Amendment Of The Anti-Doping - Federal Act 2007

Original Language Title: Änderung des Anti-Doping-Bundesgesetzes 2007

Read the untranslated law here: https://www.global-regulation.com/law/austria/2994958/nderung-des-anti-doping-bundesgesetzes-2007.html

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93. Federal Act 2007 amends the anti-doping - federal law

The National Council has decided:

The anti-doping - Federal 2007 (ADBG 2007), Federal Law Gazette I no. 30, amended by Federal Law Gazette I no. 48/2013, is amended as follows:

1. before heading to the 1st section, the following table of contents is inserted:

"Table of contents 1 section Sportrechtliche anti-doping regulations section 1 objectives and violation of anti-doping regulations § 1a." Definitions article 2. doping prevention, information and education § 3. Measures of the Federal Government to comply with the anti-doping regulations § 4 independent doping control device Section 4a. Independent Austrian anti-doping Law Commission (ÖADR) § 4 b. Independent Arbitration Commission § 5 national test pool § 6 costs § 7 report on compliance with the anti-doping regulations § 8 medical exemptions § 9 introduction of doping control procedures § 10 contents of the doping control § 11 General provisions on doping controls § 12 doping tests in competitions and competition events § 13 doping controls on executive training and training § 14 analysis of samples § 14a. Inspection application article 15 proceedings before the independent Austrian anti-doping Law Commission section 15a. Other procedural provisions § 16 is eliminated article 17 procedure before the independent Arbitration Commission § 18. Responsibilities of the sports organisations article 19. Responsibilities of the athletes belonging to the national test pool § 20 special provisions for animals 2. section specific information obligations § 21 duty of physicians, dentists and veterinarians 3. Special information and penalty provisions, professional legal consequences of doping section § 22 eliminates § 22a. Judicial penal provisions article 22 b. back-up power and obligations of customs authorities article 22 c. Cooperation between law enforcement agencies and the independent doping control body article 22d. "Professional legal consequences of doping 4 section final provisions § 23 differentiation from other laws § 24 referral to other legal provisions § 25 personal names § 26 enforcement § 27 home and force, transitional provisions § 28 pending" 2. § § 1 and 1a, each including the heading, read:

"Objectives and violation of anti-doping regulations

§ 1 (1) this Act is the strengthening of anti-doping work. Doping is contrary to the principle of fairness in the sporting competition as well as the originally associated with the sport, true value (sportsmanship) by influencing the sports performance. In addition, doping in connection with sporting activities can damage the health.

(2) a violation of anti-doping regulations exists if 1 in body tissue or in the body fluid of athletes prohibited substances or their metabolites or markers (result: prohibited substances) according to the reference list of the Anti-Doping Convention, BGBl. No. 451/1991, (subsequently: ban list) are themselves prohibited substances apply 2 athletes attempt or apply to itself prohibited methods referred to in the prohibited list or attempt or prohibited substances administered 3. athletes or attempted or athletes apply prohibited methods referred to in the prohibited list or attempted or any combination of three control (§ 1a Z 11) or reporting failures (§ 1a Z 13) commit 4. athletes over a period of twelve months or 5 athletes or their caregivers without compelling reason when legally ordered doping controls are not complicit or have 6 athletes or their support persons prohibited substances and/or the facilities for the use of prohibited methods referred to in the prohibited list , as far as they are needed for their own medical treatment or for activities other than the care of athletes (eg in doctors for medical treatment in case of emergency) or 7 athletes or their caregivers to the doping control procedure inadmissible influence or attempt to do so or 8 athletes or their carers despite written notification by an anti-doping organization of the possible consequences of a prohibited use of a support person , which is blocked due to a violation of anti-doping regulations (§ 18 para 4) sanctioned was, in its sporting activities have or 9 athletes or their support people act with prohibited substances or equipment for the use of prohibited methods referred to in the prohibited list, or try this or 10 athletes or their caregivers other athletes or caregivers when infringements or attempted infringements according to Z 2 to 9 Guide , Obfuscation or ancillary support.

(3) section 2 Nos. 1 to 3 and 6 shall not apply insofar as exists or is subsequently granted a medical exemption pursuant to section 8. With regard to sports in which animals take part in competitions, the special provisions of section 20 must also be observed.

(4) where under this Act on the Anti-Doping Convention and its reference list (ban list) or to the International Convention against doping in sport, BGBl. III, adopted by the UNESCO No. 108/2007, (hereinafter: UNESCO Convention) and/or referenced on its facilities, are to apply in the version that is made manifest in the Federal Law Gazette.

(5) in the case of underage athletes or athletes with intellectual disabilities the civil provisions apply to their representation, as well as the relevant data protection provisions.

Definitions

section 1a. Mean in the sense of this federal law: 1. anti-doping organization: an organization that is responsible at least for a part of the doping control procedure, include the International Olympic Committee (IOC), the International Paralympic Committee (IPC), the World Anti-Doping Agency (WADA), international sports federations and national anti-doping organizations.

2. conspicuous analysis result: log of a laboratory accredited by WADA, which requires further investigation in accordance with the internationally recognised standards in the anti-doping work (§ 4 para. 7), before a standard adverse analytical finding is determined;

3. caregivers: all persons who systematically support athletes in their sporting activities or cooperate with them, especially doctors, coaches, physiotherapists, masseurs, officials, family members and Manager;

4. BSO: Austrian Federal Sports Organization;

5. CAS: Court of arbitration for sport;

6 doping control: all actions of the notification of the athlete by sampling, the sampling, processing of samples up to the transport of samples to the laboratory;

7. doping control plan: plan, in which due to the total possible available means doping controls on the individual sports/disciplines according to the number of athletes, the basic structure of the season, the general competition plans and training pattern, the relative benefits of training and competition as well as the doping risk and patterns of the respective sports/disciplines to be split;

8. doping control station: location where sampling is carried out;

9. doping control procedures: all steps of the selection of athletes for doping controls up to the end of the proceedings before the independent Arbitration Commission;

10th international sports federations: non-governmental organization, which is responsible for one or more sports at the international level;

11 control failure (missed test): failure to an athlete of the top segment of the national of testing pool (§ 5), at the place and at the time within the 60-minute time window that he gave for this day, for a doping control available are;

12 team sport: sports, in the replacement of players is permitted during a competition;

13 reporting failure: failure of an athlete of the national of testing pool (§ 5), dutifully to report its data to the accessibility and to their stay at the independent doping control body;

14 reporting system: an available provided the athletes to fulfil their reporting obligations, electronic database management tool to use this data in accordance with the provisions of the data protection Act 2000 (DSG 2000), Federal Law Gazette I Nr. 165/1999;

15 national anti-doping organization: the establishment set up by a country / used equipment, which has the responsibility and authority for the implementation of anti-doping regulations, causing the removal of samples, the management of control results and the introduction of anti-doping procedures at national level / possess;

16 national test pool: Group of athletes, which is collected for competition and training controls according to certain criteria and is subject to the reporting obligations in accordance with article 19;

17 standard deviation end analysis result: log of a laboratory accredited by WADA, in which the presence of a prohibited substance or its metabolites or markers (including elevated endogenous substances) or the use of a prohibited method is identified in a sample;

18 ÖADR: Independent Austrian anti-doping Law Commission;

19.

