how the prohibited substance is introduced into his body.
13. AUTHORIZATION OF TERAPETIC USE (AUT): a measure that allows an athlete with a medical problem to use a prohibited substance or a prohibited method, provided that the conditions provided for in Article 93 of the Legal Regime for the Prevention and Control of Doping in Sport and the international standard for authorisations of therapeutic use are met.
14. SUBSTANTIVE HEALTH: For the purposes of Article 29 of the Legal Regime for the Prevention and Control of Doping in Sport, substantial aid is considered if a person:
(a) Completely discloses, through a written and signed or recorded statement, any information it possesses in connection with violations of anti-doping standards or other acts provided for in article 29 of the Legal Regime for the Prevention and Control of Doping in Sport.
(b) cooperates fully in the investigation and decisions taken on any case or matter relating to such information, including providing testimony during a disciplinary proceeding if required by the NATIONAL DISCIPLINARY TRIBUNAL ANTIDOPAJE; the information provided should be credible and constitute an important part of the disciplinary process opened or, if not initiated, it should have provided the sufficient basis on which a disciplinary process could have been handled.
15. THANK YOU: Circumstances that surround one or another athlete or other person, or actions taken by them or them, which may justify the imposition of a period of suspension higher than normal sanction. These circumstances and actions include, among others: the fact that one or one athlete or another person uses or possesses multiple prohibited substances or prohibited methods, that they use or possess a prohibited substance or a prohibited method on multiple occasions or that they commit on multiple occasions other infringements of anti-doping standards; the probability that a normal individual may benefit from an improvement of performance as a result of infringements of anti-doping rules beyond the period of suspension; In order to avoid doubt, the examples of circumstances and conduct described here do not preclude the existence of other similar circumstances or conduct that may also justify the imposition of a longer period of suspension.
16. CODE: The World Antidoping Code.
17. National Olympic Committee: The organization recognized by the International Olympic Committee.
18. COMMITTEE PARALÍMPICO ARGENTINO: The Argentine organization recognized by it. INTERNATIONAL PARALIMPIC COMMITTEE.
19. COMPETENCE: A unique test, a match, a game or a specific sports event. In the case of organized tests and other competitions in which the awards are granted day by day and as they are carried out, the distinction between competition and event is provided in the regulations of the international sport federation involved.
20. CONSEQUENCES OF INFRACTION TO ANALYS:
(a) Declassification: it means the invalidation of the results of an or an alteta, in a specific competition or event, with the consequent withdrawal of the medals, points and awards;
(b) Suspension: means that the athlete or another person is prohibited from competing, performing any other activity or obtaining funding in accordance with articles 52 to 60 of the Legal Regime for the Prevention and Control of Doping in Sport for a specified period of time;
(c) Provisional suspension: means that the athlete or any other person is temporarily prohibited from participating in any competition or activity until the final decision is made in the respective disciplinary process;
(d) Economic consequences: means an economic sanction imposed by an infringement of anti-doping standards or for the payment of costs arising from the violation of anti-doping standards and
(e) Disclosure: means the dissemination or distribution of information to the general public or to persons who are not part of a disciplinary or appeal procedure.
In team sports, teams may also be subject to the consequences provided for in Title III, Chapter 2 of the Legal Regime for the Prevention and Control of Doping in Sport.
21. CONTROL: Part of the global doping control process that includes analytics planning, sample taking, sample handling and shipment to the laboratory.
22. DOPAJE CONTROL: All processes and phases from the planning of controls to the last provision of an appeal and the application of the consequences, including all intermediate processes and phases but not limited to the controls, to the investigations, to the information on location, to the authorizations of therapeutic use, to the taking and handling of samples, to the analysis of the laboratory, to the management of the results, to the disciplinary procedure related to the investigation or procedures
23. DIRIGIDOS CONTROL: Selection of athletes for the execution of controls, according to which athletes are selected according to the criteria established in the international standard for controls and investigations.
24. UNESCO Convention: International Convention against Doping in Sport adopted at the
33.a Meeting of the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 19 October 2005, which includes amendments adopted by the signatory States Parties to the Convention and by the Conference of the signatory Parties to the International Convention against Doping in Sport.