Sample: Biological material that is taken in the wake of the doping control procedure for laboratory examination;

20 sampling: All consecutive actions that directly affect the athlete from notification until leaving the doping control station after submission of the sample (s);

21 athletes: People, a. are members or licensees of a sports organization or one of its associated organization or were at the time of a potential violation of anti-doping rules or obviously intend this to be, b. at competitions, from a sports organization or one organized her associated organization or from federal - sports promotion funds funded, participate or c. which is in any other way to comply with the anti-doping rules committed;

22 sports organisation: Austrian Olympic Committee (ÖOC), Austrian Paralympic Committee (ÖPC), Federation - Federation, Austrian disabled Sports Association (ÖBSV);

23 training (out-of-competition): doping control, which is not the duration of the competition;

24 illegal influencing of the doping control procedure: all actions and investments in actions, to prevent the introduction of doping control procedures or results of doping controls to change;

25 WADA: World Anti-Doping Agency;

26 WADC: World Anti-Doping Code;

27 competition duration: the time set by the organiser from the beginning to the end of a race;

"28 competition control (in-competition): doping control, which is the duration of the competition."

3. paragraph 2 ABS. 1 to 4:

"(1) the Federal Government has to support the prevention of doping. The independent doping control agency has information to create awareness and prevention programmes, the ultimate aim of which is the preservation of the spirit of sport and the prevention of the use of prohibited substances or prohibited methods. These programmes have in particular to handle: 1. prohibited substances and methods referred to in article 1;

2. violations of anti-doping regulations;

3. consequences of doping, including sanctions, as well as health and social consequences;

4. doping control procedures;

5. rights and responsibilities of athletes and caregivers;

6 medical exemptions;

7 dealing with risks of dietary supplements;

8. damage of doping for the sport spirit;

9 applicable reporting requirements.

(2) the independent doping control device has the BSO, sports organisations, to inform caregivers, athletes and competition organizers of the provisions referred to in paragraph 1 and the following: 1. the bodies that are entitled to the arrangement of doping controls.

2. the criteria for the selection of national competitions and athletes for doping tests.

3. the criteria for inclusion in the national test pool (§ 5);

4. the reimbursement of the costs of the doping control procedure;

5. without prejudice to the provisions of §§ 15a, para 3 and 17 paragraph 14 that the independent doping control body to note were precautionary measures (E.g. suspension) and locks of athletes and caregivers and their abolition under the names of the persons concerned, the period of ineligibility and reasons for that purpose without health data of the persons concerned re; closing for minors has this information to be avoided;

6. what data and for what purpose, these are used in the context of anti-doping work or a doping control procedure.

(3) before major international competitions they are demonstrably enlighten athletes provided for and caregivers by the relevant sports organisations within the meaning of paragraph 2 to the posting.

(4) the information referred to in paragraph 2 has the independent doping control facility to provide the general public free of charge."

4. paragraph 3 section 1:

"(1) funding after the Federal Sports Promotion Act 2013 (BSFG 2013), Federal Law Gazette I no. 100, sports organizations only, in addition to any conditions to comply with the regulations of the 1st section of this Federal Act, in particular paragraph 2 to 5 and § 2 para 3 and 4a-20, may be granted."

5. in § 3 par. 2 and 4 the abbreviation "BSFG" is substituted with the citation "Federal Sports Promotion Act 2013".

6 paragraph 3 para 3:

"(3) athletes and caregivers that have been blocked due to a violation of anti-doping rules are basically permanently, excluded from the promotion after the Federal Sports Promotion Act in 2013 for the period of ineligibility, at the time of the breach of anti-doping rules adult athletes and caregivers. The affected athletes and caregivers are in a service relationship with the Federal Government, 2013 no leave of absence for the active practice of sport, participation in competitions or care of athletes may be granted on the duration of the exclusion of the promotion after the Federal Sports Promotion Act. The payment of already granted funding is set. The subsidies paid for the period from the violation of anti-doping rules are to be paid back. Of the permanent exclusion of promotions after the 2013 Federal Sports Promotion Act or the repayment may be waived entirely or in part, if the lock were basically to the applicable anti-doping regulations due to the existence of special mitigating circumstances or cooperate in the investigation of violations of anti-doping rules has been reduced by other persons."

7. in § 3 par. 6, the abbreviation "WADA" is replaced by the term "Anti-doping organizations".

8 paragraph 4:

"The tasks of the independent doping control body are § 4 (1) in particular: 1. measures for the prevention of doping in accordance with article 2, paragraph 1 and 2;"

2. information and education about doping in accordance with article 2, paragraph 1 and 2;

3. monitoring compliance with the funding conditions in accordance with article 3, paragraph 1, and thus related the arrangement and conduct of doping controls, as well as reporting on compliance with the anti-doping rules in the meaning of this Act;

4. determination of control (§ 1a Z 11) or reporting negligence (§ 1a Z 13) and associated costs;

5. review, analysis and evaluation of information regarding potential violations of anti-doping regulations;

6 insertion of test applications in accordance with § 14a;

7 perception of party status in accordance with § 15 para 2 and 17 para 2;

8 representation in matters of anti-doping at international institutions at the expert level.

The independent doping control body is independent of State bodies and private content operational exercise their duties. The body entrusted with these tasks referred to in paragraph 5 is made manifest through regulation. Of findings according to no. 4, the party concerned and the competent Federation - Federation are proven to inform.

(2) the independent doping control body has to set up the following committees with the following task areas: 1 the Ethics Commission, which has to consist of at least three, up to a maximum five technically suitable and experienced in the anti-doping work people for the assistance with respect to the prevention of doping, as well as to the information and education about doping.

2. the Medical Commission which includes three doctors with relevant experience, an expert of Pharmacy and a dentist to decide on applications for medical exemptions in accordance with § 8 para. 3 and advice on medical matters. The expert essentially belongs to the Commission of pharmacy as well as the your principle, dentist are only for technically relevant submissions and consultations the Commission and thus to take;

3. the veterinary Commission, include two, up to a maximum of four veterinary surgeons with appropriate experience and an expert of the pharmacy, to provide advice on veterinary matters;

4. the selection Committee which has to consist of at least three, up to a maximum of five professionally competent personnel.

The members of the commissions in accordance with no. 1 to 3 are for four years and the members of the Commission in accordance with no. 4 shall be appointed for two years. For each Member, a replacement member with the required qualifications and experience to order is for the case of disability. Of the members is a member as Chairman and one member as its representative to order. May be reappointed. Early dismissal is permitted only for important reasons. (Substitute members) can take the function at any time. A member (substitute member) retires prematurely, a new is on the remaining duration of the operating time to nominate. The members of the commissions decide instruction-free and independent of State bodies, private and the independent doping control body. You decide by a majority vote and are authorized to take decisions if at least half of the members are present or represented by a substitute member. Vote the vote of the Chairman decides. The commissions can make decisions in the circulation procedure if a discussion in a session is not required due to the clear facts and not a member of a decision-making process in this way is contrary to.


(3) the organs as well as Z staff of the independent doping control body, members of the inspection teams (§ 11 par. 2) and of the committees referred to in paragraph 2 1 to 4 are obliged to maintain secrecy about their activities, unless otherwise provided by law. They have become its activities to include and to encourage their representation if there is a disqualifying pursuant to section 7 of the General administrative procedures Act 1991 (AVG), BGBl. No. 51. The obligation of secrecy shall not apply to the where to backup and disciplinary sanction competent organ, the independent Arbitration Commission, the courts and administrative authorities and the anti-doping organizations, which are responsible in accordance with the applicable anti-doping regulations of the relevant international sports federations. The independent doping control agency and the independent Arbitration Commission adopt a position the public provided the public interest of factual information on procedures of public importance in response on public opinions of the affected athlete or support person, or the affected sports organization on the provisions of § 2 para 2-Z 5 in addition to a procedure. An opinion is only permitted, if by their timing and content the personality rights of the person concerned, in particular, health data pursuant to § 4 Z 2 DSG 2000 or the personal sphere according to § 7 of the Media Act (Media Act), Federal Law Gazette No. 314/1981, protecting the § 7 b Media Act as well as the right to a fair trial not violated the presumption of innocence according to are.

(4) for the members of the inspection teams (§ 11 par. 2) are independent doping control establishing photo ID to the legitimacy for doping controls.

(5) in order to fulfil the tasks of the independent doping control device is a for profit company with limited liability company "Nationale anti doping Agentur Austria GmbH" with the abbreviation "NADA Austria". Its capital is involved in the Federal Government with more than half. Unless otherwise defined in this federal law, the provisions are GmbH Act (GmbHG), RGBl. No. on this company 58/1906, to apply. The administration of the shares of the Federal Government in the society is the Federal Minister of national defence and sports.

(6) the independent doping control body may, without prejudice to the provision of section 22 c para 1, which submit incurred personal data, with the exception of health data, justified the request to courts and authorities in the performance of their duties, insofar as the relevant data for the enforcement of the respective statutory tasks are essential and the transfer is federal or landesgesetzlich provided. The independent doping control body has to keep the data protection Act 2000 with respect to the use of data and in particular measures to ensure of data security and data confidentiality, including relevant teachings of employees.

(7) the independent doping control body has their tasks according to the internationally accepted standards in the anti-doping work, in particular the rules and regulations of WADA, to perceive, as far as federal or Union law provisions do not preclude.

(8) with regard to the determination referred to in paragraph 1 each affected parties within four weeks of delivery may request the validation of the assessment by the independent Arbitration Commission no. 4."

9. According to § 4, following articles 4a and 4B, respectively, together with heading, shall be inserted:

"Independent Austrian anti-doping Law Commission (ÖADR)

Section 4a. (1) the independent Austrian anti-doping Law Commission (ÖADR) is an independent governmental bodies, private and independent doping control establishing and autonomous Commission. She perform disciplinary proceedings for the competent Federation - Federation in accordance with the applicable anti-doping regulations of the competent international sports federations (anti-doping proceedings).

(2) the ÖADR has to basically consist of three permanent members, as well as three permanent replacement members with the following qualifications: 1 the Chairman and another Member (whose alternate members) a degree in law and experience in carrying out formal investigation proceedings have;

2. a member (his replacement) must be expert of in sports medicine.

(3) the members of the ÖADR are to order, and may be reappointed by the independent doping control body for four years. For each Member, a replacement member with the required qualifications and experience to order is for the case of disability. Of the members is a member as Chairman and one member as its representative to order. Early dismissal is permitted only for important reasons. (Substitute members) can take the function at any time. A member (substitute member) retires prematurely, a new is on the remainder of the term of Office to nominate. The members of the ÖADR decide by a majority vote and are authorized to take decisions if at least half of the appointed members is present or represented by a substitute member. Vote the vote of the Chairman decides. The ÖADR can make decisions in the circulation procedure if a discussion in a session is not required due to the clear facts and not a member of a decision-making process in this way is contrary to. The provisions of § 4 para 3 shall apply to the ÖADR.

(4) the federal - sport Association, for which the ÖADR has to decide, has the right to nominate another Member with completed law studies within two weeks from the knowledge of the test application (section 14a).

(5) the ÖADR has to be a procedure that has to contain detailed provisions on the procedure. The procedure is to make accessible in an appropriate manner to the public.

(6) the independent doping control agency has a reasonable function fee for the preparation of the process, participation in the hearing, set Presidency and Constitution of the decision, for the preparation and the Constitution the decision package and for the hearing after time for the three of the ÖADR basically joined members. In addition fees possibly incurred travel costs. Falling in a procedure remuneration of the members of the ÖADR is part of the costs of the proceedings.

(7) the ÖADR is aimed at the independent doping control body.

(8) section 4 para 6 is to apply mutatis mutandis.

Independent Arbitration Commission

§ 4 b. (1) the independent Arbitration Commission is a governmental bodies, private and independent doping control establishing independent and autonomous Commission. Without prejudice to the provisions of § 17, par. 10 Nos. 1 and 2 is decorated in anti-doping procedures in establishing independent doping control for the review of decisions of the ÖADR.

(2) the independent Arbitration Commission has to consist basically of four permanent members and four permanent replacement members with the following qualifications: 1 the Chairman (his substitute member) must the judge grounds or bar exam have;

2. a member (his replacement) must have a university degree of in law and experience in conducting formal investigation proceedings;

3. a member (his replacement) must be expert of analytical chemistry and toxicology;

4. a member (his replacement) must be expert of in sports medicine.

(3) the members (replacement) pursuant to paragraph 2 have Z 1 to 4 from the Federal Minister of national defence and sports to order four years. New orders as well as a premature withdrawal of the order due to important reasons are allowed. (Substitute members) can take the function at any time. A member (substitute member) retires prematurely, a new is on the remainder of the term of Office to order.

(4) that party pursuant to § 17 para 2 subpara 1 may for their case pending at the independent Arbitration Commission another Member nominate, as well the competent Federation - Federation. The other Member can be appointed by the respective nominating due to important reasons or back even the function. In this case a new Member can be nominated.

(5) the expenses of the independent Arbitration Commission has the independent doping control body to bear. The independent doping control agency has a reasonable function fee for the preparation of the process, participation in the hearing, set Presidency and Constitution of the decision, for the preparation and the Constitution the decision package and for the hearing after time for four of the independent Arbitration Commission basically joined members. In addition fees possibly incurred travel costs. Incurred in proceedings on remuneration of the members of the independent Arbitration Commission is part of the costs of the proceedings.

(6) § 4 para 6 is to apply mutatis mutandis."

10. the sections 5 and 6, each including the heading, read:


"National test pool

§ 5 (1) has the independent doping control agency to set up a national test pool after consultation of the relevant federal - sport Association for the targeted anti-doping work. For inclusion of athletes in the national test pool is carry a sports-related and individual risk assessment by the independent doping control facility.

(2) the sports-related risk assessment is carried out in particular due to the following factors: 1 the physiological requirements, which is a kind of sport to an athlete.

2. the potential performance-enhancing effects which is able to bring doping for a sport;

3. the doping risk allocated by his story a sport;

4. the doping trend by expertise a sport;

5. the conspicuous accumulation of suspicion with regard to doping practices in any sport;

6. the results of the last test cycles;

7. the prize money may have to be achieved in the various levels of a sport or recoverable subsidies;

8. the special for the competitive sport in Austria meaning of a sport.

(3) the individual risk assessment is carried out in particular due to the following factors: 1. the level of performance of the athlete in the respective sport.

2. the performance of the athlete in the respective sports;

3. the prizes and promotions, which are usually associated with the level of performance in accordance with no. 1.

(4) in the light of the sports-related and individual risk assessment in accordance with paragraph 2 and 3, two segments of the national of testing pool are set up. Athletes are allocated the top segment of the national of testing pool for which apply to the assessments referred to in paragraph 2 and 3 to the high extent. All other selected athletes belong to the basic segment of the national of testing pool.