25. CULPA: Guilt is any breach of an obligation or the absence of proper diligence in a specific situation. Factors that should be taken into consideration when assessing the degree of guilt of the athlete or another person are, for example, their experience, if it is a protected person, special considerations such as disability, the degree of risk that should have been perceived by the athlete or the level of care and research exercised by the athlete or the same in relation to what should have been the level of perceived risk. In assessing the degree of guilt of the athlete or another person, the circumstances examined must be specific and relevant to explain their deviation from the expected standards of conduct. Thus, for example, the fact that one or a athlete will lose the opportunity to earn large amounts of money during a suspension period, the fact that there is little time left for the athlete to finish his sports career, or the programming of the sports calendar, would not be relevant factors to take into account to reduce the suspension period provided for in Article 28 of the Legal Regime paraja Prevention and Control of Doping in Sport.
26. DEPORTE IN EQUIPMENT: Sport that allows the replacement of players or players during a competition.
27. INDIVIDUAL DEPORTE: Any sport that is not of equipment.
28. DESCALIFICATION: See “Consequences of infringement to antidoping standards”.
29. DIVULGAR: See “Consequences of infringement to antidoping standards”.
30. TECHNICAL DOCUMENT: Document approved and published periodically by the ANIDOPAJE WORLD AGENCY which contains the required technical requirements for specific anti-doping topics set out in an international standard.
31. DURATION OF THE EVENTO: Time elapsed between the beginning and the end of an event, as established by the agency responsible for that event.
32. EDUCATION: Learning process to transmit values and develop behaviors that promote and protect the sporting spirit and to prevent intentional and unintentional doping.
33. EN COMPETENCE: It is the period beginning at 23.59 the day before a competition is held in which the participation of the athlete is expected and that ends in doing so the competition and the process of taking related samples. However, the ANIDOPAJE WORLD AGENCY may approve, for a particular sport, another definition if an international sport federation offers a convincing justification that it is necessary for its sport; once approved by the agency, all organizations responsible for major events should apply that new definition for that sport in particular.
34. INTERNATIONAL ESTABLISHMENT: A standard adopted by the WORLD AGENCY ANTIDOPAJE in support of the Global Antidoping Code. Respect for the international standard, in contrast to another norm, practice or alternative procedure, is sufficient to determine that the procedures provided for in the international standard have been properly implemented. International standards include any technical paper published according to this international standard.
35. EVENTO: series of individual competencies that develop under a single responsible organism, such as - to exemplify- the Olympic Games, the World Championships of an international sport federation or the Pan American Sports Games.
36. INTERNATIONAL EVENTO: An event in which the International Olympic Committee, the INTERNATIONAL PARALIMPIC COMMITTEE, an international sport federation, the organizers of major events or other international sports organization acts as an organization responsible for the event or name the technical officers or the technical officers of the event.
37. NATIONAL EVENTO: A sporting event or competition that is not international and involving athletes, both at the international and national levels.
38. NATIONAL DEPORTATION: A national or regional entity that is a member of an international sport federation or is recognized by it as an entity that directs the sport of the international sport federation in that nation or region.
39. COMPETENCE OUTSIDE: Any period other than in competition.
40. RESULTS MANAGEMENT: The process under the temporary framework between the notification under article fjjlel Standard International for the Management of Results or, in some cases, such as atypical results, biological passports of athletes or non-compliance with the location or whereabouts, from the steps prior to the notification expressly provided for in that article, including by the prosecution, and to the final decision of the case, in the first case,
41. GRUPO REGISTRADO DE ATLETAS SOMETIDOS OR SOMETIDAS TO CONTROLS: Group of athletes of the highest priority identified or identified separately at the international level by the international sport federations and at the national level by the NATIONAL COMMISSION ANTIDOPAJE and who are subject or subject to controls in competition and outside of competence in the framework of the planning of international controls
42. INSTITUTIONAL INDEPENDENCE: The TRIBUNAL ARBITRAL ANTIDOPAJE and any other body acting on appeal shall have full institutional independence from the anti-doping organization responsible for the management of results, so they shall not be attached to it, be related to it or otherwise subject to its authority.