(5) athletes, suspended test pool or temporary assignments have been blocked during the affiliation to the national remain basically on the duration of the suspension or lock in the national test pool.

(6) out of the national testing pool athletes are to be eliminated, the 1st due to the sports-related and individual risk assessment in accordance with paragraph 2 and 3 which no longer meet requirements for inclusion, or the termination of the active career in writing 2 the independent doping control body.

(7) the independent doping control facility has proven to urge the competent Federation - Federation, to inform the affected athletes from recording to and departure from the national pool of test or whose segment. When shooting are to announce the athletes through the competent Federation - Federation the statute upon which he is recorded test pool at the national, and the reporting obligations associated. With the information of the athlete through the Federal - Sports Association and the Declaration of commitments in accordance with article 19, paragraph 1 arise its reporting obligations in accordance with article 19.

Reimbursement of costs

6. (1) the independent doping control body may following reimbursement require: 1 by the competent Federation - Federation identified breaches of anti-doping regulations by sportsmen or caregiver costs of doping control, the laboratories and the proceedings before the ÖADR (Section 4a).

2. from the athletes the cost of analysis of the "B sample", if it was asked of him and is contrary to standard;

3. by the athlete the costs of laboratory documentation produced at his request;

4. from the competent Federation - Federation the costs of doping control, the independent doping control body due to a control (§ 1a Z 11) or failure of reporting obligation (§ 1a Z 13) are incurred (§ 4 para. 1 No. 4);

5. from organizations pursuant to section 9 para 2, have ordered the doping control the costs of the doping control and that of the laboratory;

6. in the cases referred to in Z 5 exceptionally by a third party, if on the respective competition or the regulations applicable to the respective event committed to them for the reimbursement of costs.

(2) the costs referred to in paragraph 1 are Nos. 2 and 3 to be paid in advance by the athletes of the independent doping control body. With a non standard different analysis result of the "B"sample, the reimbursement of costs for that purpose paid athletes is back to reimbursed.

(3) that para 1 Nos. 1 and 4 are costs in accordance with as far as the costs not referred to in paragraph 1 have been replaced Z 5 or 6, of the Covenant - Sports Association and the costs referred to in paragraph 1 Z 5 or 6 by the concerned organization within four weeks after the request for payment of the independent doping control body to replace.

(4) which are costs in accordance with para 1 Nos. 1 and 4 to impose on the person concerned to the replacement at the request of the relevant Federal - Sports Association under simultaneous assignment of his compensation claim on the independent doping control facility.

"(5) the independent doping control device has the refund received in accordance with paragraph 3 or 4 back to reimbursed, when recourse to the independent Arbitration Commission or subsequent invocation of the CAS this or a civil court has determined that there is no breach of anti-doping rules."

11. in article 7, article 14, par. 2 and 3, as well as in the section 20 para 4 the word "Federal Association sports" is substituted with the word "federal - sport Association" in the correct grammatical form.

12 § 8 para 1 first sentence reads:

"Is a proposal on medical exemption to make, if not this is responsible according to the applicable anti-doping regulations of the competent international sports federations or no valid exemption of an anti-doping organization when disease or injury of the athlete who belongs the national test pool, which is required before at the independent doping control body taking medication with prohibited substances or prohibited methods for medical or dental diagnosis."

13 § 8 para 2 is as follows:

"(2) the decision is to take according to the applicable anti-doping regulations of the competent international sports federations within 21 days of application and the athlete in writing. The authorization is limited to grant the necessary dose or treatment duration. A revocation is only permitted in these regulations. The independent doping control agency has with regard to the use of data. to take measures to guarantee of data security and data confidentiality, in particular related teachings of the staff of "

14 § 8 para 3 first sentence reads:

"To decide on applications for medical exemption, the independent doping control device has the Medical Commission (§ 4 para. 2 No. 2) to be used."

15. in article 8 paragraph 5 and paragraph 6, second sentence is inserted each the word "medical" before the word "Exemption".

16 paragraph 8 para 7:

"(7) If no medical exemption is granted, the affected athletes within four weeks after notification of the decision is entitled to demand the inspection for the independent Arbitration Commission, if not this is responsible according to the applicable anti-doping regulations of the relevant international sports federations."

17 the following paragraph 8 is added to article the 8:

"(8) decisions about medical exemptions, which were felled by an other anti-doping organization, can be appealed by the independent doping control body according to the applicable anti-doping regulations of the relevant international sports federations."

18. in § 9 para 3 is the bracket expression "(§ 4 Abs. 2 Z 6)" by the parenthetical expression "(§ 4 Abs. 2 Z 4)" and the parenthetical expression (§ 1a Z 5) replaced by the parenthetical expression (§ 1a No. 7).

19 paragraph 7 eliminates § 9.

20 § 10 para 1 subpara 2 lit. b is: "b. the name of the person or persons (designation of the animal / animals) and/or number of athletes (animals), which to choose are by the head of the inspection teams on the basis of the criteria established for this arrangement (E.g. representative cross-section) for doping control," 21 § 10 para 1 No. 3 lit. b is: "b. name of the person or persons (designation of the animal / animals) and/or number of sportsmen (animals), to select are from the head of the inspection teams on the basis of the criteria laid down for this arrangement (eg achieved rankings) for doping control, and ' 22 § 11 para 1 is:

"(1) doping control can perform the IPC or the WADA through the independent doping control body, international sports federations, the IOC. The independent doping control agency is responsible: 1. for doping controls on athletes (§ 1a No. 21) and caregivers (§ 1a No. 3);

2. for them with her by the WADA, of an international sports federations, doping tests ordered a foreign national sports federations or foreign national doping control facility."

23 paragraph 11 paragraph 5:

"(5) on the doping control a written record is to record. The Protocol should be signed in any case by the head of the inspection teams and the victims. The person concerned has announced an electronic address (e-mail) or postal delivery address in the log to give all deliveries in a possible anti-doping proceedings can be made to the."


24 § 11 paragraph 7, first sentence, is:

"The suspicion of a violation of anti-doping rules, results from doping controls doping control team of the independent doping control body has to immediately report the facts of the case with the evidence."

25. in section 11 paragraph 7, second sentence is the bracket expression "(§ 1 Abs. 2 Z 5 in Verbindung mit Abs. 3)" by the parenthetical expression "(§ 1 Abs. 2 Z 6 in Verbindung mit Abs. 3)" replaced.

26 § 12 para 1 first sentence reads:

"Doping tests in competitions and competitive events can be announced by the head of the doping control team legitimacy and template of the arrangement with the trainers or Wettkampfverantwortlichen."

27 paragraph 14 paragraph 1:

"(1) for the analysis of the samples given in the doping control on prohibited substances and methods the independent doping control device only laboratories be used, which are accredited for this purpose by the WADA." A sample"and"B sample"are indirectly personal data forwarded to the laboratory. The laboratory has to agree that the samples according to the internationally accepted standards in the anti-doping work (§ 4 para. 7), which have to apply the laboratory accredited by WADA to analyze and document are the independent doping control facility. This applies in particular also for more in-depth analyses on the basis of striking analysis results."

28. in § 14 para 2 No. 3 lit. c the phrase "according to the international standard, have to apply the laboratory accredited by WADA," is replaced by the phrase "Recognized according to the international standards in the anti-doping work (§ 4 section 7)".

29. According to § 14 14a the following paragraph with heading shall be inserted:

"Inspection application

§ 14a. The independent doping control device has a procedure in accordance with Section 4a, paragraph 1 including the regulations to apply for security measures at the ÖADR (test application) Z 5 on a violation of the applicable anti-doping regulations of the competent international sports federations after knowing a standard different analysis results or a suspected on the basis of the review, analysis and evaluation pursuant to § 4 paragraph 1 immediately. From the test application the person concerned and the competent Federation - Federation are proven to inform."

30 paragraph 15 together with the heading:

"Proceedings before the independent Austrian anti-doping Law Commission

Section 15 (1) has the ÖADR to initiate an anti-doping proceedings (Section 4a, paragraph 1) on the basis of the applicable anti-doping regulations of the competent international sports federations to test application (section 14a) through the independent doping control body (§ 4). Accordingly, the parties referred to in paragraph 2 and the competent Federation - Federation are proven to inform.

(2) parties to the proceedings before the ÖADR are 1 from the suspicion of a violation of anti-doping regulations affected parties and 2 the independent doping control facility as the body performing the inspection application (section 14a).

(3) in the case of initiation of anti-doping proceedings, no. 1 are the precautionary measures provided for in the applicable anti-doping regulations of the competent international sports federations to impose (E.g. suspension) against the party in accordance with paragraph 2. By deciding on the imposed security measure as well as the rules of procedure of the ÖADR, the party referred to in paragraph 2 is proven to inform Z 1.

(4) with the introduction of the anti-doping proceeding, the party referred to in paragraph 2 is no. 1 it noted that may is in writing voicing 1 within four weeks of initiation of the anti-doping proceeding to the allegation of a violation of anti-doping rules or 2 on a hearing without.

The party referred to in paragraph 2 denied involvement in the anti-doping process, Z 1 persistently oral proceedings can be avoided.

(5) the ÖADR has basically - without prejudice to the provisions referred to in paragraph 4 and 9 - conduct a hearing. The hearing is to guide and to organise by the Chairman. A party appears truancy to a hearing, she can be performed without the participation of this party. The parties referred to in paragraph 2 have the right to present evidence, to call witnesses and to question as well as to involve a lawyer. The parties referred to in paragraph 2 have the costs of their representation of experts drawn on their desire, interpreters and witnesses, as well as the other evidence submitted by them. The ÖADR can consult also experts, interpreters and witnesses the incurred costs of part of the costs of the proceedings.

(6) is dependent on the decision on suspicion of violating anti-doping rules, whether the party pursuant to para 2 subpara 1 continue the competition or take part in the next competition should and is not to be expected that in application of paragraph 5 in due time the anti-doping process will be completed, an abbreviated hearing can be conducted at their request after the proof and facts. This is to make the hearing in immediately to be applied oral proceedings and to decide to put forward evidence.

(7) under the pretense of false facts prove or illegally procured were, may be used for the finding of a doping violation does not.

(8) the decision in the anti-doping process must in writing with reasons for such withdrawal, at the latest within twelve weeks of initiation of the anti-proceeding of doping, unless agreed by the parties in accordance with paragraph 2, to a longer period and shall be notified to the parties, as well as the competent Federation - Federation has been proven.

(9) the ÖADR can make a preliminary decision without hearing, when the facts are clear. One of the parties in accordance with paragraph 2 is opposed within four weeks from the notification of the preliminary decision in writing this, unfolds the provisional decision no binding effect and the ÖADR has the anti-doping process to continue. The parties referred to in paragraph 2 does not violate the interim decision argue, this is final. Article 17, paragraph 1 not apply in this case."

31 according to § 15 the following article 15a and heading shall be inserted:

"Other procedural provisions

section 15a. (1) in its decision, the ÖADR has to make a determination of the costs pursuant to § 6. With regard to this cost determination the parties pursuant to article 15, paragraph 2, as well as the competent Federation - Federation can, if the cost not pursuant to section 6 para 4 imposed on the person concerned to the spare, covet the review by the independent Arbitration Commission within four weeks after notification of the decision.

(2) the Chairman shall the parties at the end of the procedure to disclose these costs and calculating.

(3) the ÖADR has the BSO to tell sport organizations, athletes, caregivers and competition organizers as well as the general public about imposed precautionary measures (E.g. suspension) and decisions on anti-doping procedure, specifying the name of each person concerned, the period of ineligibility and reasons hiefür, without closing on health data of each person concerned re can. Minors have. this information to be avoided"

32. § 16 and heading is eliminated.

33. paragraph 17:

"The parties in accordance with paragraph 2 within four weeks of delivery can covet § 17 (1) against decisions taken pursuant to article 15 validated by the independent Arbitration Commission. The decision is by the independent Arbitration Commission on legality check and can be fixed without replacement due to illegality or amended in any direction. The request for review has no suspensive effect on the decision in accordance with article 15.

(2) parties to the proceedings before the independent Arbitration Commission are 1 the decision of the ÖADR concerned, 2 the independent doping control facility and 3 by the applicable anti-doping regulations of the competent international sports federations entitled persons.

(3) on the proceedings before the independent Arbitration Commission find the provisions of §§ 580, para 1 and 2, 588 para 2, 592 para 1 and 2, 594 and 595, 597-602, 604, 606 para 1 to 5, 608 (1 and 2) and 610 of civil procedure (ZPO), RGBl. No. 113/1895, mutatis mutandis application. In addition, the independent Arbitration Commission has to give a procedure which has to contain detailed provisions on the procedure. The procedure is to make accessible in an appropriate manner to the public.

(4) the independent Arbitration Commission has immediately to decide receipt which review is sought, unless a longer period agreed by the parties pursuant to par. 2 Nos. 1 and 2 at the latest within twelve weeks after. Vote the vote of the Chairman decides. Decisions have to be made in writing and shall be reasoned. Regardless of the decision of the independent Arbitration Commission the invocation of the CAS as well as the civil rights trail is open to the parties of the arbitration.


(5) the Parties shall have the costs of their representation of experts drawn on their desire and witnesses, as well as the other evidence submitted by them. Is initiated the procedure at the request of the person concerned, so an amount in the transfer fee for a value in dispute of over 7,000 euros is collective post 2 of the court fees Act (GGG), BGBl. No. 501/1984, on the independent doping control facility to pay by this advance up to 35,000 euro according to § 32.

(6) in its decision, the independent Arbitration Commission has also a determination of the costs of the proceedings to carry out. The Chairman has the parties at the end of the procedure to disclose these costs and calculating.

(7) in the case of a confirmed violation of anti-doping rules, the costs are referred to in paragraph 6 in paragraph 5 designated advance paid amount reduces the person concerned up to a maximum of 6,000 euros for the replacement to the independent doping control agency to impose.

(8) has been carried out the procedure at the request of the independent doping control body, are the costs of the proceedings to impose the relevant Federation - Federation up to a maximum of 6,000 euros. At the request of the competent Federation - Federation, these costs under simultaneous assignment of his compensation claim on the independent doping control body are imposing on the parties concerned to the replacement.

(9) the costs of the proceedings are by the independent doping control body to reimburse, if there is no breach of anti-doping regulations or determined at a subsequent invocation of the CAS or a civil court.