43. OPERATIONAL INDEPENDENCE: The members and employees and employees of the anti-doping organization responsible for the management of results, as well as the rest of the persons who in any way intervene in that process, may not be appointed or appointed as members or staff of the disciplinary courts, to the extent that they must participate in the process of deliberation and drafting of decisions; and the disciplinary tribunals shall conduct the respective proceedings without interference. The objective is to ensure that members of the disciplinary tribunals or those in any way related to the decision of the disciplinary tribunals do not participate in the preliminary investigation of the case or in the decision to proceed with its proceedings.
44. INTENTION: Voluntary conduct that constitutes a substantial step in the course of a planned action aimed at the commission of an infringement of anti-doping standards. However, if the person renounces this attempt before being discovered by someone not involved in the attempt, there is no infringement of antidoping rules based solely on this attempt to commit the offence.
45. Quantification LIMITE: A value of the result for a threshold substance in a sample, above which an adverse analytical result should be reported as defined in the international laboratory standard.
46. LIST OF PROHIBITED SUBSTANCES AND METHODS: The list of the ANIDOPAJE WORLD AGENT that identifies prohibited substances and methods.
47. MANIPULATION: Intentional conduct that alters the doping control process but would not otherwise be included in the definition of prohibited methods. It will be considered manipulation, among other conducts, to offer or accept bribes in order to carry out or stop taking action, to avoid taking a sample, to influence the analysis of a sample or to make it impossible, to forge documents submitted to an antidoping organization, authorization committee for therapeutic use or disciplinary court, to obtain false witness testimony or to commit any other fraudulent act before the antidopaje organization or disciplinary tribunal to influence the management of the sanctions or other aspect.
48. MARCHER: A compound, a group of biological compounds or variables that indicate the use of a prohibited substance or a prohibited method.
49. LESS: Human person who has not reached the age of DIECIOCHO (18) years
50. METABOLITO: Any substance produced by a metabolism process.
51. SPECIFIC METHOD: See Article 19 of the Legal Regime for the Prevention and Control of Doping in Sport.
52. PROHIBITED METHOD: Any method described as such in the list of prohibited substances and methods.
53. MUESTRA: Any biological material collected for antidoping control purposes.
54. LINIMO LEVEL TO NEWS EFFECTS: The estimated concentration of a prohibited substance or of one or more of its metabolites or markers in a sample, below which laboratories accredited by the NATIONAL AGENCY ANTIDOPAJE should not report an adverse analytical result in relation to that sample.
55. ANTIDOPAJE ORGANIZATION: ANIDOPAJE WORLD AGENCE or a signatory to the Global Antidoping Code responsible for adopting rules to initiate, implement or force compliance with any part of the antidoping control process. This includes the International Olympic Committee, the International Parallel Committee, other organizations responsible for major sporting events that conduct controls at events of which they are responsible, international sports federations and national anti-doping organizations.
56. NATIONAL ORGANIZATION ANTIDOPAJE: Entity or entities designated for each country as the primary authority responsible for the adoption and implementation of anti-doping, sample-taking, results management and disciplinary procedures at the national level. If the competent public authority has not made such a designation, this entity is the National Olympic Committee of the country or its representative.
57. REGIONAL ORGANIZATION ANTIDOPAJE: A regional entity designated by member countries to coordinate and manage the delegated areas of their national anti-doping programmes, including the adoption and implementation of anti-doping standards, the planning and taking of samples, the management of results, the revision of therapeutic authorizations, the instruction of disciplinary procedures and the implementation of educational programmes at the regional level.
58. RESPONSIBLE ORGANIZATIONS OF GREAT EVENTS DEPORTIVOS: Continental associations of national Olympic committees and other international multi-sport organizations that operate as the governing body of a continental, regional or international event.
59. PARTICIPANT: Any athlete or person supporting the athletes.
60. BIOLOGICAL PASSPORTS OF ATLINE O: The program and methods of data collection and collection, described in the international standard for controls and research and the international standard for laboratories.
61. PERSON: A human person or an organization or another entity.
62. PROTECTED PERSON: Athlette or other human person who:
(a) At the time of the violation of anti-doping standards, it has not reached the age of DIECISÉIS (16).