(10) the independent Arbitration Commission has, without prejudice to their competence in accordance with paragraph 1, to decide: 1 according to § 4 paragraph 8 on the adoption of a control (§ 1a Z 11) or failure of reporting obligation (§ 1a Z 13) without delay, no later than within twelve weeks after receipt of which review is sought, unless a longer period is agreed by the parties in accordance with paragraph 11 Z 1. Paragraph 5 to 9 shall apply mutatis mutandis with the proviso that an amount of the transfer fee for a value in dispute of over 3,500 euro advance tariff post 2 GGG is payable up to 7,000 euros according to § 32 and the maximum amount is €3,000; is sought only the review of the costs associated with the failure by the competent Federation - Federation, is the amount of this advance must be paid;

2. immediately according to § 8 section 7 about the failure to grant of a medical exemption, at the latest within two weeks upon receipt of verification desire, unless a longer period is agreed by the parties in accordance with paragraph 11 Z 2; Paragraph 5 to 9 shall apply mutatis mutandis with the proviso that an amount of the transfer fee for a value in dispute of over 3,500 euro advance tariff post 2 GGG is payable up to 7,000 euros according to § 32 and the maximum amount is €3,000;

3. pursuant to § 15a paragraph 1 concerning the definition of the costs immediately, no later than within twelve weeks after receipt of which review is sought, if no. 3 no longer period agreed by the parties in accordance with paragraph 11; Paragraph 5 to 9 shall apply mutatis mutandis with the proviso that an amount of the transfer fee for a value in dispute of over 3,500 euro advance tariff post 2 GGG is payable up to 7,000 euros according to § 32 and the maximum amount is €3,000.

(11) the parties in the matters referred to in paragraph 10 are: 1 with regard to the decision on the adoption of a control (§ 1a Z 11) or failure of reporting obligation (§ 1a Z 13) by determining affected parties and the independent doping control facility as well as the associated costs the competent Federation - Federation, provided that he has not applied for their assignment

2. with regard to the decision about not granting a Tue affected parties and the independent doping control device;

3. with regard to the decision on the determination of the cost of each competent federal - Federation, provided that no application pursuant to section 6 para 4 was made, the person concerned and the independent doping control facility.

(12) the detailed provisions on the procedure in matters referred to in paragraph 10 are to meet in the rules of procedure in accordance with paragraph 3.

(13) the decisions of the independent Arbitration Commission are to make to the parties to the proceedings and the competent Federation - sport Association.

(14) the independent Arbitration Commission has the BSO to tell sport organizations, athletes, caregivers and competition organizers as well as the general public for their decisions under the names of the persons concerned, the period of ineligibility and reasons hiefür without closing on health data of the person concerned re can. Minors have. this information to be avoided"

34. paragraph 18:

"Sport organisations have section 18 (1) in their area with the means at its disposal to support the doping controls and to monitor compliance with the imposed backup and disciplinary action, and to enforce.

(2) sports organizations have: 1. the applicable anti-doping regulations of the competent international sports federations and the anti-doping rules applicable to the respective international competition, which is a posting of athletes, to recognize;

2. the provisions of this Federal Act, particularly sections 3 to 18, to recognize;

3. your members and the athletes associated to them, as well as their carers regularly about the anti-doping rules, and in particular within the meaning of § 2 para 2 Z 1 to 4 to inform;

4. in their area according to the doping risk and patterns of the respective sports/disciplines to meet adequate doping prevention and compliance continuously to monitor;

5. your regulations continuously to adapt the applicable rules in accordance with no. 1;

6. in their terms and conditions for competitions or competition events to provide for: a. the non-admission of athletes and caregivers, which suspended for doping or are locked;

b. the non-admission of athletes during the periods referred to in section 19 para 6 and 7;

c. the obligation of the athlete, to recognize the provisions referred to in article 19;

(d) the recognition of the obligations arising from this Act by the participants.

An agreement pursuant to article 11, paragraph 8 stipulates otherwise, the terms and conditions are so adjust accordingly;

7. the independent doping control body the rest, the change to display the loss or the resignation of membership by athletes of the national of testing pool immediately;

8. the decisions of the ÖADR and of the independent Arbitration Commission in the respective effect of each on their scope to recognise and implement.

(3) sports organizations have to support the institutions authorised to carry out doping controls doping controls to the extent necessary. They have in particular within their area of responsibility: 1 the independent doping control device all tenders by State and Austrian Championships under quotes competitions of and schedule no later than four weeks immediately at least one prior to their start date moves after knowledge, day before the start of the race, in writing to sign;

2. the independent doping control body the times and locations of the provided training camps and team training, as well as any change of these data immediately to report;

3. to provide that during the Championships according to Z 1 and the international competitions and competition events in Austria local spatial infrastructure for the doping control station (§ 1a Z 8) is available;

4. representatives of the independent doping control body and other authorized anti-doping organizations to grant whose legitimacy unhindered access to the competition and training venues, premises in accordance with no. 3 as well as to the changing rooms.

(4) sports organizations may not use following caregivers: 1 people, due to an anti-doping proceeding (§ 4a section 1) are locked, for the duration of the ban. The period of ineligibility is greater than 24 months, may care person; used a total of six years from the start of the lock does not

2. carers who have been sanctioned in a criminal or ethical procedures for an act that would have represented an anti-doping violation, for the duration of the sentence, but at least for six years since the decision;

3. carers who undertake in writing to the sports organization, others to submit to the anti-doping regulations of the respective national and international sports federations, to refrain from incompatible behaviour with the principles of fairness in the sporting competition as well as the sportsmanship b. the and to announce a postal address or electronic delivery address c. of the sports organization.


(5) sports organizations may send only in accordance with paragraph 4 to competitions allowed people and only athletes who gave the undertaking in accordance with article 19 and are not due to a backup or disciplinary measure excluded from participation. You have to refrain from all acts that can appear to support the sending of excluded people for activities in the vicinity of the team (nominated athletes and accompanying persons). Does not support the concerned athletes and caregivers also by the sports organisations the conditions referred to in paragraph 4. Participate in training with the team, may be allowed by the competent Federation - Federation two months before the expiry of the lock athletes from team sports when the behavior during the lock - in particular through participation in doping prevention - a further violation of the athlete against anti-doping rules is not expected. The last quarter of the imposed block is shorter than two months, the shorter period applies to the possibility of participating in the training.

(6) sports organizations and the BSO may record only sports organizations as members, whose regulations and, where appropriate, the terms and conditions for competitions and competition events comply with the rules referred to in paragraph 2 to 5 and who are committed to an ongoing adaptation of their rules and regulations according to para 2 Z 5. If recorded sports organizations reviewed these regulations and the adjustment obligation persistently violate, their membership is to dissolve.

(7) Federal - Sports Association and the Austrian disabled Sports Association have of athletes who to include in the national test pool, to obtain the Declaration of commitment in accordance with article 19, paragraph 1. After their existence they have the independent doping control body whose name, date of birth, sports, disciplines, squad affiliation, to announce availability (residential addresses, postal delivery or electronic mailing addresses, phone numbers), as well as their club and to transmit a copy of the Declaration of commitment of the independent doping control body.

(8) athletes who are in the national test pool, may be supported only by Federation - Federation and the Austrian disabled Sports Federation and only admitted to the competitions organized by them and competition events, if they previously gave the undertaking in accordance with article 19, paragraph 1."

35. paragraph 18:

"Sport organisations have section 18 (1) in their area with the means at its disposal to support the doping controls and to monitor compliance with the imposed backup and disciplinary action, and to enforce.