(b) at the time of infringement of anti-doping standards has not reached the age of DIECIOCHO (18) years and is not included or included in any registered control group or has never competed in an international event in an open category -open- or
(c) For reasons other than age, he is deprived or limited in his capacity of law in respect of facts, simple acts, or specific legal acts, or has his capacity for limited exercise, under applicable national legislation or under a court ruling.
63. SUPPORT PERSON: Trainers or trainers, physical preparers or physical trainers, sports directors or sports directors, agents, team staff, staff, medical or paramedical staff, parents, mothers or anyone who works with athletes or treats or assists athletes who participate in or prepare for sports competitions.
64. POSSESSMENT: Physical or factual possession, which is determined only if the person exercises or intends to exercise exclusive control of the prohibited substance or method or of the place in which any of these is found. However, if the person does not exercise such exclusive control the possession in fact is configured only if the person is aware of the presence of the prohibited substance or method and intends to exercise control over any of these. There can be no infringement of the anti-doping rules on the basis of mere possession if, before receiving any notification informing him of a violation, the person has taken concrete measures to demonstrate that he no longer has the will to possess and has renounced it by explicitly stating it to an anti-doping organization. Without prejudice to any other claim to the contrary provided for in this definition, the purchase, even by electronic or other means, of a prohibited substance or method, constitutes possession by the person making it.
65. CONTAMINATE PRODUCT: A product containing a prohibited substance that is not indicated in the product label or in the information available on internet sites that are easily accessible.
66. INDEPENDENT OBSERVER PROGRAMME: A team of observers or auditors, under the supervision of the ANIDOPAJE WORLD AGENCE, who observe and can provide guidance on the anti-doping process before or during certain events and communicate their observations as part of the monitoring programme of the aforementioned agency.
67. OBJECTIVE RESPONSIBILITY: The rule that provides that, in accordance with Articles 8 and 9 of the Regime. Legal for the Prevention and Control of Doping in Sport, it is not necessary that the intentional, guilty or negligent use or conscious use by the athlete or by the athlete be demonstrated, so that the NATIONAL TRIBUNAL ANTIDOPAJE can determine the existence of an infringement of the antidoping rules.
68. RESULT ADVERSE IN THE PASSPORT: A report identified as an adverse result in the passport described in applicable international standards.
69. WARNING ANALYTIC RESULTS: A report from a laboratory accredited or approved by the WORLD AGENCY ANTIDOPAJE that, in accordance with the international standard for laboratories, determines in a sample the presence of a prohibited substance or its metabolites or markers, or tests of the use of a prohibited method.
70. ATÍPICO RESULTS: A report issued by a laboratory accredited by the WORLD AGENCY ANTIDOPAJE or another laboratory approved by that agency, which requires more detailed research according to the international standard for laboratories or related technical documents, before deciding on the existence of an adverse analytical result.
71. ATPIC RESULTS IN THE PASSPORT: A report identified as an atypical result in the
72. SEDE DEL EVENTO: The headquarters designated by the authority responsible for the event.
73. SIGNATARIOS: Signatory entities of the Code that agree to comply with the provisions of this Code.
74. ABUSE SUBSTANCE: See article 19 bis of the Legal Regime for the Prevention and Control of Doping in Sport.
75. SPECIFIC SUBSTANANCE: See Article 19 of the Legal Regime for the Prevention and Control of Doping in Sport.
76. PROHIBED SUBSTANCE: Substance described as such in the list of prohibited substances and methods.
77. TERCERO DELEGADO O TERCERA DELEGADA: Any person in which an antidoping organization delegates any aspect of the control of doping or educational programs in antidoping, including, among others, third parties or other antidoping organizations that perform the taking of samples or other control services of the doping or antidoping education programs for the antidoping organization, or individuals that operate as an employee, This definition does not include the ARBITRAL TRIBUNAL DEL DEPORTE.
78. TRAFFIC: The sale, delivery, transport, shipping, distribution or distribution or possession for any of these purposes of a prohibited substance or prohibited method, either physically or by electronic or other means, by a athlete or an athlete, person supporting the athlete or any other person subject to the authority of an antidoping organization to any third party; this definition does not include the actions of good faith that the medical personnel are prohibited for any other purpose
79. USE: The use, application, ingestion, injection or consumption by any means of a prohibited substance or a prohibited method.