(2) sports organizations have: 1. the applicable anti-doping regulations of the competent international sports federations and the anti-doping rules applicable to the respective international competition, which is a posting of athletes, to recognize;

2. the provisions of this Federal Act, recognizing in particular sections 3 to 18;

3. your members and the athletes associated to them, as well as their carers regularly about the anti-doping rules, and in particular within the meaning of § 2 para 2 Z 1 to 4 to inform;

4. in their area according to the doping risk and patterns of the respective sports/disciplines to meet adequate doping prevention and compliance continuously to monitor;

5. your regulations continuously to adapt the applicable rules in accordance with no. 1;

6. in their terms and conditions for competitions or competition events to provide for: a. the non-admission of athletes and caregivers, which suspended for doping or are locked;

b. the non-admission of athletes during the periods referred to in section 19 para 6 and 7;

c. the obligation of the athlete, to recognize the provisions referred to in article 19;

(d) the recognition of the obligations arising from this Act by the participants.

An agreement pursuant to article 11, paragraph 8 stipulates otherwise, the terms and conditions are so adjust accordingly;

7. the independent doping control body the rest, the change to display the loss or the resignation of membership by athletes of the national of testing pool immediately;

8. their members to make sure that the athletes corresponding to them and caregivers follow the prompts of the ÖADR and of the independent Arbitration Commission properly participate in the procedure. The members have to ensure that an adequate and effective sanction mechanism is provided in their rules and regulations in case of an unjustified failure to comply with a prompt or a denied involvement by the them its sportsmen and caregivers;

9. the decisions of the ÖADR and of the independent Arbitration Commission in the respective effect of each on their scope to recognise and implement;

10. its members to impose the obligations according to Z 1 to 9, coming as far as factually in question, by provisions in the regulations or contract.

(3) sports organizations have to support the institutions authorised to carry out doping controls doping controls to the extent necessary. They have in particular within their area of responsibility: 1 the independent doping control device all tenders by State and Austrian Championships under quotes competitions of and schedule no later than four weeks immediately at least one prior to their start date moves after knowledge, day before the start of the race, in writing to sign;

2. the independent doping control body the times and locations of the provided training camps and team training, as well as any change of these data immediately to report;

3. to provide that during the Championships according to Z 1 and the international competitions and competition events in Austria local spatial infrastructure for the doping control station (§ 1a Z 8) is available;

4. representatives of the independent doping control body and other authorized anti-doping organizations to grant whose legitimacy unhindered access to the competition and training venues, premises in accordance with no. 3 as well as to the changing rooms.

(4) sports organizations may not use following caregivers: 1 people, due to an anti-doping proceeding (§ 4a section 1) are locked, for the duration of the ban. The period of ineligibility is greater than 24 months, may care person; used a total of six years from the start of the lock does not

2. carers who have been sanctioned in a criminal or ethical procedures for an act that would have represented an anti-doping violation, for the duration of the sentence, but at least for six years since the decision;

3. carers who undertake in writing to the sports organization, others to submit to the anti-doping regulations of the respective national and international sports federations, to refrain from incompatible behaviour with the principles of fairness in the sporting competition as well as the sportsmanship b. the and to announce a postal address or electronic delivery address c. of the sports organization.

(5) as regards carers, who are systematically with regard to the sporting activity in constant contact with the athletes, the sports organizations have to ensure that they are subject to their disciplinary anti-doping rules.

(6) sports organizations may send only in accordance with paragraph 4 to competitions allowed people and only athletes who gave the undertaking in accordance with article 19 and are not due to a backup or disciplinary measure excluded from participation. You have to refrain from all acts that can appear to support the sending of excluded people for activities in the vicinity of the team (nominated athletes and accompanying persons). Does not support the concerned athletes and caregivers also by the sports organisations the conditions referred to in paragraph 4. Participate in training with the team, may be allowed by the competent Federation - Federation two months before the expiry of the lock athletes from team sports when the behavior during the lock - in particular through participation in doping prevention - a further violation of the athlete against anti-doping rules is not expected. The last quarter of the imposed block is shorter than two months, the shorter period applies to the possibility of participating in the training.

(7) sports organizations and the BSO may only organisations as members of record, whose rules and regulations in addition to the obligations referred to in paragraph 2 Z 10 comply with para 2 to 6 match. If recorded organizations reviewed these regulations and the adjustment obligation persistently violate, their membership is to dissolve.


(8) Federal - Sports Association and the Austrian disabled Sports Association have of athletes who to include in the national test pool, to obtain the Declaration of commitment in accordance with article 19, paragraph 1. After their existence they have the independent doping control body whose name, date of birth, sports, disciplines, squad affiliation, to announce availability (residential addresses, postal delivery or electronic mailing addresses, phone numbers), as well as their club and to transmit a copy of the Declaration of commitment of the independent doping control body.

(9) athletes who are in the national test pool, may be supported only by Federation - Federation and the Austrian disabled Sports Federation and only admitted to the competitions organized by them and competition events, if they previously gave the undertaking in accordance with article 19, paragraph 1."

36. paragraph 19 together with the heading:

"Responsibilities of the athletes belonging to the national test pool

Section 19 (1) athletes who to include, in the national test pool have to commit themselves to the Federation - Federation in writing 1 to acknowledge the current anti-doping regulations of the Federation - Federation and regulations this Federal Act, in particular the sections 3, 5, 6, 8 to 18, as binding, 2. the applicable to the respective international competition anti-doping regulations to their posting takes place, to recognize, 3. violations of anti-doping regulations to refrain from and with all means available to them at its disposal to ensure , that no prohibited substances in their body tissue or their body fluids enter or prohibited methods on them be applied to join 4 doping controls referred to in sections 11 to 13, 5. the principal residential address, postal delivery addresses or electronic mailing addresses, any name change, as well as ending the career of the independent doping control body and the Federation - Federation reported immediately to, to inform 6 medical or dental treatment the doctor or dentist before administering drugs or use of treatment methods , that the provisions of this Federal Act are subject to, to attract 7 to cater only to persons, excluded pursuant to § 18 para 4 not thereof, to issue 8, resulting from the analysis of doping samples and the granting of medical exemption pursuant to section 8, 9 to comply with the requests of the ÖADR and of the independent Arbitration Commission and to participate in any procedure properly and 10 the express consent to the use of health data reporting requirements in accordance with paragraph 3 or 4 , depending on the affiliation to the top or base segment of the national of testing pool (§ 5), to meet.

(2) the undertakings referred to in paragraph 1 is to transmit the Federation - Federation of the athlete within two weeks after request in duplicate. The Declaration of commitment applies to the time the affiliation of the athlete to the national testing pool in accordance with section 5.

(3) athletes who belong to the top segment of the national of testing pool in accordance with § 5 have to report the following in addition to the obligations referred to in paragraph 1 one of the independent doping control body specified date prior to the first day of each quarter (1 January, 1 April, 1 July and 1 October): 1 for each day of the following quarter is the full address of the place where the athletes live (E.g. apartment , temporary accommodation, hotel, etc.);

2. for each day of the following quarter, name and address of any place where the athletes train, work or are engaged in other regular activities (E.g. school) as well as the usual hours for those regular activities;

3. his competition schedule for the following quarter, including the name and the address of every place, where the athletes will participate in competitions during the quarter, as well as the data, to which he is; participate in these places in competitions

4. for each day of the following quarter is a specific 60-minute time window between 6.00 and 23.00, to which he is anyway, reachable in a certain place for doping controls and available.

All changes of place of residence or the accessibility are during the quarter to announce changes the 60-minute time window at the latest two hours before immediately after knowledge.

(4) to athletes who belong to the basic segment of the national of testing pool in accordance with § 5, paragraph 3 applies Z 1 to 3.

(5) the independent doping control device has the athletes to fulfil their reporting obligations referred to in paragraph 1 Z 5, to provide an electronic filing system (§ 1a Z 14) paragraph 3 and 4. The athletes have their reporting requirements through this system to perceive. This data may be stored only as long as it is necessary for the fulfilment of the tasks of the independent doping control body referred to in article 4, paragraph 1 Z 3 to 6. 2000, the rights of a person in accordance with the data protection Act remain unaffected.

(6) athletes who have heard the national testing pool (section 5) at the time of the termination of the active career, have six months before the first race to sign the recovery of the playing career of the independent doping control body and after renewed commitment in accordance with paragraph 1 available for testing.

(7) athletes, the residual maturity between termination and notification of resumption of active career blocked their suspension or lock before the first competition to be seen 1 who have finished their career and 2 at this time listened to test pool the national and 3rd want to resume their active Laufahn during the suspension or lock if the maturity exceeds six months of reporting duties from recovery and renewed commitment in accordance with paragraph 1 for doping controls available to stand."

37. paragraph 20 paragraph 1:

"(1) in sports in which animals take part in competitions, the following applies: the prohibited substances and methods, as well as those laboratories of competent international sports federations has set, 1 for the animal are governed;"

2. the notification referred to in article 19, paragraph 1 Z 5 includes also the traineeship, training times and venues of the animal and is the athlete who is the sport with the animal, the pet owners or the responsible for the animal;

3. when doping tests on animals have those persons according to Z to serve 2, which are present at the time of the doping control;

4. the prohibition of the possession (§ 1 para 2 No. 6) and of involvement in doping controls on the animal (§ 1 para 2 Z 7) as well as the regulation in accordance with § 1 para 2 Z 10 apply to all persons mentioned in item 2;

5. the persons referred to in item 2 have to ensure that no prohibited substances in the body of the animal appears and no forbidden methods of the animal are applied."

38. in the section 20 para 4 is the bracket expression "(§ 15 Abs. 3)" by the parenthetical expression "(§ 15 Abs. 6)" replaced.

39. paragraph 20 paragraph 5:

"(5) sections 4a para. 2 Z 2 and 4 b paragraph 2 No. 4 apply doping suspicion against an animal subject to the proviso that in place of the experts of sports medicine is an expert of in veterinary medicine to nominate."

40th in the section 21 para 1 and 3, the word order is "sports organization in accordance with § 9 BSFG" by the phrase "organization pursuant to article 3 Z 3, 12 or 13 BSFG 2013" replaced.

41. the 3rd section header is as follows:

"Special information and penalty provisions, professional legal consequences of doping"

42. paragraph 22 and heading is eliminated.

43. in § 22a para 1 and 2 the phrase "in sports" is substituted each by the phrase "in connection with any physical activity" as well as the sequence of the words "with others" with the phrase "when athletes (§ 1a No. 21) or other".

44. in § 22a para 1 subpara 1, the word "Annex" is replaced by the word "Reference list".

45. in § 22a para 2, 3, 5 and 7, the phrase is replaced "Anabolic steroids, hormones or related compounds, hormone antagonists or modulators" by the phrase "Anabolic substances, peptide hormones, growth factors, related substances and mimetics, hormones and metabolic modulators".

46. in section 22a paragraph 7, the phrase is "in agreement with the Federal Minister of health and the Minister for justice" is replaced by the phrase "in consultation with the Federal Minister or the Federal Minister of health and the Minister or the Federal Minister of Justice".

47. paragraph 22b together with the heading:

"Freezing powers and obligations of the Customs authorities


section 22 b. (1) if certain facts that suggest that in the list of prohibitions related called anabolic substances, peptide hormones, growth factors, substances and mimetics, hormones and metabolic modulators that are spent, in a quantity exceeding the limit set (§ 22a para 7) beyond the boundaries of the Federal territory used for purposes of doping in connection with any physical activity on the market or used for athletes (§ 1a No. 21) or other , so the Customs authorities are empowered to ensure the items. By ensuring they have to report to the competent public prosecutor's Office without delay. This, explains that the requirements of ensuring (§ 110 StPO) are not available, is to repeal the guarantee immediately.

"(2) in connection with the control of the items referred to in paragraph 1 which are transported into, through, or from Germany, the Customs authorities may determine what personal data and process (§ 4 Z 9 DSG 2000) and these provide the competent law enforcement authorities, as far as this is necessary for the fulfilment of their statutory tasks."

48. in section 22c para 1 is the phrase "the decisions of the Law Commission" by the phrase "the her note brought decisions" replaced.

49. section 22c paragraph 3 is as follows:

"(3) the independent doping control body has in criminal proceedings for an offence according to § 22a or § 147 paragraph 1a of the Penal Code (StGB), Federal Law Gazette No. 60/1974, as well as in criminal proceedings related to violations of anti-doping regulations directly related in any case, a vested legal interest for inspection in accordance with article 77, paragraph 1, of the code of criminal procedure (StPO), BGBl. No. 631.1975"

50. in the section 22d para 1 No. 3 eliminates the citation "in accordance with § 15".

51. § eliminates 26 Z 3.

52. the heading to § 27 is as follows:

"Home and force, transitional provisions"

53. the section 27 be added following paragraph 9 to 13:

"(9) the table of contents, § § 1 and 1a, each including the heading, § 2 para 1 to 4, § 3 para 1 to 4 and 6, § 4, the sections 4a and 4B, each including heading, § 6 and heading, § 7, § 8 para 1 to 3 and 5 to 8, article 9, para. 3, article 10, paragraph 1, article 11, paragraph 1, 5 and 7, article 12, para. 1, § 14 para 1 to 3" , the § § 14a, 15 and 15a, each including including heading, article 17, article 20, paragraph 1, 4 and 5, § 21 para 1 and 3, the heading of the 3rd section, § 22a para 1 to 3, 5 and 7, section 22 b heading, § 22c para 1 and 3, § 22d para 1, the heading to section 27 and section 28, including heading, each as amended by Federal Law Gazette I no. 93/2014 , take effect from 1 January 2015.

(10) sections 5 and 19, respectively, together with heading, each as amended by Federal Law Gazette I no. 93/2014, apply with 1 April 2015.

(11) section 18 in the version of Z 34 of the Federal Act Federal Law Gazette I 93/2014, is no. 1 January 2015 in force and at the end of 31 December 2015 override.

(12) paragraph 18 in the version of Z 35 of the Federal Act Federal Law Gazette I 93/2014, is no. 1 January 2016 in force.

"(13) § 9 section 7, § 16 together with headline, article 22 together with heading and section 26 Z 3 occur at the end of 31 December 2014 override."

54. According to section 27 the following section 28 including heading is added:

"Pending cases

section 28. For those up pending the expiry of the 31 December 2014 at the Law Commission, the General Medical Commission, the dental Commission of veterinary Commission and the independent Arbitration Commission, the anti-doping - Federal Act 2007 (ADBG), Federal Law Gazette is I continue to apply no. 30, in the version applicable up to the expiry of the 31 December 2014. Does not Z 3 according to the legal situation applicable up to the expiry of the 31 December 2014 for proceedings for an offence under § 1 para 2. In these cases § 1 paragraph 2 is applied as in force Z of 4 from 1 January 2015 to apply subject to the proviso that the procedural issue violation as an (§ 1a Z 11) or notification failure (§ 1a Z 13) applies."

Fischer

Faymann